Loading...
08/17/2023Thursday, August 17, 2023 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda August 17, 2023City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (March 17) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 August Service Awards 5. Approval of Minutes 5.1 Approve the minutes of the August 3, 2023 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 8/15/2023 August 17, 2023City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve the Utility Easement conveyance request from DD Gulf to Bay, LLC., to install, repair, and maintain as affecting real property at 2975 Gulf to Bay Boulevard located in Clearwater, Florida. (consent) 7.2 Authorize an increase on purchase order to Charter Communications dba Spectrum Enterprise (Spectrum) of St. Louis, MO, for cable, internet access and point-to-point data network services in the amount of $31,500.00, from $320,000.00 to $351,500.00, through September 30, 2023; authorize a purchase order to Charter Communications dba Spectrum Enterprise (Spectrum) of St. Louis, MO, for cable, internet access and point-to-point data network services in the not-to-exceed amount of $155,000.00 from October 1, 2023 through September 30, 2024 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(d), Impractical, and authorize the appropriate officials to execute same. (consent) 7.3 Approve a Purchase Order to Polydyne Inc., of Riceboro, GA, for cationic dewatering polymer to be used at the City’s three Wastewater Reclamation Facilities (WRF) in the annual not-to-exceed amount of $915,000.00 with the option for three, one-year renewals, pursuant to ITB 17-23 Cationic Dewatering Polymer, and authorize the appropriate officials to execute same. (consent) 7.4 Approve Change Order 2 to Poole and Kent Company of Florida, in Tampa, FL, for Marshall Street Water Reclamation Facility (MS WRF) Process Control Gates Repairs (City Project 18-0047-UT) in the amount of $287,416.00, increasing the contract amount to $3,765,152.02 and extend project completion by 270-days from July 3, 2023 through April 8, 2024; approve Supplemental Work Order 3 to Engineer of Record (EOR) Brown and Caldwell in the amount of $351,570.00 for additional engineering services during construction, increasing the work order total to $784,128.00; and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 8/15/2023 August 17, 2023City Council Meeting Agenda 7.5 Approve a Purchase Order(s) to Ferguson Waterworks of Tampa, FL and Fortiline, Inc. of Tampa, FL, for ductile iron pipes, fittings, mechanical joint restraints, and polyethylene tubing in the cumulated annual not-to-exceed amount of $386,000.00 for the term August 18, 2023, to August 17, 2024, with two, one-year renewal options pursuant to ITB 25-23 Ductile Iron Pipes, Fittings, Mechanical Joint Restraints, and Polyethylene Tubing and authorize the appropriate officials to execute same. (consent) 7.6 Authorize the purchase of vehicles (heavy and light duty) and equipment in the not-to-exceed amount of $10,097,700.00, budgeted in the Fiscal Year (FY) 24 budget, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Piggyback or Cooperative Purchasing, 2.563(1)(d) Non-competitive purchases, and 2.561(5) Small Purchases; declare the vehicles and equipment being replaced as surplus and authorize for disposal at auction or trade-in, whichever is in the best interest of the City, pursuant to Clearwater Code of Ordinances Sections 2.623(6), (7)(c), (7)(e), and (8); authorize lease purchase under the City's Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interest and authorize the appropriate officials to execute same. (consent) 7.7 Declare list of vehicles and equipment surplus and authorize disposal through auction pursuant to Clearwater Code of Ordinances Sections 2.623(6) and (8) and authorize the appropriate officials to execute the same. (consent) 7.8 Authorize a contract to Waste Connections of Florida, Inc., for a period of one year, for the processing of municipal single stream recycling commodity at the contractors’ Materials Recovery Facilities in a cumulative not to exceed amount of $1,020,000.00, pursuant to Invitation to Negotiate 29-23 and authorize the appropriate officials to execute same. (consent) 7.9 Reappoint Frank Persechino to the Nuisance Abatement Board with a term to expire September 1, 2027. (consent) 7.10 Reappoint Gary Baker to the Nuisance Abatement Board with a term to expire September 1, 2027. (consent) 7.11 Appoint Emily Pano to the Sister Cities Advisory Board with a term to expire August 17, 2027. (consent) 7.12 Appoint Jarvis Sheeler to the Brownfields Advisory Board, as the Government/Agency representative, to fill an unexpired term through June 30, 2025. (consent) 7.13 Appoint Mahalee Marshall to the Brownfields Advisory Board to a term set to expire August 17, 2027. (consent) Page 4 City of Clearwater Printed on 8/15/2023 August 17, 2023City Council Meeting Agenda 7.14 Appoint Daniela Sherrod to the Nuisance Abatement Board with a term to expire September 1, 2027. (consent) 7.15 Appoint Phillip Rugari to the Marine Advisory Board to fill the remainder of an unexpired term through March 31, 2025. (consent) 7.16 Appoint Jonathan Barnes to the Public Art and Design Board as the Clearwater Arts Alliance representative to fill the remainder of an unexpired term through March 31, 2026. (consent) 7.17 Approve the Second Amendment to the Contract for Sale of Real Estate between the City of Clearwater, the DeNunzio Group and Gotham Property Acquisitions to provide for a mutual extension of due diligence regarding the purchase of the old City Hall site and authorize appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2020-2021 and interim year 2021-2022 and allow appropriate officials to execute same. 8.2 Approve the annexation, initial Future Land Use Map designations of Residential Estate (RE) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Density Residential (LDR) District for an unaddressed parcel on Tanglewood Drive, and pass Ordinances 9684-23, 9685-23, and 9686-23 on first reading. (ANX2023-05005) 8.3 Approve the annexation, initial Future Land Use Map designations of Residential Estate (RE) and Water and initial Zoning Atlas designation of Low Density Residential (LDR) District for an 1862 McCauley Road, and pass Ordinances 9694-23, 9695-23, and 9696-23 on first reading. (ANX2023-06006) 9. City Manager Reports Page 5 City of Clearwater Printed on 8/15/2023 August 17, 2023City Council Meeting Agenda 9.1 Approve $250,000 for startup and one-year ongoing operating expenses of AMPLIFY Clearwater Tourism Incubator to be located at 1346 S Ft Harrison Ave, Clearwater. (consent) 9.2 Approve a street name change from Wistful Vista Drive to Chabad Drive and adopt Resolution 23-11. 9.3 Approve issuing customer credits/refunds for recycling service charges for the period of July 2022 through December 2022. 9.4 Appoint an individual to fill an unexpired term through April 30, 2025 on the Public Art and Design Board in the Resident knowledgeable in fields of public art, education, or community affairs category through April 30, 2025. 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 6 City of Clearwater Printed on 8/15/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0897 Agenda Date: 8/17/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: August Service Awards SUMMARY: 5 Years of Service: Michelle Mann Police Christian Jimenez-Barrios Parks and Recreation Carla Scrivener Parks and Recreation Jason Chrappa Parks and Recreation Jennifer Poirrier City Manager’s Office Jessica Harmeson Human Resources Edwin Martinez Solid Waste Joseph Borders Solid Waste Howard Rein Fire Nicholas Esposito Fire 10 years of Service: Jessica Wilke Finance/Utility Customer Service Amber Priester Library Robert Malick Gas Allen Tucker Gas Scott Adam Gas Bradley Hamilton Public Works 15 Years of Service: Joann Palumbo Public Works Paul Comini Police 20 Years of Service: Willie Watts Public Utilities Page 1 City of Clearwater Printed on 8/15/2023 File Number: ID#23-0897 David Blow Solid Waste Joel Conklin Gas Freda Dixon Parks and Recreation 25 Years of Service: Jade Weppler Gas Thomas Wilcox Solid Waste Page 2 City of Clearwater Printed on 8/15/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0958 Agenda Date: 8/17/2023 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the August 3, 2023 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/15/2023 City Council Meeting Minutes August 3, 2023 1 City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, August 3, 2023 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes August 3, 2023 2 Rollcall Present: 5 - Mayor Brian Aungst Sr., Vice Mayor Mark Bunker, Councilmember David Allbritton, Councilmember Kathleen Beckman and Councilmember Lina Teixeira Also Present: Jennifer Poirrier – City Manager, Michael Delk – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Aungst The meeting was called to order at 6:00 p.m. 2. Invocation – Pastor Nate Ramsey from Restoration Village Ministries 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Diversity Poster Contest Presentation - Sherman Stroman, H.R. Diversity Manager; Antanay Tarrant, H.R. Analyst Sherman Strong and Karla Deas provided a PowerPoint presentation. 4.2 U.S. Coast Guard Appreciation Month Proclamation - Senior Chief Boatswain’s Mate Sean Crocker, Officer-in-Charge of Coast Guard Station Sand Key. 4.3 End of Session Report - Peter Dunbar and Martha Edenfield - Dean, Mead, and Dunbar 5. Approval of Minutes 5.1 Approve the minutes of the July 20, 2023 City Council meeting as submitted in written summation by the City Clerk. Draft City Council Meeting Minutes August 3, 2023 3 Councilmember Beckman moved to approve the minutes of the July 20, 2023 City Council meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Mr. Holuba reviewed a conversation he had with someone regarding Clearwater Police Officers and welcomed the City's new police officers. He said he was of the chorus of boos heard during the Oath of Office ceremony for the new Police Chief. Beth Davis said housing is complicated and the Clearwater Alliance for Housing is here to assist the community, staff, and non-profits. She questioned if there is a plan for staff to correct obstacles with accessory dwelling unit construction, such as garage apartments, and is there a budget or education strategy for reducing energy costs for families. She said more than 0.8 FTE is needed in order to collaborate with cities and agencies to assist individuals avoid eviction, increase legal aid, and find developers to strengthen housing within city limits. Wayne Carothers said The Sound is a success and that he supports anything that brings in more foot traffic to Downtown. He said closure regarding the cemetery at Missouri Avenue and Cleveland Street needs to happen soon; the estimated settlement cost will continued to increase if it is not settled soon. Norm Bild said he attended Mark Van Tree's swearing in ceremony and encouraged community leaders to tour the EOC at MacDill. Lisa Lanza supported affordable housing and expressed concerns with unpermitted affordable housing units on zero lot lines and the impact these units would have on vehicular traffic in the neighborhood. Blain Enderle said he was a crossing guard appointed by City Manager Bill Horne and was relieved of his duty one week prior to Christmas and never given a reason. He asked that he be given a reason in order to update his resume. Mike Riordon said the Phillies are now valued at $2.58 billion, at 12% value growth in one year; the City will have a hard time obtaining any funding from the Tourist Development Council because of beach Draft City Council Meeting Minutes August 3, 2023 4 renourishment and a new baseball stadium for the Rays. He suggested the City consider selling the entire complex to the Phillies for a 50% discount and a 50-year commitment. Mike Mastruserio thanked the City for closing Cleveland Street; it has been a positive experience for business owners. He provided Council with t-shirts. Daniel McDonald said he supports keeping Cleveland Street closed and supports the City implementing a wet zone in Downtown. Christine Michalek opposed the Decade Properties project and expressed concerns with five components that remain non-compliant with Beach by Design: transfer of development rights, fire regulations, 27 room (not suites, not dwelling units), clearly defined and aesthetic entrance, access to overnight accommodations provided though a lobby, and Florida Coastal Construction (setback, seawall, damage to neighbors). Tony Teller supported a wet zone in Downtown. Scott Sousa said the Downtown Clearwater Merchants Association has reformulated and is no longer event driven to keep Downtown going. He thanked Council for their support and said a wet zone is needed in Downtown; the area is large enough to support five stages. He requested consideration to install better lighting and a gazebo for live music. Andre Johnson said he provides a non-emergency transport service and requested assistance resolving a legal matter involving two city employees. Rudy Michalek said a cable company sub-contractor entered the Country Club Addition neighborhood unannounced and disconnected several cable lines and the water line. He thanked employee Samantha Moullet for assisting Country Club Addition HOA President and connected them to proper individuals to resolve the matter quickly. 7. Consent Agenda – Approved as submitted, less Item 7.7. 7.1 Authorize a Guaranteed Maximum Price proposal to Khors Construction Inc., of Pinellas Park, FL for the restoration of the Ream Wilson Trail pedestrian bridge located over McMullen Booth Road, in the amount of $1,119,595.70 pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing contracts and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes August 3, 2023 5 7.2 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School, Oak Grove Middle School, and Clearwater Fundamental for a three-year period, commencing July 1, 2023 through June 30, 2026, and authorize the appropriate officials to execute same. (consent) 7.3 Approve an agreement between the City of Clearwater and Countryside Christian Academy and Preschool of Pinellas County, Florida providing for the implementation of the Police Safety Officer program for a five-year period, commencing August 1, 2023 through June 2, 2028, and authorize the appropriate officials to execute same. (consent) 7.4 Approve a professional service agreement and work order with Wannemacher Jensen Architects (WJA) Inc., of St. Petersburg, FL, for The Long Center Pool Renovation 21-0026-PR in the amount of $203,951, pursuant to Request for Qualifications (RFQ) 08-23, and authorize the appropriate officials to execute same. (consent) 7.5 Approve a proposal from Keystone Excavating, of Oldsmar, FL, for Kings Highway over Stevenson’s Creek Retaining Wall (21-0038-EN) at the Guaranteed Maximum Price of $435,087 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk for Continuing Contracts and authorize the appropriate officials to execute same. (consent) 7.6 Approve a Work Order to Advanced Engineering and Design, Inc. of Pinellas Park, FL, for Island Way Road Improvements (23-0019-EN), in the amount of $183,773.25, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and authorize the appropriate officials to execute same. (consent) 7.7 Approve a proposal from Keystone Excavating, of Oldsmar, FL, for pilot demonstrations as part of the Fort Harrison Avenue Corridor Improvements (19-0036-EN) project at the Guaranteed Maximum Price of $114,912.87 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk for Continuing Contracts, and authorize the appropriate officials to execute same. (consent) See below. 7.8 Approve supplemental one work order with Atkins North America, of Tampa FL, for Community Rating System Support Services from 2023 to 2026 in the amount of $270,930 increasing the value from $89,800 to $360,730 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. (consent) 7.9 Approve an agreement and purchase order with HQE Systems, Inc of Temecula, CA, for a severe weather and emergency alert system and support services for the City of Clearwater residents, tourists, and Emergency Management team in the not to exceed amount of $1,282,463.06 pursuant to RFP 30-22, Severe Weather Alert System, and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes August 3, 2023 6 7.10 Approve an extension of the Interlocal Agreement for Library Services in Pinellas County for an additional five years, for the period from October 1, 2023 through September 30, 2028, and authorize the appropriate officials to execute same. (consent) 7.11 Designate Vice Mayor Mark Bunker to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 10-12, 2023. (consent) Vice Mayor Bunker move to approve the Consent Agenda as submitted, less Item 7.7, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.7 Approve a proposal from Keystone Excavating, of Oldsmar, FL, for pilot demonstrations as part of the Fort Harrison Avenue Corridor Improvements (19-0036-EN) project at the Guaranteed Maximum Price of $114,912.87 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk for Continuing Contracts, and authorize the appropriate officials to execute same. (consent) September 17, 2020, City Council approved the use of Construction Manager at Risk (CMAR) Services for Continuing Contracts per RFQ 40-20, to thirteen firms with Keystone Excavating Company, Inc., being one of the thirteen firms selected. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 based upon construction experience, financial capability, availability of qualified staff, local knowledge, and involvement in the community. Keystone Excavating, Inc. was selected for this project due to its experience with other similar projects. February 3, 2022, City Council approved the Work Order for the design and bidding of Phase I of the Fort Harrison Avenue Corridor Improvements (19-0036-EN). The design of Phase I includes the installation of four temporary demonstration projects along the S. Ft. Harrison corridor to improve pedestrian safety and enhance aesthetics. The temporary demonstration locations include: • Traffic Circle at Palm Bluff • Mid-block crossing just south of Engman • Narrowing of lanes between Cedar and Engman • Repurposing four lanes to two lanes and a center left turn lane from Belleair to Belleview Once the demonstration projects are installed, they will be evaluated to determine any effects on the proposed project. APPROPRIATION CODE AND AMOUNT: ENRD80004-CONS-CNSTRC $114,912.87 Funds are available in the capital improvement project ENRD180004, Streets and Sidewalks, to fund the proposal. Draft City Council Meeting Minutes August 3, 2023 7 In response to questions, City Engineer Tara Kivett said she has a call scheduled with Belleair's consultant to coordinate the project with Belleair's timeframe. The traffic study showed that the annual daily traffic along Ft. Harrison Avenue is approximately 13,000. The study showed that even with eliminating the lane, the capacity is plenty given the current traffic volume. She said she was not sure when the traffic counts were conducted after the closure of Indian Rocks Road, but she would look into it. In response to a suggestion, Ms. Kivett requested that Council pause the lane elimination on the south end, but allow staff to move forward with the other three demonstration projects. She said Indian Rocks Road will be impacted for years; Belleair's project is currently in phase one. The road already narrows to one lane north of Bellview Boulevard. One individual spoke in support and suggested installing a directional sign on Lakeview Road to inform drivers of the downtown bypass. Councilmember Allbritton moved to approve Item 7.7, moving forward on the three northern most parts of the work, and only the roadway between Belleview Boulevard and Belleair Road to be started after staff meets with Belleair and Council. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9681-23 on second reading, annexing certain real property whose post office address is 1786 North Hercules Ave, Clearwater, Florida 33765 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. Ordinance 9681-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9681-23 on second and final reading. Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.2 Adopt Ordinance 9682-23 on second reading, amending the future land use plan element Draft City Council Meeting Minutes August 3, 2023 8 of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1786 North Hercules Ave, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial Limited (IL). Ordinance 9682-23 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9682-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.3 Adopt Ordinance 9683-23 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1786 North Hercules Ave, Clearwater, Florida 33765, upon annexation into the City of Clearwater as Industrial, Research and Technology (IRT). Ordinance 9683-23 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9683-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.4 Adopt Ordinance 9692-23 on second reading, amending Section 2.263(1), Code of Ordinances, to increase the salaries of the mayor and councilmembers. Ordinance 9692-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9692-23 on second and final reading. The motion was duly seconded and upon roll call, the vote carried as follows: Ayes:3 - Mayor Aungst Sr., Councilmember Allbritton and Councilmember Teixeira Nays: 2 - Vice Mayor Bunker and Councilmember Beckman 8.5 Adopt Ordinance 9697-23 on third reading, annexing certain real property whose post office address is 1221 Sunset Point Road, Clearwater, Florida 33755 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. Ordinance 9697-23 was presented and read by title only. Draft City Council Meeting Minutes August 3, 2023 9 Councilmember Allbritton moved to adopt 9697-23 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.6 Adopt Ordinance 9698-23 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1221 Sunset Point Road, Clearwater, Florida, 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 9698-23 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9698-23 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.7 Adopt Ordinance 9699-23 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1221 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Ordinance 9699-23 was presented and read by title only. Vice Mayor Bunker moved to adopt Ordinance 9699-23 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.8 Adopt Ordinance 9700-23 on third reading, annexing certain real property whose post office address is 1219 Sunset Point Road, Clearwater, Florida 33755 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. Ordinance 9700-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9700-23 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira Draft City Council Meeting Minutes August 3, 2023 10 8.9 Adopt Ordinance 9701-23 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1219 Sunset Point Road, Clearwater, Florida, 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 9701-23 was presented and read by title only. Councilmember Allbritton moved to adopt 9701-23 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.10 Adopt Ordinance 9702-23 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1219 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Ordinance 9702-23 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9702-23 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.11 Continue to September 7, 2023: Adopt Ordinance 9684-23 on second reading, annexing certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, in Clearwater, Florida, 33761 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. 8.12 Continue to September 7, 2023: Adopt Ordinance 9685-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, in Clearwater, Florida, 33761, upon annexation into the City of Clearwater, as Residential Estate (RE) and Preservation (P). 8.13 Continue to September 7, 2023: Adopt Ordinance 9686-23 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, in Clearwater, Florida, 33761, upon annexation into the City of Clearwater as Low Draft City Council Meeting Minutes August 3, 2023 11 Density Residential (LDR) and Preservation (P). 9. City Manager Reports – None. 10. City Attorney Reports – None. 11. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Allbritton said Forward Pinellas approved a new apportionment plan yesterday, increasing membership from 13 to 19 board members. Clearwater will now have two representatives. He said the new plan needs to go to the Governor for approval. Councilmember Teixeira welcomed all new hires to the Clearwater family. She said she was happy to hear that the Downtown Merchants Association is no longer event driven to survive. Vice Mayor Bunker reviewed recent events and stated that Mark Rinder is fighting cancer and making progress. He said journalist Tony Ortega is also fighting his cancer; he wished Tony and his wife success with the fight. Councilmember Beckman congratulated Eric Gandy as the City's new Police Chief, wished teachers, administrators, and students best of luck in the new school year, and urged all drivers to be aware of kids walking and bike riding. She encouraged all to consider volunteering for the Lunch Pals mentoring program. 12. Closing Comments by Mayor The Mayor welcomed Police Chief Gandy and the new police recruits to the City. He reviewed recent events and stated he continues to hear great things about Coachman Park and downtown businesses thriving. 13. Adjourn The meeting adjourned at 7:37 p.m. Mayor City of Clearwater Draft City Council Meeting Minutes August 3, 2023 12 Attest City Clerk Draft INDIVIDUAL SPEAKER Citizen Comment Card 14 PIName: Address: S FT- /1/901%) City• kCc—0-14.'T"' Zip: ,33 7 $ Telephone Number: 727' as 3 ` iegv Email Address: in -4 /lc d'0r jJr gait q Speaking under citizens to be heard re items not on the agenda?;e_ Agenda item(s) t which you wish to speak. t What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: tS-1 Address: 3a Yi City. .1 QAC zip:337(z,) Telephone Number: 1 a1 Email Address: t'G C - (kit' % Cei) Speaking under citizens t e heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against Citizen Comment Card Name: f" --rt' tk'_i; GP' C Address: 2% City: Ctecer uScIkeC Zip: 33765 Telephone Number: *.1 Lt 211; 22-C1- Email 2-1 L Email Address: boosPc Speaking under citizens to be heard re items not on the agenda?,' Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: C Vn Address: '(s `0\i (4- C City C Telephone Number: Email Address: Zip: C\ Ll k ---c13 --9 c Speaking under citizens to be heard re items not on the agenda? 11 Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: SGS 06 LU Address. (S 1-14 S )11.2- k City: C I tc'v ic.>cr Zip: 33'7 o Telephone Number:/727 11%6-2 -/) L ( Email Address: 41Sc>0 Speaking under citizens to be heard re items not on the agenda? i' Agenda item(s) to which you wish to speak: What is your position on the item? For Against I1YVI V IL/ VIIL V I `I 11111.11 Citizen Comment Card Name: De N)SoAVent Address: 19 Ra T&7 City: Ctc .( WG\i-e,C Zip: 3-z? Telephone Number: 04I , v Email Address: Speaking under citizens to be heard re items not on the agenda? er Agenda item(s) to which you wish to speak• W k(4e(iFS What is your position on the item? For Against INDIVIDUAL S PEAKER Citizen Comment Card Name:;_) te-D61(A Sqn/PY Address: '107 N(i ' liJ J I He r Zi ;* 6,5(JP City: Telephone Number: a•-7 • 702, Email Address: S q r 4b7 () vv11Q( "11 Speaking under citizens to be heard re items not on the agenda? 4( Agenda item(s) to which you wish to speak. What is your position on the item? For Against Arter-ele INDIVIDUAL S PEAKER Citizen Comment Card Name: I4 ^ A' Address: / 4/ City: Zip: Zi : 33 7 Telephone Number: 70--7 — L/30 Email Address: h/ r7("7 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against INDIVIDUAL S PEAKER Citizen Comment Card Name: Jn 1 / [1/ f+a+)ic: Address: I .595Fa)/ 1\ S City C ea?' Walek Zip: 337c Telephone Number:7 a 7 (1' YS 7 7 v 7 Email Address: JAC/A .SICs,94--. ,e , Speaking under citizens to be heard re items not on the agenda? Agenda it m(s) to which you wish to speak. I U C(45 0h sci e`4 in Awe k+S Ife mare bef(a• r_e S p cts-Ceei). ,Aica -ked asp 64-Yrut What is your position on the item? For v Against Lc (1 Pa INDIVIDUAL S PEAKER Citizen Comment Card Name: / /'M 1.1) Address: ZSJ'C 6el /( % Ay 3/c D City: Ot`W irur'4l(e r— Zip: Telephone Number: Email Address: 33 K-4 r4's' 3 Iva v K P1 k 7 e C7- cre/ f otr Speaking under citizens to be heard re items not on the agenda? Agenda items) to which you wish to speak: a. A'ht /72 ((•/f cAt,o/o)' e 44, A -e s/m C 7 t ci 'tte t Or(kp CC What is your position on the item? For Against INDIVIDUAL S PEAKER Citizen Comment Card Name: C1}L-rl4'£ Address: City: A./2 Zip: SI 337g4 Telephone Number: 7z7-3 (-?z CJS Email Address: ail"- eepitt Speaking under citizens to be heard re items not on the agenda? Age da itemm(s) to which you wish to speak. I elCi8 D-e3ac What is your position on the item? For Against GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: EtsE So rriof Address: City: Zip: Telephone Number: Email Address: Agenda item to which you wish to speak: What is your position on the item? For_ Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the subject agenda item. Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature A'A ti o As INDIVIDUAL S PEAKER Citizen Comment Card Name: L'L•\ 1 Address: 1\ C 1 1 City: (_,' Zip: 3 Sb Telephone Number: Ocrs-3 r_ Email Address: 4 LV 4i\ c --AG ' • LcrW\ Speaking under citizens to be heard re items not on the agenda? f Agenda item(s) to which you wish to speak: What is your position on the item? For U. Against ksL Ip1rd Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 23-0909 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 Approve the Utility Easement conveyance request from DD Gulf to Bay, LLC., to install, repair, and maintain as affecting real property at 2975 Gulf to Bay Boulevard located in Clearwater, Florida. (consent) SUMMARY: The prior Ordinance 9507-21 dated 10/7/2021 requires and reserves a utility easement. This prior reservation supports and connects the proposed utility easement to the existing city utility easement. Exhibits (A-B-C) are also attached to the presented owner-executed utility easement. This easement has been confirmed by a review of the revised As-Built plans. All utilities will be placed within the defined easement. City staff have reviewed and approved this easement conveyance request. Page 1 City of Clearwater Printed on 8/15/2023 THIS INSTRUMENT PREPARED BY: Jerrod D. Simpson, Esq. City Attorney's Office City of Clearwater 600 Cleveland St. Suite 600 Clearwater, Florida 33770 Recording Data Above PUBLIC UTILITY EASEMENT THIS PUBLIC UTILITY EASEMENT is made this 2_A....?-day of March, 2023, by DD Gulf to Bay, LLC, whose principal address is 403 Corporate Center Drive, Suite 201, Stockbridge, GA 30281 ("Granter"), and granted to the CITY OF CLEARWATER, a municipal corporation organized and existing under the laws of the State of Florida, whose principal address is 600 Cleveland St., Suite 600, Clearwater, FL 33755 ("Grantee"). The Granter, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, hereby grants, bargains, sells and conveys to the Grantee a non-exclusive public utility easement for the purpose of installing, accessing, maintaining, repairing and replacing public utilities upon the following-described lands (the "Property") located in Pinellas County, Florida: See Exhibit "A" & "B" & "C" IT IS EXPRESSLY COVENANTED AND AGREED that this Public Utility Easement does not convey the fee simple title to the Property and is only an easement for the uses and purposes stated herein. This Easement is binding on the Granter, the Grantee, their heirs, successors, and assigns, and the rights granted herein shall be perpetual and irrevocable and shall run with the land. However, in the event the Grantee abandons the use of this Public Utility Easement for the stated purposes, all right, title and interest herein granted shall immediately revert to the Granter or the Grantor's successors in title. [Signature Page Follows] Page 1 of 2 EXHIBIT-"B" POINT OF COMMENCEMENT THE NORTHEAST CORNER OF THE S.E. 1 / 4 OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST (NORTHEAST CORNER OF LOT 1) SCALE: 1 "= 100' -,----------,-------- �· -� . @:4@;;, .· ;,� 0 50' 100' Il I 200' L O T 3 10' ADDITIONAL RIGHT-OF-WAY 1 I I I L O T 2 CONVEYED TO THE CiTY OF CLEARWATER (OFFICIAL RECORD BOOK 6302, PAGE 1729) (VACATED PER ORDINANCE 9507-21) I f POINT OF -l--1---TERMJ_NATION I.---------\\I L O T THE NORTHEAST CORNER OF LOT 17 LL I'--o� >-Z n::o <(-oi-zU::::,w 0(/)OJ I-(/J � r--. <:j- � tfJ !'l r-- I") b 0 (/) ----1r--L14j L13 I I I I N ..J \ S89'46'19"W 194.70' \-�ORMER �OUTl RIGHT-OF-WAY �F_ J _-,4+--L,�"'---'-'"--'-'"--'-'----'-"'-'-'-'--=---r TREET THE NORTHEAST VACATED ROGERS S CORNER OF LOT 18 SHADED AREAS INDICATE THOSE PORTIONS � I I I I I I I I I I r- 1 I I I I I I I I I 5.00' 5.00' 10.00' OF VACATED ROGERS STREET SUBJECT TO UTILITY EASEMENT RESERVED THROUGH CITY OF CLEARWATER ORDINANCE No.9507-21 I :j (OFFICIAL RECORD BOOK 21781, PAGE 2617) Wm. BROWN'S SUBDIVISIONOF BAYVIEW, FLA. PLAT BOOK 1, PAGE 13 PUBLIC RECORDS 9F HILLSBOROUGH COUNTY L O T 1 6 POINT OF I III I I L O T 1 7 v I ::i II <..s 15 TERMINATION �::::t:����� L7 5.00' 5.00' 10.00' L O T 1 8 III I I I I I I I II II I j1---------,----.--------------------N_O_T�A_S_U_R_VE-----1Y 11---------l:::.:oo· () Stantec mu: 1 o· UTILITY EASEMENT .� MHf OneTeam,fnfinileSotullons PROJ: CLEARWATER M/F APARTMENTS 777 S. Harbct.r ls!a� S!v::!., STE 600, Tarr.pz, Fl 33Sl2 ii SEC-lWP-RGE S00.643.4336. 313·223-9500. F C13-22J.CC-09. VNt.v.S:antcc..c.om a.JOO: DAVIS DEVELOPMENT GROUP INC� t,F!!i 1¥1 (II.Tl: t7-120S-'15E Stoo:oc Cmu!Ur.<J Semeo, Inc. , Cenifoc,to of Au<t�n2a1,un LB 7,;6 • • FROJECT NO. 215616947 INDEX NO; 215616947_SK01 DATE: SHEET NO: 1 OF L'.egoi Description: A strip of land being 10.00 feet in width and lying within 5.00 feet of each side of the following described centerline running through Lots 16 ond 17, of Wm. Brown's Subdivision of Bayview, Fla., per map or plat thereof as recorded in Plot Book 1, page 13, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, said centerline being more particularly described as follows: Commence at the Northeast corner of the Southeast 1 / 4 of Section 17, Township 29 South, Range 1 6 East, Pinellas County, Florida, said point being the Northeast corner of Lot 1 of Wm. Brown's Subdivision of Bayview, Fla., per map or plat thereof as recorded in Plat Book 1, page 13, of the Public Records of Hillsborough County, Florida, of Which Pinellas County was formerly a part, 9nd run thence S.00"37'35"W., along the monumented East boundary of said Section 17, a distance of 458.57 feet to the Northeast corner of Lot 18 of aforementioned Wm. Brown's Subdivision of Bayview, Fla., said point being located on the former South right-of-way line of vacated Rogers Street (a 40.00 foot wide right-of-way per aforementioned Plat Book 1, page 13); thence S.89' 46' 19"W., along said South right-of-way line, 194.70 feet to the Northeast corner of Lot 17 of aforementioned Wm. Brown's Subdivision of Bayview, Fla.; thence continue, S.89" 46' 19"W., along said south right-of-way line, 5.00 feet to the Point of Beginning; thence S.00"37'35"W., along o line being 5.00 feet westerly of, and p9rallel with the East boundary of said Lot 17, a distance of 216.45 feet; thence S.46'03'03"W., 10.96 feet; thence S.00"38'36"W., 36.83 feet; thence S.41'52'54"E., 11.57 feet, to a point of intersection with the aforementioned line being 5.00 feet westerly of, and parallel with the East boundary of said Lot 17; thence S.00"37'35'W., along said parallel line, 157.54 feet; thence S.89'58'29"W., 202.60 feet; thence N.81 · 44'09"W., 128. 7 4 feet; thence N.42"27'29"W., 42.21 feet to o point hereinafter referred to as Point "A''; thence N.46'47'53"W., 21.98 feet; thence N.00'04'44"W., 262.74 feet; thence N.01'11'28"E., 90.95 feet; thence N.35'35'13"W., 3.83 feet; thence N.04'59'02"W., 4.13 feet to a Point of Termination. Begin again at aforementioned Point "A" and run thence N.45"37'28"E., 24.92 feet, to a Point of Termination. The side lines of the above described strip of land shall be shortened or lengthened to maintain contiguity with the North boundaries of Lots 16 and 17, the same being the south boundary of vacated Rogers Street. Containing 0.273 acre (11,904 square feet), more or less. LINE TABLE LINE TABLE UNE BEARING DISTANCE LINE BEARING DISTANCE L1 S89'46'19"W 5.00' L9 N42"27'29"W 42.21' L2 S00'37'35"W 216.45' L10 N46"47'53"W 21.98' L3 S46'03'03"W 10.96' L 11 N00"04' 44"W 262.74' L4 S00'38'36"W 36.83' L12 N01'11 '28':E 90.95' LS S41"52'54"E, 11.57' L13 N35'35'13''W 3.83' L6 S00"37'35"W 157.54' L14 N04'59'02''W 4.13' L7 S89'58'29''W 202.60' L15 N45'37'28"E 24.92' LB N81"44'09"W 128.74' IN NOTES: ,,. 1. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY OR OWNERSHIP OTHER THAN THOSE � INDICATED HEREON WERE PROVIDED TO OR PURSUED BY THE UNDERSIGNED. I 2. PAPER COPIES OF THIS DOCUMENT ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF THE FLORIDALICENSED SURVEYOR AND MAPPER INDICATED BELOW. ELECTRONIC VERSIONS OF THIS DOCUMENT ARE NOT VALID : UNLESS THEY CONTAIN AN ELECTRONIC SIGNATURE AS PROVIDED FOR BY CHAPTER SJ-17.062, FLORIDA ADMINISTRATIVE ; CODE. S 3. BEARINGS SHOWN HEREON ARE' BASED ON THE EAST BOUNDARY OF OF SECTION 17, TOWNSHIP 29 SOUTH� RANGE � 16 EAST, HAVING BEARING OF S.00"37'35"W. ;;.-\,\1,,1111:11,,,,1, ii ;.' '?-'<• \1. F Os ,,, " ,--•�t,:_,::.·{1Fi�·-.;-�";\ Digitally signed !STANTEC CONSULTING SERVICES INC./ ·_.-;._,<:-'' •4;<,'.·.· \ � CERTIFICATE OF AUTHORIZATION No.LB. 7866 � JI ff NO. 5535 \ "'; by Mark H Foster i t l. sTATE oF jf J Date: 2023.02.27� MARK H. FOSTER, PSM "-,,,,�'f,°!:.\?\/���-/ 10:43:56 -05'00'� FLORIDA LICENSE No.L.S.5535 '•,,,,,,,��;.�;,�,;,,,.•·· NOT A SURVEY 21-----,-----.---------------��--------------------.---------1 �1------i SOl.E: N/A ::-N; ,__ _ _, LEAD TECH. -... IJHt ] ,__ _ _, SEC-TVi'P-RGE � C,,qs:.J NO. D>.TE 17-U:iS-RHE () Stantec 1111.E 1 o· UTILl1Y EASEMENT PROJ; CLEARWATER M/F APARTMENTS One Team, Infinite Solutions T77 S. Harbccrlmnd B1v<1, STE 600,Tam;,a, Fl.33602 800.643.4J.36 • e13-223·SSOO. F 81�223-0009. \•,v.,,w.Stantcc.com Staniec Consulting Servfcc!; Inc • Certificate of Authorl:ation L 8 7860 cuoo, DAVIS DEVELOPMENT GROUP, INC. PROJECT NO. 215616947 ltiOEX NO: 215616947-SK01 DATE; I SHEET NO: 2 OF 2 EXHIBIT "B" Exhibit "C" . PINELLAS COUNTY FL ~u.1?E'. 'REC. BK 21781 PG 2618 1.City of Clearwater hereby reserves a utility easement under, over, across andthrough the property described in Exhibit "B" (attached hereto and incorporatedherein), for the installation and maintenance of any and all public utilities. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED OCT O 7 2021 OCT 2 -1 2021 '>. w � Frank Hibbard Mayor Approved as to form: Attest: La�� oJui Cu1_ Assistant City Attorney [RE15-1313-080/275398/1] RElS-1313-080/275398/1 Ord. No. 9507-21 EXHIBIT "C" Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0944 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Authorize an increase on purchase order to Charter Communications dba Spectrum Enterprise (Spectrum) of St. Louis, MO, for cable, internet access and point-to-point data network services in the amount of $31,500.00, from $320,000.00 to $351,500.00, through September 30, 2023; authorize a purchase order to Charter Communications dba Spectrum Enterprise (Spectrum) of St. Louis, MO, for cable, internet access and point-to-point data network services in the not-to-exceed amount of $155,000.00 from October 1, 2023 through September 30, 2024 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(d), Impractical, and authorize the appropriate officials to execute same. (consent) SUMMARY: Spectrum Enterprise provides cable, internet access and point-to-point data connections at approximately 17 locations across the City’s network. This purchase order will be used citywide by multiple departments but will be managed by the Information Technology Department. Of the requested amount, $31,500 is to cover services through September 2023 and $155,000 is for all existing and new Spectrum services citywide from October 1, 2023 through September 30, 2024. Spectrum is one of 5 service providers used to support the City’s network and computer operations. Spectrum is the current provider at these locations and has been a provider for nearly 10 years at most locations. In some locations, Spectrum is the only vendor capable of providing this service. Staff is recommending the standardization of these services at these locations due to the lack of availability from other providers throughout the entire city, to ensure continuity of coverages, and to avoid disruption of services at the existing recreation centers and government facilities. APPROPRIATION CODE AND AMOUNT: Funding for the remainder of the current year is available in the Information Technology operating budget code 5559862-530300, contractual services. Funding for fiscal year 2023/24 was requested in the proposed budget. Page 1 City of Clearwater Printed on 8/15/2023 Spectrum Enterprise v.180530 CONFIDENTIAL Page 1 of 25 ©2016-18 Charter Communications. All Rights Reserved. COMMERCIAL TERMS OF SERVICE These Terms of Service include all Attachments hereto (“Attachment(s)”), and all, and other documents identified hereunder, each of which are incorporated herein by reference. The Attachments further describe Spectrum’s services (each a “Service” or collectively the “Services”) and set forth additional terms and conditions for the applicable Service. Spectrum and Customer may each be referred to as a “Party” or collectively as the “Parties.” Unless specifically set forth in any Attachment, capitalized terms shall have the meanings set forth in this Service Agreement. GENERAL 1. SERVICE AGREEMENT TERM. The Service Agreement shall be effective upon the earlier to occur of (a) the latest date of the signatures of the Parties; or (b) Spectrum’s commencement of performance (the “Effective Date”). The Service Agreement shall remain in effect until the expiration or proper termination of the final existing Service Order entered into under this Service Agreement (the “Term”). 2. SERVICES. Customer shall request Services hereunder by submitting orders in a manner required by Spectrum. Upon Spectrum’s acceptance of a Service Order, as indicated either by: (a) Spectrum’s written acceptance, (b) by Spectrum’s delivery of the Services, or (c) commencement of installation, such Service Order shall be deemed incorporated into the Service Agreement. Spectrum shall provide the Services to Customer at the Service address(es) specified in the applicable Service Order (“Service Location(s)”). 3. ORDER TERM. The “Initial Order Term” is the time period starting on the date the Services are functional in all material respects and available for use (the “Billing Start Date”), and continuing for the period of time specified in the Service Order(s). If no Initial Order Term is specified in a Service Order, the Initial Order Term is twelve (12) months from the Billing Start Date. Upon expiration of the Initial Order Term, the applicable Service Order shall automatically renew for successive one-month terms (each a “Renewal Order Term”, collectively with the Initial Order Term, the “Order Term”), unless either Spectrum or Customer elects to not renew the Service Order by notice provided to the other at least thirty (30) days in advance of the expiration of the then-current Order Term. 4. AVAILABILITY OF FACILITIES. Customer understands that certain Services may not be available in all Spectrum service areas and Spectrum may decline to provide any requested Services. Spectrum’s ability to provide Services depends upon its ability to secure and retain, without unreasonable expense, suitable facilities, and rights to construct and maintain necessary facilities such as pole attachments and conduits to serve the Service Location. Spectrum may decline to accept or terminate a Service Order upon notice to Customer because of (a) the lack of transmission medium, transmission capacity or any other facilities or equipment, (b) the lack of available services from or interconnection with the services or facilities of other providers, or (c) any other cause beyond Spectrum’s control. 5. SERVICE LOCATION ACCESS AND INSTALLATION. (a) Access. Spectrum requires reasonable access to each Service Location at any time throughout the Term as necessary for Spectrum to provide the Services and to review, install, inspect, maintain, repair, or remove any Spectrum-provided cabling, modems, related splitters, routers or other equipment (“Spectrum Equipment”) used to provide the Services. If Customer owns or controls the Service Location(s), Customer hereby grants Spectrum permission to enter the Service Location(s) in order for Spectrum to fulfill its obligations and exercise its rights under the Service Agreement. If a Service Location is not owned or controlled by Customer, Customer will obtain, with Spectrum's reasonable assistance, appropriate right of access. If such right of access for Spectrum is not obtained by either Party, then Spectrum may decline Customer’s request for Services, or terminate or amend the affected Service Order with respect to the Service Location that Spectrum cannot access, without any liability to Customer. (b) Installation Review. Spectrum may perform an installation review of each Service Location prior to installation of the Services to determine serviceability or the need to extend Spectrum’s facilities, fiber optic cable, electronics, or other equipment (collectively, the “Network”) to provide the Services at the Service Location. If during the installation review, Spectrum determines that additional work is required to enable Spectrum to deliver the Services to the Service Location, Spectrum will notify Customer of any additional Service Charges (as defined below) in excess of the amounts previously specified in a quote or Service Order. Upon request, Customer shall provide Spectrum with accurate site and/or physical network diagrams or maps of a Service Location, including electrical and other utility service maps, prior to the installation review. (c) Site Preparation. Customer shall be responsible for necessary preparations at the Service Location(s) for delivery and installation of Spectrum Equipment and the installation and ongoing provision of Services, including the relocation of Customer’s equipment, furniture and furnishings as necessary to access the Spectrum Equipment or Services. In addition, Customer shall provide Spectrum with floor space, rack space, other space and clean power as is reasonably necessary for the installation and operation of Spectrum Equipment at the Service Location(s). Customer shall not charge Spectrum, and shall ensure that Spectrum does not incur, any fees or expenses whatsoever in connection with Customer’s provision of space, power, or access as described herein, or otherwise in connection with Customer’s performance of its obligations pursuant to this section; and any such fees or expenses charged by any other end user accessing or using the Services (“End User”) shall be borne solely by Customer. Any failure or refusal by Customer to be ready to receive Services does not release Customer from its obligation to pay Service Charges for any Service that is otherwise available for Customer’s use. Spectrum Enterprise v.180530 CONFIDENTIAL Page 2 of 25 ©2016-18 Charter Communications. All Rights Reserved. (d) Installation. Spectrum will schedule one or more installation visits with Customer. At the Customer’s request, Spectrum may perform installation or maintenance on weekends or times other than during normal business hours; provided, however, Customer may be assessed reasonable, additional Service Charges based on Spectrum’s actual incurred labor, material or other costs for such non-routine installation or maintenance. Customer’s authorized representative must be present during installation. If Spectrum is unable to install the Service as a result of (i) Customer’s (or any End User’s) failure to deliver any required materials, support or information to Spectrum; (ii) Customer’s (or any End User’s) failure to provide access to a Service Location; or (iii) Spectrum not being able to obtain access to equipment at the Service Location as necessary for installation of the Service, then Customer shall pay Spectrum a Service Charge at Spectrum’s then prevailing rates for any installation trip made by Spectrum and an additional Service Charge for each subsequent trip necessary to perform the Service installation. In addition, if Spectrum’s installation of the Service is delayed as a result of Customer’s actions or inactions as set forth above or if Customer is otherwise refusing or not ready to receive Services, then Spectrum will notify Customer that Spectrum is ready to finalize installation of the Services (the “Ready Notice”) and may begin invoicing Service Charges as set forth in Section 7 upon the earlier of the Billing Start Date or sixty (60) days after the date of the Ready Notice. If during the course of installation Spectrum determines additional work is necessary to enable Spectrum to deliver the Services to the Service Location, Spectrum will notify Customer of any additional Service Charges in excess of the amounts previously specified in a quote or Service Order. If Customer does not agree to pay such Service Charges by executing a revised Service Order within five (5) business days of receiving the same, Customer and Spectrum shall each have the right to terminate the applicable Service Order. Spectrum may act as Customer's agent for ordering access connection facilities provided by other providers or entitles when authorized by Customer to allow connection of a Service Location to the Network. Customer shall perform interconnection of the Services and Spectrum Equipment with any Customer- provided or End User equipment (collectively, “Customer Equipment”), unless otherwise set forth in an Attachment or agreed in writing between the Parties, and shall conform its Customer Equipment and software, and ensure that each End User conforms its equipment and software, to the technical specifications for the Service provided by Spectrum. Spectrum shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from excavation and for those damages directly caused by Spectrum’s faulty workmanship or installation of the Service, provided that the boring of holes or insertion of fasteners through the surface of walls for attachment of peripheral equipment will not be deemed damages but rather part of normal workmanship. If the installation and maintenance of Services at the Service Locations is or becomes, in Spectrum’s sole opinion, hazardous or dangerous to Spectrum’s employees or Network, the public, or property, including without limitation due to the presence of asbestos or other hazardous materials, Spectrum may refuse to install and maintain such Service or stop providing Services until such time as the condition is remedied or an alternative Service Location is designated that is not hazardous or dangerous. Customer shall bear any additional costs incurred by Spectrum arising from any such hazardous or dangerous conditions. 6. EQUIPMENT. (a) Equipment Responsibilities and Safeguards. Spectrum shall use commercially reasonable efforts to maintain and secure the Spectrum Equipment used by Spectrum to provide Services to Customer. Except as otherwise provided in this Service Agreement or any Service Order(s), Customer shall be responsible for the maintenance or repair of any cable, electronics, structures, equipment or materials owned or provided by Customer. Customer shall not, and shall not cause any third party to, move, modify, disturb, alter, remove, relocate to another Service Location, install software not provided by Spectrum, or otherwise tamper with any portion of the Spectrum Equipment without the prior consent of Spectrum. Customer shall be responsible for loss or damage to the Spectrum Equipment while at Customer's or an End User’s facilities. Customer shall also ensure that all Spectrum Equipment at Customer’s and End Users’ Service Location(s) remains free and clear of all liens and encumbrances. (b) Customer Security Responsibilities. Customer shall be responsible for all access to and use of the Service, including whether or not Customer has knowledge of or authorizes such access or use. Customer shall be responsible for the implementation of reasonable security measures and procedures with respect to use of and access to the Service Location, Service, and Spectrum Equipment. Customer shall secure and maintain any and all Customer Equipment, including, but not limited to, Private Branch Exchanges (including other non-Spectrum switches, collectively, “PBXs”), where applicable, and any applications accessible through use of Customer Equipment, and shall be solely responsible for any conduct through and any charges incurred on Customer’s Service account, regardless of whether such activity or charges are authorized by Customer management or involve fraudulent activity until such time as Customer informs Spectrum of any fraudulent or unauthorized access. Without limiting Customer’s responsibilities, Spectrum has the right to implement reasonable measures to track, manage, and secure the connection between any Customer Equipment or applications used by Customer, End Users, or any third party who accesses the Customer Equipment and the Spectrum Network, including without limitation authentication or other security access procedures. Spectrum may suspend any affected Services if Spectrum discovers or becomes aware of any breach or compromise of the security of any Customer Equipment, Service, Service Location, Spectrum Equipment, or connection to the Spectrum Network. (c) Equipment Return, Retrieval, Repair and Replacement. Immediately upon termination of this Service Agreement or Service Order(s) (“Termination”): (i) at the discretion of Spectrum, Customer shall return, or allow Spectrum to retrieve, the Spectrum Equipment in the condition in which the Spectrum Equipment was received, subject to ordinary wear and tear; and (ii) promptly cease all use of and return, if applicable, to Spectrum any software or software services provided by Spectrum (“Software”). Failure of Customer to return or allow Spectrum to retrieve the Spectrum Equipment within fifteen (15) days after Services are terminated will result in a charge to Customer’s account equal to either Spectrum’s applicable unreturned equipment charge or the retail cost of replacement of the unreturned Spectrum Equipment. If applicable, Customer shall pay for the repair or replacement of any damaged Spectrum Equipment, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material or Spectrum Enterprise v.180530 CONFIDENTIAL Page 3 of 25 ©2016-18 Charter Communications. All Rights Reserved. workmanship defects, together with any costs incurred by Spectrum in obtaining or attempting to regain possession of Spectrum Equipment. 7. STANDARD PAYMENT TERMS. Customer shall pay recurring and non-recurring charges, taxes, and fees for the Services in the amount specified on the Service Order and other applicable charges as described in this Service Agreement (collectively, “Service Charges”). (a) Charges. Spectrum invoices for monthly recurring charges specific to the Service(s) (“MRCs”), plus applicable taxes, fees, and surcharges, in advance on a monthly basis. Spectrum invoices for non-recurring, one-time charges (“OTCs”) for construction or installation charges after the Billing Start Date or as specified in the Service Order. All other charges, including usage-based charges (e.g., phone usage, pay-per view charges), will be invoiced monthly in arrears. Service Charges are payable within thirty (30) days after the date appearing on the invoice. If Spectrum fails to present a Service Charge in a timely manner, such failure shall not constitute a waiver of the charges for the Services to which it relates, and Customer shall be responsible for and pay such Service Charges when invoiced in accordance with these payment terms. Spectrum shall have the right to increase MRCs for each Service after the Initial Order Term for such Service upon thirty (30) days’ notice to Customer. (b) Taxes, Surcharges, and Fees. Customer shall pay all applicable taxes, fees, or surcharges imposed on or in connection with the Services that are the subject of this Service Agreement, including but not limited to applicable federal, state, and local sales, use, property, excise, telecommunications, or other taxes, franchise fees, federal and state universal service fund fees, and other state or local governmental charges or regulatory fees, excluding income taxes measured on Spectrum’s net income. If a Customer wishes to claim tax-exempt status, then Customer must supply Spectrum with a copy of Customer’s tax exemption certificate or other documentation supporting Customer’s certification of its entitlement to such exempt status within fifteen (15) days of installation of applicable Services. If Customer supplies such documentation after that time, Spectrum will apply it to Customer’s account on a prospective basis, allowing Spectrum at least thirty (30) days for processing. To the extent such documentation is held invalid for any reason, Customer agrees to pay or reimburse Spectrum for any tax or fee not collected or liability incurred, including without limitation related interest and penalties arising from Spectrum’s reliance on such invalid certificate or documentation. Customer hereby consents that Spectrum may disclose such written documentation, which may include a tax exemption form, to any governmental authority. Tax-exempt status shall not relieve Customer of its obligation to pay applicable franchise fees or other non-tax fees and surcharges since the application of such fees and surcharges may not be governed by the tax standing of Customer. Spectrum reserves the right, from time to time, to change the surcharges for Services under this Service Agreement to reflect incurred costs, charges, or obligations imposed on Spectrum to the extent permitted, required, or otherwise not prohibited under applicable law (e.g., universal service fund charges). Furthermore, Spectrum shall have the right to collect or recover from Customer the amount of any state or local fees or taxes arising as a result of this Service Agreement, which are imposed on Spectrum or its services, or otherwise assessed or calculated based on Spectrum’s receipts from Customer that Spectrum is entitled under applicable law to pass through to or otherwise charge Customer for Customer’s use or receipt of the Services. Such fees or taxes shall be invoiced to Customer in the form of a surcharge included on Customer’s invoice. To the extent that a dispute arises under this Service Agreement as to which Party is liable for fees or taxes, Customer shall bear the burden of proof in showing that the fee or tax is imposed upon Spectrum’s net income. This burden may be satisfied by Customer producing written documentation from the jurisdiction imposing the fee or tax indicating that the fee or tax is based on Spectrum’s net income. Customer acknowledges that currently, and from time to time, there is uncertainty about the taxability or regulatory classification of some of the Services Spectrum provides and, consequently, uncertainty about what fees, taxes and surcharges are due to or from Spectrum or from its customers. Customer agrees that Spectrum has the right to determine, in its sole discretion, what fees, taxes and surcharges are due and to collect and remit them to the relevant governmental authorities, or to pay and pass them through to Customer. Customer hereby waives any claims it may have regarding Spectrum’s collection or remittance of such fees, taxes, and surcharges. (c) Change Requests. Any charges associated with Service and Spectrum Equipment or Customer Equipment installations, changes, or additions requested by Customer subsequent to executing a Service Order for the applicable Service Location are the sole financial responsibility of Customer. Spectrum shall notify Customer of any additional OTCs and/or adjustments to MRCs associated with or applicable to such Customer change requests prior to making any such change. Customer’s failure to accept such additional charges within five (5) business days of receiving such notice shall be deemed a rejection by Customer, and Spectrum shall not be liable to perform any work giving rise to such charges. For accepted charges, Customer shall be assessed such additional OTCs and/or adjustments of the MRCs either (i) in advance of implementation of the change request or (ii) beginning on Customer’s next and/or subsequent invoice(s). (d) Site Visits and Repairs. If Spectrum visits a Service Location to either inspect the Services or respond to a service request, and Spectrum reasonably determines that the cause of the service issue is not due to a problem arising from Spectrum’s Network or Spectrum Equipment, but rather is due to Customer misuse, abuse, or modification of the Services, Customer Equipment or facilities, or due to similar acts by a third party not under Spectrum’s control or direction, then Spectrum may invoice Customer at Spectrum’s then-prevailing commercial rates for an on-site visit, plus any charges for Spectrum Equipment repair or replacement as a result of Customer or third party damage that may be necessary. (e) Invoicing Disputes; Late and Collection Fees. Customer must provide notice to Spectrum of any disputed charges within sixty (60) days of the invoice date on which the disputed charges appear for Customer to receive any credit that may be due. Customer must have and present a reasonable basis for disputing any amount charged. Undisputed amounts not paid within thirty (30) days of the invoice date shall be past due and subject to a late fee up to the lesser of 1.5% of the MRC per month or the maximum amount permitted by law. If Services are suspended due to late payment, Spectrum may require that Customer pay all past due charges, a Spectrum Enterprise v.180530 CONFIDENTIAL Page 4 of 25 ©2016-18 Charter Communications. All Rights Reserved. reconnect fee, and one or more MRCs in advance before reconnecting Services. Spectrum may charge a reasonable service fee for all returned checks and bank card, credit card or other charge card charge-backs. Customer shall be responsible for all expenses, including reasonable attorney fees and collection costs, incurred by Spectrum in collecting any unpaid amounts due under this Service Agreement. (f) Credit Verification. Spectrum shall have the right to verify Customer’s credit standing at any time. Additionally, Spectrum may at any time require Customer to make a deposit and/or advance payment. The deposit requested will be in cash, the equivalent of cash, or a bank, credit card or account debit authorization and does not relieve Customer of the responsibility for the prompt payment of invoices when due. Spectrum may deduct amounts from the deposit, bill any bank or credit card provided, or utilize any other means of payment available to Spectrum, for past due amounts. (g) Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one Spectrum Service (“Bundle”), then the following conditions shall apply: i. In consideration for Customer’s purchase of all Services in the Bundle, and only with respect to that period of time during which Customer continues to purchase the specific Services in such Bundle and during which such Bundle is in effect, the correlating discount to the Services in such Bundle, ordered pursuant to the Spectrum program governing such Bundle, will be reflected in the MRC for the respective Services. ii. Upon Termination by Customer, for any reason other than a Spectrum Default, of any Service component of the applicable Bundle, the pricing for the remaining Service(s) shall revert to Spectrum’s unbundled pricing for such Service(s) in effect at the time of Termination. Termination liability applicable to the Services under this Service Agreement shall otherwise remain unchanged. 8. ADMINISTRATIVE WEB SITE. Spectrum may, at its sole option, make one or more administrative web sites, including without limitation www.spectrum.net, available to Customer in connection with Customer’s use of the Services (each an “Administrative Web Site”). Spectrum may furnish Customer with one or more user identifications and/or passwords for use on the Administrative Web Site and Customer must promptly change any Spectrum-provided user identifications and passwords to a secure, Customer-designated user identification and password. Customer shall be responsible for the confidentiality and use of such user identifications and passwords, whether provided by Spectrum or designated by Customer, and any equipment or devices used to access any Administrative Web Site, and shall immediately notify Spectrum if there has been an unauthorized release, use, or other compromise of any user identification or password. In addition, Customer agrees that its authorized users shall keep confidential and not distribute any information or other materials made available by the Administrative Web Site. Customer shall be solely responsible for all use of the Administrative Web Site. Spectrum shall not be liable for any loss, cost, expense, or other liability arising out of any Customer use of the Administrative Web Site. Spectrum may change or discontinue the Administrative Web Site, or Customer’s right to use the Administrative Web Site, at any time. Any additional terms and policies applicable to Customer’s use of the Administrative Web Site will be posted on the site. 9. SUPPORT. Spectrum shall provide contact information for inquiries and remote problem support for the Services. All such Customer support shall be provided only to Customer’s designated personnel or as mutually agreed upon by Spectrum and Customer. Customer is responsible for all communications and support for its End Users. Customer shall provide routine operational support for Spectrum Equipment located at a Service Location, including without limitation, by performing reboots as requested by Spectrum. Customer is responsible for the installation, repair and use of Customer Equipment, including without limitation, Customer-supplied third-party hardware or software for the use of Spectrum Service or third-party services. Spectrum does not support third-party hardware or software used in conjunction with third-party services or supplied by Customer. Any questions concerning third-party hardware or software should be directed to the provider of that product. Spectrum assumes no liability or responsibility for the installation, maintenance, compatibility or performance of third-party software, or any Customer Equipment or Customer-supplied software with the Services. If such third-party equipment or software impairs the Services, Customer shall continue to pay all applicable Service Charges. If, at Customer’s request, Spectrum should attempt to resolve difficulties caused by such third- party equipment or software, such efforts shall be performed at Spectrum’s discretion and subject to Service Charges as set forth in Section 7(d). 10. CUSTOMER REPRESENTATIONS AND OBLIGATIONS (a) Representations. Customer represents and warrants to Spectrum that: (i) Customer has the authority to execute, deliver and carry out the terms of this Service Agreement, and (ii) its End Users and any person who accesses any Services at the Service Location, will use the Service and Network for Customer’s internal business purposes and will comply with the terms of this Service Agreement. (b) No Reselling. Customer shall not re-sell or re-distribute (whether for a fee or otherwise) access to the Service(s) or system capacity, or any part thereof, in any manner other than for Customer’s internal business without the express prior consent of Spectrum, including without limitation, any use to provide services for the benefit of, or on behalf of, any third party other than Customer or its End Users. (c) No Illegal Purpose or Unauthorized Access. Customer shall not use or permit End Users or third parties to use the Service(s), including the Spectrum Equipment and Software, for any illegal purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent protected material. (d) No Interference. Customer shall not interfere with or cause technical difficulties for other customers’ use of equipment or Services or interfere with or disrupt the Spectrum Network, backbone, nodes or other Services. Customer shall not install any equipment, including without limitation, any antenna or signal amplification system, at the Service Location that interferes with the Services. Spectrum Enterprise v.180530 CONFIDENTIAL Page 5 of 25 ©2016-18 Charter Communications. All Rights Reserved. (e) Applicable Laws. With respect to Customer’s and End Users’ use of the Service (including the transmission or use of any content via the Service), Customer shall comply, and shall ensure that its End Users comply, with all applicable laws and regulations in addition to the terms of this Service Agreement. Spectrum shall have the right to audit Customer's use of the Service remotely or otherwise, to ensure compliance with this Service Agreement. (f) Acceptable Use. As between the Parties, Customer is solely responsible for (i) all use (whether or not authorized) of the Service by Customer, any End User or any unauthorized person or entity, which use shall be deemed Customer’s use for purposes of this Service Agreement, (ii) all content that is viewed, stored or transmitted via the Service, as applicable, and (iii) all third-party charges incurred for merchandise and services accessed via the Service, if any. Customer shall not use, or allow the Services to be used, in any manner that would violate the applicable Spectrum Acceptable Use Policies or that would cause, or be likely to cause, Spectrum to qualify as a “Covered 911 Service Provider” as defined in 47 C.F.R. §12.4 or any successor provision of the rules of the Federal Communication Commission. For avoidance of doubt, Customer and Spectrum agree that any failure to satisfy the covenants set forth in the preceding sentence shall constitute a material breach of the Service Agreement. 11. PERFORMANCE. Unless otherwise set forth in an Attachment or service level agreement, Spectrum will use commercially reasonable efforts to provide the Services to Customer twenty-four (24) hours per day, seven (7) days per week. It is possible, however, that there will be interruptions of Service. The Service may be unavailable from time-to-time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond Spectrum’s reasonable control. Temporary service interruptions or outages for such reasons, as well as service interruptions or outages caused by Customer, its agents and employees, or by a Force Majeure Event, shall not constitute a failure by Spectrum to perform its obligations under this Service Agreement. 12. MONITORING, EQUIPMENT UPGRADES AND NETWORK MODIFICATIONS. Spectrum has the right, but not the obligation, to upgrade, modify, and enhance the Spectrum Network and the Service and take any action that Spectrum deems appropriate to protect or improve the Service and its facilities. Spectrum shall have the right, but not the obligation, to monitor, record, and maintain oral communications with Customer regarding Customer’s account or Services for the purpose of service quality assurance, or as permitted under applicable law. 13. DEFAULT, SUSPENSION OF SERVICE, AND TERMINATION. (a) Default. A Party shall be in default under this Service Agreement if it has failed to comply with the terms of this Service Agreement or any of all of the applicable Service Orders, including without limitation the obligation to pay any amounts due, and such Party fails to correct each such noncompliance within thirty (30) days of receipt of notice from the non-defaulting Party describing in reasonable detail the default or noncompliance (“Default”). (b) Mutual Termination Rights. Either Party may terminate this Service Agreement or a Service Order if: (i) the other Party is in Default; (ii) the other Party liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its debts, initiates any proceeding seeking general protection from its creditors, or is removed or delisted from a trading exchange; or (iii) after entering into such Service Order, Spectrum learns that the costs to deliver the Services to the Service Location shall require a material increase in the Service Charges and Customer does not agree to pay such additional Service Charges by executing a revised Service Order. (c) Termination for Convenience by Customer. Notwithstanding any other term or provision in this Service Agreement, Customer may terminate a Service Order, or this Service Agreement, at any time upon thirty (30) days prior notice to Spectrum, subject to payment of all outstanding amounts due, payment of any applicable Termination Charges (as defined below), and the return of any Spectrum Equipment. (d) Spectrum’s Right to Suspend. Spectrum shall have the right, at its option, without prior notice, and in addition to any other rights of Spectrum expressly set forth in this Service Agreement and any other remedies it may have under applicable law to suspend Services if Customer fails to comply with any applicable laws or regulations or this Service Agreement, or if Customer or its End Users’ use of the Service is determined by Spectrum, in its sole discretion, to result in a material degradation of the Spectrum Network until Customer remedies any such noncompliance or degradation. Any suspension shall not affect Customer’s on-going obligation to pay Spectrum any amounts due under this Service Agreement. If Spectrum suspends any Service, Spectrum may require the payment of reconnect or other charges before restarting the suspended Service. (e) Termination Charges. Upon Termination, Customer must pay all Services Charges then due for Services provided through the effective date of Termination. In addition, if Termination is due to Customer Default or for Customer’s convenience, Customer must pay Spectrum a termination charge (a “Termination Charge”), which the Parties recognize as liquidated damages and not as a penalty. This Termination Charge shall be equal to 100% of the unpaid balance of all Service Charges that would have been due throughout the applicable Order Term, including, without limitation, the outstanding balance of any and all unpaid OTCs. The foregoing terms will also apply to any partial Termination impacting one or more Service Orders, but not the entire Service Agreement. (f) Survival. The provisions of sections 6(c), 7(b), 7(e), 13(e), 13(f), 14, 15, 18-22 and the Attachments shall survive the termination or expiration of the Service Agreement. 14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. (a) DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND SPECTRUM EQUIPMENT, AND USES THE SAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER’S EQUIPMENT AND CUSTOMER’S NETWORK. SPECTRUM EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND SPECTRUM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT. EXCEPT AS SPECIFICALLY SET Spectrum Enterprise v.180530 CONFIDENTIAL Page 6 of 25 ©2016-18 Charter Communications. All Rights Reserved. FORTH IN THIS SERVICE AGREEMENT, THE SERVICE, SPECTRUM EQUIPMENT, AND ANY SPECTRUM MATERIALS ARE PROVIDED “AS IS, WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY SPECTRUM, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. SPECTRUM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR WITHOUT LOSS OF CONTENT, DATA OR INFORMATION, OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE SERVICE AGREEMENT, SPECTRUM DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY SPECTRUM WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR ANY END USER’S EQUIPMENT OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER’S OR ANY END USER’S USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS SERVICE AGREEMENT, AND SPECTRUM DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS SERVICE AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT. (b) LIMITATION OF LIABILITY. WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS SERVICE AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, ANY END USER, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS SERVICE AGREEMENT OR THE PROVISION OF SERVICES, INCLUDING ANY SERVICE IMPLEMENTATION DELAYS OR FAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS SERVICE AGREEMENT. SPECTRUM’S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO ANY SERVICE ORDER SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO SPECTRUM FOR THE APPLICABLE SERVICE ORDER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SPECTRUM SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR ANY OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES OR SERVICES. 15. INDEMNIFICATION. Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless Spectrum, its affiliates, service providers, and suppliers, and their directors, employees, representatives, officers and agents (the “Indemnified Parties”) against any and all third party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by Indemnified Parties, to the full extent that such arise from or relate to any one or more of the following: (a) Customer’s use or misuse of the Service, (b) Customer’s failure to comply with any applicable law, order, rule, regulation or ordinance or this Service Agreement, (c) personal injury or tangible property damage caused by Customer’s or its employees’ or agents’ negligence or willful misconduct. Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim. 16. COMPLIANCE WITH LAWS. As between the Parties, Spectrum shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Spectrum’s operation and provision of the Services as contemplated in the Service Agreement, and Customer shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Customer’s use of the Services as contemplated in the Service Agreement. Unless specified otherwise in the Service Agreement, each Party shall give all notices, pay all fees and comply with all applicable laws, ordinances, rules and regulations relating to its performance obligations specified in the Service Agreement. The Service Agreement is subject to all applicable federal, state or local laws and regulations in effect in the relevant jurisdiction(s) in which Spectrum provides the Services. If any provision of the Service Agreement contravenes or is in conflict with any such law or regulation, then the terms of such law or regulation shall take priority over the relevant provision of the Service Agreement. If the relevant law or regulation applies to some but not all of the Services being provided under the Service Agreement, then such law or regulation shall take priority over the relevant provision of the Service Agreement only for purposes of those Services to which the law or regulation applies. Except as explicitly stated in the Service Agreement, nothing contained in the Service Agreement shall constitute a waiver by Spectrum of any rights under applicable laws or regulations pertaining to the installation, construction, operation, maintenance or removal of the Services, facilities or equipment. Spectrum Enterprise v.180530 CONFIDENTIAL Page 7 of 25 ©2016-18 Charter Communications. All Rights Reserved. 17. REGULATORY CHANGES. In the event of any change in applicable law, regulation, decision, rule or order, including without limitation any new application of or increase in any government- or quasi-government-imposed fees or charges that increases the costs or other terms of Spectrum’s delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable to any facilities used by Spectrum in providing the Service, Customer acknowledges and agrees that Spectrum may pass through to Customer any such increased fees or costs, but only to the extent of the actual increase. Spectrum shall use commercially reasonable efforts to notify Customer at least thirty (30) days in advance of the increase. In such case, and if such increase materially increases the Service Charges payable by Customer under the Service Agreement for the applicable Service, Customer may, within thirty (30) days after notification of such increase, terminate the affected Service without an obligation to pay Termination Charges, provided Customer notifies Spectrum at least thirty (30) days in advance of Customer’s requested termination date. Further, in the event that Spectrum is required to file tariffs, rate schedules, or price guides with a regulatory agency or otherwise publish or make generally available its rates in accordance with regulatory agency rules or policies respecting the delivery of the Service or any portion thereof, then the terms set forth in the applicable tariff, rate schedule, or price guide shall govern Spectrum’s delivery of, and Customer’s use or consumption of the Service. In addition, if Spectrum determines that offering or providing the Service, or any part thereof, has become impracticable for legal or regulatory reasons or circumstances, then Spectrum may terminate the Service Agreement and any affected Service Orders without liability, by giving Customer thirty (30) days prior notice or any such notice as is required by law or regulation applicable to such determination. 18. ARBITRATION. This Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customer in the event of a dispute. Subject to the “Exclusions” paragraph below, Spectrum and Customer agree to arbitrate disputes and claims arising out of or relating to this Service Agreement, the Services, the Spectrum Equipment, Network, or marketing of the Services. Notwithstanding the foregoing, either Party may bring an individual action on any matter or subject in small claims court. The arbitrator of any dispute or claim brought under or in connection with this Service Agreement shall not have the power to award injunctive relief, which may only be sought in an appropriate court of law. No claim subject to arbitration under this Service Agreement may be combined with a claim subject to resolution before a court of law. THIS SERVICE AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS. (a) A Party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Spectrum should be addressed to: VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131 (“Arbitration Notice Address”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If the Parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, Customer or Spectrum may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of this Service Agreement. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Service Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. (b) EACH PARTY SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES THAT SUCH PARTY INCURS INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW. If the arbitrator’s award exceeds $75,000, either Party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within thirty (30) days after the date of entry of the arbitration award. The appealing Party must provide the other Party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within one hundred twenty (120) days of the date of the appealing Party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The Parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules. Unless Spectrum and Customer agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the Borough of Manhattan, City of New York. (c) CUSTOMER AGREES THAT, BY ENTERING INTO THIS SERVICE AGREEMENT, CUSTOMER AND SPECTRUM ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY. CUSTOMER AND SPECTRUM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN CUSTOMER’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, unless both Customer and Spectrum agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue. (d) Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from this Service Agreement, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein. (e) EXCLUSIONS. CUSTOMER AND SPECTRUM AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION: Spectrum Enterprise v.180530 CONFIDENTIAL Page 8 of 25 ©2016-18 Charter Communications. All Rights Reserved. i. ANY INDIVIDUAL ACTION BROUGHT BY CUSTOMER OR BY SPECTRUM ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS. ii. ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS. iii. ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE. 19. PROPRIETARY RIGHTS AND CONFIDENTIALITY. (a) Spectrum’s Proprietary Rights. All materials including, but not limited to, any Spectrum Equipment (including related firmware), software, data and information provided by Spectrum, any identifiers or passwords used to access the Service or otherwise provided by Spectrum, and any know-how, methodologies or processes including, but not limited to, all copyrights, trademarks, patents, trade secrets, any other proprietary rights inherent therein and appurtenant thereto, used by Spectrum to provide the Service (collectively “Spectrum Materials”) shall remain the sole and exclusive property of Spectrum or its suppliers and shall not become a fixture to the Service Location. Customer shall acquire no title to, interest or right (including intellectual property rights) in the Spectrum Materials by virtue of the payments provided for herein other than the limited, non-exclusive, and non-transferable license to use the Spectrum Materials solely for Customer's use of the Service. Customer may not disassemble, decompile, reverse engineer, reproduce, modify, or distribute the Spectrum Materials, in whole or in part, or use them for the benefit of any third party. Customer shall not cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Services. All rights in the Spectrum Materials not expressly granted to Customer herein are reserved to Spectrum or its suppliers. Customer shall not open, alter, misuse, tamper with, or remove the Spectrum Equipment or Spectrum Materials as and where installed by Spectrum, and shall not remove any markings or labels from the Spectrum Equipment or Spectrum Materials indicating Spectrum (or its suppliers) ownership or serial numbers. (b) Confidentiality. Customer agrees to maintain in confidence, and not to disclose to third parties or use, except for such use as is expressly permitted herein, the Spectrum Materials and any other information and materials provided by Spectrum in connection with this Service Agreement, including but not limited to the contents of this Service Agreement and any Service Orders. Customer may not issue a press release, public announcement or other public statements regarding the Service Agreement without Spectrum’s prior consent. (c) Software. If Software is provided to Customer hereunder, Spectrum grants Customer a limited, non-exclusive, and non-transferable license to use such Software, in object code form only, for the sole and limited purpose of using the Services for Customer’s internal business purposes during the Term. Customer shall not copy, reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any Software. Upon termination of a Service Order, the license to use any Software provided by Spectrum to Customer in connection with the Services provided under the Service Order shall terminate and Customer shall destroy any copies of the Software provided to Customer. 20. PRIVACY. Spectrum also maintains a Privacy Policy with respect to the Services in order to protect the privacy of its customers. The Privacy Policy may be found on Spectrum’s website at http://enterprise.spectrum.com/. The Privacy Policy may be updated or modified from time-to-time by Spectrum, with or without notice to Customer. Customer’s privacy interests, including Customer’s ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Telecommunications Act , the Federal Cable Communications Act, the Electronic Communications Privacy Act, and, to the extent applicable, state laws and regulations. Customer proprietary network information and personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in an Attachment, the Privacy Policy, and, if applicable, in Spectrum’s tariff, which are incorporated into, and made a part of, this Service Agreement by this reference. In addition to the foregoing, Customer hereby acknowledges and agrees that Spectrum may disclose Customer's and its employees' personally identifiable information as required by law or regulation, or the American Registry for Internet Numbers or any similar agency, or in accordance with the Privacy Policy or, if applicable, tariff(s). In addition, Spectrum shall have the right (except where prohibited by law), but not the obligation, to disclose any information to protect its rights, property or operations, or where circumstances suggest that individual or public safety is in peril. 21. NOTICES. Any notices or consents to be given under this Service Agreement shall be validly given or served only if in writing and sent by nationally recognized overnight delivery service or certified mail, return receipt requested, to the following addresses: If to Spectrum: Charter Communications Operating, LLC ATTN: Commercial Contracts Management Corporate - Legal Operations 12405 Powerscourt Drive St. Louis, MO 63131 Notices to Customer shall be sent to the Customer billing address or as set forth in the Service Agreement. Each Party may change its respective address(es) for legal notice by providing notice to the other Party. Upon Spectrum’s request, Customer will also provide Spectrum with a current email address that Customer regularly checks so that Spectrum may provide copies of notices and other communications to Customer by email. 22. MISCELLANEOUS. (a) Entire Agreement. This Service Agreement, including without limitation all Attachments, incorporated documents and any executed Service Orders constitute the entire agreement and understanding between the Parties with respect to the subject matter hereof. This Spectrum Enterprise v.180530 CONFIDENTIAL Page 9 of 25 ©2016-18 Charter Communications. All Rights Reserved. Service Agreement supersedes all prior understandings, promises, and undertakings, if any, made orally or in writing by or on behalf of the Parties with respect to the subject matter of this Service Agreement, including without limitation any prior confidentiality or non-disclosure agreement between the Parties regarding the purchase and sale of Spectrum Services. Spectrum may change or modify the Terms of Service at any time by posting revised Terms of Service to the Spectrum website at https://enterprise.spectrum.com/ or such other URL as Spectrum may specify from time to time (the “Spectrum Website”). The revisions to the Terms of Service are effective upon posting to the Spectrum Website. Customer may receive notice of any revisions to the Terms of Service by email or in the next applicable invoice. Customer shall have thirty (30) calendar days from the date of the notice to provide Spectrum with written notice that the revisions to the Terms of Service materially and adversely affect Customer’s use of the Services. If after notice Spectrum is able to verify such material adverse effect, but is unable to reasonably mitigate the impact on such Services, then Customer may terminate the impacted Services and Service Order(s) without further obligation to Spectrum beyond the termination date, including Termination Charges, if any, as its sole and exclusive remedy. Customer should also consult Spectrum’s website https://enterprise.spectrum.com/ to be sure Customer is aware of Spectrum’s Acceptable Use Policies, Network Management Practices, applicable tariffs and price guides, and other policies or practices that are applicable to Customer’s use of the Services (collectively “Policies”). Customer’s use of the Services shall be deemed acknowledgment that Customer has read and agreed to Spectrum’s Policies as a part of this Service Agreement. (b) Signatures; Electronic Transactions. This Service Agreement may be executed in one or more counterparts, each of which is an original, but together constituting one and the same instrument. Execution of a facsimile or other electronic copy will have the same force and effect as execution of an original, and a facsimile or electronic signature will be deemed an original and valid signature. The Parties agree to conduct business using electronic means including using electronic records and electronic signatures, except as provided with respect to notices in Section 21. (c) Order of Precedence. Each Service shall be provisioned pursuant to the terms and conditions of this Service Agreement. In the event that Spectrum permits Customer to use its own standard purchase order form to order the Service, the Parties hereby acknowledge and agree that the terms and conditions hereof shall prevail notwithstanding any variance with the terms and conditions of any purchase order submitted by Customer, and any different or additional terms contained in such purchase order shall have no force or effect. To the extent that the terms of the Service Agreement or any Service Order are inconsistent with the terms of any applicable tariff, the tariff shall control. To the extent that the terms of any Service Order are inconsistent with the terms of these Terms of Service, the Terms of Service shall control, excluding pricing discounts, nonrecurring fees, or order fulfillment timing terms to the extent permissible under applicable law set forth in the Service Order that shall control. (d) No Assignment or Transfer. Customer may not assign or transfer (directly or indirectly by any means, including by operation of law or otherwise) this Service Agreement and the associated Service Order(s), or their rights or obligations hereunder to any other entity without first obtaining consent from Spectrum, and any assignment or transfer in violation of this Section shall be null and void. Spectrum may assign its rights and obligations under this Service Agreement, in whole or in part, and any Service Order(s) to affiliates controlling, controlled by or under common control with Spectrum, or to its successor-in-interest if Spectrum sells some or all of the underlying communications system(s) without the prior approval of or notice to Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of Spectrum in the Service Agreement may accrue to, or be fulfilled by, any affiliate, as well as by Spectrum or its subcontractors. (e) Severability. If any term, covenant, condition or portion of this Service Agreement shall, to any extent, is held to be invalid or unenforceable, the remainder of this Service Agreement shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law as nearly as possible to reflect the original intentions of the Parties. (f) Force Majeure. Notwithstanding anything to the contrary in the Service Agreement, neither Party shall be liable to the other for any delay, inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or indirectly caused by circumstances beyond such Party’s control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts, weather, fire, flood, natural causes, mechanical or power failures, fiber cuts, governmental acts or any order, law or ordinance in any way restricting the operation of the Services (each a “Force Majeure Event”). Changes in economic, business, or competitive conditions shall not be considered a Force Majeure Event. (g) Governing Law; Claims Limitation; Waiver of Jury Trial. The law of the state of New York shall govern the construction, interpretation, and performance of this Service Agreement, except that any conflicts-of-law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded). Any legal action brought under or in connection with the subject matter of the Service Agreement shall be brought only in the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York. Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of the Service Agreement in any other court or forum. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of the Service Agreement in the Federal or state courts sitting in the Borough of Manhattan, City of New York, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum. Any claim that Customer wishes to assert under the Service Agreement must be initiated not later than one (1) year after the claim arose. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATING TO THIS SERVICE AGREEMENT, ITS NEGOTIATION, ENFORCEABILITY OR VALIDITY, OR THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND SPECTRUM EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY. (h) No Third Party Beneficiaries. The terms of this Service Agreement and the Parties’ respective performance of obligations as described are not intended to benefit any person or entity not a Party to this Service Agreement, and the consideration provided by each Party Spectrum Enterprise v.180530 CONFIDENTIAL Page 10 of 25 ©2016-18 Charter Communications. All Rights Reserved. hereunder only runs to the respective Parties, and that no person or entity not a Party to this Service Agreement shall have any rights hereunder nor the right to require performance of obligations by either of the Parties. (i) Waiver. Except as otherwise provided herein, the failure of Spectrum to enforce any provision of this Service Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. To be legally binding on Spectrum, any waiver must be in writing. (j) Remedies Cumulative and Nonexclusive. Unless stated otherwise herein, all rights and remedies of the Parties under this Service Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other rights or remedies available to the Parties whether provided by law, in equity, by statute or otherwise. The exercise of any right or remedy does not preclude the exercise of any other rights or remedies. Spectrum Enterprise v.180530 CONFIDENTIAL Page 11 of 25 ©2016-18 Charter Communications. All Rights Reserved. Attachment A Spectrum Business TV and Enterprise TV Service (collectively, “TV Service”) Spectrum Business TV Service: Spectrum Business TV Service includes television programming services, including the package of channels and music programming as designated in a Service Order. Customer must notify Spectrum if Customer’s use of the Service will be for private or public viewing. If specified in the Service Order, Spectrum will provide to private-view Customers premium programming such as HBO, Showtime, TMC, Cinemax, STARZ, Encore, or Epix, or Customer premise equipment such as DVRs (collectively, “Premium Services”). Spectrum Enterprise TV Service: Spectrum Enterprise shall provide the customized multi-channel video programming service (“Enterprise TV Service”) to Customer’s Service Location(s) identified in a Service Order. Enterprise TV Service includes Government TV, Healthcare TV, Hospitality TV, and Education/University TV. Enterprise TV Service includes the channel line-up and those premium and other pay-per-view, video-on-demand, or any visual content as mutually agreed upon in the Service Order. If specified in the Service Order, Spectrum will provide Premium Services to Customer. 1. Music Programming. Customer is responsible for and must secure any music rights and/or pay applicable fees required by the American Society of Composers, Authors & Publishers, Broadcast Music, Inc., and SESAC, Inc. or their respective successors, and any other entity, person or governmental authority from which a license is necessary or appropriate relating to Customer's transmission, retransmission, communication, distribution, performance or other use of the Services. Customer shall not, and shall not authorize or permit any other person to, do any of the following unless Customer has obtained a then-current music license permitting such activity: (i) charge a cover charge or admission fee to any Service Location(s) at the time the TV Service is being displayed or are to be displayed; or (ii) permit dancing, skating or other similar forms of entertainment or physical activity in conjunction with the performance of the TV Service. 2. Spectrum Equipment. Spectrum owns and shall at all times have the exclusive right to access, control, maintain, upgrade, use and operate its TV Service, Network, and Spectrum Equipment, except for (i) any video display terminals (“Connections”) or inside wiring owned and maintained by Customer or a third party, and (ii) any conduit, risers, raceways or other spaces where the Network or Spectrum Equipment is located that are owned by Customer or a third party, in which case (as between Customer and Spectrum) Customer shall own such items and Customer hereby grants to Spectrum the non-exclusive right to access and use such space during the Order Term as provided in the Service Agreement. The inside wiring and Connections shall be provided and installed by Customer, at its sole expense, in consultation with Spectrum and any specifications provided by Spectrum to Customer in writing. Spectrum shall not be responsible for an outage that may be due to a fault or failure with respect to any inside wiring, Connections or any systems, equipment or facilities of Customer or any third party, including but not limited to, instances where such outage is due to the Customer’s failure to promptly provide Spectrum with access to the Service Location to inspect, monitor, repair, and/or replace the TV Service or Spectrum Equipment. If changes in technology require the use of specialized equipment to continue to receive Spectrum Business TV Service, Spectrum shall provide such Spectrum Equipment, and Customer shall pay for such Spectrum Equipment at the same rate charged by Spectrum to commercial customers in the same service area as the Service Location. 3. Provision of Service. Spectrum may, in its discretion, preempt, rearrange, delete, add, discontinue, modify or otherwise change any or all of the advertised programming comprising, packaging of, channel line-ups applicable to, and/or distribution of its TV Service. Spectrum may make certain TV Service available via mobile applications or third party hardware to Customer and its End Users, which may be subject to additional terms and conditions. 4. Restrictions. Customer shall take all necessary precautions to ensure that the TV Service is received only by authorized parties, and that no part of the TV Service is received at any other location, including but not limited to locations where an admission fee, cover charge, minimum or like sum is charged. Customer shall not and shall not authorize or permit any other person to (i) copy, record, dub, duplicate, alter, make or manufacture any recordings or other reproductions of the TV Service (or any part thereof); (ii) transmit the TV Service by any television or radio broadcast or by any other means or use the TV Service outside the Service Location; (iii) move the TV Service to another location after installation; or (iv) insert any commercial announcements into the TV Service or interrupt any performance of the TV Service for the making of any commercial announcements. Customer acknowledges that such duplication, reproduction or transmission may subject Customer to criminal penalties and/or civil liability and damages under applicable copyright and/or trademark laws. TV Service is available for use at commercial establishments and other non-residential buildings (such as a bar, restaurant, hospital, or commercial building). In commercial establishments with public viewing, only the TV Service lineup(s) that is approved for public viewing may be used. Customer may not order or request pay-per-view (PPV) programming for receipt, exhibition or taping in a commercial establishment; or exhibit nor assist in the exhibition of PPV programming in a commercial establishment unless explicitly authorized to do so by agreement with an authorized program provider and subject to Spectrum’s prior written consent. 5. Service Inspection. Customer shall permit Spectrum reasonable access to the Service Locations to inspect the Service Location at periodic intervals as needed to ascertain, among other things, the number of television outlets receiving the TV Service, verify the estimated viewing occupancy, or . If any Spectrum inspection reveals that Customer's usage of the TV Service exceeds Customer's rights under the Service Agreement or Service Order and without abrogating or otherwise affecting Spectrum’s right to Spectrum Enterprise v.180530 CONFIDENTIAL Page 12 of 25 ©2016-18 Charter Communications. All Rights Reserved. consider such activity a breach of the Service Agreement, Customer shall pay Spectrum an amount equal to one and a half times the MRCs that would have been due for such excessive usage as liquidated damages and not as a penalty. In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable MRCs for such additional usage or Spectrum may, in its discretion, suspend or disconnect a TV Service . 6. Noninterference. Customer shall not interfere with, alter or substitute any of the programs, information or content offered as part of the TV Service, which are transmitted over any of the channels provided hereunder without the prior written consent of Spectrum. Under no circumstances shall Customer have any right to encode, alter, reformat, delete or otherwise modify the TV Service, including without limitation delivery method and any programming contained within the TV Service, without the express written consent of Spectrum. The limitations of this paragraph shall not apply to formatting of programming for Enterprise TV Service as agreed by Spectrum and Customer. 7. Charges. Notwithstanding anything to the contrary in the Service Agreement, the MRCs set forth in a Service Order for TV Service: (i) do not include applicable taxes, regulatory fees, franchise fees or public access fees; and (ii) are subject to change in accordance with commercial rate increases applied to commercial customers. Customer’s use of the Enterprise TV Service is subject to the following additional terms and conditions: 8. End User Support. Customer shall provide all first level contact and support to its authorized users relating to the Network, Spectrum Equipment, Connections, Customer-provided equipment, and Enterprise TV Service. In the event of any disruption, failure, or degradation of the Enterprise TV Service lasting for twenty-four (24) consecutive hours or more, Customer shall use all reasonable efforts to diagnose the cause of the Enterprise TV Service impacting event. If the Enterprise TV Service impacting event is reasonably determined to be caused by the signal delivered by Spectrum, Customer shall contact the designated Spectrum technical support contact for resolution. 9. Set Back Box. Customer’s use of the Set Back Box Product (“SBB”) available as part of the Enterprise TV Service (the “SBB Offering”) is subject to the following additional terms and conditions: A. Notwithstanding Section 2 above, Spectrum shall install and program all Connections for the SBB Offering. Customer shall ensure the availability of Connections that are compatible with the SBB Offering including, without limitation, the provision and use of appropriate tuners and Connections having HDTV compatibility. B. If Customer desires for the front desk portal and the TV user interface associated with the SBB Offering to be co-branded (with Spectrum’s and Customer’s brands), then Customer shall provide Spectrum Enterprise a copy of Customer’s logo in accordance with Spectrum’s technical specifications and hereby grants Spectrum a right and license to use such logo for purposes of such co-branding. 10. SpectrumU Service. SpectrumU is an online video service accessible via an Internet browser or through a mobile device application (the “SpectrumU TV App”) that permits authorized users to stream video content over-the-top while connected to Customer’s Wi-Fi network (the “SpectrumU Service”). A. Customer is not required to purchase Internet or Wi-Fi service from Spectrum in order to purchase or use the SpectrumU Service. Many factors affect the quality of service experienced by Customer and its authorized users, including without limitation, the quality of the Internet and Wi-Fi service provided by Customer, events impacting the Customer’s Wi-Fi network such as network service attacks, and the authorized user’s device. B. Customer acknowledges that Spectrum requires Customer’s authorized users to accept separate end user license terms when downloading the SpectrumU TV App. C. Spectrum may require that authorized users update the SpectrumU TV App from time-to-time in order to continue to use the SpectrumU Service via the SpectrumU TV App. Spectrum Enterprise v.180530 CONFIDENTIAL Page 13 of 25 ©2016-18 Charter Communications. All Rights Reserved. Attachment B Spectrum Business Voice Service, PRI/SIP Trunking Service (collectively “Voice Services”) Spectrum Hosted Voice, Hosted Voice for Hospitality, Hosted Call Center, and Unified Communications (collectively, “Hosted Communications Services”) DESCRIPTION OF SERVICES: Voice Services: Spectrum Business Voice Service: If Customer selects to receive Spectrum Business Voice Service, Customer will receive voice service consisting of one or more lines or connections and a variety of features, as described more fully in the applicable Service Order and price guide. SIP Trunking Service: If Customer selects to receive the SIP Trunking Service, Customer will receive voice and call processing services via eight or more concurrent call paths using a Session Initiation Protocol (“SIP”) connection to the Customer’s private branch exchange (including any non-Spectrum switch, collectively, “PBX”) or other Customer Equipment, and a variety of features, as described more fully in the applicable Service Order. PRI Service: If Customer selects to receive PRI Service, Customer will receive voice and call processing services via a full (23B+1D channel) or fractional (12B+1D channel) Primary Rate Interface (“PRI”) connection to Customer’s PBX or other Customer Equipment, and a variety of features, as described more fully in the applicable Service Order. Spectrum Hosted Communications Services: Spectrum Hosted Voice Service: If Customer selects to receive Hosted Voice Service delivered over fiber or coax, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance. Spectrum Hosted Voice for Hospitality Service: If Customer selects to receive Hosted Voice for Hospitality Service delivered over fiber or coax, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance. Customer may also receive Property Management System integration and other services, including a variety of features, as described more fully in the applicable Service Order. Spectrum Hosted Call Center: If Customer selects to receive Spectrum Hosted Call Center Service, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance, as described more fully in the applicable Service Order. Unified Communications Service: If Customer selects to receive Unified Communications Service features that are added onto a Spectrum Hosted Communications Service, Customer will receive a combination of (i) instant messaging and presence service, (ii) video calling service, (iii) desktop sharing service, and (iv) web collaboration service, as described more fully in the applicable Service Order. Unified Communications Services are available in personal computer and mobile phone or tablet application formats where features, functionalities, and capabilities will differ based on the device used to access the Unified Communications Service. Changes made to either the features, functionalities, or capabilities, or to the application user interface formats shall be in Spectrum’s sole discretion. COMMUNICATIONS SERVICES TERMS AND CONDITIONS: Customer’s use of the Voice Services and Hosted Communications Services (collectively, “Communications Service”) is subject to the following additional terms and conditions: 1. Availability of Facilities and Service Modifications: a. Services and associated products, facilities, equipment, features and functions will be available in accordance with the terms of this Attachment, where technically and operationally feasible. The quantity of business lines for each Service Location is dependent on the technical feasibility at that specific location. Additional construction and facilities may be required to provide requested Communications Services at Customer's expense. Customer must pay for any special construction prior to the activation of service and/or cancellation of contract. b. Spectrum is not obligated to provide Communications Services if Customer intends to or uses the Communications Services (i) to interfere with or impair any service over any facilities and associated Spectrum Equipment or impair the privacy of any communications over such facilities and associated Spectrum Equipment; (ii) to sell, resell, sublease, assign, license, sublicense, share, provide, or otherwise utilize in conjunction with a third party (including, without limitation, in any joint venture Spectrum Enterprise v.180530 CONFIDENTIAL Page 14 of 25 ©2016-18 Charter Communications. All Rights Reserved. or as part of any outsourcing activity) the Communications Services or any component or combination thereof; or (iii) in any manner that results in non-standard calling patterns or practices, including but not limited to, use of the Communications Service for high-volume auto-dialing, continuous or extensive call forwarding, high-volume telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting for services with unlimited local and long distance calling plans, and PBX hacking or modem hijacking resulting in excessive usage of long distance service (collectively, “Prohibited Use”). In addition, Prohibited Use shall include augmentation of the Communications Service or Communications Service features, in any way as to change the functionality of the Communications Service or its component features in any manner that is inconsistent with standard commercial calling patterns and practices or the terms of this Service Agreement. Such non-standard calling patterns and practices include, but are not limited to, use of three-way calling, or call forwarding, that results in unusually high traffic volumes or excessive long distance usage. A non-standard calling pattern may also include, when Customer’s long distance calling minutes from (i) calls terminating to Alaska, (ii) calls terminating to Guam, (iii) calls terminating to a conference calling service operating in areas with high carrier access rates (e.g., rates that carriers pay one another for network use), or (iv) calls terminating to a chat line service, in the aggregate exceed ten percent (10%) of Customer’s total long distance minutes in any one-month billing cycle. c. Spectrum may, from time to time, offer additional Communications Service features or functionality, or discontinue certain Communications Service features or functionality. Information about these features or functions will be available at http://enterprise.spectrum.com/ or http://business.spectrum.com/ or in the applicable price guide at www.spectrum.com, under “Customer Disclosures.” These additional Communications Services, features or functions may be subject to additional specific terms and conditions, and may be subject to change at any time by Spectrum. . 2. Customer-Premise Equipment: Communications Services may require Customer-premise equipment. If required, Spectrum will supply such equipment for so long as Customer remains a Communications Service Customer. Depending on the Communications Service plan, there may be a monthly charge for the equipment. Upon termination of Communications Service for any reason, Customer shall return the Spectrum-supplied equipment within thirty (30) days or Customer will be charged an equipment fee equal to the fee charged by Spectrum at the time the equipment was supplied by Spectrum. An exception to this return policy is when the equipment is also supporting Internet service, in which case Customer may continue to use the equipment until such time as Internet is no longer provided or Spectrum requests a substitution of the equipment. 3. Communications Service Limitations: a. Unavailable Services; Call Blocking and Fraud. Spectrum does not offer or provide certain operator-assisted services such as dial around services (10-10-XXX), pay services, and third-party billing. Spectrum blocks access to calls with 900 and 976 area codes and to international chat lines. In addition, Spectrum will initiate toll blocking if Customer’s excessive use of any toll has surpassed the threshold set by Spectrum and/or Customer’s account is delinquent. Notwithstanding any other provision of the Service Agreement or this Attachment, Spectrum may block calls which (i) are made to certain countries, cities, or central office exchanges, or (ii) use certain authorization codes, as Spectrum, in its sole discretion, deems reasonably necessary to prevent unlawful or fraudulent use of Communications Services. b. Service Outages. Communications Service modems are electrically powered and will not work in a power outage or if the required broadband connection is disrupted or not operating. In the event of power outages, the modem, including all phones and Services connected to or powered by it, will not work. Power outages will disrupt Enhanced 911 (“E911”) service and the use of Communications Service as the connection between a security system and central monitoring services. Spectrum may supply Customer with a battery backup for use in the event of a non-network related outage. COMMUNICATIONS SERVICE DOES NOT HAVE ITS OWN POWER SUPPLY. IF THERE IS A POWER OUTAGE, OR IF THERE IS A DISRUPTION TO THE SPECTRUM NETWORK OR FACILITIES, COMMUNICATIONS SERVICE WILL NOT WORK. CUSTOMER ACKNOWLEDGES THAT IN SUCH CASES IT WILL NOT BE POSSIBLE TO PLACE OR RECEIVE CALLS INCLUDING CALLS TO ACCESS EMERGENCY 911 SERVICES. c. Security Systems. Although Spectrum will supply a connection that will allow the operation of Customer's existing security system, Spectrum does not guarantee that any such system will be in complete operational order following the installation of Communications Service. As such, it is Customer's obligation to contact their security system provider to inform them of the Communications Services installation, and any change in phone number, and to request a complete operational test of their system immediately following installation of the Communications Services. In addition, it is Customer's responsibility to test their system on a regular basis. Spectrum does not represent that Service is fail-safe. Customer is solely responsible for obtaining such testing, ensuring that such testing is completed in a timely manner, and confirming that the security system and any related Customer Equipment at the Service Location connected to the Communications Service operate properly. Customer is solely responsible for any and all costs associated with this activity. In addition, Spectrum prohibits the use of Communications Service as the connection between medical alert systems and a central monitoring station, and will neither connect to such services nor provide technical support for the connection. 4. Use of Services. Customer is solely responsible for: (i) prevention of Prohibited Use and unauthorized, unlawful, or fraudulent use of, or access to, Communications Services, which use or access is expressly prohibited; and (ii) administration and non-disclosure of any authorization codes provided by Spectrum to Customer. Spectrum may require Customer to immediately shut down its Spectrum Enterprise v.180530 CONFIDENTIAL Page 15 of 25 ©2016-18 Charter Communications. All Rights Reserved. transmission of signals if Spectrum concludes, in its sole discretion, that such transmission is a Prohibited Use or causing interference to other customers or with other transmissions generally. a. Spectrum reserves the right (i) to refuse to provide, discontinue, or temporarily suspend Communications Services to or from a Service Location where the necessary facilities or equipment are not available under terms and conditions reasonably acceptable to Spectrum, or (ii) to limit or block Communications Services to and from any Service Location or the use of any authorization code, without any liability whatsoever, in the event that Spectrum detects or reasonably suspects either (a) Prohibited Use or fraudulent, or unlawful use of the Communications Services, or use of the Communications Service in violation of the Service Agreement or this Attachment, or (b) consumption of Communications Services in excess of the credit limit (if any). b. Customer is responsible for (i) securing its Customer Equipment against placement of fraudulent calls, and (ii) ensuring that Customer Equipment is not being used for any Prohibited Use or fraudulent use or access with Communications Services. Customer shall be responsible for payment of all applicable charges for Communications Services and charged to Customer’s accounts, even where those calls are originated by fraudulent means either from Customer’s Service Location or from remote locations. Spectrum is not liable for any damages, including toll usage charges, Customer may incur as a result of the unauthorized use of its telephone facilities. This unauthorized use of Customer’s facilities includes, but is not limited to, the placement of calls from the Service Location, and the placement of calls through Customer Equipment that are transmitted or carried on Spectrum’s Network. Customer shall ensure that all uses by Customer, whether authorized by Customer or not, of the Spectrum Equipment or the Communications Services installed at the Service Location comply with all applicable laws, rules, regulations, and the Service Agreement (including this Attachment). c. Spectrum has the right to limit the Communications Service to reasonable quantities of minutes and messages used or consumed by Customer to prevent Prohibited Use and to maintain a high level of service for other Spectrum customers. 5. Access to Telecommunications Relay Communications Service: Telecommunications Relay Service (“TRS”) enables deaf, hard-of-hearing or speech-impaired persons who use a Text Telephone or Caption Telephone (collectively, “TDD”) or similar devices to communicate with the hearing population not using TDD. It also allows the hearing population not using a TT to communicate with deaf, hard-of-hearing or speech-impaired persons who do use a TDD. Customer will be able to access the state provider to complete such calls by either dialing the applicable telephone number directly or by dialing the number 711, where available. Spectrum may bill Customer a monthly surcharge in order to fund the TRS system. 6. 911 Services: a. CUSTOMER ACKNOWLEDGES THAT THE VOICE-ENABLED FIBER CONNECTION, CABLE MODEM, INTEGRATED ACCESS DEVICE (“IAD”) OR OTHER SPECTRUM EQUIPMENT USED TO PROVIDE COMMUNICATIONS SERVICE ARE ELECTRICALLY POWERED AND THAT COMMUNICATIONS SERVICE, INCLUDING THE ABILITY TO ACCESS 911 AND E911 SERVICES AND ALARM, SECURITY, AND OTHER MONITORING SERVICES, MAY NOT OPERATE IN THE EVENT OF AN ELECTRICAL POWER OUTAGE, A SPECTRUM NETWORK SERVICE INTERRUPTION, OR A THIRD-PARTY NETWORK SERVICE INTERRUPTION IF THE COMMUNICATIONS SERVICE IS PROVIDED AS AN OVER-THE-TOP OR OFF-NET (TYPE II) SERVICE USING A THIRD PARTY’S NETWORK. CUSTOMER ALSO ACKNOWLEDGES THAT, IN THE EVENT OF A POWER OUTAGE AT A SERVICE LOCATION, ANY BACK-UP POWER SUPPLY PROVIDED WITH A SPECTRUM-PROVIDED VOICE-ENABLED CABLE MODEM, IAD, OR OTHER SPECTRUM EQUIPMENT USED IN DELIVERING THE COMMUNICATIONS SERVICE MAY ENABLE SERVICE FOR A LIMITED PERIOD OF TIME OR NOT AT ALL, DEPENDING ON THE CIRCUMSTANCES, AND THAT THE USE OF A BACK-UP POWER SUPPLY DOES NOT ENSURE THAT COMMUNICATIONS SERVICE WILL BE AVAILABLE IN ALL CIRCUMSTANCES. CUSTOMER SHALL ADVISE EVERY END USER OF COMMUNICATIONS SERVICE THAT SPECTRUM VOICE-ENABLED CUSTOMER EQUIPMENT IS ELECTRICALLY POWERED AND, IN THE EVENT OF A POWER OUTAGE OR SPECTRUM NETWORK SERVICE INTERRUPTION, COMMUNICATIONS SERVICE AND 911 OR E911 MAY NOT BE AVAILABLE. CUSTOMER SHALL DISTRIBUTE TO ALL END USERS OF COMMUNICATIONS SERVICE LABELS/STICKERS (TO BE SUPPLIED BY SPECTRUM) AND INSTRUCT ALL END USERS OF COMMUNICATIONS SERVICE TO PLACE THEM ON OR NEAR THE EQUIPMENT USED IN CONJUNCTION WITH THE COMMUNICATIONS SERVICE. b. Customer is not permitted to move Spectrum Equipment from the Service Location in which it has been installed. If Customer moves any of the voice-enabled cable modem, IAD, or other Spectrum Equipment to an address other than the Service Location identified on the Service Order, calls from the modem, IAD, or other Spectrum Equipment to E911 will appear to E911 emergency service operators to be coming from the Service Location identified on the Service Order and not the new address. Customer shall be solely responsible for directing emergency personnel at the customer premises at each Service Location. c. Customer will be notified by Spectrum as to whether the Communications Service to which Customer subscribes includes the capability to support E911 service from multiple locations or from a location other than the Service Location. Customer agrees that Spectrum will not be responsible for any losses or damages arising as a result of the unavailability of Communications Service, including the inability to reach 911 or other emergency services, the inability to contact a security system or other monitoring service provider or any failure or fault relating to Customer Equipment, facilities or services, the use of third-party enterprise 911 solutions, or Customer’s attempt to access Communications Service from a remote location. Spectrum Enterprise v.180530 CONFIDENTIAL Page 16 of 25 ©2016-18 Charter Communications. All Rights Reserved. d. In some geographic areas, Communications Service does not provide the capability to support E911 service from any location other than the Service Location. In those areas, if Customer intends to assign telephone numbers to one or more locations other than the Service Location, Customer shall obtain from the incumbent LEC, a competitive LEC, or Spectrum a local telephone line or lines and ensure that (i) the address(es) associated with the additional location(s) are loaded into the 911 database by the provider of the local telephone line(s) such that 911 calls will deliver to the 911 answering point the actual location and address of the 911 caller and (ii) all 911 calls originated from the additional location(s) are transported and delivered over those local telephone lines. IN SUCH AREAS, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SPECTRUM, ITS AFFILIATES, ITS SERVICE PROVIDERS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST THIRD PARTY CLAIMS, LIABILITIES, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ AND OTHER PROFESSIONALS’ FEES, ARISING OUT OF OR RELATING TO 911 CALLS MADE BY END USERS OF THE COMMUNICATIONS SERVICE FROM LOCATIONS OTHER THAN THE SERVICE LOCATION. e. Customer shall not use the Communications Services, or allow the Communications Services to be used, (i) to provide 911 or E911 services; (ii) route 911 or E911 traffic to any public safety answering point, statewide default answering point, or appropriate local emergency authority or emergency responders; or (iii) for any automatic location information services related to E911 or in any other manner that would cause, or be likely to cause, Spectrum to qualify as a “Covered Service Provider” as defined in 47 C.F.R. §12.4 or any successor provision of the rules of the Federal Communication Commission. Any breach of this provision shall constitute a material breach of the Service Agreement. f. CUSTOMER ACKNOWLEDGES THAT SPECTRUM’S “ANYWHERE CONNECT” OR OTHER SOFTPHONE SOFTWARE OR APPLICATIONS (COLLECTIVELY “SOFTPHONE APPLICATIONS”) ARE NOT A REPLACEMENT FOR MOBILE OR FIXED LINE VOICE SERVICES. SOFTPHONE APPLICATIONS DO NOT PERMIT END USERS TO MAKE 911 OR OTHER EMERGENCY CALLS. CUSTOMER SHALL PROVIDE ALTERNATIVE COMMUNICATION OPTIONS TO ENABLE END USERS TO MAKE 911 AND OTHER EMERGENCY CALLS WHEN USING SPECTRUM’S SOFTPHONE APPLICATIONS. 7. Custom Caller-ID (Voice Services only): If Customer activates Custom Caller ID for Trunks, which permits a customer to define the telephone number that Spectrum makes available to call recipients for Caller ID purposes, the telephone number chosen must be active and assigned to Customer. Custom Caller ID for Trunks may be used only where Customer employs a Customer Equipment solution that ensures that 911 and other emergency calls placed by an end user are routed to an appropriate public safety answering point or other responding agency based on the caller’s location, in a manner consistent with applicable law. If Customer activates Custom Caller ID, they must configure their PBX to out-pulse a telephone number that is active in their Spectrum account and accurately identifies the Service Location for all outbound emergency 911 calls to be handled by that PBX. By activating Custom Caller ID for Trunks, Customer represents and warrants that it employs such a Customer Equipment solution and agrees to continue using such a solution until Customer discontinues its use of Custom Caller ID for Trunks. Telemarketers or other entities using Custom Caller ID for Trunks must comply with applicable federal and state laws, including obligations requiring identification of: (i) the telemarketer or the party on whose behalf the telemarketing call is made and (ii) the calling party’s number (“CPN”), automatic number identification (“ANI”), or customer service number of the party on whose behalf the telemarketing call is made. The use of substitute or fictitious CPN, ANI, or other calling party information is prohibited. Custom Caller ID for Trunks may not be used by any person or entity in connection with any unlawful purpose. 8. Access: Customer agrees to provide Spectrum and its authorized agents with access to Customer’s internal telephone or local area network wiring at the network interface device or at some other minimum point of entry in order to facilitate the installation and operation of Communications Service over existing wiring. Customer hereby authorizes Spectrum to make any requests to Customer’s landlord, building owner and/or building manager, as appropriate, and to make any requests to other or prior communications service providers, as necessary and appropriate, to ensure that Spectrum has all access to inside wiring and cabling necessary and sufficient to efficiently and securely install Communications Service and all related Spectrum Equipment. The agents and employees of Spectrum shall have the right to enter the Service Location at any reasonable hour for the purpose of installing, inspecting, maintaining or repairing Spectrum Equipment, instruments and/or lines, or upon termination of the Communications Service, for the purpose of removing such Spectrum Equipment, instruments and/or lines. 9. Exclusively for Businesses: Communications Services are offered to businesses only and are not available for residential use. 10. Customer Equipment: Spectrum’s obligation is to provide Communications Services to the customer-accessible interface device or equipment installed by Spectrum at the Spectrum Network Demarcation Point at the Service Location. The “Demarcation Point” is the point of interconnection between the Spectrum Equipment or other facilities and the wiring at the Service Location. Customer is responsible for ensuring that all such Customer Equipment conforms to the Federal Communications Commission's requirements set forth in Part 68 of the Code of Federal Regulations (as amended), and Spectrum may discontinue the provision of Communications Services to any location where Customer Equipment fails to conform to such regulations. Customer shall be solely responsible for satisfying all legal requirements for interconnecting Customer-provided terminal equipment or communications systems with other provider’s facilities, including, without limitation, application for all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. Satisfaction of all legal requirements, any interface equipment or any other facilities necessary to interconnect the facilities of Spectrum and other providers must be provided at Customer's sole expense. Spectrum Enterprise v.180530 CONFIDENTIAL Page 17 of 25 ©2016-18 Charter Communications. All Rights Reserved. 11. CPNI: Information relating to Customer calling details (“Calling Details”), including the quantity, configuration, type, destination and amount of Communications Service usage by Customer, and information contained in Customer’s bills (collectively, “Customer Proprietary Network Information” or “CPNI”) , that is obtained by Spectrum pursuant to its provision of Communications Service will be protected by Spectrum as described herein, in the Privacy Policy and in accordance with applicable federal and state requirements. Notwithstanding the foregoing, the following shall not be CPNI: (i) Customer’s directory listing information, and (ii) aggregated and/or compiled information that does not contain Customer-specific references, even if CPNI was used as a basis for such information. a. Spectrum may use and disclose Calling Details and CPNI when required by applicable law. Spectrum may use Calling Details and CPNI and share (including via email) Calling Details and CPNI with its partners and contractors, as well as with Customer’s employees and representatives, without Customer consent: (i) to provide services and bills to Customer; (ii) pursuant to applicable law; (iii) to protect the interests of Spectrum, Customer and related parties in preventing fraud, theft of services, abuse, harassment and misuse of telephone services; (iv) to protect the security and integrity of Spectrum Network systems; and (v) to market additional Spectrum services to Customer that are of the same category as the services that Customer purchases from Spectrum. b. Spectrum will obtain Customer’s consent before using Calling Details or CPNI to market to Customer Spectrum services that are not within the categories of Services that Customer purchases from Spectrum. Customer agrees that Spectrum will not be liable for any losses or damages arising as a result of disclosure of Calling Details or CPNI in accordance with the terms of this Attachment. c. Spectrum will respond to Customer requests for Customer Calling Details only in compliance with Spectrum’s then-current authentication requirements and applicable law. Such authentication requirements may require Customer to obtain a secure password, which may be required for both online and telephone requests for Calling Details. Spectrum will notify Customer of any requests to change account passwords, activate online account access and change Customer’s account address of record. Spectrum may provide such notice by voicemail, by email or by regular mail to Customer’s prior account address of record. d. Customer may identify a person or persons who are authorized to request Calling Details by executing an Agency Letter provided by Spectrum upon request. Customer is responsible for: (i) ensuring that Spectrum receives timely notice of any changes to the list of authorized individuals identified in the Agency Letter. Spectrum will not be liable to Customer for any disclosure of Calling Details (including CPNI) that occurs if Spectrum has complied with the Agency Letter. 12. Directory Listings: Spectrum will facilitate the inclusion of its business customers in alphabetical white and yellow pages directories and/or electronic compilations, as requested and available in Spectrum's service area. These listings are intended as a resource for interested parties who can use them to find the telephone numbers of Spectrum customers who subscribe to Communications Services. Spectrum, in its sole discretion, may limit the length of any listing in a directory or electronic compilation by abbreviating the listing. Listings may be subject to additional rules and restrictions. Toll free and private number service may be available to Customer for an additional charge. A listing may be omitted from a directory or electronic compilation upon Customer’s request. IN THE EVENT THAT A MATERIAL ERROR OR OMISSION IN CUSTOMER’S DIRECTORY LISTING INFORMATION, REGARDLESS OF FORM, IS CAUSED BY SPECTRUM, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE A SERVICE CREDIT IN AN AMOUNT SET BY SPECTRUM’S THEN-CURRENT STANDARD POLICIES OR AS PRESCRIBED BY APPLICABLE REGULATORY REQUIREMENTS, IF ANY. SPECTRUM SHALL HAVE NO OTHER LIABILITY FOR ANY ERROR OR OMISSION IN ANY DIRECTORY LISTING INFORMATION. 13. Minute Packages: If a minutes of use (“MOU”) package is exceeded, additional minutes will be charged at the standard domestic long distance rates listed at http://enterprise.spectrum.com (or successor URL). 14. Number Porting: Upon submission of a Service Order, Customer may port a telephone number within the rate center for its particular Service Location to Spectrum for use with Communications Services. Customer represents and warrants that it has all necessary rights and authority for any porting request, will provide copies of letters of authority authorizing the same upon request, AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SPECTRUM AND ITS AFFILIATES FROM ANY THIRD-PARTY CLAIM RELATED TO OR ARISING OUT OF ANY PORTING REQUEST. Spectrum shall coordinate telephone number porting with Customer’s former local service provider (“FLSP”) using the operational process for coordinating telephone number porting as prescribed by the appropriate regulatory authority. Spectrum may receive requests to port a telephone number currently assigned to Customer to a third-party service provider. Customer agrees that until such time as the porting process has been completed and no further traffic for any ported telephone number traverses the Spectrum Network, Customer shall remain bound by the terms of the Service Agreement and this Attachment (including, without limitation, Customer’s obligation to pay for any applicable Services) for any and all traffic which remains on any Customer telephone numbers. Notwithstanding the foregoing, Customer shall notify Spectrum at least five (5) business days in advance of Customer requesting more than twenty (20) telephone numbers to be ported from Spectrum to another service provider. Customer has no property right in telephone number(s) or any other call number designations associated with the Communication Services, and Spectrum may change such numbers as deemed necessary. Spectrum Enterprise v.180530 CONFIDENTIAL Page 18 of 25 ©2016-18 Charter Communications. All Rights Reserved. 15. Call Redirect: If a PRI Service, SIP Trunking Service, or Hosted Communication Service Customer elects to redirect calls to an alternate number and if the receiving telephone number is charged as domestic long distance, charges will be applied against Customer’s MOU package on the account or, if exceeded, at the applicable long distance rates. 16. Fiber Internet Access Bundles: If Customer purchases a discounted bundled offering from Spectrum including a SIP Trunking Service, PRI Service, or Hosted Communications Services combined with Spectrum Fiber Internet Access, Customer must have the SIP Trunking Service, PRI Service, or Hosted Communications Service installed and billing within four months after the provisioning and turn-up of the bundled data circuit. The monthly recurring charge will revert to the non-bundled rate for the installed service if Customer fails to accept both Services within this timeframe. 17. Unified Communications Service Data: Spectrum and any third-party service provider Spectrum uses to provide Unified Communications Services may use Customer data provided to such service provider in the course of the performance of the Unified Communications Services, including but not limited to any personal data of Customer’s employees (“UCS Data”), other than content transmitted by the Unified Communications Services, to (a) communicate with Spectrum or Customer, and (b) administer and/or perform this Service Agreement, any Service Order, and/or any agreement between Spectrum and such third-party service provider. Spectrum and such service provider may access or disclose UCS Data and related information, to: (i) satisfy legal requirements, comply with the law or respond to subpoenas, warrants or court orders, or (ii) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Spectrum’s or such service provider’s employees, customers or the public. Spectrum Enterprise v.180530 CONFIDENTIAL Page 19 of 25 ©2016-18 Charter Communications. All Rights Reserved. Attachment C Fiber Internet Access Service (“FIA Service”) Fiber Internet Access: If Customer elects to receive the FIA Service, Spectrum shall provide Customer with a dedicated, scalable connection over a packet-based infrastructure with Internet service provider (“ISP”) peering between Customer’s data network identified on a Service Order and Spectrum’s facilities. FIA Service, or features of FIA Service, may not be available in all service areas. Spectrum’s FIA Service is “On-Net” if it is provided by Spectrum to Service Locations through the Spectrum Network. Spectrum may, in its discretion, provide Customer with “Off-Net” services to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network through third party service providers. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by Spectrum (“Third Party Services”). Third Party Services and Off-Net Services may be subject to additional terms and conditions. Customer’s use of the FIA Service is subject to the following additional terms and conditions: 1. FIA Service Speeds. Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the FIA Service selected by Customer on the Service Order, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in Spectrum’s Network Management Practices. 2. Bandwidth Management. Spectrum shall have the right, but not the obligation, to (a) monitor traffic on its Network; and (b) monitor Customer’s bandwidth utilization and to limit excessive use of bandwidth (as determined by Spectrum) as Spectrum deems appropriate to efficiently manage the Spectrum Network. If Customer purchases Multi-Path FIA Service, Customer must ensure that no individual Path or data flow of such Service exceeds 2 Gbps (i.e. the rate of data transmission between any two MAC addresses and IP addresses). If Customer’s Multi-Path FIA Service includes a Path or data flow that exceeds 2 Gbps, Spectrum may limit such Path or data flow to 2 Gbps. For purposes of this Attachment, (i) “Path” shall mean a connection permitting data transmission between a MAC address and IP address and another MAC address and IP address, and (ii) “Multi-Path” shall mean FIA Services permitting data transmission between or among three (3) or more MAC addresses and IP addresses. 3. Acceptable Use Policy. Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“AUP”) found at http://enterprise.spectrum.com (or the applicable successor URL) and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by Spectrum with or without notice to Customer. Spectrum may suspend Service immediately for any violation of the Spectrum AUP. 4. Supplemental Managed Services. This subsection shall only apply if Customer purchases Spectrum’s supplemental “Managed Services.” The Managed Services may include software, firmware, and hardware components supplied by Spectrum or third parties and may be subject to additional terms and conditions. Spectrum may update the Desktop Security Service (as described in Attachment E) from time-to-time based on manufacturer-provided updates. SPECTRUM DOES NOT WARRANT THAT THE SUPPLEMENTAL MANAGED SERVICES, INCLUDING ANY SECURITY SERVICES, WILL MEET CUSTOMER’S REQUIREMENTS, ENABLE CUSTOMER TO COMPLY WITH ANY APPLICABLE LAWS, REGULATIONS, OR THIRD PARTY REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR USE OF, WHETHER AUTHORIZED OR NOT, CUSTOMER’S OR ANY END USER’S EQUIPMENT OR ACCESS TO OR LOSS OF DATA, MATERIAL, OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER’S OR ANY END USER’S USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL, OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS SERVICE AGREEMENT, AND SPECTRUM DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS SERVICE AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT. Spectrum Enterprise v.180530 CONFIDENTIAL Page 20 of 25 ©2016-18 Charter Communications. All Rights Reserved. Attachment D Ethernet Service (“Ethernet Service”) Ethernet Service: Spectrum will provide Ethernet Services for Customer locations connected over coaxial and/or fiber-optic cable. Connectivity is established between two or more Customer end-points under a unique customer topology. Spectrum will install the coaxial or fiber-optic cable into each Customer site as listed in the Service Order(s). Spectrum will also supply an edge or network interface device, which is Spectrum Equipment, at each site that will be capable of receiving the Service as specified in the Service Order(s). Spectrum’s Ethernet Services are “On-Net” if they are provided by Spectrum to Service Locations through the Spectrum Network. Spectrum may, in its discretion, provide Customer with “Off-Net” services to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network through third party service providers. Off-Net Services may be subject to additional terms and conditions. Customer’s use of Ethernet Service is subject to the following additional terms and conditions: 1. Spectrum’s provision of Ethernet Services is subject to availability. 2. Spectrum shall have the right to disconnect (or demand the immediate disconnection of) any Ethernet Service that degrades any service provided to other subscribers on the Spectrum Network. Spectrum shall have the right, but not the obligation, to (a) monitor traffic on the Spectrum network, in its sole discretion; and (b) monitor Customer’s bandwidth utilization as Spectrum deems appropriate to efficiently manage its Network. If Customer purchases Multi-Path Ethernet Service, Customer must ensure that no individual Path or data flow of such Service exceeds 2 Gbps (i.e. the rate of data transmission between any two MAC addresses and IP addresses). If Customer’s Multi-Path Ethernet Service includes a Path or data flow that exceeds 2 Gbps, Spectrum may limit such Path or data flow to 2 Gbps. For purposes of this Attachment, (i) “Path” shall mean a connection permitting data transmission between a MAC address and IP address and another MAC address and IP address, and (ii) “Multi- Path” shall mean Ethernet Services permitting data transmission between or among three (3) or more MAC addresses and IP addresses. 3. Customer shall not transmit or otherwise make available on or via the Ethernet Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, or that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. 4. Customer shall permit Spectrum reasonable access to the Service Locations to inspect the Service Locations at periodic intervals as needed to verify Customer’s compliance with this Service Agreement. 5. Customer’s use of Ethernet Services is presumed by Spectrum to be jurisdictionally interstate, pursuant to the Federal Communications Commission’s mixed use “10% Rule” (47 C.F. R. 36.154, 4 FCC Rcd. 1352). It is Customer’s sole responsibility to notify Spectrum if Customer’s use of the Service is not jurisdictionally interstate pursuant to the 10% Rule and, so long as Customer’s use of the Service remains not jurisdictionally interstate, Customer must certify at least annually that this condition remains in effect, using the form and format available upon request from Spectrum. If Customer fails to provide such certification or if the Customer’s certification is inaccurate or invalid, Customer shall be liable for any resulting fees, fines, penalties and/or costs incurred by Spectrum. In addition, if Spectrum determines that Customer’s use of the Ethernet Services is likely to be deemed not to be jurisdictionally interstate, and therefore that Spectrum’s provision of the Ethernet Services is likely to put Spectrum or its licenses, permits or business at risk, or otherwise cause financial, regulatory or operational problems for Spectrum, then Spectrum may immediately suspend the provision of any or all Ethernet Service under any or all affected Service Orders until such time as either (a) Customer provides Spectrum with satisfactory assurances that Customer’s use of Ethernet Services shall be deemed to be jurisdictionally interstate or (b) Customer is otherwise brought into full compliance with any applicable laws and regulations. Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless Indemnified Parties against any and all third party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by any Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by Spectrum Indemnified Parties, to the full extent that such arise from or relate to any fees, fines or penalties incurred by Spectrum as a result of Customer’s violation of the 10% Rule. Spectrum Enterprise v.180530 CONFIDENTIAL Page 21 of 25 ©2016-18 Charter Communications. All Rights Reserved. Attachment E Spectrum Business High-Speed Internet Service (“Internet Service”) Spectrum Business High-Speed Internet Service1: Internet access service implemented using a hybrid fiber/coax (“HFC”) or a fiber access network. Customer interface to the data network is via Ethernet connection. Internet Service enables a variety of upstream and downstream rates. If Customer elects to receive Internet Service, Spectrum shall provide connectivity from Customer site(s) to Customer’s data network. Certain Internet Services, or features of Internet Services, may not be available in all service areas and may change from time to time, in Spectrum’s sole discretion. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by Spectrum (“Third-Party Services”). Third Party Services may be subject to additional terms and conditions. Except to the limited extent described in this Attachment, Spectrum makes no warranties of any kind (express or implied) regarding Third-Party Services and hereby disclaims any and all warranties pertaining thereto (including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose). Spectrum does not have title to and is not the manufacturer of any software or hardware components of any Third-Party Services nor is Spectrum the supplier of any components of such software or hardware. IN NO EVENT SHALL SPECTRUM BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY THIRD-PARTY SERVICES. Customer’s use of the Internet Service is subject to the following additional terms and conditions: 1. Minimum Equipment Requirements. Customer shall maintain certain minimum equipment and software to receive the Internet Service (see www.business.spectrum.com for the current specifications). The minimum configuration standards may change, and Spectrum will make reasonable efforts to support previously acceptable configurations; however, Spectrum is not obligated to continue to provide such support. Spectrum may supply Spectrum Equipment such as modems, gateways, routers, or wireless cards, for a fee, to operate the Internet Service. Spectrum reserves the right to provide service only to users with Spectrum-approved equipment. Customer acknowledges that such Spectrum Equipment may require updates and/or changes to the software resident in the Spectrum Equipment and that Customer may be required to perform such updates and/or changes. Customer hereby authorizes Spectrum to perform updates or changes, on-site or remotely from time to time as Spectrum deems necessary, in Spectrum's sole discretion. Customer will not connect any equipment, other than equipment authorized by Spectrum, to the Spectrum Network. When Spectrum installs the Internet Service, Customer will need a network interface card or adapter providing an Ethernet connection. Alternatively, Customer may connect to a networking device (commonly referred to as a router or gateway). 2. Software. At the time of installation of the Internet Service, Spectrum may provide Customer with common Spectrum or third-party software (e.g., a browser and plug-ins) to enable and enhance the Internet Service, subject to the license terms and restrictions in the Spectrum Service Agreement. Customer hereby represents and warrants to Spectrum that Customer owns the operating system software and associated use/license rights thereto for the computers that are connected to the Spectrum Network. 3. Internet Service Speeds. Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the Internet Service selected by Customer, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in Spectrum’s Network Management Practices. 4. Security. Customer shall take commercially reasonable security measures when using the Internet Service and assumes sole responsibility for use of the Internet Service and for access to and use of Customer Equipment used in connection with the Internet Service and Spectrum Network. 5. Electronic Addresses; Mailboxes. All non-vanity email addresses, email account names, and IP addresses (“Electronic Addresses”) provided by Spectrum (and not through Customer’s domain) are the property of Spectrum. Customer may not alter, modify, sell, lease, assign, encumber or otherwise tamper with the Electronic Addresses. a. Mailboxes. Spectrum owns any and all mailboxes associated with the Internet Service and may reclaim such mailboxes at any time for any reason. Spectrum may also limit the number of new email addresses available per account and the number of email messages that may be sent within a 24-hour time period. Spectrum may lock inactive mailboxes and prohibit the mailbox from receiving new email messages. Customer acknowledges that upon termination of Internet Service, Spectrum will suspend all accounts associated with the Internet Service and delete the contents of all mailboxes, if any. Deleted content cannot be recovered. Email addresses are not permanently retired and become eligible to be reused at Spectrum’s sole discretion. 1 Customers that purchased Internet services from Time Warner Cable Business Class, Brighthouse Networks, or Charter before June 11, 2017 may continue to receive the same Internet service plan, features, and supplemental services at the same prices offered as of June 11, 2017 (“Legacy Services”) until such time as Spectrum discontinues the Legacy Services by written notice to such Customers. If Customer elects to receive Spectrum Business Internet Services available as of June 11, 2017, then Customer will no longer be eligible to receive any Legacy Services, including, without limitation, any supplemental services or features that may not be available as part of the Spectrum Business Internet Services. Please contact your Spectrum sales representative for further information. Spectrum Enterprise v.180530 CONFIDENTIAL Page 22 of 25 ©2016-18 Charter Communications. All Rights Reserved. b. Mail Storage. In no event will Spectrum be responsible for maintaining, and Spectrum will not guarantee storage of, email for any period of time. Spectrum also reserves the right to enforce email storage limits. c. Cookies. Customer may access their Spectrum email account at www.spectrumbusiness.net or by using the Customer’s software application (e.g., Outlook, Outlook Express, and Apple Mail). When accessing email at www.spectrumbusiness.net Customer must have its Internet browser configured to accept cookies. Spectrum will notify the End User if the browser is not configured to accept cookies. 6. Changes of Address. Spectrum may change addressing schemes, including email and IP addresses provided by Spectrum. 7. Acceptable Use Policy. Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“AUP”) found at www.business.spectrum.com and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by Spectrum with or without notice to Customer. Spectrum may suspend Service immediately for any violation of the AUP. 8. Spectrum Business WiFi. Spectrum Business WiFi supported by a Spectrum-provided wireless router is a service available to certain Customers and provides wireless access to the Internet Service within the Service Location ("WiFi Network"), for which Customer may be charged a fee consistent with Spectrum’s then-current practices. Customer must purchase Spectrum Internet Service in order to receive Spectrum Business WiFi. The Spectrum-provided WiFi router comes programmed with certain default settings and configurations for the WiFi Network. Customer may modify the default settings and configurations on the Spectrum-provided WiFi router although Spectrum recommends maintaining the default configuration and settings. Spectrum does not guarantee the security of the Spectrum-provided WiFi router and Customer's connection to the Internet Service via the WiFi Network. Customer understands and agrees that Customer is solely responsible for the security of its WiFi Network and must enable and use encryption in order to access Spectrum-provided applications. Customer understands that this service is intended to be used by the Customer and its End Users and that Spectrum accepts no liabilities for any third-party usage. The Spectrum-provided WiFi router will collect and maintain certain information regarding access to and use of the WiFi Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Spectrum to provide the Internet Service and support, as well as for Spectrum’s internal business analytics regarding the use of the Internet Service. Customer acknowledges and agrees that Spectrum shall have access to the network name and password associated with the Spectrum-provided WiFi router in order to provide support and diagnostic services. Spectrum reserves the right to modify the WiFi network name and password for the Spectrum-provided WiFi router in order to safeguard Internet security, the security and privacy of Customer's information, where required by law, or for other good cause to provide, upgrade, and maintain the Internet Service, and protect the network, other users of the Internet, or our customers and subscribers. Abusive, vulgar, offensive, inappropriate or profane WiFi Network names are prohibited and may be modified in Spectrum’s sole discretion. Customer acknowledges that the Spectrum-provided WiFi router is Spectrum Equipment. 9. Spectrum Business WiFi Hotspot. Spectrum reserves the right to preconfigure the Spectrum-provided WiFi router to distribute a wireless Internet access point (i.e., a Spectrum Business WiFi Hotspot, a “WiFi Hotspot”) separate from the WiFi Network. Any use of bandwidth from such wireless access point by third parties will not be considered to be use by the Customer for any purpose. Customer shall have the right to disable such WiFi Hotspot, and shall not be responsible for the security of the WiFi Hotspot. a. To be eligible to receive the WiFi Hotspot, Customer must be receiving Spectrum Internet Service. Subject to the foregoing, Spectrum will, and Customer grants Spectrum permission to, attach, install, maintain, operate, and upgrade WiFi-related equipment, cables and devices (“WiFi Equipment”) on and within the Service Location. The WiFi Equipment will be operated by Spectrum, at no cost to Customer, in order to provide the WiFi Hotspot at the Service Location(s). Customer agrees to provide a standard power source for operation of the WiFi Equipment. b. Customer’s use of the WiFi Hotspot is subject to the following additional terms and conditions: i. The WiFi Hotspot made available at Service Location(s) may be accessed by Customer and its End Users through their Spectrum accounts for no additional charge. ii. To access the WiFi Hotspot, Customer and its End Users and patrons must have a WiFi-enabled device that meets the technical specifications for the WiFi Hotspot. iii. Customer grants Spectrum the right to advertise, market and otherwise promote Customer’s location(s) as a WiFi Hotspot access point(s), in any and all forms of media now known or hereafter developed, in Spectrum’s sole discretion, and Customer grants Spectrum a license to use Customer’s names, trademarks and logos in connection with such advertising, marketing and promotion. iv. Customer will not be entitled to receive any refunds or credits should the WiFi Hotspot be interrupted or fail, regardless of the length of time during which the WiFi Hotspot is unavailable. v. All WiFi Equipment constitutes Spectrum Equipment. Customer may not relocate or disconnect the WiFi Equipment. Spectrum Enterprise v.180530 CONFIDENTIAL Page 23 of 25 ©2016-18 Charter Communications. All Rights Reserved. 10. Hosting. Spectrum will provide to Customer Hosting Service in accordance with the specifications associated with the plan Customer has selected (the “Hosting Service”). a. Hosting Software. The Hosting Service will permit access to a variety of resources available from selected third parties, including developer tools, communication forums and product information (collectively, “Hosting Software”). The Hosting Software, including any updates, enhancements, new features, and/or the addition of any new Web properties, may be subject to and Customer shall comply with applicable product use rights/end user license agreements between such third parties and Customer. Notwithstanding anything to the contrary in the Terms of Service, Spectrum (not the manufacturer) shall provide technical support for Hosting Service, except that version changes of any such software compatibility or suitability with any other Customer provided software shall be Customer's responsibility. Customer hereby consents to the disclosure to the provider of third-party software, of Customer's name and any other necessary information for the limited purpose of licensing rights. b. Content Liability and Use Restrictions. Spectrum exercises no control over the content of the information passing through Customer's site(s) and it is Customer's sole responsibility to ensure that Customer and Customer's End Users use of the Hosting Service complies at all times with all applicable laws and regulations and the AUP. Spectrum shall have the right to disclose any and all available information collected from Customer to law enforcement authorities upon written request by such authorities. Information that may be disclosed includes IP addresses, account history, and files stored on servers used to provide the Hosting Service. If Customer engages in any of the following prohibited activities or if Customer’s use of the Hosting Service is causing an adverse impact on the Spectrum Network, Spectrum shall have the right to suspend or terminate the Hosting Services: i. Customer shall not use Hosting Service for or in connection with any high risk use or activity such as aircraft or other modes of human mass transportation, nuclear, or chemical facilities, or Class III medical devices under the Federal Food, Drug, and Cosmetic Act. ii. Copying or reproduction of the Hosting Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless approved in writing by Spectrum. iii. Hosting of unlicensed software. iv. Use of software or files that contain computer viruses or files that may harm computers. v. Any attempt or actual unauthorized access by Customer or through Customer Equipment to any Spectrum website or the website of any Spectrum customer. vi. The collection or any attempt to collect personally identifiable information of any person or entity without his, her or its express written consent. Customer shall maintain records of any such written consent throughout the Term of this Service Agreement and for three years thereafter. vii. Any action or inaction which is harmful or potentially harmful to the Spectrum server structure. viii. Running a banner exchange, free adult thumbnail gallery post and/or free adult image galleries on Customer’s website. ix. Inclusion of sites with material, links, or resources for hacking, phreaking, viruses, or any type of site that promotes or participates in willful harm to Internet sites, users or providers. c. Domain Names. Customer shall be solely responsible for registering for or renewing a desired domain name. Spectrum does not guarantee that Customer will be able to register or renew a desired domain name. d. Specification Limitations. Individual websites may not at any time exceed the hosting specifications for the Internet Service. If Customer's hosting account exceeds the applicable specifications or is adversely impacting Spectrum’s network or server(s), Spectrum may (i) contact Customer to resolve the issues; or (ii) suspend or terminate the Hosting Service if Customer has exceeded the then-applicable specifications in any given month. e. Limitation of Spectrum-provided Services. Certain services are not provided by Spectrum as part of the Hosting Service (e.g., Spectrum does not provide nor offer webpage creation, development, design or content services). f. Impositions on Customer's End Users. Customer is responsible for charging and collecting from its End Users any and all applicable taxes relating to use of the Customer site hosted by Spectrum. If Customer fails to impose and/or collect any tax from its End Users then, as between Spectrum and Customer, Customer shall be liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax. Customer shall indemnify and hold the Indemnified Parties harmless for any costs incurred or taxes or fees paid due to actions taken by the applicable taxing authority to collect any such tax from Spectrum due to Customer's failure to comply with this Section. 11. Desktop Security Service. Desktop Security Service is made up of software and hardware components. Spectrum is not the manufacturer or supplier of any software or hardware components of the Desktop Security Service. Spectrum shall update the Desktop Security Service from time-to-time based on manufacturer-provided updates. 12. Cloud Backup Service. a. Spectrum is not the manufacturer or supplier of any Cloud Backup Service software components. Customer shall be responsible for updating Cloud Backup Service from time-to-time based on updates provided by the software manufacturer, and any failure of Customer to perform such updates shall relieve Spectrum from any responsibility to ensure that Cloud Backup Service remains operational. Spectrum Enterprise v.180530 CONFIDENTIAL Page 24 of 25 ©2016-18 Charter Communications. All Rights Reserved. b. Customer understands and acknowledges that (1) it is Customer’s sole responsibility to create and retain the Cloud Backup Service password that is necessary for access to any data stored via the Cloud Backup Service and (2) Spectrum has no access to and does not know nor keep any record of the password created by Customer. Failure by Customer to retain Customer’s Cloud Backup Service password shall result in complete loss of accessibility to data stored via the Cloud Backup Service. Spectrum Enterprise v.180530 CONFIDENTIAL Page 25 of 25 ©2016-18 Charter Communications. All Rights Reserved. Attachment F Managed WiFi Service (“Managed WiFi Service”) Managed WiFi Service: If Customer elects to receive Managed WiFi Service, Spectrum will provide a managed WiFi solution with wireless access points (“WAPs”) deployed at the designated Service Location to enable designated users of the Customer’s choice to wirelessly access the Internet as more specifically set forth in a Service Order. Managed WiFi Service, or certain features, may not be available in all service areas and may change from time to time, in Spectrum’s sole discretion. Customer’s use of the Managed WiFi Service is subject to the following additional terms and conditions: 1. WiFi Equipment. Spectrum will, and Customer grants Spectrum permission to, attach, install, maintain, operate and upgrade WiFi-related equipment, cables and devices on and within Customer’s premises at the Service Location(s) identified in the applicable Service Order. 2. Internet Access. Spectrum may provide Managed WiFi Service to locations that use a centralized Internet access configuration where Spectrum will not be the primary Internet access provider if Customer purchases an Internet access Service for the sole purpose of providing Spectrum Enterprise out of bandwidth management (“OOB”). This OOB service would only provide connectivity to the Managed WiFi Service equipment (switches and controllers). 3. Connectivity to Local Area Networks. Configuration of the Managed WiFi Service will be as agreed in the WiFi questionnaire completed by the Parties. Managed WiFi Service may provide a separate SSID for employee Internet access if specified on the WiFi questionnaire. A second WLAN will be created on the wireless network with its own VLAN assigned. The aggregation switch will be configured to hand off an Ethernet Service port to Customer. In this scenario, network functions (DHCP and NAT, for example) may be handled by Customer’s LAN. Customer will need to train and engage Customer’s staff for all ongoing support issues. The Managed WiFi Service does not include support for connectivity to any device (printers, laptops, computers, routers, etc.). 4. Security Limitations. This Service does not include features such as: locked down access for the WAPs, single user name and logins for each WAP, logging, content filtering or intrusion detection systems. All Spectrum-authorized personnel and vendors will have access to log into the WAP devices on site. Spectrum is not responsible for security breaches that occur related to any SSIDs. Spectrum does not monitor the traffic on any SSIDs and Customer has the sole responsibility and obligation to monitor any traffic transmitted through use of the Managed WiFi Service to protect Customer’s and any user data. Spectrum can provide a non-broadcast SSID if specified on the WiFi questionnaire. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0831 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a Purchase Order to Polydyne Inc., of Riceboro, GA, for cationic dewatering polymer to be used at the City’s three Wastewater Reclamation Facilities (WRF) in the annual not-to-exceed amount of $915,000.00 with the option for three, one-year renewals, pursuant to ITB 17-23 Cationic Dewatering Polymer, and authorize the appropriate officials to execute same. (consent) SUMMARY: Purchasing issued Invitation to Bid (ITB) #17-23, Cationic Dewatering Polymer on April 19, 2023. One bid was received on May 18, 2023. Polydyne, Inc. of Riceboro, GA., represents the lowest responsive, responsible bidder. Polydyne is the current supplier of cationic dewatering polymer at all three Public Utilities WRFs. Polydyne, Inc. is the sole manufacturer and supplier of Clarifloc SE-1504, Clarifloc SE-1878, Clarifloc SE-1879, and Clarifloc SE-1880. All of these are specific polymers which have been tested and recommended for use in different process areas at the City's three Water Reclamation Facilities (WRFs) to thicken raw sludge and reduce the amount of water in the final dewatered cake, thereby reducing treatment, hauling and disposal costs. Biosolids must be processed daily at all three WRFs to meet Florida Department of Environmental Protection (FDEP) permit requirements. The term of the contract will be July 1, 2023, through June 30, 2024, with the option for three, one-year renewals. Renewal terms allow for cost increases based on Producer Price Index for WPU06790961, Chemicals and Allied Products: Water-Treating Compounds. Renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities operating cost centers 551700 Bulk Chemicals to cover the cost of the contract for FY23. Future fiscal year budgets will include funding for these expenses. Page 1 City of Clearwater Printed on 8/15/2023 July 7, 2023 NOTICE OF INTENT TO AWARD Public Utilities Department and the Procurement Division recommend award of ITB No. 17-23, Cationic Dewatering Polymer, to Polydyne, Inc. of Riceboro, Georgia, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated annual amount of $915,000.00, for the term of one (1) year, with three (3), one (1) year renewal options. This Award recommendation will be considered by the City Council at the July 31, 2023, Work Session (1:30 p.m.) and voted on at the August 3, 2023, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to Milisa Harris, Procurement Analyst at (727) 562-4511, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Milisa Harris Milisa Harris Procurement Analyst CITY OF CLEARWATER ITB # 17-23, CATIONIC DEWATERING POLYMER DUE DATE: May 18, 2023; 10:00 AM BID TABULATION SUMMARY ITEM DESCRIPTION Polydyne, Inc. 1 Chemical Plant Rd Riceboro, GA 31323 1 Cationic Dewatering Polymer for Marshall Street WRF RTD: STANDARD DELIVERY $38,325.00 2 Cationic Dewatering Polymer for Marshall Street WRF Belt Press: STANDARD DELIVERY $138,608.75 3 Cationic Dewatering Polymer for Marshall Street WRF Centrifuge: STANDARD DELIVERY $246,621.38 4 Cationic Dewatering Polymer for Northeast WRF RDT: STANDARD DELIVERY $30,021.25 5 Cationic Dewatering Polymer for Northeast WRF Belt Press: STANDARD DELIVERY $174,378.75 6 Cationic Dewatering Polymer for Northeast Centrifuge: STANDARD DELIVERY $259,268.63 7 Cationic Dewatering Polymer for East WRF RDT : STANDARD DELIVERY $26,827.50 8 Cationic Dewatering Polymer for Marshall Street WRF RTD: EMERGENCY DELIVERY $42,705.00 9 Cationic Dewatering Polymer for Marshall Street WRF Belt Press: EMERGENCY DELIVERY $154,449.75 10 Cationic Dewatering Polymer for Marshall Street WRF Centrifuge: EMERGENCY DELIVERY $274,806.68 11 Cationic Dewatering Polymer for Northeast WRF RDT: EMERGENCY DELIVERY $33,452.25 12 Cationic Dewatering Polymer for Northeast WRF Belt Press: EMERGENCY DELIVERY $194,307.75 13 Cationic Dewatering Polymer for Northeast Centrifuge: EMERGENCY DELIVERY $288,899.33 14 Cationic Dewatering Polymer for East WRF RDT: EMERGENCY DELIVERY $29,893.50 Total Bid Items 1 – 14:1,932,565.50$ NOTE: Items with a star ( ) indicates intent to award. POLYMER 1 1) Polydyne, Inc. 1 Chemical Plant Rd Riceboro, GA 31323 (800)848-7659 ADVERTISED: TAMPA BAY TIMES 04.26.23 POSTED:myclearwater.com 04.19.23-05.18.23 FOR THE CITY OF CLEARWATER Due/Opening: May 18, 2023; 10:00 a.m. INVITATION TO BID No. 17-23 CATIONIC DEWATERING POLYMER Solicitation Response Listing Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0903 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve Change Order 2 to Poole and Kent Company of Florida, in Tampa, FL, for Marshall Street Water Reclamation Facility (MS WRF) Process Control Gates Repairs (City Project 18-0047-UT) in the amount of $287,416.00, increasing the contract amount to $3,765,152.02 and extend project completion by 270-days from July 3, 2023 through April 8, 2024; approve Supplemental Work Order 3 to Engineer of Record (EOR) Brown and Caldwell in the amount of $351,570.00 for additional engineering services during construction, increasing the work order total to $784,128.00; and authorize the appropriate officials to execute same. (consent) SUMMARY: The MS WRF Process Control Gates project involves replacing existing slide gates within aeration basins 4 through 13. While the basins are isolated and drained for gate replacement, all accumulated grit is removed, damaged or missing elements of the diffused air system replaced, and structural defects within the basins repaired. June 16, 2022, City Council approved a construction contract to Poole and Kent Company of Florida for the MS WRF Process Control Gates Repairs in the amount of $3,161,578.20, pursuant to Invitation to Bid (ITB) 18-0047-UT. On July 10, 2023, City Manager approved Change Order 1 to Poole & Kent in the amount of $316,157.82, increasing the contract total to $3,477,736.02, due to an increase in required concrete structural repairs. Change Order 2 to Poole & Kent in the amount of $287,416.00 is to replenish available project contingency, increasing the contract total to $3,765,152.02. In addition, approval is needed to extend the construction period by 270 days. The increase is mainly due to delays related to ordering, manufacturing, and delivering the replacement control gates. Supplemental Work Order #3 to Brown and Caldwell, in the amount of $351,570.00, is for additional engineering services associated with the extended construction period. The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining the MS WRF. APPROPRIATION CODE AND AMOUNT: 3217321-546700-96213 $ 287,416.00 3217321-530100-96213 $ 351,570.00 Funds are available in capital improvement project 96213, Marshall Street Upgrade Rollup, to fund the contract and supplemental work order. Page 1 City of Clearwater Printed on 8/15/2023 CONSULTANT WORK ORDER MS WRF Process Control Gates Repairs (FDEP) Brown and Caldwell 18-0047-UT City of Clearwater Consultant Work Order Page 1 of 7 Revised: 6/26/2023 CONSULTANT SUPPLEMENTAL WORK ORDER 3 Date: 7/13/2023 1. PROJECT INFORMATION: Project Title: MS WRF Process Control Gates Repairs (FDEP) City Project Number: 18-0047-UT City Plan Set Number: 2019036 Consultant Project Number: 153328 2. SCOPE OF SERVICES: The Consultant has been requested to provide engineering services during construction for improvements to address deficiencies identified by FDEP in an August 7, 2018, letter for the Marshall Street Water Reclamation Facility (MS WRF). The improvements within the letter identify gate actuator repairs/replacement within the secondary settlement tanks. During the gate replacement effort, the work also requires the aeration tanks to be isolated/drained, grit to be removed, structural repairs to the concrete tanks, the diffused air system (inclusive of only the diffusers and connecting piping) to be evaluated and repaired, the tank drains to be repaired (assuming this can be accomplished by gravity flow), and the basins’ effluent weirs to be repaired to working order. Construction Phase Services were added as part of Supplemental Work Order #2 (SWO 2). As a result of equipment and material availability, the City’s construction contractor has requested to extend their construction contract ending May 2024. As a result, the Consultant has been requested to extend their construction phase services. I. PRE-DESIGN PHASE: Completed per initial work order. II. DESIGN PHASE: Completed per initial work order. III. FINAL DESIGN PHASE: Completed per initial work order. IV. BIDDING PHASE: Completed per initial work order. CONSULTANT WORK ORDER MS WRF Process Control Gates Repairs (FDEP) Brown and Caldwell 18-0047-UT City of Clearwater Consultant Work Order Page 2 of 7 Revised: 6/26/2023 V. CONSTRUCTION PHASE: Phase 400 Construction Project Management Phase Task 401 Constr. Management Plan, Field HASP, and Quality Management Plan Completed per Supplemental Work Order 2. Task 402 Progress Reports and Invoices The budget in Attachment A reflects additional progress reporting and invoices, resulting from the extension of the construction schedule. Task 403 Project Coordination a. Consultant will coordinate with City and Contractor for schedules, construction activities, daily documents, miscellaneous communication, and project updates. The budget in Attachment A reflects additional project coordination, resulting from the extension of the construction schedule. b. Internal coordination regarding construction milestones, City schedules and miscellaneous project updates based on direction received from the City. The budget in Attachment A reflects additional activities, resulting from the extension of the construction schedule. Task 404 Bi-Monthly Contractor Project Meeting Consultant will coordinate with City and Contractor for nine (9) Bi-Monthly meetings to review the project status of schedule, construction activities, submittals, RFIs, change orders, and other project updates. Consultant will prepare a meeting agenda and summary for each meeting. Phase 500 Construction Services Task 501 The Consultant’s resident project representative (RPR) will conduct daily site visits to witness and observe the Contractor’s efforts are consistent with the design documents. Each site visit is assumed to be up to a full 8-hour day as warranted. The RPR will monitor and document site observations with pictures and a daily report. Daily reports will include a brief summary of the work completed, equipment used, quantity of materials installed or removed and photographs as necessary. The Consultant’s RPR will be extended 270 calendar days per the contractor’s requested contract extension. The RPR will not direct, authorize or supervise the contractor. Witnessed concerns will be identified to the City, should action be necessary in the opinion of the Consultant. City will direct the Contractor regarding all operational decisions as it relates to construction impacts to the treatment process. The RPR will coordinate with the City’s Project Manager during construction to assist in technical clarifications of the conformed documents and the scope of work. Task 502 As of 6/15/2023, Consultant had reviewed 35 submittals, including 5 RFIs. This effort also includes the contractor’s request for alternate gates. The budget in Attachment A is to review ten (10) additional submittals, including RFIs. CONSULTANT WORK ORDER MS WRF Process Control Gates Repairs (FDEP) Brown and Caldwell 18-0047-UT City of Clearwater Consultant Work Order Page 3 of 7 Revised: 6/26/2023 Task 503 No change from SWO 2. Task 504 No change from SWO 2. Task 505 The Consultant will review Contractor’s measurements and quantities for each pay application. SWO 2 assumes approximately 10 additional pay applications. Task 506 No change from SWO 2. Task 507 No change from SWO 2. Task 508 The Consultant will prepare a project catalog which will include the following items, as appropriate: data requests, assumptions, correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports (daily logs), regulatory correspondence, design plans, conformed plans, change orders, field orders, RFIs, work change directives, field photos, addenda, shop drawing and progress submittals, as- builts, record drawings, and other project-related documents. The budget in Attachment A reflects additional documentation resulting from the extension of the construction schedule. Task 509 No change from SWO 2. Task 510 No change from SWO 2. 3. PROJECT GOALS: BC will perform Construction Services during the construction of the subject project. BC will develop the following documents during the Construction phase: - Daily Construction Reports developed during site visits, PDF - QA/QC Correspondence - Project Catalog - Record Drawings 4. FEES: See Attachment “A” This price includes all labor and expenses anticipated to be incurred by Brown and Caldwell for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed three hundred fifty one thousand, five hundred seventy dollars ($351,570). Rates used for Method “A” are from the 2019 Agreement for Professional Services entered into on the 27th day of June 2019. 5. SCHEDULE: Project construction will depend on Contractor’s timeline. Based on Contractor’s most recent schedule, it is assumed that construction will continue through the end of May 2024 and Project close out documents from the Consultant through the end of August 2024. CONSULTANT WORK ORDER MS WRF Process Control Gates Repairs (FDEP) Brown and Caldwell 18-0047-UT City of Clearwater Consultant Work Order Page 4 of 7 Revised: 6/26/2023 6. STAFF ASSIGNMENT (UPDATED): Brown and Caldwell: Todd Bosso, PE – Officer-in-Charge Tonya Simmons, PE – Senior Project Manager Adarsh Shaw, PE – Associate Principal, Structural Engineer Rhona Gonzalez – Fiscal/Accounting, Project Analyst City of Clearwater: Adrian Gonzalez - Project Manager Ryan Alexander – Public Utilities Site Representative Michael Flanigan – Public Utilities Assistant Director Jeremy J. Brown, PE - Utilities Engineering Manager Richard G. Gardner, PE - Public Utilities Director 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to Consultant’s Project Manager. All City project correspondence shall be directed to the Project Manager, with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. Consultant shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. Consultant shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. Consultant acknowledges that all City directives shall be provided by the City Project Manager. A health and safety plan must be submitted and approved by the Project Manager prior to conducting any fieldwork/site visits. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. CONSULTANT WORK ORDER MS WRF Process Control Gates Repairs (FDEP) Brown and Caldwell 18-0047-UT City of Clearwater Consultant Work Order Page 5 of 7 Revised: 6/26/2023 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: 3217321-530100-96213 For work performed, invoices shall be submitted monthly to: ATTN: Public Utilities Department CITY OF CLEARWATER, PUBLIC UTILITIES PO BOX 4748 CLEARWATER, FLORIDA 33765-1945 Email: PUEngineering@MyClearwater.com Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. 5. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes (2016), where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. CONSULTANT WORK ORDER MS WRF Process Control Gates Repairs (FDEP) Brown and Caldwell 18-0047-UT City of Clearwater Consultant Work Order Page 6 of 7 Revised: 6/26/2023 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progres s reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 4. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 12. SPECIAL CONSIDERATIONS: Consultant’s scope of services, budget, and schedule assume the following: 1. The scope of work and budget assumes that record drawings are accurate and field verification will not be provided as a part of this scope of work. 2. The City will provide equipment and manpower necessary to assess the approximate grit depth with the secondary settlement tanks. The Consultant will witness and assist in the data collection. 3. Bidding Services and solicitation of quotes to perform the scope of work will be performed by the City. 4. No electrical or instrumentation and control disciplines are required for this project. 5. No civil/stormwater improvements are required or included in this scope of work. 6. No Building Department permitting services will be required. CONSULTANT WORK ORDER MS WRF Process Control Gates Repairs (FDEP) Brown and Caldwell 18-0047-UT City of Clearwater Consultant Work Order Page 7 of 7 Revised: 6/26/2023 7. No structural evaluation of the existing tanks will be performed. 8. No infrastructure assessment will be performed. 9. Surveying, Subsurface Utility Engineering, and Geotechnical Services are not included. 10. No Permit Application or related work is included. 11. No confined space entry. 12. The City will prepare all contract documents and bid advertisements and provide City standard specifications for the Consultant to reference and amend (Section IVA) Division 1 through 17 as needed. 13. No record drawings will be provided. 13. SIGNATURES: PREPARED BY: APPROVED BY: Todd Bosso, PE Richard Gardner, P.E. Officer-in-Charge Director, Public Utilities Brown and Caldwell City of Clearwater Date Date ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE MS WRF Process Control Gates Repairs (FDEP) Brown and Caldwell 18-0047-UT City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 2 Revised: 6/26/2023 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total 100 Pre-Design (Completed per Initial Work Order) 101 Project Management $ - $ - $ - 102 Progress Report and Invoices $ - $ - $ - 103 Project Coordination $ - $ - $ - 104 Meetings $ - $ - $ - Pre-Design Phase Total: $ - 200 Final Design Phase (Completed per Initial Work Order and Supplemental Work Order 1) 201 30% Design $ - $ - $ - 202 60% Design $ - $ - $ - 203 90% Design $ - $ - $ - 204 Final Design $ - $ - $ - 205 FDEP Response Letter $ - $ - $ - 206 Contingency $ - $ - $ - 207 Contingency $ - $ - $ - Final Design Phase Total: $ - 300 Bidding Phase (Completed per Initial Work Order and Supplemental Work Order 1) 301 Pre-Bid Meeting $ - $ - $ - 302 Addenda $ - $ - $ - 303 Conformed Documents $ - $ - $ - 304 Recommendation $ - $ - $ - Bidding Phase Total: $ - ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE MS WRF Process Control Gates Repairs (FDEP) Brown and Caldwell 18-0047-UT City of Clearwater Consultant Work Order – Project Fees Table Page 2 of 2 Revised: 6/26/2023 Task Description Subconsultant Services Labor Total 400 Construction Management Phase 401 Constr. Mng, HASP, Qual. Mng. Plan $0 $0 $0 402 Progress Report Invoices $0 $15,020 $15,020 403 Project Coordination $0 $19,233 $19,233 404 Bi-Monthly Contractor Project Meeting $0 $11,700 $11,700 Construction Management Phase Total: $45,953 500 Construction Services 501 Field Activities $0 $145,678 $145,678 502 RFIs and Submittals $0 $84,827 $84,827 503 Progress Meetings $0 $0 $0 504 Change Orders $0 $0 $0 505 Pay Application Review $0 $5,747 $5,747 506 Record Drawings $0 $0 $0 507 Subst. & Final Compl. Walkthrough $0 $0 $0 508 Project Catalog $0 $1,780 $1,780 509 QAQC $0 $0 $0 510 Estimate for Demolished Equipment $0 $0 $0 Construction Services Total: $238,032 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $283,985 600 Contingency (10%) $28,399 700 Other Direct Costs (Inspector Vehicle, Food, and Lodging) $39,186 GRAND TOTAL: $351,570 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES MS WRF Process Control Gates Repairs (FDEP) Brown and Caldwell 18-0047-UT City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 6/26/2023 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. MS WRFProcess Control Gates Repairs 18-0047-UT N BETTY LN H A R B O R D R ROLLEN RD OVERBROOKAVEDOUGLAS AVE HOLT AVE MARSHALL ST ENGMAN ST N MARTIN LUTHER KING, JR. AVE FULTON AVE PINELAND DR RUSSELL ST PALM BLUFF ST FAIRBURN AVE SYLVAN DR SANDY LN CARLTON ST S T E V E N S O NDR CLAIRE DR OVERLEA ST TERRACE RD FAIRMONT ST N WASHINGTON AVE WEST AVE SPRINGDALE ST BROOK RD N MADISON AVE TAFT AVE NMISSOURIAVEDOUGLAS AVE N MADISON AVE ENGMAN ST FA IR MONT ST LASALLE ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: MS WRF Process Control Gates RepairsProject Number: 18-0047-UT Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\MS WRF Process Control Gates Repairs 18-0047-UT.mxd Page: 1 of 1DNReviewed By:CRMMap Gen By:04/29/2022Date:269BGrid #:10-29s-15eS-T-R: Legend MS WRF PROJECT AREAS Poole and Kent Company of Florida 1715 W Lemon Street Tampa, Florida 33606 Phone: 813.251.2438 Fax: 813.253.2515 June 20, 2023 Ivan Tamayo City of Clearwater RE: City of Clearwater, MSWRF Process Control Gate Repairs Time Extension Request Project No. 18-0047-UT/Poole & Kent Project No. #22702 City of Clearwater, Poole & Kent is requesting a time extension on the MSWRF Process Control Gate Repairs project in the amount of 270 calendar days. This would move the Substantial Completion Date from 7/3/23 to 4/8/24. We’re requesting this time extension due to the following delays caused by the submittal and PCO review process listed below: - Rodney Hunt FRP Slide Gate submittal review process - P&K PCO #1 Duct Bank This submittal process went back and forth for months under the EOR and Cities review, then back to Rodney Hunt for clarification and additional information. Every submittal review received less comments as Rodney Hunt continued to demonstrate they are an approved “as equal”. The final outstanding comment that led Brown and Coldwell and the City to reject Rodney Hunt were references showing experience and similar operations. Plastic Fab Gates have been ordered, awaiting submittals and delivery dates. Poole & Kent discovered a duct bank in line with the new Aeration Basin drain to be installed and a RFI was submitted accordingly. As instructed, a PCO was provided for this unforeseen task and is still under review with City Staff. Without direction on how to proceed, this task remains incomplete. With all the information provided above, Poole & Kent along with our subcontractors, are working expeditiously to complete all activities and move forward with the remaining work inside the Aeration Basins. We’re currently completing all necessary work regarding Aeration Piping, Diffuser Heads, Structural Concrete T Beam Repair and Grit Removal. Poole & Kent will complete each basin as soon as possible so the city has complete operation of all Aeration Basin’s excluding the FRP Slide Gates and Drain Line. If you have any questions, please feel free to contact me at 813-778 - 4297. Sincerely, Poole & Kent Company of Florida Zac Scales Project Manager Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0959 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a Purchase Order(s) to Ferguson Waterworks of Tampa, FL and Fortiline, Inc. of Tampa, FL, for ductile iron pipes, fittings, mechanical joint restraints, and polyethylene tubing in the cumulated annual not-to-exceed amount of $386,000.00 for the term August 18, 2023, to August 17, 2024, with two, one-year renewal options pursuant to ITB 25-23 Ductile Iron Pipes, Fittings, Mechanical Joint Restraints, and Polyethylene Tubing and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #25-23, Ductile Iron Pipes, Fittings, Mechanical Joint Restraints and Polyethylene Tubing was issued on May 31, 2023. Three bids were received; however, one bid did not meet the requirements outlined in the solicitation. Ferguson Waterworks and Fortiline, Inc. represent the lowest responsive, responsible bidders in accordance with the bid specifications. For placing orders, the primary award is as follows: Feguson Waterworks: Restraining Adapters, Gaskets, and Glands, Group 2 Clamps and Couplings, Group 4 Ductile Iron Pipe, Group 7 Fortiline, Inc.: Ductile Iron Pipe Fittings, Group 1 Large Valves, Group 3 Tapping Saddles and Sleeves, Group 5 Meter and Valve Boxes, Group 6 Service Tubing, Group 8 These parts are stocked in the Public Utilities Warehouse to have them on-hand for use in the field. To ensure continuity of supply, staff is requesting flexibility to use the secondary vendor should the primary vendor be unable to provide the requested items. The initial contract period will be 8/18/2023 - 8/17/2024, with the option for two, one-year renewals. Renewal terms allow for cost increases based on the Producer Price Index #101 Iron and Steel; renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY23 are available in Public Utilities’ cost centers, cost code 550400 Operating Supplies and Materials. Page 1 City of Clearwater Printed on 8/15/2023 File Number: ID#23-0959 Funding for future fiscal years will be requested within contract calendar and spending limits. Page 2 City of Clearwater Printed on 8/15/2023 July 25, 2023 NOTICE OF INTENT TO AWARD Public Utilities and the Procurement Division recommend award of ITB No. 25-23, Ductile Iron Pipes, Fittings, Mechanical Joint Restraints, and Polyethylene Tubing, to Ferguson Waterworks of Tampa, FL and Fortiline, Inc. of Tampa, FL, the lowest most responsible bidders, in accordance with the bid specifications, in the estimated annual amount of $386,000.00 for the term August 18, 2023, to August 17, 2024, with two (2), one (1) year renewal options. The recommended award is as follows: Ferguson Waterworks: Restraining Adapters, Gaskets, and Glands, Group 2 Clamps and Couplings, Group 4 Ductile Iron Pipe, Group 7 Fortiline, Inc.: Ductile Iron Pipe Fittings, Group 1 Large Valves, Group 3 Tapping Saddles and Sleeves, Group 5 Meter and Valve Boxes, Group 6 Service Tubing, Group 8 This Award recommendation will be considered by the City Council at the August 14, 2023, Work Session (1:30 p.m.) and voted on at the August 17, 2023, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to Milisa Harris, Procurement Analyst, at (727) 562-4511, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Milisa Harris Milisa Harris Procurement Analyst CITY OF CLEARWATER ITB # 25-23, Ductile Iron Pipes, Fittings, Joint Retraints, and Polyethylene Tubing DUE DATE: June 30, 2023; 10:00 AM BID TABULATION Group No Description Ferguson US Holding Inc./Feguson Enterprises LLC d/b/a Ferguson Waterworks 8008 E. Sligh Ave. Tampa, FL 33610 Fortiline Inc. d/b/a Fortiline Waterworks Tampa Branch 1031 S 86th Street Tampa, FL 33619 Total Price Total Price 1 Ductile Iron Pipe Fittings $66,750.39 $61,203.41 2 Restraining Adapters, Gaskets, and Glands $18,587.09 $27,201.26 3 Large Valves $110,270.20 $106,972.69 4 Clamps and Couplings $39,174.81 $47,358.76 5 Tapping Saddles and Sleeves $52,618.30 $49,858.27 6 Meter and Valve Boxes $98,761.82 $90,072.81 7 Ductile Iron Pipe $13,833.90 - 8 Service Tubing $7,456.00 $5,943.00 TOTAL:$407,452.51 $388,610.20 NOTE: There were no submittals received by Certified Small Business, Minority, Woman or Disadvantaged Business Enterprise Certifying Agencies on this Invitation to Bid. REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award. Page 1 of 1 1) Core & Main LP 2) Ferguson US Holdings Inc. 6525 US Highway 301 d/b/a Ferguson Waterworks Tampa, FL 33610 8008 E. Sligh Ave Tampa, FL 33610 3) Fortiline Inc. d/b/a Fortiline Waterworks 1031 S 86th Street Tampa, FL 33619 ADVERTISED: TAMPA BAY TIMES 5/31/2023 POSTED:myclearwater.com 5/31/2023 - 6/30/2023 FOR THE CITY OF CLEARWATER Due/Opening: June 30, 2023; 10:00 a.m. INVITATION TO BID No. 25-23 Solicitation Response Listing Ductile Iron Pipes, Fittings, Mechancial Joint Restraints, and Polyethylene Tubing Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0945 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Authorize the purchase of vehicles (heavy and light duty) and equipment in the not-to-exceed amount of $10,097,700.00, budgeted in the Fiscal Year (FY) 24 budget, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Piggyback or Cooperative Purchasing, 2.563(1)(d) Non-competitive purchases, and 2.561(5) Small Purchases; declare the vehicles and equipment being replaced as surplus and authorize for disposal at auction or trade-in, whichever is in the best interest of the City, pursuant to Clearwater Code of Ordinances Sections 2.623(6), (7)(c), (7)(e), and (8); authorize lease purchase under the City's Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interest and authorize the appropriate officials to execute same. (consent) SUMMARY: The Fleet Division is requesting a consolidated expenditure authorization in the not -to-exceed amount of $10,097,700.00 for the acquisition of vehicles and equipment per attached spreadsheet. New purchases are to replace designated units due for replacement in FY 24, which have reached the end of their useful and economic life. Factors used to determine the end of useful and economic life include, but are not limited to age, life to date, mileage /hours of operations, historical maintenance cost as compared to like vehicles, operating cost per mile/hour, anticipated and ongoing repairs, and physical condition. Due to delays in manufacturing, the Fleet Department is requesting to begin procurement of the vehicles and equipment on the FY24 Vehicle Replacement ahead of the FY24 budget that starts October 1, 2023. Authorization is requested to piggyback off the following contracts, pursuant to Clearwater Code of Ordinance Section 2.563(1)(c): Florida Sheriffs Association (FSA), a purchasing cooperative in the State of Florida o Contract #FSA22-VEL30.0, Pursuit, Administrative and Other Vehicles - valid through September 30, 2023. o Contract #FSA22-VEH20.0, Heavy Trucks - valid through September 30, 2023. o Contract #FSA20-EQU18.0, Heavy Equipment - valid through September 30, 2023. o Contract #FSA23-TOY1.0-Toyota-valid through September 30, 2023. §There are anticipated renewals on all contracts. ·Omnia Partners (Omnia), the largest cooperative purchasing organization for public sector procurement. o Contract #EV2671-01 Utility, Transportation, and Golf Vehicles valid through December 31, 2026. ·Sourcewell (formerly NJPA), a purchasing cooperative operating under legislative authority in the State of Minnesota. o Contract #060920-NAF, Class 4-8 Chassis with Related Equipment - valid Page 1 City of Clearwater Printed on 8/15/2023 File Number: ID#23-0945 through August 1, 2024. o Contract #091521-NAF, Cars, Trucks, Vans, SUVs, Cab Chassis & Other Vehicles - valid through November 8, 2025 o Contract # 020923-FCC- Portable construction equipment - valid through April 20, 2027. ·State of Florida, Department of Management Services, cooperatively bids requirements of agencies throughout Florida. o Contract #25100000-23-STC, Motor Vehicles valid through May 16, 2025. o Contract # 25101600-21-STC, Medium and Heavy Trucks - valid through September 30, 2026. o Contract # 25101900-21-STC, Agriculture and Lawn Equipment - valid through December 31, 2023. o Contract # 22100000-21-STC, Construction and Industrial Equipment - valid through June 30, 2024. Authorization to add additional piggyback contracts is requested as needed to ensure the City is receiving the most competitive pricing for vehicles and equipment which will be monitored by the Procurement Division. Authorization to procure optional features not included on the piggyback contract, as impractical, due to delay in receipt of vehicle and/or equipment, possible void of warranty for after-market items, manufacturer delay in receiving parts, etc., pursuant to Clearwater Code 2.563(1)(d). Typically, when procuring optional features through the dealership, these features are priced below Manufacturer Suggested Retail Price (MSRP). This will be monitored for compliance by the Procurement Division. While most of the vehicles and equipment are procured through piggyback contracts, for those that do not fall under this category, authorization is requested to procure these vehicles and equipment through competitive quotes pursuant to Section 2.561(5) Small Purchases, purchases under $50,000.00. This will be monitored for compliance by the Procurement Division. Once the new vehicle is road ready (graphics, accessories or upfitting, etc.) and equipment has been upfitted, appropriate vehicles and equipment designated for surplus authorization will be transferred to Tampa Machinery Auction. APPROPRIATION CODE AND AMOUNT: Funding for vehicle replacements and purchases are included in the proposed fiscal year 2023/24 operating and capital budget in the following funds/projects: Fund/Project Amount 010 General Fund 1,672,000 L/P 421 Public Utilities 1,175,000 L/P 423 Gas 33,000 L/P 424 Solid Waste 3,970,000 L/P 426 Recycling 145,000 L/P 555 Customer Service/IT 73,000 L/P TOTAL: L/P Replacements (L1910) 7,068,000 Penny Funds (315-94238) 195,000 Cash Garage Fund (315-94233) 179,500 Cash Library (L2301) 41,000 L/P Parks (01018xx) 97,000 Cash Police (181-93350) 108,000 Cash Page 2 City of Clearwater Printed on 8/15/2023 File Number: ID#23-0945 Police (L2301) 30,000 L/P Solid Waste (L2301) 459,600 L/P Public Works (C1908)1,247,600 L/P Public Utilities (L2301) 350,000 L/P Parks (L2301) 322,000 L/P TOTAL: Cash Replace/New Adds 3,029,700 L/P Total 23/24 Vehicle Replacement Budget 10,097,700 Total for 22/23 Vehicle Replacement Budget 9,056,200 Budget Change 23/24 vs. 22/23 1,041,500 Budget Increase/Decrease 11.50% Page 3 City of Clearwater Printed on 8/15/2023 State Term Contract No. 25101900-21-STC Agriculture and Lawn Equipment Page 1 of 2 This Contract is between the State of Florida, Department of Management Services (Department), an agency of the State of Florida, and Wesco Turf, Inc. (Contractor), collectively referred to herein as the “Parties.” Accordingly, the Parties agree as follows: I. Initial Contract Term. The Initial Contract Term shall be for three (3) years. The Initial Contract Term shall begin on January 1, 2021, or on the last date it is signed by all Parties, whichever is later. The Contract shall expire on December 31, 2023, unless terminated earlier in accordance with the Special Contract Conditions. II. Renewal Term. Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, for a Renewal Term not to exceed the Initial Contract Term, pursuant to the incorporated Special Contract Conditions. III. Contract. As used in this document, “Contract” (whether or not capitalized) shall, unless the context requires otherwise, include this document and all incorporated Attachments, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Contract must be in writing and signed by all Parties. All Attachments listed below are incorporated in their entirety into, and form part of, this Contract. The Contract Attachments shall have priority in the order listed: a) Attachment 2, Scope of Work b) Attachment 7, Contractor’s Submitted Product Group Discount Sheet (Attachment C) from ITB No. 20-25101900-ITB) c) Attachment 8, Contractor’s Submitted MSRP List d) Attachment 5, Preferred Pricing Affidavit e) Attachment 6, Contractor’s Submitted Price Sheet f) Attachment 1, Special Contract Conditions g) Attachment 3, Price Quote Form h) Attachment 4, Acknowledgement of Order DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 2 of 2 IV. Contract Management. Department’s Contract Manager: Shaveon Nelson Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 370.1X Tallahassee, Florida 32399-0950 Telephone: (850) 922-1214 Email: Shaveon.Nelson@dms.fl.gov Contractor’s Contract Manager: Frank Pittman Wesco Turf, Inc. 2101 Cantu Court Sarasota, FL 34232 Telephone: (941) 487-6834 Email: Frank.Pitman@wescoturf.com IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes the incorporated Attachments, to be executed by their undersigned officials as duly authorized. This Contract is not valid and binding until signed and dated by the Parties. Wesco Turf, Inc. STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ [Name] Tami Fillyaw, Chief of Staff _____________________________ _______________________________ Date: Date: DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 1/12/2021 | 3:50 PM PST Frank Pitman 1/15/2021 | 10:11 AM EST SP approved version 7‐1‐2019 1  ATTACHMENT 1 SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2  SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2  SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3  SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4  SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6  SECTION 6. MISCELLANEOUS. ................................................................................................................. 7  SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9   SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL  PROPERTY. ............................................................................................................................................. 10  SECTION 9. DATA SECURITY. ................................................................................................................. 12  SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13  SECTION 11. CONTRACT MONITORING. ............................................................................................... 14  SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15  SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16  SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17  In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 2  SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 3  SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 4  3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 5  Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 6  AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 7  Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 8  Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 9  6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.   7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 10  All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security.   7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 11  The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 12  responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 13  The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 14  SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 15  The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 16  12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 17  (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 1 of 16 Attachment 2 Scope of Work 1. Purpose To provide Customers with Agriculture and Lawn Equipment on a statewide basis, pursuant to the terms set forth in this Scope of Work. 2. Definitions Accessory(ies) – A part or object used for convenience, attractiveness, safety, etc. to improve Base Equipment capability which meet the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by the Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry. Base Equipment – A Manufacturer’s Base Agriculture and Lawn Equipment without the inclusion of OEM or Non-OEM Options, Parts, Accessories, and Implements. Base Equipment may be identified by a combination of the Manufacturer’s name, trade name, brand name, make name, model name, model number or catalog number. Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m. at the Customer’s location. Commodity(ies) – As defined in section 287.012 F.S. Commodities may include Base Equipment; OEM and Non-OEM Options, Parts, Accessories, and Implements; and other products available through this Contract. Commodities may also be referred to throughout as “Agriculture and Lawn Equipment”. Commodity Code – The State’s numeric code for classifying Commodities which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying Commodities. Contract – The written agreement between the Department and the Contractor. Contractor – A Vendor that enters a Contract with the Department as a result of the ITB. Customer – A state agency or eligible user. Dealer – A Manufacturer’s certified representative who has been authorized by the Manufacturer to market, sell, provide, and service the Commodities of the Manufacturer that are responsive to the Contract. Dealers may be Contractor-owned and -controlled (in whole or in part), or independently owned and controlled. Department – The Department of Management Services, a State Agency. Group – A series of Commodities with applicable Commodity Codes which are described in the Product Group Discount Sheet. A Group may or may not include Sub-Groups. Implement(s) – A tool, utensil, or other piece of equipment, especially as used for a particular purpose or to improve Base Equipment capability which meet the requirements, specifications, DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 2 of 16 terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by the Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry. Manufacturer – The producer or provider of Agriculture and Lawn Equipment which possess the minimum quality, reliability, service, and value required by the Department and Customers. May be used interchangeably with Brand Name. Manufacturer’s Suggested Retail Price (MSRP) – The MSRP represents the Manufacturer’s recommended retail selling price, list price, published price, or other usual and customary price that would be paid by the Customer for specific Commodities without the benefit of a Contract resulting from this solicitation. It must be publicly listed, available, and verifiable by the Department. MSRP Credit – The MSRP price of OEM and Non-OEM Options, Parts, Accessory(ies) or Implements that are deducted from the Base Equipment price paid by the Customer if removed from the Base Equipment. MSRP List – The Manufacturer’s Suggested Retail Price List, a collection of MSRPs and related information broken down by specific Commodities. In the priority listed below, only the following are acceptable sources of current and revised MSRPs and MSRP Lists for use under the resulting Contract: • Manufacturer’s Annual U.S. Price Book, • Manufacturer’s official website or dealer software; and • Autodata, Inc. d/b/a Chrome Data’sTM Carbook Pro Fleet Edition. Net Price – The final price paid by the Customer after applying all MSRP discounts and MSRP Credits. The Net Price for Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components shall include all charges for the Commodity, including but not limited to packing, handling, freight, distribution, transportation, startup, pre-delivery, delivery, inspection, installation, construction, assembly, title, and registration. Additional charges for a Commodity shall not be charged outside of the Net Price unless expressly provided within the Scope of Work. Non-OEM – Produced by a manufacturer or party other than the OEM. Options – Options requested by the Customer specifically for the Agriculture and Lawn Base Equipment which meet the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by the Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry. Original Equipment Manufacturer (OEM) – The original Manufacturer of a Commodity. Parts – Repair or service parts for Base Equipment which meet the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by the Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 3 of 16 Sub-Group – A specific series of Commodities within a Group which are described in the Product Group Discount Sheet. A Group may or may not include Sub-Groups. State – The State of Florida. 3. Scope of Work 3.1 Commodity Specifications and Standards All Commodities, including all Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components, shall meet the following minimum requirements: 1. All Commodities shall be designed, constructed, equipped, assembled (except as specified in the Transportation and Delivery section), and installed to be fully suitable for their intended use, purpose, and service. The Contractor is not required to install Parts purchased by the Customer unless specifically agreed to by the Customer and Contractor; 2. All Commodities shall be new and unused (except as specified in the Transportation and Delivery section), for the current Manufacturer’s model year or later, of current or recent production, and of the latest design and construction; 3. All Commodities shall be biodiesel (B-20), compressed natural gas (“CNG”), diesel, electric, gasoline (E-10 to E-85), liquefied petroleum gas (“LPG”), natural gas, or propane powered. 4. All Commodities shall include all OEM standard features, equipment, and components, Manufacturer or Dealer installed according to the Manufacturer’s standard procedures, requirements, and specifications; 5. All Commodities shall be free of damage and / or rust which may affect appearance or serviceability; 6. All Commodities shall be professionally designed, manufactured, installed, and serviced pursuant to the industry standard of care; 7. All Commodities shall comply with required state and federal laws, including but not limited to: motor vehicle, mobile equipment, safety, and environmental laws; and 8. All Commodities shall meet the requirements, specifications, terms, and conditions herein. Contactor shall ensure that no Contractor or Dealer advertising or identification (name, logos, etc.) is on the Commodities, including Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components. Manufacturer advertising or identification (name, model, logos, etc.) shall be permitted on the respective Commodities if such advertising or identification is a Manufacturer’s standard on the specific Commodity. The Department, in its sole discretion, shall determine what is Contractor or Dealer advertising or identification, what is Commodity Manufacturer’s advertising or identification, and what advertising or identification is acceptable. The Contractor shall be responsible for removing, without damage, all unacceptable advertising or identification. The Contractor may engage Dealers in accordance with the terms herein to provide sales and support for the awarded Commodities offered under this Contract. In the event the Contractor elects to use Dealers, the Contractor shall remain fully accountable for ensuring that the Dealer complies with the terms of this Contract. In the event the Dealers fail to comply with the terms of this Contract, the Contractor shall remain fully liable. The DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 4 of 16 Contractor shall ensure that Dealers remain current with the Contractor’s authorized Commodities and MSRP List. The Contractor shall remain responsible for receiving purchase orders and shall remain responsible for invoicing the Customer for payment. All invoices shall remain in the name of the Contractor. The Contractor may not utilize Dealers until receiving express authorization from the Department. Information regarding the Contractor’s addition of Dealers can be found at the following link: https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/subcontractor_dealer_reseller_forms. 3.2 Federal and State Standards It is the intent of the Department that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of Commodities being provided. This includes, but is not limited to: Federal Motor Vehicle Safety Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA”), Environmental Protection Agency (“EPA”) Standards, and State of Florida laws, requirements, and regulations that apply to the type and class of Commodities being provided. In addition, the Contractor is responsible for complying with any applicable federal or State legislation that becomes effective during the term of the Contract upon the legislation’s effectiveness. The Contractor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the Contractor, regardless of whether it’s the Manufacturer or Dealer, shall contact the DMS Contract Manager immediately. 3.3 Testing Samples of delivered Commodities may be selected at random by Customers or Department and tested for compliance with the requirements, specifications, terms, and conditions. 3.4 Warranty The Manufacturer’s standard warranty shall cover all Commodities of the Contract. The Manufacturer’s standard warranty is required to provide coverage against defective material, workmanship, and failure to perform in accordance with the specifications and required performance criteria. The Manufacturer’s standard warranty coverage shall be identical to or exceed the most inclusive of those normally provided for the Commodities specified herein that are sold to any federal, state, or local governments. The Manufacturer’s standard warranty shall have a minimum term of one year from the Customer’s acceptance, as specified in the ‘Acceptance’ section, and shall begin only at the time of acceptance by the Customer. Should the Manufacturer’s standard warranty conflict with any requirements, specifications, terms, or conditions of the Contract, then the Contract requirements, specifications, terms, and conditions shall prevail. The Manufacturer’s standard warranty terms and conditions are not part of the Contract requirements, specifications, terms, and conditions. 3.5 Commodities Recall In the event there is a recall of any of the Commodities, any of its components, or any parts incorporating the equipment ("Recalled Equipment"), the Contractor shall provide reasonable assistance to the Department in developing a recall strategy and shall cooperate with the Department and the Customers in monitoring the recall operation and in preparing such DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 5 of 16 reports as may be required. Each Contractor shall, at the request of the Department or any Customer, give the Department and each Customer all reasonable assistance in locating and recovering any equipment or Recalled Equipment. Each Contractor shall immediately notify and provide copies to the Department of any communications, whether relating to recalls or otherwise, with any Customer. The Contractor shall ensure defective Recalled Equipment are rectified, replaced and/or destroyed in compliance with all applicable laws, rules or regulations and the Department's reasonable instructions. All Contractor efforts relating to Recalled Equipment shall be at Contractor’s own expense. 3.6 Commodity Compliance and Compatibility It is the Contractor’s responsibility to ensure that the Commodities supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall ensure that all Commodities ordered by the Customer are fully compatible with each other and with any associated pre-existing Commodity possessed by the Customer and disclosed to the Contractor by the Customer. The Contractor’s acceptance of the Customer’s order shall indicate that the Contractor agrees to deliver a Commodity that is fully compliant and compatible with the Customer’s order requirements, specifications, terms, and conditions. In the event any ordered Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components are found by the Customer to be missing, incorrect, defective, damaged, non- compatible, or non-compliant, the Contractor shall, at the Customer’s discretion, be required to complete one of the following: • Install or repair the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s), and their respective features, equipment, and components; • Replace the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components; • Refund the purchase price of the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components to the Customer. Any changes necessary after the delivery of the Customer’s order that are required to bring a Commodity into compliance or compatibility due to an incorrect order fulfillment by the Contractor shall be accomplished at the Contractor’s expense. 3.7 Commodities Title and Registration Agriculture and Lawn Equipment delivered under the Contract shall be titled and registered by the Contractor in accordance with Florida law, including Chapters 319 and 320, Florida Statutes. The Contractor shall send any necessary form(s) that shall be signed by an authorized representative of the Customer with the awarded Commodity upon delivery, and the Contractor shall obtain any necessary signatures and complete the titling and registration process for the Customer in a timely manner. In the event the Customer is permitted by law or policy to obtain title and registration independent of the Contractor, and chooses to obtain title and registration independent of the Contractor, the Customer will notify the Contractor in writing of this decision no later than three Business Days following receipt of the Acknowledgement of Order form. However, the DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 6 of 16 Customer shall then be obligated to title and register the awarded Commodity and the Contractor shall provide any documents necessary for the Customer to do so. Customers may elect to transfer an existing license plate or may choose to obtain a new license plate. • Transferring an existing license plate is the standard default order type and does not require specific notation on the Purchase Order. All related fees associated with transferring an existing license plate are included in the Base Equipment Net Price a) When obtaining a new license plate, the Customer should include a notation on the Customer Order and an additional amount to cover the cost of a new license plate. The Contractor is not required to obtain a new license plate for the Customer unless there is a notation and a new license plate fee is included on the Customer Order. All related fees except for the new license plate cost are included in the Base Equipment Net Price. The Customer’s order notation for a new license plate shall include the request for a new license plate, the type of license plate required, and a contact person’s name, title, and telephone number. b) The Contractor may obtain special plates such as “State”, “County”, or “City” from most county tax offices, but agency plates such as “DOT”, “DC”, “DNR”, etc. shall be obtained from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, in Tallahassee, Florida. 3.8 Transportation and Delivery Transportation and Delivery shall be FOB Destination to any point statewide as follows: 1. Customers shall be notified within two Business Days when Commodities are not in stock or unavailable from the Manufacturer at the time of order. Commodities must be delivered within 180 Calendar Days after receipt of order, unless otherwise agreed to by the Customer. As soon as Commodities are back in stock, the Commodities must be delivered within 14 Calendar Days to the Customer. For any delivery not made within the 180 and 14 Calendar Days’ timeframes, the Department’s Contract Manager must be notified and given a copy of the Customer’s order. The Contractor must provide the Department’s Contract Manager any requested information and timeframe for completion of the order. 2. Commodities in stock must be delivered within 14 Calendar Days after receipt of order or the receipt of the Commodities from the Manufacturer, with one exception – Commodities requiring post-Manufacturer or Dealer installed OEM or Non-OEM Options, Parts, Accessories, and Implements shall be delivered within 30 Calendar Days after receipt of the Commodities from the Manufacturer(s). Delivery of the awarded Commodity is defined as receipt of the Commodity at the Customer’s place of business or designated location. Delivery does not constitute the Customer’s acceptance. The Contractor shall give the Customer a minimum of one Business Day notice prior to delivery. Commodities shall be delivered as stipulated by the Customer. The Contractor shall deliver Commodities by either private or common carrier transport. Where deliveries may be accomplished by driving the self-propelled, street-legal, Commodity three road miles or less, the self-propelled, street-legal Commodity may be driven to the DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 7 of 16 delivery location at Contractor’s sole risk and expense. The Contractor shall comply with the Manufacturer’s break-in requirements and all applicable traffic laws. All self-propelled, operator-occupied Commodities delivered by the Contractor to the Customer shall contain no less than one-quarter (1/4) tank of fuel as indicated by the fuel gauge at the time of delivery. At the Customer’s option, Commodities with less than one-quarter (1/4) tank of fuel at delivery may be rejected or a $3.00 per gallon or gallon equivalent up to one-quarter of the Commodity’s fuel tank capacity may be deducted from the invoice and payment. The Contractor shall perform the standard Manufacturer’s pre-delivery inspection and is responsible for delivering a Commodity that is properly serviced, clean, and in first class operating condition. The Contractor is required to perform the following, at a minimum, as part of its pre-delivery service: 1. Completely lubricate operating chassis, engine, and mechanisms with Manufacturer’s recommended grades of lubricants; 2. Check and fill all fluid levels to ensure proper fill; 3. Adjust engine(s) to proper operating condition(s); 4. Inflate tires to proper pressure; 5. Ensure proper operation of all accessories, gauges, lights, and mechanical and hydraulic features; 6. Clean equipment, if necessary, and remove all unnecessary and prohibited tags, stickers, papers, etc.; 7. Ensure that the awarded Commodity is completely assembled (unless otherwise noted in the following sub-section) including Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components and OEM Options, Parts, Accessories, and Implements, are thoroughly tested and ready for immediate operation upon delivery; and 8. Where applicable, ensure that the product is packaged in a manner which ensures safe delivery to the destination. Packaging shall comply with all federal, state, and local laws including but not limited to the requirements of section 403.7191, Florida Statutes. The Contractor shall mark each package to include the name of the Contractor, the State Term Contract number, the purchase or Customer Order number, and a brief description of the contents. The Contractor shall deliver all Commodities with each of the following completed documents: 1. Copy of the Manufacturer’s pre-delivery inspection form, which meets or exceeds the requirement herein; 2. Copy of the ordering Customer’s order; 3. Copy of the applicable Manufacturer specification(s); 4. Copy of the Manufacturer’s invoice(s) (prices may be deleted or obscured) for each Commodity, including individual Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components and OEM Options, Parts, Accessories, and Implements in the shipment; 5. Manufacturer’s window sticker(s), if applicable; 6. Manufacturer’s ‘certificate of origin’, if applicable; 7. Manufacturer’s ‘operator manual’, and (if not included in the operator manual) one (1) each of the Manufacturer’s lubrication and maintenance instructions; DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 8 of 16 8. Copy of the Manufacturer’s standard warranty certifications; 9. Sales tax exemption form, if applicable; 10. Temporary tag and twenty (20) day extension tag, if applicable; and 11. DHSMV82040, Application for Certificate of Title and/or Vehicle Registration, if applicable. Deliveries that do not include the above applicable forms and documents, or that have forms that have been altered, or are not properly completed, may be refused. Repeated failures by the Contractor to include the above properly completed forms and publications, or that have submitted altered forms, to the ordering Customers may be cause for default proceedings and/or Contract termination. These Transportation and Delivery requirements, terms, and conditions also apply to the re-delivery of a Commodity that was previously rejected upon initial delivery. 3.9 Price Quote Form For all Customer orders, the Contractor shall complete and submit a Price Quote Form (PQF) (Attachment 3) to the Customer for the requested Commodities. All Commodities shall be itemized on the PQF and include applicable brand, model, and pricing information. The price quoted for Commodities shall not exceed the current Contract’s Net Price to Customers. The PQF shall be completed by the Contractor and returned to the Customer within two Business Days of the Contractor’s receipt of the Customer’s request for a quote. Customers are encouraged to seek more than one quote from the identified awarded Contractors, where available. Customers may negotiate with the Contractor to establish a lower price through a greater discount percentage off MSRP. 3.10 Acknowledgement of Order Form For each order, the Contractor shall provide the ordering Customer with a fully completed Acknowledgement of Order Form (Attachment 4) within five Business Days of receiving the Customer’s order. The Contractor must use the Acknowledgment of Order Form and must not make any alterations. Failure to timely provide the Customer with the Acknowledgement of Order Form shall be deemed acceptance of the order, which, if necessary, shall require the Contractor to provide the newest model of the Commodity which meets the prices, discounts, requirements, specifications, terms, and conditions herein. When the Contractor receives an order and does not have the ordered Commodities in stock and cannot deliver the Commodities to the Customer within 14 calendar days, the Contractor shall notify the ordering Customer on the Acknowledgement of Order Form. When providing the Acknowledgment of Order Form the Contractor shall provide the Customer with the Manufacturer’s order confirmation information and estimated delivery date. Submission of the Acknowledgement of Order Form is the responsibility of the Contractor without prompting or notification by the Contract Manager or Customer. Repeated failures by the Contractor to timely submit completed Acknowledgement of Order Forms to the ordering Customers may be cause for default proceedings and Contract termination. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 9 of 16 3.11 Acceptance The Customer, within three Business Days of delivery, will inspect the Commodity received for acceptability. The Customer should compare the physical Commodity delivered; contract prices, discounts, requirements, specifications, terms, and conditions; Customer order; and Manufacturer’s Window Sticker / Manufacturer’s Invoice(s) to ensure the Commodity received meets or exceeds the requirements, specifications, terms, and conditions of the Contract and Customer order. Additionally, the Customer should inspect the Commodity for any damage. The Contractor is obligated to correct any errors or damage. Failure by the Customer to discover an error or damage in the Commodity shall not relieve the Contractor from its obligation to correct the error or damage in the event it is found any time after the Commodity is delivered. The Parties agree that inspection and acceptance shall be the Customer’s responsibility and occur at the location of the Customer. Title and risk of loss or damage to all Commodities shall be the responsibility of the Contractor until accepted by the Customer. The Contractor shall be responsible for filing, processing, and collecting all damage claims. The Customer shall assist the Contractor by: • Recording any evidence of visible damage on all copies of the delivering carrier’s bill of lading; • Reporting any known visible and concealed damage to the carrier and the Contractor; • Confirming said reports in writing within fifteen Business Days of delivery, requesting that the carrier inspect the damaged merchandise; and • Providing the Contractor with a copy of the carrier’s bill of lading and damage inspection report. Transportation and delivery of the Commodity does not constitute acceptance for the purpose of payment. Acceptance and authorization of payment shall be given by the Customer only after a thorough inspection indicates that the Commodity is undamaged and meets the Contract requirements, specifications, terms, and conditions. Should the delivered Commodity be damaged or differ in any respect from the Contract requirements, specifications, terms, and conditions, payment shall be withheld until such time as the Contractor completes the required, Customer-approved, corrective action. Should the Commodity require service or adjustments as part of the Customer-approved corrective action(s), the Contractor shall either remedy the defect or be responsible for reimbursing the Manufacturer’s local service Dealer or others selected by the Customer to remedy the defect. The Contractor shall initiate such required service or adjustments within two Business Days following notification by the Customer. The Commodity shall not be accepted until all service or adjustments are satisfactory and the Commodity is re-delivered in acceptable condition. The costs of any transportation and delivery required as part of the initial or any re-deliveries due to error or damage are the responsibility of the Contractor. The Customer shall notify the Department of any Contract deviation that it cannot resolve with the Contractor. The Department and Customer shall develop a corrective action plan related to the Contract deviation, which may include the Customer’s permanent refusal to accept the Commodity, in which case the Commodity shall remain the property of the Contractor, and the Customer and the State shall not be liable for payment for any portion thereof. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 10 of 16 3.12 Installation When installation is required, the Contractor shall be responsible for placing and installing the Commodities or parts in the required locations at no additional charge. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the Commodity or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, tools, rigging, labor, and materials required to install or replace the Commodities or parts 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. 3.13 Full-Service Repair Facilities The Contractor agrees to maintain at least one factory-authorized service station or servicing Dealer within the State of Florida to perform warranty repairs and adjustments throughout the Contract term. The Contractor shall promptly notify the Department of any changes thereto. The Contractor shall be responsible for all service performed, regardless of whether the Contractor or its approved Dealer actually performed the service. Notwithstanding the foregoing, the Contractor may offer Customers “after warranty” service agreements for the maintenance and repair of goods after the initial warranty expires. The Contractor shall list this additional service as a separate item on the invoice. 3.14 Holidays The Contractor shall provide Customers all Commodities during Business Days. The following days are observed as holidays by state agencies in accordance with section 110.117, F.S.: • New Year’s Day • Birthday of Martin Luther King, Jr., third Monday in January • Memorial Day • Independence Day • Labor Day • Veterans’ Day, November 11 • Thanksgiving Day • Friday after Thanksgiving • Christmas Day If any of these holidays falls on Saturday, the preceding Friday shall be observed as a holiday. If any of these holidays falls on Sunday, the following Monday shall be observed as a holiday. Customers may have additional holiday(s) observed specifically by the Customer which will be detailed in the Customer’s order. 3.15 Purchasing Card The State has implemented a purchasing card program using the Visa platform. The Contractor may receive payments via the state’s Purchasing Card in the same manner as any other Visa purchases. Purchasing Card acceptance for purchase is a mandatory requirement for the Contract but is not the exclusive method of payment. If the State changes its DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 11 of 16 Purchasing Card platform during the term of Contract, the Contractor shall make any necessary changes to accommodate the State ‘s new Purchasing Card platform within 30 calendar days of notification of such change. 3.16 Punchout Catalog and Electronic Invoicing The Contractor is encouraged to provide a MFMP punchout catalog. The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Contract. The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier’s Enterprise Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information. Through utilization of the punchout catalog model, a Florida buyer will “punch out” to a supplier’s website. Using the search tools on the supplier’s Florida punchout catalog site, the user selects the desired Products. When complete, the user exits the supplier’s punchout catalog site and the shopping cart (full of Products) is “brought back” to MFMP. No orders are sent to a supplier when the user exits the supplier’s punchout catalog site. Instead, the chosen Products are “brought back” to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding/editing the Products (i.e., line items) in the purchase order. An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details. The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: 1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. 2) PO Flip via AN This online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 12 of 16 3.17 Contract Reporting The Contractor shall report information on orders received from Customers associated with this Contract. No revised MSRP lists or price adjustments will be considered for any Contractor who has outstanding reports, or any other documentation required under this Contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Date MFMP Transaction Fee Report Calendar month 15 calendar days after the end of each month Quarterly Sales Report State’s Fiscal Quarter 30 calendar days after close of the period Diversity Report (submitted to the Customer) State Fiscal Year 30 Business Days after close of the period Preferred Pricing Affidavit (in accordance with section 3.2.2. of the Special Contract Conditions) Annual Contract Anniversary Date 3.18 MFMP Transaction Fee Report The Contractor is required to submit monthly MFMP Transaction Fee Reports in the Department’s electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and vendor training presentations available online at the “Transaction Fee & Reporting” section and “Training for Vendors” subsections under the “Vendors” tab on the MFMP website. Assistance with Transaction Fee Reporting is also available from the MFMP Customer Service Desk by email at: VendorHelp@myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. 3.19 Quarterly Sales Reports The Contractor shall submit a quarterly sales report electronically, in the required format, to the Department’s Contract Manager within thirty (30) calendar days after close of each quarter. The quarterly sales report can be found here: https://www.dms.myflorida.com/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. Failure to provide the quarterly sales report will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract. Initiation and submission of the quarterly sales report are the responsibility of the Contractor without prompting or notification by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded during the period, the Contractor must submit a report stating that there was no activity. If no sales are recorded in two consecutive quarters, the Contractor may be placed in probationary status or the Department may terminate the Contract. Quarter 1 – (July-September) – due 30 calendar days after the close of the period DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 13 of 16 Quarter 2 – (October-December) – due 30 calendar days after the close of the period Quarter 3 – (January-March) – due 30 calendar days after the close of the period Quarter 4 – (April-June) due 30 calendar days after the close of the period 3.20 Diversity Report The Contractor shall report to each Customer, spend with certified and other minority business enterprises. These reports shall include the period covered, the name, minority code and Federal Employer Identification Number of each minority business utilized during the period, Commodities provided by the minority business enterprise, and the amount paid to each minority business on behalf of each purchasing agency ordering under the terms of this Contract. 3.21 Ad Hoc Reports The Department or Customer may require additional Contract information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit information in response to these specific ad hoc requests for reports within the specified amount of time as requested by the Department or Customer. 3.22 Business Review Meetings In order to maintain the relationship between the Department and the Contractor, each quarter the Department may request a business review meeting. The business review meeting may include, but is not limited to, the following: • Successful completion of deliverables • Review of the Contractor’s performance • Review of minimum required reports • Addressing of any elevated Customer issues • Review of continuous improvement ideas that may help lower total costs and/or improve business efficiencies. 3.23 Financial Consequences Financial Consequences will be assessed for failure to timely perform or submit a report as required by the Contract and shall be paid via check or money order in US Dollars, and made out to the Department of Management Services or the specific Customer, where applicable. Financial Consequences will be assessed daily for each individual failure until the performance or submittal is accomplished to the Department’s or Customer’s satisfaction, unless stated otherwise. For the submissions of reports, financial consequences will apply to each target period beginning with the first full month or quarter of the Contract’s performance and each month and quarter thereafter. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 14 of 16 The Department and Customers reserve the right to, in addition to withholding payment, implementing other appropriate remedies, such as Contract termination or non-renewal. 3.24 MSRP List and Product Adjustments The Contractor shall submit a complete MSRP List that includes all Commodities (i.e. Base Equipment; OEM Options, Parts, Accessories, and Implements; and Non-OEM Options, Parts, Accessories, and Implements) for each Manufacturer/ Brand Name and Sub-Group (or Group, for Groups that do not include Sub-Groups) for which the Contractor received an award; the Commodities listed on the MSRP must match the Commodities listed on the price sheet. The MSRP List is subject to the Department’s approval. The MSRP List shall include the following for each Commodity: The Manufacturer/Brand Model Number, the Manufacturer/Brand Item Description, and the MSRP. The Contractor shall include a cover page, which shall provide the applicable Group, Sub-Group (for Groups that include Sub-Groups), Manufacturer/Brand Name, and MSRP List date. The Department shall be the final arbiter of MSRPs if an MSRP on the Contractor’s MSRP List differs from the published MSRP. The Contractor shall be responsible for removing all non-eligible and unacceptable Commodities under the Contract from the Contractor’s MSRP List. The Contractor may add products to the MSRP List at any time during the life of the Contract by submitting a complete and revised MSRP List. Products added must be from a Manufacturer/Brand Name for which the Contractor received an award and fall within the scope Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit completed Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per Calendar Day late/not received by the Contract Manager Contractor will timely submit completed MFMP Transaction Fee Reports All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $100 per Calendar Day late/not received by the Contract Manager Contractor will provide accurate Price Quote Forms to Customers All Price Quote Forms will be provided to Customers with accurate information Upon Customer request $25 per order DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 15 of 16 of a Sub-Group (or Group, for Groups that do not include Sub-Groups) for which the Contractor received an award. The Contractor shall be responsible for removing all non-eligible and unacceptable Commodities under the Contract from the Contractor’s MSRP List. The Contractor may update existing product’s MSRPs on the MSRP List to match the MSRPs published by the Manufacturer no earlier than twelve (12) months after the start date of the Contract and, thereafter, or no earlier than twelve (12) months after the date of the previous MSRP update. The Contractor may update the existing product’s MSRPs on the MSRP List by submitting a complete and revised MSRP List for Department review and approval. Revised MSRP Lists, regardless of whether the Contractor is adding products or updating existing product’s MSRPs, must be accompanied by a revised price sheet, as described in the ‘Price Sheet and Price Adjustments’ section of the Scope of Work, as well as a list of all changes made from the previously submitted version of the MSRP List. 3.25 Price Sheet and Price Adjustments The Contractor shall submit a complete price sheet to include the following Commodities (i.e. Base Equipment and OEM Options, Parts, Accessories) for each Brand/Manufacturer and Sub-Group (or Group, for Groups that do not include Sub-Groups) for which the Contractor received an award; the Commodities listed on the price sheet must match the Commodities listed on the MSRP List. The price sheet is subject to the Department’s approval. The price sheet shall be provided in Excel format and include a separate tab for each Sub-Group (or Group, for Groups that do not include Sub-Groups). Each tab shall include, at minimum, the following information for each Commodity offered under that Sub-Group (or Group, for Groups that do not include Sub-Groups): • Manufacturer/Brand Name (as shown on the Product Group Discount Sheet); • Commodity Type (i.e. Base Equipment and OEM Option, Part, Accessory, or Implement); • Model number or other identifier that Customers can use to locate the Commodity on the Brand/Manufacturer’s website; • Description; • MSRP (as shown on the current MSRP List); • Discount (as shown on the Product Group Discount Sheet for the Commodity type, as submitted in the Bid); and • Net Price to the Customer. The Contractor may add products to the price sheet at any time during the life of the Contract by submitting a complete and revised price sheet. Products added must be from a Brand/ Manufacturer Name for which the Contractor received an award and fall within the scope of a Sub-Group (or Group, for Groups that do not include Sub-Groups) for which the Contractor received an award. The Contractor shall be responsible for removing all non-eligible and unacceptable Commodities under the Contract from the Contractor’s price sheet. The Contractor may update the MSRPs and Net Prices to the Customer on the price sheet to match the MSRPs published by the Manufacturer no earlier than twelve (12) months after the start date of the Contract and, thereafter, or no earlier than twelve (12) months after the date of the previous MSRP update. The Contractor may update the MSRPs and Net Prices to the Customer on the price sheet by submitting a complete and revised price sheet. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 16 of 16 Revised price sheets, regardless of whether the Contractor is adding products or updating the MSRPs and Net Prices to the Customer, must be accompanied by a revised MSRP List, as described in the ‘MSRP List and Product Adjustments’ section, as well as a list of all changes made from the previously submitted version of the price sheet. 3.26 E-Verify The following replaces section 13.2 of Attachment 1: The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. In order to implement this provision, the Vendor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one year after the date of such termination. The Department reserves the right to order the immediate termination of any contract between the Contractor and a subcontractor performing work on its behalf should the Department develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 State Term Contract No. 25100000-23-STC For Motor Vehicles Page 1 of 2 This Contract is between the State of Florida, Department of Management Services (Department), an agency of the State of Florida, and Alan Jay Automotive Management, Inc. dba Alan Jay Fleet Sales (Contractor), collectively referred to herein as the “Parties.” Accordingly, for the good and mutual consideration hereby acknowledged, the Parties agree as follows: I.Initial Contract Term. The Initial Contract Term shall be for two years. The Initial Contract Term shall begin on May 17, 2023. The Contract shall expire on May 16, 2025, unless terminated earlier in accordance with the Special Contract Conditions and Additional Special Contract Conditions. II.Renewal Term. Upon mutual written agreement, the Parties may renew this Contract for one year, in whole or in part, pursuant to the incorporated Special Contract Conditions. III.Contract. As used in this document, “Contract” (whether or not capitalized) shall, unless the context requires otherwise, include this document and all incorporated Exhibits, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Contract must be in writing and signed by all Parties. All Exhibits listed below are incorporated in their entirety into, and form part of, this Contract. The Contract document and Exhibits shall have priority in the following order: DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D State Term Contract No. 25100000-23-STC For Motor Vehicles Page 2 of 2 a)This Contract documentb)Exhibit A, Scope of Workc)Exhibit B, Cost Sheet (Group 1 – 7)d)Exhibit C, STC Additional Special Contract Conditionse)Exhibit D, Special Contract Conditionsf)Exhibit E, Price Quote Form (PQF)g)Exhibit F, Acknowledgement of Order Form IV.Contract Management. Department’s Contract Manager: Christopher McMullen Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 922-9867 Email: Christopher.McMullen@dms.fl.gov Contractor’s Contract Manager: Chris Wilson Alan Jay Automotive Management, Inc. dba Alan Jay Fleet Sales 5330 US HWY 27 South Sebring, FL 33870 Telephone: (863) 402-4234 Email: Chris.Wilson@AlanJay.com This Contract is executed by the undersigned officials as duly authorized. This Contract is not valid and binding on all Parties until signed and dated by both Parties. Alan Jay Automotive Management, Inc dba Alan Jay Fleet Sales STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ Chris Wilson Secretary, Pedro Allende _____________________________ _______________________________ Date: Date: DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 5/15/2023 | 8:27 AM PDT 5/16/2023 | 12:59 PM EDT 25100000-23-STC Page 1 of 17 Motor Vehicles Exhibit A Scope of Work 1. Purpose To provide Customers with new and unused Motor Vehicles on a statewide basis, pursuant to the terms set forth in this Scope of Work. Contractors shall provide Motor Vehicles and applicable Options in accordance with the scope contained herein. All State Agencies shall comply with section 287.151, Florida Statutes, when purchasing under this Contract. The Motor Vehicles offered under the Contract shall be classified under the following Groups and Sub-Groups, which are listed and described as follows: • Group 1: Law Enforcement Vehicles o Sub-Group A: Police Pursuit Vehicles o Sub-Group B: Special Service Vehicles o Sub-Group C: Transport Vans o Sub-Group D: Non-Specialized Vehicles for Law Enforcement Use Only o Sub-Group E: Motorcycles • Group 2: Sedans and Hatchbacks o Sub-Group A: Sedans o Sub-Group B: Hatchbacks • Group 3: Minivans and Vans o Sub-Group A: Minivans o Sub-Group B: Vans o Sub-Group C: Cutaways/Chassis Cabs • Group 4: Sport Utility Vehicles o Sub-Group A: Crossover Sport Utility Vehicles o Sub-Group B: Traditional Sport Utility Vehicles • Group 5: Light Duty Trucks o Sub-Group A: Compact and Mid-Size Pickup Trucks o Sub-Group B: Full-Size Pickup Trucks • Group 6: Medium Duty Trucks o Sub-Group A: Pickup Trucks o Sub-Group B: Chassis Cabs • Group 7: Low Speed Vehicles 2. Definitions Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Attachment D, Special Contract Conditions; and the PUR 1001, General Instructions to Respondents (10/06), are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this Scope of Work. All definitions apply in both their singular and plural sense. Brand – A particular name under which a Motor Vehicle or Option is sold by a Manufacturer. Examples include, but are not limited to: Ford, GMC, Chevrolet, Nissan, Toyota, etc. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 2 of 17 Motor Vehicles Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, Florida Statutes, from 8:00 a.m. to 5:00 p.m. at the Customer’s location. Commodity – As defined in section 287.012, Florida Statutes. Commodity Code – The State’s numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying Commodities and services. Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law. Contract – The written agreement between the Department and the Contractor resulting from ITB No. 23-25100000-ITB. Contract Manager – The representative designated by the Department who will oversee all aspects of the Contract, monitor performance expectations, and serve as the primary point of contact for the Contractor. Contractor – A Vendor that enters into a Contract with the Department as a result of receiving an award from ITB No. 23-25100000-ITB. A Contractor can be a Manufacturer or Dealer. Cost – The actual price the Contractor paid for the Model and applicable Options from the Manufacturer including any delivery fees. Any price changes that occur during the manufacturing, ordering, or delivery process must be approved by the Customer. Cost Plus Percentage – The percentage the Contractor is allowed to charge above the Cost of the Model and applicable Options. Customer – A State agency or Eligible User. Dealer – A Manufacturer’s certified dealer who has been authorized by the Manufacturer to market, sell, provide, and service the Models or Options from the Manufacturer. Dealers may be Contractor-owned and -controlled, (in whole or in part) or independently owned and controlled. Department – The Department of Management Services, a State agency. Eligible User – As defined in Rule 60A-1.001, Florida Administrative Code. Free on Board (FOB) Destination – A shipping method as defined in section 672.319(1)(b), Florida Statutes. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 3 of 17 Motor Vehicles Group – A series of Models with applicable Commodity Codes, which are described in this Scope of Work and Attachment C, Cost Sheet (Group 1 – 7). A Group may or may not include Sub-Groups. Manufacturer – The original producer of a Motor Vehicle or Option, which may be sold under a Brand name. Examples include, but are not limited to: Ford Motor Company, General Motors (GM), Nissan Motor Corporation, Toyota Motor Corporation, etc. Manufacturer’s Last Order Date – The final date the Manufacturer stops accepting orders for a Model, either for a specific production year or overall (i.e., the discontinuation of a Model). Manufacturer’s Suggested Retail Price (MSRP) – The Manufacturer’s recommended retail selling price, list price, published price, or other usual and customary price that would be paid by the purchaser for specific Commodities or services without the benefit of the Contract. Model – A particular name used to identify a collection of Motor Vehicles that are sold under the same Brand name and are similar in style and appearance. Examples include, but are not limited to, Ford F-150, GMC Sierra, Chevrolet Suburban, Nissan Titan, Toyota Corolla, etc. Motor Vehicle – A specific vehicle that meets the definition of “Motor vehicle” contained in section 320.01(1), Florida Statutes, or a specific vehicle that meets the definition of “Low-speed vehicle” as contained in section 320.01(41), Florida Statutes. The term includes all Options that are attached to or provided with the vehicle when it is manufactured. The Cost Plus Percentage shown in Attachment C, Cost Sheet (Group 1 – 7), shall apply to the Cost for the Motor Vehicle, regardless of whether any Options were specifically requested by the Customer or are considered “standard” or “optional” for the trim level ordered by the Customer. Options – Options which meet the requirements, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Motor Vehicle by the Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry. Options include the following types: • Non-Original Equipment Manufacturer (OEM) Option – A new and unused Option intended for the Motor Vehicle that is produced by a party other than the OEM. May also be referred to as an aftermarket Option. • OEM Option - A new and unused Option intended for the Motor Vehicle that is produced by the OEM. State – The State of Florida. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 4 of 17 Motor Vehicles Sub-Group – A specific series of Models within a Group, which are described in this Scope of Work and Attachment C, Cost Sheet (Group 1 – 7). A Group may or may not include Sub- Groups. 3. Minimum Specifications and Standards The Contractor shall ensure all Motor Vehicles and Options offered under this Contract comply with the following: a. Designed, constructed, equipped, assembled, and installed to be fully suitable for their intended use, purpose, and service pursuant to this Scope of Work; b. New and unused (except as specified in the Transportation and Delivery section of this Scope of Work), for the Manufacturer’s latest Model year available, of current or recent production, and of the latest available design and construction; c. Include all features, equipment, and components installed by Manufacturer or Dealer according to the Manufacturer’s current procedures and requirements for the applicable Manufacturer’s Motor Vehicles; d. Free of damage, defect, and rust which may affect appearance, operability, functionality, or serviceability; e. Motor Vehicles and Options ordered by the Customer are fully compatible with each other; f. Comply with current legal, customary, reasonable, and professional standards of the Motor Vehicle and transportation equipment manufacturing industry; g. Comply with current mandatory and applicable federal and State of Florida Motor Vehicles standards and requirements including, but not limited to, all legal, safety, and environmental standards and requirements; and 4. Advertising and Marketing No Dealer’s advertising and identification (name, logos, etc.) is permitted on any Commodity offered under this Contract. The Manufacturer’s advertising and identification (name, Model, logos, etc.) is permitted on any Commodity provided under this Contract if such advertising and identification is a Manufacturer’s practice. The Contractor shall be responsible for removing, without damage, all impermissible or unacceptable advertising and identification. The Department and Customers reserve the right to, in their sole discretion, determine what advertising and identification is considered unacceptable under this Contract. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 5 of 17 Motor Vehicles 5. Luxury, Performance, or Sport Motor Vehicles or Options No luxury, performance, or sport Motor Vehicles or Options shall be permitted under this Contract. The Bureau of Fleet Management and the Contract Manager shall determine what is considered luxury, performance, or sport. All Options and equipment must be approved by the Bureau of Fleet Management in accordance with 60B-1 F.A.C. 6. Installation When installation is required, the Contractor shall be responsible for ensuring the installation of the Options in the required locations at no additional charge, as specified in the Charges and Fees section. Options shall be assembled and installed by the Manufacturer, Dealer, or at the port. All materials used in the installation shall be new and unused and shall be free of defects that would diminish the appearance or render it structurally or operationally unsound. Installation includes the furnishing of any materials required to install or replace the parts in the proper location. The Contractor shall protect the installation site from damage and shall repair any damages caused during installation. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. The Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on the installation 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. 6.1 Body Transfer and 3rd Party Body Installations In the event the Customer chooses to purchase or supply a cab and chassis, or cutaway van separately, the Contractor must comply with section 319.21, Florida Statutes, perform Manufacturer required pre-delivery inspection, and ensure all proper tag and title documents are present during the inspection and delivery pursuant to Florida license requirements. The Contractor shall inform the Customer, upon receipt of the order, of any additional charges for installation of aftermarket Options only. The Department reserves the right to reject an installation charge if, within the Department’s sole discretion, the proposed installation charge does not align with market prices. The Manufacturer must certify that it conforms to all Federal Motor Vehicle Safety Standards (FMVSS). The facilitation of a body transfer or 3rd party body installations must be included in the Motor Vehicle’s price; however, an additional cost may occur for installation by the Contractor or body upfitter. The installation cost may vary due to the body configuration; however, the installation price shall be included on the Price Quote Form (PQF) from the Contractor. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 6 of 17 Motor Vehicles 7. Warranty Repairs and Adjustments All warranty repairs and adjustments are covered throughout the Contract term at no additional cost to Customer(s) or the Department. The Manufacturer shall be responsible for warranty and recall services performed, regardless of whether the Contractor actually performed the service. Nothing in this section requires or allows the Contractor to require the Customer to return the Motor Vehicle to the Contractor for warranty repairs and adjustments. The Customer shall be able to return the Motor Vehicle to any location authorized by the Manufacturer to perform warranty repairs and adjustments at no additional cost to the Customer. 7.1 Extended Warranty This Contract does not include “extended warranty” service agreements. However, the Contractor may offer Customers “extended warranty” service agreements for the maintenance and repair of Commodities after the initial warranty expires, but not as a term of this Contract. The Contractor will list this additional service as a separate item on the invoice. 8. Federal and State Standards All requirements herein are in full and complete compliance with all federal and State of Florida laws, standards, and regulations applicable to the type and class of Commodities and contractual services being provided. This includes but is not limited to: Federal Motor Vehicle Safety Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA”), Environmental Protection Agency (“EPA”) Standards, and State of Florida laws, requirements, and regulations that apply to the type and class of Commodities and contractual services being provided. It is the intent of the Department that the Contractor(s) comply with all applicable federal and State of Florida regulations regarding the Commodities and contractual services’ safety and environmental requirements, including any legislation or regulations which become effective during the term of the Contract and shall become a part of the Contract. The Contractor(s) shall meet or exceed any such requirements of the laws and regulations applicable to the type and class of Commodities and contractual services provided. If a conflict exists, the Contractor, regardless of whether it is the Manufacturer or Dealer, shall contact the Department’s Contract Manager in writing no later than 24 hours after identification of the conflict. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 7 of 17 Motor Vehicles 9. Warranty The Manufacturer’s warranty shall cover all Commodities and contractual services offered under the Contract. The Manufacturer’s warranty is required to provide coverage against defective material, workmanship, and failure to perform. The Manufacturer’s warranty coverage shall be identical to or exceed those normally provided for the Commodities and contractual services specified herein that are sold to any Federal, state, or local governments. The Manufacturer’s warranty shall be in effect for a minimum term of one year from the Customer’s acceptance, as specified in the “Inspection and Acceptance” section. Should the Manufacturer’s warranty conflict with any requirements, terms, or conditions of the Contract, the Contract requirements, terms, and conditions shall prevail. Customers shall contact the Dealer or Manufacturer regarding the Manufacturer warranty terms and conditions. 10. Recalls In the event there is a recall of any of the Motor Vehicle or Options, the Contractor shall provide reasonable assistance to the Department in developing a recall strategy and shall cooperate with the Department and the Customers in monitoring the recall operation and in preparing such reports as may be required. Each Contractor shall immediately notify and provide copies to the Department of any communications, whether relating to recalls or otherwise, with any Customer. The Contractor shall ensure that defective Motor Vehicle and Options are rectified, replaced, and destroyed in compliance with all applicable laws, rules or regulations and the Department's reasonable instructions. All Contractor efforts related to recalls shall be at Contractor’s own expense. 11. Manufacturer’s Last Order Date and Production Schedule Changes The Contractor shall provide notification of a Manufacturer’s Last Order Date by email to the Department's Contract Manager no later than 30 calendar days prior to the effective date of the Manufacturer’s Last Order Date. When available, the Contractor shall immediately provide copies of the Manufacturer’s notice of the Manufacturer’s Last Order Date to the Department's Contract Manager. The Contractor shall notify the Customer and the Department’s Contract Manager in writing of any production schedule changes associated with the Customer’s order within one Business Day of receiving the order. 12. Model Additions, Replacements, and Deletions A new Model may be added to Attachment C, Cost Sheet (Group 1 – 7) at the request of the Contractor if all of the following conditions are met: • The Model did not exist at the time of the original procurement; • The Model is produced under a Brand for which the Contractor was awarded; • The Model meets or exceeds the Contract requirements, specifications, terms and conditions; • The Model falls under a Sub-Group (or Group, for Groups that do not include Sub- Groups) for which the Contractor was awarded; and DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 8 of 17 Motor Vehicles • The Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered by the Contractor is less than or equal to the highest Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered for all Models in the same Sub-Group (or Group, for Groups that do not include Sub-Groups) for which the Contractor was awarded. An existing Model may be replaced by a newer Model in Attachment C, Cost Sheet (Group 1 – 7) at the request of the Contractor if all of the following conditions are met: • The new Model did not exist at the time of the original procurement; • The new Model is produced under the same Brand as the existing Model; • The Model meets or exceeds the Contract requirements, specifications, terms and conditions; • The Manufacturer’s intent is to replace the existing Model with the new Model; and • The Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered by the Contractor for the new Model is less than or equal to the Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage for the existing Model being replaced. An existing Model may be deleted from Attachment C, Cost Sheet (Group 1 – 7) at the request of the Contractor if the Manufacturer discontinues production of the Model. The Department reserves the right to delete Models, from this Contract by removing them from Attachment C, Cost Sheet (Group 1 – 7). Models may be removed at the sole discretion of the Department. The Department reserves the exclusive right to approve or deny any addition, deletion, replacement, or other request under this section and to establish its effective date. Requests will be reviewed separately and accepted or rejected on an individual basis. 13. Price Quote Form (PQF) Customers shall request a PQF from all Contractors awarded for a specific Model. If the Model is available from the Contractor, the Contractor shall provide Customers a completed PQF for Motor Vehicles and Options purchased under this Contract and all charges, including labor and installation, shall be itemized separately. The maximum pricing permitted shall not exceed the sum of the Cost and applied Cost Plus Percentage for the awarded Model and Options. The Customer and Contractor may negotiate a lower price. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 9 of 17 Motor Vehicles Upon Customer request, the completed PQF shall be provided by the Contractor and returned to the Customer within two Business Days. The Contractor will provide the price available at the time of the PQF using the latest information available from the manufacturer at the time and considering Options or other additions to meet the Model and Options requested. The Contractor is responsible for communicating any potential price changes during the manufacturing process, and then give the Customer the option to accept the changes or cancel the purchase order. The Contractor shall be responsible for removing all non-eligible and unacceptable charges and fees under the Contract from the PQF. At the time of quote, the PQF must be accompanied by documentation showing Cost and the added Cost Plus Percentage for the Customer. Upon delivery, the Contractor must provide documentation showing Cost and the added Cost Plus Percentage for the Customer. At a minimum, the Contractor shall provide documentation reflecting the actual price the Contractor paid for the Model and applicable Options from the Manufacturer including any delivery fees. Any price changes that occur during the manufacturing, ordering, or delivery process must be approved by the Customer. 14. Department Approval (State Agency Only) After receiving a completed PQF, the Customer will develop a justification to support price reasonableness and complete the MP6301, Request for Acquisition of Motor Vehicle(s) and Mobile Equipment Form, which is available at: https://www.dms.myflorida.com/business_operations/fleet_management_and_federal_property_assistance/fleet_management/purchase_of_mobile_equipment 15. Acknowledgment of Order Form The Contractor shall email Customers with a completed Attachment I, Acknowledgment of Order Form, within five Business Days of receiving the Customer’s order. The Contractor must use the Acknowledgment of Order Form and shall not make any alterations. Failure by the Contractor to provide the Customer the Acknowledgment of Order Form within five Business Days from the date the Contractor received the Customer’s order will be considered acceptance of the order by default, which, if necessary, shall require the provision of the Motor Vehicle(s) and Options which meets the requirements, terms, and conditions herein and shall not be higher than the Cost Plus Percentage provided in Attachment C, Cost Sheet (Group 1 – 7). If the awarded Motor Vehicle(s) and Options are not available or cannot be delivered within the contractually required timeframe, the Contractor must provide a comparable Motor Vehicle(s) and Options of equal or better value which meets or exceeds the requirements, terms, and conditions herein. The Contractor’s proposed substitution is subject to prior approval by the Customer and the Department. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 10 of 17 Motor Vehicles 16. Acceptance of Order The Contractor shall deliver the awarded Motor Vehicle(s) and Options listed on the Customer’s order in accordance with the prices, Cost Plus Percentages, requirements, terms, and conditions of the Contract and the Customer’s order. 17. Transportation and Delivery The final price to the Customer shall include all charges for packing, handling, freight, distribution, and delivery. Transportation and Delivery of Motor Vehicles and Options shall be Free on Board (FOB) Destination to any location statewide as follows: 1. Motor Vehicles and Options not in stock or unavailable from a Manufacturer at the time of order must be delivered within 180 calendar days, and only based on industry delays, not to exceed 365 calendar days, after receipt of order, unless otherwise agreed to by the Customer. For any delivery not made within the 180 calendar day timeframe, due to industry delays, the Department’s Contract Manager must be notified immediately by the Contractor and given a copy of the Customer’s order. The Contractor must provide the Department’s Contract Manager any requested information and a timeframe for completion of the order. 2. Motor Vehicles and Options in stock must be delivered within 14 calendar days after receipt of the Customer’s order unless an Option requires a post-Manufacturer or Dealer installation. These Options shall be delivered within 30 calendar days after receipt of the order. Delivery of Motor Vehicles and Options is defined as the receipt by the Customer and delivered to the Customer’s place of business or designated location, or if the Customer chooses, at the Contractor’s place of business. The Contractor shall provide Customers a minimum of 24 hours’ written notice prior to delivery. Deliveries will be received only between 8:00 a.m. and 3:00 p.m. on Business Days and on the Customer’s local time unless previously arranged and approved by the Customer in writing. Deliveries of Motor Vehicles and Options can be made by either private or common carrier transport; or where delivery may be accomplished by driving the self-propelled vehicle with less than 250 odometer miles at delivery, the self-propelled vehicle may, with the Customer’s prior approval, be driven to the delivery location. The Contractor must make every effort to minimize the number of odometer miles at delivery. At the Customer’s option, vehicles with more than 250 odometer miles at delivery may be rejected, or $0.50 per mile in excess of 250 odometer miles may be deducted from the invoice and payment owed to Contractor. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 11 of 17 Motor Vehicles The Contractor must comply with the Manufacturer’s break-in requirements and all applicable traffic and safety laws. All Motor Vehicles delivered by the Contractor to the Customer shall contain no less than ¼ tank of fuel as indicated by the fuel gauge at the time of delivery and receipt by the Customer. The Contractor will perform a Manufacturer’s Pre-Delivery Inspection (PDI) and is responsible for delivering Motor Vehicles and Options that are properly serviced, clean, and in first class operating condition. Pre-Delivery service, at a minimum, shall include the following: 1. Complete lubrication of operating chassis, engine, andmechanisms with Manufacturer’s recommended grades of lubricants; 2. Check and fill all fluid levels to ensure proper fill; 3. Adjust engine(s), motor(s), and drive(s) to proper operating condition; 4. Inflate tires (including any spares) to proper pressures; 5. Check to ensure proper operation of all gauges, lights, and mechanical and hydraulic features; 6. Clean equipment, if necessary, and remove all unnecessary tags, stickers, papers, etc.; and 7. Ensure that the Motor Vehicle is completely assembled, unless otherwise noted by the Customer, and thoroughly tested and ready for operation upon Delivery. All Motor Vehicles shall be delivered with the following, completed documents: 1. Manufacturer’s PDI form; 2. A copy of the Customer’s order; 3. Contractor’s Attachment C, Cost Sheet (Group 1 – 7); 4. Manufacturer’s invoice(s) for each delivered Commodity, including individual Motor Vehicle, and Options, in the shipment; 5. Proof of Manufacturer’s MSRP (commonly known as the window sticker) if applicable, which shall not be adhered to the Vehicle and instead provided with the documents listed herein; 6. Manufacturer’s certificate of origin, if applicable; 7. Manufacturer’s operator manual 8. Manufacturer’s warranty certifications; 9. Sales Tax Exemption Form, if applicable; 10. Temporary tag and 20-day extension tag, if applicable; and 11. DHSMV 82040, Application for Certificate of Title and vehicle registration, if applicable. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 12 of 17 Motor Vehicles Deliveries that do not include all above applicable forms and publications, or that have forms that have been altered, or are not properly completed, may be refused. Repeated failures by the Contractor to include the above properly completed documentation or that have submitted altered forms to the Customer may be cause for default proceedings and Contract termination. 18. Inspection and Acceptance Section 6.4, Inspection and Acceptance of Commodities, of Exhibit D, Special Contract Conditions, is supplemented by adding the following: The Customer should inspect the Motor Vehicle and Options for any physical damage. The Contractor is obligated to correct any Customer identified errors or damage at no cost to the Customer. Inspection and acceptance shall occur at the location of the Customer’s place of business or designated location, or if the Customer chooses, at the Contractor’s place of business. Title and risk of loss or damage to all Motor Vehicles and Options shall be the responsibility of the Contractor until inspection and acceptance by the Customer. If a Motor Vehicle or Option requires service or adjustments, as required by the Customer, the Contractor shall either correct the issue or be responsible for reimbursing the Manufacturer’s local service Dealer or others selected by the Customer to remedy the defect. The Contractor shall initiate such required service or adjustments within two Business Days following notification by the Customer. The Commodity shall not be accepted until all service or adjustments are satisfactory, and the Commodity is re-delivered in acceptable condition. All costs of transportation and delivery incurred for initial delivery and any re-deliveries due to non-Customer error or damage are the responsibility of the Contractor. The Customer shall notify the Department of any Contract deviation that it cannot resolve with the Contractor. The Department and Customer shall develop a corrective action plan related to the Contract deviation, which may include the Customer’s permanent refusal to accept the Motor Vehicle or Option, in which case the Commodity shall remain the property of the Contractor, and the Customer and the State shall not be liable for payment for any portion thereof. 19. Commodities Title and Registration The Contractor shall title and register Motor Vehicles delivered under the Contract for the Customer in accordance with Florida Law, including Chapters 319 and 320, F.S. The Contractor shall provide any necessary form(s) that must be signed by the Customer at the time of delivery, and the Contractor shall obtain any necessary signature(s) and complete the titling and registration process for the Customer within the timeframe agreed to by the Customer and the Contractor. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 13 of 17 Motor Vehicles In the event the Customer is permitted by law to obtain title and registration for the Motor Vehicle independent of the Contractor and chooses to obtain title and registration independent of the Contractor, the Customer shall notify the Contractor in writing of this decision no later than three Business Days following receipt of the Acknowledgment of Order Form. However, the Customer shall then be obligated to title and register the Motor Vehicle and the Contractor shall provide the Customer any documents necessary for the Customer to do so at the time of delivery. The Contractor may obtain special plates such as “State”, “County”, or “City” from most county tax offices, but agency plates such as “DOT”, “DC”, “DNR”, etc. shall be obtained from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, in Tallahassee, Florida. Customers may elect to transfer an existing license plate, or may choose to obtain a new license plate, for which additional fees may apply. • The Contractor is not required to obtain new license plates for the Customer unless there is a notation, and a new license plate fee is included on the Customer’s order. The Customer’s order notation for a new license plate shall include the request for a new license plate, what type of license plate is required, and a Customer point of contact including the person’s name, title, and telephone number should there be any questions. 20. Charges and Fees All pricing under this Contract shall include the following in the Cost Plus Percentage: 1. Administrative; 2. Environmental; 3. *Tax, Tag, and Title; 4. *License Plate Transfer; 5. Preparation; 6. Handling; 7. Freight; 8. Distribution; 9. Shipping; 10. Delivery to any point within the State of Florida; 11. Warranty; 12. Tire and Battery Fee; 13. Any other charges or fees necessary to deliver the Motor Vehicle or Options according to the requirements, specifications, terms, and conditions, exclusive of taxes; and 14. Installation (except as specified in the Body Transfer and 3rd Party Body Installations section of the SOW) DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 14 of 17 Motor Vehicles *Customers have the right to process their own Tax, Tag, and Title and License Plate Transfer. If this occurs, the Contractor shall credit the Customer for any applicable title fees. Charges and fees in excess of those that existed on the date the Contract was entered into may be extended to Customers only if the amount of the increase is attributable to changes in market conditions. The amount of the charge or fee extended to Customers shall not exceed the difference between the amount of the charge or fee at the time of the request for Departmental approval and the amount of the charge or fee that existed at the inception of the Contract. Prior to extending any such charge or fee to Customers, the Contractor must request the Department’s approval by submitting to the Contract Manager documentation and justification for extending the amount of the charge or fee to Customers; the Contractor must explain the changes in market conditions that resulted in the charge or fee, identify the entity that determines and will receive the charge or fee (e.g. Manufacturer), and provide the methodology used to determine the amount of the charge or fee extended to Customers. The Department reserves the exclusive right to approve or deny the increase of any charge or fee request. Any charge or fee request will be reviewed separately and accepted or rejected on an individual basis. After obtaining written approval from the Department to extend a charge or fee to Customers, the approved amount of the charge or fee must be listed separately on the PQF; the Contractor shall provide documentation of the Department’s approval with each PQF that includes the charge or fee. 21. Contract Reporting The Contractor shall report information on orders received from Customers associated with this Contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Date MFMP Transaction Fee Report Calendar month 15 calendar days after the end of each month Quarterly Sales Report State’s Fiscal Quarter 30 calendar days after close of the period Diversity Report (submitted to the Customer) State Fiscal Year 30 Business Days after close of the period DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 15 of 17 Motor Vehicles 22. MFMP Transaction Fee Report The Contractor is required to submit monthly MFMP Transaction Fee Reports in the Department’s electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and vendor training presentations available online at the Transaction Fee & Reporting section and Training for Vendors section on the MFMP website. Assistance with Transaction Fee Reporting is also available from the MFMP Customer Service Desk by email at: VendorHelp@myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. 23. Quarterly Sales Reports The Contractor shall submit a Quarterly Sales Report in the manner and format required by the Department within thirty (30) calendar days after the close of each quarter. The Quarterly Sales Report template can be found here: https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/quarterly_sales_report_format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website are the responsibility of the Contractor without prompting or notification by the Department. If no sales are recorded during the period, the Contractor shall confirm that there was no reportable activity in the manner required by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded in two consecutive quarters, the Contractor may be placed on probationary status, or the Department may terminate the Contract. Failure to provide the Quarterly Sales Report, or other reports requested by the Department, will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract. Quarter 1 – (July-September) – due 30 calendar days after the close of the period. Quarter 2 – (October-December) – due 30 calendar days after the close of the period. Quarter 3 – (January-March) – due 30 calendar days after the close of the period. Quarter 4 – (April-June) – due 30 calendar days after the close of the period. 24. Diversity Report The Contractor shall report to each Customer, spend with certified and other minority business enterprises. These reports shall include the period covered, the name, minority code and Federal Employer Identification Number of each minority business utilized during the period, Commodities provided by the minority business enterprise, and the amount paid to each minority business on behalf of each purchasing agency ordering under the terms of this Contract. 25. Ad Hoc Reports The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the form acceptable to the Department within the timeframe specified by the Department. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 16 of 17 Motor Vehicles 26. Business Review Meetings Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer may specify the format or agenda for the meeting. At a minimum, the Business Review Meeting may include the following topics: a. Contract compliance b. Contract savings (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance 27. Financial Consequences Financial Consequences will be assessed for failure to timely perform or submit a report as required by the Contract and shall be paid via check or money order in US Dollars and made out to the Department of Management Services or the specific Customer, where applicable. Financial Consequences will be assessed daily or per occurrence for each individual failure until the performance or submittal is accomplished to the Department’s or Customer’s satisfaction, unless stated otherwise. Customer’s reserve the right to revise or add additional financial consequences for each order. For the submissions of reports, financial consequences will apply to each target period beginning with the first full month or quarter of the Contract’s performance and each month and quarter thereafter. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit completed Quarterly Sales Reports to the Department All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per Calendar Day late/not received Contractor will timely submit completed MFMP Transaction Fee Reports to the Department All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $250 per Calendar Day late/not received Contractor will timely provide accurate Price Quote Forms to Customers All Price Quote Forms will be timely provided to Customers with accurate information PQFs are due within two Business Days following the Customer’s request $250 per occurrence of an inaccurate or untimely Price Quote Form DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 25100000-23-STC Page 17 of 17 Motor Vehicles Contractor will deliver Motor Vehicles with no less than a ¼ tank of fuel upon delivery to Customers Contractor shall adhere to delivery requirements pursuant to the Transportation and Delivery section in the SOW Upon each Motor Vehicle delivery to Customers $50 per occurrence of a Motor Vehicle delivery with less than a ¼ tank of fuel upon delivery to Customers Ad hoc report(s) Provide ad hoc reports as requested Within the timeframe agreed to by the Department and the Contractor or Customer and Contractor $250 per occurrence No favorable action will be considered for any Contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees / monies that are required under this Contract. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D 1 Exhibit C ADDITIONAL SPECIAL CONTRACT CONDITIONS A. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following: 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(14), F.S. 3.2.2 Preferred Pricing. Left intentionally blank. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(24), F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), or as may otherwise be established by law, which the vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the vendor’s failure to perform or comply with specifications or requirements of the agreement. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or submission of required reporting of transactions shall constitute grounds for declaring the Vendor in default. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)- (c) and (g), F.S., are hereby incorporated by reference. Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing information relevant to performance of the Contract or purchase order to members or staff of the Florida Senate or Florida House of Representatives. Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and ensure a representative will be available to, a continuing oversight team. The Contractor will comply with all applicable disclosure requirements set forth in section 286.101, F.S. In the event the Department of Financial Services issues the Contractor a final order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the Contractor shall immediately notify the Department and applicable Customers and shall be disqualified from Contract eligibility. 5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists. In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration or termination of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F.S., made or received by the Contractor in conjunction with the Contract unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT PUBLICRECORDS@DMS.FL.GOV, (850) 487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. 13.2 E-Verify. The Contractor and its subcontractors have an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees in accordance with section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. The Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department’s Contract Manager within five days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one year after the date of such termination. The Department will promptly notify the Contractor and order the immediate termination of the contract between the Contractor and a subcontractor performing work on its behalf for this Contract should the Department have a good faith belief that the subcontractor has knowingly violated section 448.09(1), F.S. B. Special Contract Conditions additions: the following subsection is added to the Special Contract Conditions: 12.3 Document Inspection. In accordance with section 216.1366, F.S., the Department or a state agency is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Contractor which the Department or state agency determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department or a state agency within 10 Business Days after the request is made. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 1  SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2  SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2  SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3  SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4  SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6  SECTION 6. MISCELLANEOUS. ................................................................................................................. 7  SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9   SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL  PROPERTY. ............................................................................................................................................. 10  SECTION 9. DATA SECURITY. ................................................................................................................. 12  SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13  SECTION 11. CONTRACT MONITORING. ............................................................................................... 14  SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15  SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16  SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17  In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. Exhibit D DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 2  SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 3  SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 4  3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 5  Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 6  AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 7  Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 8  Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 9  6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.   7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 10  All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security.   7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 11  The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 12  responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 13  The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 14  SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 15  The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 16  12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D SP approved version 7‐1‐2019 17  (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D State Term Contract No. 25100000-23-STC For Motor Vehicles Page 1 of 2 This Contract is between the State of Florida, Department of Management Services (Department), an agency of the State of Florida, and Duval Ford LLC (Contractor), collectively referred to herein as the “Parties.” Accordingly, for the good and mutual consideration hereby acknowledged, the Parties agree as follows: I.Initial Contract Term. The Initial Contract Term shall be for two years. The Initial Contract Term shall begin on May 17, 2023. The Contract shall expire on May 16, 2025, unless terminated earlier in accordance with the Special Contract Conditions and Additional Special Contract Conditions. II.Renewal Term. Upon mutual written agreement, the Parties may renew this Contract for one year, in whole or in part, pursuant to the incorporated Special Contract Conditions. III.Contract. As used in this document, “Contract” (whether or not capitalized) shall, unless the context requires otherwise, include this document and all incorporated Exhibits, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Contract must be in writing and signed by all Parties. All Exhibits listed below are incorporated in their entirety into, and form part of, this Contract. The Contract document and Exhibits shall have priority in the following order: DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE State Term Contract No. 25100000-23-STC For Motor Vehicles Page 2 of 2 a) This Contract document b) Exhibit A, Scope of Work c) Exhibit B, Cost Sheet (Group 1 – 7) d) Exhibit C, STC Additional Special Contract Conditions e) Exhibit D, Special Contract Conditions f) Exhibit E, Price Quote Form (PQF) g) Exhibit F, Acknowledgement of Order Form IV. Contract Management. Department’s Contract Manager: Christopher McMullen Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 922-9867 Email: Christopher.McMullen@dms.fl.gov Contractor’s Contract Manager: Jared Davis Duval Ford LLC 405 Lane Ave N Jacksonville, FL 32254 Telephone: (904) 388-2144 Email: Jared.Davis@DuvalMotor.com This Contract is executed by the undersigned officials as duly authorized. This Contract is not valid and binding on all Parties until signed and dated by both Parties. Duval Ford LLC STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ Jared Davis Secretary, Pedro Allende _____________________________ _______________________________ Date: Date: DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 5/10/2023 | 2:34 PM EDT 5/10/2023 | 5:15 PM EDT 25100000-23-STC Page 1 of 17 Motor Vehicles Exhibit A Scope of Work 1. Purpose To provide Customers with new and unused Motor Vehicles on a statewide basis, pursuant to the terms set forth in this Scope of Work. Contractors shall provide Motor Vehicles and applicable Options in accordance with the scope contained herein. All State Agencies shall comply with section 287.151, Florida Statutes, when purchasing under this Contract. The Motor Vehicles offered under the Contract shall be classified under the following Groups and Sub-Groups, which are listed and described as follows: • Group 1: Law Enforcement Vehicles o Sub-Group A: Police Pursuit Vehicles o Sub-Group B: Special Service Vehicles o Sub-Group C: Transport Vans o Sub-Group D: Non-Specialized Vehicles for Law Enforcement Use Only o Sub-Group E: Motorcycles • Group 2: Sedans and Hatchbacks o Sub-Group A: Sedans o Sub-Group B: Hatchbacks • Group 3: Minivans and Vans o Sub-Group A: Minivans o Sub-Group B: Vans o Sub-Group C: Cutaways/Chassis Cabs • Group 4: Sport Utility Vehicles o Sub-Group A: Crossover Sport Utility Vehicles o Sub-Group B: Traditional Sport Utility Vehicles • Group 5: Light Duty Trucks o Sub-Group A: Compact and Mid-Size Pickup Trucks o Sub-Group B: Full-Size Pickup Trucks • Group 6: Medium Duty Trucks o Sub-Group A: Pickup Trucks o Sub-Group B: Chassis Cabs • Group 7: Low Speed Vehicles 2. Definitions Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Attachment D, Special Contract Conditions; and the PUR 1001, General Instructions to Respondents (10/06), are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this Scope of Work. All definitions apply in both their singular and plural sense. Brand – A particular name under which a Motor Vehicle or Option is sold by a Manufacturer. Examples include, but are not limited to: Ford, GMC, Chevrolet, Nissan, Toyota, etc. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 2 of 17 Motor Vehicles Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, Florida Statutes, from 8:00 a.m. to 5:00 p.m. at the Customer’s location. Commodity – As defined in section 287.012, Florida Statutes. Commodity Code – The State’s numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying Commodities and services. Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law. Contract – The written agreement between the Department and the Contractor resulting from ITB No. 23-25100000-ITB. Contract Manager – The representative designated by the Department who will oversee all aspects of the Contract, monitor performance expectations, and serve as the primary point of contact for the Contractor. Contractor – A Vendor that enters into a Contract with the Department as a result of receiving an award from ITB No. 23-25100000-ITB. A Contractor can be a Manufacturer or Dealer. Cost – The actual price the Contractor paid for the Model and applicable Options from the Manufacturer including any delivery fees. Any price changes that occur during the manufacturing, ordering, or delivery process must be approved by the Customer. Cost Plus Percentage – The percentage the Contractor is allowed to charge above the Cost of the Model and applicable Options. Customer – A State agency or Eligible User. Dealer – A Manufacturer’s certified dealer who has been authorized by the Manufacturer to market, sell, provide, and service the Models or Options from the Manufacturer. Dealers may be Contractor-owned and -controlled, (in whole or in part) or independently owned and controlled. Department – The Department of Management Services, a State agency. Eligible User – As defined in Rule 60A-1.001, Florida Administrative Code. Free on Board (FOB) Destination – A shipping method as defined in section 672.319(1)(b), Florida Statutes. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 3 of 17 Motor Vehicles Group – A series of Models with applicable Commodity Codes, which are described in this Scope of Work and Attachment C, Cost Sheet (Group 1 – 7). A Group may or may not include Sub-Groups. Manufacturer – The original producer of a Motor Vehicle or Option, which may be sold under a Brand name. Examples include, but are not limited to: Ford Motor Company, General Motors (GM), Nissan Motor Corporation, Toyota Motor Corporation, etc. Manufacturer’s Last Order Date – The final date the Manufacturer stops accepting orders for a Model, either for a specific production year or overall (i.e., the discontinuation of a Model). Manufacturer’s Suggested Retail Price (MSRP) – The Manufacturer’s recommended retail selling price, list price, published price, or other usual and customary price that would be paid by the purchaser for specific Commodities or services without the benefit of the Contract. Model – A particular name used to identify a collection of Motor Vehicles that are sold under the same Brand name and are similar in style and appearance. Examples include, but are not limited to, Ford F-150, GMC Sierra, Chevrolet Suburban, Nissan Titan, Toyota Corolla, etc. Motor Vehicle – A specific vehicle that meets the definition of “Motor vehicle” contained in section 320.01(1), Florida Statutes, or a specific vehicle that meets the definition of “Low-speed vehicle” as contained in section 320.01(41), Florida Statutes. The term includes all Options that are attached to or provided with the vehicle when it is manufactured. The Cost Plus Percentage shown in Attachment C, Cost Sheet (Group 1 – 7), shall apply to the Cost for the Motor Vehicle, regardless of whether any Options were specifically requested by the Customer or are considered “standard” or “optional” for the trim level ordered by the Customer. Options – Options which meet the requirements, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Motor Vehicle by the Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry. Options include the following types: • Non-Original Equipment Manufacturer (OEM) Option – A new and unused Option intended for the Motor Vehicle that is produced by a party other than the OEM. May also be referred to as an aftermarket Option. • OEM Option - A new and unused Option intended for the Motor Vehicle that is produced by the OEM. State – The State of Florida. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 4 of 17 Motor Vehicles Sub-Group – A specific series of Models within a Group, which are described in this Scope of Work and Attachment C, Cost Sheet (Group 1 – 7). A Group may or may not include Sub- Groups. 3. Minimum Specifications and Standards The Contractor shall ensure all Motor Vehicles and Options offered under this Contract comply with the following: a. Designed, constructed, equipped, assembled, and installed to be fully suitable for their intended use, purpose, and service pursuant to this Scope of Work; b. New and unused (except as specified in the Transportation and Delivery section of this Scope of Work), for the Manufacturer’s latest Model year available, of current or recent production, and of the latest available design and construction; c. Include all features, equipment, and components installed by Manufacturer or Dealer according to the Manufacturer’s current procedures and requirements for the applicable Manufacturer’s Motor Vehicles; d. Free of damage, defect, and rust which may affect appearance, operability, functionality, or serviceability; e. Motor Vehicles and Options ordered by the Customer are fully compatible with each other; f. Comply with current legal, customary, reasonable, and professional standards of the Motor Vehicle and transportation equipment manufacturing industry; g. Comply with current mandatory and applicable federal and State of Florida Motor Vehicles standards and requirements including, but not limited to, all legal, safety, and environmental standards and requirements; and 4. Advertising and Marketing No Dealer’s advertising and identification (name, logos, etc.) is permitted on any Commodity offered under this Contract. The Manufacturer’s advertising and identification (name, Model, logos, etc.) is permitted on any Commodity provided under this Contract if such advertising and identification is a Manufacturer’s practice. The Contractor shall be responsible for removing, without damage, all impermissible or unacceptable advertising and identification. The Department and Customers reserve the right to, in their sole discretion, determine what advertising and identification is considered unacceptable under this Contract. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 5 of 17 Motor Vehicles 5. Luxury, Performance, or Sport Motor Vehicles or Options No luxury, performance, or sport Motor Vehicles or Options shall be permitted under this Contract. The Bureau of Fleet Management and the Contract Manager shall determine what is considered luxury, performance, or sport. All Options and equipment must be approved by the Bureau of Fleet Management in accordance with 60B-1 F.A.C. 6. Installation When installation is required, the Contractor shall be responsible for ensuring the installation of the Options in the required locations at no additional charge, as specified in the Charges and Fees section. Options shall be assembled and installed by the Manufacturer, Dealer, or at the port. All materials used in the installation shall be new and unused and shall be free of defects that would diminish the appearance or render it structurally or operationally unsound. Installation includes the furnishing of any materials required to install or replace the parts in the proper location. The Contractor shall protect the installation site from damage and shall repair any damages caused during installation. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. The Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on the installation 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. 6.1 Body Transfer and 3rd Party Body Installations In the event the Customer chooses to purchase or supply a cab and chassis, or cutaway van separately, the Contractor must comply with section 319.21, Florida Statutes, perform Manufacturer required pre-delivery inspection, and ensure all proper tag and title documents are present during the inspection and delivery pursuant to Florida license requirements. The Contractor shall inform the Customer, upon receipt of the order, of any additional charges for installation of aftermarket Options only. The Department reserves the right to reject an installation charge if, within the Department’s sole discretion, the proposed installation charge does not align with market prices. The Manufacturer must certify that it conforms to all Federal Motor Vehicle Safety Standards (FMVSS). The facilitation of a body transfer or 3rd party body installations must be included in the Motor Vehicle’s price; however, an additional cost may occur for installation by the Contractor or body upfitter. The installation cost may vary due to the body configuration; however, the installation price shall be included on the Price Quote Form (PQF) from the Contractor. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 6 of 17 Motor Vehicles 7. Warranty Repairs and Adjustments All warranty repairs and adjustments are covered throughout the Contract term at no additional cost to Customer(s) or the Department. The Manufacturer shall be responsible for warranty and recall services performed, regardless of whether the Contractor actually performed the service. Nothing in this section requires or allows the Contractor to require the Customer to return the Motor Vehicle to the Contractor for warranty repairs and adjustments. The Customer shall be able to return the Motor Vehicle to any location authorized by the Manufacturer to perform warranty repairs and adjustments at no additional cost to the Customer. 7.1 Extended Warranty This Contract does not include “extended warranty” service agreements. However, the Contractor may offer Customers “extended warranty” service agreements for the maintenance and repair of Commodities after the initial warranty expires, but not as a term of this Contract. The Contractor will list this additional service as a separate item on the invoice. 8. Federal and State Standards All requirements herein are in full and complete compliance with all federal and State of Florida laws, standards, and regulations applicable to the type and class of Commodities and contractual services being provided. This includes but is not limited to: Federal Motor Vehicle Safety Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA”), Environmental Protection Agency (“EPA”) Standards, and State of Florida laws, requirements, and regulations that apply to the type and class of Commodities and contractual services being provided. It is the intent of the Department that the Contractor(s) comply with all applicable federal and State of Florida regulations regarding the Commodities and contractual services’ safety and environmental requirements, including any legislation or regulations which become effective during the term of the Contract and shall become a part of the Contract. The Contractor(s) shall meet or exceed any such requirements of the laws and regulations applicable to the type and class of Commodities and contractual services provided. If a conflict exists, the Contractor, regardless of whether it is the Manufacturer or Dealer, shall contact the Department’s Contract Manager in writing no later than 24 hours after identification of the conflict. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 7 of 17 Motor Vehicles 9. Warranty The Manufacturer’s warranty shall cover all Commodities and contractual services offered under the Contract. The Manufacturer’s warranty is required to provide coverage against defective material, workmanship, and failure to perform. The Manufacturer’s warranty coverage shall be identical to or exceed those normally provided for the Commodities and contractual services specified herein that are sold to any Federal, state, or local governments. The Manufacturer’s warranty shall be in effect for a minimum term of one year from the Customer’s acceptance, as specified in the “Inspection and Acceptance” section. Should the Manufacturer’s warranty conflict with any requirements, terms, or conditions of the Contract, the Contract requirements, terms, and conditions shall prevail. Customers shall contact the Dealer or Manufacturer regarding the Manufacturer warranty terms and conditions. 10. Recalls In the event there is a recall of any of the Motor Vehicle or Options, the Contractor shall provide reasonable assistance to the Department in developing a recall strategy and shall cooperate with the Department and the Customers in monitoring the recall operation and in preparing such reports as may be required. Each Contractor shall immediately notify and provide copies to the Department of any communications, whether relating to recalls or otherwise, with any Customer. The Contractor shall ensure that defective Motor Vehicle and Options are rectified, replaced, and destroyed in compliance with all applicable laws, rules or regulations and the Department's reasonable instructions. All Contractor efforts related to recalls shall be at Contractor’s own expense. 11. Manufacturer’s Last Order Date and Production Schedule Changes The Contractor shall provide notification of a Manufacturer’s Last Order Date by email to the Department's Contract Manager no later than 30 calendar days prior to the effective date of the Manufacturer’s Last Order Date. When available, the Contractor shall immediately provide copies of the Manufacturer’s notice of the Manufacturer’s Last Order Date to the Department's Contract Manager. The Contractor shall notify the Customer and the Department’s Contract Manager in writing of any production schedule changes associated with the Customer’s order within one Business Day of receiving the order. 12. Model Additions, Replacements, and Deletions A new Model may be added to Attachment C, Cost Sheet (Group 1 – 7) at the request of the Contractor if all of the following conditions are met: • The Model did not exist at the time of the original procurement; • The Model is produced under a Brand for which the Contractor was awarded; • The Model meets or exceeds the Contract requirements, specifications, terms and conditions; • The Model falls under a Sub-Group (or Group, for Groups that do not include Sub- Groups) for which the Contractor was awarded; and DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 8 of 17 Motor Vehicles • The Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered by the Contractor is less than or equal to the highest Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered for all Models in the same Sub-Group (or Group, for Groups that do not include Sub-Groups) for which the Contractor was awarded. An existing Model may be replaced by a newer Model in Attachment C, Cost Sheet (Group 1 – 7) at the request of the Contractor if all of the following conditions are met: • The new Model did not exist at the time of the original procurement; • The new Model is produced under the same Brand as the existing Model; • The Model meets or exceeds the Contract requirements, specifications, terms and conditions; • The Manufacturer’s intent is to replace the existing Model with the new Model; and • The Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered by the Contractor for the new Model is less than or equal to the Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage for the existing Model being replaced. An existing Model may be deleted from Attachment C, Cost Sheet (Group 1 – 7) at the request of the Contractor if the Manufacturer discontinues production of the Model. The Department reserves the right to delete Models, from this Contract by removing them from Attachment C, Cost Sheet (Group 1 – 7). Models may be removed at the sole discretion of the Department. The Department reserves the exclusive right to approve or deny any addition, deletion, replacement, or other request under this section and to establish its effective date. Requests will be reviewed separately and accepted or rejected on an individual basis. 13. Price Quote Form (PQF) Customers shall request a PQF from all Contractors awarded for a specific Model. If the Model is available from the Contractor, the Contractor shall provide Customers a completed PQF for Motor Vehicles and Options purchased under this Contract and all charges, including labor and installation, shall be itemized separately. The maximum pricing permitted shall not exceed the sum of the Cost and applied Cost Plus Percentage for the awarded Model and Options. The Customer and Contractor may negotiate a lower price. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 9 of 17 Motor Vehicles Upon Customer request, the completed PQF shall be provided by the Contractor and returned to the Customer within two Business Days. The Contractor will provide the price available at the time of the PQF using the latest information available from the manufacturer at the time and considering Options or other additions to meet the Model and Options requested. The Contractor is responsible for communicating any potential price changes during the manufacturing process, and then give the Customer the option to accept the changes or cancel the purchase order. The Contractor shall be responsible for removing all non-eligible and unacceptable charges and fees under the Contract from the PQF. At the time of quote, the PQF must be accompanied by documentation showing Cost and the added Cost Plus Percentage for the Customer. Upon delivery, the Contractor must provide documentation showing Cost and the added Cost Plus Percentage for the Customer. At a minimum, the Contractor shall provide documentation reflecting the actual price the Contractor paid for the Model and applicable Options from the Manufacturer including any delivery fees. Any price changes that occur during the manufacturing, ordering, or delivery process must be approved by the Customer. 14. Department Approval (State Agency Only) After receiving a completed PQF, the Customer will develop a justification to support price reasonableness and complete the MP6301, Request for Acquisition of Motor Vehicle(s) and Mobile Equipment Form, which is available at: https://www.dms.myflorida.com/business_operations/fleet_management_and_federal_property_assistance/fleet_management/purchase_of_mobile_equipment 15. Acknowledgment of Order Form The Contractor shall email Customers with a completed Attachment I, Acknowledgment of Order Form, within five Business Days of receiving the Customer’s order. The Contractor must use the Acknowledgment of Order Form and shall not make any alterations. Failure by the Contractor to provide the Customer the Acknowledgment of Order Form within five Business Days from the date the Contractor received the Customer’s order will be considered acceptance of the order by default, which, if necessary, shall require the provision of the Motor Vehicle(s) and Options which meets the requirements, terms, and conditions herein and shall not be higher than the Cost Plus Percentage provided in Attachment C, Cost Sheet (Group 1 – 7). If the awarded Motor Vehicle(s) and Options are not available or cannot be delivered within the contractually required timeframe, the Contractor must provide a comparable Motor Vehicle(s) and Options of equal or better value which meets or exceeds the requirements, terms, and conditions herein. The Contractor’s proposed substitution is subject to prior approval by the Customer and the Department. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 10 of 17 Motor Vehicles 16. Acceptance of Order The Contractor shall deliver the awarded Motor Vehicle(s) and Options listed on the Customer’s order in accordance with the prices, Cost Plus Percentages, requirements, terms, and conditions of the Contract and the Customer’s order. 17. Transportation and Delivery The final price to the Customer shall include all charges for packing, handling, freight, distribution, and delivery. Transportation and Delivery of Motor Vehicles and Options shall be Free on Board (FOB) Destination to any location statewide as follows: 1. Motor Vehicles and Options not in stock or unavailable from a Manufacturer at the time of order must be delivered within 180 calendar days, and only based on industry delays, not to exceed 365 calendar days, after receipt of order, unless otherwise agreed to by the Customer. For any delivery not made within the 180 calendar day timeframe, due to industry delays, the Department’s Contract Manager must be notified immediately by the Contractor and given a copy of the Customer’s order. The Contractor must provide the Department’s Contract Manager any requested information and a timeframe for completion of the order. 2. Motor Vehicles and Options in stock must be delivered within 14 calendar days after receipt of the Customer’s order unless an Option requires a post-Manufacturer or Dealer installation. These Options shall be delivered within 30 calendar days after receipt of the order. Delivery of Motor Vehicles and Options is defined as the receipt by the Customer and delivered to the Customer’s place of business or designated location, or if the Customer chooses, at the Contractor’s place of business. The Contractor shall provide Customers a minimum of 24 hours’ written notice prior to delivery. Deliveries will be received only between 8:00 a.m. and 3:00 p.m. on Business Days and on the Customer’s local time unless previously arranged and approved by the Customer in writing. Deliveries of Motor Vehicles and Options can be made by either private or common carrier transport; or where delivery may be accomplished by driving the self-propelled vehicle with less than 250 odometer miles at delivery, the self-propelled vehicle may, with the Customer’s prior approval, be driven to the delivery location. The Contractor must make every effort to minimize the number of odometer miles at delivery. At the Customer’s option, vehicles with more than 250 odometer miles at delivery may be rejected, or $0.50 per mile in excess of 250 odometer miles may be deducted from the invoice and payment owed to Contractor. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 11 of 17 Motor Vehicles The Contractor must comply with the Manufacturer’s break-in requirements and all applicable traffic and safety laws. All Motor Vehicles delivered by the Contractor to the Customer shall contain no less than ¼ tank of fuel as indicated by the fuel gauge at the time of delivery and receipt by the Customer. The Contractor will perform a Manufacturer’s Pre-Delivery Inspection (PDI) and is responsible for delivering Motor Vehicles and Options that are properly serviced, clean, and in first class operating condition. Pre-Delivery service, at a minimum, shall include the following: 1. Complete lubrication of operating chassis, engine, andmechanisms with Manufacturer’s recommended grades of lubricants; 2. Check and fill all fluid levels to ensure proper fill; 3. Adjust engine(s), motor(s), and drive(s) to proper operating condition; 4. Inflate tires (including any spares) to proper pressures; 5. Check to ensure proper operation of all gauges, lights, and mechanical and hydraulic features; 6. Clean equipment, if necessary, and remove all unnecessary tags, stickers, papers, etc.; and 7. Ensure that the Motor Vehicle is completely assembled, unless otherwise noted by the Customer, and thoroughly tested and ready for operation upon Delivery. All Motor Vehicles shall be delivered with the following, completed documents: 1. Manufacturer’s PDI form; 2. A copy of the Customer’s order; 3. Contractor’s Attachment C, Cost Sheet (Group 1 – 7); 4. Manufacturer’s invoice(s) for each delivered Commodity, including individual Motor Vehicle, and Options, in the shipment; 5. Proof of Manufacturer’s MSRP (commonly known as the window sticker) if applicable, which shall not be adhered to the Vehicle and instead provided with the documents listed herein; 6. Manufacturer’s certificate of origin, if applicable; 7. Manufacturer’s operator manual 8. Manufacturer’s warranty certifications; 9. Sales Tax Exemption Form, if applicable; 10. Temporary tag and 20-day extension tag, if applicable; and 11. DHSMV 82040, Application for Certificate of Title and vehicle registration, if applicable. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 12 of 17 Motor Vehicles Deliveries that do not include all above applicable forms and publications, or that have forms that have been altered, or are not properly completed, may be refused. Repeated failures by the Contractor to include the above properly completed documentation or that have submitted altered forms to the Customer may be cause for default proceedings and Contract termination. 18. Inspection and Acceptance Section 6.4, Inspection and Acceptance of Commodities, of Exhibit D, Special Contract Conditions, is supplemented by adding the following: The Customer should inspect the Motor Vehicle and Options for any physical damage. The Contractor is obligated to correct any Customer identified errors or damage at no cost to the Customer. Inspection and acceptance shall occur at the location of the Customer’s place of business or designated location, or if the Customer chooses, at the Contractor’s place of business. Title and risk of loss or damage to all Motor Vehicles and Options shall be the responsibility of the Contractor until inspection and acceptance by the Customer. If a Motor Vehicle or Option requires service or adjustments, as required by the Customer, the Contractor shall either correct the issue or be responsible for reimbursing the Manufacturer’s local service Dealer or others selected by the Customer to remedy the defect. The Contractor shall initiate such required service or adjustments within two Business Days following notification by the Customer. The Commodity shall not be accepted until all service or adjustments are satisfactory, and the Commodity is re-delivered in acceptable condition. All costs of transportation and delivery incurred for initial delivery and any re-deliveries due to non-Customer error or damage are the responsibility of the Contractor. The Customer shall notify the Department of any Contract deviation that it cannot resolve with the Contractor. The Department and Customer shall develop a corrective action plan related to the Contract deviation, which may include the Customer’s permanent refusal to accept the Motor Vehicle or Option, in which case the Commodity shall remain the property of the Contractor, and the Customer and the State shall not be liable for payment for any portion thereof. 19. Commodities Title and Registration The Contractor shall title and register Motor Vehicles delivered under the Contract for the Customer in accordance with Florida Law, including Chapters 319 and 320, F.S. The Contractor shall provide any necessary form(s) that must be signed by the Customer at the time of delivery, and the Contractor shall obtain any necessary signature(s) and complete the titling and registration process for the Customer within the timeframe agreed to by the Customer and the Contractor. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 13 of 17 Motor Vehicles In the event the Customer is permitted by law to obtain title and registration for the Motor Vehicle independent of the Contractor and chooses to obtain title and registration independent of the Contractor, the Customer shall notify the Contractor in writing of this decision no later than three Business Days following receipt of the Acknowledgment of Order Form. However, the Customer shall then be obligated to title and register the Motor Vehicle and the Contractor shall provide the Customer any documents necessary for the Customer to do so at the time of delivery. The Contractor may obtain special plates such as “State”, “County”, or “City” from most county tax offices, but agency plates such as “DOT”, “DC”, “DNR”, etc. shall be obtained from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, in Tallahassee, Florida. Customers may elect to transfer an existing license plate, or may choose to obtain a new license plate, for which additional fees may apply. • The Contractor is not required to obtain new license plates for the Customer unless there is a notation, and a new license plate fee is included on the Customer’s order. The Customer’s order notation for a new license plate shall include the request for a new license plate, what type of license plate is required, and a Customer point of contact including the person’s name, title, and telephone number should there be any questions. 20. Charges and Fees All pricing under this Contract shall include the following in the Cost Plus Percentage: 1. Administrative; 2. Environmental; 3. *Tax, Tag, and Title; 4. *License Plate Transfer; 5. Preparation; 6. Handling; 7. Freight; 8. Distribution; 9. Shipping; 10. Delivery to any point within the State of Florida; 11. Warranty; 12. Tire and Battery Fee; 13. Any other charges or fees necessary to deliver the Motor Vehicle or Options according to the requirements, specifications, terms, and conditions, exclusive of taxes; and 14. Installation (except as specified in the Body Transfer and 3rd Party Body Installations section of the SOW) DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 14 of 17 Motor Vehicles *Customers have the right to process their own Tax, Tag, and Title and License Plate Transfer. If this occurs, the Contractor shall credit the Customer for any applicable title fees. Charges and fees in excess of those that existed on the date the Contract was entered into may be extended to Customers only if the amount of the increase is attributable to changes in market conditions. The amount of the charge or fee extended to Customers shall not exceed the difference between the amount of the charge or fee at the time of the request for Departmental approval and the amount of the charge or fee that existed at the inception of the Contract. Prior to extending any such charge or fee to Customers, the Contractor must request the Department’s approval by submitting to the Contract Manager documentation and justification for extending the amount of the charge or fee to Customers; the Contractor must explain the changes in market conditions that resulted in the charge or fee, identify the entity that determines and will receive the charge or fee (e.g. Manufacturer), and provide the methodology used to determine the amount of the charge or fee extended to Customers. The Department reserves the exclusive right to approve or deny the increase of any charge or fee request. Any charge or fee request will be reviewed separately and accepted or rejected on an individual basis. After obtaining written approval from the Department to extend a charge or fee to Customers, the approved amount of the charge or fee must be listed separately on the PQF; the Contractor shall provide documentation of the Department’s approval with each PQF that includes the charge or fee. 21. Contract Reporting The Contractor shall report information on orders received from Customers associated with this Contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Date MFMP Transaction Fee Report Calendar month 15 calendar days after the end of each month Quarterly Sales Report State’s Fiscal Quarter 30 calendar days after close of the period Diversity Report (submitted to the Customer) State Fiscal Year 30 Business Days after close of the period DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 15 of 17 Motor Vehicles 22. MFMP Transaction Fee Report The Contractor is required to submit monthly MFMP Transaction Fee Reports in the Department’s electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and vendor training presentations available online at the Transaction Fee & Reporting section and Training for Vendors section on the MFMP website. Assistance with Transaction Fee Reporting is also available from the MFMP Customer Service Desk by email at: VendorHelp@myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. 23. Quarterly Sales Reports The Contractor shall submit a Quarterly Sales Report in the manner and format required by the Department within thirty (30) calendar days after the close of each quarter. The Quarterly Sales Report template can be found here: https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/quarterly_sales_report_format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website are the responsibility of the Contractor without prompting or notification by the Department. If no sales are recorded during the period, the Contractor shall confirm that there was no reportable activity in the manner required by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded in two consecutive quarters, the Contractor may be placed on probationary status, or the Department may terminate the Contract. Failure to provide the Quarterly Sales Report, or other reports requested by the Department, will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract. Quarter 1 – (July-September) – due 30 calendar days after the close of the period. Quarter 2 – (October-December) – due 30 calendar days after the close of the period. Quarter 3 – (January-March) – due 30 calendar days after the close of the period. Quarter 4 – (April-June) – due 30 calendar days after the close of the period. 24. Diversity Report The Contractor shall report to each Customer, spend with certified and other minority business enterprises. These reports shall include the period covered, the name, minority code and Federal Employer Identification Number of each minority business utilized during the period, Commodities provided by the minority business enterprise, and the amount paid to each minority business on behalf of each purchasing agency ordering under the terms of this Contract. 25. Ad Hoc Reports The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the form acceptable to the Department within the timeframe specified by the Department. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 16 of 17 Motor Vehicles 26. Business Review Meetings Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer may specify the format or agenda for the meeting. At a minimum, the Business Review Meeting may include the following topics: a. Contract compliance b. Contract savings (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance 27. Financial Consequences Financial Consequences will be assessed for failure to timely perform or submit a report as required by the Contract and shall be paid via check or money order in US Dollars and made out to the Department of Management Services or the specific Customer, where applicable. Financial Consequences will be assessed daily or per occurrence for each individual failure until the performance or submittal is accomplished to the Department’s or Customer’s satisfaction, unless stated otherwise. Customer’s reserve the right to revise or add additional financial consequences for each order. For the submissions of reports, financial consequences will apply to each target period beginning with the first full month or quarter of the Contract’s performance and each month and quarter thereafter. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit completed Quarterly Sales Reports to the Department All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per Calendar Day late/not received Contractor will timely submit completed MFMP Transaction Fee Reports to the Department All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $250 per Calendar Day late/not received Contractor will timely provide accurate Price Quote Forms to Customers All Price Quote Forms will be timely provided to Customers with accurate information PQFs are due within two Business Days following the Customer’s request $250 per occurrence of an inaccurate or untimely Price Quote Form DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 25100000-23-STC Page 17 of 17 Motor Vehicles Contractor will deliver Motor Vehicles with no less than a ¼ tank of fuel upon delivery to Customers Contractor shall adhere to delivery requirements pursuant to the Transportation and Delivery section in the SOW Upon each Motor Vehicle delivery to Customers $50 per occurrence of a Motor Vehicle delivery with less than a ¼ tank of fuel upon delivery to Customers Ad hoc report(s) Provide ad hoc reports as requested Within the timeframe agreed to by the Department and the Contractor or Customer and Contractor $250 per occurrence No favorable action will be considered for any Contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees / monies that are required under this Contract. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE 1 Exhibit C ADDITIONAL SPECIAL CONTRACT CONDITIONS A. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following: 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(14), F.S. 3.2.2 Preferred Pricing. Left intentionally blank. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(24), F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), or as may otherwise be established by law, which the vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the vendor’s failure to perform or comply with specifications or requirements of the agreement. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or submission of required reporting of transactions shall constitute grounds for declaring the Vendor in default. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)- (c) and (g), F.S., are hereby incorporated by reference. Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing information relevant to performance of the Contract or purchase order to members or staff of the Florida Senate or Florida House of Representatives. Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and ensure a representative will be available to, a continuing oversight team. The Contractor will comply with all applicable disclosure requirements set forth in section 286.101, F.S. In the event the Department of Financial Services issues the Contractor a final order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the Contractor shall immediately notify the Department and applicable Customers and shall be disqualified from Contract eligibility. 5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists. In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration or termination of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F.S., made or received by the Contractor in conjunction with the Contract unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT PUBLICRECORDS@DMS.FL.GOV, (850) 487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. 13.2 E-Verify. The Contractor and its subcontractors have an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees in accordance with section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. The Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department’s Contract Manager within five days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one year after the date of such termination. The Department will promptly notify the Contractor and order the immediate termination of the contract between the Contractor and a subcontractor performing work on its behalf for this Contract should the Department have a good faith belief that the subcontractor has knowingly violated section 448.09(1), F.S. B. Special Contract Conditions additions: the following subsection is added to the Special Contract Conditions: 12.3 Document Inspection. In accordance with section 216.1366, F.S., the Department or a state agency is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Contractor which the Department or state agency determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department or a state agency within 10 Business Days after the request is made. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 1  SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2  SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2  SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3  SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4  SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6  SECTION 6. MISCELLANEOUS. ................................................................................................................. 7  SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9   SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL  PROPERTY. ............................................................................................................................................. 10  SECTION 9. DATA SECURITY. ................................................................................................................. 12  SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13  SECTION 11. CONTRACT MONITORING. ............................................................................................... 14  SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15  SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16  SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17  In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. Exhibit D DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 2  SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 3  SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 4  3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 5  Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 6  AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 7  Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 8  Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 9  6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.   7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 10  All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security.   7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 11  The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 12  responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 13  The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 14  SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 15  The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 16  12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE SP approved version 7‐1‐2019 17  (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: DD8B7E2C-EFE4-4FB4-B137-57C9429AD8EE Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor Chevrolet 1 Colorado 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 2 Maverick 3.00%Alan Jay Automotive Management, Inc.3.20%Step One Automotive dba Ford Crestview 4.80%Tropical Ford, Inc 3 Maverick (Hybrid)3.00%Alan Jay Automotive Management, Inc.3.50%Step One Automotive dba Ford Crestview 4.80%Tropical Ford, Inc 4 Ranger 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc.4.22%Tropical Ford, IncGMC5Canyon3.00%Alan Jay Automotive Management, Inc.Honda 6 Ridgeline Hyundai 7 Santa Cruz Jeep 8 Gladiator 3.00%Alan Jay Automotive Management, Inc. Nissan 9 Frontier 3.00%Alan Jay Automotive Management, Inc. Toyota 10 Tacoma 3.00%Alan Jay Automotive Management, Inc.11 Silverado 1500 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC12Silverado 2500 HD 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 13 Silverado EV (Electric)3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 14 F-150 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc.3.65%Tropical Ford, Inc 15 F-150 (Hybrid)3.00%Alan Jay Automotive Management, Inc.3.01%Tropical Ford, Inc 3.10%Step One Automotive dba Ford Crestview 16 F-150 Lightning (Electric)2.56%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.5.17%Bozard Ford Co. 17 Super Duty F-250 2.81%Tropical Ford, Inc 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc. 18 Sierra 1500 3.00%Alan Jay Automotive Management, Inc. 19 Sierra 2500 HD 3.00%Alan Jay Automotive Management, Inc. 20 Titan 3.00%Alan Jay Automotive Management, Inc.21 Titan XD 3.00%Alan Jay Automotive Management, Inc. 22 Ram 1500 3.00%Alan Jay Automotive Management, Inc.3.10%Step One Automotive dba CDJR Ft Walton Beach 23 Ram 1500 Classic 2.90%Step One Automotive dba CDJR Ft Walton Beach 3.00%Alan Jay Automotive Management, Inc. 24 Ram 1500 (Hybrid)3.00%Alan Jay Automotive Management, Inc.3.90%Step One Automotive dba CDJR Ft Walton Beach 25 Ram 2500 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba CDJR Ft Walton Beach 26 Tundra 3.00%Alan Jay Automotive Management, Inc. 27 Tundra (Hybrid)3.00%Alan Jay Automotive Management, Inc. Sub-Group A: Compact and Mid-Size Pickup Trucks Ford Sub-Group B: Full-Size Pickup Trucks Chevrolet Ford GMC Nissan Ram Toyota MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 5: Light Duty Trucks Commodity Codes: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES), 25101509 (ELECTRICALLY POWERED VEHICLE), 25101511 (PLUG-IN-HYBRID ELECTRIC VEHICLE) Sub-Group Brand Line Number Model Page 1 of 1 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor 1 Enclave 3.00%Alan Jay Automotive Management, Inc. 2 Encore 3.00%Alan Jay Automotive Management, Inc.3 Encore GX 3.00%Alan Jay Automotive Management, Inc. 4 Envision 3.00%Alan Jay Automotive Management, Inc. 5 Blazer 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 6 Bolt EUV 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC7Equinox3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 8 Trailblazer 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 9 Traverse 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 10 Bronco Sport 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 3.97%Tropical Ford, Inc11Edge3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 3.36%Tropical Ford, Inc 12 Escape 2.80%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc.4.15%Tropical Ford, Inc 13 Explorer 2.70%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc.3.44%Tropical Ford, Inc 14 Mustang Mach-E (Electric)2.78%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba Ford Crestview 15 Acadia 3.00%Alan Jay Automotive Management, Inc. 16 Terrain 3.00%Alan Jay Automotive Management, Inc. 17 CR-V (Hybrid) 18 HR-V19Passport 20 Pilot 21 CR-V 22 Kona 6.00%Step One Automotive dba Hyundai Brunswick23Kona Electric 6.00%Step One Automotive dba Hyundai Brunswick 24 Palisade 6.00%Step One Automotive dba Hyundai Brunswick 25 Santa Fe 6.00%Step One Automotive dba Hyundai Brunswick 26 Santa Fe (Hybrid)6.00%Step One Automotive dba Hyundai Brunswick27Santa Fe (Plug-In 6.00%Step One Automotive dba Hyundai Brunswick 28 Tucson 6.00%Step One Automotive dba Hyundai Brunswick 29 Tucson (Hybrid)6.00%Step One Automotive dba Hyundai Brunswick 30 Tucson (Plug-In Hybrid)6.00%Step One Automotive dba Hyundai Brunswick31Venue6.00%Step One Automotive dba Hyundai Brunswick 32 Cherokee 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba CDJR Ft Walton Beach 33 Compass 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba CDJR Ft Walton Beach 34 Renegade 3.00%Alan Jay Automotive Management, Inc.3.50%Step One Automotive dba CDJR Ft Walton Beach35Niro3.00%Alan Jay Automotive Management, Inc. 36 Seltos 3.00%Alan Jay Automotive Management, Inc. 37 Sorento 3.00%Alan Jay Automotive Management, Inc. 38 Soul 3.00%Alan Jay Automotive Management, Inc.39 Sportage 3.00%Alan Jay Automotive Management, Inc. 40 Telluride 3.00%Alan Jay Automotive Management, Inc. 41 CX-30 42 CX-543CX-5044CX-9 45 Eclipse Cross 46 Outlander 47 Outlander PHEV (Plug- In Hybrid)48 Outlander Sport49ARIYA 3.00%Alan Jay Automotive Management, Inc.50 Kicks 3.00%Alan Jay Automotive Management, Inc.51 Murano 3.00%Alan Jay Automotive Management, Inc. 52 Pathfinder 3.00%Alan Jay Automotive Management, Inc. 53 Rogue 3.00%Alan Jay Automotive Management, Inc. 54 Rogue Sport 3.00%Alan Jay Automotive Management, Inc.55 Ascent56Crosstrek 57 Forester 58 Outback Sub-Group A: Crossover Sport Utility Vehicles Buick Chevrolet Ford GMC Honda Hyundai Jeep Kia Mazda Mitsubishi Nissan Subaru MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 4: Sport Utility Vehicles Commodity Codes: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES), 25101509 (ELECTRICALLY POWERED VEHICLE), 25101511 (PLUG-IN-HYBRID ELECTRIC VEHICLE) Sub-Group Brand Line Number Model Page 1 of 2 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 4: Sport Utility Vehicles Commodity Codes: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES), 25101509 (ELECTRICALLY POWERED VEHICLE), 25101511 (PLUG-IN-HYBRID ELECTRIC VEHICLE) Sub-Group Brand Line Number Model 59 Solterra (Electric) 60 bZ4X (Electric)3.00%Alan Jay Automotive Management, Inc.61 C-HR 3.00%Alan Jay Automotive Management, Inc. 62 Corolla Cross 3.00%Alan Jay Automotive Management, Inc. 63 Corolla Cross (Hybrid)3.00%Alan Jay Automotive Management, Inc. 64 Highlander 3.00%Alan Jay Automotive Management, Inc.65 Highlander (Hybrid)3.00%Alan Jay Automotive Management, Inc. 66 RAV4 3.00%Alan Jay Automotive Management, Inc. 67 RAV4 (Hybrid)3.00%Alan Jay Automotive Management, Inc. 68 Venza (Hybrid)3.00%Alan Jay Automotive Management, Inc.69 ID.4 (Electric)70 Atlas 71 Atlas Cross Sport 72 Tiguan73Taos74Suburban 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 75 Tahoe 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC Dodge 76 Durango 3.00%Alan Jay Automotive Management, Inc.3.20%Step One Automotive dba CDJR Ft Walton Beach77Bronco3.00%Alan Jay Automotive Management, Inc.3.00%Tropical Ford, Inc 4.00%Step One Automotive dba Ford Crestview 78 Expedition 2.68%Tropical Ford, Inc 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc. 79 Yukon 3.00%Alan Jay Automotive Management, Inc. 80 Yukon XL 3.00%Alan Jay Automotive Management, Inc. 81 Grand Cherokee 2.90%Step One Automotive dba CDJR Ft Walton Beach 3.00%Alan Jay Automotive Management, Inc. 82 Grand Cherokee 4xe (Plug-In Hybrid)3.00%Alan Jay Automotive Management, Inc.5.90%Step One Automotive dba CDJR Ft Walton Beach 83 Wagoneer 3.00%Alan Jay Automotive Management, Inc.5.50%Step One Automotive dba CDJR Ft Walton Beach84Wrangler3.00%Alan Jay Automotive Management, Inc.3.50%Step One Automotive dba CDJR Ft Walton Beach85Wrangler 4xe (Plug-In 3.00%Alan Jay Automotive Management, Inc.5.00%Step One Automotive dba CDJR Ft Walton Beach Nissan 86 Armada 3.00%Alan Jay Automotive Management, Inc. 87 4Runner 3.00%Alan Jay Automotive Management, Inc. 88 Sequoia (Hybrid)3.00%Alan Jay Automotive Management, Inc. Sub-Group B: Traditional Sport Utility Vehicles Chevrolet Ford GMC Jeep Toyota Toyota Volkswagen Page 2 of 2 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor 1 Pacifica 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba CDJR Ft Walton Beach 2 Pacifica (Hybrid)3.00%Alan Jay Automotive Management, Inc.5.00%Step One Automotive dba CDJR Ft Walton Beach 3 Transit Connect Cargo Van 3.00%Alan Jay Automotive Management, Inc.3.53%Tropical Ford, Inc 5.74%Duval Ford LLC 4 Transit Connect Passenger Wagon 3.00%Alan Jay Automotive Management, Inc.3.50%Tropical Ford, Inc 5.74%Duval Ford LLCHonda5Odyssey Kia 6 Carnival 7 Metris Cargo Van 8 Metris Passenger VanToyota9Sienna (Hybrid)3.00%Alan Jay Automotive Management, Inc. Volkswagen 10 ID.Buzz (Electric) 11 Express Cargo Van 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 12 Express Passenger Van 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 13 E-Transit Cargo Van (Electric)2.69%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.5.00%Step One Automotive dba Ford Crestview14Transit Cargo Van 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 3.09%Tropical Ford, Inc15Transit Crew Van 2.99%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview16Transit Passenger Van 2.82%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview17Savana Cargo Van 3.00%Alan Jay Automotive Management, Inc. 18 Savana Passenger Van 3.00%Alan Jay Automotive Management, Inc. 19 eSprinter Van (Electric) 20 Sprinter Cargo Van21Sprinter Crew Van 22 Sprinter Passenger Van 23 ProMaster Cargo Van 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba CDJR Ft Walton Beach 24 ProMaster City Cargo Van 3.00%Alan Jay Automotive Management, Inc.25 ProMaster City Wagon 3.00%Alan Jay Automotive Management, Inc. 26 ProMaster EV (Electric)3.00%Alan Jay Automotive Management, Inc. 27 ProMaster Window Van 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba CDJR Ft Walton BeachChevrolet28Express Cutaway 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC29E-Transit Cutaway (Electric)2.84%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba Ford Crestview 30 Transit Cutaway 3.00%Alan Jay Automotive Management, Inc.3.24%Tropical Ford, Inc 4.00%Step One Automotive dba Ford Crestview GMC 31 Savana Cutaway 3.00%Alan Jay Automotive Management, Inc. Mercedes-Benz 32 Cab Chassis33ProMaster Chassis Cab 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba CDJR Ft Walton Beach 34 ProMaster Cutaway 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba CDJR Ft Walton Beach Ram Ford Chrysler Ford Chevrolet Ford Sub-Group C: Cutaways/ Chassis Cabs Sub-Group B: Vans Ram GMC Mercedes-Benz Sub-Group A: Minivans Mercedes-Benz MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 3: Minivans and Vans Commodity Code: 25101505 (MINIVANS OR VANS) Sub-Group Brand Line Number Model Page 1 of 1 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor Chevrolet 1 Malibu 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC Dodge 2 Charger 3.00%Alan Jay Automotive Management, Inc. 3 Accord 4 Accord (Hybrid) 5 Civic Sedan 6 Civic Si Sedan 7 Insight (Hybrid) 8 Accent 9 Elantra 6.00%Step One Automotive dba Hyundai Brunswick 10 Elantra (Hybrid)6.00%Step One Automotive dba Hyundai Brunswick 11 Sonata 6.00%Step One Automotive dba Hyundai Brunswick 12 Sonata (Hybrid)6.00%Step One Automotive dba Hyundai Brunswick 13 Forte 3.00%Alan Jay Automotive Management, Inc. 14 K5 3.00%Alan Jay Automotive Management, Inc. 15 Rio 3.00%Alan Jay Automotive Management, Inc. 16 Stinger 3.00%Alan Jay Automotive Management, Inc. Mazda 17 Mazda3 Sedan Mitsubishi 18 Mirage G4 19 Altima 3.00%Alan Jay Automotive Management, Inc. 20 Maxima 3.00%Alan Jay Automotive Management, Inc. 21 Sentra 3.00%Alan Jay Automotive Management, Inc. 22 Versa 3.00%Alan Jay Automotive Management, Inc. Subaru 23 Legacy24Avalon 3.00%Alan Jay Automotive Management, Inc. 25 Avalon (Hybrid)3.00%Alan Jay Automotive Management, Inc. 26 Camry 3.00%Alan Jay Automotive Management, Inc. 27 Camry (Hybrid)3.00%Alan Jay Automotive Management, Inc. 28 Corolla 3.00%Alan Jay Automotive Management, Inc. 29 Corolla (Hybrid)3.00%Alan Jay Automotive Management, Inc. 30 Crown 3.00%Alan Jay Automotive Management, Inc. 31 Arteon 32 Jetta Chevrolet 33 Bolt EV (Electric)3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC Honda 34 Civic Hatchback Kia 35 Rio 5-Door 3.00%Alan Jay Automotive Management, Inc. Mazda 36 Mazda3 Hatchback Mitsubishi 37 Mirage Nissan 38 LEAF (Electric)3.00%Alan Jay Automotive Management, Inc. Subaru 39 Impreza 40 Corolla Hatchback 3.00%Alan Jay Automotive Management, Inc. 41 Prius (Hybrid)3.00%Alan Jay Automotive Management, Inc. 42 Prius Prime (Plug-In 3.00%Alan Jay Automotive Management, Inc. Volkswagen 43 Golf Sub-Group B: Hatchbacks Toyota Sub-Group A: Sedans Honda Hyundai Kia Nissan Toyota Volkswagen MOTOR VEHICLES (25100000-23-STC) Exhibit: Cost Sheet - Group 2: Sedans and Hatchbacks Sub-Group Brand Line Number Model Commodity Codes: 25101503 (AUTOMOBILES OR CARS), 25101509 (ELECTRICALLY POWERED VEHICLE), 25101511 (PLUG-IN-HYBRID ELECTRIC VEHICLE) Page 1 of 1 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor 1 Blazer EV Police Pursuit Vehicle (Electric)3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 2 Silverado Police Pursuit Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC3Tahoe Police Pursuit Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC4Charger Pursuit 2.80%Step One Automotive dba CDJR Ft Walton Beach 3.00%Alan Jay Automotive Management, Inc. 5 Durango Pursuit 2.90%Step One Automotive dba CDJR Ft Walton Beach 3.00%Alan Jay Automotive Management, Inc.Ford 6 F-150 Police Responder 2.86%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford CrestviewFord7Police Interceptor Utility 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc.3.02%Tropical Ford, IncFord8Police Interceptor Utility (Hybrid)2.91%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 9 Bolt EUV Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC10Bolt EV Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC11Silverado Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 12 Tahoe Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC13Traverse Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLCDodge14Durango Special Service 3.00%Alan Jay Automotive Management, Inc.3.50%Step One Automotive dba CDJR Ft Walton Beach15Expedition Special Service Vehicle 2.75%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 16 F-150 Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 3.10%Tropical Ford, Inc17F-150 Special Service Vehicle (Hybrid)2.99%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview18F-150 Lightning Pro Special Service Vehicle (Electric)2.56%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.5.17%Bozard Ford Co.Ram 19 1500 Classic Special Service 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba CDJR Ft Walton Beach Chevrolet 20 Express Transport Van 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC21E-Transit Prisoner Transit Vehicle (Electric)3.00%Alan Jay Automotive Management, Inc.3.00%Tropical Ford, Inc 5.00%Step One Automotive dba Ford Crestview22Transit Prisoner Transport Vehicle 2.82%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba Ford Crestview Chevrolet 23 Camaro 1LS, 1LT, LT1, and 1SS Coupes 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLCDodge24Challenger SXT, GT, and R/T 3.00%Alan Jay Automotive Management, Inc.Ford 25 Mustang GT Fastback and EcoBoost Fastback 3.00%Alan Jay Automotive Management, Inc.3.50%Step One Automotive dba Ford Crestview 3.79%Tropical Ford, Inc 26 CE 04-P (Electric) 27 F 750 GS-P28F 850 GS-P29R 1250 RT-P 30 Police Electra Glide31Police Iron 88332Police Road KingHonda33ST1300PA Police Motorcycle Kawasaki 34 Concours14Yamaha35FJR1300P Sub-Group A: Police Pursuit Vehicles Chevrolet Dodge Sub-Group B: Special Service Vehicles Chevrolet Ford * Availability is limited to the trims and configurations specifically listed for each Model. Sub-Group C: Transport Vans Ford Sub-Group D: Non- Specialized Vehicles for Law Enforcement Use* Sub-Group E: Motorcycles BMW Harley-Davidson MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 1: Law Enforcement Vehicles Commodity Codes: 25101702 (POLICE VEHICLES), 25101509 (ELECTRICALLY POWERED VEHICLE), 25101511 (PLUG-IN-HYBRID ELECTRIC VEHICLE), 25101801 (MOTORCYCLES) Sub-Group Brand Line Number Model Page 1 of 1 State Term Contract No. 25101600-21-STC For Medium and Heavy Trucks Page 1 of 2 This Contract is between the State of Florida, Department of Management Services (Department), an agency of the State of Florida and Step One Automotive FD CW, LLC. (Contractor) with its principal place of business located at 4060 South Ferdon Boulevard, Crestview, Florida 32536, collectively referred to herein as the “Parties.” Accordingly, the Parties agree as follows: I. Initial Contract Term. The Initial Contract Term shall be for five years. The Initial Contract Term shall begin on October 1, 2021. The Contract shall expire on September 30, 2026 unless terminated earlier in accordance with the Special Contract Conditions. II. Renewal Term. Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, pursuant to the incorporated Special Contract Conditions. III. Order of Precedence. As used in this document, “Contract” (whether or not capitalized) shall, unless the context requires otherwise, include this document and all incorporated Exhibits, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Contract must be in writing and signed by all Parties. All Exhibits listed below are incorporated in their entirety into, and form part of, this Contract. The Contract document and Exhibits shall have priority in the following order: a) This Contract document b) Exhibit A, Scope of Work c) Exhibit B, Price Sheet(s) d) Exhibit C, Additional Special Contract Conditions e) Exhibit D, Special Contract Conditions f) Exhibit E, Price Quote Form (PQF) g) Exhibit F, Acknowledgement of Order Form h) Exhibit G, Preferred Pricing Affidavit DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 State Term Contract No. 25101600-21-STC For Medium and Heavy Trucks Page 2 of 2 IV. Contract Management. Department’s Contract Manager: Christopher McMullen Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 922-9867 Email: christopher.mcmullen@dms.fl.gov Contractor’s Contract Manager: Eric Jore Step One Automotive FD CW, LLC. 4060 South Ferdon Boulevard Crestview, Florida 32536 Telephone: (407) 234-5116 Email: ejore@steponeauto.com This Contract is executed by the undersigned officials as duly authorized. This Contract is not valid and binding on all Parties until signed and dated by both Parties. Step One Automotive FD CW, LLC. STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ [Name] J. Todd Inman, Secretary _____________________________ _______________________________ Date: Date: DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 9/27/2021 | 11:26 AM EDT Exhibit A Scope of Work Page 1 of 22 1. Definitions Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Exhibit D, Special Contract Conditions; and the PUR 1001, General Instructions to Respondents (10/06), are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this Scope of Work. All definitions apply in both their singular and plural sense. Accepted Brands – The Manufacturer(s) specified by the Department for a particular Base Vehicle Specification. Approved Equivalent – A Representative Model manufactured by a producer/provider other than Accepted Brands which meet the required Base Vehicle Specifications. Equivalence is determined by the Department by comparing the Representative Model’s vehicle specifications with the Base Vehicle Specifications. The Department reserves the right to independently verify information provided by the Bidder, including but not limited to, the equivalence of Representative Models. Base Vehicle Specification – A Department-specified Commodity that may include vehicle size, axle configuration, class, gross vehicle weight rating (GVWR), and other information listed by the Department herein, which identifies the requirements, specifications, terms, and conditions herein, and may include Components, Features, or Configurations different than those provided by a Manufacturer on their standard base version of the Commodity. Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, Florida Statutes (F.S.), from 8:00 a.m. to 5:00 p.m. at the Customer’s location. Commodity Code – The State’s numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying Commodities and services. Component, Feature or Configuration – An element, piece, part, module, package, element Group, piece Group, parts Group, module Group, or package Group of a Commodity, Representative Model or Option. Contract – The written agreement between the Department and the awarded Bidder(s) resulting from ITB No. 21-25101600-ITB. Contractor – A vendor that entered into a Contract with the Department as a result of ITB No. 21-25101600-ITB. A Contractor can be a Manufacturer or Dealer. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 2 of 22 Customer – A State Agency or Eligible User. Dealer – A Manufacturer’s certified representative who has been authorized by the Manufacturer to market, sell, provide, and service the Representative Models and Options from the Manufacturer. Dealers may be Contractor-owned and -controlled (in whole or in part) or independently owned and controlled. Department – The Department of Management Services, a State Agency. Free on Board (FOB) Destination – As defined in section 672.319(1)(b)., Florida Statutes. Gross Vehicle Weight Rating (GVWR) – The combined weight of vehicle and its payload capacity. Group – A collection of Base Vehicle Specifications, as described in this Scope of Work, and Exhibit B, Price Sheet(s). Heavy Truck – The Federal Highway Administration (FHWA), truck group classes 7 - 8. Manufacturer – The original producer or provider of Representative Models or Options which possess the minimum quality, reliability, service, and value required by the Department and Customers. May be used interchangeably with “Brand”. Manufacturer’s Last Order Date – The final date on which the Manufacturer stops producing the model year of a Representative Model which meets the requirements, specifications, terms, and conditions of the Contract. Manufacturer’s Suggested Retail Price (MSRP) – The Manufacturer’s recommended retail selling price, list price, catalog price, distributor price, published price, or other usual customary pricing that would be paid by the purchaser for specific Representative Models, Options, and contractual services without benefit of a Contract. MSRPs shall be formally published by the Manufacturer, publicly listed and available, and verifiable by the Department. If two or more prices fit this definition for a pertinent Commodity, equipment model, or contractual service, the Contractor will supply the lowest price as the MSRP. Medium Truck – The Federal Highway Administration (FHWA), truck group classes 3 – 6. MSRP Credit – The MSRP of the Option that is deducted from the MSRP of the Vehicle price paid by the Customer if the Option is removed from the Vehicle. MSRP List – A collection of MSRPs and related information broken down by specific Representative Models and their associated Options. MSRPs shall be formally published by the Manufacturer, publicly listed and available, and verifiable by the Department. In the priority listed below, only the following are acceptable sources of current MSRPs and MSRP Lists for use under this Contract: DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 3 of 22 • Manufacturer’s Annual U.S. Price Book; • Manufacturer’s official website or dealer software; and • Autodata, Inc. d/b/a Chrome Data’s Carbook Pro Fleet Edition. MSRP Sheet – The MSRP sheet provides the MSRP and specification(s) for the Representative Model(s) bid. Also known as a Build Sheet. Net Price – The final price paid by the Customer after applying all discounts and credits. Non-OEM Option – An Option produced by a Manufacturer other than the Manufacturer of the associated Representative Model. OEM Option – An Option produced by the Manufacturer of the associated Representative Model. Option – A Manufacturer’s new and unused optional Component, Feature, or Configuration not specified by the Department as standard on the Base Vehicle Specifications, and which is intended for the specific Representative Model. Equipment which meets the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Representative Model by the Manufacturer, port or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry or specified by the Manufacturer. May include OEM Options and Non-OEM Options and may be considered aftermarket options. Original Equipment Manufacturer (OEM) – The original producer of a Commodity. Representative Model – A specific Medium or Heavy Truck that meets a Base Vehicle Specification. A Representative Model may include Manufacturer’s name, trade name, Brand name, make name, model name, model number, catalog number, or other information provided which meets the requirements, specifications, terms, and conditions specified by the Department herein, and may include Components, Features, or Configurations different than those provided by a Manufacturer, port, and Dealer on their standard version of the Commodity. Also known as Standard Model, Representative Vehicle, Standard Vehicle, or Vehicle. State – The State of Florida. 2. Purpose To provide Customers within the State the ability to acquire new and unused Medium and Heavy Trucks. The Contractor shall provide Medium and Heavy Trucks in accordance with the specifications contained herein. The Medium and Heavy Truck Commodities offered under the Contract shall be classified under six Groups, which are listed and described as follows: Group No. Group Description 1 CHASSIS CABS 2 FLAT BED DUMP TRUCKS 3 DUMP TRUCKS 4 FLAT BED STAKE BODY TRUCKS 5 DRY FREIGHT TRUCKS 6 TRUCK TRACTORS DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 4 of 22 The Contract is intended to cover only those Medium and Heavy Trucks generally used by the State as listed and described herein and does not include all varieties of Medium and Heavy Trucks that are commercially available. The Department in its sole discretion shall determine the eligibility and acceptability of all Commodities available and included under the Contract. The Contractor shall be responsible for immediately removing all non-eligible and Department unauthorized Commodities under the Contract from the Contractor’s MSRP List. 3. Commodity Specifications and Standards The Base Vehicle Specifications and Options are based on the available information known to the Department at the time of the solicitation, including the known needs of Customers and information obtained using Autodata, Inc. d/b/a Chrome Data’s Carbook Pro Fleet Edition. Options listed in Exhibit B, Price Sheet (C.4) were identified based on known Customer needs and the respective Manufacturer’s data. The Contract specifications and standards form a part of the overall specifications for the listed Representative Models, except as modified or noted herein. Any conflict between the Department’s Contract specifications and standards and the Manufacturer’s specifications will be resolved in favor of the Department specifications and standards. The Contractor shall ensure that all Commodities, including all Representative Models, Options, and the respective Components, Features, or Configurations, shall individually and jointly comply with the following: a. All Commodities shall be designed, constructed, equipped, assembled, and installed to be fully suitable for their intended use, purpose, and service per the Scope of Work; b. All Commodities shall be new and unused (except as specified in the Transportation and Delivery section of the Scope of Work), for the current Manufacturer’s model year or later, of current or recent production, and of the latest design and construction; c. All Representative Models shall be diesel powered. choices for alternative fuel fuels (compressed natural gas (“CNG”), diesel, electric, gasoline (E-10 to E-85), liquefied petroleum gas (“LPG”), natural gas, or propane powered) can be listed for reference and customer selection if desired. d. All Commodities shall include all Option standard features, equipment, and components installed by Manufacturer or Dealer according to the Manufacturer’s current standard procedures, requirements, and specifications; e. All Representative Models shall meet the Automatic Air Brake Drain System Specifications, which are available at https://www.dms.myflorida.com/content/download/ 152586/1015180/file/AIRBRAKE.pdf; f. All Commodities shall be free of damage, defect, and rust which may affect appearance, operability, functionality, or serviceability; g. All Commodities shall comply with current legal, customary, reasonable, and professional standards of the Medium and Heavy Trucks industry; DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 5 of 22 h. All Commodities shall comply with current mandatory and applicable federal and State Medium and Heavy Trucks requirements including, but not limited to, all legal, safety, and environmental standards and requirements; and i. All Commodities shall meet the requirements, specifications, terms, and conditions herein. No Contractor’s or Dealer’s advertising or identification (name, logos, etc.) is permitted on the Commodities, including all Representative Models and Options and their components. Commodity Manufacturer’s advertising or identification (name, model, logos, etc.) is permitted on the respective Commodities if such advertising or identification is a Manufacturer’s standard on the specific Commodity. The Contractor shall be responsible for removing, without damage, all impermissible or unacceptable advertising or identification. The Department reserves the right to, in its sole discretion, determine what advertising or identification is considered unacceptable. Delivery of non-conforming Commodities and contractual services, which are not remedied as required herein, may be cause for default proceedings and Contract termination. 4. Truck Body Specifications Contractors shall satisfy the truck body requirements in accordance with the specifications contained herein. Group No. Base Vehicle Code Description Specification 1 N/A Chassis Cab Only N/A 2 210, 240 12 Foot Flat Bed Heavy-Duty Dump Body FLAT-12 220, 230, 250, 260 14 Foot Flat Bed Heavy-Duty Dump Body FLAT-14 3 310, 330 Four Cubic Yard Heavy-Duty Dump Body DUMP-4 320, 340 Five Cubic Yard Heavy-Duty Dump Body DUMP-5 350, 360 Eight Cubic Yard Heavy-Duty Dump Body DUMP-8 370, 380 12 Cubic Yard Heavy-Duty Dump Body DUMP-12 4 410, 440, 450, 460 14 Foot Extra Heavy-Duty Stake Body STAKE-14 420 18 Foot Extra Heavy-Duty Stake Body STAKE-18 430 22 Foot Extra Heavy-Duty Stake Body STAKE-22 5 510 16 Foot Van Body, Aluminum, Dry Freight FREIGHT-16 520 20 Foot Van Body, Aluminum, Dry Freight FREIGHT-20 530 24 Foot Van Body, Aluminum, Dry Freight FREIGHT-24 6 N/A Truck Tractor Only N/A The Contract is only intended to cover Medium and Heavy Trucks used or utilized by the State as listed and described herein and does not include all varieties of Medium and Heavy Trucks that are commercially available. The Department in its sole discretion shall determine the eligibility and acceptability of all Commodities available and included under the Contract. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 6 of 22 5. Options, Components, Features and Configurations All Representative Models, Options, must be manufactured by the specified Manufacturer of the Commodity provided. Where a Representative Model is specified for an Option, Component, Feature or Configuration only the specified Commodity may be offered and provided. All Options, Components, Features or Configurations must be new and meet the requirements, specifications, terms, and conditions herein, and are subject to prior Customer approval. All Options, Components, Features or Configurations of the Representative Model, as specified by the Department and ordered by the Customer, shall be fully assembled and installed by the Manufacturer, except as follows: • If the Option, Component, Feature or Configuration is specified as a port installed or Dealer installed Option, Component, Feature or Configuration by the Manufacturer; or • If the Option, Component, Feature or Configuration is not available from the Manufacturer, the Option, Feature, or Component may be assembled by its respective Manufacturer and installed by the Contractor. 6. Luxury or Sport Vehicles or Features Unless otherwise indicated within the Base Vehicle Specification, no luxury or sports features will be considered or permitted. The Department, in its sole determination, shall determine what is a luxury or sport feature. To date, the Department has determined luxury or sports features include the following: • Manufacturer’s Signature or Specialty editions; and • Leather upholstery (seats or interior), sunroofs, and moon roofs. 7. Installation When installation is required, Contractor shall be responsible for placing and installing the equipment or parts in the required locations at no additional charge, unless otherwise specified in the Price Sheet. All materials used in the installation shall be new and unused and shall be free of defects that would diminish the appearance of any Commodity or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the equipment or parts 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. The 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. 7.1 Body Transfer and 3rd Party Body Installations In the event the Customer chooses to purchase or supply a cab and chassis separately, the Contractor must facilitate obtaining the required Manufacturer Certified Certificate, perform Manufacturer required pre-delivery inspection, and ensure all proper tag and title documents are present pursuant to Florida license requirements. The Manufacturer must certify that it conforms to all Federal Motor Vehicle Safety Standards (FMVSS). The Contractor is responsible for facilitating body transfers and installations at no additional cost to the Customer. While facilitating body transfers and installations, the Contractor must ensure that all work is performed by a certified vendor and that all work meets or exceeds FMVSS DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 7 of 22 standards. The Customer may incur an additional cost for installation by the Contractor or body upfitter. The installation cost may vary due to the body configuration; however, the price shall be included on the Price Quote Form (PQF) from the Contractor. 8. Full-Service Repair Facilities The Contractor shall maintain at least one factory-authorized service station or servicing dealer within the State to perform warranty repairs and adjustments throughout the Contract term at no additional cost to Customer(s) or the Department. The Contractor shall promptly notify the Department in writing of any changes thereto. The Contractor shall be responsible for all service performed, regardless of whether the Contractor or their approved dealer actually performed the service. Notwithstanding the foregoing, the Contractor may offer Customers “after warranty” service agreements for the maintenance and repair of goods after the initial warranty expires. The Contractor will list this additional service as a separate item on the invoice. 9. Federal and State Standards It is the intent of the Department that all specifications herein are in full and complete compliance with all federal and State laws, requirements, and regulations applicable to the type and class of Commodities and contractual services being provided. This includes, but is not limited to, Federal Motor Vehicle Safety Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA”), Environmental Protection Agency (“EPA”) Standards, and State laws, requirements, and regulations that apply to the type and class of Commodities and contractual services being provided. It is the intent of the Department that the Contractor(s) comply with all applicable federal and State regulations regarding the Commodities and contractual services’ specifications, safety, and environmental requirements, including any legislation or regulations which become effective during the term of the Contract and shall become a part of the Contract. The Contractor(s) shall meet or exceed any such requirements of the laws and regulations applicable to the type and class of commodities and contractual services provided. If an apparent conflict exists, the Contractor, regardless of whether it’s the Manufacturer or Dealer, shall contact the DMS Contract Manager immediately. 10. Acceptable Publications The Customer may request, and the Contractor shall provide, within three Business Days of any request, acceptable and supporting information or documentation relative to its product. Acceptable and supporting information or documentation includes, but is not limited to: 1. A copy of the Manufacturer’s Computer Printout (Ford “DORA”/“Commercial Truck Tools”, Freightliner “Spec Pro”, International “Vehicle Specifications”, Mack “Order/Customer/Vehicle Information”, or Approved Equivalent) for each Commodity offered. 2. MSRP List. The MSRP and MSRP List may not be custom or solely developed, created, maintained, altered, revised, changed, or utilized for purposes of the solicitation and resulting contract (see definition, MSRP). 3. Manufacturer’s standard warranties; and 4. The Manufacturer’s official fleet or retail websites. During the term of the Contract, the Contractor shall supply printed sales literature and technical information to Customers upon request, unless the literature and information requested is DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 8 of 22 available on the Contractor’s or Manufacturer’s website. If the literature and information is available on the Contractor’s website, the Contractor shall direct the requesting Customer to its specific website location. 11. Testing Samples of delivered Commodities may be selected at random by Customers or Department and tested for compliance with the requirements, specifications, terms, and conditions. 12. Warranty The Manufacturer’s standard warranty shall cover all Commodities and contractual services offered through the Contract. The Manufacturer’s standard warranty is required to provide coverage against defective material, workmanship, and failure to perform in accordance with the specifications and required performance criteria. The Manufacturer’s standard warranty coverage shall be identical to or exceed the most inclusive of those normally provided for the Commodities and contractual services specified herein that are sold to any Federal, state, or local governments. The Manufacturer’s standard warranty shall be in effect for a minimum term of one year from the Customer’s acceptance, as specified in the Final Inspection and Acceptance section and shall begin only at the time of acceptance by the Customer. Should the Manufacturer’s standard warranty conflict with any requirements, specifications, terms, or conditions of the Contract, the Contract requirements, specifications, terms, and conditions shall prevail. The Manufacturer’s standard warranty terms and conditions are not part of the Contract requirements, specifications, terms, and conditions. 13. Recall(s) In the event there is a recall of any of the Commodities, including but not limited to any Vehicle, Options, Components, Features or Configurations, or any other any parts therein, ("Vehicle Recall"), the Contractor shall provide reasonable assistance to the Department in developing a recall strategy and shall cooperate with the Department and the Customers in monitoring the recall operation and in preparing such reports as may be required. Each Contractor shall, at the request of the Department or any Customer, give the Department and each Customer reasonable assistance in locating and recovering any equipment or recalled equipment. Each Contractor shall immediately notify and provide copies to the Department of any communications, whether relating to recalls or otherwise, with any Customer. The Contractor shall ensure defective recalled equipment are rectified, replaced, and destroyed in compliance with all applicable laws, rules or regulations and the Department's reasonable instructions. All Contractor efforts relating to recalled equipment shall be at Contractor’s own expense. 14. Manufacturer’s Last Order Date, Production Notification, and Representative Model Replacement The Contractor shall notify the Department’s Contract Manager of a contracted Vehicle Manufacturer’s Last Order Date by email no later than 30 calendar days prior to the effective date of the Manufacturer’s Last Order Date. In the event the Manufacturer gives less than 30 calendar days’ notice of a Last Order Date to the Contractor, the Contractor shall notify the Department’s Contract Manager no later than the next Business Day by email or telephone following Contractor receiving notice of the Last Order Date from the Manufacturer. The Contractor shall immediately provide copies of the Manufacturer’s notice of the Manufacturer’s Last Order Dates to the Department's Contract Manager upon request. The Contractor shall notify the Customer and the Department’s Contract Manager in writing of any production schedule changes associated with the Customer’s order within one Business Day. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 9 of 22 Upon receipt of a purchase order from a Customer, the Contractor shall immediately notify the ordering Customer of any conflicts with the Manufacturer’s Last Order Date by telephone and include the Manufacturer’s Last Order Date in the completed Acknowledgement of Order Form provided to Customer in accordance with the Acknowledgement of Order section listed in the Scope of Work. Should the Contractor improperly notify a Customer or the Department of a Manufacturer’s Last Order Date, it may be grounds for termination of the Contract. Upon receipt of the required telephone notification or the Acknowledgement of Order Form notifying the Customer of the Manufacturer’s Last Order Date, the Customer may cancel the purchase order without penalty, or maintain the purchase order knowledgeable of the risk of potential non-Delivery without recourse. Upon receipt of the required telephone notification or the Acknowledgement of Order Form notifying the Customer of the Manufacturer’s Last Order Date, all purchase orders received by the vendor and maintained by the Customer after a Manufacturer’s Last Order Date shall be subject to awarded Commodity availability. After the Manufacturer’s Last Order Date, the Contractor may provide the new model year of the awarded Commodity, which meets the specifications herein, at the existing Contract Prices, discounts, requirements, terms, and conditions. If the Contractor wishes to replace any awarded Representative Model due to a revision, alteration, addition, or technical improvement, the Contractor shall submit the Representative Model change to the Department’s Contract Manager. The proposed replacement must meet or exceed the Department’s Base Vehicle Specifications for the awarded Representative Model and must meet or exceed the Contract requirements, specifications, terms, and conditions. Additionally, the replacement offered must be equal to or less than the current Contract Price for the awarded Representative Model the Contractor is seeking to update. The Contractor shall provide the Department with any documents requested by the Department to fully review the Contractor’s request. The Department, at its sole discretion, will make the determination to accept or reject the proposed replacement. If the Department rejects the proposed replacement or if there is no proposed replacement offered for a Representative Model that is no longer available, the Department may, at its sole discretion, remove the Representative Model from the Contract. In the event that a Representative Model is no longer available or no longer meets the Contract specifications, the Contractor shall be responsible for notifying the Department’s Contract Manager in writing within seven calendar days. 15. Vehicle Needs All State agencies shall comply with sections 287.14(2) and 287.151, F.S. Customers shall communicate their vehicle performance needs and requirements to the designated Contractor representatives identified in the Contract prior to requesting the Exhibit E, Price Quote Form (PQF). The Customer is encouraged to seek more than one quote from the identified awarded Contractors of the Vehicle, where available. 16. Price Quotes The Contractor prepares and submits to the Customer a price quote for the requested Commodity(ies) using Exhibit E, Price Quote Form (PQF). All requested Representative Model(s), Options (including aftermarket options) and Options discount(s) shall be itemized on the PQF, along with the applicable pricing information. Options shall be listed separately and include specific brand and model information, along with labor charges and installation charges listed separately. The price quoted for the Representative Model(s) and Options discount shall not exceed the current Contract’s prices and discounts. The PQF shall be completed by the Contractor and returned to the Customer within two Business Days of the Contractor’s receipt of DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 10 of 22 the Customer’s Request for a Quote. Customers are encouraged to seek more than one quote from the identified awarded Contractors, where available. Customers may negotiate with the Contractor to establish a lower price through a greater discount percentage off MSRP. 17. DMS Approval (State Agency Only) After receipt of the Contractor completed PQF that is acceptable to the Customer, the Customer will develop a justification to support price reasonableness and complete DMS Form MP6301, Request for Acquisition of Motor Vehicle(s) and Mobile Equipment; DMS Form MP6301 is available at: https://www.dms.myflorida.com/business_operations/fleet_management_and_federal_property_assistance/fleet_management/purchase_of_mobile_equipment. The Customer shall submit a completed MSRP List and DMS Form MP6301, along with the PQF completed by the Contractor, to the DMS Bureau of Fleet Management for approval. 18. Purchase Order Upon the Department’s approval of a State Agency request, the Customer shall process a purchase order using normal purchasing processes. The purchase order will include a copy of the Department approved Exhibit E, PQF. All orders submitted by Customers of the Contract shall be placed using a purchase order. Purchase orders issued by Customers shall be in accordance with the, Price, Sheet(s), requirements, specifications, terms, and conditions of the Contract. The following terms apply to the Contractor and the Customer’s use of a purchase order: 18.1 Customers may only place, and Contractors shall only accept, purchase orders for Vehicles included in the Contractor’s awarded Contract. Customers are responsible for including the following information on and with the purchase order, for each Vehicle ordered: 18.1.1 Customer name and contact information; 18.1.2 Contractor Information; 18.1.3 State Term Contract Number and Name; 18.1.4 Representative Model Information; Commodity Code and Line Number, standard description, and price; Paint/finish color if other than the standard white (or other standard color if white is not available from the Manufacturer); Option Information (if applicable, individually listed): Manufacturer’s Option Code and Description, Option MSRP, Option Discount, and Option Net Price or Option MSRP Credit (as applicable, per the Ceiling Prices section and the Charges and Fees section). State Agencies must include a copy of the applicable Exhibit E, Price Quote Form (PQF) and accompanying MSRP List with any submitted requisition; 18.1.5 Aftermarket Options not procured under this Contract shall be separately itemized on the PQF and the purchase order, along with the applicable pricing information. Aftermarket Options shall be listed by specific brand and model, with labor charges, including installation, listed separately. Pricing for DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 11 of 22 Customer orders of aftermarket Options not procured under this Contract shall not exceed the current MSRP at the time of verification by the Department; 18.1.6 New License Plate Fee (if applicable, per the Commodities Title and Registration section of this solicitation); 18.1.7 Any Customer special instructions, requirements, specifications, terms, and conditions; and 18.1.8 The total cost for the Representative Model and Option(s) (if any) and New License Plate Fee (if applicable). 18.2 The Contractor shall place an order with the Manufacturer(s) within seven calendar days of receipt of the purchase order unless the Contractor has the ordered Representative Model in their possession that meets the Customer’s purchase order requirements. All orders placed with the Manufacturer(s) shall be made in full compliance with the requirements, specifications, terms, and conditions herein. 18.3 The Contractor shall honor all purchase orders received during the Contract period and which are received prior to the Manufacturer’s Last Order Date for Commodities the Contractor is currently awarded. Purchase orders are deemed received upon delivery. This may allow for the provision of the next new model year of the awarded Commodity, which meets the specifications herein, at the existing Contract prices, discounts, requirements, terms, and conditions. 18.4 The Contractor, from receipt of the purchase order until delivery is made to the Customer, shall promptly notify the Customer of any potential delivery delays. Additionally, the Contractor must promptly advise the Customer if their order may not be delivered prior to the end of the Customer’s Fiscal Year (State Agency’s Fiscal Year ends June 30). Note: Evidence of intentional delays in delivery may be cause for default proceedings and Contract termination. 19. Acknowledgement of Order For each order, the Contractor shall provide the ordering Customer with a fully completed Exhibit F, Acknowledgement of Order Form, within five Business Days of receiving the Customer’s order. 20. Accept Order The Contractor agrees to deliver the awarded Vehicle(s) and equipment listed on the purchase order in accordance with the prices, discounts, requirements, specifications, terms, and conditions of the Contract and purchase order. The Contractor must email the fully completed Exhibit F, Acknowledgement of Order Form to the Customer within five Business Days from the date the Contractor receives the purchase order. Failure of the Contractor to provide the ordering Customer the Acknowledgement of Order Form within five Business Days from the date the Contractor received the purchase order will be considered acceptance of the order by default, which, if necessary, shall require the provision of the next new model of the vehicle which meets the requirements, specifications, terms, and conditions herein and shall not exceed the Contract ceiling price for the Customer ordered Vehicle. If a new model year of the awarded Commodity is not available or cannot be delivered within the contractual timeframe, the Contractor must provide a comparable new model of equal or better value which meets or DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 12 of 22 exceeds the requirements, specifications, terms, and conditions herein and shall not exceed the Contract ceiling price for the Customer ordered Vehicle. The Contractor’s proposed substitution is subject to prior approval by the Customer and the Department. The Contractor must provide the following information in the Exhibit F, Acknowledgement of Order Form: 20.1 The estimated delivery date of the Commodity(ies) (including aftermarket Options); 20.2 The Manufacturers’ order confirmation, unless the Contractor has the Representative Model which conforms with the Customer’s purchase order in stock; 20.3 The Commodity(ies) (including aftermarket Options), in their possession, if applicable; 20.4 The Manufacturer’s associated production schedule; and 20.5 The Manufacturer’s Last Order date and the date notice was provided to the Department’s Contract Manager in accordance with the Manufacturer’s Last Order Date, Production Notification, and Representative Model Change section listed in the Scope of Work. Submission of Exhibit F, Acknowledgement of Order Form is the responsibility of the Contractor without prompting or notification by the Department's Contract Manager or Customer. The Contractor’s failure to submit completed Acknowledgement of Order forms to the ordering Customers may be cause for default proceedings and Contract termination. 21. Transportation and Delivery In conjunction with the Ceiling Prices section listed in the Scope of Work, all net prices shall include all charges for packing, handling, freight, distribution, and delivery. Transportation and delivery of goods shall be Free on Board (FOB) Destination to any point statewide as follows: 1. Equipment not in stock or unavailable from a Manufacturer at time of order must be delivered within 120 calendar days after receipt of order, unless otherwise agreed to by the Customer. For any delivery not made within the 120 calendar day timeframe, the Department’s Contract Manager must be notified by the Contractor and given a copy of the purchase order. The Contractor must provide the Department’s Contract Manager any requested information and a timeframe for completion of the order. 2. Equipment in stock must be delivered within 14 calendar days after receipt of the order with one exception: Commodities requiring post-Manufacturer Dealer installed Options or accessories shall be delivered within 30 calendar days after receipt of the Commodities from the Manufacturer(s). Delivery of the awarded new, unused Vehicle(s) is defined as receipt of the awarded new Vehicle at the Customer’s place of business or designated location, or if the Customer chooses, at the Contractor’s place of business. The Contractor must give the ordering Customer written notice of DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 13 of 22 delivery at least 24 hours prior to the delivery. Deliveries will be received only between 8:00 a.m. and 3:00 p.m. (Customer’s local time) during Business Days unless previously arranged and approved by the Customer in writing. Deliveries of awarded new Vehicles are made by either private or common carrier transport; or where delivery may be accomplished by driving the self-propelled vehicle with less than 250 odometer miles at delivery, the self-propelled vehicle may, with the Customer’s prior approval, be driven to the delivery location. The Contractor must make every effort to minimize the number of odometer miles at delivery. At the Customer’s option, vehicles with more than 250 odometer miles at delivery may be rejected, or $0.50 per mile in excess of 250 odometer miles may be deducted from the invoice and payment owed to Contractor. The Contractor must comply with the Manufacturer’s break-in requirements and all applicable traffic and safety laws. All vehicle Commodities delivered by the Contractor to the Customer shall contain no less than one-quarter tank of fuel as indicated by the fuel gauge at the time of delivery. The Contractor will perform the standard Manufacturer’s Pre-Delivery Inspection (PDI) and is responsible for delivering an awarded Vehicle that is properly serviced, clean, and in brand new operating condition. Pre-delivery service, at a minimum, shall include the following: 1. Complete lubrication of operating chassis, engine, and mechanisms with Manufacturer’s recommended grades of lubricants. 2. Check and fill all fluid levels to ensure proper fill; 3. Adjust engine(s), motor(s), and drive(s) to proper operating condition(s); 4. Inflate tires (including any spares) to proper pressures; 5. Check to ensure proper operation of all accessories, gauges, lights, and mechanical and hydraulic features; 6. Clean equipment, if necessary, and remove all unnecessary tags, stickers, papers, etc.; and 7. Ensure that the Vehicle is completely assembled (unless otherwise noted in the specification) including but not limited to, the Representative Model, Options, Components, Features or Configurations (if applicable), aftermarket Options (if applicable), and thoroughly tested and ready for operation upon delivery. All Vehicles shall be delivered with each of the following applicable documents completed and included: 1. Copy of the Manufacturer’s Pre-Delivery Inspection (PDI) form, which meets or exceeds the requirements herein; 2. Copy of the ordering Customer’s purchase order; 3. Copy of the applicable Contract specification(s) and Contractor’s current Price Sheet (C.4) information; DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 14 of 22 4. Copy of the Manufacturer’s Invoice(s) for each awarded Commodity, including individual Representative Model, Options, Required aftermarket Options (if applicable), aftermarket Options (if applicable), in the shipment; 5. Proof of Manufacturer’s MSRP (commonly known as the window sticker) if applicable, which shall not be adhered to the Vehicle and instead provided with the documents listed herein; 6. Manufacturer’s certificate of origin, if applicable; 7. Manufacturer’s operator manual, and (if not included in the operator manual) one copy of the Manufacturer’s lubrication and maintenance instructions; 8. Copy of the Manufacturer’s standard warranty certifications; 9. Sales Tax Exemption Form, if applicable; 10. Temporary tag and 20 day extension tag, if applicable; and DHSMV 82040, Application for certificate of title and vehicle registration, if applicable. Deliveries that do not include the above applicable forms and publications, or that have forms that have been altered, or are not properly completed, may be refused. Repeated failures by the Contractor to include the above properly completed forms and publications, or that have submitted altered forms, to the ordering Customer may be cause for default proceedings and Contract termination. These Transportation and Delivery requirements, terms, and conditions also apply to the re-delivery of an awarded Commodity that was previously rejected upon initial delivery. 22. Inspection and Acceptance Section 6.4, Inspection and Acceptance of Commodities, of the Special Contract Conditions exhibit is supplemented by adding the following: The Customer, within five Business Days of delivery, should inspect the Commodity received for acceptability. The Customer should compare the physical Commodity delivered, contract prices, discounts, requirements, specifications, Customer order, and Manufacturer’s MSRP Window Sticker / Manufacturer’s Invoice(s) to ensure the Commodity received meets or exceeds the requirements, specifications, terms, and conditions of the Contract and Customer Order. Additionally, the Customer should inspect the Commodity for any physical damage. The Contractor is obligated to correct any errors or damage. Failure by the Customer to discover an error in the Commodity shall not relieve the Contractor from its obligation to correct the error or damage in the event it is found any time after the Commodity is delivered. The Parties agree that inspection and acceptance shall be the Customer’s responsibility and occur at the location of the Customer’s place of business or designated location, or if the Customer chooses, at the Contractor’s place of business. Title and risk of loss or damage to all Commodities shall be the responsibility of the Contractor until the Commodity is accepted by the Customer. The Contractor shall be responsible for filing, processing, and collecting all damage claims. The Customer shall assist the Contractor by: DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 15 of 22 • Recording any evidence of visible damage on all copies of the delivering carrier’s bill of lading; • Reporting any known visible and concealed damage to the carrier and the Contractor; • Confirming said reports in writing within 15 Business Days of delivery, requesting that the carrier inspect the damaged merchandise; and • Providing the Contractor with a copy of the carrier’s bill of lading and damage inspection report. Transportation and delivery of the Commodity does not constitute acceptance for the purpose of payment. Acceptance of the Commodity and authorization of payment shall be given by the Customer only after a thorough inspection indicates that the Commodity is undamaged and meets the Contract requirements, specifications, terms, and conditions. Should the delivered Commodity be damaged or differ in any respect from the Contract requirements, specifications, terms, and conditions, payment shall be withheld until such time as the Contractor completes the required Customer-approved, corrective action. If the Commodity requires service or adjustments as part of the Customer-approved identified corrective action(s), the Contractor shall either correct the issue or be responsible for reimbursing the Manufacturer’s local service dealer or others selected by the Customer to remedy the defect. The Contractor shall initiate such required service or adjustments within two Business Days following notification by the Customer. The Commodity shall not be accepted until all service or adjustments are satisfactory, and the Commodity is re-delivered in acceptable condition. All costs of transportation and delivery incurred for initial delivery and any re-deliveries due to non-Customer error or Commodity damage are the responsibility of the Contractor. The Customer shall notify the Department of any Contract deviation that it cannot resolve with the Contractor. The Department and Customer shall develop a corrective action plan related to the Contract deviation, which may include the Customer’s permanent refusal to accept the Commodity, in which case the Commodity shall remain the property of the Contractor, and the Customer and the State shall not be liable for payment for any portion thereof. 23. Commodity Compliance and Compatibility It is the Contractor’s responsibility to ensure that the Commodity(ies) supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall ensure that the Representative Model, Options, and aftermarket Options ordered by the Customer and provided by the Contractor are fully compatible with each other. Upon acceptance of the Customer’s purchase order, the Contractor is obligated to deliver Commodities that are fully compliant and compatible with the purchase order requirements, specifications, terms, and conditions. In the event any ordered Representative Model, Options, aftermarket Options, Vehicle’s respective features, equipment, components, or configuration are found by the Customer to be missing, incorrect, defective, damaged, non-compatible, or non-compliant, the Customer may require the Contractor to do one or more of the following: • Install or repair at its own cost the Commodity, including but not limited to, the Representative Model, Options, Components, Features or Configurations, and aftermarket Options; DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 16 of 22 • Replace at its own cost the Commodity, including but not limited to, the Representative Model, Options, Components, Features or Configurations, aftermarket Options, and the Vehicle’s respective features, equipment, and components; or • Refund the purchase price of the applicable Commodity, including but not limited to, the Representative Model, Options, Components, Features or Configurations, and aftermarket Options to the Customer. Any changes necessary after the delivery of the Commodity / Commodities that are required to bring a Commodity / Commodities into compliance or compatibility due to an incorrect order fulfillment by the Contractor are to be accomplished at the Contractor’s expense. 24. Commodities’ Title and Registration Contractor shall title and register Vehicles delivered under the Contract for the Customer in accordance with Florida law, including Chapters 319 and 320, F.S. The Contractor shall provide any necessary form(s) that must be signed by an authorized representative of the Customer with the awarded Commodity(ies) at delivery, and the Contractor shall obtain any necessary signature(s) and complete the titling and registration process for the Customer within the timeframe agreed to by the Customer and the Contractor. In the event the Customer is permitted by law to obtain title and registration for the Vehicle independent of the Contractor, and chooses to obtain title and registration independent of the Contractor, the Customer shall notify the Contractor in writing of this decision no later than three Business Days following receipt of the Acknowledgement of Order Form. However, the Customer shall then be obligated to title and register the awarded Commodity , and the Contractor shall provide the Customer any documents necessary for the Customer to do so at the time of delivery. The Contractor may obtain special plates such as “State”, “County”, or “City” from most county tax offices, but agency plates such as “DOT”, “DC”, “DNR”, etc. shall be obtained from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, in Tallahassee, Florida. In addition, Customers may elect to transfer an existing license plate, or may choose to obtain a new license plate, for which additional fees may apply. • The Contractor is not required to obtain new license plates for the Customer unless there is a notation, and a new license plate fee is included on the purchase order. • The Customer’s purchase order notation for a new license plate shall include the request for a new license plate, what type of license plate is required, and a Customer point of contact including the person’s name, title, and telephone number should there be any questions. 25. Deletions During the Contract Term, the Department shall have the right to delete Commodities, including but not limited to, Groups, Manufacturers, brand names, and Representative Models, from this agreement by removing them from Exhibit B, Price Sheet (C.4). Commodities may be removed at the sole discretion of the Department. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 17 of 22 26. Price Adjustments Prices may be adjusted with the introduction of a new year model(s) for a Representative Model(s) awarded to the Contractor and any associated Option(s) awarded in the “OPTIONS” Specification Category of the price sheet. Prices may be adjusted no earlier than 12 months after the start date of the Contract and, thereafter, or no earlier than 12 months after the effective date of the previous price adjustment. Price increases must be supported by a change in the Producer Price Index (PPI) for the Series ID(s) shown in the table below. This information is published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS), and is available at http://www.bls.gov/data/. Series ID Product 336120336120 Heavy duty truck mfg The change in PPI for the first price adjustment after the start date of the Contract shall be determined using the PPI for the month in which the Contract began and the latest available non-preliminary PPI at the time of the price adjustment request (a preliminary PPI is indicated on the BLS website with a “(P)” notation). The change in PPI for second and subsequent price adjustments shall be determined using the latest PPI that was used to support the previous price adjustment and the latest available non-preliminary PPI at the time of the request. When requesting a price increase, the Contractor shall submit a written justification to the Contract Manager detailing the reason(s) for the request; an increase in the PPI is not sufficient justification for a price increase by itself. Price increases shall not exceed the percent change in PPI or three percent, whichever is less. The percent change in PPI shall be calculated using the following formula: (𝐴−𝐴) 𝐴=𝑍 Where: A = earliest PPI (PPI at the time the renewal term began or previous price adjustment) B = latest PPI (latest available non-preliminary PPI at the time of price adjustment request) Z = percent change in PPI For any price adjustment request which exceeds the percent change in PPI, an exception may be considered by submitting to the Department’s Contract Manager a revised MSRP and supporting documentation detailing substantial model improvements which provide additional value to the State. If an exception is approved, the pricing adjustment will be calculated by applying the same percentage discount off MSRP as submitted in the original bid. The Department reserves the exclusive right to approve or deny any price adjustment request. Price adjustments will not be considered for any Contractor with any contractual non-performance issues including, but not limited to, outstanding fees or monies due under this Contract or overdue reports or documentation including, but not limited to, a Quarterly Sales Report or an MFMP Transaction Fee Report. A price adjustment does not constitute a change to the Contract requiring an amendment executed by both Parties. After the Department approves a price adjustment in a written communication to the Contractor, it will incorporate the price adjustment onto the price sheet listed on the State Purchasing Contract website. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 18 of 22 OEM Options Discounts and Non-OEM Options Discounts, as awarded on the price sheet for each Representative Model, may not be reduced during the life of the Contract. 27. Ceiling Prices The Representative Model Price for each Representative Model listed in the Contractor’s submitted Price Sheet (C.4), shall be the not-to-exceed Ceiling Prices under the Contract. The Options discount listed in the Contractor’s submitted Price Sheet (C.4) shall be the minimum discount applied to Options. 27.1 Charges and Fees The ceiling prices are inclusive of all charges and fees, including but not limited to, the following: 1. Administrative; 2. Environmental; 3. Title Application and Registration; 4. License Plate Transfer; 5. Preparation; 6. Handling; 7. Freight; 8. Distribution; 9. Shipping; 10. Delivery to any point within the State; 11. Warranty; 12. Tire and Battery Fee; 13. Any other charges or fees necessary to deliver the Representative Model according to the requirements, specifications, terms, and conditions, exclusive of taxes; 14. Profit; and 15. Installation (for Options, including aftermarket Options). 28. Options Discount The discount percentage, listed for the Representative Model’s Options, shall be the minimum discount percentage applied off the current MSRP (Price, not MSRP Credit) for Options during the Contract period. If an Option has a positive MSRP (e.g., $1.00), then the Option Discount (e.g., 10%) will provide a lower Option Net Price for the individual Option (e.g., $1.00 MSRP x (1-10% Options Discount)] = $0.90 Option Net Price); Option’s Net Prices shall be rounded to the nearest whole cent. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 19 of 22 Option’s MSRP Credits will be stated as the MSRP list price, with the Option Discount applied. The Option’s discount percentage does not apply to the Options listed on the pricing sheets and shall only be applied to upgrades made to the Representative Model specifications based on performance needs. 29. Contractor’s Use of Dealers The Contractor may engage Dealers in accordance with the terms herein to provide sales and support for the awarded Commodities offered under this Contract. In the event the Contractor elects to use Dealers, the Contractor shall remain fully accountable for ensuring that the Dealer complies with the terms of this Contract. In the event the Dealers fail to comply with the terms of this Contract, the Contractor shall remain fully liable. The Contractor shall ensure that Dealers remain current with the Contractor’s authorized Commodities and pricing listed in the price sheet. The Contractor shall remain responsible for receiving purchase orders and shall remain responsible for invoicing the Customer for payment. All invoices shall remain in the name of the Contractor. The Contractor may not utilize Dealers until receiving express authorization from the Department. Information regarding the Contractor’s addition of Dealers can be found at the following link: https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/subcontractor_dealer_reseller_forms. 30. Performance Qualifications The Department reserves the right to investigate or inspect at any time whether the Commodities, qualifications, or facilities offered by Contractor meet the Contract requirements. The Contractor shall at all times during the Contract term remain responsive and responsible. In determining Contractor’s responsibility as a Contractor, the Department may consider all information or evidence which is gathered or comes to the attention of the Department which demonstrates the Contractor’s capability to fully satisfy the requirements of the solicitation and the Contract. If the Department determines the terms of the Contract are not complied with, or that the equipment or parts proposed to be furnished does not meet the specified requirements set forth herein, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Department may terminate the Contract. 31. Contract Reporting The Contractor shall report information on orders received from Customers associated with this Contract. No revised MSRP lists, or price adjustments will be considered for any Contractor who has outstanding reports, or any other documentation required under the Contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Date MFMP Transaction Fee Report Calendar month 15 calendar days after the end of each month Quarterly Sales Report State’s Fiscal Quarter 30 calendar days after close of the period DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 20 of 22 Diversity Report (submitted to the Customer) State Fiscal Year 30 Business Days after close of the period Preferred Pricing Affidavit (in accordance with the Special Contract Conditions) Annual Contract Anniversary Date 32. MFMP Transaction Fee Report The Contractor is required to submit monthly MFMP Transaction Fee Reports in the Department’s electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and vendor training presentations available online at the “Transaction Fee & Reporting” section and “Training for Vendors” subsections under the “Vendors” tab on the MFMP website. Assistance with Transaction Fee Reporting is also available from the MFMP Customer Service Desk by email at: VendorHelp@myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. 33. Quarterly Sales Reports The Contractor shall submit a quarterly sales report electronically, in the required format, to the Department’s Contract Manager within 30 calendar days after close of each quarter. The quarterly sales report can be found at the following link: https://www.dms.myflorida.com/business_ operations/state_purchasing/vendor_resources/quarterly_sales_report_format. Failure to provide the quarterly sales report will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract. Initiation and submission of the quarterly sales report are the responsibility of the Contractor without prompting or notification by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded during the period, the Contractor must submit a report stating that there was no activity. If no sales are recorded in two consecutive quarters, the Contractor may be placed in probationary status or the Department may terminate the Contract. Quarter 1 – (July-September) – due 30 calendar days after the close of the period Quarter 2 – (October-December) – due 30 calendar days after the close of the period Quarter 3 – (January-March) – due 30 calendar days after the close of the period Quarter 4 – (April-June) due 30 calendar days after the close of the period 34. Diversity Report The Contractor shall report to each Customer, spend with certified and other minority business enterprises. These reports shall include the period covered, the name, minority code and Federal Employer Identification Number of each minority business utilized during the period, Commodities provided by the minority business enterprise, and the amount paid to each minority business on behalf of each purchasing agency ordering under the terms of this Contract. 35. Ad Hoc Reports The Department or Customer may require additional Contract information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit information in response to these specific ad hoc requests for reports within the specified amount of time as requested by the Department or Customer. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 21 of 22 36. Business Review Meetings In order to maintain the relationship between the Department and the Contractor, each quarter the Department may request a business review meeting. The business review meeting may include, but is not limited to, the following: • Successful completion of deliverables • Review of the Contractor’s performance • Review of minimum required reports • Addressing of any elevated Customer issues • Review of continuous improvement ideas that may help lower total costs and improve business efficiencies. 37. Financial Consequences Financial Consequences will be assessed for failure to timely perform or submit a report as required by the Contract and shall be paid via check or money order in US Dollars, and made out to the Department of Management Services or the specific Customer, where applicable. Financial Consequences will be assessed daily for each individual failure until the performance or submittal is accomplished to the Department’s or Customer’s satisfaction, unless stated otherwise. For the submissions of reports, financial consequences will apply to each target period beginning with the first full month or quarter of the Contract’s performance and each month and quarter thereafter Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit completed Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per Calendar Day late/not received by the Contract Manager Contractor will timely submit completed MFMP Transaction Fee Reports All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $100 per Calendar Day late/not received by the Contract Manager Contractor will timely provide accurate Price Quote Forms to Customers All Price Quote Forms will be timely provided to Customers with accurate information Upon Customer request $25 per inaccurate or untimely Price Quote Form DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Page 22 of 22 No favorable action will be considered for any contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees / monies that is required under this Contract. Contractor will adhere to the Manufacturer’s Last Order Date, Production Notification, and Representative Model Change section of the Scope of Work The Contractor shall adhere to the notification requirements listed in the Manufacturer’s Last Order Date, Production Notification, and Representative Model Change section of the Scope of Work Notice will be provided pursuant to the Manufacturer’s Last Order Date, Production Notification, and Representative Model Change section of the Scope of Work, no later than 30 calendar days prior to the effective date of the Manufacturer’s Last Order Date $250 per occurrence Customer will timely provide Diversity Report (submitted to the Customer) Timely provide diversity report Report will be provided no later than 10 Business Days after the end of the State fiscal year $250 per occurrence Ad hoc report(s) Provide ad hoc reports as requested Ad hoc reports will be provided within the timeframe agreed to by the Department and the Contractor, or Customer and Contractor $250 per occurrence DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 1 Exhibit C ADDITIONAL SPECIAL CONTRACT CONDITIONS A. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following: 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(14), F.S. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c) and (g), F.S., are hereby incorporated by reference. Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing information relevant to performance of the Contract or purchase order to members or staff of the Florida Senate or Florida House of Representatives. Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and ensure a representative will be available to, a continuing oversight team. The Contractor will comply with all applicable disclosure requirements set forth in section 286.101, F.S. In the event the Department of Financial Services issues the Contractor a final order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the Contractor shall immediately notify the Department and applicable Customers and shall be disqualified from Contract eligibility. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists. In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration or termination of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F.S., made or received by the Contractor in conjunction with the Contract unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT PUBLICRECORDS@DMS.FL.GOV, (850) 487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 13.2 E-Verify. The Contractor and its subcontractors have an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees in accordance with section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. The Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department’s Contract Manager within five days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one year after the date of such termination. The Department will promptly notify the Contractor and order the immediate termination of the contract between the Contractor and a subcontractor performing work on its behalf for this Contract should the Department have a good faith belief that the subcontractor has knowingly violated section 448.09(1), F.S. B. Special Contract Conditions additions: the following subsection is added to the Special Contract Conditions: 12.3 Document Inspection. In accordance with section 216.1366, F.S., the Department or a state agency is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Contractor which the Department or state agency determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department or a state agency within 10 Business Days after the request is made. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 1  SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2  SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2  SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3  SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4  SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6  SECTION 6. MISCELLANEOUS. ................................................................................................................. 7  SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9   SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL  PROPERTY. ............................................................................................................................................. 10  SECTION 9. DATA SECURITY. ................................................................................................................. 12  SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13  SECTION 11. CONTRACT MONITORING. ............................................................................................... 14  SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15  SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16  SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17  In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. Exhibit D DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 2  SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract;(b)notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or(c)take other action deemed appropriate by the Department. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 3  SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 4  3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 5  Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 6  AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 7  Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 8  Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 9  6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.   7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 10  All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security.   7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 11  The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 12  responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 13  The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 14  SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 15  The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 16  12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E-Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 SP approved version 7‐1‐2019 17  (c) Fraudulent practices;(d) False pretenses; (e) Frauds;(f)Credit card crimes;(g) Forgery; (h) Counterfeiting;(i) Violations involving checks or drafts;(j)Misuse of medical or personnel records; and (k)Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: 3DB0C486-BD7A-46BA-971E-7092D17C92A8 State Term Contract No. 22100000-21-STC Construction and Industrial Equipment 22100000-21-STC Page 1 of 21 Construction and Industrial Equipment This Contract is between the State of Florida, Department of Management Services (Department), an agency of the State of Florida, and CNH Industrial America, LLC (Contractor), collectively referred to herein as the “Parties.” Accordingly, the Parties agree as follows: I. Initial Contract Term. The Initial Contract Term shall be for three years. The Initial Contract Term shall begin on July 1, 2021, or on the last date, it is signed by all Parties, whichever is later. The Contract shall expire on June 30, 2024, unless terminated earlier in accordance with the Special Contract Conditions. II. Renewal Term. Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, for a Renewal Term not to exceed the Initial Contract Term, pursuant to the incorporated Special Contract Conditions. III. Contract. As used in this document, “Contract” (whether or not capitalized) shall, unless the context requires otherwise, include this document and all incorporated Attachments, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Contract must be in writing and signed by all Parties. All Attachments listed below are incorporated in their entirety into and form part of, this Contract. The Contract Attachments shall have priority in the order listed: a) Attachment 1, Special Contract Conditions b) Attachment 2, Scope of Work c) Attachment 3, Price Quote Form d) Attachment 4, Acknowledgement of Order e) Attachment 5, Preferred Pricing Affidavit f) Attachment 6, Contractor’s Submitted Product Group Discount g) Attachment 7, Price Sheet DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 2 of 21 Construction and Industrial Equipment IV. Contract Management. Department’s Contract Manager: Shaveon Nelson Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 922-1214 Email: Shaveon.Nelson@dms.fl.gov Contractor’s Contract Manager: Mike Sheaffer CNH Industrial America, LLC 500 Diller Ave, MS 248 New Holland, Pennsylvania 17557 Telephone: (717) 413-6071 Email: mike.sheaffer@newholland.com IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes the incorporated Attachments, to be executed by their undersigned officials as duly authorized. This Contract is not valid and binding until signed and dated by the Parties. CONTRACTOR STATE OF FLORIDA CNH INDUSTRIAL AMERICA, LLC DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ Mike Sheaffer Tami Fillyaw Government/Fleet Sales Account Chief of Staff Manager _____________________________ _______________________________ Date: Date: DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 6/11/2021 | 8:42 AM EDT 6/21/2021 | 8:43 AM EDT SP approved version 7‐1‐2019 1  ATTACHMENT 1 SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2  SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2  SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3  SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4  SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6  SECTION 6. MISCELLANEOUS. ................................................................................................................. 7  SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9   SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL  PROPERTY. ............................................................................................................................................. 10  SECTION 9. DATA SECURITY. ................................................................................................................. 12  SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13  SECTION 11. CONTRACT MONITORING. ............................................................................................... 14  SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15  SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16  SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17  In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 2  SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 3  SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 4  3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 5  Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 6  AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 7  Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 8  Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 9  6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.   7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 10  All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security.   7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 11  The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 12  responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 13  The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 14  SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 15  The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 16  12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A SP approved version 7‐1‐2019 17  (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 4 of 21 Construction and Industrial Equipment Attachment 2 Scope of Work 1. Purpose To provide Customers with Construction and Industrial Equipment on a statewide basis, pursuant to the terms set forth in this Scope of Work. 2. Definitions All definitions apply in both their singular and plural context. Accessory – A part or object used for convenience, attractiveness, safety, etc. to improve Base Equipment capability which meet the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by the Manufacturer or Dealer, as is specified, ordered, legal, customary, reasonable, and prudent in the industry. Base Equipment – A Manufacturer’s base Construction and Industrial Equipment without the inclusion of OEM or Non-OEM Options, Parts, Accessories, and Implements. Base Equipment may be identified by a combination of the Manufacturer’s name, trade name, brand name, make name, model name, model number, or catalog number. Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m. at the Customer’s location. Commodity – As defined in section 287.012, F.S. Commodities may include Base Equipment; OEM and Non-OEM Options, Parts, Accessories, and Implements; and other products available through this Contract. Commodities may also be referred to throughout as “Construction and Industrial Equipment.” Commodity Code – The State’s numeric code for classifying commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying commodities and services. Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law. Contract – The written agreement between the Department and the Contractor. A Contractor can be a Manufacturer or a Dealer. Contract Manager – The representative designated by the Department who will oversee all aspects of the Contract, monitor performance expectations, and serve as the primary point of contact for the Contractor. Contractor – A Vendor that enters a Contract with the Department. Customer – A State agency or Eligible User. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 5 of 21 Construction and Industrial Equipment Dealer – A Manufacturer’s certified representative authorized by the Manufacturer to market, sell, provide, and service the Commodities and services of the Manufacturer responsive to the Contract. Dealers may be Contractor owned and controlled in whole or in part or independently owned and controlled. Department – The Department of Management Services, a State agency. Eligible User – As defined in Rule 60A-1.001(2), F.A.C. Group – A series of Commodities with applicable Commodity Codes which are described in the Description of Scope section in the Scope of Work. Implement – A tool, utensil, or other piece of equipment, especially as used for a particular purpose or to improve Base Equipment capability which meet the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by the Manufacturer or Dealer, as is specified, ordered, legal, customary, reasonable, and prudent in the industry. Manufacturer – The producer or provider of Construction and Industrial Equipment which possess the minimum quality, reliability, service, and value required by the Department and Customers. May be used interchangeably with Brand Name. Manufacturer’s Suggested Retail Price (MSRP) – The MSRP represents the Manufacturer’s recommended retail selling price, list price, published price, or other usual and customary price that would be paid by the purchaser for specific Commodities without benefit of a Contract resulting from this solicitation. It must be publicly listed, available, and verifiable by the Department. MSRP Credit – The MSRP price of OEM and Non-OEM Options, Parts, Accessories or Implements that are deducted from the Base Equipment price paid by the Customer if removed from the Base Equipment. MSRP List – The Manufacturer’s Suggested Retail Price List, a collection of MSRPs and related information broken down by specific Commodities. In the priority listed below, only the following are acceptable sources of current MSRPs and MSRP Lists for use under the resulting Contract: • Manufacturer’s Annual U.S. Price Book; and • Manufacturer’s official website or dealer software. Net Price – The final price paid by the Customer after applying all MSRP discounts and MSRP Credits. Net Price for Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s) and their respective features, equipment, and components shall include all charges. Packing, handling, freight, distribution, and delivery shall be included at no additional charge to the Customer. Non-OEM – Produced by a manufacturer or party other than the OEM. Option – Options requested by the Customer specifically for the Construction and Industrial Base Equipment which meet the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 6 of 21 Construction and Industrial Equipment the Manufacturer or Dealer, as is specified, ordered, legal, customary, reasonable, and prudent in the industry. Original Equipment Manufacturer (OEM) – The original Manufacturer of a Commodity. Part – Repair or service parts for Base Equipment which meet the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by the Manufacturer or Dealer, as is specified, ordered, legal, customary, reasonable, and prudent in the industry. State – The State of Florida. 3. Scope of Work 3.1 Description of Scope The Commodities (including Base Equipment; OEM and Non-OEM Options, Parts, Accessories, and Implements; and other products available through this Contract) shall be classified under the following Groups: Group Group Description Group 1 EXCAVATORS: MINI/COMPACT TRACK EXCAVATORS (LESS THAN 70 HP) Group 2 EXCAVATORS: TRACK EXCAVATORS (EQUAL TO OR GREATER THAN 70 HP) Group 3 EXCAVATORS: WHEEL AND TRUCK MOUNT Group 4 MOTOR GRADERS AND MAINTAINERS Group 5 COMPACTORS/ROLLERS: ASPHALT, SOIL, AND LANDFILL Group 6 DOZERS: CRAWLER Group 7 DOZERS: WHEEL Group 8 COMPACT TRACK AND MULTI TERRAIN LOADERS (LESS THAN 15,000 LBS. OPERATING WEIGHT) Group 9 CRAWLER/TRACK LOADERS (GREATER THAN 15,000 OPERATING WEIGHT) Group 10 WHEEL LOADERS Group 11 SKID STEER LOADERS: WHEEL Group 12 BACKHOE LOADERS: WHEEL Group 13 INDUSTRIAL TRUCKS/FORKLIFTS Group 14 FORKLIFT/TELESCOPIC HANDLERS, RIDING TYPE (INCLUDING ROUGH TERRAIN) Group 15 POWER GENERATORS (EXCLUDES PORTABLE) DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 7 of 21 Construction and Industrial Equipment Group 16 CONSTRUCTION EQUIPMENT: INCLUDES CONCRETE SAWS, PORTABLE CEMENT MIXERS, PORTABLE LIGHTS, OTHER (EXCLUDES HAND TOOLS AND EQUIPMENT THAT QUALIFIES FOR OTHER GROUPS) Group 17 GOOSENECK, LOWBOY, AND HEAVY EQUIPMENT TRAILERS Group 18 SPECIALTY TRAILERS: LANDSCAPE AND DUMP TRAILERS The Contract is intended to cover only those Commodities generally used by the State of Florida as listed and described herein and does not include all varieties of equipment that are commercially available. The Department in its sole discretion shall determine eligibility and accessibility of all Commodities available and included under the Contract. The Contractor shall be responsible for removing all non-eligible and unacceptable Commodities under the Contract from the Contractor’s MSRP List and Price Sheet. Delivery of non-conforming Commodities and contractual services, which are not remedied as required herein, may be cause for default proceedings or contract termination. 3.2 Commodity Specifications and Standards The Contractor shall ensure that all Commodities, including all Base Equipment, OEM and Non-OEM Options, Parts, Accessories, and Implements, and their respective features, equipment, and components, shall meet the following minimum requirements: 1. All Commodities shall be designed, constructed, equipped, assembled (except as specified in the Transportation and Delivery section in this SOW), and installed to be fully suitable for their intended use, purpose, and service. The Contractor is not required to install Parts purchased by the Customer unless specifically agreed to by the Customer and Contractor; 2. All Commodities shall be new and unused (except as specified in the Transportation and Delivery section of this SOW), for the current Manufacturer’s model year or later, of current or recent production, and of the latest design and construction; 3. All Commodities shall be biodiesel (B-20), compressed natural gas (“CNG”), diesel, electric, gasoline (E-10 to E-85), liquefied petroleum gas (“LPG”), natural gas, or propane powered; 4. All Commodities shall include all OEM standard features, equipment, and components, Manufacturer or Dealer installed according to the Manufacturer’s standard procedures, requirements, and specifications; 5. All Commodities shall be free of damage and/or rust which may affect appearance or serviceability; 6. All Commodities shall be professionally designed, manufactured, installed, and serviced pursuant to the industry standard of care; 7. All Commodities shall comply with required state and federal laws, including but not limited to motor vehicle, mobile equipment, safety, and environmental laws; and 8. All Commodities shall meet the requirements, specifications, terms, and conditions herein. Contactor shall ensure that no Contractor or Dealer advertising or identification (name, logos, etc.) is on the Commodities, including Base Equipment, OEM and Non-OEM Options, Parts, Accessories, and Implements, and their respective features, equipment, and components. Manufacturer advertising or identification (name, model, logos, etc.) shall be permitted on the DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 8 of 21 Construction and Industrial Equipment respective Commodities if such advertising or identification is a Manufacturer’s standard on the specific Commodity. The Department, in its sole discretion, shall determine what is Contractor or Dealer advertising or identification, what is Commodity Manufacturer’s advertising or identification, and what advertising or identification is acceptable. The Contractor shall be responsible for removing, without damage, all unacceptable advertising or identification. The Contractor may use Dealers in accordance with the terms herein to provide sales and support for the awarded Commodities offered under this Contract. In the event the Contractor elects to use Dealers, the Contractor shall remain fully accountable for ensuring that the Dealer complies with the terms of this Contract. In the event the Dealers fail to comply with the terms of this Contract, the Contractor shall remain fully liable. The Contractor shall ensure that Dealers remain current with the Contractor’s authorized Commodities and MSRP List. The Contractor shall remain responsible for receiving purchase orders and shall remain responsible for invoicing the Customer for payment. All invoices shall remain in the name of the Contractor. The Contractor may not utilize Dealers until receiving express authorization from the Department. Information regarding the Contractor’s addition of Dealers can be found at the following link: https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/subcontractor_dealer_reseller_forms. 3.3 Federal and State Standards It is the intent of the Department that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of Commodities being provided. This includes, but is not limited to: Federal Motor Vehicle Safety Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA”), Environmental Protection Agency (“EPA”) Standards, and State of Florida laws, requirements, and regulations that apply to the type and class of Commodities being provided. In addition, the Contractor is responsible for complying with any applicable federal or State legislation that becomes effective during the term of the Contract upon the legislation’s effectiveness. The Contractor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the Contractor, whether as the Manufacturer or Dealer, shall contact the DMS Contract Manager immediately. 3.4 Testing Samples of delivered Commodities may be selected at random by Customers or Department and tested for compliance with the requirements, specifications, terms, and conditions. 3.5 Warranty The Contractor shall ensure that the Manufacturer’s standard warranty shall cover all Commodities of the Contract. The Manufacturer’s standard warranty is required to provide coverage against defective material, workmanship, and failure to perform in accordance with the specifications and required performance criteria. The Manufacturer’s standard warranty coverage shall be identical to or exceed the most inclusive of those normally provided for the Commodities specified herein that are sold to any federal, state, or local governments. The Manufacturer’s standard warranty shall have a minimum term of one year from the acceptance section and shall begin only at the time of acceptance by the Customer. Should the Manufacturer’s standard warranty conflict with any requirements, specifications, terms, or conditions of the Contract, then the Contract requirements, specifications, terms, and conditions shall prevail. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 9 of 21 Construction and Industrial Equipment 3.6 Commodities Recall In the event there is a recall of any of the Commodities, any of its components, or any parts incorporating the equipment ("Recalled Equipment"), the Contractor shall provide reasonable assistance to the Department in developing a recall strategy and shall cooperate with the Department and the Customers in monitoring the recall operation and in preparing such reports as may be required. Each Contractor shall, at the request of the Department or any Customer, give the Department and each Customer all reasonable assistance in locating and recovering any equipment or Recalled Equipment. Each Contractor shall immediately notify and provide copies to the Department of any communications, whether relating to recalls or otherwise, with any Customer. The Contractor shall ensure defective Recalled Equipment are rectified, replaced and/or destroyed in compliance with all applicable laws, rules or regulations and the Department's reasonable instructions. All Contractor efforts relating to Recalled Equipment shall be at Contractor’s own expense. 3.7 Commodity Compliance and Compatibility It is the Contractor’s responsibility to ensure that the Commodities supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall ensure that all Commodities ordered by the Customer are fully compatible with each other and with any associated pre-existing Commodity possessed by the Customer and disclosed to the Contractor by the Customer. The Contractor’s acceptance of the Customer’s order shall indicate that the Contractor agrees to deliver a Commodity that is fully compliant and compatible with the Customer’s order requirements, specifications, terms, and conditions. In the event any ordered Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components are found by the Customer to be missing, incorrect, defective, damaged, non-compatible, or non-compliant, the Contractor shall, at the Customer’s discretion, be required to complete one of the following at no additional cost to the Customer: • Install or repair the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s), and their respective features, equipment, and components; • Replace the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components; or OEM Options, Parts, Accessories, and Implements Non-OEM Options, Parts, Accessories, and Implements; and • Refund the purchase price of the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components to the Customer. Any changes necessary after the delivery of the Customer’s order that are required to bring a Commodity into compliance or compatibility due to an incorrect order fulfillment by the Contractor shall be accomplished at the Contractor’s expense. 3.8 Commodities Title and Registration Construction and Industrial Equipment delivered under the Contract shall be titled and registered by the Contractor in accordance with Florida law, including Chapters 319 and 320, Florida Statutes. The Contractor shall send any necessary form(s) that shall be signed by an authorized representative of the Customer with the Commodity upon delivery, and the Contractor shall obtain any necessary signatures and complete the titling and registration process for the Customer in a timely manner. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 10 of 21 Construction and Industrial Equipment In the event the Customer is permitted by law or policy to obtain title and registration independent of the Contractor, and chooses to obtain title and registration independent of the Contractor, the Customer will notify the Contractor in writing of this decision no later than three Business Days following receipt of the Acknowledgement of Order form. However, the Customer shall then be obligated to title and register the awarded Commodity and the Contractor shall provide any documents necessary for the Customer to do so. Customers may elect to transfer an existing license plate or may choose to obtain a new license plate. • Transferring an existing license plate is the standard default order type and does not require specific notation on the Purchase Order. All related fees associated with transferring an existing license plate are included in the Base Equipment Net Price a) When obtaining a new license plate, the Customer should include a notation on the Customer Order and an additional amount to cover the cost of a new license plate. The Contractor is not required to obtain a new license plate for the Customer unless there is a notation and a new license plate fee is included on the Customer Order. All related fees except for the new license plate cost are included in the Base Equipment Net Price. The Customer’s order notation for a new license plate shall include the request for a new license plate, the type of license plate required, and a contact person’s name, title, and telephone number. b) The Contractor may obtain special plates such as “State”, “County”, or “City” from most county tax offices, but agency plates such as “DOT”, “DC”, “DNR”, etc. shall be obtained from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, in Tallahassee, Florida. 3.9 Transportation and Delivery The Net Price for Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components shall include all charges. Packing, handling, freight, distribution, and delivery shall be included at no additional charge to the Customer. Transportation and Delivery shall be FOB Destination to any point statewide as follows: 1. Customers shall be notified within two Business Days when Commodities are not in stock or unavailable from the Manufacturer at the time of order. Commodities must be delivered within 180 Calendar Days after receipt of order, unless otherwise agreed to by the Customer. For any delivery not made within the 180 Calendar Day timeframe, the Department’s Contract Manager must be notified and given a copy of the Customer’s order. The Contractor must provide the Department’s Contract Manager any requested information and timeframe for completion of the order. 2. Commodities in stock must be delivered within 14 Calendar Days after receipt of order or the receipt of the Commodities from the Manufacturer, with one exception – Commodities requiring post-Manufacturer or Dealer installed OEM or Non-OEM Options, Parts, Accessories, and Implements shall be delivered within 30 Calendar Days after receipt of the Commodities from the Manufacturer(s). Delivery of the Commodity is defined as receipt of the Commodity at the Customer’s designated location. Delivery does not constitute the Customer’s acceptance. See section 3.12, Acceptance, in this SOW. The Contractor shall give the ordering Customer a minimum of one Business Day notice prior to delivery. Commodities shall be delivered as determined by the Customer. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 11 of 21 Construction and Industrial Equipment The Contractor shall deliver Commodities by either private or common carrier transport. Where deliveries may be accomplished by driving the self-propelled, street-legal, Commodity a maximum of three road miles, the self-propelled Commodity may be driven to the delivery location at Contractor’s sole risk and expense. The Contractor shall comply with the Manufacturer’s break-in requirements and all applicable traffic laws. All self-propelled operator occupied Commodities delivered by the Contractor to the Customer shall contain no less than one-quarter (1/4) tank of fuel as indicated by the fuel gauge at the time of delivery. At the Customer’s option, Commodities with less than one-quarter (1/4) tank of fuel at delivery may be rejected or $3.00 per gallon or gallon equivalent up to one-quarter of the Commodity’s fuel tank capacity may be deducted from the invoice and payment. The Contractor shall perform the standard Manufacturer’s pre-delivery inspection and is responsible for delivering a Commodity that is properly serviced, clean, and in first class operating condition. The Contractor is required to perform the following, at a minimum, as part of its pre-delivery service: 1. Completely lubricate operating chassis, engine, and mechanisms with Manufacturer’s recommended grades of lubricants; 2. Check and fill all fluid levels to ensure proper fill; 3. Adjust engine(s) to proper operating condition(s); 4. Inflate tires to proper pressure; 5. Ensure proper operation of all accessories, gauges, lights, and mechanical and hydraulic features; 6. Clean equipment, if necessary, and remove all unnecessary and prohibited tags, stickers, papers, etc.; 7. Ensure that the awarded Commodity is completely assembled (unless otherwise noted in the following sub-section) including Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components and OEM Options, Parts, Accessories, and Implements, are thoroughly tested and ready for immediate operation upon delivery; and 8. Where applicable, ensure that the product is packaged in a manner which ensures safe delivery to the destination. Packaging shall comply with all federal, state, and local laws including but not limited to the requirements of section 403.7191, Florida Statutes. The Contractor shall mark each package to include the name of the Contractor, the State Term Contract number, the purchase or Customer Order number, and a brief description of the contents. The Contractor shall deliver all Commodities with each of the following completed documents: 1. Copy of the Manufacturer’s pre-delivery inspection form, which meets or exceeds the requirement herein; 2. Copy of the ordering Customer’s Purchase Order; 3. Copy of the applicable Manufacturer specification(s); 4. Copy of the Manufacturer’s invoice(s) (prices may be deleted or obscured) for each Commodity, including individual Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components and OEM Options, Parts, Accessories, and Implements in the shipment; 5. Manufacturer’s Window Sticker(s), if applicable; 6. Manufacturer’s Certificate of Origin, if applicable; 7. Manufacturer’s Operator Manual, and (if not included in the operator manual) one each of the Manufacturer’s lubrication and maintenance instructions; DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 12 of 21 Construction and Industrial Equipment 8. Copy of the Manufacturer’s Standard Warranty Certifications; 9. Sales Tax Exemption Form, if applicable; 10. Temporary Tag and twenty day Extension Tag, if applicable; and 11. DHSMV82040, Application for Certificate of Title and/or Vehicle Registration, if applicable. Deliveries that do not include the above applicable forms and documents, or that have forms that have been altered, or are not properly completed, may be refused. Repeated failures by the Contractor to include the above properly completed forms and publications, or that have submitted altered forms, to the ordering Customers may be cause for default proceedings and/or Contract termination. These Transportation and Delivery requirements, terms, and conditions also apply to the re-delivery of a Commodity that was previously rejected upon initial delivery. 3.10 Price Quote Form For all Customer requests the Contractor shall complete and submit an Attachment 3, Price Quote Form (PQF), to the Customer for the requested Commodities. For all Commodities quoted on the PQF, the MSRP Listing must also be provided to the Customer. All Commodities shall be itemized on the PQF and include applicable brand, model, and pricing information. The price quoted for Commodities shall not exceed the current Contract’s Net Price to Customers. The PQF shall be completed by the Contractor and returned to the Customer within two Business Days of the Contractor’s receipt of the Customer’s request for a quote. Customers are encouraged to seek more than one quote from the identified awarded Contractors, where available. Customers may negotiate with the Contractor to establish a lower price through a greater discount percentage off MSRP. 3.11 Acknowledgement of Order Form For each order, the Contractor shall provide the ordering Customer with a fully completed Attachment 4, Acknowledgement of Order Form, within five Business Days of receiving the Customer’s Order. The Contractor must use the Acknowledgment of Order Form and must not make any alterations. Failure to timely provide the Customer with the Acknowledgement of Order Form shall be deemed acceptance of the Order, which, if necessary, shall require the Contractor to provide the newest model of the Commodity which meets the prices, discounts, requirements, specifications, terms, and conditions herein. When the Contractor receives an order and does not have the ordered Commodities in stock and cannot deliver the Commodities to the Customer within fourteen calendar days, the Contractor shall notify the ordering Customer on the Acknowledgement of Order Form. When providing the Acknowledgment of Order Form the Contractor shall provide the Customer with the Manufacturer’s order confirmation information and estimated delivery date. Submission of the Acknowledgement of Order Form is the responsibility of the Contractor without prompting or notification by the Contract Manager or Customer. Repeated failures by the Contractor to timely submit completed Acknowledgement of Order Forms to the ordering Customers may be cause for default proceedings and Contract termination. 3.12 Acceptance The Customer, within three Business Days of delivery, will inspect the Commodity received for acceptability. The Customer should compare the physical Commodity delivered; Contract prices, discounts, requirements, specifications, terms, and conditions; Customer order; and DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 13 of 21 Construction and Industrial Equipment Manufacturer’s Window Sticker/Manufacturer’s Invoice(s) to ensure the Commodity received meets or exceeds the requirements, specifications, terms, and conditions of the Contract and Customer order. Additionally, the Customer should inspect the Commodity for any damage. The Contractor is obligated to correct any errors or damage. Failure by the Customer to discover an error or damage in the Commodity shall not relieve the Contractor from their obligation to correct the error or damage in the event it is found any time after the Commodity is delivered. The Parties agree that inspection and acceptance shall be the Customer’s responsibility and occur at the location of the Customer. Title and risk of loss or damage to all Commodities shall be the responsibility of the Contractor until accepted by the Customer. The Contractor shall be responsible for filing, processing, and collecting all damage claims. The Customer shall assist the Contractor by: • Recording any evidence of visible damage on all copies of the delivering carrier’s bill of lading; • Reporting any known visible and concealed damage to the carrier and the Contractor; • Confirming said reports in writing within fifteen Business Days of delivery, requesting that the carrier inspect the damaged merchandise; and • Providing the Contractor with a copy of the carrier’s bill of lading and damage inspection report. Transportation and Delivery of the Commodity does not constitute acceptance for the purpose of payment. Acceptance and authorization of payment shall be given by the Customer only after a thorough inspection indicates that the Commodity is undamaged and meets the Contract requirements, specifications, terms, and conditions. Should the delivered Commodity be damaged or differ in any respect from the Contract requirements, specifications, terms, and conditions, payment shall be withheld until such time as the Contractor completes the required, Customer-approved, corrective action. Should the Commodity require service or adjustments as part of the Customer-approved corrective action(s), the Contractor shall either remedy the defect or be responsible for reimbursing the Manufacturer’s local service Dealer or others selected by the Customer to remedy the defect. The Contractor shall initiate such required service or adjustments within two Business Days following notification by the Customer. The Commodity shall not be accepted until all service or adjustments are satisfactory and the Commodity is re-delivered in acceptable condition. The costs of any transportation and delivery required as part of the initial or any re-deliveries due to error or damage are the responsibility of the Contractor. The Customer shall notify the Department of any Contract deviation that it cannot resolve with the Contractor. The Department and Customer shall develop a corrective action plan related to the Contract deviation, which may include the Customer’s permanent refusal to accept the Commodity, in which case the Commodity shall remain the property of the Contractor, and the Customer and the State shall not be liable for payment for any portion thereof. 3.13 Installation When installation is required, the Contractor shall be responsible for placing and installing the Commodities or parts in the required locations at no additional charge. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the Commodity or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, tools, rigging, labor, and materials required to install or replace the Commodities or parts in the proper location. Contractor shall protect the site from DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 14 of 21 Construction and Industrial Equipment 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 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. 3.14 Full-Service Repair Facilities The Contractor agrees to maintain at least one factory-authorized service station or servicing Dealer within the State of Florida to perform warranty repairs and adjustments throughout the Contract term. The Contractor shall promptly notify the Department of any changes thereto. The Contractor shall be responsible for all service performed, regardless of whether the Contractor or its approved Dealer actually performed the service. Notwithstanding the foregoing, the Contractor may offer Customers “after warranty” service agreements for the maintenance and repair of goods after the initial warranty expires. The Contractor shall list this additional service as a separate item on the invoice. 3.15 Holidays The Contractor shall provide Customers all Commodities during Business Days. The following days are observed as holidays by state agencies in accordance with section 110.117, F.S.: • New Year’s Day • Birthday of Martin Luther King, Jr., third Monday in January • Memorial Day • Independence Day • Labor Day • Veterans’ Day, November 11 • Thanksgiving Day • Friday after Thanksgiving • Christmas Day If any of these holidays falls on Saturday, the preceding Friday shall be observed as a holiday. If any of these holidays falls on Sunday, the following Monday shall be observed as a holiday. Customers may have additional holiday(s) observed specifically by the Customer, which will be detailed in the Customer’s order. 3.16 Purchasing Card The State has implemented a purchasing card (P-Card). The Contractor may receive payments via the State’s P-Card. P-Card acceptance for purchase is a mandatory requirement for the Contract but is not the exclusive method of payment. If the State changes its P-Card platform during the term of Contract, the Contractor shall make all necessary changes to accept payment via the State’s new P-Card platform within 30 calendar days of notification of such change. 3.17 Punchout Catalog and Electronic Invoicing The Contractor is encouraged to provide a MFMP punchout catalog. The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Contract. The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier’s Enterprise Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 15 of 21 Construction and Industrial Equipment Through utilization of the punchout catalog model, a Florida buyer will “punch out” to a supplier’s website. Using the search tools on the supplier’s Florida punchout catalog site, the user selects the desired Products. When complete, the user exits the supplier’s punchout catalog site and the shopping cart (full of Products) is “brought back” to MFMP. No orders are sent to a supplier when the user exits the supplier’s punchout catalog site. Instead, the chosen Products are “brought back” to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding/editing the Products (i.e., line items) in the purchase order. An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details. The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: 1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. 2) PO Flip via AN This online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. 3.18 Contract Reporting The Contractor shall report information on orders received from Customers associated with this Contract. No price increases will be considered for any Contractor who has outstanding reports, or any other documentation required under this Contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Date MFMP Transaction Fee Report Calendar month 15 calendar days after the end of each month Quarterly Sales Report State’s Fiscal Quarter 30 calendar days after close of the period DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 16 of 21 Construction and Industrial Equipment Diversity Report (submitted to the Customer) State Fiscal Year 30 Business Days after close of the period Preferred Pricing Affidavit (in accordance with the Preferred Pricing section of the Special Contract Conditions) Annual Contract Anniversary Date 3.19 MFMP Transaction Fee Report The Contractor is required to submit monthly MFMP Transaction Fee Reports in the Department’s electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and vendor training presentations available online at the “Transaction Fee & Reporting” section and “Training for Vendors” subsections under the “Vendors” tab on the MFMP website. Assistance with Transaction Fee Reporting is also available from the MFMP Customer Service Desk by email at: VendorHelp@ myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. 3.20 Quarterly Sales Reports The Contractor shall submit a quarterly sales report electronically, in the required format, to the Department’s Contract Manager within thirty (30) calendar days after close of each quarter. The quarterly sales report can be found here: https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/quarterly_sales_report_format. Failure to provide the quarterly sales report, or other reports requested by the Department, will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract. Initiation and submission of the quarterly sales report are the responsibility of the Contractor without prompting or notification by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded during the period, the Contractor must submit a report stating that there was no activity. If no sales are recorded in two consecutive quarters, the Contractor may be placed in probationary status or the Department may terminate the Contract. Quarter 1 – (July-September) – due 30 calendar days after the close of the period. Quarter 2 – (October-December) – due 30 calendar days after the close of the period. Quarter 3 – (January-March) – due 30 calendar days after the close of the period. Quarter 4 – (April-June) – due 30 calendar days after the close of the period. 3.21 Diversity Report The Contractor shall report to each Customer, spend with certified and other minority business enterprises. These reports shall include the period covered, the name, minority code and Federal Employer Identification Number of each minority business utilized during the period, Commodities provided by the minority business enterprise, and the amount paid to each minority business on behalf of each purchasing agency ordering under the terms of this Contract. 3.22 Ad Hoc Reports The Department or Customer may require additional Contract information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit information in response to these specific ad hoc requests for reports within the specified amount of time as requested by the Department or Customer. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 17 of 21 Construction and Industrial Equipment 3.23 Business Review Meetings To maintain the relationship between the Department and the Contractor, each quarter the Department may request a business review meeting. The business review meeting may include, but is not limited to, the following: • Successful completion of deliverables; • Review of the Contractor’s performance; • Review of minimum required reports; • Addressing of any elevated Customer issues; and • Review of continuous improvement ideas that may help lower total costs and/or improve business efficiencies. 3.24 Financial Consequences Financial Consequences will be assessed for failure to timely perform or submit a report as required by the Contract and shall be paid via check or money order in US Dollars, and made out to the Department of Management Services or the specific Customer, where applicable. Financial Consequences will be assessed daily or per occurrence for each individual failure until the performance or submittal is accomplished to the Department’s or Customer’s satisfaction, unless stated otherwise. For the submissions of reports, financial consequences will apply to each target period beginning with the first full month or quarter of the Contract’s performance and each month and quarter thereafter. The Department and Customers reserve the right to, in addition to withholding payment, implementing other appropriate remedies, such as Contract termination or non-renewal. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit complete Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per Calendar Day late and not received by the Contract Manager Contractor will timely submit complete MFMP Transaction Fee Reports All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $100 per Calendar Day late and not received by the Contract Manager Contractor will provide accurate Price Quote Forms to Customers All Price Quote Forms will be provided to Customers with accurate information Upon Customer request $25 per order Contractor will complete the Acknowledgement of Order Form for each order All Acknowledgement of Order Forms will be provided to Customers Within 5 business days of receiving the Customer’s order $50 per occurrence DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 18 of 21 Construction and Industrial Equipment 3.25 MSRP List and Product Adjustments The Contractor shall submit a complete MSRP List that includes all Commodities (i.e. Base Equipment; OEM Options, Parts, Accessories, and Implements; and Non-OEM Options, Parts, Accessories, and Implements) for each Manufacturer/ Brand Name and Group for which the Contractor received an award; the Commodities listed on the MSRP must match the Commodities listed on the Price Sheet. The MSRP List is subject to the Department’s approval. The MSRP List shall include the following for each Commodity: The Manufacturer/Brand Model Number, the Manufacturer/Brand Item Description, and the MSRP. The Contractor shall include a cover page, which shall provide the applicable Group, Manufacturer/Brand Name, MSRP List Name, and MSRP List date. The Department shall be the final arbiter of MSRPs if an MSRP on the Contractor’s MSRP List differs from the published MSRP. The Contractor shall be responsible for removing all non-eligible and unacceptable Commodities under the Contract from the Contractor’s MSRP List. The Contractor may add products to the MSRP List at any time during the life of the Contract by submitting a complete and revised MSRP List. Products added must be from a Manufacturer/Brand Name for which the Contractor received an award and fall within the scope of a Group for which the Contractor received an award. The Contractor may delete products from the MSRP List by providing a justification to the Department with approval from the Department. Any product deletions require the Contractor to submit a complete and revised MSRP List. The Contractor shall immediately notify the Department in writing if the Contractor is unable to provide the awarded Manufacturer/Brand. The Contractor shall be responsible for removing all non-eligible and unacceptable Commodities under the Contract from the Contractor’s MSRP List. The Contractor may update existing product’s MSRPs on the MSRP List to match the MSRPs published by the Manufacturer no earlier than twelve (12) months after the start date of the Contract and, thereafter, or no earlier than twelve (12) months after the date of the previous MSRP update. The Contractor may update the existing product’s MSRPs on the MSRP List by submitting a complete and revised MSRP List for Department review and approval. Revised MSRP Lists, regardless of whether the Contractor is adding products or updating existing product’s MSRPs, must be accompanied by a revised Price Sheet, as described in the Price Sheet and Price Adjustments section of the Scope of Work, as well as a list of all changes made from the previously submitted version of the MSRP List. 3.26 Price Sheet and Price Adjustments The Contractor shall submit a complete price sheet to include all Base Equipment and OEM Options, Parts, Accessories, and Implements for each Manufacturer/Brand and Group for which the Contractor received an award. The Commodities listed on the price sheet must match the Commodities listed on the MSRP List. The price sheet is subject to the Department’s approval. The price sheet shall be provided in Excel format and include a separate tab for each Group. Each tab shall include, at minimum, the following information for each Commodity offered under that Group: • Brand/Manufacturer Name (as shown on the Product Group Discount Sheet); • Commodity Type (i.e. Base Equipment; OEM Option, Part, Accessory, or Implement); • Model number or other identifier that Customers can use to locate the Commodity on the Manufacturer’s website; DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 19 of 21 Construction and Industrial Equipment • Model number(s) of Base Equipment for and associated with the OEM Option, Part, Accessory, or Implement; • Description; • MSRP (as shown on the current MSRP List); • Discount (as shown on the Product Group Discount Sheet for the Commodity type); and • Net Price to the Customer. The Contractor may add products to the price sheet at any time during the life of the Contract by submitting a complete and revised price sheet. Products added must be from a Manufacturer/ Brand Name for which the Contractor received an award and fall within the scope of a Group for which the Contractor received an award. The Contractor may delete products from the price sheet by providing a justification to the Department with approval from the Department. Any product deletions require the Contractor to submit a complete and revised price sheet. The Contractor shall immediately notify the Department in writing if the Contractor is unable to provide the awarded Manufacturer/Brand. The Contractor shall be responsible for removing all non-eligible and unacceptable Commodities under the Contract from the Contractor’s price sheet. The Contractor may update existing product’s MSRPs and Net Prices to the Customer on the price sheet to match the MSRPs published by the Manufacturer no earlier than twelve (12) months after the start date of the Contract and, thereafter, or no earlier than twelve (12) months after the date of the previous MSRP update. The Contractor may update exiting product’s MSRPs and Net Prices to the Customer on the price sheet by submitting a complete and revised price sheet for the Department’s review and approval. Price adjustments should be submitted to the Contract Manager during the months of January or July. Revised price sheets, regardless of whether the Contractor is adding products or updating existing product’s MSRPs and Net Prices to the Customer, must be accompanied by a revised MSRP List, as described in the MSRP List and Product Adjustments section, as well as a list of all changes made from the previously submitted version of the price sheet. 3.27 E-Verify The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. In order to implement this provision, the Vendor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public Contract for at least one year after the date of such termination. The Department reserves the right to order the immediate termination of any Contract between the Contractor and a subcontractor performing work on its behalf should the Department develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A Title: Est. Delivery: Phone #'s:Primary:Secondary: Title: Title: UNSPSC Commodity Code* Manufacturer's Item Code Page Number QTY MSRP $###,###.## Base Equipment % Discount (see Price Sheet) Total Discount Dollars For One Unit Net Price Per Unit Total Price -$ -$ -$ OEM Item Code(s) Page Number QTY MSRP $###,###.## OEM Discount % (see Price Sheet) Total Discount Dollars For One Unit Net Price Per Unit Total Price -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Non-OEM Item Code(s) Page Number QTY MSRP $###,###.## Non-OEM Discount % (see Price Sheet) Total Discount Dollars For One Unit Net Price Per Unit Total Price -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Contractor Comments: Customer Comments: Please enter MSRP credits as a negative number or with parenthesis in front of the MSRP. The quantity should be a whole number. Example: $1532 or ($1532). Vendor Name: If the Contractor is offering an OEM or Non-OEM Options, Parts, Accessories & Implements from another Group, the Contractor must provide the Group letter in the OEM or Non-OEM Options, Parts, Accessories & Implements Items Description. Awarded Contractor Information Street Address: City, State, Zip: Contact Person: Original Quote Date:Revised Quote Date: Email Address: Fax #: Contact Person: Email Address: Fax #: Requesting Customer Information Phone #'s: Email Address: Agency Name: Contract No. 22100000-21-STC Construction and Industrial Equipment Attachment 3 - Price Quote Form (PQF) Instructions For all Commodities quoted on the PQF, the MSRP Listing must also be provided to the Customer. Contractor will need to fill in the fields that are in white. Please fill in the requested information as per the requirements of the State Term Contract. Contractor will need to refer to the Product Group Discount Sheet and the applicable price sheet on the State Purchasing website to locate the applicable % MSRP Discount. Secondary Contact for Agency: (optional) Base Equipment Description OEM Options, Parts, Accessories, and Implements Description Brand Fax #: Group Group Description Contact Person: Phone #'s: TOTAL COST: OEM Options, Parts, Accessories, and Implements *UNSPSC = United Nations Standard Products and Services Commodity Code Grand Total StateTerm Contract Price TOTAL COST: Non-OEM Options, Parts, Accessories, and Implements Non-OEM Options, Parts, Accessories, and Implements Description DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 22100000-21-STC Page 21 of 21 Construction and Industrial Equipment Attachment 4 Acknowledgement of Order Form ORDERING CUSTOMER: Click or tap here to enter text. CONTACT PERSON: Click or tap here to enter text. ADDRESS: Click or tap here to enter text. CITY: Click or tap here to enter text. STATE: FL ZIP: Click or tap here to enter text. ☒ ORDER CONFIRMATION NOTIFICATION: Purchase Order Number Click or tap here to enter text. was received from the Customer on Click or tap here to enter text.. In accordance with State of Florida State Term Contract Number 22100000-21-STC, Construction and Industrial Equipment, the Acknowledgement of Order Form section in the Scope of Work, the order was placed with the Manufacturer on Click or tap here to enter text. and assigned the following Manufacturer’s Production Number(s): Click or tap here to enter text.. We anticipate Delivery to your Delivery Location on or about Click or tap here to enter text.. For any correspondence, please reference your Purchase Order Number or the Production Number(s). CONTRACTOR: Click or tap here to enter text. ADDRESS: Click or tap here to enter text. CITY: Click or tap here to enter text. STATE: FL ZIP: Click or tap here to enter text. SIGNATURE: _____________________________________________________ Date: ____________________ ADDITIONAL COMMENTS (IF ANY): Click or tap here to enter text. Note to Contractor: This form must be accurately and completely completed with specific information, numbers, dates, signature, etc. Adjustments to the form or alternate forms are not acceptable. Submission of the Acknowledgement of Order Form is to be the responsibility of the Contractor without prompting or notification by the Contract Manager or Customer. Repeated failures by the Contractor to submit completed Acknowledgement of Order Forms to the ordering Customers may be cause for default proceedings and Contract termination. DocuSign Envelope ID: 5690FB26-D963-48B1-A22C-07F96E62235A 091521-NAF Rev. 3/2021 1 Solicitation Number: RFP #091521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.        091521-NAF Rev. 3/2021 2 Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be        091521-NAF Rev. 3/2021 3 returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change;        091521-NAF Rev. 3/2021 4 x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell        091521-NAF Rev. 3/2021 5 contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:        091521-NAF Rev. 3/2021 6 x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased        091521-NAF Rev. 3/2021 7 by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.        091521-NAF Rev. 3/2021 8 E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,        091521-NAF Rev. 3/2021 9 resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.        091521-NAF Rev. 3/2021 10 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract.        091521-NAF Rev. 3/2021 11 The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms        091521-NAF Rev. 3/2021 12 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is        091521-NAF Rev. 3/2021 13 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.        091521-NAF Rev. 3/2021 14 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.        091521-NAF Rev. 3/2021 15 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names        091521-NAF Rev. 3/2021 16 of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation        091521-NAF Rev. 3/2021 17 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.        091521-NAF Rev. 3/2021 18 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell 72 Hour LLC dba: National Auto Fleet Group By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper Title: Chief Procurement Officer Title: Fleet Manager Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date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id Number: RFP 091521 Vendor Name: 72 HOUR LLC        6SHFLILFDWLRQV 7DEOH3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV *HQHUDO,QVWUXFWLRQV DSSOLHVWRDOO7DEOHV 6RXUFHZHOOSUHIHUVDEULHIEXWWKRURXJKUHVSRQVHWRHDFKTXHVWLRQ'RQRWPHUHO\DWWDFKDGGLWLRQDOGRFXPHQWVWR\RXU UHVSRQVHZLWKRXWDOVRSURYLGLQJDVXEVWDQWLYHUHVSRQVH'RQRWOHDYHDQVZHUVEODQNUHVSRQG³1$´LIWKHTXHVWLRQGRHVQRWDSSO\WR\RX SUHIHUDEO\ZLWKDQ H[SODQDWLRQ   /LQH,WHP 4XHVWLRQ 5HVSRQVH  3URSRVHUௐ/HJDOௐ1DPHௐ RQHௐOHJDOௐHQWLW\ௐRQO\ ௐௐ ,QௐWKHௐHYHQWௐRIௐDZDUGௐZLOOௐH[HFXWHௐWKHௐUHVXOWLQJௐFRQWUDFWௐ DVௐ6XSSOLHU ௐ+RXUௐ//&  ,GHQWLI\ௐDOOௐVXEVLGLDU\ௐHQWLWLHVௐRIௐWKHௐ3URSRVHUௐZKRVHௐHTXLSPHQWௐSURGXFWVௐRUௐVHUYLFHVௐDUHௐLQFOXGHGௐLQௐWKHௐ 3URSRVDO :&$)ௐ//&:&'-5ௐ//& $ODQௐ-D\ௐ$XWRPRWLYHௐ,QF   ,GHQWLI\ௐDOOௐDSSOLFDEOHௐDVVXPHGௐQDPHVௐRUௐ'%$ௐQDPHVௐRIௐWKHௐ3URSRVHUௐRUௐ3URSRVHU VௐVXEVLGLDULHVௐLQௐ/LQHௐௐRUௐ /LQHௐௐDERYH 1$)*ௐKDVௐQXPHURXVௐVXEVLGLDULHVௐDQGௐ'%$ VௐLQFOXGLQJௐEXWௐQRWௐOLPLWHGௐWR1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐ &KHYUROHWௐRIௐ:DWVRQYLOOH:DWVRQYLOOHௐ)RUG :DWVRQYLOOHௐ&'-5 :DWVRQYLOOHௐ)OHHWௐ*URXS$ODQௐ-D\ௐ&KU\VOHUௐ-HHSௐ,QF $ODQௐ-D\ௐ&KHYUROHWௐ&DGLOODF $ODQௐ-D\ௐ%XLFNௐ*0&$ODQௐ-D\ௐ$XWRௐ2XWOHW &OHZLVWRQௐ0RWRUௐ&RPSDQ\ௐ,QF $ODQௐ-D\ௐ&KU\VOHUௐ'RGJHௐ5DPௐ-HHS$ODQௐ-D\ௐ/LQFROQ $ODQௐ-D\ௐ)RUG$ODQௐ-D\ௐ1LVVDQ$ODQௐ-D\ௐ7R\RWD   3URSRVHUௐ3K\VLFDOௐ$GGUHVV ௐ$XWRௐ&HQWHUௐ'ULYH:DWVRQYLOOHௐ&$ௐ  3URSRVHUௐZHEVLWHௐDGGUHVVௐ RUௐDGGUHVVHV ZZZ1DWLRQDO$XWR)OHHW*URXSFRP   3URSRVHU Vௐ$XWKRUL]HGௐ5HSUHVHQWDWLYHௐ QDPHௐWLWOHௐDGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH ௐ 7KHௐUHSUHVHQWDWLYHௐ PXVWௐKDYHௐDXWKRULW\ௐWRௐVLJQௐWKHௐ³3URSRVHU¶Vௐ$VVXUDQFHௐ RIௐ&RPSOLDQFH´ௐRQௐEHKDOIௐRIௐWKHௐ3URSRVHUௐDQGௐLQௐWKHௐHYHQWௐRIௐDZDUGௐZLOOௐEHௐH[SHFWHGௐWRௐH[HFXWHௐWKHௐUHVXOWLQJௐ FRQWUDFW  -HVVHௐ&RRSHU)OHHWௐ0DQDJHU ௐ$XWRௐ&HQWHUௐ'ULYH :DWVRQYLOOHௐ&$ௐ -FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP   3URSRVHU VௐSULPDU\ௐFRQWDFWௐIRUௐWKLVௐSURSRVDOௐ QDPHௐWLWOHௐ DGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH  -HVVHௐ&RRSHU )OHHWௐ0DQDJHU  ௐ$XWRௐ&HQWHUௐ'ULYH:DWVRQYLOOHௐ&$ௐ-FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP   3URSRVHU VௐRWKHUௐFRQWDFWVௐIRUௐWKLVௐSURSRVDOௐLIௐDQ\ௐ QDPHௐWLWOHௐDGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH &ODUNHௐ&RRSHU)OHHWௐ0DQJHU ௐ$XWRௐ&HQWHUௐ'ULYH:DWVRQYLOOHௐ&$ௐ &ODUNH&RRSHU#ZDWVRQYLOOHIOHHWJURXSFRP 7DEOH&RPSDQ\,QIRUPDWLRQDQG)LQDQFLDO6WUHQJWK /LQH,WHP 4XHVWLRQ 5HVSRQVH Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC         3URYLGHௐDௐEULHIௐKLVWRU\ௐRIௐ\RXUௐFRPSDQ\ௐLQFOXGLQJௐ\RXUௐFRPSDQ\¶VௐFRUHௐYDOXHVௐEXVLQHVVௐSKLORVRSK\ௐDQGௐ LQGXVWU\ௐORQJHYLW\ௐUHODWHGௐWRௐWKHௐUHTXHVWHGௐHTXLSPHQWௐSURGXFWVௐRUௐVHUYLFHV 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐVWDUWHGௐDVௐDௐQHZௐGLYLVLRQௐRIௐௐ+RXUௐ//&ௐLQௐWKHௐVXPPHUௐRIௐௐLQௐWKHௐKHDUWௐRIௐ6RXWKHUQௐ&DOLIRUQLDௐ:HௐEHJDQௐRXUௐQHWZRUNௐZLWKௐDௐVLQJOHௐDXWRPRELOHௐGHDOHUVKLSௐDQGௐKDYHௐQRZௐ JURZQௐRXUௐQHWZRUNௐWRௐHQFRPSDVVௐQXPHURXVௐGHDOHUVKLSVௐORFDWHGௐLQௐDQGௐRXWVLGHௐRIௐ&DOLIRUQLDௐ :HௐVWDQGௐE\ௐSURYLGLQJௐRSSRUWXQLWLHVௐIRUௐDGYDQFHPHQWௐE\ௐKLULQJௐDQGௐSURPRWLQJௐIURPௐZLWKLQௐRXUௐ RUJDQL]DWLRQௐ0DQ\ௐRIௐWKHௐ)OHHWௐ0DQDJHUVௐZKRௐVWDUWHGௐZLWKௐXVௐLQௐௐDUHௐVWLOOௐZLWKௐXVௐWRGD\ௐ 7KURXJKௐWKHௐ\HDUVௐZHௐKDYHௐHYROYHGௐDQGௐDGDSWHGௐWRௐWKHௐQHZௐWHFKQRORJ\ௐGULYHQௐWUHQGVௐWKDWௐDUHௐ UHYROXWLRQL]LQJௐWKHௐDXWRPRWLYHௐLQGXVWU\ௐWRGD\ௐ+RZHYHUௐRXUௐEUDQG¶VௐIXQGDPHQWDOௐFRUHௐYDOXHVௐKDYHௐUHPDLQHGௐXQFKDQJHGௐ±ௐ:HௐDUHௐFRPPLWWHGௐWRௐGRௐULJKWௐIRUௐWKHௐPHPEHUVௐ,IௐZHௐWDNHௐFDUHௐRIௐWKHPௐWKH\ௐ ZLOOௐLQௐUHWXUQௐWDNHௐFDUHௐRIௐXVௐ 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS¶VௐRSHUDWLRQDOௐEOXHSULQWௐDQGௐEXVLQHVVௐSKLORVRSK\ௐKDVௐDOZD\VௐEHHQௐWKHௐ³ௐ 5,*+7¶V´ௐIRUௐHYHU\ௐPHPEHUௐ:HௐGHOLYHUௐWKHௐ5,*+7ௐYHKLFOHௐDWௐWKHௐ5,*+7ௐWLPHௐWRௐWKHௐ5,*+7ௐSODFHௐDWௐ WKHௐ5,*+7ௐSULFHௐ 7KHௐLQWHJULW\ௐRIௐRXUௐEXVLQHVVௐVWHPVௐRQௐRXUௐGHHSௐIDPLO\ௐURRWVௐLQௐWKHௐDXWRPRWLYHௐLQGXVWU\ௐ:HௐDUHௐDQGௐDOZD\VௐZLOOௐEHௐIDPLO\ௐRZQHGௐDQGௐRSHUDWHGௐZLWKௐRXUௐIXWXUHௐJHQHUDWLRQVௐDOUHDG\ௐLQௐWKHLUௐLQIDQWௐVWDJHVௐWRGD\ௐ:HௐDUHௐFRPPLWWHGௐWRௐSLRQHHULQJௐRXUௐLQGXVWU\ௐIRUௐGHFDGHVௐWRௐFRPH   :KDWௐDUHௐ\RXUௐFRPSDQ\¶VௐH[SHFWDWLRQVௐLQௐWKHௐHYHQWௐRIௐDQௐDZDUG",IௐDZDUGHGௐWKLVௐZRXOGௐEHௐRXUௐWKௐ6RXUFHZHOOௐ&RQWUDFWௐDQGௐZHௐZRXOGௐH[HFXWHௐDVௐVXFKௐ:HௐZLOOௐFRQWLQXHௐWRௐVHUYHௐ\RXUௐPHPEHUVௐDQGௐSURYLGHௐWKHPௐZLWKௐH[FHOOHQWௐFXVWRPHUௐVHUYLFHௐZKLOHௐFRQWLQXLQJௐWRௐDGYDQFHௐFXVWRPHUௐVDWLVIDFWLRQௐ$ORQJௐZLWKௐLPSOHPHQWLQJௐQHZௐEXVLQHVVௐJURZWKௐVWUDWHJLHVௐWKDWௐZLOOௐ XOWLPDWHO\ௐODXQFKௐXVௐLQWRௐQHZௐKHLJKWVௐRQFHௐDJDLQௐ )XUWKHUPRUHௐZHௐZLOOௐODXQFKௐRXUௐ3DUWQHUௐ3URJUDPௐGHWDLOHGௐLQௐWKHௐDWWDFKHGௐ³PDUNHWLQJௐ3ODQௐ &RPSUHVVHG´ௐ=LSௐILOHௐ7KLVௐQH[WௐJHQHUDWLRQௐDSSOLFDWLRQௐZLOOௐJLYHௐPHPEHUVௐWKHௐSRZHUௐWRௐVHOHFWௐXSILWWHUVௐWKH\ௐZRXOGௐOLNHௐ1$)*ௐWRௐSDUWQHUௐZLWKௐLQௐSURYLGLQJௐVDWLVIDFWRU\ௐTXRWHVௐDQGௐVHUYLFHௐ:HௐVHHௐWUHPHQGRXVௐ YDOXHௐLQௐEXLOGLQJௐRXWௐWKHVHௐPXWXDOO\ௐEHQHILFLDOௐSDUWQHUVKLSVௐVRௐZHௐFDQௐSURYLGHௐௐVDWLVIDFWRU\ௐ WXUQNH\ௐVROXWLRQVௐWRௐWKHௐPHPEHUV   'HPRQVWUDWHௐ\RXUௐILQDQFLDOௐVWUHQJWKௐDQGௐVWDELOLW\ௐZLWKௐ PHDQLQJIXOௐGDWDௐ7KLVௐFRXOGௐLQFOXGHௐVXFKௐLWHPVௐDVௐ ILQDQFLDOௐVWDWHPHQWVௐ6(&ௐILOLQJVௐFUHGLWௐDQGௐERQGௐUDWLQJVௐOHWWHUVௐRIௐFUHGLWௐDQGௐGHWDLOHGௐUHIHUHQFHௐOHWWHUVௐ 8SORDGௐVXSSRUWLQJௐGRFXPHQWVௐ DVௐDSSOLFDEOH ௐLQௐWKHௐ GRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH 7RௐGHPRQVWUDWHௐ1$)*¶VௐILQDQFLDOௐVWUHQJWKௐDQGௐVWDELOLW\ௐZHௐKDYHௐXSORDGHGௐ%DQNௐ&RPPLWPHQWௐOHWWHUVௐ XQGHUௐWKHௐ)LQDQFLDOௐ6WUHQJWKௐ6HFWLRQௐRIௐWKHௐRQOLQHௐDSSOLFDWLRQௐ:HௐKDYHௐDௐGLUHFWௐOLQHௐRIௐFUHGLWௐRIௐ ௐWKDWௐZHௐDUHௐFXUUHQWO\ௐXWLOL]LQJௐZLWKௐRXUௐFXUUHQWௐDQGௐSDVWௐ6RXUFHZHOOௐ&RQWUDFWVௐ+RZHYHUௐWKLVௐQXPEHUௐLVௐQRWௐFDSSHGௐDVௐZHௐKDYHௐWKHௐIUHHGRPௐWRௐH[WHQGௐWKHௐFDSௐWRௐDFFRPPRGDWHௐWKHௐUHYROYLQJௐ QHHGVௐRIௐWKHௐPHPEHUVௐ 5HIHUHQFHGௐEHORZௐLVௐDௐVKRUWௐUHJLVWHUௐRIௐVRPHௐRIௐRXUௐPDUNHWௐVXFFHVVௐIURPௐDZDUGHGௐJRYHUQPHQWௐ FRQWUDFWVௐWKDWௐHQFRPSDVVௐRYHUௐௐZRUWKௐRIௐSURGXFWVௐDQGௐJRRGVௐXQGHUௐRXUௐFXUUHQWௐ6RXUFHZHOOௐ&RQWUDFWௐ $ௐ&LW\ௐRIௐ6DQௐ'LHJRௐ&$ௐௐௐFRQWUDFWௐXQGHUௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ1$) %ௐௐ&LW\ௐRIௐ6DQௐ'LHJRௐ&$ௐௐௐFRQWUDFWௐXQGHUௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ1$) &ௐ*RYHUQPHQWௐ)OHHWௐ$UWLFOHௐ+LJKOLJKWLQJௐRXUௐWUDQVDFWLRQௐZLWKௐWKHௐ&LW\ௐRIௐ6DQௐ'LHJRௐ&$ௐSURFXULQJௐRYHUௐௐ3ROLFHௐYHKLFOHVௐWKURXJKௐ1$)*ௐ6RXUFHZHOOௐ&RQWUDFWௐ1$) 'ௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ:RUOGௐ$LUSRUWVௐ&$ௐ&RQWUDFWௐIRUௐௐௐXQGHUௐ6RXUFHZHOOௐ&RQWUDFWௐ1$)ௐIRUௐWKHௐSURFXUHPHQWௐRIௐௐYHKLFOHV (ௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ+DUERUௐ&$ௐ&RQWUDFWௐ([WHQVLRQௐWRௐௐௐFRQWUDFWௐXQGHUௐ6RXUFHZHOOௐ &RQWUDFWௐ1$) )ௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ+DUERUௐ&$ௐ&RQWUDFWௐIRUௐௐXQGHUௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ1$) *ௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ+DUERUௐ&$ௐ5HQHZDOௐIRUௐDQRWKHUௐௐௐXQGHUௐ6RXUFHZHOOௐ&RQWUDFWௐ&ODVVௐௐௐDQGௐௐ&RQWUDFWௐ1$) +ௐ&LW\ௐRIௐ&RVWDௐ0HVDௐ&$ௐ&RQWUDFWௐௐXQGHUௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ1$) ,ௐ%ODQNHWௐ&RQWUDFWVௐZLWKௐWKHௐ6WDWHௐRIௐ0DU\ODQGௐ0'ௐRIIௐRXUௐFXUUHQWௐ&ODVVௐௐௐDQGௐௐ&KDVVLVௐ&RQWUDFWௐ1$) -ௐ%ODQNHWௐ&RQWUDFWVௐZLWKௐWKHௐ6WDWHௐRIௐ0DU\ODQGௐ0'ௐRIIௐRXUௐ&XUUHQWௐ6RXUFHZHOOௐ&RQWUDFWௐ1$) :HௐKDYHௐDOVRௐDWWDFKHGௐRXUௐ&RPPLWPHQWௐ/HWWHU¶VௐIRUௐXQSDUDOOHOௐVXSSRUWௐIURPௐOHDGLQJௐQDWLRQDOO\ௐ UHFRJQL]HGௐXSILWௐVXSSOLHUVௐVXFKௐ7KHௐ.QDSKHLGHௐ0DQXIDFWXULQJௐ&RPSDQ\ௐ$ORQJௐZLWKௐUHJLRQDOௐVXSSOLHUVௐVXFKௐDVௐ%UDQGௐ);ௐDQGௐ3KHQL[ௐ7UXFNௐ%RG\ௐORFDWHGௐLQௐ6RXWKHUQௐ&DOLIRUQLDௐVHUYHௐDVௐUHJLRQDOௐVXSSRUWௐORFDWLRQVௐZKRPௐZHௐRIWHQௐZRUNௐDORQJVLGHௐWRௐIXOILOOௐDOOௐPHPEHUௐQHHGVௐZLWKௐSDVWௐSUHVHQWௐDQGௐIXWXUHௐ RUGHUVௐZLWKௐ1$)*ௐ ,QFOXGHGௐDUHௐDOVRௐ8SILWWHUௐ5HFRPPHQGDWLRQௐOHWWHUVௐWRௐLOOXVWUDWHௐKRZௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKDVௐ WDNHQௐDௐSURDFWLYHௐLQWHUHVWௐLQௐEXLOGLQJௐPXWXDOO\ௐEHQHILFLDOௐUHODWLRQVKLSௐZLWKௐRXUௐXSILWWHUVௐ0XWXDOLW\ௐDQGௐUHFLSURFLW\ௐUHODWLRQVKLSVௐEHWZHHQௐERG\ௐFRPSDQLHVௐDQGௐRXUௐGHDOHU¶VௐDUHௐWZRௐRIௐWKHௐNH\ௐFRPSRQHQWVௐ WKDWௐKHOSௐPHPEHUVௐUHFHLYHௐZKDWௐWKH\ௐQHHGௐLQௐDௐVPRRWKௐDQGௐHIILFLHQWௐIDVKLRQௐ ,QௐDGGLWLRQௐWKHௐDGRSWLRQௐRIௐRXUௐ&ODVVௐௐௐDQGௐௐ&RQWUDFWௐIURPௐ$QQHௐ$UXQGHOௐ&RXQW\ௐLQௐWKHௐVWDWHௐRIௐ 0DU\ODQGௐLVௐDVௐDQௐH[DPSOHௐRIௐKRZௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐDWWUDFWVௐDQGௐUHWDLQVௐQHZௐFOLHQWVௐE\ௐ GHPRQVWUDWLQJௐWRௐWKHPௐWKHUH¶VௐDௐEHWWHUௐDQGௐPRUHௐHIILFLHQWௐZD\ௐRIௐILQGLQJௐWXUQNH\ௐVROXWLRQV /DVWO\ௐZHௐKDYHௐDWWDFKHGௐVXSSRUWLQJௐGRFXPHQWVௐWKDWௐKHOSௐHPSKDVL]HௐDQGௐH[HPSOLI\ௐRXUௐJURZWKௐVLQFHௐ RXUௐILUVWௐDZDUGHGௐ6RXUFHZHOOௐ&RQWUDFWௐLQௐௐ:HௐVLQFHUHO\ௐKRSHௐLWௐKHOSVௐSRUWUD\ௐRXUௐFRPPLWPHQWௐWRௐEXLOGLQJௐOLIHORQJௐUDSSRUWௐDQGௐWUXVWௐZLWKௐRXUௐSDUWQHUௐXSILWWHUVௐDQGௐPHPEHUV   :KDWௐLVௐ\RXUௐ86ௐPDUNHWௐVKDUHௐIRUௐWKHௐVROXWLRQVௐWKDWௐ\RXௐDUHௐSURSRVLQJ"ௐ2IௐRXUௐUHVSHFWLYHௐEUDQGVௐDQGௐ2(0¶VௐZHௐUHSUHVHQWௐWKHௐ86ௐPDUNHWௐVKDUHௐLVௐHVWLPDWHGௐWRௐEHௐௐ±ௐ  :KDWௐLVௐ\RXUௐ&DQDGLDQௐPDUNHWௐVKDUHௐIRUௐWKHௐVROXWLRQVௐ WKDWௐ\RXௐDUHௐSURSRVLQJ" ,WௐLVௐGLIILFXOWௐWRௐHVWLPDWHௐWKHௐPDUNHWௐVKDUHௐIRUௐWKHௐEUDQGVௐDQGௐ2(0¶VௐZHௐUHSUHVHQWௐKRZHYHUௐZHௐ HVWLPDWHௐWKDWௐLWௐVKRXOGௐEHௐWKHௐVDPHௐௐௐௐRIௐWKHௐ86ௐVKDUH  +DVௐ\RXUௐEXVLQHVVௐHYHUௐSHWLWLRQHGௐIRUௐEDQNUXSWF\ௐSURWHFWLRQ"ௐ,IௐVRௐH[SODLQௐLQௐGHWDLO1R Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC         +RZௐLVௐ\RXUௐRUJDQL]DWLRQௐEHVWௐGHVFULEHGௐLVௐLWௐDௐPDQXIDFWXUHUௐDௐGLVWULEXWRUGHDOHUUHVHOOHUௐRUௐDௐVHUYLFHௐ SURYLGHU"ௐௐ$QVZHUௐZKLFKHYHUௐTXHVWLRQௐ HLWKHUௐD ௐRUௐE ௐMXVWௐEHORZ ௐEHVWௐDSSOLHVௐWRௐ\RXUௐRUJDQL]DWLRQD ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐ GLVWULEXWRUGHDOHUUHVHOOHUௐ RUௐVLPLODUௐHQWLW\ ௐSURYLGHௐ\RXUௐZULWWHQௐDXWKRUL]DWLRQௐWRௐDFWௐDVௐDௐ GLVWULEXWRUGHDOHUUHVHOOHUௐIRUௐWKHௐPDQXIDFWXUHUௐRIௐWKHௐ SURGXFWVௐSURSRVHGௐLQௐWKLVௐ5)3ௐ,IௐDSSOLFDEOHௐLVௐ\RXUௐGHDOHUௐQHWZRUNௐLQGHSHQGHQWௐRUௐFRPSDQ\ௐRZQHG" E ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐ PDQXIDFWXUHUௐRUௐVHUYLFHௐSURYLGHUௐGHVFULEHௐ\RXUௐUHODWLRQVKLSௐZLWKௐ\RXUௐVDOHVௐDQGௐVHUYLFHௐIRUFHௐDQGௐZLWKௐ \RXUௐGHDOHUௐQHWZRUNௐLQௐGHOLYHULQJௐWKHௐSURGXFWVௐDQGௐ VHUYLFHVௐSURSRVHGௐLQௐWKLVௐ5)3ௐ$UHௐWKHVHௐLQGLYLGXDOVௐ\RXUௐHPSOR\HHVௐRUௐWKHௐHPSOR\HHVௐRIௐDௐWKLUGௐSDUW\" 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐLVௐDௐGHDOHUௐQHWZRUNௐEHVWௐFDWHJRUL]HGௐDVௐ³$´ௐௐ'LVWULEXWHU'HDOHU5HVHOOHUௐDQGௐ'HDOHUௐ3DUWQHUௐIRUௐ  ௐ2(0ௐ0DQXIDFWXUHUVௐLQFOXGLQJௐ)RUGௐ0RWRUௐ&RPSDQ\ௐ&KHYUROHWௐ5$0ௐ *0&ௐ%XLFNௐ&KU\VOHUௐ'RGJHௐ-HHSௐ7R\RWDௐ1LVVDQௐ.,$ௐ%0:ௐ+RQGDௐ&DGLOODFௐDQGௐ9RONVZDJHQௐ$OOௐRUGHUVௐDUHௐSODFHGௐZLWKௐWKHௐIUDQFKLVHGௐGHDOHUௐDQGௐXOWLPDWHO\ௐWLWOHGௐGLUHFWO\ௐWRௐWKHௐPHPEHUௐ$OOௐDSSURSULDWHௐFHUWLILFDWLRQௐFHUWLILFDWHVௐDQGௐDXWKRUL]HGௐ'09)DFWRU\ௐOLFHQVHVௐPD\ௐEHௐIRXQGௐLQௐWKHௐ³5HODWHGௐ &HUWLILFDWLRQ´ௐVHFWLRQௐXSORDGHGௐWRௐWKLVௐ5)3ௐ,WௐVKRXOGௐEHௐQRWHGௐZHௐGRௐQRWௐVHOOௐXVHGௐHTXLSPHQWௐWRௐPHPEHUV   ,IௐDSSOLFDEOHௐSURYLGHௐDௐGHWDLOHGௐH[SODQDWLRQௐRXWOLQLQJௐWKHௐOLFHQVHVௐDQGௐFHUWLILFDWLRQVௐWKDWௐDUHௐERWKௐUHTXLUHGௐWRௐEHௐKHOGௐDQGௐDFWXDOO\ௐKHOGௐE\ௐ\RXUௐRUJDQL]DWLRQௐ LQFOXGLQJௐWKLUGௐSDUWLHVௐDQGௐVXEFRQWUDFWRUVௐWKDWௐ\RXௐXVH ௐLQௐSXUVXLWௐRIௐWKHௐEXVLQHVVௐFRQWHPSODWHGௐE\ௐWKLVௐ5)3 5HTXLUHGௐOLFHQVHVௐLQFOXGHௐDௐ'HDOHU¶Vௐ/LFHQVHௐDௐ)UDQFKLVHௐLVVXHGௐE\ௐWKHௐ0DQXIDFWXUHௐDௐ'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHVௐ/LFHQVHௐDVௐZHOOௐDVௐDௐ5HVHOOHU¶VௐSHUPLWௐOLFHQVHௐ$OOௐZKLFKௐ1$)*ௐDQGௐ'HDOHUௐ3DUWQHU¶VௐKROGௐ3OHDVHௐUHYLHZௐRXUௐDWWDFKPHQWௐGRFXPHQWVௐLQௐVHFWLRQௐ³5HODWHGௐ&HUWLILFDWLRQ´ௐIRUௐOLFHQVHVௐ WKDWௐZHௐHLWKHUௐVROHO\ௐRZQௐRUௐDUHௐMRLQWO\ௐRZQHGௐE\ௐRXUௐSDUWQHUௐGHDOHUVௐWKDWௐSHUWDLQௐWRௐWKLVௐ5)3ௐ$ௐOLVWௐRIௐDOOௐRXUௐOLFHQVHVௐDUHௐEHORZௐVRPHௐRIௐZKLFKௐPD\ௐQRWௐSHUWDLQௐWRௐFODVVௐௐEXWௐWRௐFODVVௐௐ &$ௐ&HUWLILFDWHௐRIௐ*RRGௐ6WDQGLQJௐ6WDWHௐRIௐ)ORULGDௐ/LFHQVHௐ&HUWLILFDWHVௐ9) 9)9) 9) 9)9) 9) 9)9) 9) 9)&$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐ &$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐ 'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐ1XPEHUௐ'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐ1XPEHUௐ 'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐ1XPEHUௐ%XUHDXௐRIௐ$XWRPRWLYHௐUHSDLUௐ5HJLVWUDWLRQௐௐ$5'ௐ&$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐ &LW\ௐRIௐ:DWVRQYLOOHௐ%XVLQHVVௐ/LFHQVHௐ1XPEHUௐ&LW\ௐRIௐ:DWVRQYLOOHௐ%XVLQHVVௐ/LFHQVHௐ1XPEHUௐ)LFWLWLRXVௐ%XVLQHVVௐ1DPHVௐIURPௐ6DQWDௐ&UX]ௐ&RXQW\ௐIRUௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐ)%1ௐ &DOLIRUQLDௐ*HQHUDOௐ5HVDOHௐ&HUWLILFDWHௐ'XQௐ ௐ%UDGVWUHHWௐ1XPEHUௐ*RYHUQPHQWௐRIௐ7KHௐ'LVWULFWௐRIௐ&ROXPELDௐ&HUWLILFDWH *RYHUQPHQWௐRIௐWKHௐ'LVWULFWௐRIௐ&ROXPELDௐ7D[ௐ5HJLVWUDWLRQௐௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ7D[ௐ5HJLVWUDWLRQௐ *RYHUQPHQWௐRIௐ7KHௐ'LVWULFWௐRIௐ&ROXPELDௐ&/($1ௐ+$1'6ௐ&(57,),&$7,21 6DQௐ'LHJRௐ)UHLJKWOLQHUௐ6HOOHU¶Vௐ3HUPLW&RPPRQZHDOWKௐRIௐ9LUJLQLDௐ6WDWHௐ&RUSRUDWLRQௐ&RPPLVVLRQௐ&HUWLILFDWHௐ 6WDWHௐRIௐ0DU\ODQGௐ*RRGௐ6WDQGLQJௐ&HUWLILFDWHௐ .DQVDVௐ'HSDUWPHQWௐRIௐ5HYHQXHௐIRUௐ.DQVDVௐ&LW\ௐ3HWHUELOW1HZௐ-HUVH\ௐ'HSDUWPHQWௐRIௐ7UHDVXU\ௐ5HJLVWUDWLRQௐ&HUWLILFDWH 1HZௐ-HUVH\ௐ%XVLQHVVௐ5HJLVWUDWLRQௐ 1RWLFHௐRIௐ&RPSOLDQFHௐRIௐWKHௐ&DQWRQௐ&LW\ௐ&RGLILHGௐ2UGLQDQFHௐ(PSOR\HHௐ,QIRUPDWLRQௐ5HSRUWௐIRUௐWKHௐ6WDWHௐRIௐ1HZௐ-HUVH\ௐ 6WDWHௐRIௐ0DU\ODQGௐ1HZௐ6DOHVௐDQGௐ8VHௐWD[ௐ/LFHQVHௐ &$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐௐ6RXWKௐ&DUROLQDௐ'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHVௐ/LFHQVHௐ1XPEHUௐ 6WDWHௐRIௐ6RXWKௐ&DUROLQDௐ5HWDLOௐ/LFHQVHௐ&RPPRQZHDOWKௐRIௐ.HQWXFN\ௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐௐௐ6WDWHௐRIௐ:HVWௐ9LUJLQLDௐ'HDOHUௐ/LFHQVHௐ &RPPRQZHDOWKௐRIௐ.HQWXFN\ௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐௐௐ6WDWHௐRIௐ7HQQHVVHHௐ9HKLFOHௐ'HDOHUௐ/LFHQVH   3URYLGHௐDOOௐ³6XVSHQVLRQௐRUௐ'HEDUPHQW´ௐLQIRUPDWLRQௐWKDWௐ KDVௐDSSOLHGௐWRௐ\RXUௐRUJDQL]DWLRQௐGXULQJௐWKHௐSDVWௐWHQௐ\HDUV 1RWௐ$SSOLFDEOHௐQRQH Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC        7DEOH,QGXVWU\5HFRJQLWLRQ 0DUNHWSODFH6XFFHVV /LQH,WHP 4XHVWLRQ 5HVSRQVH  'HVFULEHௐDQ\ௐUHOHYDQWௐLQGXVWU\ௐDZDUGVௐRUௐUHFRJQLWLRQௐ WKDWௐ\RXUௐFRPSDQ\ௐKDVௐUHFHLYHGௐLQௐWKHௐSDVWௐILYHௐ\HDUV 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS¶VௐUHFHLYHGௐLWVௐPRVWௐSUHVWLJLRXVௐDZDUGௐIRUௐ7RSௐ3ODFHPHQWௐZLWKLQௐ)RUGௐ0RWRUௐ &RPSDQ\ௐDVௐWKHௐOHDGLQJௐGHDOHUVKLSௐLQௐ*RYHUQPHQWௐ6DOHVௐ,QௐDGGLWLRQௐRXUௐ&KHYUROHWௐEUDQGௐZDVௐKLJKO\ௐ UDQNHGௐDQGௐKRQRUHGௐௐFRQVHFXWLYHௐ\HDUVௐE\ௐ*HQHUDOௐ0RWRUV   :KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐ JRYHUQPHQWDOௐVHFWRUௐLQௐWKHௐSDVWௐWKUHHௐ\HDUV :LWKLQௐRXUௐIOHHWௐGLYLVLRQௐௐRIௐRXUௐFRQWUDFWVௐZLWKLQௐWKHௐSDVWௐWKUHHௐ\HDUVௐKDYHௐEHHQௐZLWKௐJRYHUQPHQWௐ DFFRXQWV  :KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐHGXFDWLRQௐVHFWRUௐLQௐWKHௐSDVWௐWKUHHௐ\HDUV :LWKLQௐWKHௐSDVWௐௐ\HDUVௐௐRIௐRXUௐVDOHVௐKDYHௐEHHQௐWRௐJRYHUQPHQWௐDFFRXQWVௐௐRIௐZKLFKௐDUHௐZLWKLQௐWKHௐHGXFDWLRQௐVHFWRU  /LVWௐDQ\ௐVWDWHௐSURYLQFLDOௐRUௐFRRSHUDWLYHௐSXUFKDVLQJௐFRQWUDFWVௐWKDWௐ\RXௐKROGௐ:KDWௐLVௐWKHௐDQQXDOௐVDOHVௐ YROXPHௐIRUௐHDFKௐRIௐWKHVHௐFRQWUDFWVௐRYHUௐWKHௐSDVWௐWKUHHௐ \HDUV" :HௐKROGௐWKHௐ6WDWHௐRIௐ&DOLIRUQLDௐFRQWUDFWௐZLWKௐYROXPHVௐIURPௐௐWRௐௐXQLWVௐDௐ\HDUௐRYHUௐWKHௐSDVWௐWKUHHௐ\HDUVௐ,QௐDGGLWLRQௐRXUௐ6RXUFHZHOOௐ&RQWUDFW¶VௐௐௐDQGௐௐWKDWௐZHௐKDYHௐ PDLQWDLQHGௐRYHUௐWKHௐSDVWௐWKUHHௐ\HDUVௐKDVௐVROGௐFRPELQHGௐQRUWKௐRIௐௐPLOOLRQௐRIௐ&RPELQHGௐ4XDUWHUO\ௐ 6DOHV   /LVWௐDQ\ௐ*6$ௐFRQWUDFWVௐRUௐ6WDQGLQJௐ2IIHUVௐDQGௐ6XSSO\ௐ $UUDQJHPHQWVௐ 626$ ௐWKDWௐ\RXௐKROGௐ:KDWௐLVௐWKHௐ DQQXDOௐVDOHVௐYROXPHௐIRUௐHDFKௐRIௐWKHVHௐFRQWUDFWVௐRYHUௐWKHௐSDVWௐWKUHHௐ\HDUV" 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS¶VௐIRFXVௐOLHVௐRQௐWKHௐ6RXUFHZHOOௐ&RQWUDFWௐ1$)*ௐKROGVௐQRௐRWKHUௐ*6$ௐ FRQWUDFWௐ6WDQGLQJௐ2IIHUVௐRUௐ6XSSO\ௐ$UUDQJHPHQWVௐRWKHUௐWKDQௐWKHௐ6WDWHௐRIௐ&DOLIRUQLDௐFRQWUDFWௐௐ2XUௐ DQQXDOௐVDOHVௐYROXPHௐLVௐHVWLPDWHGௐWRௐEHௐQRUWKௐRIௐௐPLOOLRQ 7DEOH5HIHUHQFHV7HVWLPRQLDOV /LQH,WHP6XSSO\UHIHUHQFHLQIRUPDWLRQIURPWKUHHFXVWRPHUVZKRDUHHOLJLEOHWREH6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHV (QWLW\1DPH &RQWDFW1DPH 3KRQH1XPEHU 3RUWௐRIௐ/RVௐ$QJHOHVௐ&$ 0Uௐ'DYHௐ&RPHU  &RXQW\ௐRIௐ9HQWXUHௐ&$ 0Uௐ-RUJHௐ%QLOOD  &LW\ௐRIௐ$XVWLQௐ7; 0Uௐ0DWWௐ6DJHU  &RXQW\ௐRIௐ6DQௐ-RDTXLQௐ&$ 0Uௐ'DYLGௐ0\HUV  &LW\ௐRIௐ3DORௐ$OWRௐ&$ 0Vௐ'DQLWUDௐ%DKOPDQ  7DEOH7RS)LYH*RYHUQPHQWRU(GXFDWLRQ&XVWRPHUV /LQH,WHP3URYLGHDOLVWRI\RXUWRSILYHJRYHUQPHQWHGXFDWLRQRUQRQSURILWFXVWRPHUV HQWLW\QDPHLVRSWLRQDO LQFOXGLQJHQWLW\W\SHWKHVWDWHRUSURYLQFHWKH HQWLW\LVORFDWHGLQVFRSHRIWKHSURMHFW V VL]HRIWUDQVDFWLRQ V DQGGROODUYROXPHVIURPWKHSDVWWKUHH\HDUV (QWLW\1DPH (QWLW\7\SH 6WDWH3URYLQFH 6FRSHRI:RUN 6L]HRI7UDQVDFWLRQV 'ROODU9ROXPH3DVW7KUHH <HDUV &LW\ௐRIௐ$XVWLQ *RYHUQPHQW 7H[DV7; 3XUFKDVHU ௐ9HKLFOHVௐDWௐRQFHௐ9DQVௐ DQGௐ689V 2YHUௐ0  /RVௐ$QJHOHVௐ 'HSDUWPHQWௐRIௐ :DWHUௐDQGௐ3RZHU *RYHUQPHQW &DOLIRUQLD&$ 3XUFKDVHU 2YHUௐௐ9HKLFOHVௐ9DQVௐDQGௐ 689V 2YHUௐ0  3RUWௐRIௐ/RVௐ $QJHOHV *RYHUQPHQW &DOLIRUQLD&$ 3XUFKDVHU 2YHUௐௐ7UXFNVௐ9DQVௐDQGௐ689V 2YHUௐ0  $QQHௐ$UXQGHOௐ&RXQW\*RYHUQPHQW 0DU\ODQG0' 3XUFKDVHU 2YHUௐௐ7UXFNVௐ9DQVௐDQGௐ689V 2YHUௐ0  &LW\ௐRIௐ6DQௐ'LHJR *RYHUQPHQW &DOLIRUQLD&$ 3XUFKDVHU 2YHUௐௐ7UXFNVௐ9DQVௐ689 2YHUௐ0  7DEOH$ELOLW\WR6HOODQG'HOLYHU6HUYLFH 'HVFULEH\RXUFRPSDQ\¶VFDSDELOLW\WRPHHWWKHQHHGVRI6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHVDFURVVWKH86DQG&DQDGDDVDSSOLFDEOH<RXUUHVSRQVHVKRXOGDGGUHVV LQGHWDLODWOHDVWWKHIROORZLQJDUHDVORFDWLRQVRI\RXUQHWZRUNRIVDOHVDQGVHUYLFHSURYLGHUVWKHQXPEHURIZRUNHUV IXOOWLPHHTXLYDOHQWV LQYROYHGLQHDFKVHFWRU ZKHWKHUWKHVHZRUNHUVDUH\RXUGLUHFWHPSOR\HHV RUHPSOR\HHVRIDWKLUGSDUW\ DQGDQ\RYHUODSEHWZHHQWKHVDOHVDQGVHUYLFHIXQFWLRQV /LQH ,WHP 4XHVWLRQ 5HVSRQVH  6DOHVௐIRUFH 2XUௐVDOHVௐIRUFHௐFRQVLVWVௐRIௐGLUHFWௐDQGௐDQௐLQGLUHFWௐVDOHVௐIRUFHௐ2XUௐGLUHFWௐVDOHVௐIRUFHௐFRQVLVWVௐRIௐGLUHFWௐ HPSOR\HHVௐDQGௐSDUWQHUௐGHDOHUVௐZKLFKௐH[FHHGVௐDQௐHPSOR\HHௐFRXQWௐRIௐௐSHUVRQQHOௐERWKௐIXOOௐWLPHௐDQGௐSDUWௐWLPHௐ0DQ\ௐRIௐRXUௐVDOHVௐIRUFHௐDUHௐVSUHDGௐDFURVVௐWKHௐ86ௐDQGௐZHௐOHYHUDJHௐRXUௐUHODWLRQVKLSVௐZLWKௐ RXUௐODUJHUௐFODVVௐGHDOHUVKLSVௐWRௐVHUYLFHௐWKHௐPHPEHUVௐORZHUௐFODVVௐYHKLFOHௐQHHGVௐDVௐZHOOௐ$ௐFURVVௐVDOHVௐ IRUFHௐ7KHVHௐLQGLYLGXDOVௐKHOSௐVXSSRUWௐRXUௐGHDOHUVKLSVௐDQGௐ1$)*ௐ)OHHWௐ'LYLVLRQௐGLUHFWO\ௐ2QௐWKHௐRWKHUௐKDQGௐRXUௐLQGLUHFWௐVDOHVௐIRUFHௐPDGHௐXSௐRIௐXSILWWHUVௐDQGௐSDUWQHUௐVXSSOLHUVௐFRQVLVWVௐRIௐRYHUௐௐSHUVRQQHOௐ ZLWKௐRXUௐSDUWQHUௐQHWZRUNௐDQGௐVDOHVௐIRUFHௐJURZLQJௐDQQXDOO\ௐ :LWKௐERWKௐGLUHFWௐDQGௐLQGLUHFWௐVDOHVௐIRUFHௐVWDIIௐZRUNLQJௐWRJHWKHUௐ1$)*ௐKDVௐEHHQௐDEOHௐWRௐVXFFHVVIXOO\ௐ JURZௐPDLQWDLQௐDQGௐVHUYLFHௐWKHௐGHPDQGௐRIௐWKHௐPHPEHUVௐ$VௐWKHௐQXPEHUௐRIௐ\RXUௐPHPEHUVௐJURZௐZHௐZLOOௐ FRQWLQXRXVO\ௐZHOFRPHௐPRUHௐVWDIIௐWRௐQRWௐRQO\ௐPHHWௐFXVWRPHUௐGHPDQGௐEXWௐDOVRௐWRௐH[FHHGௐFXVWRPHUௐH[SHFWDWLRQV  Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC         'HDOHUௐQHWZRUNௐRUௐRWKHUௐGLVWULEXWLRQௐPHWKRGV 2XUௐIUDQFKLVHௐQHWZRUNௐLQௐ&DQDGDௐDQGௐWKHௐ86ௐLVௐIRUWXQDWHO\ௐVHFRQGௐWRௐQRQHௐ2XUௐௐSURSRVHGௐ2(06ௐSUHYLRXVO\ௐPHQWLRQHGௐDOOௐRIௐZKLFKௐKDYHௐHVWDEOLVKHGௐDௐSUHVHQFHௐQDWLRQZLGHௐZLWKௐIDFWRU\ௐVWRUHVௐ VWUDWHJLFDOO\ௐSODFHGௐZKHUHௐDOOௐPHPEHUVௐFDQௐUHFHLYHௐVHUYLFHௐDQGௐFRPSOHWHௐZDUUDQW\ௐUHSDLUVௐZLWKௐWKHLUௐUHVSHFWLYHௐSURGXFWV ௐ6LPSOHௐSXWௐWKHௐ1RUWKௐ$PHULFDQௐDQGௐ&DQDGLDQௐDXWRPRELOHௐVXSSO\ௐFKDLQௐQHWZRUNௐLVௐRQHௐRIௐWKHௐEHVWௐLQௐWKHௐZRUOGௐ2IௐWKHௐௐEUDQGVௐZHௐUHSUHVHQWௐWKHௐ2(0VௐKDYHௐSXWௐLQௐSODFHௐDௐGHDOHUௐQHWZRUNௐDFURVVௐDOOௐௐ VWDWHVௐWKDWௐZLOOௐDOORZௐXVௐWRௐEHVWௐVHUYHௐDOOௐPHPEHUV   6HUYLFHௐIRUFH 7KHௐௐPDQXIDFWXUHVௐZHௐUHSUHVHQWௐKDYHௐWKRXVDQGVௐRIௐVHUYLFHௐORFDWLRQVௐWKDWௐZRXOGௐEHௐHDVLO\ௐDFFHVVLEOHௐWRௐDOOௐ\RXUௐPHPEHUVௐ6HUYLFHௐFHQWHUVௐDQGௐZDUUDQW\ௐUHSDLUௐIDFLOLWLHVௐIRUௐDOOௐௐ2(0VௐDUHௐDPSOHௐDQGௐ UHDG\ௐWRௐKHOSௐVHUYLFHௐRXUௐPHPEHUVௐDQGௐWKHLUௐQHHGVௐ+RZHYHUௐ$ODVNDௐDQGௐ+DZDLLௐPD\ௐEHௐH[FHSWLRQVௐ DVௐWKH\ௐPD\ௐKDYHௐIDUWKHUௐGLVWDQFHVௐEHWZHHQௐIUDQFKLVHVௐZKHUHௐPHPEHUVௐFDQௐXWLOL]HௐWKHௐUHSDLUௐVHUYLFHV   'HVFULEHௐWKHௐRUGHULQJௐSURFHVVௐ,IௐRUGHUVௐZLOOௐEHௐ KDQGOHGௐE\ௐGLVWULEXWRUVௐGHDOHUVௐRUௐRWKHUVௐH[SODLQௐWKHௐUHVSHFWLYHௐUROHVௐRIௐWKHௐ3URSRVHUௐDQGௐRWKHUV 7KHௐPHPEHUௐPD\ௐRUGHUௐWKHLUௐYHKLFOHVௐE\ௐQDYLJDWLQJௐWRௐRXUௐZHEVLWHௐZZZ1DWLRQDO$XWR)OHHW*URXSFRPௐ DQGௐJRLQJௐWKURXJKௐWKHௐVWHSE\VWHSௐSURFHVVௐWRௐJHQHUDWHௐDQௐRQOLQHௐTXRWHௐRUௐE\ௐFDOOLQJௐRQHௐRIௐRXUௐUHSUHVHQWDWLYHVௐDWௐௐRUௐE\ௐVHQGLQJௐ1$)*ௐDQௐHPDLOௐDWௐ)OHHW#1DWLRQDO$XWR)OHHW*URXSFRPௐ2UGHUVௐDUHௐWKHQௐSURFHVVHGௐGLUHFWO\ௐWRௐWKHௐPDQXIDFWXUHUௐZKRௐZLOOௐZRUNௐWRௐVXSSO\ௐWKHௐYHKLFOHௐWRௐWKHௐVKLS WRௐORFDWLRQௐIRUௐXSILWWLQLJௐRUௐHQGௐXVHUௐGHVLUHGௐGHOLYHU\ௐORFDWLRQ   'HVFULEHௐLQௐGHWDLOௐWKHௐSURFHVVௐDQGௐSURFHGXUHௐRIௐ\RXUௐFXVWRPHUௐVHUYLFHௐSURJUDPௐLIௐDSSOLFDEOHௐௐ ,QFOXGHௐ\RXUௐUHVSRQVHWLPHௐFDSDELOLWLHVௐDQGௐFRPPLWPHQWVௐDVௐZHOOௐDVௐDQ\ௐLQFHQWLYHVௐWKDWௐKHOSௐ\RXUௐSURYLGHUVௐPHHWௐ\RXUௐVWDWHGௐVHUYLFHௐJRDOVௐRUௐ SURPLVHV 7RௐEHVWௐGHPRQVWUDWHௐRXUௐ&XVWRPHUௐ6HUYLFHௐSURJUDPௐNLQGO\ௐUHIHUHQFHௐWKHௐ=,3ௐILOHௐ³0HPEHUௐ:DONௐ7KURXJK´ௐWKDWௐLVௐDWWDFKHGௐLQௐWKHௐ$GGLWLRQDOௐ'RFXPHQWVௐIROGHUௐ3OHDVHௐEHJLQௐZLWKௐDQGௐUHYLHZௐLQௐRUGHUௐWKDWௐ LVௐH[SODLQHGௐEHORZௐ +RZௐ0HPEHUVௐ&DQௐ*HWௐ4XRWHVௐ2QOLQHௐௐ$ௐPHPEHUௐFDQௐREWDLQௐPRVWௐTXRWHVௐE\ௐYLVLWLQJௐRXUௐZHEVLWHௐ ZZZ1DWLRQDO$XWR)OHHW*URXSFRPௐZKHUHௐDௐVLPSOHௐRQHௐVWHSௐIRUPௐLVௐQHHGHGௐIRUௐUHJLVWUDWLRQௐ7KLVௐLVௐWRௐSURWHFWௐWKHௐSULFHௐLQIRUPDWLRQௐIURPௐQRQPHPEHUVௐ2QFHௐDௐPHPEHUௐUHJLVWHUVௐWKH\ௐZLOOௐUHFHLYHௐDQௐ DXWRPDWHGௐZHOFRPHௐHPDLOௐZLWKௐDௐGHPRௐYLGHRௐRQௐKRZௐWRௐXVHௐRXUௐVLWHௐ0HPEHUVௐZLOOௐJDLQௐDFFHVVௐWRௐ WKHUHௐYHU\ௐRZQௐGDVKERDUGௐZKLFKௐZLOOௐKRXVHௐDOOௐWKHUHௐTXRWHVௐLQௐRQHௐVDIHௐVHFXUHௐORJLQௐ0HPEHU¶VௐFDQௐVHOHFWௐZKLFKௐEUDQGௐWKH\ௐDUHௐORRNLQJௐIRUௐDQGௐPRGHOௐ\HDUௐ2XUௐVLWHௐVKRZVௐDOOௐWKHௐFDWHJRULHVௐWKHௐEUDQGௐ RIIHUVௐVXFKௐDVௐ&DUVௐ9DQVௐ689¶Vௐ7UXFNVௐDQGௐ&KDVVLVௐ&DEVௐ0HPEHUVௐZLOOௐWKHQௐEHௐDEOHௐWRௐGULOOௐGRZQௐ IRUௐWKHௐULJKWௐVHOHFWLRQௐE\ௐSLFNLQJௐIURPௐWKHௐILOWHUௐPHQXௐRIௐZKDWௐFDEௐWKHUHௐORRNLQJௐIRUௐ 5HJXODUௐ([WHQGHGௐRUௐ&UHZ ௐWRௐௐZKHHOௐRUௐௐZKHHOௐGULYHௐGRZQௐWRௐWKHௐEHGௐOHQJWKௐWKHUHௐORRNLQJௐIRUௐௐ$OOௐIDFWRU\ௐRSWLRQVௐDUHௐ WKHQௐSUHVHQWHGௐIRUௐWKHௐPHPEHUௐWRௐVHOHFWௐIURPௐWKLVௐZLOOௐVKRZௐDOOௐFXUUHQWௐIDFWRU\ௐRUGHUDEOHௐRSWLRQVௐWDNLQJௐ WKHௐJXHVVௐZRUNௐRXWௐIRUௐWKHௐPHPEHUௐ2QFHௐDௐPHPEHUௐVHOHFWVௐDௐGHVLUHௐEXLOGௐWKH\ௐZLOOௐVHHௐWKHUHௐ6RXUFHZHOOௐ3ULFHௐUHSRUWௐVKRZLQJௐWKHௐ0653ௐWKHUHௐFRQWUDFWௐSULFHௐWKHௐVDYLQJௐLQௐUHDOௐGROODUVௐDQGௐDVௐDௐ SHUFHQWDJHௐ,QௐWKHௐ3')ௐH[DPSOHௐ\RXௐFDQௐVHHௐDௐVDYLQJௐRIௐௐௐRIௐௐWRௐWKHௐPHPEHUௐ VKRZLQJௐDௐVLJQLILFDQWௐVDYLQJVௐ0HPEHUVௐWKHQௐFDQௐFKRVHௐWRௐDGGௐH[WUD¶VௐWRௐWKHUHௐRUGHUௐOLNHௐH[WUDௐNH\V¶ௐVHUYLFHௐPDQXDOVௐVDOHVௐWD[ௐDQGௐHYHQௐUHTXHVWௐDQௐXSILWௐWRௐEHௐDGGHGௐWRௐWKHUHௐTXRWHௐ/DVWO\ௐWKH\ௐZLOOௐEHௐ JLYHQௐDௐFRPSOHWHௐWXUQௐNH\ௐTXRWHௐSDFNDJHௐWRௐSULQWௐZKLFKௐZLOOௐLQFOXGHௐWKHUHௐFXVWRPL]HGௐ4XRWHௐ,'ௐ'HVFULSWLRQௐDQGௐ6SHFLILFDWLRQVௐRIௐZKDWௐWKH\ௐEXLOWௐௐௐ +RZௐ0HPEHUVௐDQGௐ8SILWWHUVௐFDQௐ3DUWQHUௐZLWKௐ1$)*ௐ2XUௐGHGLFDWHGௐZHEVLWHௐZZZ1$)*3DUWQHUFRPௐZDVௐEXLOWௐWRௐDFFRPPRGDWHௐWKHௐPHPEHUௐZKRௐZRXOGௐOLNHௐDௐFHUWDLQௐXSILWWHUௐWRௐXSILWௐWKHUHௐYHKLFOHVௐ,WௐZDVௐDOVRௐEXLOWௐIRUௐXSILWWHUVௐWRௐKDYHௐDௐSODFHௐWRௐJRௐZKHUHௐWKH\ௐFDQௐILQGௐLQIRUPDWLRQௐRQௐKRZௐWRௐSDUWQHUௐZLWKௐ1$)*ௐ WRௐEHWWHUௐVHUYHௐWKHUHௐORFDOௐPHPEHUVௐ([DPSOHௐRIௐ$ௐ0HPEHUௐZLWKௐ8SILWௐ4XRWHௐ7KLVௐLVௐDQௐH[DPSOHௐRIௐKRZௐZHௐXVHௐRXUௐ&DEௐ&KDVVLVௐDQGௐFRPELQHௐWKHPௐZLWKௐDQௐXSILWௐWRௐSURYLGHௐDௐWXUQNH\ௐVROXWLRQௐIRUௐWKHௐPHPEHUௐLQௐDௐVLPSOHௐWRௐIROORZௐIRUPDWௐ (7$ௐ6\VWHPௐIRUௐ0HPEHUVௐ:DONௐ7KURXJKௐ7KLVௐLVௐZKHUHௐPHPEHUVௐFDQௐHDVLO\ௐFRPHௐWRௐRXUௐZHEVLWHௐWKHௐ VDPHௐZHEVLWHௐWKH\ௐEXLOWௐWKHUHௐFKDVVLVௐRQௐDQGௐWUDFNௐWKHUHௐRUGHUௐOLNHௐWKH\ௐZRXOGௐDௐ836ௐSDFNDJHௐ:Hௐ KDYHௐDௐYHU\ௐVLPSOHௐGLVSOD\ௐRQௐRXUௐKRPHSDJHௐ³7UDFNௐ\RXUௐRUGHU´ௐZKHUHௐPHPEHUVௐFDQௐHQWHUௐRQHௐRIௐWKHௐIROORZLQJௐ3XUFKDVHௐ2UGHUௐ1XPEHUௐ4XRWHௐ,'ௐ8SILWௐ4XRWHௐ,'ௐRUௐYLQௐWRௐHDVLO\ௐVHHௐWKHUHௐLQௐWKHௐSURFHVVௐ WKHUHௐSDUWLFXODUௐRUGHUௐLVௐLQௐ &RXUWHV\ௐ&RQILUPDWLRQௐ([SODLQHGௐ$IWHUௐ1$)*ௐUHFHLYHVௐDQௐRUGHUௐIURPௐDௐ0HPEHUௐZHௐDOZD\VௐOLNHௐWRௐ VHQGௐWKHPௐDௐ&RXUWHV\ௐ&RQILUPDWLRQௐ7KLVௐLVௐZHUHௐWKHௐPHPEHUௐZLOOௐGRXEOHௐFKHFNௐVRPHௐSDUWLFXODUVௐRQௐ WKHUHௐRUGHUௐOLNHௐ&RORUௐ4XDQWLW\ௐ8SILWௐDQGௐ6SHFLILFDWLRQ¶VௐDUHௐDOOௐFRUUHFWௐEHIRUHௐRUGHUௐSODFHPHQWௐௐ:HௐDOVRௐOLNHௐWRௐDVNௐIRUௐWLWOHௐLQIRUPDWLRQௐDWௐWKLVௐSRLQWௐVRௐZHௐFDQௐKHOSௐSURFHVVௐWKHௐSDSHUZRUNௐDWௐGHOLYHU\ௐ SURPSWO\ ௐௐ)DFWRU\ௐ2UGHUௐ&XWௐ2IIௐ1RWLFHVௐ+HUHௐLVௐZHUHௐZHௐOLNHௐWRௐKLJKOLJKWௐZHUHௐPHPEHUVௐFDQௐDFFHVVௐDQ\ௐ XSFRPLQJௐIDFWRU\ௐRUGHUௐFXWௐRIIௐGDWHVௐ:HௐZDONௐWKHPௐWKURXJKௐWKHௐSURFHVVௐVWHSௐE\ௐVWHSௐWRௐHQVXUHௐHYHU\RQHௐNQRZVௐWKHௐXSFRPLQJௐRUGHUௐFXWௐRIIௐGDWHௐZHௐHYHQௐSULQWௐWKLVௐLQIRUPDWLRQௐ LIௐNQRZQௐDWௐWKHௐWLPH ௐULJKWௐRQௐWKHௐFRYHUௐSDJHௐRIௐWKHUHௐTXRWHVௐ 9DOLGDWLRQௐ:DONௐ7KURXJKௐ([DPSOHௐ7RௐGHPRQVWUDWHௐDௐSULFHௐYDOLGDWLRQௐZHௐVKRZௐZKDWௐDௐPHPEHUௐZRXOGௐVHHௐZKHQௐWKH\ௐEXLOGௐDௐWUXFNௐRQௐRXUௐVLWHௐ$WௐFKHFNௐRXWௐWKHௐPHPEHUௐZRXOGௐVHHௐWKHௐ7RWDOௐ&RQILJXUHGௐ 0653ௐRIௐௐௐ$ௐ6RXUFHZHOOௐ3ULFHௐRIௐௐௐ7RWDOௐ6DYLQJௐRIௐௐௐRUௐௐIRUௐDௐௐ)ௐIROORZHGௐE\ௐWKHௐSULFLQJௐSDJHௐZKLFKௐVKRZVௐWKHௐ0LQLPXPௐ'LVFRXQWௐRIௐDWௐOHDVWௐௐ$Vௐ\RXௐVHHௐZHௐSURYLGHGௐDQௐDGGLWLRQDOௐௐGLVFRXQWௐRQௐWRSௐRIௐWKHௐௐFRQWUDFWௐGLVFRXQWௐ7KLVௐZRXOGௐEHௐ WKHௐFDVHௐLQௐPRVWௐLQVWDQFHV   'HVFULEHௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐSURYLGHௐ\RXUௐ SURGXFWVௐDQGௐVHUYLFHVௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐ HQWLWLHVௐLQௐWKHௐ8QLWHGௐ6WDWHV 2XUௐZLOOLQJQHVVௐDQGௐDELOLW\ௐWRௐVHUYLFHௐPHPEHUVௐQDWLRQZLGHௐLVௐXQSDUDOOHOHGௐ:HௐKDYHௐGHGLFDWHGௐVWDIIௐௐ GD\VௐDௐZHHNௐIURPௐDPௐWRௐSPௐVWDQGLQJௐE\ௐUHDG\ௐWRௐDVVLVWௐDQ\ௐPHPEHUௐKHOSௐILQGௐWKHௐEHVWௐVROXWLRQௐIRUௐ WKHUHௐQHHGVௐHYHQௐLIௐKHOSLQJௐDVVLVWௐWKHPௐWRௐWKHௐEHVWௐ6RXUFHZHOOௐ&RQWUDFWௐWKDWௐFRXOGௐEHௐDௐVROXWLRQௐ:HௐKDYHௐDௐGHGLFDWHGௐOLYHௐFKDWௐIHDWXUHௐRQௐRXUௐRQOLQHௐTXRWHௐJHQHUDWLQJௐZHEVLWHௐLQௐFDVHௐDQ\ௐPHPEHUௐKDVௐ DQ\ௐWURXEOHௐDWௐDOOௐLQௐEXLOGLQJௐWKHUHௐTXRWHVௐ1$)*ௐKDVௐHVWDEOLVKHGௐDௐFKDLQௐRIௐVXSSOLHUVௐZKRௐDUHௐDWௐWKHௐ UHDG\ௐWRௐVHUYHௐLIௐFDOOHGௐXSRQௐE\ௐDQ\ௐPHPEHUௐ:HௐDUHௐKHUHௐWRௐKHOS   'HVFULEHௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐSURYLGHௐ\RXUௐ SURGXFWVௐDQGௐVHUYLFHVௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐ&DQDGD :HௐDUHௐZLOOLQJௐDQGௐHDJHUௐWRௐVRRQௐH[WHQGௐRXUௐEXVLQHVVௐPRGHOௐDQGௐQHWZRUNௐLQWRௐ&DQDGDௐ:HௐEHOLHYHௐ SDUWQHULQJௐZLWKௐORFDOௐ&DQDGLDQௐEDVHGௐGHDOHUௐJURXSVௐLVௐNH\ௐWRௐVXFFHVVௐLQௐWKHௐ&DQDGLDQௐPDUNHWௐ1$)*¶VௐFRPSHWLWLYHௐSULFLQJௐDVௐZHOOௐDVௐDௐVLPSOHௐ86ௐ'ROODUௐWRௐ&DQDGLDQௐFRQYHUVDWLRQௐZLOOௐKHOSௐ1$)*ௐH[SDQGௐLQWRௐWKHௐ&DQDGLDQௐPDUNHWௐIRUௐSDUWLFLSDWLQJௐ6RXUFHZHOOௐPHPEHUV   ,GHQWLI\ௐDQ\ௐJHRJUDSKLFௐDUHDVௐRIௐWKHௐ8QLWHGௐ6WDWHVௐRUௐ&DQDGDௐWKDWௐ\RXௐZLOOௐ127ௐEHௐIXOO\ௐVHUYLQJௐWKURXJKௐWKHௐSURSRVHGௐFRQWUDFW 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZLOOௐKDQGOHௐVHUYLFLQJௐௐRIௐDOOௐJHRJUDSKLFௐDUHDVௐORFDWHGௐLQௐWKHௐ8QLWHGௐ6WDWHVௐௐ$OWKRXJKௐLWௐLVௐXQFOHDUௐZKDWௐXQVHHQௐREVWDFOHVௐZHௐPD\ௐIDFHௐLQௐ&DQDGDௐ1$)*ௐLVௐFRPPLWWHGௐWRௐEXLOGLQJௐWKHௐVDPHௐPRGHOௐWRௐVHUYLFHௐ&DQDGDௐDQGௐSURYLGLQJௐWKHௐVDPHௐOHYHOௐRIௐFXVWRPHUௐVDWLVIDFWLRQௐ VHUYLFHௐDQGௐFDUHௐDVௐLQௐWKHௐ8QLWHGௐ6WDWHV  Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC         ,GHQWLI\ௐDQ\ௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLW\ௐVHFWRUVௐ LHௐJRYHUQPHQWௐHGXFDWLRQௐQRWIRUSURILW ௐWKDWௐ\RXௐ ZLOOௐ127ௐEHௐIXOO\ௐVHUYLQJௐWKURXJKௐWKHௐSURSRVHGௐFRQWUDFWௐ([SODLQௐLQௐGHWDLOௐ)RUௐH[DPSOHௐGRHVௐ\RXUௐFRPSDQ\ௐKDYHௐRQO\ௐDௐUHJLRQDOௐSUHVHQFHௐRUௐGRௐRWKHUௐ FRRSHUDWLYHௐSXUFKDVLQJௐFRQWUDFWVௐOLPLWௐ\RXUௐDELOLW\ௐWRௐSURPRWHௐDQRWKHUௐFRQWUDFW" 1$)*ௐZLOOௐFRQWLQXHௐWRௐVHUYLFHௐDOOௐ6RXUFHZHOOௐ0HPEHUVௐWKURXJKௐRXUௐௐKRXUௐDௐGD\ௐௐGD\VௐDௐZHHNௐRQOLQHௐSRUWDOௐZLWKௐWKHௐH[FOXVLRQௐRIௐ1RQ3URILWVௐ8QIRUWXQDWHO\ௐ1RQ3URILWVௐDUHௐRIWHQௐQRWௐHOLJLEOHௐIRUௐWKHௐ VDPHௐGLVFRXQW¶VௐJRYHUQPHQWௐHQWLWLHVௐDUHௐTXDOLILHGௐIRUௐ+RZHYHUௐ1RQ3URILWVௐDUHௐVXEMHFWௐWRௐDௐGLIIHUHQWௐSULFLQJௐSURJUDPௐDQGௐZLOOௐEHௐHYDOXDWHGௐRQௐDௐFDVHௐWRௐFDVHௐEDVLV  'HILQHௐDQ\ௐVSHFLILFௐFRQWUDFWௐUHTXLUHPHQWVௐRUௐ UHVWULFWLRQVௐWKDWௐZRXOGௐDSSO\ௐWRௐRXUௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐ+DZDLLௐDQGௐ$ODVNDௐDQGௐLQௐ86ௐ7HUULWRULHV 7KHௐRQO\ௐSRVVLEOHௐORJLVWLFDOௐFRQVWUDLQWVௐZHௐPD\ௐIDFHௐLVௐWKHௐVKLSSLQJௐFRQVWUDLQWVௐIRUௐVKLSPHQWVௐDUULYLQJௐLQௐ $ODVNDௐ+DZDLLௐDQGௐ86ௐ7HUULWRULHVௐ)RUௐH[DPSOHௐZHௐRIWHQௐSURYLGHௐPHPEHUVௐLQௐ$ODVNDௐRUௐ+DZDLLௐZLWKௐYHKLFOHVௐWKDWௐRIWHQௐKDYHௐXSILWVௐ7RௐFLUFXPYHQWௐWKLVௐSRWHQWLDOௐLVVXHௐPHPEHUVௐDOORZௐXVௐWRௐDGGௐWKHVHௐH[WUDௐ VKLSSLQJௐDQGௐSRUWௐFRVWVௐWRௐWKHLUௐTXRWHV  7DEOH0DUNHWLQJ3ODQ /LQH,WHP 4XHVWLRQ 5HVSRQVH  'HVFULEHௐ\RXUௐPDUNHWLQJௐVWUDWHJ\ௐIRUௐSURPRWLQJௐWKLVௐFRQWUDFWௐRSSRUWXQLW\ௐௐ8SORDGௐ UHSUHVHQWDWLYHௐVDPSOHVௐRIௐ\RXUௐPDUNHWLQJௐ PDWHULDOVௐ LIௐDSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐHQFRPSDVVHVௐDௐYDULHW\ௐRIௐPDUNHWLQJௐVWUDWHJLHVௐWRௐSURPRWHௐRXUௐSURGXFWVௐDQGௐVHUYLFHVௐWRௐVWUHDPOLQHௐWKHௐYHKLFOHௐSXUFKDVLQJௐSURFHVVௐIRUௐJRYHUQPHQWௐHQWLWLHVௐௐௐ%HORZௐDUHௐDௐIHZௐVWUDWHJLHVௐ XVHGௐWRௐVHUYHௐDVௐWKHௐJDWHZD\ௐEHWZHHQௐRXUௐEXVLQHVVௐDQGௐSXEOLFௐDJHQFLHVௐௐ :HEVLWHௐDQGௐ,QERXQGௐ0DUNHWLQJௐௐ7KHௐFUHDWLRQௐRIௐDௐSURIHVVLRQDOௐFXVWRPHUIRFXVHGௐZHEVLWHௐLVௐRQHௐRIௐRXUௐPDLQௐ IHDWXUHVௐWRௐPDUNHWௐRXUௐSURGXFWVௐDQGௐVHUYLFHVௐ7KHௐ1$)*ௐZHEVLWHௐHQFRXUDJHVௐRXUௐPHPEHUVௐWRௐLQWHUDFWௐDQGௐEURZVHௐWKURXJKௐSURGXFWVௐRIIHUHGௐDORQJௐZLWKௐSULFLQJௐDQGௐLQIRUPDWLRQௐDERXWௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐ,QERXQGௐPDUNHWLQJௐLVௐFUHDWHGௐZKHQௐSRWHQWLDOௐPHPEHUVௐDUHௐGLUHFWHGௐWRௐWKHௐFRPSDQ\ௐZHEVLWHௐௐ:LWKௐWKLVௐPHWKRGௐZHௐ DUHௐDEOHௐWRௐQRWௐRQO\ௐFRQQHFWௐZLWKௐPHPEHUVௐEXWௐWRௐSXWௐWKHௐSXUFKDVLQJௐDELOLW\ௐLQWRௐWKHௐKDQGVௐRIௐHDFKௐPHPEHUௐௐ2XUௐLQERXQGௐPDUNHWLQJௐVWUDWHJ\ௐDWWUDFWVௐPHPEHUVௐE\ௐFUHDWLQJௐYDOXDEOHௐFRQWHQWௐDQGௐH[SHULHQFHVௐWDLORUHGௐWRௐWKHௐQHHGVௐRIௐHDFKௐLQGLYLGXDOௐ([DPSOHVௐLQFOXGHௐHPDLOௐFDPSDLJQௐIO\HUVௐRQௐRXUௐSURGXFWVௐLQIRUPDWLYHௐDQGௐKRZWRௐ YLGHRVௐVRFLDOௐPHGLDௐDQGௐHQJDJLQJௐPHPEHUVௐZLWKௐWRSQRWFKHGௐFXVWRPHUௐVHUYLFHௐWRௐEXLOGௐEUDQGௐDZDUHQHVVௐ (PDLOௐ0DUNHWLQJௐ2QHௐRIௐWKHௐPDLQௐVWUDWHJLHVௐXVHGௐWRௐHQJDJHௐFXUUHQWௐDQGௐSRWHQWLDOௐPHPEHUVௐLVௐ(PDLOௐ 0DUNHWLQJௐ2XUௐHPDLOVௐLQFOXGHௐGLIIHUHQWௐW\SHVௐRIௐIO\HUVௐWKDWௐFRQVLVWௐRIௐLQIRUPDWLRQௐRIௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐSURPRWLQJௐPDQXIDFWXUHUௐEUDQGVௐKROLGD\ௐWKHPHGௐIO\HUVௐGLVFRXQWVௐRIIHUHGௐWRௐILUVWௐWLPHௐEX\HUVௐLPSRUWDQWௐFXWRIIௐ GDWHௐUHPLQGHUVௐDQGௐXSFRPLQJௐSURGXFWVௐDQGௐHYHQWVௐௐ 7KHௐXVHௐRIௐPDUNHWLQJௐFDPSDLJQVௐSOD\VௐDௐPDMRUௐUROHௐLQௐHQKDQFLQJௐWKHௐJURZWKௐRIௐRXUௐFOLHQWௐGDWDEDVHௐௐ(PDLOVௐDUHௐDௐELJௐSDUWௐRIௐRXUௐGDLO\ௐOLYHVௐGXHௐWRௐJRYHUQPHQWௐDJHQF\ௐHPSOR\HHVௐXWLOL]LQJௐHPDLOVௐDVௐWKHLUௐPDLQௐVRXUFHௐRIௐ FRPPXQLFDWLRQௐௐ:HௐXVHௐFDPSDLJQHUFRPௐDVௐWKHௐHPDLOLQJௐSODWIRUPௐWRௐUHDFKௐRXUௐWDUJHWௐPHPEHUVௐௐ9LGHRVௐDQGௐ GHVFULSWLYHௐLPDJHVௐDUHௐXVHGௐRQௐDOOௐIO\HUVௐDQGௐDUHௐFRPSDWLEOHௐZLWKௐDௐGHVNWRSௐRUௐPRELOHௐGHYLFHௐௐ0HVVDJHVௐDUHௐVKRUWௐDQGௐWRௐWKHௐSRLQWௐZLWKௐOLQNVௐOHDGLQJௐWRௐWKHௐ6RXUFHZHOOௐDQGௐ1$)*ௐKRPHSDJHௐௐ7KHௐ&DPSDLJQHUௐHPDLOௐ V\VWHPௐDOORZVௐWKHௐDELOLW\ௐWRௐWUDFNௐHPDLOௐDFWLYLW\ௐEDVHGௐRQௐRSHQௐUDWHௐXQVXEVFULEHVௐDQGௐOLQNௐFOLFNVௐZKLFKௐLVௐ EHQHILFLDOௐWRௐXQGHUVWDQGLQJௐHPDLOௐHIIHFWLYHQHVVௐௐ 2QFHௐSRWHQWLDOௐPHPEHUVௐDUHௐGLUHFWHGௐWRௐRXUௐZHEVLWHௐWKH\ௐDUHௐZHOFRPHGௐZLWKௐDௐZLGHௐUDQJHௐRIௐRSWLRQVௐWRௐ H[SORUHௐDQௐDUUD\ௐRIௐRXUௐSURGXFWVௐDQGௐVHUYLFHVௐ7KH\ௐDUHௐDEOHௐWRௐUHJLVWHUௐWRௐEHFRPHௐDௐPHPEHUௐYLHZௐSULFLQJௐH[SORUHௐDYDLODEOHௐLQVWRFNௐYHKLFOHVௐYLHZௐKRZWRYLGHRVௐEXLOGௐDௐYHKLFOHௐRQOLQHௐWRௐUHTXHVWௐDQௐLPPHGLDWHௐTXRWHௐ RUௐXVHௐRXUௐOLYHௐFKDWௐDVVLVWDQWௐRUௐFDOOHPDLOௐIRUௐOLYHௐVXSSRUWௐௐ )DFHௐWRௐ)DFHௐ0DUNHWLQJௐ6WUDWHJLHVௐௐ7KLVௐVWUDWHJ\ௐKDVௐSURYHQௐWRௐEHௐVXFFHVVIXOௐLQௐJHQHUDWLQJௐOHDGVௐDQGௐ FUHDWLQJௐODVWLQJௐUHODWLRQVKLSVௐE\ௐGHYHORSLQJௐJHQXLQHௐFRQQHFWLRQVௐZLWKௐSURVSHFWLYHௐPHPEHUVௐௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐDWWHQGVௐVHYHUDOௐWUDGHVௐVKRZVௐSHUௐ\HDUௐWRௐHQJDJHௐPHPEHUVௐDQGௐSXWௐDௐIDFHௐWRௐWKHௐFRPSDQ\ௐ7KLVௐLQௐSHUVRQௐPHHWLQJௐDLGVௐWRௐEXLOGௐWKHௐEUDQGௐE\ௐQXUWXULQJௐUHODWLRQVKLSVௐEHWZHHQௐPHPEHUVௐDQGௐRWKHUௐYHQGRUVௐ DVVRFLDWHGௐWKURXJKௐWKHௐSURFHVVௐௐௐ7UDGHௐVKRZVௐDWWHQGHGௐLQFOXGHௐ*);ௐ,$332ௐ1,*3ௐ$&7ௐ&$332ௐDQGௐ&$6%2ௐWKURXJKRXWௐWKHௐ8QLWHGௐ6WDWHVௐௐ 1$)*ௐKDVௐPDQ\ௐRSSRUWXQLWLHVௐWRௐPDNHௐLQௐSHUVRQௐSUHVHQWDWLRQVௐWRௐSURSRVHௐSURGXFWVௐVHUYLFHVௐRIIHUHGௐDQGௐWRௐDQVZHUௐDQ\ௐTXHVWLRQVௐSRWHQWLDOௐPHPEHUVௐPD\ௐKDYHௐௐ7KHVHௐ3RZHU3RLQWௐ3UHVHQWDWLRQVௐLQFOXGHௐWRSLFVௐRQௐ 1$)*6RXUFHZHOOௐSURFHVVௐKRZௐWRௐIDFLOLWDWHௐWKHௐYHKLFOHௐSXUFKDVLQJௐZLWKRXWௐELGGLQJௐLQIRUPDWLRQDOௐYLGHRVௐDQGௐ WKHௐEUDQGVௐDQGௐVHUYLFHVௐZHௐSURYLGHௐ7KHVHௐPHHWLQJVௐKDYHௐEHHQௐKHOGௐDWௐORFDOௐFLWLHVௐFRXQWLHVௐVFKRROௐGLVWULFWVௐZDWHUௐGLVWULFWVௐDQGௐSRUWV 5HODWLRQVKLSௐ0DUNHWLQJௐLVௐDௐYLWDOௐVWUDWHJ\ௐXVHGௐLQௐEXLOGLQJௐDQGௐPDLQWDLQLQJௐORQJWHUPௐUHODWLRQVKLSVௐSUDFWLFHGௐE\ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐRQௐDௐGDLO\ௐEDVLVௐௐ 1$)*ௐVWULYHVௐWRௐFUHDWHௐDௐSRVLWLYHௐDQGௐVXSSRUWLYHௐFRQQHFWLRQௐZLWKௐPHPEHUVௐE\ௐSURYLGLQJௐSHUVRQDOL]HGௐDQGௐUHVSRQVLYHௐFXVWRPHUௐVHUYLFHௐSUDFWLFHVௐௐ7KHௐVDOHVௐWHDPௐKDVௐZRUNHGௐWLUHOHVVO\ௐWRௐIRFXVௐRQௐSURYLGLQJௐ RXWVWDQGLQJௐFXVWRPHUௐVXSSRUWௐWRௐFUHDWHௐDௐSRZHUIXOௐUDSSRUWௐZLWKௐH[LVWLQJௐDQGௐQHZௐPHPEHUVௐௐ%\ௐJRLQJௐDERYHௐDQGௐEH\RQGௐWKH\ௐKDYHௐHQKDQFHGௐH[LVWLQJௐUHODWLRQVKLSVௐDQGௐH[HFXWHGௐFXVWRPHUௐOR\DOW\ௐZLWKௐUHSHDWௐEXVLQHVVHVௐௐ7KH\ௐVWULYHௐWRௐGHYLDWHௐIURPௐWKHௐ³&DUௐ6DOHVSHUVRQ´ௐPHQWDOLW\ௐZKLFKௐLVௐௐVDOHVௐGULYHQௐWRௐDௐPRUHௐSURGXFWௐ DQGௐFXVWRPHUௐVHUYLFHௐDSSURDFKௐE\ௐLQVWLOOLQJௐDௐVHQVHௐRIௐFRQILGHQFHௐLQௐRXUௐFOLHQWVௐௐ7KHௐJRDOௐLVௐWRௐUHJXODUO\ௐDVVLVWௐFOLHQWVௐDQGௐDGGUHVVௐDQ\ௐQHHGVௐDQGௐFRQFHUQVௐHYHQௐDIWHUௐWKHௐSXUFKDVHௐKDVௐRFFXUUHGௐௐ7KHௐVWULYHௐWRௐIRFXVௐRQௐVROXWLRQௐVHOOLQJௐYVௐSURGXFWௐVHOOLQJௐGHYHORSVௐLQWRௐDௐPXWXDOO\ௐEHQHILFLDOௐDJUHHPHQWௐIRUௐPHPEHUVௐDQGௐ WKHௐEXVLQHVVௐௐ %HORZௐDUHௐDௐIHZௐH[DPSOHVௐRQௐVXFFHVVIXOௐUHODWLRQVKLSௐPDUNHWLQJௐIURPௐRXUௐ)OHHWௐ'HSDUWPHQWௐ :HௐKDGௐDௐPHPEHUௐFDOOௐLQௐWRௐUHTXHVWௐILQDQFLQJOHDVHௐRSWLRQVௐIRUௐDௐWUXFNௐQHHGHGௐWKURXJKௐRXUௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS6RXUFHZHOOௐYHKLFOHௐFRQWUDFWௐௐ,ௐFRQWDFWHGௐDQRWKHUௐ6RXUFHZHOOௐYHQGRUௐ0DWWௐ*HLVHOKDUWௐIURPௐ1&/ௐ*RYௐ&DSLWDOௐDQGௐKHௐZDVௐKDSS\ௐWRௐDVVLVWௐZLWKௐDௐILQDQFLQJௐTXRWHௐௐ7KHௐPHPEHUௐDOVRௐUHTXHVWHGௐWRௐWUDGHௐLQௐDௐ FXUUHQWௐYHKLFOHௐLQௐWKHLUௐIOHHWௐDQGௐZDVௐGLUHFWHGௐWRௐ*RYGHDOVௐIRUௐDVVLVWDQFHௐLQௐUHPRYLQJௐWKHௐRXWGDWHGௐXQLWௐWKURXJKௐDQௐDXFWLRQௐௐௐ7KHௐPHPEHUௐZDVௐDEOHௐWRௐXWLOL]HௐWKUHHௐ6RXUFHZHOOௐFRQWUDFWVௐWRௐFRPSOHWHௐKLVௐWUDQVDFWLRQௐ ZKLFKௐVLPSOLILHGௐWKHௐHQWLUHௐSURFHVVௐௐ7KHௐPHPEHUௐZDVௐYHU\ௐVDWLVILHGௐZLWKௐWKHௐDPRXQWௐRIௐFDUHௐDQGௐHDVHௐ WKURXJKௐKLVௐH[SHULHQFHௐDQGௐEHFDPHௐDௐUHSHDWௐFXVWRPHUௐௐௐ%\ௐXWLOL]LQJௐDௐFURVVVHOOLQJௐVWUDWHJ\ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐEHFDPHௐKLVௐRQHௐVWRSௐVKRSௐWRௐIXOILOOௐDOOௐIOHHWௐYHKLFOHௐSXUFKDVLQJௐQHHGVௐ ³,ௐKDGௐDௐPHPEHUௐFDOOௐLQௐGHVSHUDWHௐWRௐREWDLQௐDௐQHZௐWUXFNௐEHFDXVHௐDQௐHPSOR\HHௐKDGௐJRWWHQௐLQWRௐDௐVHULRXVௐDFFLGHQWௐDQGௐKDGௐWKHௐWUXFNௐWRWDOHGௐௐௐௐ'XHௐWRௐFRYLGௐUHVWULFWLRQVௐPRVWௐPDQXIDFWXUHUVௐDUHௐFXUUHQWO\ௐH[SHULHQFLQJௐ PLFURFKLSௐVKRUWDJHVௐZKLFKௐUHOD\VௐWRௐSURGXFWLRQௐGHOD\VௐDWௐWKHௐIDFWRU\ௐௐ:HௐZHUHௐDEOHௐWRௐGLUHFWௐEX\HUௐWRௐRXUௐLQ VWRFNௐLQYHQWRU\ௐRQௐWKHௐ1$)*ௐZHEVLWHௐDQGௐPHPEHUௐZDVௐHFVWDWLFௐWRௐORFDWHௐWUXFNௐWRௐPHHWௐWKHLUௐQHHGVௐௐௐ,QVWHDGௐRIௐKDYLQJௐWRௐZDLWௐௐZHHNVௐWRௐUHFHLYHௐWKHௐQHZௐYHKLFOHௐPHPEHUௐZDVௐDEOHௐWRௐREWDLQௐWKHௐQHZௐWUXFNௐZLWKLQௐௐ ZHHNV´  Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC        ³,ௐRQFHௐKDGௐDௐPHPEHUௐFRQWDFWௐXVௐWZRௐ\HDUVௐDIWHUௐSXUFKDVLQJௐDௐYHKLFOHௐIURPௐXVௐௐௐ7KH\ௐKDGௐDௐPDOIXQFWLRQௐZLWKௐWKHௐOLIWJDWHௐRQௐWKHௐER[ௐWUXFNௐZKLFKௐFDXVHGௐDௐORJLVWLFDOௐQLJKWPDUHௐௐ,ௐZDVௐDEOHௐWRௐFRQWDFWௐRQHௐRIௐRXUௐERG\ௐYHQGRUVௐWKDWௐXSILWWHGௐWKHௐOLIWௐJDWHௐLQVWDOODWLRQௐDQGௐDௐVHUYLFHௐWHFKQLFLDQௐZDVௐDEOHௐWRௐJRௐRQVLWHௐWRௐUHVROYHௐWKHௐ OLIWJDWHௐLVVXHௐDWௐQRௐDGGLWLRQDOௐFRVWௐௐ7KHௐPHPEHUௐZDVௐYHU\ௐLPSUHVVHGௐZLWKௐWKHௐTXDOLW\ௐRIௐRXUௐFXVWRPHUௐVHUYLFHௐHYHQௐDIWHUௐSXUFKDVHௐ³ ³,ௐKDGௐDௐPHPEHUௐUHTXHVWௐDௐôௐWRQௐWUXFNௐSULFLQJௐEXWௐZDVௐXQVXUHௐDERXWௐWKHLUௐEXGJHWௐDWௐWKHௐWLPHௐௐௐ,ௐWRRNௐWKHௐWLPHௐWRௐJRௐWKURXJKௐHDFKௐRSWLRQௐZLWKௐWKHௐFOLHQWௐWRௐSURYLGHௐDௐ6RXUFHZHOOௐSULFLQJௐTXRWHௐWKURXJKௐPXOWLSOHௐ PDQXIDFWXUHUVௐIURPௐ5DPௐ&KHYUROHWௐDQGௐ)RUGௐௐ7KLVௐHPSRZHUHGௐWKHௐPHPEHUௐWRௐKDYHௐPXOWLSOHௐSULFLQJௐRSWLRQVௐ IRUௐUHYLHZௐWRௐDOLJQௐZLWKௐWKHLUௐEXGJHWௐDVௐZHOOௐDVௐHOLPLQDWLQJௐWKHௐQHHGௐWRௐVKRSௐDQ\ZKHUHௐHOVHௐ³ௐௐ ³:HௐZRUNௐZLWKௐPDQ\ௐERG\ௐFRPSDQLHVௐWRௐDVVLVWௐFXVWRPHUVௐZLWKௐWKHௐERG\ௐXSILWWLQJௐSURFHVVௐௐௐ2QHௐRIௐRXUௐ PHPEHUVௐFDOOHGௐLQௐDௐUHTXHVWௐWRௐH[SHGLWHௐDௐSDUWLFXODUௐYHKLFOHௐWKDWௐZDVௐKHOGௐXSௐDWௐRQHௐRIௐWKHLUௐORFDOௐERG\ௐXSILWWHUVௐௐௐ,ௐFRQWDFWHGௐWKHௐERG\ௐFRPSDQ\ௐUHSUHVHQWDWLYHௐDQGௐSXWௐLQௐDௐUHTXHVWௐWRௐH[SHGLWHௐWKHௐXSILWWLQJௐSHUௐ UHTXHVWௐRIௐWKHௐPHPEHUௐௐ7KHௐERG\ௐFRPSDQ\ௐZDVௐDEOHௐWRௐFRPSO\ௐZLWKௐWKHௐUHTXHVWௐDQGௐGHOLYHU\ௐZDVௐPDGHௐVRRQHUௐWKDQௐH[SHFWHG´ :RUGRI0RXWKௐ0DUNHWLQJௐௐ7KHௐSRVLWLYHௐTXDOLW\ௐRIௐVHUYLFHௐKDVௐOHGௐWRௐPRUHௐVDOHVௐEDVHGௐRQௐSUHYLRXVௐFXVWRPHUV¶ௐLPSUHVVLRQVௐRQௐWKHLUௐH[SHULHQFHௐௐ1$)*¶VௐJRDOௐLVௐWRௐSURYLGHௐH[HPSODU\ௐFXVWRPHUௐVHUYLFHௐWKURXJKRXWௐWKHௐHQWLUHௐSXUFKDVLQJௐSURFHVVௐWRௐHQFRXUDJHௐUHSHDWௐEXVLQHVVௐDQGௐDGYRFDWHௐVHUYLFHVௐWRௐRWKHUௐ PHPEHUVௐௐ1$)*ௐKDVௐEHHQௐIRUWXQDWHௐWRௐH[SHULHQFHௐPXOWLSOHௐLQVWDQFHVௐRIௐOHDGVௐJHQHUDWHGௐEDVHGௐVROHO\ௐRQௐZRUGRIPRXWKௐPDUNHWLQJௐWKRXJKௐRXUௐH[LVWLQJௐFXVWRPHUVௐௐ &URVVSURPRWLRQௐௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐLVௐFXUUHQWO\ௐFROODERUDWLQJௐZLWKௐDQRWKHUௐ6RXUFHZHOOௐ9HQGRUௐ1&/ௐ*RYHUQPHQWௐ&DSLWDOௐWRௐSURPRWHௐHDFKௐRWKHU¶VௐSURGXFWVௐDQGௐVHUYLFHVௐௐ1&/ௐ*RYHUQPHQWௐ&DSLWDOௐVSHFLDOL]HVௐLQௐSURYLGLQJௐFRPSHWLWLYHௐHTXLSPHQWௐILQDQFLQJௐSURJUDPVௐIRUௐPXQLFLSDOLWLHVௐDQGௐSXEOLFௐHGXFDWLRQௐHQWLWLHVௐDFURVVௐWKHௐ 8QLWHGௐ6WDWHVௐௐ$VௐDௐWHDPௐ1&/ௐDQGௐ1$)*ௐSURGXFHGௐDௐYDULHW\ௐRIௐPDUNHWLQJௐPDWHULDOVௐVXFKௐDVௐYLGHRVௐIO\HUVௐDQGௐLQIRௐJUDSKVௐWRௐSURPRWHௐSXUFKDVLQJௐDQGௐOHDVLQJௐRSSRUWXQLWLHVௐௐௐௐ +RJOXQGௐ%XVௐ&RPSDQ\ௐLVௐDQRWKHUௐFURVVSURPRWLRQௐYHQGRUௐ1$)*ௐKDGௐWKHௐRSSRUWXQLW\ௐWRௐFUHDWHௐDௐSDUWQHUVKLSௐZLWKௐௐௐ)O\HUVௐZHUHௐFUHDWHGௐWRௐDGYHUWLVHௐ&KDVVLVௐIURPௐ1$)*ௐDORQJௐZLWKௐDௐYDULHW\ௐRIௐEXVௐERGLHVௐIURPௐ+RJOXQGௐ %XVௐ&RPSDQ\ௐௐௐ :LWKௐFURVVSURPRWLRQௐFRPSDQLHVௐH[FKDQJHௐNQRZOHGJHௐDQGௐSURYLGHௐHQGRUVHPHQWVௐRQௐZHEVLWHVௐVRFLDOௐPHGLDௐ DQGௐHPDLOௐFDPSDLJQVௐௐ7KLVௐVWUDWHJ\ௐFUHDWHVௐDQௐLQIOX[ௐRIௐQHZௐOHDGVௐEUDQGௐDZDUHQHVVௐLQFUHDVHGௐVDOHVௐDQGௐ UHFXUUHQFHௐRIௐFXVWRPHUVௐௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZLOOௐFRQWLQXHௐWRௐFUHDWHௐQHZௐSDUWQHUVKLSVௐDQGௐIDFLOLWDWHௐPRUHௐFURVVSURPRWLRQௐRSSRUWXQLWLHVௐLQௐWKHௐQHDUௐIXWXUHௐWRௐSURYLGHௐWXUQNH\ௐVROXWLRQVௐIRUௐDௐYDULHW\ௐRIௐYHKLFOHௐ SXUFKDVLQJௐQHHGVௐ &RPLQJௐLQௐௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZLOOௐEHௐODXQFKLQJௐDௐ1$)*ௐ3DUWQHUௐ:HEVLWHௐWRௐIXUWKHUௐLQFUHDVHௐ EXVLQHVVௐJURZWKௐௐ7KHௐZHEVLWHௐZZZQDIJSDUWQHUFRPௐLVௐH[SHFWHGௐWRௐODXQFKௐQH[Wௐ\HDUௐLQௐௐௐ7KHௐVLWHௐHQFRXUDJHVௐERG\ௐXSILWWLQJௐFRPSDQLHVௐWKURXJKRXWௐWKHௐ8QLWHGௐ6WDWHVௐWRௐSDUWQHUௐXSௐZLWKௐ1$)*ௐWRௐEHFRPHௐDௐSUHIHUUHGௐPHPEHUௐௐ7KHௐEHQHILWVௐRIௐEHFRPLQJௐDௐSUHIHUUHGௐPHPEHUௐLQFOXGHௐHQGRUVHPHQWVௐRQௐZHEVLWHௐDQGௐ VRFLDOௐPHGLDௐDYHQXHVௐDORQJௐZLWKௐZRUGRIPRXWKௐUHIHUUDOௐIRUௐFOLHQWVௐZLWKௐXSILWWLQJௐQHHGVௐௐ2XUௐGHGLFDWHGௐSXEOLFௐUHODWLRQVௐUHSUHVHQWDWLYHௐZLOOௐFRQGXFWௐSKRQHௐDQGௐLQௐSHUVRQௐPHHWLQJVௐWRௐGLVFXVVௐWKHௐDGYDQWDJHVௐRIௐSDUWQHULQJௐXSௐZLWKௐ1$)*ௐWKHUHIRUHௐJHQHUDWLQJௐPRUHௐFURVVSURPRWLRQௐRSSRUWXQLWLHVௐ 0HPEHUVௐIURPௐJRYHUQPHQWௐDJHQFLHVௐDUHௐHQFRXUDJHGௐWRௐJRௐRQௐWKHௐVLWHௐWRௐVHDUFKௐIRUௐORFDOௐERG\ௐXSILWWLQJௐFRPSDQLHVௐWKH\ௐDUHௐLQWHUHVWHGௐLQௐZRUNLQJௐZLWKௐௐௐ$VௐDௐSUHUHTXLVLWHௐLQௐEHFRPLQJௐDௐSUHIHUUHGௐYHQGRUௐWKH\ௐDUHௐ UHTXLUHGௐWRௐDGYHUWLVHௐ1$)*ௐDQGௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐRQௐWKHLUௐEXVLQHVVௐZHEVLWHௐDQGௐUHIHUௐWKHLUௐFOLHQWVௐWRௐSXUFKDVHௐWKHLUௐFDEFKDVVLVௐQHHGVௐWKURXJKௐ1$)*ௐௐ7KLVௐHVWDEOLVKHVௐDௐSDUWQHUVKLSௐWKDWௐZLOOௐJHQHUDWHௐLQFUHDVHGௐ VDOHVௐDOOௐDURXQGௐௐ:HௐDUHௐVWLOOௐFXUUHQWO\ௐEXLOGLQJௐWKHௐZHEVLWHௐDQGௐLQWHUDFWLQJௐZLWKௐERG\ௐFRPSDQLHVௐDFURVVௐWKHௐ 8QLWHGௐ6WDWHVௐWKDWௐZRXOGௐEHௐLQWHUHVWHGௐLQௐSDUWQHULQJௐXSௐZLWKௐ1$)* Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC         'HVFULEHௐ\RXUௐXVHௐRIௐWHFKQRORJ\ௐDQGௐGLJLWDOௐGDWDௐ HJௐVRFLDOௐPHGLDௐPHWDGDWDௐXVDJH ௐWRௐ HQKDQFHௐPDUNHWLQJௐHIIHFWLYHQHVV 6RFLDOௐPHGLDௐSOD\VௐDௐFUXFLDOௐHOHPHQWௐLQௐWKHௐZD\ௐSHRSOHௐFRPPXQLFDWHௐDQGௐFRQQHFWௐZLWKௐHDFKௐRWKHUௐௐௐௐ/LQNHG,QௐLVௐWKHௐJRWRௐSODWIRUPௐXVHGௐE\ௐ1$)*ௐDVௐLWௐRIIHUVௐDௐYDULHW\ௐRIௐZD\VௐWRௐH[SDQGௐRXUௐQHWZRUNௐE\ௐORFDWLQJௐ DQGௐFRQQHFWLQJௐZLWKௐUHOHYDQWௐSURIHVVLRQDOVௐLQௐWKHௐLQGXVWU\ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKDVௐXWLOL]HGௐ/LQNHG,QௐWRௐHQJDJHௐFXUUHQWௐDQGௐSRWHQWLDOௐPHPEHUVௐWKURXJKௐSHUVRQDOL]HGௐPHVVDJHVௐDQGௐSRVWVௐௐ3HUVRQDOL]HGௐPHVVDJHVௐLQFOXGHௐWKDQNLQJௐWKHPௐIRUௐUHJLVWHULQJௐRQௐVLWHௐDVௐZHOOௐDVௐGLUHFWLQJௐWKHPௐWRௐRQௐRXUௐOLQNௐWRௐWKHௐZHEVLWHௐ/LQNHG,Qௐ <RX7XEHௐ)DFHERRNௐDQGௐ,QVWDJUDPௐFRPSDQ\ௐSDJHVௐௐ7KHௐJRDOௐLVௐWRௐXQLWHௐZLWKௐSHRSOHௐDOUHDG\ௐRQௐRXUௐGDWDEDVHௐDVௐZHOOௐDVௐSHRSOHௐWKDWௐZRXOGௐEHQHILWௐIURPௐRXUௐSURGXFWVௐDQGௐVHUYLFHVௐௐ&XUUHQWௐIO\HUVௐRUௐPHVVDJHVௐ DERXWௐRXUௐFRPSDQ\ௐDUHௐDOVRௐSRVWHGௐRQௐWKHௐ/LQNHG,QௐVLWHௐWRௐJHQHUDWHௐDQGௐDWWUDFWௐPRUHௐEXVLQHVVௐௐ7LPHௐLVௐ DOVRௐVSHQWௐRQௐUHDGLQJௐSRVWVௐIURPௐFRQQHFWLRQVௐDQGௐREVHUYHௐDQ\ௐQHHGVௐWKDWௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐPD\ௐDVVLVWௐZLWKௐௐ 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKDVௐEHJXQௐXWLOL]LQJௐYLGHRௐPDUNHWLQJௐVWUDWHJLHVௐWRௐIXUWKHUௐSURPRWHௐDQGௐPDUNHWௐSURGXFWVௐE\ௐHQJDJLQJௐRQௐVRFLDOௐPHGLDௐFKDQQHOVௐDQGௐHPDLOௐIO\HUVௐௐ3URJUDPVௐVXFKௐDVௐ9LPHRௐ9LGHRௐ6FULEHௐ &DUWRRQௐ$QLPDWRUௐ$GREHௐ$QLPDWHௐ,OOXVWUDWHௐ&DSWLYHௐ3KRWRVKRSௐDQGௐ0RYDYLௐ9LGHRௐ(GLWRUௐ3OXVௐDUHௐHPSOR\HGௐ WRௐHGLWௐDQGௐFUHDWHௐYLGHRVௐWRௐDVVLVWௐLQௐHQGRUVLQJௐRXUௐFRPSDQ\ௐௐ7KHௐIROORZLQJௐYLGHRVௐZHUHௐUHFHQWO\ௐFUHDWHGௐE\ௐRXUௐPDUNHWLQJௐGHSDUWPHQWௐDORQJௐZLWKௐRXWVLGHௐYLGHRௐSURGXFWLRQௐFRPSDQLHV ([SODLQHUௐ9LGHRௐௐ7KHௐILUVWௐYLGHRௐFUHDWHGௐZDVௐDௐௐVHFRQGௐH[SODLQHUௐYLGHRௐDERXWௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐWKDWௐXVHGௐDQLPDWHGௐFKDUDFWHUVௐWRௐYLVXDOL]HௐRXUௐSURGXFWVௐDQGௐVHUYLFHVௐDORQJௐZLWKௐLQIRUPDWLRQௐRQௐWKHௐ6RXUFHZHOOௐ DZDUGHGௐFRQWUDFWௐௐ7KHௐYLGHRௐKDVௐEHHQௐLQFRUSRUDWHGௐLQWRௐDOOௐRXUௐZHHNO\ௐHPDLOௐIO\HUVௐDQGௐVRFLDOௐPHGLDௐSODWIRUPVௐDVௐDQௐLQIRUPDWLYHௐYLGHRௐRQௐRXUௐSURGXFWVௐDQGௐKRZௐWRௐSXUFKDVHௐYHKLFOHVௐRIIௐ6RXUFHZHOOௐ*RYHUQPHQWௐ&RQWUDFW +RZௐ7Rௐ9LGHRVௐௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKDVௐDOVRௐFUHDWHGௐVWHSE\VWHSௐ+RZ7RௐYLGHRVௐRQௐWKHௐSURFHVVௐWRௐSXUFKDVHௐERWKௐ/LJKWௐ'XW\ௐDQGௐ+HDY\'XW\ௐYHKLFOHVௐRIIௐWKHௐFRQWUDFWௐௐ ,Qௐ6WRFNௐ9HKLFOHVௐௐ7KLVௐYLGHRௐVKRZFDVHVௐRXUௐLQVWRFNௐYHKLFOHVௐDYDLODEOHௐDQGௐWKHௐSURFHVVௐRIௐUHTXHVWLQJௐDௐTXRWHௐ (7$ௐ7UDFNLQJௐ6\VWHPௐௐ7KLVௐYLGHRௐZDVௐFUHDWHGௐWRௐQRWௐRQO\ௐLQWURGXFHௐEXWௐWRௐHQFRXUDJHௐFOLHQWVௐWRௐVHOIWUDFNௐWKHLUௐYHKLFOHௐVWDWXVௐௐ +ROLGD\ௐ7KHPHGௐ9LGHRVௐ7KHVHௐDPXVLQJௐYLGHRVௐZHUHௐFUHDWHGௐWRௐFHOHEUDWHௐWKHௐKROLGD\VௐDQGௐDGGௐKXPRUௐDQGௐOLJKWQHVVௐWRௐRXUௐFRPSDQ\ௐDQGௐSURGXFWVௐVROGௐௐ &URVVௐ3URPRWLRQௐ9LGHRௐௐ7KLVௐYLGHRௐPDUNHWVௐRXUௐUHODWLRQVKLSௐZLWKௐ1&/ௐ*RYHUQPHQWௐ&DSLWDOௐDQGௐ6RXUFHZHOOௐWRௐHQGRUVHௐ(9ௐYHKLFOHVௐௐ 9LGHRVௐIRUௐVRFLDOௐPHGLDௐௐ0LQLௐYLGHRVௐZHUHௐFUHDWHGௐWRௐDGYHUWLVHௐQHZௐYHKLFOHVௐDYDLODEOHௐSULFLQJௐDQGௐFXWRIIௐGDWHௐUHPLQGHUVௐௐ 1$)*ௐKDVௐUHFHQWO\ௐLQWURGXFHGௐDௐQHZO\ௐEXLOWௐOLYHௐFKDWௐIHDWXUHௐRQௐRXUௐZHEVLWHௐIRUௐFXVWRPHUௐFRQYHQLHQFHௐDVௐZHOOௐDVௐLPSURYLQJௐFXVWRPHUௐVHUYLFHௐௐ9LVLWRUVௐKDYHௐDFFHVVௐWRௐFKDWௐZLWKௐDௐOLYHௐVDOHVௐUHSUHVHQWDWLYHௐௐKRXUVௐDௐGD\ௐ ௐGD\VௐDௐZHHNௐௐ:LWKௐWKLVௐIHDWXUHௐSRWHQWLDOௐFXVWRPHUVௐDUHௐSURYLGHGௐZLWKௐDQRWKHUௐDYHQXHௐIRUௐDVVLVWDQFHௐLQௐDGGLWLRQௐWRௐHPDLOLQJௐDQGௐSKRQHௐFDOOVௐௐ7KHௐEHQHILWVௐRIௐDௐOLYHௐFKDWௐRSWLRQௐLQFOXGHௐTXLFNHUௐUHVSRQVHௐWLPHௐWRௐDVVLVWௐEX\HUVௐLQௐUHDFKLQJௐDௐSXUFKDVLQJௐGHFLVLRQௐDQGௐDQVZHUௐWKHLUௐTXHVWLRQVௐ ,PSURYLQJௐFXVWRPHUௐVHUYLFHௐZLOOௐDOVRௐOHDGௐWRௐLQFUHDVHGௐVDOHVௐFXVWRPHUௐOR\DOW\ௐDQGௐHQJDJHPHQWௐௐ0DQ\ௐVWXGLHVௐKDYHௐVKRZQௐDௐVWURQJௐFRUUHODWLRQௐEHWZHHQௐOLYHௐFKDWௐDQGௐLQFUHDVHௐLQௐFRQYHUVLRQௐUDWHVௐௐ3RWHQWLDOௐFOLHQWVௐ DSSUHFLDWHௐKDYLQJௐWKHLUௐTXHVWLRQVௐDQVZHUHGௐLQௐUHDOWLPHௐZKHQௐWU\LQJௐWRௐEXLOGௐDௐYHKLFOHௐTXRWHௐRQOLQHௐDQGௐDOORZLQJௐWKHௐXVHUௐWRௐPXOWLWDVNௐGLIIHUHQWௐSURMHFWV   ,Qௐ\RXUௐYLHZௐZKDWௐLVௐ6RXUFHZHOO¶VௐUROHௐLQௐ SURPRWLQJௐFRQWUDFWVௐDULVLQJௐRXWௐRIௐWKLVௐ5)3"ௐ+RZௐZLOOௐ\RXௐLQWHJUDWHௐDௐ6RXUFHZHOODZDUGHGௐ FRQWUDFWௐLQWRௐ\RXUௐVDOHVௐSURFHVV" 6RXUFHZHOO¶VௐPLVVLRQௐVWDWHVௐ³2XUௐFRPPLWPHQWௐWRௐVHUYLFHௐDQGௐH[FHHGLQJௐFOLHQWௐH[SHFWDWLRQV´ௐௐ7KLVௐVWDWHPHQWௐ LQWHJUDWHVௐZLWKௐRXUௐUHODWLRQVKLSௐPDUNHWLQJௐVWUDWHJ\ௐZLWKௐRXUௐFRPPLWPHQWௐWRௐJRௐDERYHௐDQGௐEH\RQGௐIRUௐDOOௐRXUௐPHPEHUVௐௐ6RXUFHZHOOௐLVௐDௐWUXVWHGௐEUDQGௐWKDWௐJRYHUQPHQWௐHQWLWLHVௐFDQௐUHO\ௐRQௐWRௐDFFHVVௐDௐZLGHௐYDULHW\ௐRIௐ SURGXFWVௐDQGௐVHUYLFHVௐIRUௐWKHLUௐHYHU\GD\ௐQHHGVௐௐ:LWKௐRYHUௐௐ\HDUVௐRIௐSDUWQHUVKLSVௐDQGௐUHODWLRQVKLSௐEXLOGLQJௐ WKH\ௐDUHௐWKHௐJOXHௐWKDWௐFRQQHFWVௐJRYHUQPHQWௐHGXFDWLRQௐDQGௐQRQSURILWௐDJHQFLHVௐWRௐFRPSDQLHVௐRIௐDOOௐVL]HVௐWRௐRIIHUௐWXUQNH\ௐVROXWLRQVௐWRௐWKHLUௐQHHGVௐௐௐௐ 6RXUFHZHOOௐLVௐDOVRௐDௐUHOLDEOHௐUHVRXUFHௐIRUௐYHQGRUVௐE\ௐQRWௐRQO\ௐFRQQHFWLQJௐZLWKௐSRWHQWLDOௐSURVSHFWVௐEXWௐE\ௐSURYLGLQJௐYDOXDEOHௐPDUNHWLQJௐPDWHULDOVௐUHDGLO\ௐDYDLODEOHௐIRUௐGRZQORDGௐRQௐWKHLUௐZHEVLWHௐௐ5HVRXUFHVௐDQGௐWRROVௐ SURYLGHGௐLQFOXGHௐIO\HUVௐYHQGRUௐWUDLQLQJௐYLGHRVௐDORQJௐZLWKௐFRPSOLDQFHௐLQIRUPDWLRQ 7KHௐ6RXUFHZHOOௐEUDQGௐLQWHJUDWHVௐDௐWKRURXJKௐGRFXPHQWDWLRQௐUHYLHZௐRIௐDOOௐYHQGRUVௐSULRUௐWRௐDZDUGLQJௐWKHLUௐ FRRSHUDWLYHௐFRQWUDFWVௐWRௐHQVXUHௐSURGXFWVௐDQGௐVHUYLFHVௐDUHௐIURPௐUHSXWDEOHௐYHQGRUVௐௐ7KHௐEUDQGௐSURYLGHVௐDௐVHQVHௐRIௐOHJLWLPDF\ௐRIௐRXUௐFRPSDQ\ௐQDPHௐDQGௐPHPEHUVௐUHFRJQL]HௐWKDWௐSURGXFWVௐDQGௐVHUYLFHVௐDUHௐIURPௐUHOLDEOHௐVRXUFHVௐWKDWௐZLOOௐPHHWௐWKHLUௐQHHGVௐௐ 6RXUFHZHOO¶VௐDLPௐLVௐWRௐVLPSOLI\ௐWKHௐSXUFKDVLQJௐDQGௐSURFXUHPHQWௐSURFHVVௐRIௐJRYHUQPHQWௐHQWLWLHVௐE\ௐHOLPLQDWLQJௐWKHௐFRVWO\ௐELGGLQJௐSURFHGXUHௐௐ7KHௐSURFHVVௐRIௐUHVHDUFKLQJௐWKHௐULJKWௐYHQGRUௐLVௐQRWௐRQO\ௐVWUHVVIXOௐDQGௐWLPHFRQVXPLQJௐEXWௐFDQௐEHௐH[SHQVLYHௐDVௐZHOOௐௐ6RXUFHZHOOௐKDVௐFRPSOHWHGௐWKHௐELGGLQJௐIRUௐJRYHUQPHQWௐHQWLWLHVௐ ZKLFKௐVLPSOLILHVௐWKHௐRYHUDOOௐSXUFKDVLQJௐSURFHVVௐE\ௐSURYLGLQJௐDFFHVVௐWRௐFRPSHWLWLYHO\ௐELGௐFRQWUDFWVௐSURFXUHGௐE\ௐDௐJRYHUQPHQWௐDJHQF\ௐௐ 6RXUFHZHOOௐKDVௐSURYLGHGௐ1$)*ௐZLWKௐRYHUZKHOPLQJௐRSSRUWXQLWLHVௐWRௐZRUNௐZLWKௐJRYHUQPHQWௐDJHQFLHVௐDFURVVௐWKHௐ8QLWHGௐ6WDWHVௐௐ7KHௐ6RXUFHZHOOௐQDPHௐUHSUHVHQWVௐDௐKLJKௐVWDQGDUGௐRIௐLQWHJULW\ௐDQGௐHWKLFVௐZKLFKௐLVௐDௐG\QDPLFௐ 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐLVௐSURXGௐWRௐEHௐSDUWௐRIௐௐ6RXUFHZHOOௐPHPEHUVௐKDYHௐDFFHVVௐWRௐDௐFRQWUDFWௐWKDWௐLVௐ PRUHௐIOH[LEOHௐWKDQௐWKHௐVWDQGDUGௐELGGLQJௐSURFHVVௐௐ6RXUFHZHOOௐLVௐDQௐRUJDQL]DWLRQௐWKDWௐDLGVௐJRYHUQPHQWௐHQWLWLHVௐWRௐVWD\ௐFRPSHWLWLYHௐZLWKRXWௐWKHௐIUXVWUDWLRQVௐDQGௐLVVXHVௐLQYROYHGௐZLWKௐWKHௐWUDGLWLRQDOௐELGGLQJௐSURFHVVௐௐ7KLVௐ FRQWUDFWௐFDQௐEHௐFXVWRPL]HGௐWRௐPHHWௐWKHௐXQLTXHௐQHHGVௐRIௐHDFKௐFOLHQWௐௐ7KHௐVDOHVௐWHDPௐKDVௐLQFRUSRUDWHGௐQRWௐ RQO\ௐWKLVௐVWDQGDUGௐRIௐLQWHJULW\ௐLQௐWKHLUௐVDOHVௐSUDFWLFHௐHQVXULQJௐFOLHQWV¶ௐSXUFKDVLQJௐQHHGVௐZLOOௐDOZD\VௐEHௐPHWௐௐ7KHௐFRVWௐVDYLQJVௐDQGௐVWUHVVIUHHௐQDWXUHௐRIௐWKHௐFRRSHUDWLYHௐFRQWUDFWVௐIDYRUVௐWKDWௐRIௐWKHௐWUDGLWLRQDOௐELGGLQJௐ SURFHVVௐௐ,WௐHQDEOHVௐYHQGRUVௐWRௐZRUNௐZLWKௐTXDOLI\LQJௐJRYHUQPHQWௐHQWLWLHVௐLQௐDௐPRUHௐHIILFLHQWௐPDQQHUௐௐ:HௐYRZௐ WRௐPDLQWDLQௐWKHVHௐOHYHOVௐRIௐVWDQGDUGVௐDFURVVௐWKHௐERDUGௐWKURXJKRXWௐDOOௐGHSDUWPHQWVௐZLWKLQௐWKHௐFRPSDQ\  Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC         $UHௐ\RXUௐSURGXFWVௐRUௐVHUYLFHVௐDYDLODEOHௐWKURXJKௐDQௐHSURFXUHPHQWௐRUGHULQJௐSURFHVV"ௐ,Iௐ VRௐGHVFULEHௐ\RXUௐHSURFXUHPHQWௐV\VWHPௐDQGௐKRZௐJRYHUQPHQWDOௐDQGௐHGXFDWLRQDOௐFXVWRPHUVௐKDYHௐXVHGௐLW 2XUௐZHEVLWHௐSURYLGHVௐDௐKDQGVRQௐHPSRZHULQJௐDSSURDFKௐWRௐRUGHULQJௐYHKLFOHVௐRQOLQHௐௐ&OLHQWVௐFDQௐVHDUFKௐWKURXJKௐPDQ\ௐYHKLFOHVௐPDNHVௐDQGௐPRGHOVௐZLWKௐWKHௐDELOLW\ௐWRௐFXVWRPL]HௐDௐYHKLFOHௐWDLORUHGௐWRௐWKHLUௐVSHFLILFௐ QHHGVௐRIௐWKHLUௐDJHQF\ௐௐௐ$ௐSHUVRQDOL]HGௐTXRWHௐZLWKௐSULFLQJௐFDQௐEHௐDYDLODEOHௐLQௐDVௐOLWWOHௐDVௐௐPLQXWHVௐGHSHQGLQJௐRQௐWKHௐFRPSOH[LW\ௐRIௐWKHௐYHKLFOHௐௐௐ,IௐXSILWWLQJௐLVௐQHHGHGௐWKHௐEX\HUௐFDQௐOLVWௐWKHௐGHWDLOVௐRIௐWKHௐXSILWௐZKLOHௐEXLOGLQJௐWKHLUௐYHKLFOHௐRQௐRXUௐZHEVLWHௐWRௐUHFHLYHௐDௐFRPSOHWHௐTXRWHௐRUௐDௐVDOHVௐUHSUHVHQWDWLYHௐFDQௐEHௐ UHDFKHGௐWKURXJKௐSKRQHௐHPDLOௐRUௐRXUௐQHZௐOLYHௐFKDWௐIHDWXUHௐEXLOWௐRQௐRXUௐZHEVLWHௐௐ :HௐKDYHௐUHFHQWO\ௐFUHDWHGௐDQGௐXSORDGHGௐDௐ³+RZ7Rௐ9LGHRV´ௐVHFWLRQௐRQௐWKHௐKRPHSDJHௐRIௐRXUௐZHEVLWHௐZKLFKௐ KLJKOLJKWVௐDௐVWHSE\VWHSௐSURFHVVௐRQௐKRZௐWRௐEXLOGௐDQௐRQOLQHௐTXRWHௐௐ7KLVௐLQIRUPDWLYHௐYLGHRௐGHPRQVWUDWHVௐKRZௐWRௐQDYLJDWHௐWKHௐZHEVLWHௐLQௐKRZௐWRௐJHQHUDWHௐDௐYHKLFOHௐTXRWHௐZLWKௐRUௐZLWKRXWௐXSILWWLQJௐRSWLRQVௐௐ,WௐEHJLQVௐE\ௐ H[SODLQLQJௐKRZௐWRௐUHJLVWHUௐRQௐRXUௐZHEVLWHௐDVௐDௐPHPEHUௐDQGௐWKHQௐGHWDLOVௐRQௐKRZௐWRௐVHOHFWௐYHKLFOHௐPRGHOௐDQGௐ W\SHௐDQGௐWKHௐIDFWRU\ௐRSWLRQVௐQHHGHGௐௐௐௐ 2QFHௐDௐFXVWRPL]HGௐTXRWHௐLVௐEXLOWௐFOLHQWVௐKDYHௐWKHௐRSWLRQௐWRௐILQDOL]HௐWKHௐVDOHVௐWUDQVDFWLRQௐE\ௐVXEPLWWLQJௐDௐ SXUFKDVHௐRUGHUௐWRௐRXUௐVDOHVௐWHDPௐYLDௐHPDLOௐௐ7KLVௐJLYHVௐFRPSOHWHௐDXWRQRP\ௐWRௐWKHௐFOLHQWௐWRௐSXUFKDVHௐYHKLFOHVௐZLWKRXWௐWKHௐQHHGௐWRௐVSHDNௐWRௐDௐVDOHVௐUHSௐௐ,IௐDVVLVWDQFHௐLVௐQHHGHGௐWKH\ௐFDQௐFRQWDFWௐVDOHVௐWKURXJKௐHPDLOௐOLYHௐ FKDWௐRUௐSKRQHௐௐ ,IௐDVVLVWDQFHௐLVௐUHTXLUHGௐWRௐEXLOGௐDௐTXRWHௐRXUௐVDOHVௐUHSௐLVௐDOVRௐDYDLODEOHௐWRௐZDONௐDௐFOLHQWௐWKURXJKௐWKHௐHSURFXUHPHQWௐSURFHVVௐVWHSௐE\ௐVWHSௐௐ7KLVௐHQVXUHVௐVRPHRQHௐLVௐDYDLODEOHௐWRௐDQVZHUௐDQ\ௐTXHVWLRQVௐLIௐQHHGHGௐ DQGௐHPSRZHULQJௐWKHௐFOLHQWௐWRௐPDNHௐDQ\ௐIXWXUHௐSXUFKDVHVௐRQௐWKHLUௐRZQௐௐ&OLHQWVௐPD\ௐDOVRௐFDOOௐRUௐHPDLOௐWKHௐQHHGVௐRIௐWKHௐFRPSDQ\ௐDQGௐUHFHLYHௐDௐFXVWRPL]HGௐYHKLFOHௐTXRWH  7DEOH9DOXH$GGHG$WWULEXWHV /LQH,WHP 4XHVWLRQ 5HVSRQVH  'HVFULEHௐDQ\ௐSURGXFWௐHTXLSPHQWௐPDLQWHQDQFHௐRUௐRSHUDWRUௐWUDLQLQJௐ SURJUDPVௐWKDWௐ\RXௐRIIHUௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐ,QFOXGHௐGHWDLOVௐVXFKௐDVௐZKHWKHUௐWUDLQLQJௐLVௐVWDQGDUGௐRUௐ RSWLRQDOௐZKRௐSURYLGHVௐWUDLQLQJௐDQGௐDQ\ௐFRVWVௐWKDWௐDSSO\ 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐH[WHQGVௐDQ\ௐDQGௐDOOௐSURGXFWௐHTXLSPHQWௐPDLQWHQDQFHௐDQGௐRSHUDWLQJௐSURJUDPVௐSURYLGHGௐE\ௐWKHௐ0DQXIDFWXUHUௐGLUHFWO\ௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐGXULQJௐWKHௐTXRWLQJௐSURFHVVௐ7KHௐ PDQXIDFWXUHUௐZLOOௐSURYLGHௐTXRWHVௐWRௐWKHௐPHPEHUௐEDVHGௐRQௐWKHௐYHKLFOHVௐFODVVௐDQGௐVL]HௐDQGௐJHRJUDSKLFௐORFDWLRQௐ1$)*ௐZLOOௐDOZD\VௐSDVVௐWKHVHௐTXRWHVௐRQWRௐPHPEHUVௐDQGௐWUHDWௐWKHPௐOLNHௐDQௐXSILWௐWRௐWKHௐYHKLFOH  'HVFULEHௐDQ\ௐWHFKQRORJLFDOௐDGYDQFHVௐWKDWௐ \RXUௐSURSRVHGௐSURGXFWVௐRUௐVHUYLFHVௐRIIHU 7HFKQRORJLFDOௐDFFRPSOLVKPHQWVௐE\ௐ0DQXIDFWXUHVௐOLNHௐ)RUGௐ0RWRUௐ&RPSDQ\ௐDQGௐ*HQHUDOௐ0RWRUVௐVHUYHௐPHPEHUVௐ E\ௐNHHSLQJௐPDQ\ௐPRGHOVௐDYDLODEOHௐIRUௐPHPEHUVௐWRௐFKRRVHௐIURPௐ$GGLWLRQDOO\ௐ1$)*ௐDOORZVௐPHPEHUVௐWKHௐDELOLW\ௐWRௐFKRRVHௐWRௐHOHFWULI\ௐWKHLUௐYHKLFOHௐE\ௐRSWLQJௐLQWRௐWKHௐ0RWLYHௐ3RZHUௐ6\VWHPVௐZHௐFDQௐVWLOOௐKHOSௐVXSSO\ௐWKLVௐNLQGௐ RIௐDQௐXSILWௐ)RUௐPRUHௐLQIRUPDWLRQௐZHௐKDYHௐDWWDFKHGௐWKHௐSURGXFWௐDQGௐSULFLQJௐLQIRUPDWLRQௐZLWKLQௐWKHௐ³8SILWVௐ $YDLODEOH´ௐDQGௐ³$OOௐௐ0DQXIDFWXUHV´ௐ=,3ௐILOHVௐXQGHUௐWKHௐVXSSRUWLQJௐGRFXPHQWVௐSRUWLRQௐRIௐWKHௐDSSOLFDWLRQ   'HVFULEHௐDQ\ௐ³JUHHQ´ௐLQLWLDWLYHVௐWKDWௐUHODWHௐ WRௐ\RXUௐFRPSDQ\ௐRUௐWRௐ\RXUௐSURGXFWVௐRUௐ VHUYLFHVௐDQGௐLQFOXGHௐDௐOLVWௐRIௐWKHௐFHUWLI\LQJௐDJHQF\ௐIRUௐHDFK ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKHOSHGௐFUHDWHௐWKHௐ&OLPDWHௐ0D\RUௐ3XUFKDVLQJௐ&ROODERUDWLYHௐE\ௐSDUWQHULQJௐZLWKௐRYHUௐ ௐ0D\RUVௐQDWLRQZLGHௐ7KLVௐLQLWLDWLYHௐZDVௐFUHDWHGௐIRUௐWKHௐEHQHILWௐRIௐPHPEHUVௐZKRௐZDQWHGௐWRௐFUHDWHௐDQGௐ VXVWDLQௐDQௐDOOHOHFWULFௐIOHHWௐ:HௐRIIHUௐௐSXUHO\ௐHOHFWULFௐYHKLFOHVௐ\RXUௐPHPEHUVௐWRௐFKRRVHௐIURPௐ6RPHௐSRSXODUௐPRGHOVௐLQFOXGHௐWKHௐ&KHYUROHWௐ%ROWௐ)RUGௐ)XVLRQௐ)RUGௐ0XVWDQJௐ0DFK(ௐDVௐZHOOௐDVௐ)RUG¶VௐDOOௐHOHFWULFௐ)ௐ:Hௐ DUHௐFRQILGHQWௐWKDWௐDVௐPRUHௐ2(0¶VௐFRQWLQXHௐWRௐPDQXIDFWXUHௐQHZௐHOHFWULFௐYHKLFOHVௐZHௐZLOOௐSURYLGHௐWKHPௐIRUௐPHPEHUVௐWRௐVHOHFWௐIURPௐ0RUHௐLQIRUPDWLRQௐDERXWௐWKLVௐLQLWLDWLYHௐFDQௐEHௐIRXQGௐDWௐZZZ'ULYHHYIOHHWRUJ   ,GHQWLI\ௐDQ\ௐWKLUGSDUW\ௐLVVXHGௐHFRODEHOVௐ UDWLQJVௐRUௐFHUWLILFDWLRQVௐWKDWௐ\RXUௐFRPSDQ\ௐKDVௐUHFHLYHGௐIRUௐWKHௐHTXLSPHQWௐRUௐSURGXFWVௐLQFOXGHGௐLQௐ\RXUௐ3URSRVDOௐUHODWHGௐ WRௐHQHUJ\ௐHIILFLHQF\ௐRUௐFRQVHUYDWLRQௐOLIHF\FOHௐGHVLJQௐ FUDGOHWRFUDGOH ௐRUௐRWKHUௐJUHHQVXVWDLQDELOLW\ௐIDFWRUV 1$)*ௐKDVௐWKHௐ&DOLIRUQLDௐ$LUௐ5HVRXUFHௐ%RDUGௐ &$5% ௐ&HUWLILFDWHௐDVௐZHOOௐDVௐWKHௐ)RUGௐ4XDOLILHGௐ9HKLFOHௐ0RGLILHUௐ &HUWLILFDWHௐRQௐILOHௐZLWKௐVRPHௐRIௐRXUௐSDUWQHUௐVXSSOLHUVௐDQGௐXSILWWHUVௐKROGௐWKHVHௐFHUWLILFDWLRQVௐDQGௐWKHVHௐFHUWLILFDWLRQVௐKHOSௐLOOXVWUDWHௐKRZௐHDFKௐYHKLFOHௐFRQVHUYHVௐHQHUJ\ௐDQGௐUHPDLQVௐHQHUJ\ௐHIILFLHQW  'HVFULEHௐDQ\ௐ:RPHQௐRUௐ0LQRULW\ௐ%XVLQHVVௐ(QWLW\ௐ :0%( ௐ6PDOOௐ%XVLQHVVௐ (QWLW\ௐ 6%( ௐRUௐYHWHUDQௐRZQHGௐEXVLQHVVௐ FHUWLILFDWLRQVௐWKDWௐ\RXUௐFRPSDQ\ௐRUௐKXEௐSDUWQHUVௐKDYHௐREWDLQHGௐ8SORDGௐ GRFXPHQWDWLRQௐRIௐFHUWLILFDWLRQௐ DVௐ DSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH 1$)*ௐKROGVௐDௐFXUUHQWௐSDUWQHUVKLSௐZLWKௐPDQ\ௐVXSSOLHUVௐVRPHௐRIௐZKLFKௐDUHௐYHWHUDQௐRZHGௐVXFKௐDVௐ3DFLILFௐ7UXFNௐ%RG\ௐORFDWHGௐLQௐ&$ௐ2XUௐ)RUGௐ&KHYUROHWௐDQGௐ5DP-HHS'RGJH&KU\VOHUௐVWRUHVௐDUHௐMRLQWO\ௐRZQHGௐDQGௐRSHUDWHGௐ E\ௐ0LQRULWLHV   :KDWௐXQLTXHௐDWWULEXWHVௐGRHVௐ\RXUௐFRPSDQ\ௐ\RXUௐSURGXFWVௐRUௐ\RXUௐVHUYLFHVௐRIIHUௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHV"ௐ :KDWௐPDNHVௐ\RXUௐSURSRVHGௐVROXWLRQVௐXQLTXHௐLQௐ\RXUௐLQGXVWU\ௐDVௐLWௐDSSOLHVௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHV" ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZDVௐQRWௐRQO\ௐEXLOWௐRQௐGHGLFDWLRQௐDQGௐKDUGௐZRUNௐEXWௐDOVRௐWKURXJKௐTXDQWLILDEOHௐPHWULFVௐWKDWௐGLUHFWO\ௐPHDVXUHௐWKHௐUHVXOWVௐRIௐRXUௐHIIRUWVௐWRௐHQVXUHௐUHDOௐJRDOVௐDUHௐEHLQJௐPHDVXUHGௐDQGௐPHWௐ7KURXJKௐPHDVXULQJௐUHVXOWVௐ1$)*ௐWDNHVௐUHVSRQVLELOLW\ௐLQௐHQVXULQJௐZHௐGHOLYHUௐRQO\ௐWKHௐEHVWௐFXVWRPHUௐFDUHௐWRௐ \RXUௐPHPEHUVௐ1$)*ௐRIIHUVௐPHPEHUVௐௐKRXUௐZHEVLWHௐDFFHVVௐWRௐFXVWRPHUௐVXSSRUWௐWRௐSHUVRQDEO\ௐZDONௐPHPEHUVௐWKURXJKௐDQ\ௐTXHVWLRQVௐWKH\ௐPD\ௐKDYHௐ1RௐPDWWHUௐZKDWௐWKHௐLVVXHௐPD\ௐEHௐZHௐDOZD\VௐWKLQNௐRXWVLGHௐWKHௐER[ௐWRௐKHOSௐPHPEHUVௐILQGௐDௐVROXWLRQ  Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC        7DEOH$:DUUDQW\ 'HVFULEHLQGHWDLO\RXUPDQXIDFWXUHUZDUUDQW\SURJUDPLQFOXGLQJFRQGLWLRQVDQGUHTXLUHPHQWVWRTXDOLI\FODLPVSURFHGXUHDQGRYHUDOOVWUXFWXUH<RX PD\XSORDGUHSUHVHQWDWLYHVDPSOHVRI\RXUZDUUDQW\PDWHULDOV LIDSSOLFDEOH LQWKHGRFXPHQWXSORDGVHFWLRQRI\RXUUHVSRQVHLQDGGLWLRQWR UHVSRQGLQJWRWKHTXHVWLRQVEHORZ /LQH,WHP 4XHVWLRQ 5HVSRQVH  'Rௐ\RXUௐZDUUDQWLHVௐFRYHUௐDOOௐSURGXFWVௐSDUWVௐDQGௐODERU" (DFKௐRIௐWKHௐௐPDQXIDFWXUHVௐZHௐUHSUHVHQWௐFRYHUௐWKHLUௐRZQௐSURGXFWVௐSDUWVௐDQGௐODERUௐ$OOௐZDUUDQW\ௐLQIRUPDWLRQௐPD\ௐEHௐIRXQGௐLQௐRXUௐDWWDFKPHQWVௐXQGHUௐWKHௐ=,3ௐ)LOHௐ³$OOௐௐ 0DQXIDFWXUHV´   'Rௐ\RXUௐZDUUDQWLHVௐLPSRVHௐXVDJHௐUHVWULFWLRQVௐRUௐRWKHUௐOLPLWDWLRQVௐWKDWௐDGYHUVHO\ௐDIIHFWௐFRYHUDJH"3ULRUௐWRௐSXUFKDVHௐPHPEHUVௐVKRXOGௐEHௐDZDUHௐRIௐHDFKௐPDQXIDFWXUHU¶VௐUHVWULFWLRQVௐ6XFKௐDVௐLPSURSHUௐXVHௐRIௐWKHௐYHKLFOHௐPD\ௐUHVXOWௐLQௐGLVTXDOLILFDWLRQௐRIௐFRYHUDJHௐXQGHUௐWKHௐ2(0¶Vௐ ZDUUDQW\ௐ$QௐH[DPSOHௐRIௐWKLVௐPD\ௐEHௐDQௐ)ௐEHLQJௐXVHGௐIRUௐDௐSROLFHௐUHODWHGௐSXUVXLWௐZKLFKௐ PD\ௐYRLGௐFHUWDLQௐZDUUDQWLHVௐ$OWKRXJKௐZHௐDOZD\VௐZHOFRPHௐDQGௐHQFRXUDJHௐPHPEHUVௐWRௐFRQWDFWௐXVௐIRUௐWKHLUௐSDUWLFXODUௐZDUUDQW\ௐFRYHUDJH   'Rௐ\RXUௐZDUUDQWLHVௐFRYHUௐWKHௐH[SHQVHௐRIௐWHFKQLFLDQV¶ௐWUDYHOௐ WLPHௐDQGௐPLOHDJHௐWRௐSHUIRUPௐZDUUDQW\ௐUHSDLUV" ,QௐVRPHௐFDVHVௐPDQXIDFWXUHUVௐZLOOௐWRZௐDௐPHPEHU¶VௐYHKLFOHௐWRௐWKHௐQHDUHVWௐZDUUDQW\ௐUHSDLUௐ IDFLOLW\ௐLQௐFDVHௐRIௐDௐEUHDNGRZQௐDQGௐFRYHUௐH[SHQVHVௐEXWௐSULRUௐDSSURYDOௐLVௐUHTXLUHG  $UHௐWKHUHௐDQ\ௐJHRJUDSKLFௐUHJLRQVௐRIௐWKHௐ8QLWHGௐ6WDWHVௐRUௐ &DQDGDௐ DVௐDSSOLFDEOH ௐIRUௐZKLFKௐ\RXௐFDQQRWௐSURYLGHௐDௐFHUWLILHGௐWHFKQLFLDQௐWRௐSHUIRUPௐZDUUDQW\ௐUHSDLUV"ௐௐ+RZௐZLOOௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐWKHVHௐUHJLRQVௐEHௐSURYLGHGௐ VHUYLFHௐIRUௐZDUUDQW\ௐUHSDLU" 7KLVௐPD\ௐYDU\ௐIURPௐPDQXIDFWXUHUௐWRௐPDQXIDFWXUHUௐ7KXVௐZHௐHQFRXUDJHௐPHPEHUVௐWRௐFDOOௐLQௐ SULRUௐWRௐSXUFKDVHௐDQGௐLQTXLUHௐDERXWௐWKHLUௐVSHFLILFௐUHJLRQௐDQGௐKRZௐWKHLUௐZDUUDQW\ௐUHSDLUVௐZLOOௐEHௐFRYHUHGௐZLWKௐWKHLUௐPDQXIDFWXUHU  :LOOௐ\RXௐFRYHUௐZDUUDQW\ௐVHUYLFHௐIRUௐLWHPVௐPDGHௐE\ௐRWKHUௐPDQXIDFWXUHUVௐWKDWௐDUHௐSDUWௐRIௐ\RXUௐSURSRVDOௐRUௐDUHௐWKHVHௐ ZDUUDQWLHVௐLVVXHVௐW\SLFDOO\ௐSDVVHGௐRQௐWRௐWKHௐRULJLQDOௐHTXLSPHQWௐPDQXIDFWXUHU" $OOௐZDUUDQWLHVௐDUHௐW\SLFDOO\ௐSDVVHGௐRQௐWRௐWKHௐRULJLQDOௐHTXLSPHQWௐPDQXIDFWXUHUௐDQGௐDQ\ௐXSILWௐZDUUDQW\ௐZLOOௐEHௐSDVVHGௐRQௐWRௐWKHௐXSILWWHUௐWRௐSHUIRUP  :KDWௐDUHௐ\RXUௐSURSRVHGௐH[FKDQJHௐDQGௐUHWXUQௐSURJUDPVௐDQGௐ SROLFLHV" ,IௐDௐPHPEHUௐFKDQJHVௐWKHLUௐPLQGௐ1$)*ௐZLOOௐTXLFNO\ௐPDNHௐHYHU\ௐHIIRUWௐWRௐFKDQJHௐRUௐFDQFHOௐ WKHௐRUGHUௐZLWKௐWKHௐIDFWRU\ௐ+RZHYHUௐRQFHௐWKHௐPDQXIDFWXUHUௐEHJLQVௐSURGXFLQJௐWKHௐYHKLFOHௐWKHUHௐDUHௐQRௐFKDQJHVௐH[FKDQJHVௐRUௐUHIXQGVௐDYDLODEOHௐ7KHௐRUGHUௐLVௐWKHQௐGHHPHGௐQRQFDQFHOODEOHௐ 7KLVௐLQFOXGHVௐDQ\ௐXSILWௐHTXLSPHQWௐDQௐXSILWWHUௐKDVௐRUGHUHGௐIRUௐWKHௐXQLW   'HVFULEHௐDQ\ௐVHUYLFHௐFRQWUDFWௐRSWLRQVௐIRUௐWKHௐLWHPVௐLQFOXGHGௐLQௐ\RXUௐSURSRVDO1$)*ௐRIIHUVௐDQ\ௐDQGௐDOOௐPDQXIDFWXUHUௐVHUYLFHௐFRQWUDFWVௐIRUௐDOOௐPHPEHUVௐ7KHUHௐDUHௐVHYHUDOௐSDUDPHWHUVௐLQௐZKLFKௐDௐVHUYLFHௐFRQWUDFWௐPD\ௐEHௐFXVWRPL]DEOHௐ7KHVHௐFXVWRPL]HGௐVHUYLFHௐ FRQWUDFWVௐZLOOௐEHௐWUHDWHGௐDVௐDGGௐIDFWRU\ௐRSWLRQVௐDQGௐIROORZLQJௐWKHௐVDPHௐGLVFRXQWௐVFKHGXOHௐSURYLGHGௐLQௐWKHௐSULFLQJௐILOH  7DEOH%3HUIRUPDQFH6WDQGDUGVRU*XDUDQWHHV 'HVFULEHLQGHWDLO\RXUSHUIRUPDQFHVWDQGDUGVRUJXDUDQWHHVLQFOXGLQJFRQGLWLRQVDQGUHTXLUHPHQWVWRTXDOLI\FODLPVSURFHGXUHDQGRYHUDOOVWUXFWXUH<RXPD\ XSORDGUHSUHVHQWDWLYHVDPSOHVRI\RXUSHUIRUPDQFHPDWHULDOV LIDSSOLFDEOH LQWKHGRFXPHQWXSORDGVHFWLRQRI\RXUUHVSRQVHLQDGGLWLRQWRUHVSRQGLQJWRWKH TXHVWLRQVEHORZ /LQH,WHP 4XHVWLRQ 5HVSRQVH  'HVFULEHௐDQ\ௐSHUIRUPDQFHௐVWDQGDUGVௐRUௐJXDUDQWHHVௐ WKDWௐDSSO\ௐWRௐ\RXUௐVHUYLFHV 7KHௐRQO\ௐJXDUDQWHHௐZHௐFDQௐHYHUௐSURYLGHௐLVௐWKHௐJXDUDQWHHௐWKDWௐZHௐZLOOௐWUHDWௐDQGௐKHOSௐHYHU\ௐPHPEHUௐ WKDWௐFRQWDFWVௐZLWKௐUHVSHFWௐLQWHJULW\ௐDQGௐSURIHVVLRQDOLVP  'HVFULEHௐDQ\ௐVHUYLFHௐVWDQGDUGVௐRUௐJXDUDQWHHVௐWKDWௐDSSO\ௐWRௐ\RXUௐVHUYLFHVௐ SROLFLHVௐPHWULFVௐ.3,VௐHWF 1$)*ௐDQGௐVWDIIௐXSKROGௐKLJKௐVWDQGDUGVௐZLWKௐKRZௐZHௐSURYLGHௐVHUYLFHௐWRௐWKHௐPHPEHUVௐQRWௐRQO\ௐKROGLQJௐHDFKௐRWKHUௐDFFRXQWDEOHௐEXWௐE\ௐHPEUDFLQJௐPHPEHUௐIHHGEDFNௐRIௐKRZௐZHௐFDQௐLPSURYHௐ7KHQௐZHௐDFWௐ XSRQௐLWௐDQGௐLPSOHPHQWௐLPSURYHPHQWV  7DEOH3D\PHQW7HUPVDQG)LQDQFLQJ2SWLRQV /LQH ,WHP 4XHVWLRQ 5HVSRQVH  'HVFULEHௐ\RXUௐSD\PHQWௐWHUPVௐDQGௐDFFHSWHGௐSD\PHQWௐ PHWKRGV" 6WDQGDUGௐSD\PHQWௐWHUPVௐDUHௐ1HWௐௐZLWKௐDௐௐ±ௐGD\ௐJUDFHௐSHULRG  'HVFULEHௐDQ\ௐOHDVLQJௐRUௐILQDQFLQJௐRSWLRQVௐDYDLODEOHௐIRUௐ XVHௐE\ௐHGXFDWLRQDOௐRUௐJRYHUQPHQWDOௐHQWLWLHV ௐ,QௐRUGHUௐWRௐSURYLGHௐOHDVLQJௐRUௐILQDQFLQJௐRSWLRQVௐ1$)*ௐKDVௐSDUWQHUHGௐZLWKௐ1DWLRQDOௐ&RRSHUDWLYHௐ/HDVLQJௐWRௐ RIIHUௐOHDVLQJௐWHUPVௐIRUௐ6RXUFHZHOOௐPHPEHUVௐIRUௐDOOௐ1$)*ௐTXRWHVௐXQGHUௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐ)RUௐIXUWKHUௐ UHYLHZௐZHௐKDYHௐDWWDFKHGௐDௐ3')ௐFDOOHGௐ³1&/ௐ6DPSOHௐ/HDVH´ௐLQௐWKHௐ³0HPEHUௐ:DONௐ7KURXJK´ௐ=LSௐILOH   'HVFULEHௐDQ\ௐVWDQGDUGௐWUDQVDFWLRQௐGRFXPHQWVௐWKDWௐ\RXௐ SURSRVHௐWRௐXVHௐLQௐFRQQHFWLRQௐZLWKௐDQௐDZDUGHGௐFRQWUDFWௐ RUGHUௐIRUPVௐWHUPVௐDQGௐFRQGLWLRQVௐVHUYLFHௐOHYHOௐDJUHHPHQWVௐHWF ௐ8SORDGௐDௐVDPSOHௐRIௐHDFKௐ DVௐ DSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS¶VௐWUDQVDFWLRQௐSURFHVVௐ 3XUFKDVHௐ2UGHU ௐLVௐFORVHO\ௐWUDFNHGௐZHOOௐGRFXPHQWHGௐDQGௐ QHDWO\ௐRUJDQL]HGௐWRௐPRQLWRUௐHDFKௐWUDQVDFWLRQௐSHUIRUPHGௐWKURXJKௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ7KLVௐZD\ௐ1$)*ௐPD\ௐSURGXFHௐVZLIWௐDQGௐDFFXUDWHௐTXDUWHUO\ௐUHSRUWLQJ  'Rௐ\RXௐDFFHSWௐWKHௐ3FDUGௐSURFXUHPHQWௐDQGௐSD\PHQWௐ SURFHVV"ௐ,IௐVRௐLVௐWKHUHௐDQ\ௐDGGLWLRQDOௐFRVWௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐIRUௐXVLQJௐWKLVௐSURFHVV" <HVௐ1$)*ௐDFFHSWVௐXSௐWRௐௐSHUௐYHKLFOHௐ+RZHYHUௐDQ\ௐGROODUௐDPRXQWௐKLJKHUௐWKDQௐௐZLOOௐUHTXLUHௐDௐ3 FDUGௐ&UHGLWௐ&DUGௐWUDQVDFWLRQDOௐIHHௐWKDWௐZRXOGௐEHௐSDVVHGௐRQWRௐWKHௐPHPEHU  Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC        7DEOH3ULFLQJDQG'HOLYHU\ 3URYLGHGHWDLOHGSULFLQJLQIRUPDWLRQLQWKHTXHVWLRQVWKDWIROORZEHORZ.HHSLQPLQGWKDWUHDVRQDEOHSULFHDQGSURGXFWDGMXVWPHQWVFDQEHPDGHGXULQJWKHWHUPRI DQDZDUGHG&RQWUDFWDVGHVFULEHGLQWKH5)3WKHWHPSODWH&RQWUDFWDQGWKH6RXUFHZHOO3ULFHDQG3URGXFW&KDQJH5HTXHVW)RUP /LQH ,WHP 4XHVWLRQ 5HVSRQVH  'HVFULEHௐ\RXUௐSULFLQJௐPRGHOௐ HJௐOLQHLWHPௐGLVFRXQWVௐRUௐSURGXFWFDWHJRU\ௐ GLVFRXQWV ௐ3URYLGHௐGHWDLOHGௐSULFLQJௐGDWDௐ LQFOXGLQJௐVWDQGDUGௐRUௐOLVWௐSULFLQJௐDQGௐWKHௐ6RXUFHZHOOௐGLVFRXQWHGௐSULFH ௐRQௐDOOௐRIௐWKHௐLWHPVௐWKDWௐ\RXௐ ZDQWௐ6RXUFHZHOOௐWRௐFRQVLGHUௐDVௐSDUWௐRIௐ\RXUௐ5)3ௐUHVSRQVHௐ,IௐDSSOLFDEOHௐ SURYLGHௐDௐ6.8ௐIRUௐHDFKௐLWHPௐLQௐ\RXUௐSURSRVDOௐ8SORDGௐ\RXUௐSULFLQJௐPDWHULDOVௐ LIௐDSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐLVௐRIIHULQJௐ/LQH,WHPௐ'LVFRXQWVௐ2IIௐ0DQXIDFWXUHௐ 6XJJHVWHGௐ5HWDLOௐ3ULFHௐIRUௐௐPDQXIDFWXUHUVௐWKDWௐLVௐGHWDLOHGௐLQௐWKHௐ3ULFHௐ)LOHௐ1$)*ௐZLOOௐDOVRௐRIIHUௐDQ\ௐ8SILWVௐWRௐEHௐDGGHGௐWRௐDQ\ௐDQGௐDOOௐYHKLFOHV¶ௐWKDWௐPHPEHUVௐ ZLVKௐWRௐDGGௐ'HWDLOVௐDUHௐORFDWHGௐRQௐWKHௐ3ULFHௐ6XPPDU\ௐ3DJHௐLQௐWKHௐ3ULFHௐ)LOH  4XDQWLI\ௐWKHௐSULFLQJௐGLVFRXQWௐUHSUHVHQWHGௐE\ௐWKHௐSULFLQJௐSURSRVDOௐLQௐWKLVௐ UHVSRQVHௐ)RUௐH[DPSOHௐLIௐWKHௐSULFLQJௐLQௐ\RXUௐUHVSRQVHௐUHSUHVHQWVௐDௐSHUFHQWDJHௐGLVFRXQWௐIURPௐ0653ௐRUௐOLVWௐVWDWHௐWKHௐSHUFHQWDJHௐRUௐ SHUFHQWDJHௐUDQJH 1$)*ௐKDVௐDQௐSURYLGHGௐRIIHULQJVௐIURPௐௐ%UDQGV2(06ௐDQGௐWKHUHௐUHVSHFWLYHௐ SHUFHQWDJHௐRIIௐYDU\ௐDQGௐDUHௐGHWDLOHGௐLQௐWKHௐ3ULFHௐ)LOHௐ]LSௐ (DFKௐ0DQXIDFWXUHௐ5DQJHௐLVௐGHWDLOHGௐLQௐWKHௐWDEVௐEHORZௐKHUHௐLVௐDQௐRYHUYLHZௐௐௐௐௐௐௐௐௐௐௐௐ&KHYUROHWௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ )RUGௐ0RWRUௐ&RPSDQ\ௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ*0&ௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ5DPௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ 'RGJHௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ-HHSௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ&KU\VOHUௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ 7R\RWDௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ+RQGDௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ1LVVDQௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ %XLFNௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐ.LDௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ %0:ௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ &DGLOODFௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ9RONVZDJHQௐIURPௐௐWRௐௐ   'HVFULEHௐDQ\ௐTXDQWLW\ௐRUௐYROXPHௐGLVFRXQWVௐRUௐUHEDWHௐSURJUDPVௐWKDWௐ\RXௐ RIIHU ,IௐFOLHQWVௐDUHௐFRQVLGHULQJௐDQௐRUGHUௐRIௐௐRUௐPRUHௐXQLWVௐZHௐHQFRXUDJHௐPHPEHUVௐ WRௐFRQWDFWௐXVௐIRUௐDQ\ௐDGGLWLRQDOௐGLVFRXQWHGௐTXRWHV  3URSRVHௐDௐPHWKRGௐRIௐIDFLOLWDWLQJௐ³VRXUFHG´ௐSURGXFWVௐRUௐUHODWHGௐVHUYLFHVௐ ZKLFKௐPD\ௐEHௐUHIHUUHGௐWRௐDVௐ³RSHQௐPDUNHW´ௐLWHPVௐRUௐ³QRQVWDQGDUGௐRSWLRQV´ௐ)RUௐH[DPSOHௐ\RXௐPD\ௐVXSSO\ௐVXFKௐLWHPVௐ³DWௐFRVW´ௐRUௐ³DWௐFRVWௐSOXVௐDௐSHUFHQWDJH´ௐRUௐ\RXௐPD\ௐVXSSO\ௐDௐTXRWHௐIRUௐHDFKௐVXFKௐUHTXHVW ³2SHQௐ0DUNHW´ௐSURGXFWVௐRUௐ³6RXUFHGௐ*RRGV´ௐZLOOௐEHௐFRQVLGHUHGௐDQGௐWUHDWHGௐDVௐ UHJXODUௐXSILWVௐ+RZHYHUௐWKH\ௐPD\ௐEHௐTXRWHGௐXSௐWRௐDௐௐPDUNௐXSௐLIௐDSSOLFDEOH  ,GHQWLI\ௐDQ\ௐHOHPHQWௐRIௐWKHௐWRWDOௐFRVWௐRIௐDFTXLVLWLRQௐWKDWௐLVௐ127ௐLQFOXGHGௐLQௐWKHௐSULFLQJௐVXEPLWWHGௐZLWKௐ\RXUௐUHVSRQVHௐ7KLVௐLQFOXGHVௐDOOௐDGGLWLRQDOௐFKDUJHVௐDVVRFLDWHGௐZLWKௐDௐSXUFKDVHௐWKDWௐDUHௐQRWௐGLUHFWO\ௐLGHQWLILHGௐDVௐ IUHLJKWௐRUௐVKLSSLQJௐFKDUJHVௐ)RUௐH[DPSOHௐOLVWௐFRVWVௐIRUௐLWHPVௐOLNHௐSUHGHOLYHU\ௐLQVSHFWLRQௐLQVWDOODWLRQௐVHWௐXSௐPDQGDWRU\ௐWUDLQLQJௐRUௐLQLWLDOௐLQVSHFWLRQௐ,GHQWLI\ௐDQ\ௐSDUWLHVௐWKDWௐLPSRVHௐVXFKௐFRVWVௐDQGௐWKHLUௐ UHODWLRQVKLSௐWRௐWKHௐ3URSRVHU $OOௐFRQVLGHUDWLRQVௐKDYHௐDOUHDG\ௐEHHQௐWDNHQௐLQWRௐDFFRXQWௐLQௐLWVௐHQWLUHO\ௐ7KHௐ3ULFHௐ6XPPDU\ௐ3DJHௐDQGௐ3ULFHௐ7DEOHௐFRQWDLQHGௐLQௐWKHௐSULFHௐILOHௐLQFOXGHVௐDOOௐFRQVLGHUHGௐFRVWVௐ$OWKRXJKௐLIௐDௐPHPEHUௐUHTXHVWHGௐDௐVSHFLDOL]HGௐTXRWHௐIRUௐDௐXQLTXHௐVLWXDWLRQௐ WKDWௐUHTXLUHVௐVSHFLDOௐWUDLQLQJௐGLUHFWLRQௐRUௐLQVWDOODWLRQௐWKHௐDGGLWLRQDOௐFRVWVௐZRXOGௐEHௐDGGHGௐDVௐDௐSDUWௐRIௐWKHௐXSILWௐDQGௐWKHQௐLQFOXGHGௐLQVLGHௐWKHௐPHPEHU¶VௐTXRWH   ,IௐIUHLJKWௐGHOLYHU\ௐRUௐVKLSSLQJௐLVௐDQௐDGGLWLRQDOௐFRVWௐWRௐWKHௐ6RXUFHZHOOௐ SDUWLFLSDWLQJௐHQWLW\ௐGHVFULEHௐLQௐGHWDLOௐWKHௐFRPSOHWHௐIUHLJKWௐVKLSSLQJௐDQGௐ GHOLYHU\ௐSURJUDP $OOௐPDQXIDFWXUHVௐFKDUJHௐDௐVWDQGDUGௐ³)DFWRU\ௐ'HVWLQDWLRQௐ&KDUJH´ௐ+RZHYHUௐWKDWௐLVௐ VHSDUDWHௐIURPௐWKHௐIUHLJKWGHVWLQDWLRQௐFRVWௐWKDWௐPHPEHUVௐPD\ௐLQFXUௐWRௐVKLSௐDௐYHKLFOHௐ WRௐDQGௐIURPௐDQௐLQVWDOOHUௐLIௐDSSOLFDEOHௐ7KHVHௐVXEVHTXHQWௐORFDWLRQDOௐPRYHPHQWVௐPD\ௐEDUHௐDGGLWLRQDOௐIUHLJKWௐFRVWVௐWKDWௐZLOOௐEHௐRXWOLQHGௐZLWKLQௐWKHௐPHPEHUVௐTXRWHௐIRUௐ WKHLUௐUHYLHZௐSULRUௐWRௐSXUFKDVH   6SHFLILFDOO\ௐGHVFULEHௐIUHLJKWௐVKLSSLQJௐDQGௐGHOLYHU\ௐWHUPVௐRUௐSURJUDPVௐDYDLODEOHௐIRUௐ$ODVNDௐ+DZDLLௐ&DQDGDௐRUௐDQ\ௐRIIVKRUHௐGHOLYHU\)UHLJKWௐVKLSSLQJௐDQGௐGHOLYHU\ௐWHUPVௐDPRQJௐWKHVHௐUHJLRQVௐVRPHWLPHVௐFDUU\ௐDGGLWLRQDOௐORJLVWLFDOௐFKDUJHVௐIRUௐDGGHGௐIHUU\ௐSRUWௐDQGௐGULYHUௐFRVWVௐIURPௐERWKௐWRௐDQGௐ IURPௐWKHௐPDLQODQGௐ7KHVHௐDGGHGௐFRVWVௐZLOOௐEHௐGLVFORVHGௐRQௐWKHௐTXRWHௐIRUௐPHPEHUVௐWRௐUHYLHZௐDQGௐDSSURYHௐSULRUௐWRௐSXUFKDVH   'HVFULEHௐDQ\ௐXQLTXHௐGLVWULEXWLRQௐDQGRUௐGHOLYHU\ௐPHWKRGVௐRUௐRSWLRQVௐ RIIHUHGௐLQௐ\RXUௐSURSRVDO 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐDOUHDG\ௐKDVௐDௐZHOOHVWDEOLVKHGௐ$XWRPRELOHௐ)UDQFKLVHௐ 'LVWULEXWLRQௐ1HWZRUNௐWKDWௐDOORZVௐIRUௐVZLIWௐDQGௐUHODWLYHO\ௐVHDPOHVVௐGHOLYHU\ௐWRௐPHPEHUVௐDQGௐWKHLUௐHQGௐXVHUV  7DEOH3ULFLQJ2IIHUHG /LQH,WHP 7KH3ULFLQJ2IIHUHGLQWKLV3URSRVDOLV &RPPHQWV  FEHWWHUWKDQWKH3URSRVHUW\SLFDOO\RIIHUVWR*32VFRRSHUDWLYHSURFXUHPHQWRUJDQL]DWLRQVRUVWDWHSXUFKDVLQJGHSDUWPHQWV 1$)*ௐ6WULYHVௐWRௐRIIHUௐWKHௐEHVWௐ RYHUDOOௐYDOXHௐWRௐWKHௐPHPEHUௐZLWKௐHDFKௐDQGௐHYHU\ௐTXRWH Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC        7DEOH$XGLWDQG$GPLQLVWUDWLYH)HH /LQH ,WHP 4XHVWLRQ 5HVSRQVH  6SHFLILFDOO\ௐGHVFULEHௐDQ\ௐVHOIDXGLWௐSURFHVVௐRUௐSURJUDPௐWKDWௐ\RXௐSODQௐWRௐHPSOR\ௐWRௐYHULI\ௐFRPSOLDQFHௐZLWKௐ\RXUௐSURSRVHGௐ&RQWUDFWௐZLWKௐ6RXUFHZHOOௐ7KLVௐSURFHVVௐLQFOXGHVௐHQVXULQJௐWKDWௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐREWDLQௐWKHௐSURSHUௐSULFLQJௐ WKDWௐWKHௐ9HQGRUௐUHSRUWVௐDOOௐVDOHVௐXQGHUௐWKHௐ&RQWUDFWௐHDFKௐTXDUWHUௐDQGௐWKDWௐWKHௐ9HQGRUௐUHPLWVௐWKHௐSURSHUௐDGPLQLVWUDWLYHௐIHHௐWRௐ6RXUFHZHOOௐ3URYLGHௐVXIILFLHQWௐGHWDLOௐWRௐVXSSRUWௐ\RXUௐDELOLW\ௐWRௐUHSRUWௐTXDUWHUO\ௐVDOHVௐWRௐ6RXUFHZHOOௐDVௐGHVFULEHGௐLQௐWKHௐ &RQWUDFWௐWHPSODWH 6RXUFHZHOOௐSDUWLFLSDWLQJௐPHPEHUVௐDUHௐDEOHௐWRௐREWDLQௐSURSHUௐSULFLQJௐGLUHFWO\ௐIURPௐRXUௐZHEVLWHௐZKHUHௐWKH\ௐDUHௐDEOHௐWRௐXVHௐRXUௐXVHUIULHQGO\ௐGHVLJQௐWRௐEXLOGௐDQGௐSULFHௐWKHLUௐYHKLFOHVௐ7KHௐ1$)*ௐLVௐXSGDWHGௐGDLO\ௐWRௐUHIOHFWௐ XSGDWHGௐPDQXIDFWXUHUௐ0653ௐLQIRUPDWLRQௐ2XUௐV\VWHPௐZLOOௐSURYLGHௐPHPEHUVௐZLWKௐDQௐDFFXUDWHௐTXRWHௐௐRIௐWKHௐWLPHௐ,QௐDGGLWLRQௐ1$)*ௐKDVௐDௐVWUHDPௐOLQHௐDQGௐRUJDQL]HGௐSURFHVVௐKDWௐFDOFXODWHVௐDGPLQLVWUDWLYHௐIHHVௐDQGௐ DOORZVௐ1$)*ௐWRௐJLYHௐDௐWXUQDURXQGௐWLPHௐRIௐௐ±ௐௐGD\VௐIRUௐTXDUWHUO\ௐUHSRUWV   ,Iௐ\RXௐDUHௐDZDUGHGௐDௐFRQWUDFWௐSURYLGHௐDௐIHZௐH[DPSOHVௐRIௐLQWHUQDOௐPHWULFVௐWKDWௐ ZLOOௐEHௐWUDFNHGௐWRௐPHDVXUHௐZKHWKHUௐ\RXௐDUHௐKDYLQJௐVXFFHVVௐZLWKௐWKHௐFRQWUDFW 2QHௐRIௐWKHௐLQWHUQDOௐPHWULFVௐ1$)*ௐXVHVௐWRௐWUDFNௐDQGௐPHDVXUHௐVXFFHVVௐ ZLWKௐWKHௐ6RXUFHZHOOௐ&RQWUDFWௐLVௐPDLQWDLQHGௐWKURXJKௐRXUௐZHEVLWHௐ2XUௐZHEVLWHௐNHHSVௐDௐGHWDLOHGௐORJௐRIௐTXRWHVௐWKDWௐPHPEHUVௐDUHௐJHQHUDWLQJௐ:Hௐ RYHUVHHௐDQGௐNHHSௐWUDFNௐRIௐKRZௐPDQ\ௐTXRWHVௐDUHௐEHLQJௐJHQHUDWHGௐDQGௐ ZKLFKௐTXRWHVௐDUHௐPHWௐZLWKௐDௐSXUFKDVHௐRUGHUௐ(YHU\ௐPRQWKௐZHௐHYDOXDWHௐRXUௐVDOHVௐLQGLFDWRUVௐDQGௐFORVHO\ௐPRQLWRUௐWKHௐYROXPHௐDQGௐIUHTXHQF\ௐRIௐVDOHVௐ 2QHௐH[DPSOHௐLVௐE\ௐHYDOXDWLQJௐZKLFKௐPHPEHUVௐDUHௐSXUFKDVLQJௐIURPௐRXUௐ SODWIRUPௐ±ௐQHZௐPHPEHUVௐRUௐIUHTXHQWௐPHPEHUVௐWRௐHQVXUHௐZHௐDUHௐJURZLQJௐRXUௐPHPEHUௐEDVHௐ:HௐXVHௐWKHVHௐPHWULFVௐWRௐPHDVXUHௐRXUௐSURMHFWHGௐJURZWKௐ UDWHௐDQGௐZRUNௐWRௐH[FHHGௐRXUௐH[SHFWDWLRQV   ,GHQWLI\ௐDௐSURSRVHGௐDGPLQLVWUDWLYHௐIHHௐWKDWௐ\RXௐZLOOௐSD\ௐWRௐ6RXUFHZHOOௐIRUௐIDFLOLWDWLQJௐPDQDJLQJௐDQGௐSURPRWLQJௐWKHௐ6RXUFHZHOOௐ&RQWUDFWௐLQௐWKHௐHYHQWௐWKDWௐ \RXௐDUHௐDZDUGHGௐDௐ&RQWUDFWௐௐ7KLVௐIHHௐLVௐW\SLFDOO\ௐFDOFXODWHGௐDVௐDௐSHUFHQWDJHௐRIௐ9HQGRU¶VௐVDOHVௐXQGHUௐWKHௐ&RQWUDFWௐRUௐDVௐDௐSHUXQLWௐIHHௐLWௐLVௐQRWௐDௐOLQHLWHPௐDGGLWLRQௐWRௐWKHௐ0HPEHU¶VௐFRVWௐRIௐJRRGVௐ 6HHௐWKHௐ5)3ௐDQGௐWHPSODWHௐ&RQWUDFWௐIRUௐ DGGLWLRQDOௐGHWDLOV 1$)*ௐZLOOௐVXEPLWௐௐௐSHUௐYHKLFOHௐSXUFKDVHGௐWKURXJKௐ1$)*ௐDQGௐௐௐSHUௐYHKLFOHௐSXUFKDVHGௐWKRXJKௐRXUௐSDUWQHUௐGHDOHUௐ$ODQௐ-D\ௐ$XWRPRWLYHௐ)RUௐ WKHௐSXUSRVHௐRIௐDQௐDGPLQௐIHHௐWKHUHௐDUHௐQRௐRWKHUௐSDUWQHUௐGHDOHUௐJURXSVௐFRQVLGHUHG 7DEOH$'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV /LQH ,WHP 4XHVWLRQ 5HVSRQVH  3URYLGHௐDௐGHWDLOHGௐGHVFULSWLRQௐRIௐWKHௐHTXLSPHQWௐSURGXFWVௐDQGௐVHUYLFHVௐWKDWௐ\RXௐDUHௐRIIHULQJௐLQௐ\RXUௐSURSRVDO 1$)*ௐKDVௐSURYLGHGௐDௐ³0RGHOௐ5ROOௐ2XW´ௐ&KDUWVௐLQௐWKHௐ³3ULFHௐ)LOH´ௐ]LSௐEXWௐRIௐWKHௐௐPDQXIDFWXUHUVௐZHௐUHSUHVHQWௐWKH\ௐKDYHௐRYHUௐௐPDNHVௐDQGௐPRGHOVௐIRUௐPHPEHUVௐWRௐFKRRVHௐIURPௐWKDWௐUDQJHௐIURPௐ&ODVVௐௐDQGௐVXSSRUWLQJௐ&ODVVௐௐ&DEௐDQGௐ&KDVVLVௐWUXFNVௐ1$)*¶VௐSODWIRUPVௐFDQௐDGGௐDQ\ௐXSILWௐRIௐWKHLUௐ FKRRVLQJௐUDQJLQJௐIURPௐWRROER[HVௐWRௐ/LQHௐ0HFKDQLFௐ%RGLHVௐ$Q\ௐDQGௐDOOௐXSILWVௐFDQௐEHௐDGGHGௐWRௐDQ\ௐRQHௐRIௐRXUௐYHKLFOHVௐWKURXJKௐRQHௐRIௐRXUௐXSILWௐSDUWQHUௐVXSSOLHUVௐRUௐE\ௐDQௐXSILWௐVXSSOLHUௐRIௐWKHௐPHPEHUVௐFKRRVLQJௐ1$)*ௐDQGௐWKHௐVXSSOLHUௐZLOOௐZRUNௐWRJHWKHUௐWRௐVXSSO\ௐPHPEHUVௐZLWKௐWXUQNH\ௐTXRWHV   :LWKLQௐWKLVௐ5)3ௐFDWHJRU\ௐWKHUHௐPD\ௐEHௐVXEFDWHJRULHVௐRIௐVROXWLRQVௐ/LVWௐVXEFDWHJRU\ௐWLWOHVௐWKDWௐEHVWௐGHVFULEHௐ \RXUௐSURGXFWVௐDQGௐVHUYLFHV 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐOLVWVௐWKHௐPDNHVௐDQGௐPRGHOVௐRIௐDOOௐௐPDQXIDFWXUHUVௐZHௐUHSUHVHQWௐXQGHUௐWKHௐ=,3ௐ)LOHௐ³$OOௐௐ0DQXIDFWXUHV´ௐௐ7KHVHௐௐ2(0VௐPDNHௐXSௐRYHUௐௐFRPELQHGௐPDNHVௐPRGHOVௐDQGௐ HQJLQHௐFRPELQDWLRQVௐIRUௐPHPEHUVௐWRௐVHOHFWௐIURPௐDORQJௐZLWKௐVHYHUDOௐVXEWLWOHௐ³8SILWV´ௐGHWDLOHGௐIRUௐ PHPEHUVௐLQௐWKHௐSULFHௐILOH  7DEOH%'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV ,QGLFDWHEHORZLIWKHOLVWHGW\SHVRUFODVVHVRIHTXLSPHQWSURGXFWVDQGVHUYLFHVDUHRIIHUHGZLWKLQ\RXUSURSRVDO3URYLGHDGGLWLRQDOFRPPHQWVLQWKHWH[WER[ SURYLGHGDVQHFHVVDU\ /LQH,WHP &DWHJRU\RU7\SH 2IIHUHG &RPPHQWV  $XWRPRELOHV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐPDNHVௐDQGௐPRGHOV  6SRUWௐ8WLOLW\ௐ9HKLFOHV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐPDNHVௐDQGௐPRGHOV  9DQV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐPDNHVௐDQGௐPRGHOV  7UXFNV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐPDNHVௐDQGௐPRGHOV  9HKLFOHVௐGHVFULEHGௐLQௐ/LQHVௐௐDERYHௐIRUௐ3XEOLFௐ6DIHW\ௐ DSSOLFDWLRQV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ PDNHVௐDQGௐPRGHOV  &RQYHQWLRQDOௐLQWHUQDOௐFRPEXVWLRQௐPRGHOV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ PDNHVௐDQGௐPRGHOV  1DWXUDOௐJDVௐRUௐSURSDQHௐDXWRJDVௐK\EULGௐRUௐDOWHUQDWLYHௐIXHOௐ PRGHOV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ PDNHVௐDQGௐPRGHOV  (OHFWULFௐSRZHUHGௐPRGHOV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ PDNHVௐDQGௐPRGHOV Bid Number: RFP 091521 Vendor Name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³0DUNHWLQJ3ODQ´ 3ULFLQJ1$)*3ULFH)LOHIRU%LG]LS0RQGD\6HSWHPEHU )LQDQFLDO6WUHQJWKDQG6WDELOLW\0DUNHW6XFFHVVDQG)LQDQFLDO6WDELOLW\]LS0RQGD\6HSWHPEHU 0DUNHWLQJ3ODQ6DPSOHV0DUNHWLQJ3ODQ&RPSUHVVHG]LS7XHVGD\6HSWHPEHU :0%(0%(6%(RU5HODWHG&HUWLILFDWHV,QVXUDQFHDQG5HODWHG'RFXPHQWV]LS7XHVGD\6HSWHPEHU :DUUDQW\,QIRUPDWLRQ:DUUDQWLHV5)3]LS7XHVGD\6HSWHPEHU 6WDQGDUG7UDQVDFWLRQ'RFXPHQW6DPSOHV6WDQGDUG7UDQVDFWLRQ]LS0RQGD\6HSWHPEHU 8SORDG$GGLWLRQDO'RFXPHQW$//0DNHVDQG8SILWV]LS7XHVGD\6HSWHPEHU Bid Number: RFP 091521 Vendor Name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¶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³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURORIWKH8QLWHG6WDWHV 'HSDUWPHQWRIWKH7UHDVXU\IRXQGDWKWWSVZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI   ,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDWKWWSVVDPJRY6$0RU   3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHGE\WKH6WDWHRI0LQQHVRWD WKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOHRUDQ\3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULW QRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVHUHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶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id Number: RFP 091521 Vendor Name: 72 HOUR LLC        &KHFNWKHER[LQWKHFROXPQ,KDYHUHYLHZHGWKLVDGGHQGXPEHORZWRDFNQRZOHGJHHDFKRIWKHDGGHQGD )LOH1DPH ,KDYHUHYLHZHGWKH EHORZDGGHQGXPDQGDWWDFKPHQWV LI DSSOLFDEOH 3DJHV $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B :HG6HSWHPEHU30  $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B 7XH6HSWHPEHU30  $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B 7KX$XJXVW30  $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B0RQ$XJXVW$0  $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B 6XQ$XJXVW30  $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B 7KX$XJXVW30  Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC        060920-NAF Rev. 2/2020 1 Solicitation Number: RFP #060920 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 1, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in       060920-NAF Rev. 2/2020 2 Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.       060920-NAF Rev. 2/2020 3 Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.       060920-NAF Rev. 2/2020 4 A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.       060920-NAF Rev. 2/2020 5 B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.       060920-NAF Rev. 2/2020 6 B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for the administrative fee amount of $400 multiplied by the total number of trucks purchased by Participating Entities from Vendor under this Contract, and $200 multiplied by the number of trucks purchased by Participating Entities from Vendor’s partner dealer Alan Jay Automotive in Florida, during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter.       060920-NAF Rev. 2/2020 7 Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused       060920-NAF Rev. 2/2020 8 by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INDEMNIFICATION As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and       060920-NAF Rev. 2/2020 9 promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.       060920-NAF Rev. 2/2020 10 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:       060920-NAF Rev. 2/2020 11 x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit       060920-NAF Rev. 2/2020 12 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 – annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.       060920-NAF Rev. 2/2020 13 C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs       060920-NAF Rev. 2/2020 14 operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work       060920-NAF Rev. 2/2020 15 Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.       060920-NAF Rev. 2/2020 16 F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right       060920-NAF Rev. 2/2020 17 also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell 72 Hour LLC dba: National Auto Fleet Group By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper Title: Director of Operations & Procurement/CPO Title: Fleet Manager Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date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id Number: RFP 060920 Vendor Name: 72 HOUR LLC       6SHFLILFDWLRQV 7DEOH3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV *HQHUDO,QVWUXFWLRQV DSSOLHVWRDOO7DEOHV 6RXUFHZHOOSUHIHUVDEULHIEXWWKRURXJKUHVSRQVHWRHDFKTXHVWLRQ3OHDVHGRQRWPHUHO\ DWWDFKDGGLWLRQDOGRFXPHQWVWR\RXUUHVSRQVHZLWKRXWDOVRSURYLGLQJDVXEVWDQWLYHUHVSRQVH'RQRWOHDYHDQVZHUVEODQNPDUN³1$´LI WKHTXHVWLRQGRHVQRWDSSO\WR\RX SUHIHUDEO\ZLWKDQH[SODQDWLRQ   /LQH ,WHP 4XHVWLRQ 5HVSRQVH  3URSRVHUௐ/HJDOௐ1DPHௐ DQGௐ DSSOLFDEOHௐGEDௐLIௐDQ\  ௐ+RXUௐ//&ௐ'%$ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS   3URSRVHUௐ$GGUHVV ௐ$XWRௐ&HQWHUௐ'ULYH :DWVRQYLOOHௐ&$ௐ  3URSRVHUௐZHEVLWHௐDGGUHVVZZZ1DWLRQDO$XWR)OHHW*URXSFRP   3URSRVHU Vௐ$XWKRUL]HGௐ5HSUHVHQWDWLYHௐ QDPHௐWLWOHௐ DGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH ௐ 7KHௐUHSUHVHQWDWLYHௐPXVWௐKDYHௐ DXWKRULW\ௐWRௐVLJQௐWKHௐ³3URSRVHU¶Vௐ $VVXUDQFHௐRIௐ&RPSOLDQFH´ௐRQௐ EHKDOIௐRIௐWKHௐ3URSRVHUௐDQGௐLQௐWKHௐ HYHQWௐRIௐDZDUGௐZLOOௐEHௐH[SHFWHGௐௐWRௐH[HFXWHௐWKHௐUHVXOWLQJௐFRQWUDFW  -HVVHௐ&RRSHU )OHHWௐ0DQDJHU ௐ$XWRௐ&HQWHUௐ'ULYH :DWVRQYLOOHௐ&$ௐ -FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP   3URSRVHU VௐSULPDU\ௐFRQWDFWௐIRUௐWKLVௐ SURSRVDOௐ QDPHௐWLWOHௐDGGUHVVௐ HPDLOௐDGGUHVVௐ ௐSKRQH  -HVVHௐ&RRSHU  )OHHWௐ0DQDJHUௐ$XWRௐ&HQWHUௐ'ULYH :DWVRQYLOOHௐ&$ௐ -FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP   3URSRVHU VௐRWKHUௐFRQWDFWVௐIRUௐWKLVௐSURSRVDOௐLIௐDQ\ௐ QDPHௐWLWOHௐ DGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH  &ODUNHௐ&RRSHU )OHHWௐ0DQDJHU ௐ$XWRௐ&HQWHUௐ'ULYH :DWVRQYLOOHௐ&$ௐ &ODUNHFRRSHU#ZRQGULHVFRP 7DEOH&RPSDQ\,QIRUPDWLRQDQG)LQDQFLDO6WUHQJWK /LQH,WHP 4XHVWLRQ 5HVSRQVH  3URYLGHௐDௐEULHIௐKLVWRU\ௐRIௐ\RXUௐFRPSDQ\ௐ LQFOXGLQJௐ\RXUௐFRPSDQ\¶VௐFRUHௐYDOXHVௐ EXVLQHVVௐSKLORVRSK\ௐDQGௐLQGXVWU\ௐORQJHYLW\ௐ UHODWHGௐWRௐWKHௐUHTXHVWHGௐHTXLSPHQWௐSURGXFWVௐ RUௐVHUYLFHV 1$)*ௐZDVௐRULJLQDOO\ௐHVWDEOLVKHGௐLQௐௐZKHQௐZHௐZHQWௐE\ௐ:RQGULHVௐ)OHHWௐ*URXSௐ ORFDWHGௐLQௐ6RXWKHUQௐ&DOLIRUQLDௐ6WDUWLQJௐZLWKௐDௐVLQJOHௐDXWRPRELOHௐGHDOHUVKLSௐP\ௐIDWKHUௐ &ODUNHௐ&RRSHUௐKDVௐJURZQௐRXUௐQHWZRUNௐWRௐRYHUௐௐGHDOHUVKLSVௐERWKௐLQௐDQGௐRXWVLGHௐRIௐ &DOLIRUQLDௐௐ:HௐKDYHௐDOZD\VௐKLUHGௐDQGௐSURPRWHGௐIURPௐZLWKLQௐRXUௐRUJDQL]DWLRQௐWRௐKHOSௐ SURPRWHௐRXUௐFXOWXUHௐ0RVWௐRIௐRXUௐ)OHHWௐ'LYLVLRQௐ0DQDJHUVௐZKRௐVWDUWHGௐZLWKௐXVௐEDFNௐ LQௐௐDUHௐVWLOOௐZLWKௐXVௐWRGD\ௐ :HௐKDYHௐHYROYHGௐRYHUௐWKHௐGHFDGHVௐWRௐDGDSWௐWRௐWKHௐLPSURYLQJௐLQGXVWU\ௐWHFKQRORJ\ௐWRௐ WKHௐDGYDQFHPHQWௐRIௐRQFHௐJDVSRZHUHGௐYHKLFOHVௐWRௐQRZௐIXHOௐFHOOௐSRZHUHGௐ(YHQௐLQௐ WRGD\¶VௐIDVWௐFKDQJLQJௐPDUNHWSODFHௐRXUௐFRUHௐYDOXHVௐKDYHௐQHYHUௐFKDQJHGௐ2XUௐFRUHௐ YDOXHVௐDUHௐ$OZD\VௐGRௐZKDW¶VௐULJKWௐIRUௐWKHௐFXVWRPHUௐ\RXௐWDNHௐFDUHௐRIௐWKHPௐDQGௐWKH\ௐ ZLOOௐWDNHௐFDUHௐRIௐ\RX 2XUௐ%XVLQHVVௐSKLORVRSK\ௐKDVௐDOZD\VௐEHHQௐWKHௐௐ5,*+7¶6ௐWRௐHYHU\ௐFOLHQWௐௐ'HOLYHUௐWKHௐ5,*+7ௐYHKLFOHௐDWௐWKHௐ5,*+7ௐWLPHௐWRௐWKHௐ5,*+7ௐSODFHௐDQGௐWKHௐ5,*+7ௐSULFHௐ 2XUௐORQJHYLW\ௐFDQௐEHVWௐEHௐGLVSOD\HGௐZLWKௐDௐIHZௐVWDWHPHQWVௐ:HௐDUHௐDQGௐKDYHௐDOZD\Vௐ EHHQௐIDPLO\ௐRZQHGௐDQGௐRSHUDWHGௐ:HௐKDYHௐGHHSௐIDPLO\ௐURRWVௐLQௐWKHௐDXWRPRELOHௐ EXVLQHVVௐZLWKௐIXWXUHௐJHQHUDWLRQVௐLQௐWKHௐLQIDQWௐVWDJHVௐWRGD\ௐ:HௐSODQௐRQௐOHDGLQJௐRXUௐ LQGXVWU\ௐIRUௐGHFDGHVௐWRௐFRPH  Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC        :KDWௐDUHௐ\RXUௐFRPSDQ\¶VௐH[SHFWDWLRQVௐLQௐWKHௐ HYHQWௐRIௐDQௐDZDUG" ,IௐDZDUGHGௐDQRWKHUௐ6RXUFHZHOOௐ&RQWUDFWௐWKLVௐZRXOGௐEHௐRXUௐWKௐDQGௐOLNHௐRXUௐSULRUௐௐ FRQWUDFWVௐZHௐZLOOௐJURZௐ\HWௐDJDLQௐE\ௐFRPSRXQGLQJௐRXUௐNQRZOHGJHௐDQGௐFXVWRPHUௐ VHUYLFHௐH[SHULHQFHௐZHௐKDYHௐJDLQHGௐIURPௐVHUYLQJௐPHPEHUVௐIURPௐDFURVVௐRXUௐJUHDWௐ QDWLRQௐ\HWௐDJDLQௐWRௐQHZௐKHLJKWVௐ:HௐZDQWௐWRௐJURZௐRXUௐGLYLVLRQVௐZLWKௐPRUHௐVWDIIௐDQGௐSDUWLFXODUO\ௐJURZௐRXUௐ3DUWQHUௐ3URJUDPௐZKLFKௐLVௐGHWDLOHGௐLQௐWKHௐ=LSௐILOHௐLQௐWKHௐDGGLWLRQDOௐ'RFXPHQWVௐXSORDGௐ2XUௐ3DUWQHUௐSURJUDPௐDOORZVௐPHPEHUVௐWRௐVXJJHVWௐDQGௐ HYHQௐUHFRPPHQGௐWKHUHௐORFDOௐXSILWWHUVௐWRௐ1$)*ௐWRௐSDUWQHUௐRQௐDQ\ௐWXUQௐNH\ௐTXRWHௐ:Hௐ VHHௐDௐWUHPHQGRXVௐYDOXHௐLQௐJLYLQJௐWKHௐDELOLW\ௐWRௐWKHௐPHPEHUௐWRௐVXSSO\ௐWKHௐXSILWWHUௐRIௐ WKHUHௐFKRLFHௐWRௐ1$)*ௐLQௐRUGHUௐWRௐSURYLGHௐDௐௐWXUQௐNH\ௐVROXWLRQ   'HPRQVWUDWHௐ\RXUௐILQDQFLDOௐVWUHQJWKௐDQGௐ VWDELOLW\ௐZLWKௐPHDQLQJIXOௐGDWDௐ7KLVௐFRXOGௐ LQFOXGHௐVXFKௐLWHPVௐDVௐILQDQFLDOௐVWDWHPHQWVௐ 6(&ௐILOLQJVௐFUHGLWௐDQGௐERQGௐUDWLQJVௐOHWWHUVௐ RIௐFUHGLWௐDQGௐGHWDLOHGௐUHIHUHQFHௐOHWWHUVௐ 8SORDGௐVXSSRUWLQJௐGRFXPHQWVௐ DVௐDSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH :HௐKDYHௐXSORDGHGௐWKHௐIROORZLQJௐXQGHUௐWKHௐVHFWLRQௐ)LQDQFLDOௐ6WUHQJWKௐ%DQNௐ FRPPLWPHQWௐOHWWHUVௐௐWKDWௐZHௐKDYHௐEHHQௐXWLOL]LQJௐZLWKௐRXUௐFXUUHQWௐ6RXUFHZHOOௐ&RQWUDFWVௐ ZKLFKௐH[WHQGௐDௐGLUHFWௐOLQHௐRIௐFUHGLWௐXSௐWRௐௐௐDQGௐPRUHௐLIௐQHHGHGௐWRௐVHUYHௐ PHPEHUௐQHHGVௐ 0DUNHWௐ6XFFHVVௐZLWKௐFRSLHVௐRIௐUHFHQWௐFXUUHQWௐFRQWUDFWVௐRIௐRYHUௐௐௐZRUWKௐRIௐSURGXFWVௐDQGௐJRRGVௐIURPௐDௐGLUHFWௐUHVXOWௐRIௐRXUௐFXUUHQWௐ6RXUFHZHOOௐ&RQWUDFWVௐZKLFKௐDUH ௐௐௐௐ&LW\ௐRIௐ6DQௐ'LHJRௐ&$ௐௐௐFRQWUDFWௐXQGHUௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ 1$) ௐௐௐௐ&LW\ௐRIௐ6DQௐ'LHJRௐ&$ௐௐௐFRQWUDFWௐXQGHUௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ 1$) ௐௐௐௐ*RYHUQPHQWௐ)OHHWௐ$UWLFOHௐ+LJKOLJKWLQJௐRXUௐWUDQVDFWLRQௐZLWKௐWKHௐ&LW\ௐRIௐ6DQௐ'LHJRௐ&$ௐSURFXULQJௐRYHUௐௐ3ROLFHௐYHKLFOHVௐWKURXJKௐ1$)*ௐ6RXUFHZHOOௐ&RQWUDFWௐ1$) ௐௐௐௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ:RUOGௐ$LUSRUWVௐ&$ௐ&RQWUDFWௐIRUௐௐௐXQGHUௐ 6RXUFHZHOOௐ&RQWUDFWௐ1$)ௐIRUௐWKHௐSURFXUHPHQWௐRIௐௐYHKLFOHV ௐௐௐௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ+DUERUௐ&$ௐ&RQWUDFWௐ([WHQVLRQௐWRௐௐௐFRQWUDFWௐ XQGHUௐ6RXUFHZHOOௐ&RQWUDFWௐ1$) ௐௐௐௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ+DUERUௐ&$ௐ&RQWUDFWௐIRUௐௐௐXQGHUௐRXUௐ6RXUFHZHOOௐ &RQWUDFWௐ1$)ௐௐௐௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ+DUERUௐ&$ௐ5HQHZDOௐIRUௐDQRWKHUௐௐௐXQGHUௐ 6RXUFHZHOOௐ&RQWUDFWௐ&ODVVௐௐௐDQGௐௐ&RQWUDFWௐ1$)ௐ ௐௐௐௐ&LW\ௐRIௐ&RVWDௐ0HVDௐ&$ௐ&RQWUDFWௐIRUௐௐௐXQGHUௐRXUௐ6RXUFHZHOOௐ &RQWUDFWௐ1$) ௐௐௐௐ%ODQNHWௐ&RQWUDFWௐZLWKௐWKHௐ6WDWHௐRIௐ0DU\ODQGௐ0'ௐRIIௐRXUௐFXUUHQWௐ&ODVVௐௐௐDQGௐ ௐ&KDVVLVௐ&RQWUDFWௐ1$) ௐௐௐௐ%ODQNHWௐ&RQWUDFWௐZLWKௐWKHௐ6WDWHௐRIௐ0DU\ODQGௐ0'ௐRIIௐRXUௐ&XUUHQWௐ6RXUFHZHOOௐ &RQWUDFWௐ1$) &RPPLWPHQWௐ/HWWHU¶VௐIRUௐௐ\HDUV¶ௐZRUWKௐRIௐFRQWLQXHGௐXQZDULO\ௐVXSSRUWௐIURPௐODUJHௐ QDWLRQDOௐXSILWௐVXSSOLHUVௐVXFKௐDVௐ7KHௐ.QDSKHLGHௐ0DQXIDFWXULQJௐ&RPSDQ\ௐZLWKௐLW¶Vௐ GLVWULEXWRUௐEDVHௐQDWLRQௐZLGHௐGRZQௐWRௐUHJLRQDOௐVXSSRUWௐIURPௐ3KHQL[ௐ7UXFNௐ%RG\ௐLQௐ 6RXWKHUQௐ&$ௐDVௐDQௐH[DPSOHௐ$OOௐRIௐZKLFKௐFXUUHQWO\ௐKHOSௐVXSSRUWௐRXUௐFXUUHQWௐPHPEHUVௐ FOLHQWVௐZLWKௐFXUUHQWௐDQGௐSDVWௐRUGHUVௐWKH\ௐKDYHௐKDGௐZLWKௐ1$)*ௐ :HௐKDYHௐ0HPEHUௐ5HFRPPHQGDWLRQVௐDWWDFKHGௐVKRZLQJௐQRWௐRQO\ௐGRHVௐ1$)*ௐSUDFWLFHௐ ZLWKௐZHௐSUHDFKௐEXWௐ0HPEHU¶VௐFDQௐVWDQGௐEHKLQGௐ1$)*ௐDVௐZHOOௐ :HௐKDYHௐ8SILWWHUௐ5HFRPPHQGDWLRQVௐDVௐZHOOௐWRௐVKRZௐQRWௐRQO\ௐ1$)*ௐLVௐDௐJRRGௐ SDUWQHUௐIRUௐPHPEHUVௐEXWௐDOVRௐDௐJRRGௐSDUWQHUௐWRௐSDUWQHUௐZLWKௐ1RWௐRQO\ௐGRHVௐWDNLQJௐ FDUHௐRIௐWKHௐPHPEHUௐMXVWௐLQYROYHௐWKHௐGHDOHUௐLWௐDOVRௐPXVWௐDQGௐZLOOௐDOZD\VௐLQFOXGHௐWKHௐ XSILWWHUௐDORQJௐZLWKௐWKHௐHQWLUHௐVXSSO\ௐFKDLQௐ$OOௐRIௐZKLFKௐJRHVௐWRZDUGVௐVHUYLQJௐWKHௐPHPEHUVௐ ௐ:HௐKDYHௐSURYLGHGௐGRFXPHQWDWLRQௐRIௐWKHௐ6WDWHௐRIௐ0DU\ODQGௐDGRSWLQJௐRXUௐFXUUHQWௐ &ODVVௐௐௐDQGௐௐFRQWUDFWௐGHPRQVWUDWLQJௐRXUௐDELOLW\ௐWRௐJRௐDIWHUௐDQGௐVKRZௐ6WDWHVௐ WKHUH¶VௐDௐEHWWHUௐZD\ௐRIௐGRLQJௐEXVLQHVVௐ /DVWO\ௐZHௐKDYHௐVKRZQௐRXUௐ*URZWKௐZHௐKDYHௐKDGௐZLWKௐ6RXUFHZHOOௐIURPௐௐZKHQௐZHௐ ZHUHௐILUVWௐDZDUGHGௐ:HௐKRSHௐWKLVௐRQO\ௐVKRZVௐWKHௐWUDMHFWRU\ௐRIௐZKHUHௐZHௐDUHௐH[SHFWLQJௐWRௐWDNHௐRXUௐIXWXUHௐH[SHFWDWLRQV   :KDWௐLVௐ\RXUௐ86ௐPDUNHWௐVKDUHௐIRUௐWKHௐ VROXWLRQVௐWKDWௐ\RXௐDUHௐSURSRVLQJ" 2XUௐ86ௐ0DUNHWௐ6KDUHௐIRUௐWKHௐSURGXFWVௐDQGௐ0RGHO¶VௐZHௐDUHௐRIIHULQJௐLVௐURXJKO\ௐ ௐDVௐWKHௐௐPDQXIDFWXUHUVௐUHSUHVHQWௐ1$)*ௐPDUNHWௐVKDUHௐLVௐURXJKO\ௐHVWLPDWHGௐௐRIௐௐ*RYHUQPHQWௐ)OHHWௐ6DOHV   :KDWௐLVௐ\RXUௐ&DQDGLDQௐPDUNHWௐVKDUHௐIRUௐWKHௐ VROXWLRQVௐWKDWௐ\RXௐDUHௐSURSRVLQJ" 1$)*ௐFXUUHQWௐ&DQDGLDQௐPDUNHWௐVKDUHௐLVௐ]HURௐKRZHYHUௐSODQVௐDUHௐLQௐSODFHௐWRௐ DJJUHVVLYHO\ௐJRௐDIWHUௐWKHௐ&DQDGLDQௐPDUNHW   +DVௐ\RXUௐEXVLQHVVௐHYHUௐSHWLWLRQHGௐIRUௐ EDQNUXSWF\ௐSURWHFWLRQ"ௐ,IௐVRௐH[SODLQௐLQௐGHWDLO 1R Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC        +RZௐLVௐ\RXUௐRUJDQL]DWLRQௐEHVWௐGHVFULEHGௐLVௐLWௐ DௐPDQXIDFWXUHUௐDௐGLVWULEXWRUGHDOHUUHVHOOHUௐRUௐ DௐVHUYLFHௐSURYLGHU"ௐௐ$QVZHUௐZKLFKHYHUௐ TXHVWLRQௐ HLWKHUௐD ௐRUௐE ௐMXVWௐEHORZ ௐEHVWௐDSSOLHVௐWRௐ\RXUௐRUJDQL]DWLRQD ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐ GLVWULEXWRUGHDOHUUHVHOOHUௐ RUௐVLPLODUௐHQWLW\ ௐ SURYLGHௐ\RXUௐZULWWHQௐDXWKRUL]DWLRQௐWRௐDFWௐDVௐDௐ GLVWULEXWRUGHDOHUUHVHOOHUௐIRUௐWKHௐPDQXIDFWXUHUௐ RIௐWKHௐSURGXFWVௐSURSRVHGௐLQௐWKLVௐ5)3ௐ,Iௐ DSSOLFDEOHௐLVௐ\RXUௐGHDOHUௐQHWZRUNௐ LQGHSHQGHQWௐRUௐFRPSDQ\ௐRZQHG"E ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐPDQXIDFWXUHUௐRUௐVHUYLFHௐSURYLGHUௐGHVFULEHௐ \RXUௐUHODWLRQVKLSௐZLWKௐ\RXUௐVDOHVௐDQGௐVHUYLFHௐ IRUFHௐDQGௐZLWKௐ\RXUௐGHDOHUௐQHWZRUNௐLQௐ GHOLYHULQJௐWKHௐSURGXFWVௐDQGௐVHUYLFHVௐSURSRVHGௐ LQௐWKLVௐ5)3ௐ$UHௐWKHVHௐLQGLYLGXDOVௐ\RXUௐ HPSOR\HHVௐRUௐWKHௐHPSOR\HHVௐRIௐDௐWKLUGௐSDUW\" 1$)*ௐLVௐEHVWௐGHVFULEHGௐDVௐ³$´ௐDௐ'LVWULEXWHU'HDOHU5HVHOOHU'HDOHUௐ3DUWQHUௐIRUௐWKHௐௐ 0DQXIDFWXUHUVௐFRQWDLQHGௐLQௐRXUௐUHVSRQVHௐ)RUGௐ0RWRUௐ&RPSDQ\ௐ5$0ௐ&KHYUROHWௐ +LQRௐ,VX]Xௐ,QWHUQDWLRQDOௐ9ROYRௐ)UHLJKWOLQHUௐ:HVWHUQௐ6WDUௐ0DFNௐ.HQZRUWKௐDQGௐ 3HWHUELOWௐ$OOௐRUGHUVௐDUHௐSODFHGௐZLWKௐIUDQFKLVHGௐGHDOHUVKLSVௐDQGௐXOWLPDWHO\ௐWLWOHGௐWRௐWKHௐPHPEHUௐ$OOௐRXUௐDSSURSULDWHௐFHUWLILFDWHVௐFDQௐEHௐYLHZHGௐLQௐWKHௐ³5HODWHGௐ&HUWLILFDWLRQ´ௐVHFWLRQௐIRUௐHLWKHUௐRXUௐGHDOHUVKLSVௐGLUHFWௐRUௐRXUௐSDUWQHUௐGHDOHUVௐ\RXௐZLOOௐILQGௐDOOௐ DSSURSULDWHௐFHUWLILFDWHVௐ:HௐGRௐQRWௐVHOOௐXVHGௐHTXLSPHQWௐWRௐWKHௐPHPEHUVௐௐ$VௐZHOOௐ \RXௐZLOOௐILQGௐ1$)*ௐKDVௐQDPHGௐRXUௐGHDOHUௐSDUWQHUVௐDVௐDGGLWLRQDOௐLQVXUHGௐXQGHUௐRXUௐ SROLF\  ,IௐDSSOLFDEOHௐSURYLGHௐDௐGHWDLOHGௐH[SODQDWLRQௐ RXWOLQLQJௐWKHௐOLFHQVHVௐDQGௐFHUWLILFDWLRQVௐWKDWௐ DUHௐERWKௐUHTXLUHGௐWRௐEHௐKHOGௐDQGௐDFWXDOO\ௐ KHOGௐE\ௐ\RXUௐRUJDQL]DWLRQௐ LQFOXGLQJௐWKLUGௐSDUWLHVௐDQGௐVXEFRQWUDFWRUVௐWKDWௐ\RXௐXVH ௐLQௐSXUVXLWௐRIௐWKHௐEXVLQHVVௐFRQWHPSODWHGௐE\ௐWKLVௐ 5)3 $ௐ'HDOHUௐ/LFHQVHௐDQGௐ)UDQFKLVHௐDJUHHPHQWௐLVVXHGௐE\ௐWKHௐ0DQXIDFWXUHௐ'HSDUWPHQWௐ RIௐ0RWRUௐ9HKLFOHVௐ/LFHQVHௐDORQJௐZLWKௐDௐ5HVHOOHU¶VௐSHUPLWௐDUHௐWKHௐPRVWௐSHUWLQHQWௐ OLFHQVHVௐWRௐKROGௐ,QௐWKHௐDWWDFKPHQWௐLQௐVHFWLRQௐ³5HODWHGௐ&HUWLILFDWLRQ´ௐ\RXௐZLOOௐILQGௐWKHௐ IROORZLQJௐHLWKHUௐDVௐDௐVROHO\ௐRZQHGௐHQWLW\ௐRUௐE\ௐRXUௐSDUWQHUௐGHDOHUௐZHௐMRLQWO\ௐKROGௐ,56ௐ$SSURYHGௐ)(7ௐ1XPEHU&$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐ &$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐ 'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐ1XPEHUௐ 'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐ1XPEHUௐ 'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐ1XPEHUௐ %XUHDXௐRIௐ$XWRPRWLYHௐUHSDLUௐ5HJLVWUDWLRQௐௐ$5'ௐ &$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐ&LW\ௐRIௐ:DWVRQYLOOHௐ%XVLQHVVௐ/LFHQVHௐ1XPEHUௐ &LW\ௐRIௐ:DWVRQYLOOHௐ%XVLQHVVௐ/LFHQVHௐ1XPEHUௐ )LFWLWLRXVௐ%XVLQHVVௐ1DPHVௐIURPௐ6DQWDௐ&UX]ௐ&RXQW\ௐIRUௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐ )%1ௐ &DOLIRUQLDௐ*HQHUDOௐ5HVDOHௐ&HUWLILFDWHௐ 'XQௐ ௐ%UDGVWUHHWௐ1XPEHUௐ *RYHUQPHQWௐRIௐ7KHௐ'LVWULFWௐRIௐ&ROXPELDௐ&HUWLILFDWH *RYHUQPHQWௐRIௐWKHௐ'LVWULFWௐRIௐ&ROXPELDௐ7D[ௐ5HJLVWUDWLRQௐௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ7D[ௐ5HJLVWUDWLRQௐ *RYHUQPHQWௐRIௐ7KHௐ'LVWULFWௐRIௐ&ROXPELDௐ&/($1ௐ+$1'6ௐ&(57,),&$7,21 6DQௐ'LHJRௐ)UHLJKWOLQHUௐ6HOOHU¶Vௐ3HUPLW &RPPRQZHDOWKௐRIௐ9LUJLQLDௐ6WDWHௐ&RUSRUDWLRQௐ&RPPLVVLRQௐ&HUWLILFDWHௐ 6WDWHௐRIௐ0DU\ODQGௐ*RRGௐ6WDQGLQJௐ&HUWLILFDWHௐ .DQVDVௐ'HSDUWPHQWௐRIௐ5HYHQXHௐIRUௐ.DQVDVௐ&LW\ௐ3HWHUELOW 1HZௐ-HUVH\ௐ'HSDUWPHQWௐRIௐ7UHDVXU\ௐ5HJLVWUDWLRQௐ&HUWLILFDWH1HZௐ-HUVH\ௐ%XVLQHVVௐ5HJLVWUDWLRQௐ1RWLFHௐRIௐ&RPSOLDQFHௐRIௐWKHௐ&DQWRQௐ&LW\ௐ&RGLILHGௐ2UGLQDQFHௐ (PSOR\HHௐ,QIRUPDWLRQௐ5HSRUWௐIRUௐWKHௐ6WDWHௐRIௐ1HZௐ-HUVH\ௐ 6WDWHௐRIௐ0DU\ODQGௐ1HZௐ6DOHVௐDQGௐ8VHௐWD[ௐ/LFHQVHௐ &$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐௐ 6RXWKௐ&DUROLQDௐ'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHVௐ/LFHQVHௐ1XPEHUௐ 6WDWHௐRIௐ6RXWKௐ&DUROLQDௐ5HWDLOௐ/LFHQVHௐ &RPPRQZHDOWKௐRIௐ.HQWXFN\ௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐௐௐ6WDWHௐRIௐ:HVWௐ9LUJLQLDௐ'HDOHUௐ/LFHQVHௐ&RPPRQZHDOWKௐRIௐ.HQWXFN\ௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐௐௐ 6WDWHௐRIௐ7HQQHVVHHௐ9HKLFOHௐ'HDOHUௐ/LFHQVH   3URYLGHௐDOOௐ³6XVSHQVLRQௐRUௐ'HEDUPHQW´ௐLQIRUPDWLRQௐWKDWௐKDVௐDSSOLHGௐWRௐ\RXUௐ RUJDQL]DWLRQௐGXULQJௐWKHௐSDVWௐWHQௐ\HDUV 'RHVௐQRWௐDSSO\ Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC       7DEOH,QGXVWU\5HFRJQLWLRQ 0DUNHWSODFH6XFFHVV /LQH ,WHP 4XHVWLRQ 5HVSRQVH  'HVFULEHௐDQ\ௐUHOHYDQWௐLQGXVWU\ௐDZDUGVௐRUௐ UHFRJQLWLRQௐWKDWௐ\RXUௐFRPSDQ\ௐKDVௐUHFHLYHGௐLQௐWKHௐSDVWௐILYHௐ\HDUV 7KHௐPRVWௐSURGLJLRXVௐDZDUGௐ1$)*ௐKDVௐUHFHLYHGௐLQௐWKHௐSDVWௐௐ\HDUVௐZRXOGௐEHௐ7RSௐ 3ODFHPHQWௐLQௐ)RUGௐ0RWRUௐ&RPSDQ\ௐDVௐDௐOHDGLQJௐGHDOHUVKLSௐLQௐ*RYHUQPHQWௐ6DOHVௐIROORZHGௐE\ௐRXUௐKLJKௐUDQNLQJௐUHFRJQLWLRQௐIURPௐ*HQHUDOௐ0RWRUVௐIRUௐRXUௐ&KHYUROHWௐEUDQGௐௐ%RWKௐ1$)*ௐKDVௐUHFHLYHGௐௐRIௐWKHௐSDVWௐௐ\HDUV   :KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐ JRYHUQPHQWDOௐVHFWRUௐLQௐWKHௐSDVWௐWKUHHௐ\HDUV $VௐDQௐRUJDQL]DWLRQௐPRVWௐRIௐRXUௐVDOHVௐDUHௐIRFXVHGௐRQௐUHWDLOௐKRZHYHUௐLQௐRXUௐGLYLVLRQௐ LQௐ)OHHWௐZHௐKDYHௐVROGௐWRௐDERXWௐௐ*RYHUQPHQWௐDFFRXQWV  :KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐ HGXFDWLRQௐVHFWRUௐLQௐWKHௐSDVWௐWKUHHௐ\HDUV $VௐDௐSHUFHQWDJHௐRIௐRXUௐVDOHVௐLQௐWKHௐ*RYHUQPHQWௐDERXWௐௐZRXOGௐEHௐFRQVLGHUHGௐ WRௐ8QLYHUVLWLHVௐDQGௐ8QLILHGௐ6FKRROௐ'LVWULFWV  /LVWௐDQ\ௐVWDWHௐSURYLQFLDOௐRUௐFRRSHUDWLYHௐ SXUFKDVLQJௐFRQWUDFWVௐWKDWௐ\RXௐKROGௐ:KDWௐLVௐ WKHௐDQQXDOௐVDOHVௐYROXPHௐIRUௐHDFKௐRIௐWKHVHௐ FRQWUDFWVௐRYHUௐWKHௐSDVWௐWKUHHௐ\HDUV" :HௐKROGௐWKHௐ6WDWHௐRIௐ&DOLIRUQLDௐFRQWUDFWௐZLWKௐYROXPHVௐIURPௐௐWRௐௐXQLWVௐDௐ\HDUௐ GXULQJௐWKHௐSDVWௐWKUHHௐ\HDUVௐ6HFRQGௐRXUௐ6RXUFHZHOOௐ&RQWUDFW¶VௐௐௐDQGௐ ௐZKLFKௐRYHUௐWKHௐSDVWௐWKUHHௐ\HDUVௐKDVௐVROGௐDௐYROXPHௐRIௐௐௐRIௐ &RPELQHGௐ4XDUWHUO\ௐ6DOHV   /LVWௐDQ\ௐ*6$ௐFRQWUDFWVௐRUௐ6WDQGLQJௐ2IIHUVௐ DQGௐ6XSSO\ௐ$UUDQJHPHQWVௐ 626$ ௐWKDWௐ\RXௐ KROGௐ:KDWௐLVௐWKHௐDQQXDOௐVDOHVௐYROXPHௐIRUௐ HDFKௐRIௐWKHVHௐFRQWUDFWVௐRYHUௐWKHௐSDVWௐWKUHHௐ\HDUV" 1$)*ௐIRFXVௐLVௐRQௐRXUௐ6RXUFHZHOOௐ&RQWUDFWVௐZHௐGRௐQRWௐKROGௐDQ\ௐRWKHUௐEHVLGHVௐWKHௐ 6WDWHௐRIௐ&DOLIRUQLD  7DEOH5HIHUHQFHV7HVWLPRQLDOV /LQH,WHP6XSSO\UHIHUHQFHLQIRUPDWLRQIURPWKUHHFXVWRPHUVZKRDUHHOLJLEOHWREH6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHV (QWLW\1DPH &RQWDFW1DPH 3KRQH1XPEHU 3RUWௐRIௐ/RVௐ$QJHOHVௐ&$ 0Uௐ'DYHௐ&RPHU  &RXQW\ௐRIௐ9HQWXUHௐ&$ 0Uௐ-RUJHௐ%RQLOOD  &LW\ௐRIௐ$XVWLQௐ7; 0Uௐ0DWWௐ6DJHU  7DEOH7RS)LYH*RYHUQPHQWRU(GXFDWLRQ&XVWRPHUV /LQH,WHP3URYLGHDOLVWRI\RXUWRSILYHJRYHUQPHQWHGXFDWLRQRUQRQSURILWFXVWRPHUV HQWLW\QDPHLVRSWLRQDO  LQFOXGLQJHQWLW\W\SHWKHVWDWHRUSURYLQFHWKHHQWLW\LVORFDWHGLQVFRSHRIWKHSURMHFW V VL]HRIWUDQVDFWLRQ V DQGGROODU YROXPHVIURPWKHSDVWWKUHH\HDUV (QWLW\1DPH (QWLW\7\SH 6WDWH 3URYLQFH 6FRSHRI:RUN 6L]HRI7UDQVDFWLRQV 'ROODU9ROXPH3DVW7KUHH <HDUV &LW\ௐRIௐ$XVWLQ *RYHUQPHQW 7H[DV7; 3XUFKDVHU ௐ9HKLFOHVௐDWௐDௐWLPH 2YHUௐ0  /RVௐ$QJHOHVௐ 'HSDUWPHQWௐRIௐ :DWHUௐDQGௐ 3RZHU *RYHUQPHQW &DOLIRUQLD&$ 3XUFKDVHU 2YHUௐௐ7UXFNV 2YHUௐ0  3RUWௐRIௐ/RVௐ $QJHOHV *RYHUQPHQW &DOLIRUQLD&$ 3XUFKDVHU 2YHUௐௐ7UXFNV 2YHUௐ0  &LW\ௐRIௐ6DQௐ 'LHJR *RYHUQPHQW &DOLIRUQLD&$ 3XUFKDVHU 2YHUௐௐ7UXFNV 2YHUௐ0  $QQௐ$UXQGHOௐ &RXQW\ *RYHUQPHQW 0DU\ODQG0' 3XUFKDVHU 2YHUௐௐ7UXFNV 2YHUௐ0  7DEOH$ELOLW\WR6HOODQG'HOLYHU6HUYLFH 'HVFULEH\RXUFRPSDQ\¶VFDSDELOLW\WRPHHWWKHQHHGVRI6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHVDFURVVWKH86DQG&DQDGDDVDSSOLFDEOH<RXU UHVSRQVHVKRXOGDGGUHVVLQGHWDLODWOHDVWWKHIROORZLQJDUHDVORFDWLRQVRI\RXUQHWZRUNRIVDOHVDQGVHUYLFHSURYLGHUVWKHQXPEHURI ZRUNHUV IXOOWLPHHTXLYDOHQWV LQYROYHGLQHDFKVHFWRUZKHWKHUWKHVHZRUNHUVDUH\RXUGLUHFWHPSOR\HHV RUHPSOR\HHVRIDWKLUGSDUW\  DQGDQ\RYHUODSEHWZHHQWKHVDOHVDQGVHUYLFHIXQFWLRQV /LQH ,WHP 4XHVWLRQ 5HVSRQVH Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC        6DOHVௐIRUFH :HௐKDYHௐDௐ'LUHFWௐDQGௐ,QGLUHFWௐVDOHVௐIRUFHௐ2XUௐGLUHFWௐVDOHVௐIRUFHௐDUHௐRXUௐHPSOR\HHVௐ DQGௐSDUWQHUௐGHDOHUVௐ&RPELQHGௐRXUௐHVWLPDWHGௐHPSOR\HHௐFRXQWௐH[FHHGVௐௐSHUVRQDOVௐ GHGLFDWHGௐWRௐVXSSRUWLQJௐRXUௐGHDOHUVKLSVௐDQGௐ1$)*ௐ)OHHWௐ'LYLVLRQௐ2XUௐLQGLUHFWௐVDOHVௐ IRUFHௐZKLFKௐZRXOGௐEHௐRXUௐSDUWQHUௐVXSSOLHUVௐDQGௐXSILWWHUVௐZRXOGௐEHௐZHOOௐDERYHௐௐ:LWKௐERWKௐGLUHFWௐDQGௐLQGLUHFWௐVDOHVௐIRUFHௐVWDIIௐ1$)*ௐKDVௐEHHQௐSURYHQௐWRௐPDLQWDLQௐDQGௐVHUYLFHௐWKHௐFXUUHQWௐGHPDQGௐRIௐWKHௐPHPEHUVௐ$VௐWKHௐQXPEHUௐRIௐPHPEHUVௐJURZௐWKDWௐZHௐ FDQௐKHOSௐWKHௐPRUHௐVWDIIௐZHௐZRXOGௐHDJHUO\ௐHPSOR\HHௐWRௐKHOSௐPHHWௐGHPDQG   'HDOHUௐQHWZRUNௐRUௐRWKHUௐGLVWULEXWLRQௐPHWKRGV 2XUௐIUDQFKLVHௐQHWZRUNௐZKLFKௐFRYHU¶VௐRXUௐSURSRVHGௐௐPDQXIDFWXUHUVௐDUHௐVHFRQGௐWRௐQRQHௐ:LWKௐLQGXVWU\ௐIRUHIURQWௐRIௐWKHௐFRPELQHGௐH[SHULHQFHௐRIௐPDQXIDFWXUHVௐOLNHௐ7KHௐ )RUGௐ0RWRUௐ&RPSDQ\ௐ*HQHUDOௐ0RWRUVௐ)UHLJKWOLQHUௐ0$&.ௐ3HWHUELOWௐDQGௐ.HQZRUWKௐWRௐ QDPHௐDௐIHZௐKDYHௐHVWDEOLVKHGௐDௐQDWLRQDOௐSUHVHQFHௐZHUHௐDOOௐPHPEHUVௐFDQௐUHFHLYHௐ VHUYLFHௐDQGௐZDUUDQW\ௐUHSDLUVௐRQௐWKHUHௐUHVSHFWLYHௐSURGXFWVௐ7KHௐGLVWULEXWLRQௐRIௐDQௐ $XWRPRELOHௐRUௐ&DEௐ&KDVVLVௐKDVௐDOZD\VௐEHHQௐDQௐRQJRLQJௐFKDOOHQJHௐIRUௐDOOௐ PDQXIDFWXUHVௐQHZௐDQGௐROGௐ+RZHYHUௐZHௐLQௐ$PHULFDௐKDYHௐWKHௐEHVWௐ$XWRPRELOHௐ6XSSO\ௐ &KDLQௐ1HWZRUNௐLQௐWKHௐZRUOGௐDQGௐDVௐDௐIUDQFKLVHGௐGHDOHUௐRIௐEUDQGVௐZHௐWRRௐJHWௐWDNHௐIXOOௐDGYDQWDJHௐRIௐWKHௐQHWZRUNௐWRௐVKLSௐDQGௐVXSSO\ௐRXUௐPHPEHUௐFOLHQWVௐQDWLRQZLGH   6HUYLFHௐIRUFH :LWKௐRYHUௐWKRXVDQGVௐRIௐVHUYLFHௐORFDWLRQVௐUHSUHVHQWLQJௐRXUௐௐPDQXIDFWXUHUVௐDௐPHPEHUௐ FOLHQWௐFDQௐILQGௐZLWKௐHDVHௐDௐVHUYLFHௐVWDWLRQௐRUௐZDUUDQW\ௐUHSDLUௐIDFLOLW\ௐQHDUௐE\ௐ2IௐFRXUVHௐ $ODVNDௐDQGௐ+DZDLLௐGRௐKDYHௐDௐODUJHUௐGLVWDQFHௐEHWZHHQௐIUDQFKLVHVௐDௐPHPEHUௐZRXOGௐXWLOL]HௐIRUௐZDUUDQW\ௐUHSDLUௐRUௐVHUYLFH  Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC        'HVFULEHௐLQௐGHWDLOௐWKHௐSURFHVVௐDQGௐ SURFHGXUHௐRIௐ\RXUௐFXVWRPHUௐVHUYLFHௐ SURJUDPௐLIௐDSSOLFDEOHௐௐ,QFOXGHௐ\RXUௐ UHVSRQVHWLPHௐFDSDELOLWLHVௐDQGௐFRPPLWPHQWVௐDVௐZHOOௐDVௐDQ\ௐLQFHQWLYHVௐWKDWௐKHOSௐ\RXUௐSURYLGHUVௐPHHWௐ\RXUௐVWDWHGௐ VHUYLFHௐJRDOVௐRUௐSURPLVHV 7RௐEHVWௐLOOXVWUDWHௐRXUௐ&XVWRPHUௐ6HUYLFHௐSURJUDPVௐ,ௐDVNௐWKDWௐ\RXௐXVHௐDVௐDௐUHIHUHQFHௐ RXUௐ=,3ௐILOHௐXQGHUௐ$GGLWLRQDOௐ'RFXPHQWVௐDQGௐZLWKLQௐLQௐDௐ=,3ௐILOHௐQDPHGௐ³0HPEHUௐ:DONௐ 7KURXJK´ௐ6WDUWௐZLWKௐDQGௐYLHZௐLQௐRUGHUௐZKLFKௐ,ௐZLOOௐH[SODLQௐLQௐRUGHUௐKHUH +RZௐ$ௐ0HPEHUௐ&DQௐ*HWௐ4XRWHVௐ2QOLQHௐ'HPRௐ$ௐPHPEHUௐFDQௐREWDLQௐPRVWௐTXRWHVௐE\ௐYLVLWLQJௐRXUௐZHEVLWHௐZZZ1DWLRQDO$XWR)OHHW*URXSFRPௐZKHUHௐDௐVLPSOHௐRQHௐVWHSௐIRUPௐLVௐ QHHGHGௐIRUௐUHJLVWUDWLRQௐ7KLVௐLVௐWRௐSURWHFWௐWKHௐSULFHௐLQIRUPDWLRQௐIURPௐQRQPHPEHUVௐ 2QFHௐDௐPHPEHUௐUHJLVWHUVௐWKH\ௐZLOOௐUHFHLYHௐDQௐDXWRPDWHGௐZHOFRPHௐHPDLOௐZLWKௐDௐGHPRௐ YLGHRௐRQௐKRZௐWRௐXVHௐRXUௐVLWHௐ0HPEHUVௐZLOOௐJDLQௐDFFHVVௐWRௐWKHUHௐYHU\ௐRZQௐGDVKERDUGௐ ZKLFKௐZLOOௐKRXVHௐDOOௐWKHUHௐTXRWHVௐLQௐRQHௐVDIHௐVHFXUHௐORJLQௐ0HPEHU¶VௐFDQௐVHOHFWௐZKLFKௐ EUDQGௐWKH\ௐDUHௐORRNLQJௐIRUௐDQGௐPRGHOௐ\HDUௐ2XUௐVLWHௐVKRZVௐDOOௐWKHௐFDWHJRULHVௐWKHௐ EUDQGௐRIIHUVௐVXFKௐDVௐ&DUVௐ9DQVௐ689¶Vௐ7UXFNVௐDQGௐ&KDVVLVௐ&DEVௐ0HPEHUVௐZLOOௐWKHQௐEHௐDEOHௐWRௐGULOOௐGRZQௐIRUௐWKHௐULJKWௐVHOHFWLRQௐE\ௐSLFNLQJௐIURPௐWKHௐILOWHUௐPHQXௐRIௐZKDWௐFDEௐWKHUHௐORRNLQJௐIRUௐ 5HJXODUௐ([WHQGHGௐRUௐ&UHZ ௐWRௐௐZKHHOௐRUௐௐZKHHOௐGULYHௐ GRZQௐWRௐWKHௐEHGௐOHQJWKௐWKHUHௐORRNLQJௐIRUௐௐ$OOௐIDFWRU\ௐRSWLRQVௐDUHௐWKHQௐSUHVHQWHGௐIRUௐ WKHௐPHPEHUௐWRௐVHOHFWௐIURPௐWKLVௐZLOOௐVKRZௐDOOௐFXUUHQWௐIDFWRU\ௐRUGHUDEOHௐRSWLRQVௐWDNLQJௐ WKHௐJXHVVௐZRUNௐRXWௐIRUௐWKHௐPHPEHUௐ2QFHௐDௐPHPEHUௐVHOHFWVௐDௐGHVLUHGௐEXLOGௐWKH\ௐZLOOௐ VHHௐWKHUHௐ6RXUFHZHOOௐ3ULFHௐUHSRUWௐVKRZLQJௐWKHௐ0653ௐWKHUHௐFRQWUDFWௐSULFHௐWKHௐVDYLQJௐ LQௐUHDOௐGROODUVௐDQGௐDVௐDௐSHUFHQWDJHௐ,QௐWKHௐ3')ௐH[DPSOHௐ\RXௐFDQௐVHHௐDௐVDYLQJௐRIௐௐ ௐRIௐௐWRௐWKHௐPHPEHUௐVKRZLQJௐDௐVLJQLILFDQWௐVDYLQJVௐ0HPEHUVௐWKHQௐFDQௐFKRVHௐWRௐDGGௐH[WUD¶VௐWRௐWKHUHௐRUGHUௐOLNHௐH[WUDௐNH\V¶ௐVHUYLFHௐPDQXDOVௐVDOHVௐWD[ௐDQGௐ HYHQௐUHTXHVWௐDQௐXSILWௐWRௐEHௐDGGHGௐWRௐWKHUHௐTXRWHௐ/DVWO\ௐWKH\ௐZLOOௐEHௐJLYHQௐDௐFRPSOHWHௐ WXUQௐNH\ௐTXRWHௐSDFNDJHௐWRௐSULQWௐZKLFKௐZLOOௐLQFOXGHௐWKHUHௐFXVWRPL]HGௐ4XRWHௐ,'ௐ 'HVFULSWLRQௐDQGௐ6SHFLILFDWLRQVௐRIௐZKDWௐWKH\ௐEXLOWௐௐௐ +RZௐ0HPEHUVௐDQGௐ8SILWWHUVௐFDQௐ3DUWQHUௐZLWKௐ1$)*ௐ2XUௐGHGLFDWHGௐZHEVLWHௐ ZZZ1$)*3DUWQHUFRPௐZDVௐEXLOWௐWRௐDFFRPPRGDWHௐWKHௐPHPEHUௐZKRௐZRXOGௐOLNHௐDௐ FHUWDLQௐXSILWWHUௐWRௐXSILWௐWKHUHௐYHKLFOHVௐ,WௐZDVௐDOVRௐEXLOWௐIRUௐXSILWWHUVௐWRௐKDYHௐDௐSODFHௐWRௐJRௐZKHUHௐWKH\ௐFDQௐILQGௐLQIRUPDWLRQௐRQௐKRZௐWRௐSDUWQHUௐZLWKௐ1$)*ௐWRௐEHWWHUௐVHUYHௐWKHUHௐORFDOௐPHPEHUVௐ ([DPSOHௐRIௐ$ௐ0HPEHUௐZLWKௐ8SILWௐ4XRWHௐ7KLVௐLVௐDQௐH[DPSOHௐRIௐKRZௐZHௐXVHௐRXUௐ&DEௐ &KDVVLVௐDQGௐFRPELQHௐWKHPௐZLWKௐDQௐXSILWௐWRௐSURYLGHௐDௐWXUQNH\ௐVROXWLRQௐIRUௐWKHௐPHPEHUௐ LQௐDௐVLPSOHௐWRௐIROORZௐIRUPDWௐ (7$ௐ6\VWHPௐIRUௐ0HPEHUVௐ:DONௐ7KURXJKௐ7KLVௐLVௐZKHUHௐPHPEHUVௐFDQௐHDVLO\ௐFRPHௐWRௐ RXUௐZHEVLWHௐWKHௐVDPHௐZHEVLWHௐWKH\ௐEXLOWௐWKHUHௐFKDVVLVௐRQௐDQGௐWUDFNௐWKHUHௐRUGHUௐOLNHௐ WKH\ௐZRXOGௐDௐ836ௐSDFNDJHௐ:HௐKDYHௐDௐYHU\ௐVLPSOHௐGLVSOD\ௐRQௐRXUௐKRPHSDJHௐ³7UDFNௐ\RXUௐRUGHU´ௐZKHUHௐPHPEHUVௐFDQௐHQWHUௐRQHௐRIௐWKHௐIROORZLQJௐ3XUFKDVHௐ2UGHUௐ1XPEHUௐ4XRWHௐ,'ௐ8SILWௐ4XRWHௐ,'ௐRUௐYLQௐWRௐHDVLO\ௐVHHௐWKHUHௐLQௐWKHௐSURFHVVௐWKHUHௐSDUWLFXODUௐ RUGHUௐLVௐLQௐ &RXUWHV\ௐ&RQILUPDWLRQௐ([SODLQHGௐ$IWHUௐ1$)*ௐUHFHLYHVௐDQௐRUGHUௐIURPௐDௐ0HPEHUௐZHௐ DOZD\VௐOLNHௐWRௐVHQGௐWKHௐPHPEHUௐDௐ&RXUWHV\ௐ&RQILUPDWLRQௐ7KLVௐLVௐZHUHௐWKHௐPHPEHUௐ ZLOOௐGRXEOHௐFKHFNௐVRPHௐSDUWLFXODUVௐRQௐWKHUHௐRUGHUௐOLNHௐ&RORUௐ4XDQWLW\ௐ8SILWௐDQGௐWRௐ HQVXUHௐDOOௐ6SHFLILFDWLRQ¶VௐDUHௐDOOௐFRUUHFWௐEHIRUHௐRUGHUௐSODFHPHQWௐௐ:HௐDOVRௐOLNHௐWRௐDVNௐ IRUௐWLWOHௐLQIRUPDWLRQௐDWௐWKLVௐSRLQWௐVRௐZHௐFDQௐKHOSௐSURFHVVௐWKHௐSDSHUZRUNௐDWௐGHOLYHU\ௐSURPSWO\ ௐௐ)DFWRU\ௐ2UGHUௐ&XWௐ2IIௐ1RWLFHVௐ+HUHௐLVௐZHUHௐZHௐOLNHௐWRௐKLJKOLJKWௐZHUHௐPHPEHUVௐFDQௐ DFFHVVௐDQ\ௐXSFRPLQJௐIDFWRU\ௐRUGHUௐFXWௐRIIௐGDWHVௐ:HௐZDONௐWKHௐPHPEHUௐWKURXJKௐWKHௐ SURFHVVௐVWHSௐE\ௐVWHSௐWRௐHQVXUHௐWKHௐPHPEHUௐNQRZVௐWKHௐXSFRPLQJௐIDFWRU\ௐRUGHUௐFXWௐRIIௐ GDWHௐZHௐHYHQௐSULQWௐWKLVௐLQIRUPDWLRQௐ LIௐNQRZQௐDWௐWKHௐWLPH ௐULJKWௐRQௐWKHௐFRYHUௐSDJHௐRIௐ WKHUHௐTXRWHVௐ 9DOLGDWLRQௐ:DONௐ7KURXJKௐ([DPSOHௐ7RௐGHPRQVWUDWHௐDௐSULFHௐYDOLGDWLRQௐZHௐVKRZௐZKDWௐDௐPHPEHUௐZRXOGௐVHHௐZKHQௐWKH\ௐEXLOGௐDௐWUXFNௐRQௐRXUௐVLWHௐ$WௐFKHFNௐRXWௐWKHௐPHPEHUௐZRXOGௐVHHௐWKHௐ7RWDOௐ&RQILJXUHGௐ0653ௐRIௐௐௐ$ௐ6RXUFHZHOOௐ3ULFHௐRIௐௐ ௐ7RWDOௐ6DYLQJௐRIௐௐௐRUௐௐIRUௐDௐௐ)ௐIROORZHGௐE\ௐWKHௐ SULFLQJௐSDJHௐZKLFKௐVKRZVௐWKHௐ0LQLPXPௐ'LVFRXQWௐRIௐDWௐOHDVWௐௐ$Vௐ\RXௐVHHௐZHௐ SURYLGHGௐDQௐDGGLWLRQDOௐௐGLVFRXQWௐRQௐWRSௐRIௐWKHௐௐFRQWUDFWௐGLVFRXQWௐ7KLVௐ ZRXOGௐEHௐWKHௐFDVHௐLQௐWKLVௐH[DPSOH   ,GHQWLI\ௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐ SURYLGHௐ\RXUௐSURGXFWVௐDQGௐVHUYLFHVௐWRௐ 6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐWKHௐ 8QLWHGௐ6WDWHV :HௐKDYHௐSURYLGHGௐDௐOLVWௐRIௐRXUௐWRSௐௐPHPEHUFOLHQWVௐGHPRQVWUDWLQJௐRXUௐDELOLW\ௐWRௐ VHUYLFHௐDOOௐPHPEHUVௐQDWLRQZLGHௐ/RFDWHGௐLQௐWKHௐ0DUNHWLQJௐ3ODFHௐ=,3ௐILOHௐDVௐ³1$)*ௐ 7RSௐௐ0HPEHUௐ&OLHQWV´ௐ3')  ,GHQWLI\ௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐ SURYLGHௐ\RXUௐSURGXFWVௐDQGௐVHUYLFHVௐWRௐ 6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐ&DQDGD 2XUௐDELOLW\ௐDQGௐNQRZௐKRZௐWRௐFDUU\ௐRXUௐEXVLQHVVௐPRGHOௐLQWRௐ&DQDGDௐKDVௐQHYHUௐEHHQௐ DVௐVWURQJௐDVௐLWௐLVௐWRGD\ௐZHௐEHOLHYHௐDௐVLPSOHௐ86ௐ'ROODUௐWRௐ&DQDGLDQௐH[FKDQJHௐUDWHௐ FRXSOHGௐZLWKௐRXUௐSULFLQJௐVWUXFWXUHௐZLOOௐDOORZௐ1$)*ௐWRௐILQDOO\ௐEHௐLQௐDௐSRVLWLRQௐWRௐௐVHUYHௐ PHPEHUVௐLQௐ&DQDGDௐE\ௐSDUWQHULQJௐZLWKௐ&DQDGLDQௐEDVHGௐGHDOHUௐJURXSV   ,GHQWLI\ௐDQ\ௐJHRJUDSKLFௐDUHDVௐRIௐWKHௐ8QLWHGௐ 6WDWHVௐRUௐ&DQDGDௐWKDWௐ\RXௐZLOOௐ127ௐEHௐIXOO\ௐ VHUYLQJௐWKURXJKௐWKHௐSURSRVHGௐFRQWUDFW 1$)*ௐZLOOௐVHUYLFHௐௐௐRIௐWKHௐ8QLWHGௐ6WDWHVௐRIௐ$PHULFDௐDQGௐDWWHPSWௐWRௐEXLOGௐWKHௐ VDPHௐPRGHOௐWRௐVHUYLFHௐDOOௐRIௐ&DQDGDௐ:HௐGRௐQRWௐNQRZௐ\HWௐZKDWௐUHJLRQVௐZHௐZLOOௐ HQFRXQWHUௐGLIILFXOW\ௐDQGௐKRZௐORQJௐWKHௐVROXWLRQௐZLOOௐWDNHௐEXWௐZHௐZLOOௐVWULYHௐWRௐVHUYLFHௐDOOௐ RIௐ&DQDGD  Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC        ,GHQWLI\ௐDQ\ௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLW\ௐ VHFWRUVௐ LHௐJRYHUQPHQWௐHGXFDWLRQௐQRWIRU SURILW ௐWKDWௐ\RXௐZLOOௐ127ௐEHௐIXOO\ௐVHUYLQJௐ WKURXJKௐWKHௐSURSRVHGௐFRQWUDFWௐ([SODLQௐLQௐGHWDLOௐ)RUௐH[DPSOHௐGRHVௐ\RXUௐFRPSDQ\ௐKDYHௐRQO\ௐDௐUHJLRQDOௐSUHVHQFHௐRUௐGRௐRWKHUௐ FRRSHUDWLYHௐSXUFKDVLQJௐFRQWUDFWVௐOLPLWௐ\RXUௐ DELOLW\ௐWRௐSURPRWHௐDQRWKHUௐFRQWUDFW" :HௐZLOOௐVHUYLFHௐDOOௐ6RXUFHZHOOௐ0HPEHUVௐWKURXJKௐRXUௐௐKRXUVௐDௐGD\ௐ\HDUௐZHEVLWHௐ H[FHSWௐ1RQௐ3URILWVௐ1RQ3URILWVௐZRXOGௐEHௐVXEMHFWௐWRௐDௐGLIIHUHQWௐSULFLQJௐSURJUDPௐDQGௐ ZRXOGௐQHHGௐWRௐEHௐKDQGOHGௐRQௐDௐFDVHௐE\ௐFDVHௐEDVLVௐ1RQ3URILWVௐPRVWO\ௐGRௐQRWௐTXDOLI\ௐ IRUௐWKHௐGLVFRXQWௐJRYHUQPHQWVௐTXDOLI\ௐIRU  'HILQHௐDQ\ௐVSHFLILFௐFRQWUDFWௐUHTXLUHPHQWVௐRUௐ UHVWULFWLRQVௐWKDWௐZRXOGௐDSSO\ௐWRௐRXUௐ SDUWLFLSDWLQJௐHQWLWLHVௐLQௐ+DZDLLௐDQGௐ$ODVNDௐ DQGௐLQௐ86ௐ7HUULWRULHV 7KHௐRQO\ௐUHTXLUHPHQWௐIRUௐPHPEHUVௐLQௐ$ODVNDௐ+DZDLLௐDQGௐ86ௐ7HUULWRULHVௐZRXOGௐEHௐ ORJLVWLFDOௐVKLSSLQJௐFRQVWUDLQWVௐWKHௐUHJLRQௐZRXOGௐKROGௐ)RUௐH[DPSOHௐZHௐFXUUHQWO\ௐSURYLGHௐ PHPEHUVௐLQௐ$ODVNDௐFKDVVLVௐFDEVௐZLWKௐXSILWVௐDQGௐWKHௐPHPEHUௐDOORZVௐXVௐWRௐDGGௐWKHௐ H[WUDௐVKLSSLQJௐFRVWௐSRUWௐFRVWௐDQGௐGULYHUௐFRVWௐWRௐORDGௐDQGௐXQORDGௐWKHUHௐYHKLFOHVௐIURPௐ SRUWௐWRௐSRUWௐ7KLVௐZRXOGௐEHௐUHTXLUHGௐLIௐQHHGHGௐWRௐEHௐDGGHGௐWRௐDQ\ௐTXRWHௐLQௐWKHVHௐ UHJLRQV  7DEOH0DUNHWLQJ3ODQ /LQH,WHP 4XHVWLRQ 5HVSRQVH Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC        'HVFULEHௐ\RXUௐPDUNHWLQJௐVWUDWHJ\ௐIRUௐ SURPRWLQJௐWKLVௐFRQWUDFWௐRSSRUWXQLW\ௐௐ 8SORDGௐUHSUHVHQWDWLYHௐVDPSOHVௐRIௐ\RXUௐ PDUNHWLQJௐPDWHULDOVௐ LIௐDSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH ,QௐDGGLWLRQௐWRௐWKHௐ6DPSOHௐ0DUNHWLQJௐ)O\HUVௐDQGௐ0DUNHWLQJௐ'HSDUWPHQWௐ&KDUWVௐXSORDGHGௐLQௐ WKHௐOLQNௐ³0DUNHWLQJௐ3ODQ6DPSOHV´ௐ 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐIDFLOLWLHVௐDௐYDULHW\ௐRIௐPDUNHWLQJௐVWUDWHJLHVௐWRௐSURPRWHௐRXUௐ SURGXFWVௐDQGௐVHUYLFHVௐWRௐUHDFKௐRXWௐWRௐJRYHUQPHQWௐHQWLWLHVௐௐ2XUௐFRPSDQ\ௐHQFRPSDVVHVௐPDLQO\ௐRXWERXQGௐPDUNHWLQJௐVWUDWHJLHVௐWRௐSURPRWHௐWKHௐ6RXUHZHOOௐ*RYHUQPHQWௐ9HKLFOHௐ&RQWUDFWௐௐ (PDLOௐ0DUNHWLQJௐ3DUWௐRIௐRXUௐRXWERXQGௐVWUDWHJ\ௐLQFOXGHVௐSDLGௐRQOLQHௐPDUNHWLQJௐWHFKQLTXHVௐ VXFKௐDVௐWKHௐXVHௐRIௐHPDLOௐFDPSDLJQௐEODVWVௐௐ7KLVௐSURFHVVௐLQFOXGHVௐFUHDWLRQௐRIௐPXOWLSOHௐ FDPSDLJQௐIO\HUVௐXVHGௐWRௐFRQYH\ௐNH\ௐPHVVDJHVௐWRௐRXUௐWDUJHWHGௐDXGLHQFHௐௐ)O\HUௐPHVVDJHVௐ FRQVLVWௐRIௐWKHௐW\SHVௐRIௐYHKLFOHௐFRQWUDFWVௐEUDQGVௐVROGௐVSHFLDOௐGLVFRXQWVௐRIIHUHGௐWRௐILUVWௐWLPHௐ EX\HUVௐKROLGD\ௐWKHPHGௐIO\HUVௐYHKLFOHVௐRIIHUHGௐQHZௐZHEVLWHௐIHDWXUHVௐDQGௐPDQ\ௐPRUHௐ 7KLVௐPHWKRGௐHQFRXUDJHVௐSRWHQWLDOௐFXVWRPHUVௐWRௐRXUௐZHEVLWHௐWRௐH[SORUHௐRXUௐSURGXFWVௐDQGௐVHUYLFHVௐௐ&DPSDLJQHUௐHPDLOௐPDUNHWLQJௐVHUYLFHௐDFWVௐQRWௐRQO\ௐWRௐVHQGௐRXWௐHPDLOVௐEXWௐDVௐDௐ&50ௐGDWDEDVHௐV\VWHPௐWRௐPRQLWRUௐVHQGௐDQGௐWUDFNௐHIIHFWLYHQHVVௐRIௐHPDLOVௐ2XUௐPDUNHWLQJௐ WHDPௐZRUNVௐFRQWLQXRXVO\ௐWRௐJDWKHUௐHPDLOVௐIURPௐJRYHUQPHQWௐHQWLWLHVௐWKRXJKௐRXWௐWKHௐ8QLWHGௐ 6WDWHVௐWRௐFRPSLOHௐDௐGDWDEDVHௐRIௐFOLHQWHOH (YHQWௐ0DUNHWLQJௐௐ7KLVௐVWUDWHJ\ௐKDVௐSURYHQௐWRௐEHௐDௐVXFFHVVIXOௐDYHQXHௐWRௐJHQHUDWHௐOHDGVௐ DQGௐFUHDWHௐODVWLQJௐUHODWLRQVKLSVௐௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐDWWHQGVௐVHYHUDOௐWUDGHVௐVKRZVௐ SHUௐ\HDUௐWRௐHQJDJHௐFXVWRPHUVௐLQௐSHUVRQௐDORQJௐZLWKௐXSVHOOௐRSSRUWXQLWLHVௐௐ0HHWLQJௐSURVSHFWVௐ IDFHWRIDFHௐIRUPVௐDௐODVWLQJௐLPSUHVVLRQௐQRWௐDYDLODEOHௐWKURXJKௐRWKHUௐPHWKRGVௐRIௐVHOOLQJௐௐௐ7UDGHௐVKRZVௐDWWHQGHGௐLQFOXGHௐ*);ௐ,$332ௐ1,*3ௐ$&7ௐ&$332ௐ&$6%2ௐWKURXJKRXWௐWKHௐ 8QLWHGௐ6WDWHVௐௐ 5HODWLRQVKLSௐ0DUNHWLQJௐௐ7KLVௐLVௐXWLOL]HGௐRQFHௐDௐFOLHQWௐLVௐGLUHFWHGௐWKRXJKௐRXUௐZHEVLWHௐWKRXJKௐ RQOLQHௐPHWKRGVௐௐ2QFHௐDௐSRWHQWLDOௐFOLHQWௐUHJLVWHUVௐDQGௐEHFRPHVௐDௐPHPEHUௐRQௐRXUௐZHEVLWHௐ RXUௐVDOHVௐWHDPௐZLOOௐSHUVRQDOO\ௐUHDFKௐRXWௐYLDௐSKRQHௐRUௐHPDLOௐWRௐSURYLGHௐIXUWKHUௐDVVLVWDQFHௐௐ 7KHௐUROHௐRIௐWKHௐVDOHVௐWHDPௐLVௐWRௐFRQWLQXHௐWRௐVXSSRUWௐDQGௐHPSRZHUௐFOLHQWVௐDQGௐHGXFDWHௐ WKHPௐRQௐSURGXFWVௐDQGௐVHUYLFHVௐRIIHUHGௐௐ7KHௐWHDPௐZLOOௐJRௐWKHௐH[WUDௐPLOHௐIRUௐVXEVFULEHUVௐSURVSHFWVௐDQGௐFXVWRPHUVௐHYHQௐDIWHUௐDௐVDOHVௐWUDQVDFWLRQௐLVௐFRPSOHWHGௐ2XUௐVDOHVௐWHDPௐKDVௐZRUNHGௐWLUHOHVVO\ௐWRௐIRFXVௐRQௐSURYLGLQJௐRXWVWDQGLQJௐFXVWRPHUௐVXSSRUWௐ WRௐFUHDWHௐSRZHUIXOௐUDSSRUWௐZLWKௐRXUௐFOLHQWVௐௐ%\ௐJRLQJௐDERYHௐDQGௐEH\RQGௐZHௐKDYHௐ HQKDQFHGௐH[LVWLQJௐUHODWLRQVKLSVௐDQGௐH[HFXWHGௐFXVWRPHUௐOR\DOW\ௐZLWKௐUHSHDWௐEXVLQHVVHVௐௐ7KH\ௐ VWULYHௐWRௐGHYLDWHௐIURPௐWKHௐ³&DUௐ6DOHVSHUVRQ´ௐPHQWDOLW\ௐZKLFKௐLVௐௐVDOHVௐGULYHQௐWRௐDௐ PRUHௐSURGXFWௐDQGௐFXVWRPHUௐVHUYLFHௐDSSURDFKௐE\ௐLQVWLOOLQJௐDௐVHQVHௐRIௐFRQILGHQFHௐWRௐRXUௐ FOLHQWVௐௐ7KHLUௐFRQVWDQWௐJRDOௐLVௐWRௐUHJXODUO\ௐDVVLVWௐFOLHQWVௐDQGௐDGGUHVVௐDQ\ௐQHHGVௐGXULQJௐWKHௐ HQWLUHௐVDOHVௐSURFHVVௐௐ6WULYLQJௐWRௐIRFXVௐRQௐVROXWLRQௐVHOOLQJௐYVௐSURGXFWௐVHOOLQJௐGHYHORSVௐLQWRௐDௐPXWXDOO\ௐEHQHILFLDOௐDJUHHPHQWௐIRUௐFXVWRPHUVௐDQGௐWKHௐEXVLQHVVௐௐ 5HIHUUDO:RUGௐRIௐPRXWKௐௐ7KLVௐVWUDWHJ\ௐWLHVௐLQWRௐRXUௐRXWVWDQGLQJௐUHODWLRQVKLSௐPDUNHWLQJௐWRௐ FOLHQWVௐௐ7KHௐSRVLWLYHௐTXDOLW\ௐRIௐVHUYLFHௐH[SHULHQFHGௐE\ௐFXVWRPHUVௐKDVௐOHGௐWRௐDQௐLQFUHDVHGௐ QXPEHUௐRIௐVDOHVௐWKURXJKௐUHIHUUDOVௐௐ2XUௐJRDOௐLVௐWRௐSURYLGHௐH[HPSODU\ௐFXVWRPHUௐVHUYLFHௐ WKURXJKRXWௐHQWLUHௐVHOOLQJௐSURFHVVௐWRௐHQFRXUDJHௐUHSHDWௐEXVLQHVVௐDQGௐUHIHUUDOVௐௐ &RPLQJௐODWHௐVXPPHUௐRIௐௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZLOOௐEHௐODXQFKLQJௐDௐ1$)*ௐ3DUWQHUௐ :HEVLWHௐWRௐLQFUHDVHௐWKHௐJURZWKௐRIௐRXUௐEXVLQHVVௐௐ7KHௐZHEVLWHௐZZZQDIJSDUWQHUFRPௐLVௐH[SHFWHGௐWRௐODXQFKௐODWHௐVXPPHUHDUO\ௐIDOOௐRIௐௐௐ7KHௐVLWHௐHQFRXUDJHVௐERG\ௐXSILWWLQJௐ FRPSDQLHVௐWKURXJKRXWௐWKHௐ8QLWHGௐ6WDWHVௐWRௐSDUWQHUௐXSௐZLWKௐXVௐWRௐEHFRPHௐDௐSUHIHUUHGௐ PHPEHUௐௐ7KHௐEHQHILWVௐRIௐEHFRPLQJௐDௐSUHIHUUHGௐPHPEHUௐLVௐWRௐKDYHௐWKHLUௐEXVLQHVVௐ DGYHUWLVHGௐRQௐRXUௐVLWHௐDVௐZHOOௐDVௐUHIHUULQJௐDQ\ௐFOLHQWVௐZLWKௐXSILWWLQJௐQHHGVௐWRௐDௐORFDOௐERG\ௐ FRPSDQ\ௐZLWKLQௐWKHLUௐJHQHUDOௐYLFLQLW\ௐௐௐௐ2XUௐEX\HUVௐIURPௐJRYHUQPHQWௐDJHQFLHVௐDUHௐ HQFRXUDJHGௐWRௐJRௐRQௐWKHௐVLWHௐDVௐZHOOௐDQGௐORRNௐIRUௐORFDOௐERG\ௐXSILWWLQJௐFRPSDQLHVௐWKH\ௐDUHௐ LQWHUHVWHGௐLQௐZRUNLQJௐZLWKௐௐௐ7RௐMRLQௐRXUௐQHWZRUNௐWKH\ௐDUHௐUHTXLUHGௐWRௐDGYHUWLVHௐ1$)*ௐDQGௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐRQௐWKHLUௐEXVLQHVVௐZHEVLWHௐDQGௐUHIHUௐWKHLUௐFOLHQWVௐWRௐSXUFKDVHௐWKHLUௐFDEFKDVVLVௐQHHGVௐWKURXJKௐ1$)*ௐௐ7KLVௐFUHDWHVௐDௐUHODWLRQVKLSௐWKDWௐZLOOௐJHQHUDWHௐLQFUHDVHGௐ VDOHVௐIURPௐERWKௐWKHௐVLGHVௐௐ:HௐDUHௐVWLOOௐFXUUHQWO\ௐEXLOGLQJௐWKHௐZHEVLWHௐDQGௐVHDUFKLQJௐIRUௐ ERG\ௐFRPSDQLHVௐDFURVVௐWKHௐVWDWHVௐWKDWௐZRXOGௐEHௐLQWHUHVWHGௐLQௐSDUWQHULQJௐXSௐZLWKௐ1$)*ௐௐ 'LUHFWௐ0DUNHWLQJௐ3ULRUௐWRௐWKHௐ&RYLGௐRXWEUHDNௐRXUௐFRPSDQ\ௐZDVௐSURPRWLQJௐGLUHFWௐ PDUNHWLQJௐVWUDWHJLHVௐE\ௐFRQWDFWLQJௐORFDOௐEXVLQHVVHVௐDQGௐVHWWLQJௐXSௐLQௐSHUVRQௐPHHWLQJVௐZLWKௐ RXUௐGHGLFDWHGௐSXEOLFௐUHODWLRQVௐUHSUHVHQWDWLYHௐௐ7KHௐUROHௐRIௐRXUௐGHGLFDWHGௐUHSUHVHQWDWLYHௐLQFOXGHGௐLQௐSHUVRQௐPHHWLQJVௐWRௐGLVFXVVௐRXUௐSURGXFWVௐDQGௐVHUYLFHVௐSUHVHQWௐZHEVLWHௐIHDWXUHVௐDQGௐWRௐGURSௐRIIௐVDOHVௐFRQWDFWௐLQIRUPDWLRQௐIRUௐIXUWKHUௐTXHVWLRQV  Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC        'HVFULEHௐ\RXUௐXVHௐRIௐWHFKQRORJ\ௐDQGௐ GLJLWDOௐGDWDௐ HJௐVRFLDOௐPHGLDௐ PHWDGDWDௐXVDJH ௐWRௐHQKDQFHௐ PDUNHWLQJௐHIIHFWLYHQHVV 6RFLDOௐPHGLDௐLVௐDௐFULWLFDOௐSDUWௐLQௐWKHௐZD\ௐSHRSOHௐFRPPXQLFDWHௐDQGௐFRQQHFWௐZLWKௐHDFKௐ RWKHUௐௐௐௐ/LQNHG,QௐRIIHUVௐDௐYDULHW\ௐRIௐZD\VௐWRௐH[SDQGௐRXUௐQHWZRUNௐE\ௐILQGLQJௐDQGௐFRQQHFWLQJௐ ZLWKௐUHOHYDQWௐSURIHVVLRQDOVௐLQௐWKHௐLQGXVWU\ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKDVௐXWLOL]HGௐ/LQNHG,QௐWRௐ UHDFKௐRXWௐWRௐFXUUHQWௐDQGௐSRWHQWLDOௐPHPEHUVௐWKRXJKௐSHUVRQDOL]HGௐPHVVDJHVௐௐ3HUVRQDOL]HGௐPHVVDJHVௐLQFOXGHௐWKDQNLQJௐWKHPௐIRUௐUHJLVWHULQJௐRQௐVLWHௐDVௐZHOOௐDVௐGLUHFWLQJௐWKHPௐWRௐRQௐRXUௐOLQNௐWRௐWKHௐZHEVLWHௐ/LQNHG,QௐDQGௐ)DFHERRNௐFRPSDQ\ௐSDJHVௐௐ7KHௐJRDOௐLVௐWRௐILQGௐDQGௐ FRQQHFWௐZLWKௐSHRSOHௐDOUHDG\ௐRQௐRXUௐGDWDEDVHௐDVௐZHOOௐDVௐSHRSOHௐWKDWௐZRXOGௐEHQHILWௐIURPௐRXUௐ SURGXFWVௐDQGௐVHUYLFHVௐௐ&XUUHQWௐIO\HUVௐRUௐPHVVDJHVௐDERXWௐRXUௐFRPSDQ\ௐDUHௐDOVRௐSRVWHGௐRQௐ WKHௐ/LQNHG,QௐVLWHௐWRௐJHQHUDWHௐPRUHௐEXVLQHVVௐௐ7LPHௐLVௐDOVRௐVSHQWௐRQௐUHDGLQJௐSRVWVௐIURPௐ FRQQHFWLRQVௐWRௐREVHUYHௐDQ\ௐQHHGVௐWKDWௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐPD\ௐDVVLVWௐZLWKௐௐ 7KHௐPDUNHWLQJௐWHDPௐDOVRௐVSHQGVௐWLPHௐUHVHDUFKLQJௐJRYHUQPHQWௐHQWLWLHVௐDQGௐSURVSHFWVௐ WKURXJKௐWKHLUௐZHEVLWHVௐ,QௐDGGLWLRQௐWRௐORRNLQJௐIRUௐQHZௐFOLHQWVௐWKHௐPDUNHWLQJௐWHDPௐZLOOௐWDNHௐWLPHௐWRௐVLJQௐXSௐIRUௐHQHZVOHWWHUVௐIURPௐFLWLHVௐFRXQWLHVௐVFKRROௐGLVWULFWVௐDQGௐFROOHJHVௐௐ7KLVௐZLOOௐHQVXUHௐWKDWௐ1$)*ௐZLOOௐXQGHUVWDQGௐQHHGVௐRIௐJRYHUQPHQWௐHQWLWLHVௐDQGௐZLOOௐXWLOL]HௐWKLVௐ LQIRUPDWLRQௐIRUௐIXWXUHௐFDPSDLJQVௐௐ ([DPSOHௐௐ&LW\ௐRIௐ1HZௐ<RUNௐSRVWHGௐWKDWௐWKH\ௐSODQௐWRௐUHSODFHௐFXUUHQWௐIOHHWௐZLWKௐDQௐDOOHOHFWULFௐ IOHHWௐZLWKLQௐWKHௐQH[Wௐௐ\HDUVௐௐ(PDLOௐFDPSDLJQVௐIRFXVLQJௐRQௐW\SHVௐRIௐHOHFWULFDOௐYHKLFOHVௐ SURYLGHGௐE\ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZDVௐVHQWௐௐ 1$)*ௐKDVௐUHFHQWO\ௐLQWURGXFHGௐQHZO\ௐEXLOWௐOLYHௐFKDWௐIHDWXUHௐRQௐRXUௐZHEVLWHௐௐ9LVLWRUVௐDUHௐ SURPSWௐWRௐFKDWௐZLWKௐDௐOLYHௐVDOHVௐUHSUHVHQWDWLYHௐௐKRXUVௐDௐGD\ௐௐGD\VௐDௐZHHNௐௐ7KLVௐZLOOௐHQVXUHௐWKDWௐFOLHQWVௐWKDWௐDUHௐLQWHUHVWHGௐKDYHௐDQRWKHUௐDYHQXHௐRIௐUHDFKLQJௐRXWௐLQௐDGGLWLRQௐWRௐ HPDLOLQJௐRUௐWHOHSKRQHௐௐ%HQHILWVௐRIௐ/LYHௐFKDWௐRSWLRQௐLQFOXGHௐTXLFNHUௐUHVSRQVHௐWLPHௐWRௐDVVLVWௐ EX\HUVௐIRUௐSXUFKDVLQJௐQHHGVௐௐ2XUௐOLYHௐFKDWௐIHDWXUHௐQRWௐRQO\ௐHQFRXUDJHVௐVDOHVௐEXWௐWKHௐYDOXHௐ RIௐWKHௐVDOHௐDVௐZHOOௐௐ/LYHௐFKDWௐEHQHILWVௐIURPௐXQGHUVWDQGLQJௐWKHௐLPPHGLDWHௐQHHGVௐRIௐWKHௐ EX\HUௐDQGௐEX\HUVௐFDQௐUHFHLYHௐDQௐLPPHGLDWHௐUHVSRQVHௐQRWௐRQO\ௐIURPௐTXHVWLRQVௐEXWௐ UHFRPPHQGDWLRQVௐIRUௐWKHLUௐQHHGVௐௐௐௐௐ 7KHௐXVHௐRIௐPDUNHWLQJௐFDPSDLJQVௐSOD\VௐDௐPDMRUௐUROHௐLQௐHQKDQFLQJௐWKHௐJURZWKௐRIௐRXUௐFOLHQWௐGDWDEDVHௐௐ(PDLOௐLVௐDௐELJௐSDUWௐRIௐRXUௐOLYHVௐDQGௐHYHU\ௐJRYHUQPHQWௐDJHQF\ௐHPSOR\HHௐKDVௐDQௐHPDLOௐDGGUHVVௐௐௐ&DPSDLJQHUFRPௐLVௐWKHௐSODWIRUPௐXVHGௐIRUௐRXUௐHPDLOௐPDUNHWLQJௐௐௐ7KHௐJRDOௐ RIௐHPDLOௐPDUNHWLQJௐLVௐWRௐUHDFKௐRXUௐWDUJHWௐDXGLHQFHௐDQGௐSHUVRQDOL]LQJௐHPDLOௐIO\HUVௐZLWKௐDௐ UHVSRQVLYHௐGHVLJQௐ9LGHRVௐDQGௐLPDJHVௐDUHௐXVHGௐDQGௐFDQௐEHௐYLHZHGௐIURPௐRQௐDௐFRPSXWHUௐ RUௐPRELOHௐGHYLFHௐௐ0HVVDJHVௐDUHௐVKRUWௐDQGௐWRௐWKHௐSRLQWௐZLWKௐOLQNVௐOHDGLQJௐWRௐWKHௐ 6RXUFHZHOOௐDQGௐ1$)*ௐKRPHSDJHௐௐௐௐ7KHௐ&DPSDLJQHUௐHPDLOௐV\VWHPௐDOORZVௐXVௐWRௐWUDFNௐ HPDLOௐDFWLYLW\ௐEDVHGௐRQௐRSHQௐUDWHௐXQVXEVFULEHVௐDQGௐOLQNௐFOLFNVௐZKLFKௐLVௐEHQHILFLDOௐWRௐ XQGHUVWDQGLQJௐHPDLOௐHIIHFWLYHQHVV   ,Qௐ\RXUௐYLHZௐZKDWௐLVௐ6RXUFHZHOO¶VௐUROHௐ LQௐSURPRWLQJௐFRQWUDFWVௐDULVLQJௐRXWௐRIௐ WKLVௐ5)3"ௐ+RZௐZLOOௐ\RXௐLQWHJUDWHௐDௐ 6RXUFHZHOODZDUGHGௐFRQWUDFWௐLQWRௐ\RXUௐVDOHVௐSURFHVV" 6RXUFHZHOOௐLVௐDௐWUXVWHGௐEUDQGௐWKDWௐJRYHUQPHQWௐHQWLWLHVௐFDQௐUHO\ௐRQௐWRௐSURYLGHௐDௐZLGHௐYDULHW\ௐ RIௐSURGXFWVௐDQGௐVHUYLFHVௐௐௐ7KH\ௐDLPௐWRௐVLPSOLI\ௐWKHௐSXUFKDVLQJௐDQGௐSURFXUHPHQWௐSURFHVVௐ RIௐJRYHUQPHQWௐHQWLWLHVௐௐ7KHௐ6RXUFHZHOOௐEUDQGௐLQWHJUDWHVௐDௐWKRURXJKௐGRFXPHQWDWLRQௐUHYLHZௐ RIௐDOOௐYHQGRUVௐSULRUௐWRௐDZDUGLQJௐWKHLUௐFRRSHUDWLYHௐFRQWUDFWVௐௐௐ3URGXFWVௐDQGௐVHUYLFHVௐDUHௐIURPௐUHSXWDEOHௐYHQGRUVௐௐௐ7KHௐEUDQGௐSURYLGHVௐDௐVHQVHௐRIௐVKRZLQJௐOHJLWLPDF\ௐDQGௐ YHULILFDWLRQௐRIௐRXUௐFRPSDQ\ௐQDPHௐDQGௐPHPEHUVௐXQGHUVWDQGௐWKDWௐSURGXFWVௐDQGௐVHUYLFHVௐ SURYLGHGௐDUHௐIURPௐUHSXWDEOHௐYHQGRUVௐௐ&OLHQWVௐUHFRJQL]HௐWKHௐ6RXFHZHOOௐEUDQGௐDQGௐWKHLUௐ YHQGRUVௐDVௐDௐWUXVWHGௐVRXUFHௐWKDWௐZLOOௐPHHWௐWKHLUௐQHHGVௐௐ7KHௐPDLQௐVHOOLQJௐSRLQWௐRIௐWKHௐ EUDQGௐLVௐWKHௐHOLPLQDWLRQௐRIௐWKHௐQHHGௐWRௐELGௐௐ6RXFHZHOOௐKDVௐGRQHௐIRUௐELGGLQJௐIRUௐWKHௐ JRYHUQPHQWௐHQWLWLHVௐZKLFKௐVLPSOLILHVௐWKHௐSXUFKDVLQJௐSURFHVVௐௐ7KLVௐSURFHVVௐQRWௐRQO\ௐVDYHVௐ PRQH\ௐEXWௐYDOXDEOHௐWLPHௐDVௐZHOOௐௐ2QFHௐDௐFOLHQWௐUHFHLYHVௐDௐYHKLFOHௐTXRWHௐIURPௐRXUௐVDOHVௐGHSDUWPHQWௐWKHௐUROHௐRIௐWKHௐFOLHQWௐLVௐWRௐVXEPLWௐDௐSXUFKDVHௐRUGHUௐZKHQௐUHDG\ௐௐ6RXUFHZHOOௐKDVௐSURYLGHGௐ1$)*ௐRYHUZKHOPLQJௐRSSRUWXQLWLHVௐWRௐZRUNௐZLWKௐJRYHUQPHQWௐ DJHQFLHVௐDFURVVௐWKHௐ8QLWHGௐ6WDWHVௐௐ7KHௐ6RXUFHZHOOௐZHOOௐQDPHௐUHSUHVHQWVௐDௐKLJKௐVWDQGDUGௐ RIௐLQWHJULW\ௐDQGௐHWKLFVௐDQGௐZHௐDUHௐSURXGௐWRௐEHௐSDUWௐRIௐWKLVௐG\QDPLFௐௐ6RXUFHZHOOௐPHPEHUVௐ KDYHௐDFFHVVௐWRௐDௐFRQWUDFWௐWKDWௐLVௐPRUHௐIOH[LEOHௐWKDQௐWKHௐVWDQGDUGௐELGGLQJௐSURFHVVௐ 6RXUFHZHOOௐLVௐDQௐRUJDQL]DWLRQௐWKDWௐDLGVௐJRYHUQPHQWௐHQWLWLHVௐWRௐVWD\ௐFRPSHWLWLYHௐZLWKRXWௐWKHௐ IUXVWUDWLRQVௐDQGௐLVVXHVௐLQYROYHGௐZLWKௐWKHௐWUDGLWLRQDOௐELGGLQJௐSURFHVVௐௐ7KHௐ6RXUFHZHOOௐ FRQWUDFWௐFDQௐEHௐDOVRௐEHௐFXVWRPL]HGௐWRௐPHHWௐWKHௐQHHGVௐRIௐWKHௐFOLHQWௐௐ7KHௐVDOHVௐWHDPௐKDVௐLQFRUSRUDWHGௐQRWௐRQO\ௐWKLVௐVWDQGDUGௐRIௐLQWHJULW\ௐLQௐWKHLUௐVDOHVௐSUDFWLFHௐE\ௐHQVXULQJௐFOLHQWVௐZHௐZLOOௐDOZD\VௐDVVLVWௐWKHPௐZLWKௐDOOௐWKHLUௐYHKLFOHௐSXUFKDVLQJௐQHHGVௐௐ7KHௐFRVWௐVDYLQJVௐDQGௐVWUHVV IUHHௐQDWXUHௐRIௐWKHௐFRRSHUDWLYHௐFRQWUDFWVௐIDYRUVௐWKDWௐRIௐWKHௐWUDGLWLRQDOௐELGGLQJௐSURFHVVௐௐ,Wௐ HQDEOHVௐYHQGRUVௐWRௐZRUNௐZLWKௐTXDOLI\LQJௐJRYHUQPHQWௐHQWLWLHVௐLQௐDௐPRUHௐHIILFLHQWௐPDQQHUௐௐௐ :HௐYRZௐWRௐPDLQWDLQௐWKHVHௐOHYHOVௐRIௐVWDQGDUGVௐDFURVVௐWKHௐERDUGௐWKURXJKRXWௐDOOௐGHSDUWPHQWVௐ WKURXJKRXWௐWKHௐFRPSDQ\   $UHௐ\RXUௐSURGXFWVௐRUௐVHUYLFHVௐ DYDLODEOHௐWKURXJKௐDQௐHSURFXUHPHQWௐ RUGHULQJௐSURFHVV"ௐ,IௐVRௐGHVFULEHௐ\RXUௐ HSURFXUHPHQWௐV\VWHPௐDQGௐKRZௐ JRYHUQPHQWDOௐDQGௐHGXFDWLRQDOௐFXVWRPHUVௐKDYHௐXVHGௐLW 2XUௐZHEVLWHௐSURYLGHVௐDௐKDQGVRQௐHPSRZHULQJௐDSSURDFKௐWRௐRUGHULQJௐYHKLFOHVௐRQOLQHௐௐ&OLHQWVௐ FDQௐVHDUFKௐWKURXJKௐPDQ\ௐYHKLFOHVௐPDNHVௐDQGௐPRGHOVௐZLWKௐWKHௐDELOLW\ௐWRௐFXVWRPL]HௐDௐYHKLFOHௐ WDLORUHGௐWRௐWKHLUௐVSHFLILFௐQHHGVௐRIௐWKHLUௐDJHQF\ௐௐௐ$ௐSHUVRQDOL]HௐTXRWHௐZLWKௐSULFLQJௐFDQௐEHௐ DYDLODEOHௐLQௐDVௐOLWWOHௐDVௐௐPLQXWHVௐGHSHQGLQJௐRQௐWKHௐFRPSOH[LW\ௐRIௐWKHௐYHKLFOHௐௐௐ,IௐXSILWWLQJௐ LVௐQHHGHGௐDௐVDOHVௐUHSUHVHQWDWLYHௐFDQௐEHௐUHDFKHGௐWKRXJKௐSKRQHௐHPDLOௐRUௐRQௐWKHௐQHZௐOLYHௐFKDWௐIHDWXUHௐRQௐWKHௐZHEVLWHௐௐ2QFHௐDௐFXVWRPL]HGௐTXRWHௐLVௐEXLOWௐFOLHQWVௐKDYHௐWKHௐRSWLRQௐWRௐILQDOL]HௐWKHௐVDOHVௐWUDQVDFWLRQௐE\ௐ VXEPLWWLQJௐDௐSXUFKDVHௐRUGHUௐWRௐRXUௐVDOHVௐWHDPௐYLDௐHPDLOௐௐ7KLVௐJLYHVௐFRPSOHWHௐDXWRQRP\ௐWRௐ WKHௐFOLHQWௐWRௐSXUFKDVHௐYHKLFOHVௐZLWKRXWௐWKHௐQHHGௐWRௐVSHDNௐWRௐDௐVDOHVௐUHSௐௐ,IௐDVVLVWDQFHௐLVௐ QHHGHGௐWKH\ௐFDQௐFRQWDFWௐVDOHVௐWKURXJKௐHPDLOௐOLYHௐFKDWௐRUௐSKRQHௐௐ ,IௐVXSSRUWௐLVௐUHTXLUHGௐWRௐEXLOGௐDௐTXRWHௐRXUௐVDOHVௐUHSௐLVௐDOVRௐDYDLODEOHௐWRௐZDONௐDௐFOLHQWௐ WKURXJKௐWKHௐHSURFXUHPHQWௐSURFHVVௐVWHSௐE\ௐVWHSௐௐ7KLVௐHQVXUHVௐKDYLQJௐDQௐDYDLODEOHௐ UHSUHVHQWDWLYHௐWRௐDQVZHUௐDQ\ௐTXHVWLRQVௐLIௐQHHGHGௐDQGௐWRௐHPSRZHUௐWKHௐFOLHQWௐWRௐPDNHௐDQ\ௐIXWXUHௐSXUFKDVHVௐRQௐWKHLUௐRZQௐௐ&OLHQWVௐPD\ௐDOVRௐFDOOௐRUௐHPDLOௐWKHௐQHHGVௐRIௐWKHௐFRPSDQ\ௐ DQGௐUHFHLYHௐDௐFXVWRPL]HGௐYHKLFOHௐTXRWH  Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC       7DEOH9DOXH$GGHG$WWULEXWHV /LQH ,WHP 4XHVWLRQ 5HVSRQVH  'HVFULEHௐDQ\ௐSURGXFWௐHTXLSPHQWௐ PDLQWHQDQFHௐRUௐRSHUDWRUௐWUDLQLQJௐSURJUDPVௐWKDWௐ\RXௐRIIHUௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐ ,QFOXGHௐGHWDLOVௐVXFKௐDVௐZKHWKHUௐ WUDLQLQJௐLVௐVWDQGDUGௐRUௐRSWLRQDOௐ ZKRௐSURYLGHVௐWUDLQLQJௐDQGௐDQ\ௐ FRVWVௐWKDWௐDSSO\ 1$)*ௐH[WHQGVௐDQ\ௐDQGௐDOOௐ6HUYLFHௐ7UDLQLQJௐ3URJUDPVௐSURYLGHGௐE\ௐWKHௐ0DQXIDFWXUHUௐ0DQ\ௐRIௐ WKHௐSURJUDPVௐRIIHUHGௐDUHௐTXRWHGௐLQGLYLGXDOO\ௐE\ௐWKHௐPDQXIDFWXUHௐEDVHGௐRQௐFODVVௐVL]HௐDQGௐUHJLRQௐRIௐWKHௐFRXQWU\ௐ1$)*ௐZLOOௐSDVVௐWKHVHௐTXRWHVௐRQWRௐWKHௐPHPEHUௐDWௐGHDOHUௐFRVW   'HVFULEHௐDQ\ௐWHFKQRORJLFDOௐ DGYDQFHVௐWKDWௐ\RXUௐSURSRVHGௐ SURGXFWVௐRUௐVHUYLFHVௐRIIHU $FFRPSOLVKPHQWVௐE\ௐWKHௐ0DQXIDFWXUHUVௐOLNHௐ)RUGௐ0RWRUௐ&RPSDQ\ௐ*HQHUDOௐ0RWRU¶VௐDQGௐ 0$&.ௐ7UXFNௐVHUYHௐWKHௐPHPEHUௐDXWRPDWLFDOO\ௐE\ௐKDYLQJௐWKHVHௐPRGHOVௐDYDLODEOHௐWKURXJKௐRXUௐ SURSRVDOௐ$VௐZHOOௐDVௐRXUௐLQFOXVLRQௐRIௐ0RWLYHௐ3RZHUௐ6\VWHPVௐLQௐRXUௐSURSRVDOௐ0RWLYHௐ3RZHUௐ 6\VWHPVௐSURYLGHVௐWKHௐPHPEHUௐWKHௐDELOLW\ௐWRௐHOHFWULI\ௐWKHLUௐYHKLFOHௐ:HௐDWWDFKHGௐSURGXFWௐ LQIRUPDWLRQௐDQGௐSULFLQJௐLQௐWKHௐ³8SILWVௐ$YDLODEOH´ௐ=,3ௐILOHௐLQௐWKHPௐ³$OOௐௐ0DQXIDFWXUHU´ௐ=,3ௐILOHௐXQGHUௐDGGLWLRQDOௐGRFXPHQWV   'HVFULEHௐDQ\ௐ³JUHHQ´ௐLQLWLDWLYHVௐ WKDWௐUHODWHௐWRௐ\RXUௐFRPSDQ\ௐRUௐWRௐ \RXUௐSURGXFWVௐRUௐVHUYLFHVௐDQGௐLQFOXGHௐDௐOLVWௐRIௐWKHௐFHUWLI\LQJௐDJHQF\ௐIRUௐHDFK 1$)*ௐKDVௐ3DUWQHUHGௐZLWKௐௐ0D\RUVௐ1DWLRQZLGHௐWRௐFUHDWHௐDௐ86ௐ0D\RUௐ(9ௐ'ULYHௐ&OLPDWHௐ ,QLWLDWLYHௐFDOOHGௐWKHௐ&OLPDWHௐ0D\RUௐ3XUFKDVLQJௐ&ROODERUDWLYHௐZZZ'ULYHHYIOHHWRUJௐWRௐKHOSௐ VSUHDGௐWKHௐEHQHILWௐRIௐPHPEHUVௐJRLQJௐௐJUHHQௐ:HௐKDYHௐௐ3XUHௐ(OHFWULFௐYHKLFOHVௐWRௐRIIHUௐVXFKௐDVௐWKHௐ&KHYUROHWௐ%ROWௐDQGௐ)RUGௐ)XVLRQௐZKLFKௐDUHௐDOOௐWHFKQRORJ\ௐSUHGHFHVVRUVௐWRௐWKHௐ$OOௐ1HZௐ)RUGௐ(OHFWULFௐ)ௐ:HௐDUHௐFHUWDLQௐRYHUௐWKHௐQH[WௐIHZௐ\HDUVௐ)RUGௐDQGௐPDQ\ௐ RWKHUௐPDQXIDFWXUHUVௐZLOOௐEHௐPDNLQJௐDYDLODEOHௐௐSXUHௐHOHFWULFௐFDEௐFKDVVLVௐIRUௐPHPEHUVௐWRௐ VHOHFWௐIURP   ,GHQWLI\ௐDQ\ௐWKLUGSDUW\ௐLVVXHGௐHFR ODEHOVௐUDWLQJVௐRUௐFHUWLILFDWLRQVௐWKDWௐ \RXUௐFRPSDQ\ௐKDVௐUHFHLYHGௐIRUௐWKHௐ HTXLSPHQWௐRUௐSURGXFWVௐLQFOXGHGௐLQௐ \RXUௐ3URSRVDOௐUHODWHGௐWRௐHQHUJ\ௐ HIILFLHQF\ௐRUௐFRQVHUYDWLRQௐOLIHF\FOHௐ GHVLJQௐ FUDGOHWRFUDGOH ௐRUௐRWKHUௐJUHHQVXVWDLQDELOLW\ௐIDFWRUV :LWKLQௐWKHௐVDPHௐ0RWLYHௐ3RZHUௐ3')¶VௐORFDWHGௐLQௐWKHௐ³8SILWVௐ$YDLODEOH´ௐ=LSௐ)LOHௐ\RXௐZLOOௐILQGௐ 0RWLYH¶Vௐ6\VWHP¶Vௐ&$5%ௐ&HUWLILFDWLRQ¶Vௐ &DOLIRUQLDௐ$LUௐ5HVRXUFHௐ%RDUG ௐIRUௐWZRௐHQJLQHVௐ RIIHULQJௐDORQJௐZLWKௐWKHUHௐ)RUGௐ4XDOLILHGௐ9HKLFOHௐ0RGLILHUௐ&HUWLILFDWHௐ$OOௐZKLFKௐKHOSௐHQHUJ\ௐ FRQYHUVDWLRQௐDQGௐHIILFLHQFLHV  'HVFULEHௐDQ\ௐ:RPHQௐRUௐ0LQRULW\ௐ %XVLQHVVௐ(QWLW\ௐ :0%( ௐ6PDOOௐ%XVLQHVVௐ(QWLW\ௐ 6%( ௐRUௐYHWHUDQௐRZQHGௐEXVLQHVVௐFHUWLILFDWLRQVௐWKDWௐ \RXUௐFRPSDQ\ௐRUௐKXEௐSDUWQHUVௐ KDYHௐREWDLQHGௐ8SORDGௐ GRFXPHQWDWLRQௐRIௐFHUWLILFDWLRQௐ DVௐ DSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐXSORDGௐ VHFWLRQௐRIௐ\RXUௐUHVSRQVH 1$)*ௐKDVௐSURYLGHGௐDVௐDQௐDWWDFKPHQWௐ³8SILWVௐ$YDLODEOH´ௐRXUௐSDUWQHUVKLSௐOHWWHUௐZLWKௐ'LYHUVLILHGௐ /HDVLQJௐ'LYHUVLILHGௐ/HDVLQJௐLVௐDௐ'9%(6%(ௐ&RPSDQ\ௐWKDWௐKDVௐEHHQௐLQௐEXVLQHVVௐVLQFHௐௐ$VௐDௐ'LVDEOHGௐ9HWHUDQௐ%XVLQHVVௐ(QWHUSULVHௐ/LFHQVHGௐLQௐWKHௐ6WDWௐRIௐ&DOLIRUQLDௐ  ௐ'LYHUVLILHGௐKDVௐRIIHUHGௐWKHUHௐFHUWLILFDWLRQௐWRௐEHௐSODFHGௐRQௐDQ\ௐ1$)*ௐTXRWHௐIRUௐDௐ VPDOOௐDGPLQௐIHHௐZKLFKௐLVௐIXOO\ௐGLVSOD\HGௐRQௐWKHUHௐSDUWQHUVKLSௐOHWWHUௐDWWDFKHG  :KDWௐXQLTXHௐDWWULEXWHVௐGRHVௐ\RXUௐ FRPSDQ\ௐ\RXUௐSURGXFWVௐRUௐ\RXUௐ VHUYLFHVௐRIIHUௐWRௐ6RXUFHZHOOௐ SDUWLFLSDWLQJௐHQWLWLHV"ௐ:KDWௐPDNHVௐ \RXUௐSURSRVHGௐVROXWLRQVௐXQLTXHௐLQௐ\RXUௐLQGXVWU\ௐDVௐLWௐDSSOLHVௐWRௐ 6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHV" 'HGLFDWLRQௐ+DUGௐ:RUNௐQRWௐWRௐEHௐFRQIXVHGௐZLWKௐHIIRUWVௐEXWௐZLWKௐUHVXOWVௐ1$)*ௐKDVௐEXLOWௐLWVௐ GLYLVLRQௐVROHO\ௐIRUௐWKHௐSXUSRVHௐRIௐVHUYLQJௐWKHௐPHPEHUVௐH[SHULHQFHௐIURPௐRXUௐKRXUௐPHPEHUௐ ZHEVLWHௐRUௐZHEVLWHௐLPSURYHPHQWVௐDQGௐFDSDELOLWLHVௐWRௐWKLQNLQJௐRXWVLGHௐWKHௐER[ௐWRௐKHOSௐDௐ PHPEHUௐILQGௐDௐVROXWLRQ Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC       7DEOH:DUUDQW\ 'HVFULEHLQGHWDLO\RXUPDQXIDFWXUHUZDUUDQW\SURJUDPLQFOXGLQJFRQGLWLRQVDQGUHTXLUHPHQWVWRTXDOLI\FODLPVSURFHGXUH DQGRYHUDOOVWUXFWXUH<RXPD\XSORDGUHSUHVHQWDWLYHVDPSOHVRI\RXUZDUUDQW\PDWHULDOV LIDSSOLFDEOH LQWKHGRFXPHQW XSORDGVHFWLRQRI\RXUUHVSRQVHLQDGGLWLRQWRUHVSRQGLQJWRWKHTXHVWLRQVEHORZ /LQH ,WHP 4XHVWLRQ 5HVSRQVH  'Rௐ\RXUௐZDUUDQWLHVௐFRYHUௐDOOௐSURGXFWVௐSDUWVௐDQGௐ ODERU" :HௐKDYHௐDWWDFKHGௐDOOௐ:DUUDQW\ௐLQIRUPDWLRQௐSURYLGHGௐE\ௐDOOௐௐPDQXIDFWXUHUVௐ RIIHUHGௐLQௐRXUௐSURSRVDOௐDVௐDQௐDGGHGௐDWWDFKPHQW  'Rௐ\RXUௐZDUUDQWLHVௐLPSRVHௐXVDJHௐUHVWULFWLRQVௐRUௐ RWKHUௐOLPLWDWLRQVௐWKDWௐDGYHUVHO\ௐDIIHFWௐFRYHUDJH" (DFKௐPDQXIDFWXUHUௐKDYHௐWKHUHௐRZQௐXVDJHௐUHVWULFWLRQVௐWKDWௐDௐPHPEHUௐVKRXOGௐ EHௐDZDUHௐRIௐ6XFKௐDVௐLPSURSHUௐXVHௐRIௐDௐFKDVVLVௐPD\ௐQRWௐDOORZௐLWௐWRௐEHௐ FRYHUHGௐXQGHUௐZDUUDQW\ௐ)RUௐH[DPSOHௐDௐ)ௐEHLQJௐXVHGௐIRUௐDௐSROLFHௐUDWHGௐSXUVXLWௐYHKLFOHௐZRXOGௐYRLGௐFHUWDLQௐZDUUDQWLHVௐ:HௐHQFRXUDJHௐIRUௐHDFKௐPHPEHUௐWRௐFRQWDFWௐXVௐIRUௐWKHUHௐSDUWLFXODUௐZDUUDQW\ௐFRYHUDJH   'Rௐ\RXUௐZDUUDQWLHVௐFRYHUௐWKHௐH[SHQVHௐRIௐWHFKQLFLDQV¶ௐWUDYHOௐWLPHௐDQGௐPLOHDJHௐWRௐSHUIRUPௐZDUUDQW\ௐUHSDLUV" <HVௐLQௐVRPHௐFDVHVௐRIௐDௐEUHDNGRZQௐPDQXIDFWXUHUVௐZRXOGௐWRZௐDௐPHPEHUௐYHKLFOHௐWRௐWKHUHௐQHDUHVWௐZDUUDQW\ௐUHSDLUௐIDFLOLW\  $UHௐWKHUHௐDQ\ௐJHRJUDSKLFௐUHJLRQVௐRIௐWKHௐ8QLWHGௐ 6WDWHVௐ DQGௐ&DQDGDௐLIௐDSSOLFDEOH ௐIRUௐZKLFKௐ\RXௐFDQQRWௐSURYLGHௐDௐFHUWLILHGௐWHFKQLFLDQௐWRௐSHUIRUPௐZDUUDQW\ௐUHSDLUV"ௐௐ+RZௐZLOOௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐ HQWLWLHVௐLQௐWKHVHௐUHJLRQVௐEHௐSURYLGHGௐVHUYLFHௐIRUௐ ZDUUDQW\ௐUHSDLU" (DFKௐPDQXIDFWXUHௐLVௐGLIIHUHQWௐDQGௐZHௐHQFRXUDJHௐSULRUௐWRௐSXUFKDVLQJௐDௐ SURGXFWௐWRௐFDOOௐLQௐDQGௐDVNௐDERXWௐ\RXUௐVSHFLILFௐUHJLRQௐDQGௐKRZௐLW¶VௐFRYHUHG   :LOOௐ\RXௐFRYHUௐZDUUDQW\ௐVHUYLFHௐIRUௐLWHPVௐPDGHௐE\ௐ RWKHUௐPDQXIDFWXUHUVௐWKDWௐDUHௐSDUWௐRIௐ\RXUௐSURSRVDOௐ RUௐDUHௐWKHVHௐZDUUDQWLHVௐLVVXHVௐW\SLFDOO\ௐSDVVHGௐRQௐ WRௐWKHௐRULJLQDOௐHTXLSPHQWௐPDQXIDFWXUHU" $OOௐZDUUDQWLHVௐDUHௐSDVVHGௐRQௐWRௐWKHௐRULJLQDOௐHTXLSPHQWௐPDQXIDFWXUHU   :KDWௐDUHௐ\RXUௐSURSRVHGௐH[FKDQJHௐDQGௐUHWXUQௐ SURJUDPVௐDQGௐSROLFLHV" :HௐRIIHUௐQRௐH[FKDQJHௐUHWXUQௐSURJUDPVௐRUௐSROLFLHVௐ2QFHௐDQௐRUGHUௐKDVௐ SDVVHGௐDௐFHUWDLQௐSRLQWௐZLWKௐWKHௐIDFWRU\ௐDQGௐ1$)*ௐFDQௐQRWௐFDQFHOௐWKHௐRUGHUௐ DIWHUௐWU\LQJௐWRௐFDQFHOௐZLWKௐWKHௐPDQXIDFWXUHUௐWKHQௐWKHௐRUGHUௐLVௐQRQFDQFHOODEOH   'HVFULEHௐDQ\ௐVHUYLFHௐFRQWUDFWௐRSWLRQVௐIRUௐWKHௐLWHPVௐ LQFOXGHGௐLQௐ\RXUௐSURSRVDO :HௐRIIHUௐDQ\ௐDQGௐDOOௐPDQXIDFWXUHUௐVHUYLFHௐFRQWUDFWVௐWRௐDOOௐPHPEHUVௐ7KHUHௐ DUHௐVHYHUDOௐSDUDPHWHUVௐZKLFKௐDௐFXVWRPL]HGௐVHUYLFHௐFRQWUDFWௐFDQௐEHௐFUHDWHGௐ 1$)*ௐZLOOௐWUHDWௐHDFKௐRIௐWKHVHௐDVௐDQௐDGGHGௐIDFWRU\ௐRSWLRQௐDQGௐIROORZௐWKHௐ VDPHௐGLVFRXQWௐVFKHGXOHௐLQௐWKHௐSULFHௐILOH  7DEOH3D\PHQW7HUPVDQG)LQDQFLQJ2SWLRQV /LQH ,WHP 4XHVWLRQ 5HVSRQVH  :KDWௐDUHௐ\RXUௐSD\PHQWௐWHUPVௐ HJௐQHWௐௐQHWௐ " 3D\PHQWௐWHUPVௐDUHௐ1HWௐௐZLWKௐDௐGD\ௐJUDFHௐSHULRG  'Rௐ\RXௐSURYLGHௐOHDVLQJௐRUௐILQDQFLQJௐRSWLRQVௐHVSHFLDOO\ௐ WKRVHௐRSWLRQVௐWKDWௐVFKRROVௐDQGௐJRYHUQPHQWDOௐHQWLWLHVௐPD\ௐQHHGௐWRௐXVHௐLQௐRUGHUௐWRௐPDNHௐFHUWDLQௐDFTXLVLWLRQV" 1$)*ௐKDVௐSDUWQHUHGௐZLWKௐ1DWLRQDOௐ&RRSHUDWLYHௐ/HDVLQJௐWRௐRIIHUௐ 6RXUFHZHOOௐ&RQWUDFWௐ/HDVHௐ7HUPVௐWRௐDOOௐ1$)*ௐ4XRWHVௐIRUௐDOOௐ6RXUFHZHOOௐ0HPEHUVௐ:HௐKDYHௐDWWDFKHGௐDௐ3')ௐFDOOHGௐ³1&/ௐ6DPSOHௐ/HDVH´ௐLQௐWKHௐ=LSௐ)LOHௐ&DOOHGௐ³PHPEHUௐ:DONௐ7KURXJK´   %ULHIO\ௐGHVFULEHௐ\RXUௐSURSRVHGௐRUGHUௐSURFHVVௐ,QFOXGHௐ HQRXJKௐGHWDLOௐWRௐVXSSRUWௐ\RXUௐDELOLW\ௐWRௐUHSRUWௐTXDUWHUO\ௐVDOHVௐWRௐ6RXUFHZHOOௐDVௐGHVFULEHGௐLQௐWKHௐ&RQWUDFWௐWHPSODWHௐ )RUௐH[DPSOHௐLQGLFDWHௐZKHWKHUௐ\RXUௐGHDOHUௐQHWZRUNௐLVௐ LQFOXGHGௐLQௐ\RXUௐUHVSRQVHௐDQGௐZKHWKHUௐHDFKௐGHDOHUௐ RUௐ VRPHௐRWKHUௐHQWLW\ ௐZLOOௐSURFHVVௐWKHௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐ HQWLWLHV¶ௐSXUFKDVHௐRUGHUV 1$)*ௐLVௐVWUXFWXUHGௐLQௐDௐPDQQHUௐZKHUHௐLWௐFDQௐPRQLWRUௐPRVWௐ WUDQVDFWLRQVௐSUHIRUPHGௐWKURXJKௐRXUௐ6RXUFHZHOOௐ&RQWUDFWVௐ1$)*ௐKDVௐPDGHௐWKHௐWUDFNLQJௐRIௐDOOௐRUGHUVௐDௐUHDVRQDEO\ௐRUJDQL]HGௐPHWKRGௐWRௐ DOORZௐIDVWௐDFFXUDWHௐTXDUWHUO\ௐUHSRUWLQJ  'Rௐ\RXௐDFFHSWௐWKHௐ3FDUGௐSURFXUHPHQWௐDQGௐSD\PHQWௐ SURFHVV"ௐ,IௐVRௐLVௐWKHUHௐDQ\ௐDGGLWLRQDOௐFRVWௐWRௐ6RXUFHZHOOௐ SDUWLFLSDWLQJௐHQWLWLHVௐIRUௐXVLQJௐWKLVௐSURFHVV" <HVௐXSௐWRௐௐௐSHUௐYHKLFOHௐDQ\ௐDPRXQWௐKLJKHUௐWKDQௐௐௐ ZRXOGௐFDUU\ௐDௐ3FDUGௐ&UHGLWௐ&DUGௐWUDQVDFWLRQௐIHHௐZKLFKௐZLOOௐEHௐ SDVVHGௐRQWRௐWKHௐPHPEHU  Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC       7DEOH3ULFLQJDQG'HOLYHU\ 3URYLGHGHWDLOHGSULFLQJLQIRUPDWLRQLQWKHTXHVWLRQVWKDWIROORZEHORZ.HHSLQPLQGWKDWUHDVRQDEOHSULFHDQGSURGXFWDGMXVWPHQWVFDQ EHPDGHGXULQJWKHWHUPRIDQDZDUGHG&RQWUDFWDVGHVULEHGLQWKH5)3WKHWHPSODWH&RQWUDFWDQGWKH6RXUFHZHOO3ULFHDQG3URGXFW &KDQJH5HTXHVW)RUP /LQH ,WHP 4XHVWLRQ 5HVSRQVH  'HVFULEHௐ\RXUௐSULFLQJௐPRGHOௐ HJௐOLQHLWHPௐGLVFRXQWVௐRUௐ SURGXFWFDWHJRU\ௐGLVFRXQWV ௐ3URYLGHௐGHWDLOHGௐSULFLQJௐGDWDௐ LQFOXGLQJௐVWDQGDUGௐRUௐOLVWௐSULFLQJௐDQGௐWKHௐ6RXUFHZHOOௐ GLVFRXQWHGௐSULFH ௐRQௐDOOௐRIௐWKHௐLWHPVௐWKDWௐ\RXௐZDQWௐ 6RXUFHZHOOௐWRௐFRQVLGHUௐDVௐSDUWௐRIௐ\RXUௐ5)3ௐUHVSRQVHௐ,Iௐ DSSOLFDEOHௐSURYLGHௐDௐ6.8ௐIRUௐHDFKௐLWHPௐLQௐ\RXUௐSURSRVDOௐ 8SORDGௐ\RXUௐSULFLQJௐPDWHULDOVௐ LIௐDSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐ XSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH 1$)*ௐLVௐRIIHULQJௐ/LQHௐ,WHPௐ'LVFRXQWVௐ2IIௐ0653ௐIRUௐௐ PDQXIDFWXUHUVௐGHWDLOHGௐLQௐWKHௐ3ULFHௐ)LOHௐ1$)*ௐLVௐRIIHULQJௐDOOௐ8SILWVௐWRௐEHௐDGGHGௐWRௐDQ\ௐDQGௐDOOௐFKDVVLVௐFDEVௐDQGௐWUXFNVௐGHWDLOVௐDUHௐRQௐ WKHௐ3ULFHௐ6XPPDU\ௐ3DJHௐLQௐWKHௐSULFHௐILOH  4XDQWLI\ௐWKHௐSULFLQJௐGLVFRXQWௐUHSUHVHQWHGௐE\ௐWKHௐSULFLQJௐ SURSRVDOௐLQௐWKLVௐUHVSRQVHௐ)RUௐH[DPSOHௐLIௐWKHௐSULFLQJௐLQௐ \RXUௐUHVSRQVHௐUHSUHVHQWVௐDௐSHUFHQWDJHௐGLVFRXQWௐIURPௐ0653ௐ RUௐOLVWௐVWDWHௐWKHௐSHUFHQWDJHௐRUௐSHUFHQWDJHௐUDQJH 1$)*ௐ'LVFRXQWௐ5DQJHௐSHUௐ0DQXIDFWXUHUௐLVௐDVௐIROORZVௐ )RUGௐ0RWRUௐ&RPSDQ\ௐIURPௐௐWRௐ 5$0ௐ)&$ௐ&RPSDQ\ௐIURPௐௐWRௐ &KHYUROHWௐIURPௐௐWRௐ +,12ௐIURPௐௐWRௐ,68=8ௐIURPௐௐWRௐ ,QWHUQDWLRQDOௐIURPௐௐWRௐ 9ROYRௐIURPௐௐWRௐ )UHLJKWOLQHUௐ:HVWHUQௐ6WDUௐIURPௐௐWRௐ 0$&.ௐIURPௐௐWRௐ .HQZRUWKௐIURPௐௐWRௐ 3HWHUELOWௐIURPௐௐWRௐ 8SILWVௐFDQௐEHௐDGGHGௐDWௐGHDOHUௐLQYRLFHௐXSௐWRௐௐGHWDLOHGௐLQௐWKHௐ SULFHௐILOH   'HVFULEHௐDQ\ௐTXDQWLW\ௐRUௐYROXPHௐGLVFRXQWVௐRUௐUHEDWHௐSURJUDPVௐWKDWௐ\RXௐRIIHU:HௐHQFRXUDJHௐDQ\ௐDQGௐDOOௐPHPEHUVௐWRௐFRQWDFWௐXVௐLIௐFRQVLGHULQJௐRUGHULQJௐௐRUௐPRUHௐXQLWVௐIRUௐDQௐDGGLWLRQDOௐGLVFRXQWௐTXRWH  3URSRVHௐDௐPHWKRGௐRIௐIDFLOLWDWLQJௐ³VRXUFHG´ௐSURGXFWVௐRUௐ UHODWHGௐVHUYLFHVௐZKLFKௐPD\ௐEHௐUHIHUUHGௐWRௐDVௐ³RSHQௐPDUNHW´ௐLWHPVௐRUௐ³QRQVWDQGDUGௐRSWLRQV´ௐ)RUௐH[DPSOHௐ\RXௐPD\ௐVXSSO\ௐVXFKௐLWHPVௐ³DWௐFRVW´ௐRUௐ³DWௐFRVWௐSOXVௐDௐSHUFHQWDJH´ௐ RUௐ\RXௐPD\ௐVXSSO\ௐDௐTXRWHௐIRUௐHDFKௐVXFKௐUHTXHVW 2SHQௐ0DUNHWௐSURGXFWVௐRUௐ6RXUFHGௐ*RRGVௐZLOOௐEHௐWUHDWHGௐDVௐDQ\ௐXSILWௐ DQGௐPD\ௐEHௐTXRWHGௐXSௐWRௐDௐௐPDUNXSௐLIௐDSSOLFDEOH  ,GHQWLI\ௐDQ\ௐHOHPHQWௐRIௐWKHௐWRWDOௐFRVWௐRIௐDFTXLVLWLRQௐWKDWௐLVௐ127ௐLQFOXGHGௐLQௐWKHௐSULFLQJௐVXEPLWWHGௐZLWKௐ\RXUௐUHVSRQVHௐ 7KLVௐLQFOXGHVௐDOOௐDGGLWLRQDOௐFKDUJHVௐDVVRFLDWHGௐZLWKௐDௐ SXUFKDVHௐWKDWௐDUHௐQRWௐGLUHFWO\ௐLGHQWLILHGௐDVௐIUHLJKWௐRUௐ VKLSSLQJௐFKDUJHVௐ)RUௐH[DPSOHௐOLVWௐFRVWVௐIRUௐLWHPVௐOLNHௐSUH GHOLYHU\ௐLQVSHFWLRQௐLQVWDOODWLRQௐVHWௐXSௐPDQGDWRU\ௐWUDLQLQJௐRUௐ LQLWLDOௐLQVSHFWLRQௐ,GHQWLI\ௐDQ\ௐSDUWLHVௐWKDWௐLPSRVHௐVXFKௐFRVWVௐ DQGௐWKHLUௐUHODWLRQVKLSௐWRௐWKHௐ3URSRVHU $OOௐFRQVLGHUDWLRQVௐKDYHௐEHHQௐWDNHQௐLQWRௐDFFRXQWௐLQௐWKHௐSULFHௐILOHௐLQௐLWVௐHQWLUHW\ௐ3ULFHௐ6XPPDU\ௐ3DJHௐDQGௐ3ULFHௐ7DEVௐFRQWDLQௐDOOௐFRVWVௐ DVVRFLDWHGௐZLWKௐDOOௐTXRWHVௐ,IௐDௐPHPEHUௐZRXOGௐOLNHௐDௐTXRWHௐIRUௐDௐ SDUWLFXODUௐVLWXDWLRQௐDQGௐWKHௐLWHPௐUHTXLUHVௐVSHFLDOௐWUDLQLQJௐRUௐ LQVWDOODWLRQௐWKHVHௐFKDUJHVௐZRXOGௐEHௐDGGHGௐDVௐSDUWௐRIௐWKHௐXSILWௐDQGௐ LQFOXGHGௐLQௐWKHௐPHPEHUVௐTXRWH   ,IௐIUHLJKWௐGHOLYHU\ௐRUௐVKLSSLQJௐLVௐDQௐDGGLWLRQDOௐFRVWௐWRௐWKHௐ 6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLW\ௐGHVFULEHௐLQௐGHWDLOௐWKHௐ FRPSOHWHௐIUHLJKWௐVKLSSLQJௐDQGௐGHOLYHU\ௐSURJUDP $OOௐPDQXIDFWXUHUVௐFKDUJHௐDௐVWDQGDUGL]HGௐ³)DFWRU\ௐ'HVWLQDWLRQௐ&KDUJH´ௐ ZKLFKௐLVௐGLVSOD\HGௐRQௐDOOௐZLQGRZௐVWLFNHUVௐDQGௐRQௐDOOௐWUXFNVௐRQௐDௐ GHDOHU¶VௐORWௐ7KLVௐLVௐQRWௐWKHௐGHVWLQDWLRQௐFKDUJHௐWKDWௐPD\EHௐFKDUJHGௐ WRௐVKLSௐDௐFKDVVLVௐWRௐDQGௐIURPௐDQௐLQVWDOOHUௐWKHVHௐDGGLWLRQDOௐVXEVHTXHQWௐPRYHPHQWVௐDUHௐDOOௐDGGHGௐIUHLJKWௐFKDUJHVௐDQGௐZLOOௐGLVSOD\HGௐRQௐWKHௐPHPEHUVௐTXRWH   6SHFLILFDOO\ௐGHVFULEHௐIUHLJKWௐVKLSSLQJௐDQGௐGHOLYHU\ௐWHUPVௐRUௐSURJUDPVௐDYDLODEOHௐIRUௐ$ODVNDௐ+DZDLLௐ&DQDGDௐRUௐDQ\ௐRIIVKRUHௐGHOLYHU\ )UHLJKWௐWRௐWKHVHௐUHJLRQVௐFDUU\ௐDௐVSHFLILFௐORJLVWLFDOௐEDUULHUௐZKLFKௐFDUU\ௐDGGHGௐFRVWௐVXFKௐDVௐIHUU\ௐSRUWௐDQGௐGULYHUௐFRVWௐERWKௐWRௐDQGௐIURPௐWKHௐPDLQODQGௐ7KHVHௐDGGHGௐFRVWVௐZLOOௐEHௐGLVFORVHGௐDQGௐDGGHGௐWRௐDQ\ௐ TXRWHௐIRUௐWKHௐPHPEHUௐWRௐUHYLHZ   'HVFULEHௐDQ\ௐXQLTXHௐGLVWULEXWLRQௐDQGRUௐGHOLYHU\ௐPHWKRGVௐRUௐRSWLRQVௐRIIHUHGௐLQௐ\RXUௐSURSRVDO1$)*ௐZLOOௐXWLOL]HௐWKHௐSRZHUௐDQGௐH[SHUWLVHௐRIௐWKHௐDOUHDG\ௐHVWDEOLVKHGௐ$XWRPRELOHௐ)UDQFKLVHௐ'LVWULEXWLRQௐ1HWZRUNௐWRௐKDYHௐPHPEHUVௐYHKLFOHVௐGHOLYHUHGௐSURPSWO\ௐWKHUHௐGHVWLQDWLRQ  7DEOH3ULFLQJ2IIHUHG /LQH ,WHP 7KH3ULFLQJ2IIHUHGLQWKLV3URSRVDOLV &RPPHQWV  FEHWWHUWKDQWKH3URSRVHUW\SLFDOO\RIIHUVWR*32VFRRSHUDWLYHSURFXUHPHQWRUJDQL]DWLRQVRUVWDWHSXUFKDVLQJ GHSDUWPHQWV :HௐZRXOGௐQHYHUௐRIIHUௐDQ\ௐ RWKHUௐRUJDQL]DWLRQௐZKDWௐZHௐRIIHUௐ6RXUFHZHOOௐLQௐYROXPHௐSULFLQJௐDQGௐRIIHULQJV Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC       7DEOH$XGLWDQG$GPLQLVWUDWLYH)HH /LQH ,WHP 4XHVWLRQ 5HVSRQVH  6SHFLILFDOO\ௐGHVFULEHௐDQ\ௐVHOIDXGLWௐSURFHVVௐRUௐSURJUDPௐWKDWௐ\RXௐ SODQௐWRௐHPSOR\ௐWRௐYHULI\ௐFRPSOLDQFHௐZLWKௐ\RXUௐSURSRVHGௐ&RQWUDFWௐZLWKௐ6RXUFHZHOOௐ7KLVௐSURFHVVௐLQFOXGHVௐHQVXULQJௐWKDWௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐREWDLQௐWKHௐSURSHUௐSULFLQJௐWKDWௐWKHௐ9HQGRUௐ UHSRUWVௐDOOௐVDOHVௐXQGHUௐWKHௐ&RQWUDFWௐHDFKௐTXDUWHUௐDQGௐWKDWௐWKHௐ 9HQGRUௐUHPLWVௐWKHௐSURSHUௐDGPLQLVWUDWLYHௐIHHௐWRௐ6RXUFHZHOO :HௐKDYHௐFUHDWHGௐDௐPHPEHUௐIULHQGO\ௐHDV\ௐWRௐEXLOGௐRQOLQHௐ TXRWLQJௐV\VWHPௐIRUௐPHPEHUVௐWRௐXVHௐ3ULFLQJௐLVௐEXLOWௐGLUHFWO\ௐLQWRௐWKHௐZHEVLWHௐDQGௐLVௐORDGHGௐGDLO\ௐE\ௐWKHௐPDQXIDFWXUHௐ0653ௐLQIRUPDWLRQௐ2XUௐV\VWHPௐZLOOௐSURYLGHௐDQௐDFFXUDWHௐTXRWHௐ ௐRIௐWKHௐWLPHௐ:HௐKDYHௐVWUHDPௐOLQHGௐKRZௐRXUௐDGPLQௐ IHHௐLVௐSURFHVVHGௐWRௐDOORZௐDௐTXLFNௐௐGD\ௐWXUQௐDURXQGௐRQௐ TXDUWHUO\ௐUHSRUWV   ,GHQWLI\ௐDௐSURSRVHGௐDGPLQLVWUDWLYHௐIHHௐWKDWௐ\RXௐZLOOௐSD\ௐWRௐ 6RXUFHZHOOௐIRUௐIDFLOLWDWLQJௐPDQDJLQJௐDQGௐSURPRWLQJௐWKHௐ6RXUFHZHOOௐ &RQWUDFWௐLQௐWKHௐHYHQWௐWKDWௐ\RXௐDUHௐDZDUGHGௐDௐ&RQWUDFWௐௐ7KLVௐIHHௐLVௐ W\SLFDOO\ௐFDOFXODWHGௐDVௐDௐSHUFHQWDJHௐRIௐ9HQGRU¶VௐVDOHVௐXQGHUௐWKHௐ &RQWUDFWௐRUௐDVௐDௐSHUXQLWௐIHHௐLWௐLVௐQRWௐDௐOLQHLWHPௐDGGLWLRQௐWRௐWKHௐ 0HPEHU¶VௐFRVWௐRIௐJRRGVௐ 6HHௐWKHௐ5)3ௐDQGௐWHPSODWHௐ&RQWUDFWௐIRUௐ DGGLWLRQDOௐGHWDLOV 2XUௐ$GPLQௐ)HHௐKDVௐEHHQௐVWUHDPOLQHGௐWRௐDOORZௐIRUௐJURZWKௐWRௐ RFFXUௐZLWKௐPDLQWDLQLQJௐDௐKLJKௐOHYHOௐRIௐDFFXUDF\ௐDQGௐUHSRUWLQJௐ 2XUௐSURSRVHGௐDGPLQௐIHHௐZRXOGௐIROORZௐWKHVHௐJXLGHOLQHV )ௐ)ௐ)ௐDQGௐOLNHௐPRGHOVௐௐ ௐௐௐIODW )ௐDQGௐDERYHௐ ௐௐௐIODWௐ 3DUWQHUௐ'HDOVௐ 1$)*ௐ3DUWQHUVௐZLWKௐDQRWKHUௐGHDOHU ௐ ௐௐௐ IODW$OOௐRWKHUௐPRGHOVௐ)ௐDQGௐEHORZௐ ௐௐௐIODW  7DEOH$'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV /LQH ,WHP 4XHVWLRQ 5HVSRQVH  3URYLGHௐDௐGHWDLOHGௐGHVFULSWLRQௐRIௐWKHௐ HTXLSPHQWௐSURGXFWVௐDQGௐVHUYLFHVௐWKDWௐ\RXௐ DUHௐRIIHULQJௐLQௐ\RXUௐSURSRVDO 1$)*ௐLVௐSURYLGLQJ ௐ0DQXIDFWXUHUVௐWRWDOLQJௐDERYHௐௐPDNHVௐPRGHOVௐDQGௐWULPVௐUDQJLQJௐIURPௐ&ODVVௐ ௐWRௐ&ODVVௐௐ&DEௐDQௐ&KDVVLVௐDQGௐWUXFNVௐ:LWKௐDYDLODEOHௐ8SILWVௐWRௐEHௐDGGHGௐUDQJLQJௐIURPௐWRROௐER[HVௐWRௐ/LQHௐ0HFKDQLFVௐ%RGLHVௐ$Q\ௐDQGௐDOOௐXSILWVௐFDQௐEHௐDGGHGௐWRௐRXUௐFKDVVLVௐFDEVௐHLWKHUௐE\ௐRXUௐXSILWௐSDUWQHUௐVXSSOLHUௐRUௐE\ௐDௐPHPEHUVௐXSILWௐVXSSOLHUௐ ZRUNLQJௐZLWKௐ1$)*ௐWRௐSURYLGHௐDௐ7XUQௐ.H\ௐ4XRWH   :LWKLQௐWKLVௐ5)3ௐFDWHJRU\ௐWKHUHௐPD\ௐEHௐVXEFDWHJRULHVௐRIௐVROXWLRQVௐ/LVWௐVXEFDWHJRU\ௐ WLWOHVௐWKDWௐEHVWௐGHVFULEHௐ\RXUௐSURGXFWVௐDQGௐ VHUYLFHV 1$)*ௐ/LVWVௐDOOௐPDNHVௐPRGHOVௐDQGௐWULPVௐLQௐHDFKௐ=,3ௐILOHௐXQGHUௐ=,3ௐ)LOHௐ³$OOௐௐ0DQXIDFWXUHUV´ௐUHSUHVHQWLQJௐDௐFRPELQHGௐRYHUௐௐPDNHVௐPRGHOVௐDQGௐWULPௐ FRPELQDWLRQVௐIRUௐPHPEHUVௐWRௐFKRRVHௐIURPௐDORQJௐZLWKௐDௐVXEWLWOHௐ³8SILWV´ௐGHWDLOHGௐLQௐ WKHௐSULFHௐILOH  7DEOH%'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV ,QGLFDWHEHORZZKDW&ODVVHVRIHTXLSPHQWDUHRIIHUHGLQWKLVSURSRVDO /LQH,WHP &DWHJRU\RU7\SH 2IIHUHG &RPPHQWV  &ODVVௐௐFKDVVLV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐDERYHௐௐ PDNHVௐDQGௐPRGHOV   &ODVVௐௐFKDVVLV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐDERYHௐௐPDNHVௐDQGௐPRGHOV   &ODVVௐௐFKDVVLV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐDERYHௐௐ PDNHVௐDQGௐPRGHOV   &ODVVௐௐFKDVVLV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐDERYHௐௐ PDNHVௐDQGௐPRGHOV   &ODVVௐௐFKDVVLV <HV 1R ௐ0DQXIDFWXUHUVௐWRWDOLQJௐDERYHௐௐ PDNHVௐDQGௐPRGHOV  Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC       7DEOH,QGXVWU\6SHFLILF4XHVWLRQV /LQH ,WHP 4XHVWLRQ 5HVSRQVH  ,Iௐ\RXௐDUHௐDZDUGHGௐDௐFRQWUDFWௐSURYLGHௐDௐ IHZௐH[DPSOHVௐRIௐLQWHUQDOௐPHWULFVௐWKDWௐZLOOௐEHௐWUDFNHGௐWRௐPHDVXUHௐZKHWKHUௐ\RXௐDUHௐKDYLQJௐVXFFHVVௐZLWKௐWKHௐFRQWUDFW ,IௐDZDUGHGௐ1$)*ௐZLOOௐNHHSௐWUDFNௐRIௐWKHௐQXPEHUௐRIௐFOLHQWௐTXRWHVௐLWௐSURFHVVHVௐZKLFKௐ ZLOOௐEHௐGRQHௐYLDௐRXUௐZHEVLWHௐDQGௐHDV\ௐWRௐRYHUVHHௐDQGௐEDVHௐWKLVௐGDWDௐPRQWKௐDIWHUௐPRQWKௐWRௐVHHௐLIௐRXUௐLQWHUHVWௐLVௐJURZLQJௐDWௐWKHௐH[SHFWHGௐUDWHௐZHௐZRXOGௐH[SHFW  'HVFULEHௐ\RXUௐFRPSDQ\ VௐRIIHULQJௐLQௐ UHODWLRQௐWRௐDOWHUQDWLYHௐIXHOௐVRXUFHVௐLQFOXGLQJௐHOHFWULFௐRUௐRWKHUV 2XUௐPDQXIDFWXUHUVௐSURGXFWVௐDUHௐDOZD\VௐVWULYLQJௐWRௐEULQJௐWRௐPDUNHWௐWKHௐODWHVWௐJUHHQௐ YHKLFOHVௐWRௐDFFRPPRGDWHௐWKHௐHYHULQFUHDVLQJௐGHPDQGௐIRUௐHFKRௐIULHQGO\ௐWUDQVSRUWDWLRQ  'HVFULEHௐDQ\ௐPDQXIDFWXULQJௐSURFHVVHVௐRUௐ PDWHULDOVௐXWLOL]HGௐWKDWௐFRQWULEXWHௐWRௐFKDVVLVௐVWUHQJWKௐFDEௐVWUHQJWKௐRYHUDOOௐGXUDELOLW\ௐGULYHUௐVDIHW\ௐWKDWௐGLIIHUHQWLDWHௐ\RXUௐRIIHULQJV 5HSUHVHQWLQJௐௐPDQXIDFWXUHUVௐLQௐRXUௐUHVSRQVHௐZHௐDUHௐSRVLWLYHௐZHௐUHSUHVHQWௐWKHௐ EHVWௐRIௐWKHௐEHVWௐLQௐFKDVVLVௐSURGXFWLRQௐDQGௐUHSUHVHQWௐDOOௐVWUHQJWKVௐHDFKௐPDQXIDFWXUHௐKDVௐWRௐRIIHU  'HVFULEHௐDQ\ௐGLIIHUHQWLDWLQJௐVHUYLFHDELOLW\ௐ DWWULEXWHVௐ UHPRWHௐGLDJQRVWLFVௐHWF ௐ\RXUௐSURSRVDOௐRIIHUV 7HOHPDWLFVௐFDQௐEHௐDGGHGௐWRௐDQ\ௐTXRWHௐIRUௐDQ\ௐPHPEHUௐVLQFHௐHDFKௐPDQXIDFWXUHUௐ RIIHUVௐVRPHௐIRUPௐRIௐWHOHPDWLFVௐLIௐQRWௐZHௐFDQௐTXRWHௐLWௐDVௐDௐVHSDUDWHௐXSILWௐ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³0DUNHWLQJ3ODQ´ )LQDQFLDO6WUHQJWKDQG6WDELOLW\0DUNHW3ODFH6XFFHVVDQG)LQDQFLDO6WDELOLW\]LS6XQGD\-XQH 0DUNHWLQJ3ODQ6DPSOHV1$)*0DUNHWLQJ3ODQ]LS0RQGD\-XQH :0%(0%(6%(RU5HODWHG&HUWLILFDWHV,QVXUDQFHDQG5HODWHG&HUWLILFDWHV]LS0RQGD\-XQH :DUUDQW\,QIRUPDWLRQ:DUUDQW\,QIRIRU0DQXIDFWXUHUV]LS6XQGD\-XQH 3ULFLQJ1$)*3ULFH)LOHIRU5)3]LS0RQGD\-XQH $GGLWLRQDO'RFXPHQW$//0$18)$&785(5602'(/ 6$1'0(0%(5:$/.7+528*+ 6]LS0RQGD\-XQH  Bid Number: RFP 060920 Vendor Name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¶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³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURO RIWKH8QLWHG6WDWHV'HSDUWPHQWRIWKH7UHDVXU\IRXQGDWKWWSVZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI E ,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW KWWSVZZZVDPJRYSRUWDORU F 3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHG Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC       E\WKH6WDWHRI0LQQHVRWDWKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOHRUDQ\ 3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULWQRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVH UHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶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id Number: RFP 060920 Vendor Name: 72 HOUR LLC       020923-FCC Rev. 3/2022 1 Solicitation Number: 020923 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Federal Contracts Corp., 12918 North Nebraska Avenue, Tampa, FL 33612-4446 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Portable Construction Equipment with Related Accessories and Attachments from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires April 20, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 2 Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 3 returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 4 • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 5 contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 6 • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 7 by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 8 E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 9 resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 10 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 11 • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 12 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 – annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 13 general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 14 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 15 all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 16 §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 17 L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 020923-FCC Rev. 3/2022 18 S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Federal Contracts Corp. By: __________________________ By: __________________________ Jeremy Schwartz Rusty Pugh Title: Chief Procurement Officer Title: Executive Vice President Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 4/12/2023 | 7:33 PM CDT 5/4/2023 | 12:06 PM PDT 5/4/2023 | 6:15 PM CDT RFP 020923 - Portable Construction Equipment with Related Accessories and Attachments Vendor Details Company Name:Federal Contracts Corp Does your company conduct business under any other name? If yes, please state: Florida Address: 12918 North Nebraska Avenue Tampa, FL 33612 Contact:Russell Pugh Email:rusty@federalcontractscorp.com Phone:813-373-3084 Fax:813-631-0008 HST#:42-1613127 Submission Details Created On:Thursday January 05, 2023 08:54:38 Submitted On:Wednesday February 08, 2023 14:57:06 Submitted By:Russell Pugh Email:rusty@federalcontractscorp.com Transaction #:c43216f0-450b-4e50-8d40-18b763d8024b Submitter's IP Address:97.79.23.6 Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation). Line Item Question Response * 1 Proposer Legal Name (one legal entity only):   (In the event of award, will execute the  resulting contract as "Supplier") Federal Contracts Corp * 2 Identify all subsidiary entities of the Proposer  whose equipment, products, or services are  included in the Proposal. Signal Power, LLC * 3 Identify all applicable assumed names or DBA  names of the Proposer or Proposer's  subsidiaries in Line 1 or Line 2 above. Signal Power * 4 Provide your CAGE code or Unique Entity  Identifier (SAM): TK67EL9NPMD9 * 5 Proposer Physical Address:12918 North Nebraska Avenue, Tampa, FL 33612-4446 * 6 Proposer website address (or addresses):https://federalcontractscorp.com/ * 7 Proposer's Authorized Representative (name,  title, address, email address & phone) (The  representative must have authority to sign  the “Proposer’s Assurance of Compliance” on  behalf of the Proposer and, in the event of  award, will be expected to execute the  resulting contract): Rusty Pugh, Executive Vice President, 12918 North Nebraska Avenue, Tampa, FL  33612-4446, rusty@federalcontractscorp.com, 813-631-0000 * 8 Proposer's primary contact for this proposal  (name, title, address, email address & phone): Rusty Pugh, Executive Vice President, 12918 North Nebraska Avenue, Tampa, FL  33612-4446, rusty@federalcontractscorp.com, 813-631-0000 * 9 Proposer's other contacts for this proposal, if  any (name, title, address, email address &  phone): Dough Zukowski, President Signal Power, 3500 North Hawthorne Street, Suite 148,  Chatanooga, TN 37406, doug@hybridtower.com, 423-332-1086. Table 2: Company Information and Financial Strength Line Item Question Response * 10 Provide a brief history of your company,  including your company’s core values,  business philosophy, and industry longevity  related to the requested equipment, products  or services. Federal Contracts Corp is a Certified Small Business, HUBZone, and Service- Disabled Veteran Owned Business founded in 2003. Our mission is to create quality  contracts between government agencies and construction equipment manufacturers.  We represent approximately 30 equipment manufacturers on cooperative, federal and  military contracts. Caterpillar, Felling Trailer, Mack truck, Manitowoc cranes, and  Polaris are just a handful of the companies we represent. FCC has a long history  with NJPA and now Sourcewell. In fact, FCC had the very first NJPA contract. In  2018 our CEO, Clark Ricke, was recognized at H2O as a "Distinguished Difference  Maker". Today, FCC is widely recognized as one of the leading contracting  agencies with the General Services Administration and the Defense Logistics Agency. Signal Power, LLC began as a company manufacturing diesel driven pumps in  2001. Over the years it has evolved into an innovative next gen LED lighting  company. Signal Power, LLC currently serves federal and military agencies designing  and manufacturing HYBRID light towers and specialty LED lighting fixtures. These  towers are capable of use as radar, air quality monitoring, mass notification,  signage, gunshot detection, power generation, as well as many other applications. * 11 What are your company’s expectations in the  event of an award? FCC and Signal Power expect to serve Sourcewell members with next-gen lighting  solutions and well as subcategory applications for radar, air quality monitoring,  gunshot detection, video surveillance, etc. Sourcewell will be our first and best  solution for cooperative purchasing. We are excited to bring to Sourcewell members  the same next-gen lighting that is currently being designed and produced for the  Navy and the US fighting soldier on our pending Defense Logistics Agency contract. * Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 12 Demonstrate your financial strength and  stability with meaningful data. This could  include such items as financial statements,  SEC filings, credit and bond ratings, letters  of credit, and detailed reference letters.  Upload supporting documents (as applicable)  in the document upload section of your  response. Federal Contracts Corp has never touched our open line of credit, we are solvent  and profitable. We are a brick-and-mortar business with a robust sales staff and  overall headcount of approximately 22. We have exceeded our previous year of  business every year since our founding. Attached are multiple letters of reference,  as well as a document from Bank of America attesting to our financial strength. * 13 What is your US market share for the  solutions that you are proposing? The HYBRIDTOWER being proposed is extremely unique in the light tower market  with three patents containing 52 claims.  These patents have now been in place,  from patent pending to full patent, for over nine (9) years.  The HYBRIDTOWER is  the next generation in the evolution of the light tower.  This being said, market  share for a “hybrid” light tower should be nearly 100%, yet very small when  compared to the traditional diesel market. * 14 What is your Canadian market share for the  solutions that you are proposing? The HYBRIDTOWER being proposed is extremely unique in the light tower market  with three patents containing 52 claims.  These patents have now been in place,  from patent pending to full patent, for over nine (9) years.  The HYBRIDTOWER is  the next generation in the evolution of the light tower.  This being said, market  share for a “hybrid” light tower should be nearly 100%, yet very small when  compared to the traditional diesel market. * 15 Has your business ever petitioned for  bankruptcy protection? If so, explain in detail. No, we have never petitioned for bankruptcy protection. * 16 How is your organization best described: is  it a manufacturer, a distributor/dealer/reseller,  or a service provider?  Answer whichever  question (either a) or b) just below) best  applies to your organization. a)    If your company is best described as  a distributor/dealer/reseller (or similar entity),  provide your written authorization to act as a  distributor/dealer/reseller for the manufacturer  of the products proposed in this RFP. If  applicable, is your dealer network  independent or company owned? b)    If your company is best described as  a manufacturer or service provider, describe  your relationship with your sales and service  force and with your dealer network in  delivering the products and services  proposed in this RFP. Are these individuals  your employees, or the employees of a third  party? Federal Contracts Corp is an authorized distributor/reseller for Signal Power, LLC.  FCC has been asked to represent Signal Power, LLC regarding Sourcewell. FCC  is independently owned and operated. An authorization letter from Signal Power to  represent Signal Power, LLC has been attached. * 17 If applicable, provide a detailed explanation  outlining the licenses and certifications that  are both required to be held, and actually  held, by your organization (including third  parties and subcontractors that you use) in  pursuit of the business contemplated by this  RFP. There are no required licenses or certifications for the light tower being proposed. * 18 Provide all “Suspension or Debarment”  information that has applied to your  organization during the past ten years. N/A. There has been no suspension or debarment during the past 10 years. * Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Table 3: Industry Recognition & Marketplace Success Line Item Question Response * 19 Describe any relevant industry awards or  recognition that your company has received  in the past five years Signal Power, LLC has been recognized with three patents and 52 claims in  evolutionary lighting designs and solutions. * 20 What percentage of your sales are to the  governmental sector in the past three years Approximately 90% of sales of Signal Power, LLC LED light towers are to  government and military. * 21 What percentage of your sales are to the  education sector in the past three years Signal Power, LLC LED light towers have been almost exclusively sold to federal  and military markets. The percentage sold into education would be fractional.  Education will be a tremendous growth market for our hybrid light towers and a  new solution not currently available to Sourcewell members. * 22 List any state, provincial, or cooperative  purchasing contracts that you hold. What is  the annual sales volume for each of these  contracts over the past three years? Signal Power, LLC has just recently been awarded a CMAS (California Multiple  Award Schedule) contract. Signal Power, LLC also recently won through Federal  Contracts Corp, a Florida Sheriffs Award contract. As these are new contracts, we  do not yet have a sales history. * 23 List any GSA contracts or Standing Offers  and Supply Arrangements (SOSA) that you  hold. What is the annual sales volume for  each of these contracts over the past three  years? Signal Power, LLC light towers are available on GSA contract number GSA-03F- 113DA. Additionally on BPA H9224020D0021 for the United States Special  Operations Command. Sales have been $225,000 in 2022. A Defense Logistics  Agency contract is pending. * Table 4: References/Testimonials Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name *Contact Name *Phone Number * General Services Administration, Office of  Fleet Management Joe Niewiadomski 312-343-0910 * U.S. Fish and Wildlife Services Clint DeMenge 218-768-2402 ext 102 * Army Corp of Engineers Shawn Huebner 386-328-2737 * Table 5: Top Five Government or Education Customers Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type *State / Province *Scope of Work *Size of Transactions *Dollar Volume Past Three Years * United States  Army Government District of Columbia - DC Heavy-Duty Construction  Equipment $25,000-$500,000 Aggregate - $23.7 million * United States  Army Corp of  Engineers Government District of Columbia - DC Medium to Heavy-Duty  Construction Equipment $25,000-$500,000 Aggregate - $18.9 million * United States  Navy Government District of Columbia - DC Light, Medium, and Heavy-Duty  Construction Equipment as well  as trailers. $10,000-$250,000 Aggregate - $14.9 million * Department of  Energy Government District of Columbia - DC Light, Medium, and Heavy-Duty  Construction Equipment as well  as aerial and bucket trucks and  utility vehicles $10,000-$250,000 Aggregate - $10.6 million * National Park  Service Government District of Columbia - DC Utility vehicles, trailers, trucks,  and a wide variety of grounds  maintenance equipment. $10,000-$100,000 Aggregate - $10.2 million * Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Table 6: Ability to Sell and Deliver Service Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response * 26 Sales force.Federal Contracts Corp has an eight person sales staff. This team attends trade  shows and conducts site visits for product demonstration. Federal Contracts Corp has  a long-standing relationship with Sourcewell and Sourcewell members. We are  dedicated to marketing and delivering this lighting solution to Sourcewell members  and potential Sourcewell members. * 27 Dealer network or other distribution  methods. Signal Power, LLC utilizes both the Caterpillar dealer network and United Rentals  locations across the US and Canada. The aggregate total of locations is  approximately 1,600 locations. * 28 Service force.Service can be provided by both the Caterpillar dealer network and United Rentals  locations in both the US and Canada. * 29 Describe the ordering process. If orders  will be handled by distributors, dealers or  others, explain the respective roles of the  Proposer and others. Orders will be placed directly with Federal Contracts Corp. Quotations will be directly  with Federal Contracts Corp. Sourcewell members can return to their contact for  quotation to place their order. We will have a dedicated team member for quotations  and order placement for continuity and ease of doing business for Sourcewell  members. * 30 Describe in detail the process and  procedure of your customer service  program, if applicable.  Include your  response-time capabilities and  commitments, as well as any incentives  that help your providers meet your stated  service goals or promises. We have a long-standing relationship with United Rentals in both the United States  and Canada. United Rentals will be providing aftersales support as needed. United is  well versed in the need for rapid response time. United Rentals has the proposed  units in their rental fleet. This ensures their familiarity with the product and their ability  to provide service. Additionally, we have a 20-year relationship with the Caterpillar  dealer network. In fact, Federal Contracts Corp holds Caterpillar special dealer status.  Caterpillar can provide support for Sourcewell members as needed. * 31 Describe your ability and willingness to  provide your products and services to  Sourcewell participating entities in the  United States. We are fully committed, able and willing to provide our products and services to all  Sourcewell participating entities in the United States. * 32 Describe your ability and willingness to  provide your products and services to  Sourcewell participating entities in Canada. We are fully committed to and willing and able to provide our products and services  to Sourcewell participating entities in Canada. * 33 Identify any geographic areas of the United  States or Canada that you will NOT be  fully serving through the proposed contract. We will be fully committed to serving all geographic areas of the United States and  Canada. * 34 Identify any Sourcewell participating entity  sectors (i.e., government, education, not-for- profit) that you will NOT be fully serving  through the proposed contract. Explain in  detail. For example, does your company  have only a regional presence, or do other  cooperative purchasing contracts limit your  ability to promote another contract? We will be fully serving all Sourcewell participating entity sectors in our proposal. * 35 Define any specific contract requirements  or restrictions that would apply to our  participating entities in Hawaii and Alaska  and in US Territories. There are no specific requirements or restrictions for participating entities in Hawaii,  Alaska, and US Territories. * Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Table 7: Marketing Plan Line Item Question Response * 36 Describe your marketing strategy for  promoting this contract opportunity.   Upload representative samples of your  marketing materials (if applicable) in  the document upload section of your  response. Marketing will be via trade shows, social media, and direct marketing campaigns to  Sourcewell members and potential members. Federal Contracts Corp is involved in about  20 tradeshows a year. As our core business is government sales, many of these shows  are to government agencies. We heavily work social media, LinkedIn in particular. We will  market our Sourcewell contract on Facebook, Instagram, and LinkedIn as well as our own  website. FCC is committed to marketing this product and if awarded, this contract to  participating Sourcewell entities as well as potential Sourcewell entities. * 37 Describe your use of technology and  digital data (e.g., social media,  metadata usage) to enhance  marketing effectiveness. We have a dedicated marketing specialist driving the use of technology and digital data  in our marketing efforts. We have a set and defined social media posting schedule by  quarter. LinkedIn data analytics determines our best times to post across LinkedIn,  Instagram, and Facebook. This product and if awarded contract, will be integrated into this  social media marketing campaign. Additionally, we have an extensive data base of  government agency contacts we will directly market our contract to. This will not be  scattershot, but a curated approach sent to specific individuals. For example, we have an  email address data base approaching 5,000 government agency officials. Our strategy will  be to integrate our tradeshow, social media, and other push pull efforts to maximize  coverage of existing Sourcewell members, as well as new and potential Sourcewell  members. * 38 In your view, what is Sourcewell’s role  in promoting contracts arising out of  this RFP? How will you integrate a  Sourcewell-awarded contract into your  sales process? We view Sourcewell as our partner in promoting a contract that would come from this  RFP response. Our experience is in the product and next generation lighting solution.  Sourcewell's experience is in creating competitively bid solutions, legal pathways between  seller and buyer. Together, this partnership will bring a next gen world class solution  together with the best possible cooperative platform. Sourcewell is our partner for contract  adoption, promotion, and acceptance. We see Sourcewell as a marketing partner is  developing contact and marketing material we can reference and use with SLED agencies  to promote Sourcewell in general and our solution specifically. We see of Sourcewell  contract manager as our partner, providing guidance and feedback for our performance in  marketing our solution. In closing, we expect a partnership with Sourcewell in promoting  our solution and engaging current and potential Sourcewell members. * 39 Are your products or services  available through an e-procurement  ordering process? If so, describe your  e-procurement system and how  governmental and educational  customers have used it. We do not currently have an e-procurement system in place. Our Nextgen lighting solution  has a variety of options available that require guidance from our team. A personal touch  ensures the correct solution is created based on a variety of localized environmental  factors. * Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Table 8: Value-Added Attributes Line Item Question Response * 40 Describe any product, equipment,  maintenance, or operator training  programs that you offer to  Sourcewell participating entities.  Include details, such as whether  training is standard or optional,  who provides training, and any  costs that apply. Digital training manuals and programs are available and on-site as needed, no-cost training  by manufacturer is available and encouraged. * 41 Describe any technological  advances that your proposed  products or services offer. The HYBRIDTOWER is the most advanced light cart on the market with three (3) patents  containing 52 claims and LED lights (designed and manufactured in the United States) that  are designed and built specifically for light tower applications.  The HYBRIDTOWER  operates on complete automated controls, though intuitive, that allows for increased  efficiency, less manpower, and dramatically lower operating costs.  Our products also allow  for the ability to operate advanced electronics including video surveillance, gunshot detection,  mass notification, lightning suppression, and radar. * 42 Describe any “green” initiatives  that relate to your company or to  your products or services, and  include a list of the certifying  agency for each. The HYBRIDTOWER is the true “green” evolution of the traditional light tower with carbon  reductions reaching as much as 90%.  In addition to dramatically reducing carbon  emissions, service requirements and manpower requirements, the HYBRIDTOWER is the  only light tower to meet “light pollution” restrictions with our industry only “Anti-glare” feature.   This allows the HYBRIDTOWER to operate freely not only in ANY airport, but also in states  such as Virginia, New York, and Arizona who have begun to institute “dark sky” initiatives.   In addition, the HYBRIDTOWER is the only light tower that can be equipped with LED  lighting (quick change in the field) that meets Federal and State laws for coastal wildlife  protection laws, in particular, sea turtles. * 43 Identify any third-party issued eco- labels, ratings or certifications that  your company has received for  the equipment or products  included in your Proposal related  to energy efficiency or  conservation, life-cycle design  (cradle-to-cradle), or other  green/sustainability factors. The HYBRIDTOWER is a Green Star member through the State of Tennessee and the EPA  for advances in LED lighting, solar, and carbon reduction. * 44 Describe any Women or Minority  Business Entity (WMBE), Small  Business Entity (SBE), or veteran  owned business certifications that  your company or hub partners  have obtained. Upload  documentation of certification (as  applicable) in the document  upload section of your response. Federal Contracts Corp holds three certifications. FCC is a Service-Disabled Veteran  Owned Business, a HUBZone (historically underutilized business zone), and Certified Small  Business. Documentation has been provided in the document submission section. * 45 What unique attributes does your  company, your products, or your  services offer to Sourcewell  participating entities? What makes  your proposed solutions unique in  your industry as it applies to  Sourcewell participating entities? The HYBRIDTOWER is the next step in the evolution of the light tower.  Outperforming the  traditional light tower in every measure, while reducing operational costs by over 85%, all  while reducing the effective carbon footprint. * Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Table 9A: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response * 46 Do your warranties cover all products, parts, and  labor? Yes, warranty covers all products, parts and labor for the warranty period. * 47 Do your warranties impose usage restrictions or  other limitations that adversely affect coverage? Factory engine warranties will include hour usage.  A unique factor, however,  is the HYBRIDTOWER reduces engine usage by as much as 90%, thus  increasing the potential engine warranty while still obtaining full unit output  capabilities. * 48 Do your warranties cover the expense of  technicians’ travel time and mileage to perform  warranty repairs? Yes * 49 Are there any geographic regions of the United  States or Canada (as applicable) for which you  cannot provide a certified technician to perform  warranty repairs?  How will Sourcewell  participating entities in these regions be provided  service for warranty repair? No * 50 Will you cover warranty service for items made by  other manufacturers that are part of your proposal,  or are these warranties issues typically passed on  to the original equipment manufacturer? All except for diesel engine repair and service.  However, in those  instances, the manufacturer will participate in working through local engine  warranty servicing. * 51 What are your proposed exchange and return  programs and policies? The proposed lighting solution is design built to the exact specifications  required for the individual Sourcewell member purchase. If the product meets  specification and is performing as designed for the individual sale, it is not  eligible for return. * 52 Describe any service contract options for the  items included in your proposal. We are not proposing a service contract solution as part of this proposal. * Table 10: Payment Terms and Financing Options Line Item Question Response * 53 Describe your payment terms and accepted payment  methods. Terms of sale are net 30 days. We accept check, or any traditional  automated direct payments and deposits such as an automated  clearing house transaction. * 54 Describe any leasing or financing options available for use  by educational or governmental entities. Leasing and financing options can be added on quotations as an  open market or sourced solution as needed by Sourcewell members. * 55 Describe any standard transaction documents that you  propose to use in connection with an awarded contract  (order forms, terms and conditions, service level  agreements, etc.). Upload a sample of each (as  applicable) in the document upload section of your  response. Federal Contracts Corp will accept any purchase orders from  government and education against a corresponding quote without the  need for additional documentation. Any orders from Sourcewell non- profit and non-public school members would need a completed and  approved customer application. A copy of this document has been  provided in the document upload for this proposal. * 56 Do you accept the P-card procurement and payment  process? If so, is there any additional cost to Sourcewell  participating entities for using this process? Yes, Federal Contracts Corp does accept the P-card procurement  process. * Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response * 57 Describe your pricing model (e.g., line-item discounts or  product-category discounts). Provide detailed pricing data  (including standard or list pricing and the Sourcewell  discounted price) on all of the items that you want  Sourcewell to consider as part of your RFP response. If  applicable, provide a SKU for each item in your proposal.  Upload your pricing materials (if applicable) in the  document upload section of your response. The pricing in this proposal is line-item pricing per machine.  Additionally, there is line-item pricing for a wide variety of options.  Each of these line items and options have a suggested list price.  The pricing employed is a discount from MSRP. Sourcewell  members will receive a 15% discount from the suggest list price. A  copy of the pricing in Excel format has been submitted in the  document upload section of our response. * 58 Quantify the pricing discount represented by the pricing  proposal in this response. For example, if the pricing in  your response represents a percentage discount from  MSRP or list, state the percentage or percentage range. The pricing in this proposal is a discount from MSRP. Sourcewell  members will receive a 15% discount from the suggest list price. * 59 Describe any quantity or volume discounts or rebate  programs that you offer. The pricing offered is the best and last pricing available. We will  not force Sourcewell members to buy in quantity to receive our best  pricing. There are no quantity or volume discounts nor rebate  programs. * 60 Propose a method of facilitating “sourced” products or  related services, which may be referred to as “open  market” items or “nonstandard options”. For example, you  may supply such items “at cost” or “at cost plus a  percentage,” or you may supply a quote for each such  request. Request for open market "sourced" items can be added to quotes  at Sourcewell members requests. The pricing model for these items  will be "cost plus".  Acceptance of the quoted sourced non-standard  items is at the discretion of Sourcewell members. * 61 Identify any element of the total cost of acquisition that is  NOT included in the pricing submitted with your response.  This includes all additional charges associated with a  purchase that are not directly identified as freight or  shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training,  or initial inspection. Identify any parties that impose such  costs and their relationship to the Proposer. There are no additional charges associated with this proposal other  than freight and delivery. * 62 If freight, delivery, or shipping is an additional cost to the  Sourcewell participating entity, describe in detail the  complete freight, shipping, and delivery program. All shipping will be quoted at the time of Sourcewell member  quotation request. This shipping will be FOB origin from  Chatanooga, TN. Shipping, freight and/or deliver will be shown on  every Sourcewell member quote. Freight, shipping and/or delivery  will be agreed upon prior to Sourcewell member order placement.  There will be no surprise charges. A flat rate charge to locations in  both Florida and Washington state would be artificially high to cover  cost. Quoting freight for each quote individually ensures the lowest  possible cost in real-time. * 63 Specifically describe freight, shipping, and delivery terms or  programs available for Alaska, Hawaii, Canada, or any  offshore delivery. We propose to support Alaska, Hawaii, and US territories. Shipping  will be addressed on an individual basis for shipments to these  areas. Shipping will be FOB origin from Chatanooga, TN. All freight  and delivery charges will be shown on quotes prior to Sourcewell  member order placement. * 64 Describe any unique distribution and/or delivery methods or  options offered in your proposal. Many times, for multiple unit orders, Signal Power will send the  president and founder himself for product familiarization. * Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: *Comments 65 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Table 13: Audit and Administrative Fee Line Item Question Response * 66 Specifically describe any self-audit process or program that you  plan to employ to verify compliance with your proposed Contract  with Sourcewell. This process includes ensuring that Sourcewell  participating entities obtain the proper pricing, that the Vendor  reports all sales under the Contract each quarter, and that the  Vendor remits the proper administrative fee to Sourcewell. Provide  sufficient detail to support your ability to report quarterly sales to  Sourcewell as described in the Contract template. Federal Contracts Corp holds multiple General Services  Administration contracts as well as Defense Logistics Agency  contracts and federal BPA's (Blanket Purchase Agreements).  We consistently achieve very high CPAR ratings (Contractor  Performance Assessment Rating). For all our contracts, we  have multiple layers of self-auditing to ensure compliance.  Our internal point of contact for this contract will be required  to document all sales on this contract. This documentation  will be audited by our internal master contract manager  overseeing all government contracts. A final audit will take  place with the accounting team who will provide an  additional check to ensure compliance. These layers ensure  we comply with all required certifications, regulations, and  modifications for our federal and defense contracts. We will  employ this same method for our potential Sourcewell  contract. * 67 If you are awarded a contract, provide a few examples of internal  metrics that will be tracked to measure whether you are having  success with the contract. We currently work closely with our manufacturer, Signal  Power to track our sales and success to federal and military  agencies. We measure number of quotes, quote win rate, as  well as awarded quote win rate. We will set goals for these  metrics and track our performance to goal. * 68 Identify a proposed administrative fee that you will pay to  Sourcewell for facilitating, managing, and promoting the Sourcewell  Contract in the event that you are awarded a Contract.  This fee  is typically calculated as a percentage of Vendor’s sales under the  Contract or as a per-unit fee; it is not a line-item addition to the  Member’s cost of goods. (See the RFP and template Contract for  additional details.) We propose a 1.5% administrative against all whole good  sales and option sales. * Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item Question Response * 69 Provide a detailed description of the  equipment, products, and services that you  are offering in your proposal. The base products that are being offered in this proposal are light towers. However,  based on patents and design, these light towers offer a multitude of configurable  options to become other products. For example, the mast can be quickly and easily  outfitted for signage. Imagine the ability to create a portable 30-foot-tall billboard.  This feature is patented and only available from Signal Power.  Additionally, the HYBRIDTOWER can support a wide variety of electrical applications.  This is done with “quick attach” and do not require special tools or fittings. Some  of these special applications include. Video surveillance capabilities. Mass emergency notification Air quality monitoring capabilities Radar (does not require special fitting) Gunshot detection The latest technological advance is a Mesh Networking WiFi system with single step  backhaul capabilities of up to 15 miles (can be extended with additional jumps).   This system was developed in conjunction with the University of Tennessee, the  State of Tennessee, and Signal Power. The HYBRIDTOWER system is a light tower at its base function. However,  capabilities for radar, air quality monitoring, video surveillance, etc., show that the  breadth of the product line is infinitely more than light towers. Signal Power light  towers greatly expand, at a fraction of traditional costs, the ability of Sourcewell  members to procure products that serve the SLED channel. * 70 Within this RFP category there may be  subcategories of solutions. List subcategory  titles that best describe your products and  services. The HYBRIDTOWER can be configured to be many other subcategory pieces of  equipment. These subcategories include the following.  Video surveillance capabilities Mass emergency notification Air quality monitoring capabilities Radar (does not require special fitting) Gunshot detection Temporary billboard The latest technological advance is a Mesh Networking WiFi system with single step  backhaul capabilities of up to 15 miles (can be extended with additional jumps).   This system was developed in conjunction with the University of Tennessee, the  State of Tennessee, and Signal Power. * Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered *Comments 71 Air Compressors Yes No Not available * 72 Light Towers Yes No Available * 73 Generators Yes No Available. HYBRIDTOWER light  towers can be used as generators. * 74 Pressure Washers Yes No Not available * 75 Welders Yes No Not available * 76 Aerial Equipment (scissor lifts/manlifts) Yes No 77 Pumps (less than 30 HP Yes No 78 Soil Compaction Equipment Yes No Table 15: Exceptions to Terms, Conditions, or Specifications Form Line Item 79. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. Contract Section Term, Condition, or Specification Exception or Proposed Modification None None None Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Pricing - Signal Power RFP pricing 02 06 2023.xlsx - Monday February 06, 2023 15:56:32 Financial Strength and Stability - FCC Bank of America letter.pdf - Monday February 06, 2023 07:20:51 Marketing Plan/Samples - Marketing documents, examples, social media analytics.pdf - Monday February 06, 2023 07:51:22 WMBE/MBE/SBE or Related Certificates - HubZone Approval 2022 07-01-22.pdf - Monday February 06, 2023 10:28:56 Warranty Information - Signal Power WARRANTY.pdf - Monday February 06, 2023 07:21:08 Standard Transaction Document Samples - FCC Customer application.pdf - Monday February 06, 2023 07:21:23 Upload Additional Document - Letters of authority, reference, and performance.pdf - Monday February 06, 2023 08:00:58 Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Rusty (Russell) Pugh, Executive Vice-President, Federal Contracts Corp The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages Addendum_2_Portable_Construction_Equipment_RFP_020923 Tue January 24 2023 09:14 AM 1 Addendum_1_Portable_Construction_Equipment_RFP_020923 Wed December 28 2022 01:43 PM 1 Bid Number: RFP 020923 Vendor Name: Federal Contracts Corp DocuSign Envelope ID: AD046B1E-FD2E-4964-ACE6-2B84280AB294 Sourcewell Contract #020923-FCC | Amendment #1 Page 1 of 1 AMENDMENT #1 TO CONTRACT #020923-FCC THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Federal Contracts Corp. (Supplier). Sourcewell awarded a contract to Supplier to provide Portable Construction Equipment with Related Accessories and Attachments, effective May 4, 2023, through April 20, 2027 (Contract). NOW THEREFORE, the parties wish to amend the Contract as follows: Section 18. Insurance–Subsection A. Requirements– Item 6. Network Security and Privacy Liability Insurance, of the Contract, is deleted in its entirety. Except as amended above, the Contract remains in full force and effect. Sourcewell Federal Contracts Corp. By: By: Jeremy Schwartz, Director of Operations/CPO Rusty Pugh Date: Title: Approved: Date: By: Chad Coauette, Executive Director/CEO Date:                     Page 1 of 2 UTILITY, TRANSPORTATION AND GOLF VEHICLES PLUS RELATED ACCESSORIES, EQUIPMENT, PARTS AND SERVICES Executive Summary Lead Agency: City of Kansas City, Missouri Solicitation: EV2671 RFP Issued: June 12, 2019 Pre-Proposal Date: June 25, 2019 Response Due Date: July 23, 2019 Proposals Received: #2 Awarded to: The City of Kansas City, Missouri issued RFP EV2671 on June 12, 2019, to establish a national cooperative contract for Utility, Transportation and Golf Vehicles Plus Related Accessories, Equipment, Parts and Services. The solicitation included cooperative purchasing language in Scope of National Cooperative Contract, section 1.1 (RFP, Page 36): (RFP, Page 36) NATIONAL CONTRACT The City of Kansas City, MO (hereinafter defined and referred to as "Principal Procurement Agency"), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector ("OMNIA Partners"), is requesting proposals for Utility, Transportation and Golf Vehicles and Related Accessories, Equipment, Parts and Services. The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal ("Master Agreement") be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through OMNIA Partners' cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners as a Participating Public Agency in OMNIA Partners' cooperative purchasing program. Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners. Page 2 of 2 Notice of the solicitation was sent to potential offerors, as well as advertised in the following: •City of Kansas City, Missouri website •OMNIA Partners, Public Sector website •USA Today, nationwide •Arizona Business Gazette, AZ •San Bernardino Sun, CA •Honolulu Star-Advertiser, HI •The Advocate – New Orleans, LA •New Jersey Herald, NJ •Times Union, NY •Daily Journal of Commerce, OR •The State, SC •Houston Community Newspapers, Cy Creek Mirror, TX •Deseret News, UT •Richmond Times, VA •Seattle Daily Journal of Commerce, WA •Helena Independent Record, MT On July 24, 2019 proposals were received from the following offerors: •Club Car, LLC •Columbia Vehicle Group, Inc. The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee determined that the two (2) companies demonstrated the ability to provide the products and services outlined in the solicitation while offering competitive pricing to members. •Club Car, LLC •Columbia Vehicle Group, Inc. City of Kansas City, Missouri executed agreements with a contract effective date of January 1, 2020. Contract includes: Utility Vehicles, transportation vehicles, golf vehicles, low-speed vehicles, accessories and equipment, parts, and related products and services. Term: Initial seven-year agreement from January 1, 2020 through December 31, 2026 with up to four (4) additional one (1) year options renew (through December 31, 2030). 2.03 Contract: FSA22- VEL30.0 – Pursuit, Administrative and Other Vehicles Contract: FSA22- FSA Cooperative Purchasing Program Contract Terms and Conditions FSA22-VEH20.0 – Heavy Trucks and Buses FSA22-VEL30.0 – Pursuit, Administrative and Other Vehicles FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 1 Table of Contents 1.0 GENERAL CONDITIONS .............................................................................................................. 5 1.01 BID CORRESPONDENCE ................................................................................................ 5 1.02 PURPOSE ....................................................................................................................... 5 1.03 TERM OF CONTRACT..................................................................................................... 5 1.04 ESTIMATED QUANTITIES ............................................................................................... 5 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER ......................................................... 5 1.06 FUNDING ....................................................................................................................... 6 1.07 CURRENCY..................................................................................................................... 6 1.08 GENERAL DEFINITIONS ................................................................................................. 6 1.09 ELIGIBLE PURCHASERS OF CONTRACT .......................................................................... 8 1.10 LEGAL REQUIREMENTS ................................................................................................. 8 1.11 PATENTS & ROYALTIES ................................................................................................. 8 1.12 FEDERAL AND STATE STANDARDS ................................................................................ 9 1.13 UNDERWRITERS’ LABORATORIES ................................................................................. 9 1.14 AMERICANS WITH DISABILITIES ACT ............................................................................ 9 1.15 REASONABLE ACCOMMODATION ................................................................................ 9 1.16 DISADVANTAGED BUSINESSES ..................................................................................... 9 1.17 ANTI-DISCRIMINATION ............................................................................................... 10 1.18 BEST COMMERCIAL PRACTICES .................................................................................. 10 1.19 PUBLIC ENTITY CRIMES (PEC) ..................................................................................... 10 1.20 TAX EXEMPTION ......................................................................................................... 10 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT ............................................... 10 1.22 COMMUNICATIONS .................................................................................................... 11 1.23 CLARIFICATION AND ADDENDA .................................................................................. 11 1.24 SIGNED BID CONSIDERED AN OFFER .......................................................................... 11 1.25 ASSIGNMENT OF CONTRACT ...................................................................................... 12 1.26 TERMINATION OF PRODUCT LINE .............................................................................. 12 1.27 METHOD OF AWARD .................................................................................................. 12 1.28 DEMONSTRATION OF COMPETENCY .......................................................................... 12 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 2 1.29 VENDOR ABILITY TO PERFORM .................................................................................. 13 1.30 FINANCIAL RESPONSIBILITY ........................................................................................ 13 1.31 QUALITY AND SAFETY ................................................................................................. 13 1.32 NONCONFORMANCE .................................................................................................. 14 1.33 GRATUITIES ................................................................................................................. 14 1.34 TIE BIDS ....................................................................................................................... 14 1.35 RIGHT TO AUDIT ......................................................................................................... 14 1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS ........................................................ 15 1.37 BID AND PERFORMANCE BONDS................................................................................ 15 1.38 ELIMINATION FROM CONSIDERATION ....................................................................... 15 1.39 COLLUSION ................................................................................................................. 15 1.40 DEFAULT ..................................................................................................................... 16 1.41 PROTESTS AND ARBITRATION .................................................................................... 16 1.42 NONPERFORMANCE ................................................................................................... 17 1.43 SEVERABILITY .............................................................................................................. 18 1.44 TERMINATION FOR CAUSE ......................................................................................... 18 1.45 TERMINATION WITHOUT CAUSE ................................................................................ 18 1.46 CONTRACT ADVERTISMENT AND USE OF FSA LOGO ................................................. 19 2.0 BIDDER INSTRUCTIONS ........................................................................................................... 20 2.01 QUALIFICATION .......................................................................................................... 20 2.02 LICENSING AND FACILITIES ......................................................................................... 20 2.03 INSURANCE AND INDEMNIFICATION ......................................................................... 21 2.04 SPECIFICATIONS .......................................................................................................... 22 2.05 FIXED PRICES ............................................................................................................... 23 2.06 DISCOUNTS ................................................................................................................. 23 2.07 SEALED BIDS ................................................................................................................ 23 2.08 EXCEPTIONS ................................................................................................................ 23 2.09 MISTAKES .................................................................................................................... 23 2.10 EQUIVALENTS ............................................................................................................. 24 2.11 MANDATORY PRE-BID MEETING ................................................................................ 24 2.12 PRICES QUOTED .......................................................................................................... 24 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 3 2.13 OPTION PRICING ......................................................................................................... 24 2.14 EMERGENCY LIGHTS AND SIRENS ............................................................................... 25 2.15 SUBMITTAL OF BID ..................................................................................................... 26 2.16 ZONE BIDDING ............................................................................................................ 27 2.17 EXECUTION OF BID ..................................................................................................... 27 2.18 MODIFICATION OR WITHDRAWALS OF BIDS ............................................................. 28 2.19 LATE BIDS .................................................................................................................... 28 2.20 BID OPENING .............................................................................................................. 28 2.21 DETERMINATION OF RESPONSIVENESS ..................................................................... 28 2.22 RESPONSIBLE BIDDER CRITERIA.................................................................................. 28 2.23 BASIS FOR AWARD ...................................................................................................... 29 2.24 FIRM BID ..................................................................................................................... 29 2.25 BID TABULATIONS ....................................................................................................... 29 2.26 MINOR IRREGULARITIES/RIGHT TO REJECT ................................................................ 29 2.27 CONE OF SILENCE ....................................................................................................... 30 3.0 CONTRACT CONDITIONS ......................................................................................................... 31 3.01 GENERAL REQUIREMENTS .......................................................................................... 31 3.02 STATEMENT OF AUTHORITY ....................................................................................... 31 3.03 VENDOR CONTACT INFORMATION ............................................................................ 31 3.04 ADDITIONS OR DELETIONS ......................................................................................... 31 3.05 CONTRACT EXTENSION ............................................................................................... 31 3.06 PRICE ADJUSTMENT .................................................................................................... 31 3.07 CONDITIONS ............................................................................................................... 32 3.08 PRODUCTION CUTOFF ................................................................................................ 32 3.09 FACILITIES ................................................................................................................... 33 3.10 PURSUIT RATED VEHICLES & MOTORCYCLES ............................................................. 33 3.11 SPECIAL SERVICE VEHICLES ......................................................................................... 33 3.12 CAB AND CHASSIS PURCHASES ................................................................................... 33 3.13 FACTORY-INSTALLED OPTIONS ................................................................................... 33 3.14 VENDOR-INSTALLED OPTIONS .................................................................................... 34 3.15 NON-SCHEDULED OPTIONS ........................................................................................ 34 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 4 3.16 FORCE MAJEURE ......................................................................................................... 34 3.17 ORDER ......................................................................................................................... 34 3.18 REGISTRATION, TAG, AND TITLE ................................................................................. 35 3.19 DELIVERY ..................................................................................................................... 35 3.20 INSPECTION AND ACCEPTANCE .................................................................................. 36 3.21 INVOICING AND PAYMENTS ....................................................................................... 36 3.22 WARRANTY ................................................................................................................. 36 3.23 PURCHASE ORDERS..................................................................................................... 36 3.24 QUARTERLY REPORTS ................................................................................................. 37 3.25 ADMINISTRATIVE FEE ................................................................................................. 37 3.26 LIQUIDATED DAMAGES .............................................................................................. 38 Appendix A: Zone Map .............................................................................................................. 39 Appendix B Bid Calendars ......................................................................................................... 40 Appendix C: ACH Payments ...................................................................................................... 41 Appendix D: Federal Clauses ..................................................................................................... 42 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 5 1.0 GENERAL CONDITIONS 1.01 BID CORRESPONDENCE All correspondence regarding this bid should be directed to the Florida Sheriffs Association, “FSA”. Please be sure to reference the bid number and title, and provide your contact information. Communication for this Invitation to Bid should be identified by contract number and title and directed to: Florida Sheriffs Association Attn: Cooperative Purchasing Program Coordinator 2617 Mahan Drive Tallahassee, FL 32308 E-mail: CPP@flsheriffs.org 1.02 PURPOSE The Florida Sheriffs Association invites interested bidders, including manufacturers and dealers or authorized representatives to submit responses in accordance with these solicitation documents. The FSA Cooperative Purchasing Program will conduct the solicitation process and administer the resulting contract. The purpose of this bid is to establish contracts with manufacturers and manufacturer’s authorized dealers for contract terms specified under Section 1.03 for the purchase of items on a “no trade-in basis.” 1.03 TERM OF CONTRACT The term for Contracts FSA22-VEL30.0 Pursuit, Administrative and Other Vehicles and FSA22-VEH20.0 Heavy Trucks and Buses shall remain in effect for one year from date of contract execution by the FSA, and may be extended by mutual agreement, at the sole option and discretion of the FSA. The initial term of these contracts begins October 1, 2022, and ends September 30, 2023. Contract extensions will only be executed when the FSA determines, based on then-existing conditions, that it is in the best interest of the FSA and the purchasers to do so. 1.04 ESTIMATED QUANTITIES Over the last three years, eligible users purchased an average of 5,937 vehicles from these contracts each year. These estimated figures are given as a guideline for bidders preparing bids. Quantities for items depend on many factors, including the vendor’s marketing efforts, established business with local governments and products awarded. Quantities provided do not guarantee or imply future contract sales. Neither the FSA nor any eligible user is obligated to place any order for a given amount subsequent to the award of this bid solicitation. 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office. Section 30.53, Florida Statutes, exempts the sheriffs’ offices from the provisions of the Florida Statute that would otherwise require sealed and competitive bidding procedures. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 6 The Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the participating sheriffs’ offices for any payment for any activity or costs incurred by any bidder in responding to this solicitation. 1.06 FUNDING In the case of certain purchasers, including state agencies, funds expended for the purposes of the contract must be appropriated by the Florida Legislature, the individual participating agency or the agency’s appropriating authority for each fiscal year included within the contract period. For such agencies, their performances and obligations to pay for products or services under any resulting contract, or purchase order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the appropriating authority. Therefore, any contract or purchase order with such an agency shall automatically terminate without penalty or termination costs in the event of non-appropriation. 1.07 CURRENCY All transaction amounts, bids, quotes, provisions, payments or any part of this contract relating to currency are to be made in United States Dollar. 1.08 GENERAL DEFINITIONS The terms used in this contract are defined as the following: A. Base Specification: Items developed by the FSA for bidders to bid on. These items may be unique to FSA and require additional components to the standard manufacturer specifications and equipment. B. Bidder: A bidder or enterprise that submits a formal bid to the FSA Cooperative Purchasing Program in accordance with the FSA CPP Terms and Conditions. A bidder, that is not the manufacturer, must be authorized by the manufacturer to market and sell an item for which they are bidding. C. Bid System: The online forum used for the submission of bids and review of bid results for the specifications connected to this Invitation to Bid. VendorLink is the software used for this bid. D. Build Sheet: A document from the bidder or manufacturer that confirms that the bid specifications submitted by bidders matches the FSA base specification. Build sheets include, but are not limited to, the factory options list and door data plate info for the vehicles. They provide details such as engine size and transmission, paint codes, production date, axle code etc. E. Dealer: An enterprise authorized by the manufacturer to market, sell, provide, and service the items for the FSA Cooperative Purchasing Program. Dealers may be vendor-owned and controlled, in whole or in part, or independently owned and controlled. F. Florida Sheriffs Association Cooperative Purchasing Program (FSA): The entity that administers the Invitation to Bid and contract administration functions for this contract. G. End User: A term used to distinguish the person who ultimately uses or is intended to use a product or for whom a product is designed for use. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 7 H. Factory: Refers to the manufacturer produced products. I. Fleet Advisory Committee (committee): An employee of a sheriff’s office or other local governmental agency, or person who FSA identifies as subject matter expert who assists with the development of bid specifications and evaluation of bid responses. The committee makes recommendations to the FSA and is not responsible for final awards. J. Invitation to Bid: A competitive solicitation and award process established through the issuance of an invitation to bidders, vendors, dealers and manufacturers to submit a price offer on a specific product to be provided. This term shall include the bid specifications available to bidders on the bid system and references to solicitation documents. The term shall not include request for proposals, request for quotes, request for letters of interest, or the solicitation of purchase orders based on oral or written quotations. K. Manufacturer: The original producer or provider of items offered on this contract. L. Manufacturer’s Suggested Retail Price (MSRP): Manufacturer’s Suggested Retail Price (MSRP) represents the Manufacturer’s recommended retail selling price, list price, published list price, or other usual and customary price that would be paid by the purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: a. Manufacturer’s Computer Printouts b. Chrome Systems, Inc.’s PC Carbook Plus and PC Carbook Fleet Edition c. Manufacturer’s Annual U.S. Price Book d. Manufacturer’s official website M. Non-Scheduled Options: Any optional new or unused component, feature or configuration that is not included or listed in the base specifications or options. N. Production Cutoff: A date used by manufacturers to notify vendors and dealers that the factory has reached maximum capacity for orders or are discontinuing the production of an item. Vehicle manufacturers use this term when referring to any given model year for production. O. Published List Price: A standard “quantity of one” price currently available to government and educational purchasers, excluding cooperative or volume discounts. P. Purchaser: A purchaser is an entity that seeks to obtain items awarded on this contract by meeting the eligible user criteria or with vendor approval. Q. Purchase Order: A request for order from a purchaser to an awarded vendor for an item that has been awarded on this contract. Purchase orders placed using this contract formalize the terms and conditions of this contract under which a vendor furnishes items to a purchaser. R. Qualification Packet: This document contains the required forms, attestations, authorizations, and organizational information needed by bidders to submit a successful and complete bid. S. Terms & Conditions: This document serves as the governing contract for the identified FSA contract and bid. Standard regulations, processes, procedures, and compliance requirements are identified herein. Bidders complete a qualification packet during the bid process indicating they agree to comply with the Terms & Conditions, and that this will serve as a contract for both parties. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 8 T. Third Party Supplier: Businesses external to a bidder or vendor that provide products and services which contribute to the overall finished item in this contract. Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. U. Vendor: The bidder that has been awarded, who agrees to provide the contract items that meet the requirements and base specifications of the contract. The vendor must agree to the contract terms and conditions, which will serve as the governing contract. V. Vendor Installed: A product or service provided by the vendor or other third party; not the factory. 1.09 ELIGIBLE PURCHASERS OF CONTRACT Awarded bids, or contract prices, will be extended and guaranteed to the Florida Sheriffs Association, any unit of local government, political subdivision or agency of the State of Florida. This includes, but is not limited to counties, municipalities, sheriffs’ offices, clerks, property appraisers, tax collectors, supervisors of elections, school boards or districts, water management districts, other special districts, police and fire departments, emergency response units, state universities and colleges, or other state, local or regional government entities within the State of Florida. Eligible purchaser also includes all Eligible Users as defined in F.A.C. 60A-1.001(2). All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition, bids can be extended and guaranteed to other entities approved by manufacturers to participate in this contract, which can include out-of-state sales. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer’s agreement, and must agree to the terms and conditions of this contract. 1.10 LEGAL REQUIREMENTS Federal, State, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder of applicable legal requirements will in no way be a cause for relief from responsibility. Bidders have the option to certify and agree to comply with federal regulations allowing for the acceptance of federal grant funds. By opting in bidders may be able to accept federal and state grant funds from purchasers. This is not a requirement of the bid or contract. Bidders are not required to opt-in; however, they are required to indicate whether they will opt-in or opt-out of federal compliance. Appendix D outlines federal clauses found to generally apply with the FSA contracts. FSA has taken actions to provide and develop information, materials, and resources for bidders, vendors and purchasers that will assist in the use of federal grant dollars with this contract. It is the responsibility of the purchaser to determine compliance for each vendor, if they wish to use federal grant funds for purchase, or intend to request reimbursements using federal dollars. See Appendix D for Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards for requirements that apply to this contract and to awarded vendors. 1.11 PATENTS & ROYALTIES FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 9 The bidder, without exception, shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs in any way arising, directly or indirectly, from the use of such design, device, or materials in any way involved in the work. 1.12 FEDERAL AND STATE STANDARDS It is the intent of FSA that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided. In addition, any applicable federal or State legal or regulatory requirements that become effective during the term of the contract, regarding the commodities and contractual services’ specifications, safety, and environmental requirements shall immediately become a part of the contract. The vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall contact the FSA immediately. 1.13 UNDERWRITERS’ LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters’ Laboratories, or U.L., listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.14 AMERICANS WITH DISABILITIES ACT To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, or any accommodation to review any document or participate in any FSA sponsored proceeding, please contact FSA Human Resources at (850) 877-2165 five business days in advance to initiate your request. TTY users may also call the Florida Relay Service at 711. 1.15 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the FSA Human Resources at (850) 877-2165. 1.16 DISADVANTAGED BUSINESSES As part of the solicitation process FSA makes information available to potentially qualified entities publicly available, and conducts additional outreach to qualified: • Small businesses, • Minority-owned small businesses, • Women-owned small business enterprises, and • Disadvantaged business enterprises. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 10 FSA takes necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible, as recommended by 2 C.F.R. § 200.321. FSA will: • Evaluate whether small, minority, and women’s businesses are potential sources, • Place those qualified small and minority businesses and women’s business enterprises on solicitation lists, and • Search the Small Business Administration, Minority Business Development Agency, and Labor Surplus Area reports for additional potential sources. Bidders self-identify in the qualification packet whether they meet the state and federal definitions of a disadvantaged business. 1.17 ANTI-DISCRIMINATION The bidder certifies that they are in compliance as applicable by federal or state law with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.18 BEST COMMERCIAL PRACTICES The apparent silence or omission of any description from the specifications shall be regarded as meaning that only the best commercial practices, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be upon the basis of this statement. 1.19 PUBLIC ENTITY CRIMES (PEC) In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management Services following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a vendor, supplier, sub-vendor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.20 TAX EXEMPTION Purchasers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the purchaser’s Federal Excise and State Taxes and Use Certificate Number. The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Taxes. State Sales Tax and Use Certificate Number is 85-8012646919C-3. 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict, the conflict may be resolved in the following order of priority (highest to lowest): • Addenda to Contract Terms and Conditions, if issued • Contract Conditions FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 11 • Addenda to Bid Specifications, if issued • Bid Specifications • Bidder Instructions • General Conditions 1.22 COMMUNICATIONS Communications between a bidder, lobbyist or consultant and FSA are limited to matters of process or procedure and shall be made in writing to the FSA CPP Staff. Bidders should not rely on representations, statements, or explanations other than those made in this bid or in any written addendum to this bid, and no oral representations, statements, or explanations shall be deemed to bind the FSA or eligible users. 1.23 CLARIFICATION AND ADDENDA Any questions or clarifications concerning the Invitation to Bid shall be submitted to FSA by e-mail to CPP@flsheriffs.org with the bid title and number referenced on all correspondence. Final questions must be received by the date for Request for Clarification stated on the Bid Calendar. Questions and answers will be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar. Questions received during the cone of silence date listed on the bid calendar will not be addressed, except as provided herein. Interpretation of the specifications or any solicitation documents will not be made to the bidder verbally, and if any verbal clarifications are provided they are without legal effect. FSA will make every attempt to e-mail updates to registered bidders. However, posting to the FSA website or the bid system constitutes proper notice of addenda. The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are required. Any such addenda shall be binding on the bidder and shall become a part of the solicitation document. In the event of conflict with the original specifications, addenda shall govern to the extent specified. Subsequent Addenda shall govern over prior Addenda only to the extent specified. The FSA will not be responsible for any explanation or interpretation made verbally or in writing except those made through the posting of a Formal Addendum. The bid submission constitutes acknowledgment of addenda to the specifications. Bids that fail to account for the specification addenda shall be determined to be nonresponsive; however, the FSA may waive this requirement in its best interest. After the start of the contract term, FSA will notify all vendors of any addenda and will require acknowledgement of the new terms and conditions. If the vendor does not agree to the new terms and conditions, the vendor’s award can be removed or replaced by another vendor or qualified responsive bidder. 1.24 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the FSA. The bid submission must be signed by an authorized representative. Submission of a bid in the FSA bid system constitutes a signed bid for purposes of bid evaluation. An electronic signature may be used and shall have the same force and effect as a written signature. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 12 1.25 ASSIGNMENT OF CONTRACT No right or interest in this contract may be assigned, transferred, conveyed, sublet or otherwise disposed of, without prior written consent of the FSA. If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor-in-interest must perform all obligations under this contract. FSA reserves the right to reject the acquiring entity as vendor. A change of name agreement will not change the contractual obligations of the vendor. In the event a manufacturer reassigns the product line to an alternate company, the vendor is required to immediately notify the FSA in writing of the change within 10 business days confirming the reassignment. If the vendor is not already an approved FSA vendor, the alternate company is required to submit a Qualifications Packet to the FSA to become an approved vendor prior to conducting any qualified sales. FSA may approve such assignments of existing or new vendors at its discretion. The vendor is required to honor the contract pricing and all of the applicable terms and conditions throughout the remaining term of the contract. 1.26 TERMINATION OF PRODUCT LINE If a vendor terminates a product line (manufacturer or brand), the vendor is required to notify the FSA within 10 business days of the decision not to retain the product line. FSA may remove the terminated products from the contract. 1.27 METHOD OF AWARD The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids meet the requirements of this solicitation. The FSA reserves the right to make multiple awards for each item, if deemed in the best interest of the FSA and the purchasers. Awards will be posted on the FSA website according to the date posted in the bid calendar. 1.28 DEMONSTRATION OF COMPETENCY Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment” and “organization" as used herein shall be construed to mean a fully equipped and well- established company in line with the best business practices in the industry and as determined by the FSA. The FSA may consider any evidence available and may require submission of supporting documentation regarding the financial, technical and other qualifications and abilities of a bidder, including past performance with the FSA in making the award. The FSA may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also require information from the source of supply regarding the quality, packaging and characteristics of the products. Any conflicts between this material information provided by the source of supply and the information contained in the bid submission may render the bid nonresponsive. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 13 Pre-award inspection of the bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services as described in this bid. Information submitted in the bid may not be plagiarized and, except in the case of materials quoted from this solicitation or developed by the manufacturer, must be the original work of the individual or company that submits the bid for evaluation. 1.29 VENDOR ABILITY TO PERFORM During the contract period, FSA may review the vendor’s record of performance and may require submission of supporting documentation to ensure that the vendor is providing sufficient financial support, equipment and organization. If the FSA determines that the vendor no longer possesses the financial support, equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract awarded. By responding to this procurement, the vendor warrants that, to the best of his or her 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 vendor’s ability to satisfy the obligations of the contract. The vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any other state or the federal government. The vendor shall immediately notify the FSA and purchaser in writing if its ability to perform is compromised in any manner during the term of the contract. 1.30 FINANCIAL RESPONSIBILITY Bidder affirms by the submission of the bid and by signature on the contract signature form that the bidder: • Has fully read and understands the scope, nature, and quality of work to be performed or the services to be rendered under this bid and has adequate facilities and personnel to fulfill such requirements. • Accepts the financial responsibility associated with this bid and declares that they have the access to capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award. • Has assessed the financial responsibility required to serve the contract as bid, including such details as the obligations to perform all items bid, zones bid, and quantities that could be ordered, as well as timing of payment from purchasers, which can be 45 calendar days from receipt of invoice. 1.31 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest-grade workmanship that meet or exceed federal safety standards. Items requiring certification should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are not certified, the vendor must disclose to the end user that the non-certified options are not required to be certified. All options must meet or exceed federal safety standards. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 14 1.32 NONCONFORMANCE Items may be tested for compliance with specifications. Items delivered that do not conform to specifications may be rejected and returned at the vendor's expense. Items not meeting the specifications and items not delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA contract. Any violation of these stipulations may also result in: • Vendor's name being removed from the awarded vendor list. • FSA and purchasers being advised not to do business with vendor. 1.33 GRATUITIES Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the FSA, for the purpose of influencing consideration of this bid. Bidders shall disclose in writing any conflicts of interest to FSA prior to any award, or as soon as practical after learning of any such conflict, including any contractual or employment relationships with FSA or potential purchasers of bidders’ products or services. 1.34 TIE BIDS FSA has the right to award multiple bidders the primary or alternate award in the event of a tie. In the event the FSA desires to break tie bids, and both businesses have qualifying drug-free work programs, the award will be made using the following criteria: • Bidder within the State of Florida • Vendors performance record with purchasers • Coin Toss 1.35 RIGHT TO AUDIT Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify vendor’s sales. FSA and its authorized representatives shall have the right to audit and to make copies of all related records pertaining to this contract, including all government sales and eligible users information whether kept by or under the control of the vendor, including, but not limited to those kept by its employees, agents, assigns, successors, sub-vendors, or third-party suppliers in whatever form they may be kept – written or electronic. Such records shall include, but not be limited to: • Accounting records, including but not limited to purchase orders, confirmation of orders or invoices, paid vouchers, cancelled checks, deposit slips, ledgers, and bank statements • Written policies and procedures; • Subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); • Original estimates, quotes, or work sheets; • Contract amendments and change order files; • Insurance documents; or • Memoranda or correspondence. Vendor shall maintain such records during the term of this contract and for a period of three (3) years after the completion of this contract. At the vendor’s expense and upon written notice from FSA, the vendor shall provide such records for inspection and audit by FSA or its authorized representatives. Such records shall be made available to FSA during normal business hours within three business days of receipt of the written notice. FSA may FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 15 select the vendor’s place of business or offsite location for the audit. The FSA may also request the vendor provide requested records via e-mail. Vendor shall ensure FSA has these rights with vendor’s employees, agents, assigns, successors, and third-party supplier and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the vendor and any sub-vendors to the extent that those subcontracts or agreements relate to fulfillment of the vendor’s obligations to FSA. Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed elsewhere will be the responsibility of the FSA. However, if the audit identifies under reporting, overpricing or overcharges (of any nature) by the vendor to FSA or a purchaser in excess of three percent (3%) of the total contract billings, the vendor shall reimburse FSA for the total costs of the audit not to exceed $5,000. If the audit discovers substantive findings related to fraud, misrepresentation, or non-performance, FSA may recoup all the costs of the audit work from the vendor. Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor’s invoices or records shall be made within a reasonable amount of time (not to exceed 60 calendar days) from presentation of FSA’s findings to vendor. FSA has the right to assess damages or seek reimbursements or refunds based on audit results. 1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. Where vendors are required to enter or go onto FSA or purchaser property to deliver materials or perform work or services as a result of a bid award, the vendor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance. The vendor shall be liable for any damages or loss to the FSA or purchaser occasioned by negligence of the vendor or any person the vendor has designated in the completion of the contract as a result of the bid. 1.37 BID AND PERFORMANCE BONDS Bid Bonds, when required, shall be submitted with the bid in the amount specified in Bidder Instructions. Purchasers may request a performance bond from a vendor. Performance bonds are recommended with pre- payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in comparing performance bond expense against any prior discounts that may be available. 1.38 ELIMINATION FROM CONSIDERATION This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA, whether in relation to current or previous bid awards or for other business purposes. 1.39 COLLUSION Collusion is a non-competitive secret or sometimes illegal agreement between rival bidders that attempts to disrupt the contract process equilibrium. Collusion involves people or companies that would typically compete, but are conspiring or working together in which the outcome results in an unfair bid advantage. The parties may FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 16 collectively choose to agree to increase or decrease the item base price in one or more zones to maximize awards thus denying purchasers a fair price. Bidders or vendors who are found to have engaged in collusion will be considered nonresponsive, and will be suspended or barred from bid participation. Any contract award resulting from collusive bidding may be terminated for default. Further, any collusion that is detected by the FSA may be reported to relevant law enforcement and/or prosecutorial agencies. Bidders may submit multiple bids without conflict of collusion if the bid submitted is not from the same manufacturer and product line. Dealers which share the same ownership may submit multiple bids without conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product line. 1.40 DEFAULT In case of default on the part of vendor, the FSA may take necessary steps to otherwise procure the products sought, including but not limited to procuring the products or services from the next highest ranked bidder or from other sources. A defaulting vendor may be held liable for costs incurred by the FSA in procuring replacement products. 1.41 PROTESTS AND ARBITRATION Any person who is adversely affected by the decision or intended decision to award shall file a “Notice of Protest” in writing to the FSA within three (3) business days after the posting of the Intent to Award and shall file a formal written protest within five (5) business days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s). The formal written protest must state with particularity the facts and law upon which the protest is based. Options are for informational purposes only and will not serve as a basis for protest. Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and validity, and corrective action will be taken as needed contingent upon the validity of such claims. However, any additional time required and cost incurred by the FSA to substantiate a protesting party’s claim(s) beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party’s filing will be reimbursable to the FSA and deducted from the protesting party’s bond or security which must accompany their filing. Any bidder who files an action protesting a decision or intended decision pertaining to this contract shall post a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the item being protested. The bond, cashier’s check or money order must be filed at the time of filing the formal written protest or within the five (5) business day period allowed for filing the formal written protest. FSA will provide the amount required within two (2) business days of the notice of protest received. This bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party’s claim(s). Failure to post the bond or security requirement within the time allowed for filing will result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA within three (3) business days of the FSA bid protest decision regarding their intent to request arbitration. A demand for FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 17 arbitration with the American Arbitration Association’s (AAA) commercial panel under its rules and regulations must be made within ten (10) business days of the FSA bid protest decision. Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. This amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to provide written notice to FSA, file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. By responding to this procurement, the bidder expressly agrees to the use of mandatory binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in any way relating to the procurement process, and expressly waives any and all rights that it may otherwise have to pursue such claims in any other forum, judicial or otherwise. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party incurred in connection with the arbitration. However, if the filing party prevails, the parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs Association. 1.42 NONPERFORMANCE By virtue of the bid submission, bidder acknowledges its obligation to sell items in all zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per item, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA’s discretion. The vendor shall at all times during the contract term remain responsive and responsible. In determining vendor’s responsibility, the FSA shall consider all information or evidence that demonstrates the vendor’s ability or willingness to fully satisfy the requirements of the solicitation and the contract. Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages, suspended or terminated from the contract. The FSA at its sole discretion may remove a noncompliant vendor from future competitive bid solicitations; or take other actions including suspension from the contract until compliance issues are resolved, limit current or future vendor participation by items or zones, or other actions as determined by FSA at its sole discretion. At FSA’s discretion, vendors may be required to develop corrective action plans to address contract compliance. Failure to abide by corrective action plans will result termination from the existing contract and future competitive bid solicitations at the discretion of the FSA. In situations where there is evidence that the vendor has engaged in egregious breaches of the contract with respect to either the FSA and/or the purchaser, the contract can be terminated and the vendor will be removed from future solicitations for a period of up to three (3) years, or a permanent ban from the bid process at the sole discretion of FSA. Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory or vendor installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 18 consent of the purchaser, any misrepresentation of optional equipment or service as being factory that fails to meet the definition as described in this document, and any other practice deemed to be inconsistent with the intent of the contract. Any vendor presented with a valid purchase order consistent with vendor bid quotes or other agreed upon terms and pricing is required by this contract to accept such purchase order and deliver the product. Orders must be fulfilled if the item is a base model or whether it includes options. The vendor must deliver this product if they were awarded the contract – regardless of profit or loss. Failure to deliver the item may result in the purchaser seeking damages for the difference of cost to issue the exact same order with another vendor plus any legal fees and damages that may be incurred in the process to facilitate a completed order. Additionally, FSA may seek damages for nonpayment of administrative fees, to which FSA is entitled, according to Section 3.28 and any attorney’s fees incurred in the recovery of these damages. 1.43 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms. 1.44 TERMINATION FOR CAUSE If through any cause within the reasonable control of the vendor, it shall fail to fulfill in a timely manner, or otherwise violate any of the terms of this contract, the FSA shall have the right to terminate the services remaining to be performed. Written notice of the deficiencies shall be given to the vendor and unless the deficiencies are corrected within 10 business days, the contract may be terminated for cause immediately. The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA, and the failure to exercise such right shall not be deemed to constitute a waiver of this right. In that event, the FSA shall compensate the successful bidder in accordance with the contract for all services performed by the bidder prior to termination, net of any costs incurred by the FSA as a consequence of the default. Notwithstanding the above, the vendor shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the contract by the vendor, and the FSA may reasonably withhold payments to the vendor for the purposes of offset until such time as the exact amount of damages due the FSA from the vendor is determined. 1.45 TERMINATION WITHOUT CAUSE The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor of such termination, which shall become effective 30 calendar days following receipt by vendor of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the FSA. The vendor 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 vendor shall not be entitled to recover any lost profits that the vendor expected to earn on the balance of the contract or cancellation charges. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 19 Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract. 1.46 CONTRACT ADVERTISMENT AND USE OF FSA LOGO The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program. The logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version received from the FSA. Modifications are not permitted. Methods of use include, but are not limited to: • Electronic mediums such as websites, digital marketing campaigns, social media and e-mail; or • Print media such as forms, marketing campaigns, business cards, posters, banners, brochures, flyers and postcards. Vendors may request the logo by contacting cpp@flsheriffs.org, and should include a brief description of how the vendor intends to use the logo. The official FSA sheriff's star and wreath logo may not be used without prior written permission. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 20 2.0 BIDDER INSTRUCTIONS 2.01 QUALIFICATION Bidders are required to complete the qualification packet as part of the bid submission. A bidder becomes a qualified bidder if they comply with this section and Section 2.11, Mandatory Pre-Bid Meeting. Qualification Packet information required for bid qualification include: • Qualification form o Contact Information o Business Profile o References o Disqualifications & Defaults o Warranty Service Plan Attestation o Emergency Technician Attestation • State compliance attestations o E-Verify o Drug-Free Workplace o Workers Compensation o Motor Vehicles Dealer and Brokers license • Federal compliance attestations o Certification Regarding Debarment and Suspension o Certification Regarding Lobbying • Contract Signature Form • Insurance Checklist 2022 o Certificates of Insurance due by September 26th for awarded vendors The qualification packet is located on the bid system. 2.02 LICENSING AND FACILITIES Bidders are required to possess a Florida Motor Vehicle Dealer’s License in order to bid on any motor vehicle. Bidders must maintain a repair facility within the State of Florida to provide warranty service for the items bid. If bidders do not have a facility, the bidder must be able to assist purchasers in obtaining warranty work as authorized by the manufacturer. If a bidder does not maintain a facility within the State of Florida, the bidder must have a plan as to how the bidder would service Florida purchasers if awarded the contract. This warranty service plan must demonstrate that the warranty work will be timely and satisfactorily performed and should include: • Whether the warranty service provider is approved by the manufacturer; • If the bidder plans to contract out for service, a copy of the service agreement; and • Zone specific service plans to include: o Response time to initial call from purchaser, o Number of personnel available to service the contract, o Qualifications of personnel providing warranty work, and o Any additional information that would detail how warranty service would be provided. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 21 The sufficiency of the Warranty Service Plan may be evaluated by the FSA. The FSA reserves the right to request additional information from a bidder regarding the facility during the solicitation and the term of the contract, if awarded. The FSA may also exercise discretion in examining such facility as deemed necessary. 2.03 INSURANCE AND INDEMNIFICATION Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name and description, including legal counsels’ 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 bidder, its agents, employees, partners, or third party suppliers; provided, however, that the bidder shall not indemnify for that portion of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies. Vendor’s obligations under the above paragraph with respect to legal action are contingent upon the Florida Sheriffs Association and/or participating agencies giving the bidder (1) written notice of any action or threatened action, and (2) the opportunity to take over and settle or defend any such action at bidder’s sole expense. Vendor shall not be liable for any cost, expense or compromise incurred by the Florida Sheriffs Association, or participating agencies, in any legal action without bidder’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. The Insurance Checklist summarizes the bidder’s insurance coverage obligations, if awarded. Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be provided no later than five business days prior to the contract award date. The vendor may not begin performance under the contract until such Certificates have been approved by the FSA. The certificate must state Bid Number and Title. FSA must be named as an additional insured for the duration of the contract. The vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the amount and coverage levels specified on the Insurance Checklist. The vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the vendor is acting as an independent contractor. The vendor shall be responsible for the work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular contract. The vendor at all times during the full duration of work under this contract, including extra work in connection with this contract, shall meet the requirements of this section. The vendor shall maintain automobile liability insurance including property damage covering all owned, non- owned, hired and scheduled automobiles, when used in connection with the delivery or service of this contract. The vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist when the garage is used to complete work on this contract. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 22 All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of B+ or better per the AM Best Rating. FSA required insurance coverages must be maintained through the duration of the contract. Upon expiration of the required insurance, the vendor must email updated certificates of insurance for as long a period as any work is still in progress. No change or cancellation in insurance shall be made without 30 calendar days written notice to the FSA. It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The vendor hereby agrees to indemnify and hold harmless the FSA, a 501(c)3, its officers, agents, and employees from all claims for bodily injuries to the public and for all damages to the property per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the vendor, his agents, servants, or employees, or through the mere existence of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of competent jurisdiction. The vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The vendor will secure and maintain policies of third-party suppliers. All policies shall be made available to the FSA upon demand. Compliance by the vendor and all third-party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the vendor and all third-party suppliers of their liabilities and obligations under any section or provisions of this contract. Vendor shall be as fully responsible to the FSA for the acts and omissions of the third-party suppliers and of persons employed by them as they are for acts and omissions of persons directly employed by the vendor. The FSA can request and the vendor shall furnish proof of insurance within seven calendar days of receipt of the written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance during the contract term, the FSA shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements; the FSA may consider alternate insurance coverage. 2.04 SPECIFICATIONS FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 23 All items covered by this contract and the specifications shall be the manufacturer’s current basic production model, and shall, as a minimum, be equipped with all standard factory equipment in accordance with the manufacturer’s latest literature unless otherwise noted in the bid system or FSA base specification. If awarded, bidders must supply an item that either meets or exceeds all the requirements included in the applicable specifications. The bid specifications are contained in the FSA bid system, may be requested from FSA and are retained within FSA’s archive. As part of the bid submission, all bidders will be required to provide information confirmation that the item bid meets the base specification or may have their bid rejected. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle into compliance with the contract specifications. FSA develops the specifications with subject matter experts and publicly available information. However, FSA does not have access to full details from the manufacturer and relies on bidders to assist in this process. Bidders should immediately notify the FSA of any inaccuracies in the specifications. All notifications of inaccuracies must be in writing. 2.05 FIXED PRICES If the bidder is awarded a contract under this Invitation to Bid, the prices quoted by the bidder at the time of bid submission shall remain fixed and firm during the term of this contract, unless otherwise addressed in a contract extension or price adjustment as provided herein. 2.06 DISCOUNTS Discounts listed in FSA22-VEL30.0 Pursuit, Administrative and Other Vehicles, and FSA22-VEH20.0 Heavy Vehicles and Buses bids shall be below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturer’s published list price for any item and options. The vendor has the authority to offer additional discounts based on quantity, as well as additional manufacturer or vendor discounts. Discount ranges are not permissible. Discounts must be a whole, positive percentage with no decimal place (e.g. 10%). 2.07 SEALED BIDS For purposes of this solicitation, a sealed bid is considered a bid submitted using the FSA bid system. 2.08 EXCEPTIONS Any requested exceptions, deviations, or contingencies a bidder may have to the terms and conditions must be documented in bidder’s submission. Exceptions to the item specifications at the time of the bid submission shall reference the item number, make and model. FSA has the discretion to grant or deny, in whole or in part, the bidders requested exception, deviation or contingency to the specifications or terms and conditions. Bidder acknowledges that if FSA rejects the proposed exceptions, the bid may be disqualified. 2.09 MISTAKES Bidders are expected to examine the item specifications, delivery schedules, bid prices and all information pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 24 2.10 EQUIVALENTS Prior to the opening of the bid system, bidders may request item equivalents. The bidder must submit the manufacturer name and model number (or product identifier) of each equivalent requested to FSA. Complete, descriptive, technical literature should demonstrate that the equivalent conforms with specification. If a bid uses equivalents without prior approval, the bid may be disqualified. 2.11 MANDATORY PRE-BID MEETING Prospective bidders are required to attend or participate in the mandatory Pre-Bid Meeting. The Pre-Bid Meeting is designed for vendors, the Fleet Advisory Committee and the FSA to clarify questions on the terms and conditions and to confirm all item specifications. Questions relating to the items, specifications, the bid process, or award can be asked at the Pre-Bid Meeting. Bidders have the opportunity to suggest technical modifications or corrections before the item specifications are finalized. FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested authorization, signs a memo to agree to meet all the terms and conditions without exception and further waives their right to protest the bid process in its entirety or any portion thereof. 2.12 PRICES QUOTED Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a period of sixty (60) calendar days from the date of bid opening. Each item, make, and model must be priced and bid separately. Prices quoted in the bid submission should reflect the final amount the bidder can expect to receive for payment for the items bid for the duration of the contract, unless otherwise provided in the contract. These prices must be inclusive of all of the components included in the base specification. Once awarded, the vendor has the authority to offer discounts for prompt payment. Cash or quantity discounts offered will not be a consideration in determination of award of the bid. Prices bid, including options, must include the administrative fee FSA charges to administer the contract, as outlined within these terms & conditions. The administrative fee is three quarters of one percent (.0075). Prices must be Free On Board (FOB) destination. 2.13 OPTION PRICING FSA requests vendors include most frequently purchased scheduled, factory and aftermarket options in the bid system. The bidder shall offer a discount below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturer’s published list price for any options included in the bid submission and quotes to purchasers, if awarded. Discounts can be provided beyond option prices listed in the contract. The additional discounts for each option shall be decided by the bidder. The FSA has the discretion to disqualify bidders if the option pricing is excessive or if options listed are not available for the item bid. Options are intended to add or delete equipment or features from the base specification. Options can provide an upgrade or downgrade to a manufacturer’s model, such as a slightly different engine size or horsepower, and should not be made available for purchase separate from the base item. Bidders shall NOT use options to create an item that is available as another item bid on this ITB. The use of options to facilitate the sale of an alternate manufacturer’s product which is outside the scope of the base specification will be determined nonresponsive and FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 25 the bid will be rejected in whole or part by the FSA. Bidders must disclose which options require the purchase of other options or are dependent on another option in their bid submission. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately. Bidder must use proper manufacturer codes for all factory options. Options available through the factory should be bid and supplied to purchaser as “factory” options, unless otherwise requested in writing by the purchaser. Factory package options are allowable under this contract. Factory package options included in the bid submission must detail what components the package includes. If a bidder will offer registration and title services as a fee for service, the bidder must include the administrative fee as a separate option (i.e. line item) for each item bid. Government imposed fees should not be included in this option pricing. If the bidder wishes to offer credit to the purchaser for an option that is standard on the FSA base specification, the bidder should include the word “Credit” at the beginning of the description field, and continue to describe the option being credited. For example, “Credit: one key fob” and enter the price the bidder will credit the purchaser. For purposes of this bid, Emergency Lights and Sirens will require a separate pricing sheet and option upload in the bid system. Section 2.14 contains specific instructions and exceptions for emergency lights and sirens. 2.14 EMERGENCY LIGHTS AND SIRENS Under Florida Statute 316.003(1), authorized emergency vehicles are defined as: “Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective departments or the chief of police of an incorporated city or any sheriff of any of the various counties.” Bidders that will provide or contract to provide emergency light and siren installation must only use installers that possess a current Emergency Vehicle Technician Certification, or an approved equivalent. FSA may request certificates for a vendor’s installers at any time during the contract term. Labor may be charged for the installation of emergency lights and sirens. Labor rates must be disclosed as part of the bid submission. Bidders may not charge for labor for vehicles that are manufactured with emergency lights and sirens, including motorcycles. Prices submitted for emergency lights and sirens shall include all applicable government-imposed fees. Bidders that install emergency lights and sirens are required to provide and install products that are Society of Automotive Engineers (SAE) certified. SAE Certifications must include Class 1, Class 2 and Class 3 in order to be eligible for participation in the contract. If a lighting or siren product installed on an emergency vehicle is not SAE Certified, the vendor can be found in default of the contract. Bid Submission of Emergency Lights and Sirens If offering emergency lights and sirens, bidders will be asked to provide pricing by submitting a pricing sheet. An emergency vehicle lights and siren option pricing template is offered in the bid system. Bidders are encouraged, but not required to use the template. If item or specification group is helpful to display light and siren options, bidders may categorize the pricing sheet by item group. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 26 Items listed below are required for the submission of the pricing sheet: • Order code • Description to include manufacturer • Price (part only) • Estimated labor hours • Labor cost per hour 2.15 SUBMITTAL OF BID Bidders must submit a bid electronically using the bid system. Bid submissions include pricing for the base specification, option descriptions and pricing, and any applicable lighting/siren pricing, as well as required documentation. The bid must be received by the date and time specified on the Bid Calendar seen in Appendix B. Failure to meet all submission requirements by the date indicated on the Bid Calendar will result in rejection of the bid. Bid System: VendorLink The bid system is located at https://www.myvendorlink.com. Bidders are encouraged to participate in training provided. Usernames and passwords will be issued to bidders after registering in the bid system. Contact VendorLink at support@evendorlink.com if technical issues arise during bid submission. Prices are to be rounded to the nearest whole dollar. If a bidder submits bid pricing using cents, the following formula will be applied: $.01-.49 will be rounded down to the dollar bid (e.g., $50.49 = $50) and $.50-.99 will be rounded to the next dollar (e.g., $50.50 =$51). Bid Submission To ensure correct bid submittal and formatting, bidders shall: • Input a bid price for each item by zone. • Upload files as instructed in the bid system; files requested will be in Excel or .pdf. • Follow all instructions outlined in this ITB and provide all requested information. The bid shall include the following documents: • Executed Qualifications Packet. • Build sheet for each item bid as a single .pdf • Pricing Sheet for Emergency Vehicle Lights and Sirens, if applicable. • Any requested exceptions or equivalents. Option Upload An option sheet should be submitted for each item bid. The bid system will accept option information for each item through a .pdf file upload. Each option sheet should include a header to identify the FSA contract title and number, the bidder name, item number, make and model. Information required for the bid submission must comply with the terms and conditions. Each option sheet should include: • Manufacturer order code • Description • Price Bidders may also choose to add MSRP and the discount offered to their option pricing sheet. If option pricing is not uploaded correctly, FSA may require bidders to correct the issue, but bidders may not modify the price. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 27 FSA may ask awarded bidders to supply one hard copy set with digital signatures and original compliance forms, prior to the contract execution. Hard copy bids should not be submitted unless specifically requested by FSA. FSA is not responsible for bidder’s improper use of the bid system. Exceptions will be granted to this section should any bid system malfunctions occur. 2.16 ZONE BIDDING Bidders may bid in one or more geographic zones. The zone map is included in Appendix A. Bidders must submit pricing for each zone they wish to be evaluated. 2.17 EXECUTION OF BID By submitting a response to this Invitation to Bid, the bidder agrees to the terms and conditions of this contract and to be bound by such terms and conditions if selected for award. The bidder must submit the Contract Signature Form with the signature of an authorized representative no later than the bid submittal due date. All terms and conditions are applicable throughout the term of the contract and not specific to any given year, make or model. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 28 2.18 MODIFICATION OR WITHDRAWALS OF BIDS A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date and time of the bid submission listed in the Bid Calendar. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the contract award. If a bidder must withdraw the bid, the bidder must contact FSA immediately. Bid withdrawals are handled on a case-by-case basis, and can result in a limitation of participation in future bids. 2.19 LATE BIDS The responsibility for submitting a bid before the due date and time on the bid calendar is solely and strictly the responsibility of the bidder. The FSA is not responsible for delays caused by technical problems, any internet outages or delays incurred by electronic delivery, or any other occurrence. Any reference to time will be based on Eastern Time. 2.20 BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar. The bid opening may occur at the Florida Sheriffs Association, 2617 Mahan Drive, Tallahassee, Florida, or may be offered online. FSA will provide a bid inspection period for bidders following the bid opening. The date, time and duration will be announced prior to the bid opening. 2.21 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, the bid must conform in all material respects to the requirements stated in the contract. As set forth in Section 2.26, FSA reserves the right to waive or allow a vendor to correct minor irregularities. 2.22 RESPONSIBLE BIDDER CRITERIA Bids will be evaluated to determine if qualifications and contract requirements are met. Responses that do not meet all requirements of this Invitation to Bid or fail to provide all required information, documents or materials may be rejected as nonresponsive. Bidders whose responses, 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. In determining a responsible bidder, the following factors may be considered: • Adequacy of facilities, staffing, and financial resources; • Previous experience with FSA contract or other similar government contracts; • Ability to provide excellent customer service, including previous FSA contracts; and • Any other information relevant to the responsibility of a vendor that FSA is aware of. In addition to the requirements of set forth by these Terms & Conditions, FSA reserves the right to request staffing, performance and financial information from any bidder during the evaluation process. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 29 FSA reserves the right to determine which responses meet the requirements, specifications, terms and conditions of the solicitation, and which bidders are responsive and responsible. FSA further reserves the right to limit participation of bidders who, in FSA’s sole discretion, are determined to present responsibility concerns that call into question the bidder’s ability to perform but that do not rise to the level of requiring rejection of the bidder as non-responsible. 2.23 BASIS FOR AWARD The FSA shall make awards to the lowest bidder by item, by manufacturer, and by zone to bidders deemed to be responsive and responsible. Awards may also be made to the second and third lowest bidders by item, by manufacturer and by zone, and determined to be in the best interest of the FSA and the purchaser. FSA has the discretion to consider option pricing in making the award. Awards will not be given to any parties listed on the government wide exclusion in the System for Award Management. See Appendix D, II to 2 CFR Part 200. FSA reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality or omission if it determines that doing so will serve the purchaser’s best interest. 2.24 FIRM BID Bidder warrants by virtue of bidding it is submitting a firm bid and the prices quoted in their bid response will be good for an evaluation period of sixty (60) calendar days from the date of bid opening, and if awarded, through the duration of the contract unless otherwise addressed by a contract extension or price adjustment as provided in this contract. By virtue of the bid submission, bidder acknowledges its obligation to sell items in all zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per item, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA’s discretion. 2.25 BID TABULATIONS The Bid Tabulation report will be posted on the FSA Cooperative Purchasing Program website after the bid submission closes. If there is a delay in posting the bid tabulation results, FSA will post a notice of the delay and a revised date for posting of results. 2.26 MINOR IRREGULARITIES/RIGHT TO REJECT The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any minor irregularity, technicality or omission if the FSA determines that doing so will serve its best interest or the best interest of the purchasers. A minor irregularity is a variation from the terms and conditions of this procurement that does not affect the price of the bid or give the bidder a substantial advantage over other bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers. At its option, the FSA may allow a bidder to correct minor irregularities but is under no obligation to do so. In doing so, the FSA may request a bidder to provide clarifying information or additional materials to correct the irregularity. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 30 However, the FSA will not request and a bidder may not provide the FSA with additional materials that affect the price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders. The FSA may also reject any bids not submitted in the manner specified in this document. 2.27 CONE OF SILENCE This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens through the intent to award date as indicated in the Bid Calendar. During this period, all communications regarding this solicitation between FSA and Bidder will cease, except for procedural questions, questions regarding problems incurred in the use of the bid system, or communications initiated by the FSA. All permitted communications during this period shall be made in writing to the t contacts identified in Section 1.01 of this ITB. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 31 3.0 CONTRACT CONDITIONS 3.01 GENERAL REQUIREMENTS Once the bid has been awarded, the terms and conditions of this document become the contract between the FSA and the awarded vendor. The terms and conditions apply to all items purchased from this contract. 3.02 STATEMENT OF AUTHORITY Each person signing the contract warrants that they are duly authorized to do so and binds the respective party to the contract. 3.03 VENDOR CONTACT INFORMATION The vendor shall maintain current contact information with FSA at all times for sales and submission of purchase orders, quarterly reports and administrative fee payments. If a change occurs during the contract, the vendor must notify FSA immediately. 3.04 ADDITIONS OR DELETIONS FSA reserves the right to add or delete any items from this bid or resulting contract when deemed to be in the best interest of FSA and purchasers, at its discretion. This decision to take action may be based upon and not limited to few or no sales, product recalls and other safety issues, vendor or manufacturer performance, or the product’s lack of relevance. 3.05 CONTRACT EXTENSION Contract Extension The contract may be extended by mutual agreement for up to two (2) additional years, on a year-to-year basis. FSA reserves the right to execute a contract extension or to allow the contract to fully or partially terminate and readvertise for bids, whichever is in the best interest of FSA. The vendor may request price adjustments for contract extensions as provided for herein. If no request is received from the vendor, the FSA will assume that the vendor has agreed that the optional term may be exercised without a price adjustment. Any adjustment request received after the execution of an extension may not be considered unless otherwise provided for in this contract. Month-to-Month Continuation In the event a new contract is not active at the time of this contract’s expiration, this contract’s terms and conditions shall extend on a month-to-month basis and shall not constitute an implied extension of the contract. Such a month-to-month continuation shall be upon the compensation and payment provided herein. 3.06 PRICE ADJUSTMENT This contract provides the following options for price adjustments: • Annual Price Adjustments • Changes to Manufacturer Production or Design FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 32 • Manufacturer Certified Adjustments • Equitable Adjustments Price adjustment requests must clearly substantiate a need to increase or decrease the price. Price adjustments will not be considered if vendors are delinquent on administrative fee payments or have outstanding quarterly reports. Annual Price Adjustment The FSA may consider annual price adjustments due to: • Changes in the Producer Price Index (PPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS); or • As a result of changes to national or state standards that require substantial price adjustments. FSA may consider other documentation related to the change to national or state standards, but is not obligated to grant price changes without literature from the manufacturer. The FSA will consider the request and will make a final determination on the change in price. Changes to Manufacturer Production or Design Significant changes by the manufacturer to the production of and specification design may initiate a price adjustment request. FSA will consider order dates, production factors, model year, or other conditions, as well as the replacement or complete redesign of items. Vendors must provide documentation from the manufacturer. Manufacturer Certified Adjustments Vendors must provide documentation from the manufacturer to FSA that shows a legitimate need for price adjustments. Equitable Adjustments The FSA may make an equitable adjustment to the contract terms or pricing at its discretion. 3.07 CONDITIONS It is understood and agreed that any item offered or shipped as a result of this contract shall be the most current model offered. 3.08 PRODUCTION CUTOFF Vendors shall notify the FSA in writing no less than sixty (60) calendar days prior to the close of final order date by the manufacturer when the final order date is during the term of the contract. Purchase orders received by the vendor ten (10) business days prior to the final order date must be accepted and entered into the order system with the manufacturer. Purchase orders issued and received after the production cutoff date will be subject to availability. In this case, the vendor and manufacturer have the discretion whether to choose to provide next year’s model at current year’s prices until the end of the contract term. If the manufacturer cutoff date is during the term of the contract and will affect the purchaser’s ability to obtain the items, FSA may consider substitutions from the same manufacturer. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 33 3.09 FACILITIES The FSA reserves the right to inspect the vendor’s facilities at any time with prior notice. 3.10 PURSUIT RATED VEHICLES & MOTORCYCLES Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation. These evaluations are not designed to recommend a particular product, but to serve as a resource for vehicles which are currently being offered for law enforcement service. To see the full detailed report, click or copy the links below. At the time of the bid there were two nationally recognized authorities: State of Michigan, Vehicle Test Team of the Michigan State Police (MSP) Precision Driving Unit Los Angeles County Sheriff’s Department Law Enforcement Vehicle Test and Evaluation Program Vehicles: 3.11 SPECIAL SERVICE VEHICLES Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on pursuit vehicle testing program/evaluation. These vehicles are labeled as Special Service Vehicle (SSV) and often used in public safety applications and other areas of government. Refer to manufacturers published information for detailed information regarding these vehicles. 3.12 CAB AND CHASSIS PURCHASES Vendors performing upfitting of cab and chassis should be licensed and certified to perform such work. Vendors are responsible for tag and title work if the chassis is completed by the vendor or the vendor’s contracted third- party supplier. The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to cab and chassis purchases. Cab and chassis may be purchased from the vendor without any required additional upfitting by the vendor. Vendors are not responsible for tag and title if an incomplete chassis is requested and sold to the purchaser. 3.13 FACTORY-INSTALLED OPTIONS All options specified as factory-installed are to be installed on the item at the primary site of assembly and is to be the manufacturer’s standard assembly-line product. Aftermarket and vendor-installed equipment will not be accepted as factory-installed. Vendors found supplying aftermarket or vendor-installed equipment where factory- installed are specified shall be required to retrieve all delivered items and supply new items meeting the specifications. All factory-ordered options are to be original equipment manufacturer (OEM) and installed at the primary site of assembly unless otherwise noted by the vendor and acknowledged in writing by the purchaser. Verbal agreements will not be recognized. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 34 3.14 VENDOR-INSTALLED OPTIONS All vendor-installed accessories, equipment, or options shall be installed according to the manufacturer’s specifications. All vendor-installed options must be manufactured by an established manufacturer of the product provided. Vendors are required to disclose make and model of product being offered, design, and model must be approved by the purchaser prior to installation. Prior to any purchase, the vendor must also disclose the warranty of any accessory, equipment or option that is less than or exceeds the factory or equipment warranty coverage. Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the contract in accordance with these terms & conditions. 3.15 NON-SCHEDULED OPTIONS A non-scheduled option is an option not listed on the FSA published award. Vendors may provide non-scheduled options at less than MSRP or the Published List Price. Non-scheduled options should be identified and listed as a separate line item with the price and discount on the purchase order. Non-scheduled options are covered under these terms and conditions. 3.16 FORCE MAJEURE A vendor shall not be penalized for a delay resulting from the vendor’s failure to comply with delivery requirements if neither the fault nor the negligence of the vendor or its employees 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 vendor’s control, or for any of the foregoing that third party suppliers if no alternate source of supply is available to the vendor. 3.17 ORDER To initiate a purchase, a purchase order must be issued to the vendor, which includes: • FSA contract title and number; • FSA item number, and the make and model or item description; and • Purchaser name, phone number and email address. The vendor’s acceptance of a purchaser’s order will indicate that the vendor agrees to deliver an awarded item that will be fully compatible with all of its options. Production schedules and delivery dates should be discussed at the time the quote is provided to the purchaser, or if no quote is provided, when the purchase order is delivered to the vendor. Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase order. The vendor shall assure that all orders are placed in full compliance with the specifications and the terms and conditions of the contract and the purchase order. Any changes that are required to bring an item into compliance with the various options due to an incorrect order will be accomplished at the vendor’s expense. A Confirmation of Order form shall be completed by the vendor and provided to the purchaser and FSA fifteen (15) calendar days from receipt of purchase order without request by the purchaser. Any additional information needed to complete this form should be obtained by the vendor from the purchaser. While it is recommended that an agency purchase from the zone which is closest to their location, it is not mandatory to do so. If the purchaser determines that a vendor in another zone can better serve the purchaser’s needs, the purchaser may order from a vendor in another zone. Vendors that provide awarded items outside of an awarded zone may upon mutual agreement between the vendor and the purchaser charge a delivery fee. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 35 If a vendor receives a purchase order for an item for which they were not awarded, the vendor must notify the purchaser and return the purchase order to the purchaser within three (3) business days. 3.18 REGISTRATION, TAG, AND TITLE Title items shall be the responsibility of the vendor. If the purchaser is a government agency, the purchaser has the right to choose to register and title the item. Costs of registration, tag and title shall not exceed the statutory rates. FSA administrative fee does not apply to the cost of registration, tag and title. 3.19 DELIVERY Vendors are to inspect the item to confirm the item meets or exceeds the FSA base specification, manufacturer specification, and purchase order. Deliveries not complying with these requirements may be rejected and will have to be redelivered at vendor’s expense. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. Delivery schedules shall be agreed to by the purchaser and the vendor. Vendor shall notify the purchaser no less than twenty-four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon delivery details. The vendor shall be responsible for delivering items that are properly serviced, clean and in first class operating condition. Items shall be delivered with each of the following documents completed or included: 1. Copy of the purchase order. 2. Copy of the FSA base specification. 3. Copy of manufacturer’s Invoice, price sheet, build sheet or other documentation that verifies what components are included on the item being delivered 4. Copy of the pre-delivery service report 5. Registration warranty certification 6. Owner’s manual 7. Registration, tag and title or an application for the registration, as applicable All items with fuel tanks of thirty-five (35) gallons or less must contain no less than one quarter (1/4) tank of fuel as indicated by the fuel gauge at the time of delivery. For items that have more than thirty-five (35) gallons, a minimum of one eighth (1/8) of a tank of fuel must be provided. The purchaser has the option to reject a vehicle with more than 350 odometer miles, or may deduct $0.51 cents per mile in excess of 350 miles from the invoice, unless distance above 350 miles was previously approved by the purchaser. Deliveries of less than 350 miles may be accomplished by driving the vehicle. Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer’s break-in requirements and all applicable traffic laws. Any delivery accomplished by driving a pursuit-rated vehicle must use an “OUT OF SERVICE” cover on light bars. Deliveries in excess of 350 miles shall be made by transport, or otherwise approved by the purchaser, however, this requirement shall not apply to incomplete chassis. Items with hour meters must be delivered with fewer than five (5) hours on the hour meter or may be rejected by the purchaser. The purchaser may choose to negotiate a lower purchase price when the item exceeds five (5) hours. When items require service or adjustments upon delivery, the vendor shall either remedy the defect, or be responsible for reimbursing the manufacturer’s local authorized representative or other service provider to remedy the defect. Such service or adjustments shall be initiated by the vendor within 48 hours after notification FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 36 by a purchaser, not to include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory, and the item is redelivered or repaired. The cost of any transportation required to address the defect shall be the responsibility of the vendor until the items are satisfactory and accepted by the purchaser. 3.20 INSPECTION AND ACCEPTANCE Final acceptance shall be given only after the purchaser inspects or confirms the item meets contract specifications. Delivery of an item to a purchaser does not constitute acceptance for the purpose of payment. Inspection and acceptance will be at the purchaser’s destination unless otherwise previously agreed upon location was provided in the purchase order. Should the delivered items differ in any respect from the item specifications, payment can be withheld until such time as the vendor completes the necessary corrective action. 3.21 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this contract. Vendors must invoice each purchaser independently. The vendor shall be paid upon submission of invoices to the purchaser after satisfactory delivery and acceptance of the items. The Local Government Prompt Payment Act will apply to ensure timely payment of vendor invoices. The Local Government Prompt Payment Act is defined in Sections 218.70–218.79 of Florida Statutes. 3.22 WARRANTY All warranties shall begin at the time of delivery and final acceptance by the purchaser. The purchaser’s warranty should not be active for incomplete items and items delivered to a third-party supplier before final delivery. 3.23 PURCHASE ORDERS The vendor must submit electronic copies of purchase orders within fifteen (15) calendar days of the purchase order issue date. Emails shall be sent to coop@flsheriffs.org. Purchase orders received by the vendor after this deadline must be submitted to FSA as soon as possible with the date received by the vendor and cause for the delay. Purchase orders should contain the following required information: • Purchaser name, • Purchase order number, • Purchase order issue date, • FSA contract title and number, • Item number, • Item make and model, or item description, • Item price, • Options by item, and • Estimated delivery date. Purchase orders vary in format and information provided. If a purchase order does not include the required information, the vendor must submit supplemental documentation to FSA at the same time the purchase order is due. Such information may be in bid quotes, equipment proposals, confirmation of orders, or other documents. If a purchaser does not use purchase orders, written communication from the purchaser to the vendor will be provided supplied to FSA. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 37 3.24 QUARTERLY REPORTS Quarterly reports are the contractual responsibility of each vendor. Quarterly reports must be completed and submitted electronically. All quarterly reports shall be sent to reports@flsheriffs.org. The quarterly report template shall be submitted using an Excel workbook provided by FSA. Quarterly reports which do not adhere to the required format or are not complete of all purchase orders received and/or deliveries made during the quarter will be returned to the reporting vendor for correction. Quarterly reports are due no later than the 15th day of the month following the end of the quarter. Quarterly reports shall follow the schedule below for the duration of the contract. If a contract extension is executed, the quarterly reports will maintain the same schedule for future reporting periods. Contract Year: October 1, 2022 – September 30, 2023 Year 1 Quarter 1: October 1 – December 31 Q1 Report Due: January 15 Year 1 Quarter 2: January 1 – March 31 Q2 Report Due: April 15 Year 1 Quarter 3: April 1 – June 30 Q3 Report Due: July 15 Year 1 Quarter 4: July 1 – September 30 Q4 Report Due: October 15 Quarterly reports must be submitted even if there are no sales or no deliveries in a quarter. If a vendor has no sales within a quarter, the vendor shall indicate “No sales this quarter” on the top row of the sales worksheet. If the vendor has no deliveries in a given quarter, the vendor shall indicate “No deliveries this quarter” on the top row of the delivery worksheet. FSA reserves the right to modify the procedure for submitting quarterly reports during the term of the contract. Such a change shall not materially modify the substance of the information to be reported, but may change the method by which future quarterly reports are to be submitted. In the event of such a change, FSA will provide written notice to all vendors of the method by which future quarterly reports are to be submitted. 3.25 ADMINISTRATIVE FEE The FSA charges three quarters of one percent (.0075) to procure, process and administer the contract. The administrative fees are the contractual responsibility of each awarded vendor. After receipt of payment from contract purchases, the vendor shall remit all administrative fees to the FSA no later than 15 calendar days after the end of each quarter. All fees payable to the FSA during any given quarter will be accompanied and supported by a quarterly report. The administrative fee will remain payable to FSA and no relief from payment of the administrative fee, nor any additional charge to recoup the administrative fee, will be permitted if a vendor fails to incorporate the administrative fee in its bid pricing. The administrative fee should never be listed as a separate line item on any purchase order or invoice. The administrative fee is based on the total purchase order amount of new items. This fee excludes any value given to purchasers for trade-ins. Trade-ins, extended warranties and other exchanges will not reduce or impact the fee calculation. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 38 The ACH form for electronic payment or wiring of funds is included in Appendix C. It is the preference of FSA that all payments be electronically paid and submitted. If ACH is not available, checks for the administrative fee can be sent to: Florida Sheriffs Association Cooperative Purchasing Program 2617 Mahan Drive Tallahassee, FL 32308 3.26 LIQUIDATED DAMAGES The vendor warrants that the item supplied to the purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract. Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the vendor responsible for same. Failure to submit the administrative fee with accompanying quarterly reports to FSA within 15 calendar days following the end of each quarter may result in the imposition of liquidated damages. Vendors failing to submit administrative fees and/or quarterly reports will incur liquidated damages in the amount of $25 for each calendar day that fees and reports are past due, beginning on the 16th day following the end of the quarter. If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this section, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs incurred in the litigation. The venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida. When quarterly reports are late, liquidated damages are to be included in vendor’s Quarterly Report and administrative fee submission. Liquidated damages that remain unpaid beyond 45 calendar days can result in FSA, at its sole discretion, implementing contract compliance actions, including but not limited to, suspension, limited participation by specifications or zones, disqualification from future solicitations, or termination for cause pursuant to the Terms & Conditions. Schedule of Liquidated Damages Failure to submit quarterly report on time $25 per calendar day Failure to submit administrative fee on time $25 per calendar day Failure to report a Purchase Order to FSA within 15 calendar days of the purchase order issue date $100 per Purchase Order Failure to Report Sales .0075 of the sales price plus 1.5% each month following the delivery date. Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will result in liquidated damages to this contract. Vendor agrees and acknowledges that these liquidated damages are not intended to be and do not constitute a penalty and that these amounts are reasonably calculated to compensate the FSA for the damages that it will incur as a result of the vendor’s failure to take the specified actions. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 39 Appendix A: Zone Map FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 40 Appendix B Bid Calendars FSA22-VEL30.0 Pursuit, Administrative and Other Vehicles FSA22-VEH20.0 Heavy Trucks BID CALENDAR ITEM DATE Bid Announcements 5/17/22 & 5/31/22 Voluntary Workshop for Interested Bidders on Pursuit Rated & Admin 5/4/2022 Voluntary Workshop for Interested Bidders on Heavy Trucks & Buses 5/5/2022 Mandatory Pre-Bid Meeting FSA22-VEL30.0 7/12/2022 Mandatory Pre-Bid Meeting FSA22-VEH20.0 7/13/2022 FSA Bid System Training For Bidders 7/19/2022 Request for Clarifications Due to FSA 7/25/2022 FSA Response to Request for Clarifications 8/1/2022 Cone of Silence 8/4/22-9/16/22 Bid System Open 8/4/2022 Bid Submissions Due 8/25/2022 Public Bid Opening 8/26/2022 Bid Tabulations Posted 8/26/2022 Bid Evaluation 9/13-16/22 Intent To Award Posted 9/16/2022 Effective Date Of New Contract 10/1/2022 * FSA will complete the mandatory pre-bid meeting via ZOOM For the most up to date information, please refer to https://www.flsheriffs.org/law- enforcement- programs/cooperative-purchasing-program/bid-announcements * Details for the Workshop, Mandatory Pre-Bid Meeting, and Public Bid Openings will be posted on FSA’s website, emailed to interested bidders, or can be found in Florida Administrative Register (as appropriate) for the dates published. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 41 Appendix C: ACH Payments FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 42 Appendix D: Federal Clauses . APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS (excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000) TYPE OF PROCUREMENT PROVISION Professional Services/A&E Operations/ Management Rolling Stock Purchase Construction Materials & Supplies No Federal Government Obligations to Third Parties (by Use of a Disclaimer) All All All All All False Statements or Claims Civil and Criminal Fraud All All All All All Access to Third Party Contract Records All All All All All Changes to Federal Requirements All All All All All Termination >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. Civil Rights (Title VI, ADA, EEO except Special DOL EEO clause for construction projects) All All All>$10,000 All All Special DOL EEO clause for construction projects >$10,000 Disadvantaged Business Enterprises (DBEs) All All All All All Incorporation of FTA Terms All All All All All Debarment and Suspension >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 As of Feb. 2011, FTA has not adopted the FAR 2.101 $150,000 standard. >$100,000 As of Feb. 2011, FTA has not adopted the FAR 2.101 $150,000 standard. >$100,000 As of Feb. 2011, FTA has not adopted the FAR 2.101 $150,000 standard. Resolution of Disputes, Breaches, or Other Litigation >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Cargo Preference Transport by ocean vessel. Transport by ocean vessel. Transport by ocean vessel. Fly America Foreign air transp. /travel. Foreign air transp. /travel. Foreign air transp. /travel. Foreign air transp. /travel. Foreign air transp. /travel. PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 43 B.APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS (Continued) (excluding micro-purchases, except Davis-Bacon requirements apply to construction contracts exceeding $2,000) TYPE OF PROCUREMENT PROVISION Professional Services/A&E Operations/ Management Rolling Stock Purchase Construction Materials & Supplies Davis-Bacon Act >$2,000 (also ferries). Contract Work Hours and Safety Standards Act >$100,000 (transportation services excepted). >$100,000 >$100,000 (also ferries). Copeland Anti-Kickback Act Section 1 Section 2 All >$2,000 (alsoferries). Bonding $100,000 Seismic Safety A&E for new buildings & additions. New buildings & additions. Transit Employee Protective Arrangements Transit operations. Charter Service Operations All School Bus Operations All Drug Use and Testing Transit operations. Alcohol Misuse and Testing Transit operations. Patent Rights R & D Rights in Data and Copyrights R & D Energy Conservation All All All All All Recycled Products EPA-selected items $10,000 or more annually. EPA-selected items $10,000 or more annually. EPA-selected items $10,000 or more annually. Conformance with ITS National Architecture ITS projects. ITS projects. ITS projects. ITS projects. ITS projects. ADA Access A&E All All All All Notification of Federal Participation for States Limited to States. Limited to States. Limited to States. Limited to States. Limited to States. Title 2- Grants and Agreements Subtitle A- Office of Management and Budget Guidance for Grants and Agreements Chapter II- Office of Management and Budget Guidance Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Authority:31 U.S.C. 503 Source:78 FR 78608, Dec. 26, 2013, unless otherwise noted. Source:85 FR 49543, Aug. 13, 2020, unless otherwise noted. Source:85 FR 49539, Aug. 13, 2020, unless otherwise noted. Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. This content is from the eCFR and is authoritative but unofficial. (A)Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B)All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. (C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,12935,3 CFR Part,1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Appendix II to Part 200, Title 2 (up to date as of 7/08/2022) Contract Provisions for Non-Federal Entity Contracts Under Fe...Appendix II to Part 200, Title 2 2 CFR Appendix-II-to-Part-200(D) (enhanced display)Page 44 Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. (E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H)Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Appendix II to Part 200, Title 2 (up to date as of 7/08/2022) Contract Provisions for Non-Federal Entity Contracts Under Fe...2 CFR Appendix-II-to-Part-200(E) 2 CFR Appendix-II-to-Part-200(I) (enhanced display)Page 45 [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014;85 FR 49577, Aug. 13, 2020] (J)See § 200.323. (K)See § 200.216. (L)See § 200.322. Appendix II to Part 200, Title 2 (up to date as of 7/08/2022) Contract Provisions for Non-Federal Entity Contracts Under Fe...2 CFR Appendix-II-to-Part-200(J) 2 CFR Appendix-II-to-Part-200(L) (enhanced display)Page 46 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 47 *References to the code of regulations (CFR) or United States Code (USC) were accurate at the time of publication. It is the responsibility of the bidder to ensure compliance is met of the referenced state and federal laws within the published rules. ACCESS TO RECORDS AND REPORTS 49 U.S.C. § 5325(g) 2 C.F.R. § 200.333 49 .F.R. part 633 1.Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records. 2.Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. 3.Access to Records. The Contractor agrees to provide sufficient access to FSA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. 4.Access to the Sites of Performance. The Contractor agrees to permit FSA and its contractors access to the sites of performance under this contract as reasonably may be required. BUS TESTING 49 U.S.C. § 5318(e) 49 C.F.R. part 665 The operator of the bus testing facility is required to provide the resulting test report to the entity that submits the bus for testing. The manufacturer or dealer of a new bus model or a bus produced with a major change in component or configuration is required to provide a copy of the corresponding full bus testing report and any applicable partial testing report(s) to the recipient during the point in the procurement process specified by the recipient, but in all cases before final acceptance of the first bus by the recipient. The complete bus testing reporting requirements are provided in 49 C.F.R. § 665.11. Although no specific certification and bus testing language in required, recipients can draw on the following language for inclusion in their federally funded procurements. Bus Testing The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, the contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the recipient. BUY AMERICA REQUIREMENTS 49 U.S.C. 5323(j) 49 C.F.R. part 661 The Buy America regulation at 49 C.F.R. § 661.13 requires notification of the Buy America FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 48 requirements in a recipients’ bid or request for proposal for state or federally funded contracts. Recipients can draw on the following language for inclusion in their federally funded procurements. Note that recipients are responsible for including the correct Buy America certification based on what they are acquiring. Recipients should not include both the rolling stock and steel, iron, or manufactured products certificates in the documents unless acquiring both in the same procurement. Buy America The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11. The [bidder or offeror] must submit to [Recipient] the appropriate Buy America certification below with its [bid or offer]. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. In accordance with 49 C.F.R. § 661.6, for the procurement of steel, iron or manufactured products, use the certifications below. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. § 55305 46 C.F.R. part 381 The Cargo Preference Act of 1954 requirements applies to all contracts involving equipment, materials, or commodities that may be transported by ocean vessels. The Maritime Administration (MARAD) regulations at 46 C.F.R. § 381.7 contain suggested contract clauses. Cargo Preference - Use of United States-Flag Vessels The contractor agrees: 1.to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; 2.to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FSA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and 3.to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 42 U.S.C. §§ 7401 – 7671q 33 U.S.C. §§ 1251-1387 2 C.F.R. part 200, Appendix II (G) The Contractor agrees: 1)It will not use any violating facilities; 2)It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” 3)It will report violations of use of prohibited facilities to FSA; and 4)It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 49 CIVIL RIGHTS LAWS AND REGULATIONS Civil Rights and Equal Opportunity The AGENCY is an Equal Opportunity Employer. As such, the AGENCY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the AGENCY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1.Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FSA may issue. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal 2.Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FSA may issue. 3.Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FSA may issue. 4.Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FSA may issue. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 C.F.R. part 26 It is the policy of the AGENCY and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in government assisted contracts. It is also the policy of the AGENCY to: 1.Ensure nondiscrimination in the award and administration of DOT-assisted contracts; FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 50 2.Create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts; 3.Ensure that the DBE program is narrowly tailored in accordance with applicable law; 4.Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBE’s; 5.Help remove barriers to the participation of DBEs in DOT assisted contracts; 6.To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and 7.Assist in the development of firms that can compete successfully in the marketplace outside the DBE program. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the AGENCY deems appropriate. For the purpose of this Contract, the AGENCY will accept DBE’s who are: 1.Certified, at the time of bid opening or proposal evaluation, by the [certifying agency or the Unified Certification Program (UCP)]; or 2.An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status; or 3.Certified by another agency approved by the AGENCY. The DBE Certification Program is a Federal Program designed for business owners deemed "socially and economically disadvantaged." A Disadvantaged Business Enterprise (DBE) is a for-profit, independent small business concern that is: 1.At least 51% owned by one or more individuals who are both socially and economically disadvantaged; and 2.Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. To achieve DBE status a business must meet the following criteria: 1.Must be an existing "for-profit" business that is currently operational; 2.Must meet the federal definition of a small business concern; 3.Must be an independent business which does not depend on its relationships with another firm or firms. If it is a subsidiary of a corporation, the business must still operate in a self-sufficient manner; 4.The qualifying owner(s) must meet the federal definition of "socially and economically disadvantaged" individuals; 5.The qualifying owner(s) must own a minimum of 51% of the company; and have an investment in their company; 6.The qualifying owner(s) cannot have a net worth that exceeds $1.32 million (excluding the owner's business and primary residence); 7.The qualifying owner(s) must have day-to-day control of operations and possess an expertise in their work specialty. The Unified Certification Program (UCP) provides "one-stop shopping" where disadvantaged businesses that meet the DBE certification requirements and become certified are eligible to be used to meet the DBE goal requirements on any project with funding from the U.S. Department of Transportation. The UCP eliminates the need for multiple DBE certifications with recipients of funding from the U.S. Department of Transportation (USDOT). In Florida, DBE UCP Certifying Members shall make certification decisions on behalf of all recipients in the state, with respect to participation in the U.S. Department of Transportation DBE Program. 1.The UCP shall provide "one-stop shopping" to applicants for certification, such that an applicant is required to apply only once for a DBE certification and all recipients in the state will honor that certification. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 51 2.All obligations of recipients with respect to certification and nondiscrimination must be carried out by UCPs, and recipients may use only UCPs that comply with the certification and nondiscrimination requirements of 49 CFR Part 26. 3.A UCP is not required to process an application for certification from a firm having its principal place of business outside the state of Florida if the firm is not certified by the UCP in their "home state", where it maintains its principal place of business. 4.A UCP DBE Directory containing all firms certified by the Florida DBE UCP Program is available to the public electronically, on the internet. The DBE Directory is updated as additions/changes are made. The web address for the DBE Directory is https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/ FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 52 EMPLOYEE PROTECTIONS 49 U.S.C. § 5333(a) 40 U.S.C. §§ 3141 – 3148 29 C.F.R. part 5 18 U.S.C. § 874 29 C.F.R. part 3 40 U.S.C. §§3701-3708 29 C.F.R. part 1926 The recipient must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. In addition, recipients can draw on the following language for inclusion in their federally funded procurements. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the agency, and the Contractor will permit such representatives to interview employees during working hours on the job. The contractor shall require the inclusion of the language of this clause within subcontracts of all Tiers. ENERGY CONSERVATION 42 U.S.C. 6321 et seq. 49 C.F.R. part 622, subpart C The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. FLY AMERICA 49 U.S.C. § 40118 41 C.F.R. part 301-10 48 C.F.R. part 47.4 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 53 Fly America Requirements Definitions. As used in this clause-- “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. “United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411. When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 2 C.F.R. part 180 2 C.F.R part 1200 2 C.F.R. § 200.213 2 C.F.R. part 200 Appendix II (I) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: 1.Debarred from participation in any federally assisted Award; 2.Suspended from participation in any federally assisted Award; 3.Proposed for debarment from participation in any federally assisted Award; 4.Declared ineligible to participate in any federally assisted Award; 5.Voluntarily excluded from participation in any federally assisted Award; or 6.Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The debarment and suspension certification within the FSA CPP procurement package is a material representation of fact upon which reliance was placed when this transaction was made or entered into. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 54 requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. LOBBYING RESTRICTIONS 31 U.S.C. § 1352 2 C.F.R. § 200.450 2 C.F.R. part 200 appendix II (J) 49 C.F.R. part 20 The contractor certifies, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3.The contractor shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The lobbying restrictions certification within the FSA CPP procurement package is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 55 PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES 49 U.S.C. 5323(m) 49 C.F.R. part 663 The Contractor agrees to comply with 49 U.S.C. § 5323(m) and implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 C.F.R. part 663. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 49 U.S.C. § 5323(l) (1) 31 U.S.C. §§ 3801-3812 18 U.S.C. § 1001 49 C.F.R. part 31 The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION 2 C.F.R. § 200.339 2 C.F.R. part 200, Appendix II (B) The AGENCY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the AGENCY’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to AGENCY to be paid the Contractor. If the Contractor has any property in its possession belonging to AGENCY, the Contractor will account for the same, and dispose of it in the manner AGENCY directs. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the AGENCY may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the AGENCY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the AGENCY, after setting up a new delivery of performance schedule, may allow the FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 56 Contractor to continue work, or treat the termination as a Termination for Convenience. Opportunity to Cure (General Provision) The AGENCY, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate Conditions. If Contractor fails to remedy to AGENCY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from AGENCY setting forth the nature of said breach or default, AGENCY shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude AGENCY from also pursuing all available remedies against Contractor and its sureties for said breach or default. Waiver of Remedies for any Breach In the event that AGENCY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by AGENCY shall not limit AGENCY’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the AGENCY may terminate this contract for default. The AGENCY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of AGENCY goods, the Contractor shall, upon direction of the AGENCY, protect and preserve the goods until surrendered to the AGENCY or its agent. The Contractor and AGENCY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the AGENCY. VIOLATION AND BREACH OF CONTRACT 2 C.F.R. § 200.326 2 C.F.R. part 200, Appendix II (A) Applicability to Contracts All contracts in excess of the Simplified Acquisition Threshold (currently set at $150,000) shall contain administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. The Violations and Breach of Contracts clause flow down to all third party contractors and their contracts at every tier. Inasmuch as the Contractor can be adequately compensated by money damages for any breach of this Contract, which may be committed by the AGENCY, the Contractor expressly agrees that no default, act or omission of the AGENCY shall constitute a material breach of this Contract, entitling Contractor to cancel or rescind the Contract (unless the AGENCY directs Contractor to do so) or to suspend or abandon performance. Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the AGENCY will have all remedies in law and equity, including the right to specific performance, without further assistance, and the rights to termination or suspension as provided herein. The Contractor recognizes that in the event of a breach of this Agreement by the Contractor before the AGENCY takes action contemplated herein, the AGENCY will provide the Contractor with sixty (60) days written notice that the AGENCY considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respond and to take necessary corrective action. Should FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 57 either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the AGENCY and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the AGENCY is located. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the AGENCY or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - BOAT: Aquatic Weed Cutter Workboat Make: Weedoo Model TC-3012 Make: Weedoo Model: Aqua Harvester TC-3001 Make: Weedoo Model: TC 6450 Amphi-King Make: Alamo Industrial (CONVER) Model: C485 Make: Alamo Industrial (CONVER) Model: C550 FSA Item Specifications Description: 1. GENERAL DIMENSIONS a. Height- 8` b. Width-7` 3" c. Length- 15` d. Height from waterline- 48" e. Boat draft- 4" to 6" f. Weight - 2285 lbs 2. ENGINE a. 3 cylinder diesel engine b. Liquid cooled c. Electric start, and charging system 3. HYDRAULICS a. Triple pump design b. 27 GPM c. Eco friendly hydraulic fluid 4. PROPULSION a. Twin hydraulic outdrives b. Weed and mud design propellers 5. VESSEL HULL a. Fiberglass/ Kevlar design b. Deck mounted cutter and loader 6. BOOM CUTTER a. Hydraulic drive b. Full articulation to cut 5` below waterline 7. FRONT END LOADER a. Marine type vegetation bucket 8. OPERATOR STATION a. All hydraulic functions/propulsion functions controls 9. TRAILER Trailer to be designed specifically for this workboat and will meet all federal, state, and local laws for a trailer operated on the highway. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - BULLDOZER: 70HP Bulldozer Tractor with Canopy, Standard - Wide Track Make: Caterpillar Model: D1 Make: John Deere Model: 450K FSA Item Specifications Description: 1. ENGINE: a. Minimum 4 cylinder 70 Net HP 2. TRANSMISSION: a. Hydrostatic, infinitely variable speed. b. Constantly variable 3. UNDERCARRIAGE: a. Minimum 5 rollers b. Standard grouser minimum of 16" c. Top roller, each side 4. DOZER: a. Minimum 96" wide b. Minimum 32" high c. Minimum 1.88 cyd blade capacity d. Power, angle, tilt (PAT) type blade FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - BULLDOZER: 90HP Bulldozer Tractor with Canopy, Standard - Wide Track Make: Caterpillar Model: D2 FSA Item Specifications Description: 1. ENGINE: Minimum 4-cylinder 90 Net HP. 2. TRANSMISSION: Hydrostatic, infinitely variable speed; Constantly variable. 3. UNDERCARRIAGE: Minimum 6 rollers; Standard grouser minimum of 18"; Top roller, each side. 4. DOZER: Minimum 104" wide; Minimum 36" high; Minimum 2.5 CU YD blade capacity; Power, angle, tilt (PAT) type blade. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - BULLDOZER: 180HP Bulldozer Tractor with Canopy Make: Caterpillar Model: D6 Make: John Deere Model: 850L Make: Komatsu Model: D65EX-18 FSA Item Specifications Description: 1. ENGINE: Minimum 6 cylinder 180 H.P. diesel engine. 2. TRANSMISSION: Power shift or hydrostatic drive; Power shift to have 3 forward and reverse gear ranges minimum; Hydrostatic drive to be variable. 3. UNDERCARRIAGE: 7 rollers each side minimum; Top roller each side minimum; Manufacturers standard length track; Manufacturers standard track width; 24" grouser width. 4. DOZER BLADE: 128" wide; 48" high; 2.5 cubic yard blade capacity; PAT type blade, power angle and tilt, hydraulically controlled. 5. OPERATING WEIGHT: Minimum Operating Weight - 43,000 lbs. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - BULLDOZER: 90HP Bulldozer Tractor with Canopy Make: John Deere Model: 550K Make: Komatsu Model: D39EX-24 FSA Item Specifications Description: 1. ENGINE: Minimum 4-cylinder 90 Net HP. 2. TRANSMISSION: Hydrostatic, infinitely variable speed; Constantly variable. 3. UNDERCARRIAGE: Minimum 6 rollers; Standard grouser minimum of 18"; Top roller, each side. 4. DOZER: Minimum 104" wide; Minimum 36" high; Minimum 2.5 CU YD blade capacity; Power, angle, tilt (PAT) type blade. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - CHIPPER: Brush Chipper - Trailer Mounted Make: Bandit Model: 15XPC Make: Dura Tech Model: TC-15 Make: Vermeer Model: BC1500XL FSA Item Specifications Description: 1. DIMENSIONS: Weight - 6800 lbs; Width - 72"; Height - 100"; Length - 176"; 15" chipping capacity. 2. ENGINE: 122 hp diesel engine; Over center type clutch; Heavy duty air cleaner; Spin on type filters. CHASSIS: Main frame constructed of rectangular tubing or "z" section; 7000 lb. axle torsion type; Electric brakes with breakaway switch; ST 235/80R16 tires load range E; Steel wheels; Drop leg jack; 2 1/2" diameter lunette or 2 5/16" ball hitch; Adjustable height hitch; Safety chains; 6-way light connector; All wiring in conduit to lights; Four function rear lights. 3. FEED SYSTEM: Infeed throat opening - 20" x 15"; Serrated infeed rollers; Feed rollers hydraulically driven; Feed table height - 27"; Feed table length - 30"; Safety control bar a round infeed opening for emergency stop. 4. CHIPPER DRUM OR DISC: Drum type: Size - 22" diameter x 22" width; 2 knife pockets 180 degrees apart; Dual edge reversible knives; Extreme duty bearings; Adjustable bedknife (reversible); Disc type: 37" x 2" diameter disc; 4 knives reversible. 5. CHIPPER HOUSING: Easy access door for knife changes; Drop down door for anvil adjustment or clean out; Chipper housing to be constructed for maximum safety and operator protection. 6. DISCHARGE CHUTE: Rotation of 360 degrees; Adjustable chip deflector; Locking pin for chute rotation. MISCELLANEOUS: 26 gallon fuel tank; Engine shutdown system; Locking tool box; Vandalism protection. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - COMPACTOR: 80,000 LB Landfill Compactor Make: Al-Jon Model: Advantage Make: Bomag Model: BC772RB-4 Make: Caterpillar Model: 826 Make: Tana Model: E380 Make: Volvo Model: LC450H FSA Item Specifications Description: 1. WEIGHT: Minimum operating weight - 80,000 lbs. 2. ENGINE: Turbocharged diesel engine 400 hp minimum; Spin on type filters. 3. TRANSMISSION/HYDRAULIC SYSTEM: Mechanical or hydrostatic drive will be acceptable; 2 speeds forward and 2 speeds reverse, minimum; Spin on type hydraulic filters. 4. OPERATING STATION: Enclosed, sound suppressed cab; Air filtration system; Air conditioned, heater and defroster; Gauges and engine monitoring shutdown system; Adjustable suspension seat; Outside mirrors; Work lights; Windshield wipers and washer. 5. ELECTRICAL SYSTEM: 24-volt. WHEELS: Compaction wheels - 48" width minimum; Wheel diameter - 58" width minimum; Chevron chopper blades, weld-on or pin-on teeth type wheels acceptable; Anti-wire wrapping device, if applicable; Cleaner bars, if applicable. 6. BLADE: Straight or U type trash blade acceptable; 14` blade minimum; 6` blade height minimum; Full width trash screen on top of blade; Bolt on cutting edges. 7. MISCELLANEOUS: Fully shielded engine compartment; Removable belly pan; Landfill shielding package, if applicable. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - COMPRESSOR: Air Compressor - Trailer Mounted Make: Atlas Copco Model: XAS 188 T4F Make: Doosan Model: P185WDO-T4F Make: MULTIQUIP Model: DIS185SSI4F Make: Sullair Model: 185 T4F Make: Sullivan Palatek Model: D185PDZ FSA Item Specifications Description: 1. APPROXIMATE DIMENSIONS: Weight: 1950 lbs.; Length: 79 Inches; Width: 40 Inches; Height: 47 Inches. 2. ENGINE: 49 hp Tier 4 Engine; 12 Volt electrical system; Engine protection system; Gauge package. 3. COMPRESSOR: 185 cfm @ 100 psi; Rotary or reciprocating style compressor; 2 service valves. 4. TRAILER: 3700 GVW axle rating; Manufacturer Rated Tires; Fold up tongue jack. 5. ENCLOSURE: Fixed weather enclosure over entire engine/compressor; 2 Full size tool boxes. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - DUMP TRUCK: Articulating Off Road Dump Truck - 50,000 LB Payload Make: Bell Model: B25E Make: Caterpillar Model: 725 Make: Doosan Model: DA30-5 Make: Komatsu Model: HM300-5 Make: John Deere Model: 260E Make: Volvo Model: A25G FSA Item Specifications Description: 1. WEIGHT: a. Minimum operating weight - 40,000 lbs. b. Minimum gross weight (with payload) - 91,000 lbs. 2. ENGINE: a. Turbocharged diesel engine, 265 hp, 549 cubic inch minimum. b. Spin on type filters. c. Two stage air cleaner. 3. TRANSMISSION: a. 6 speeds forward, 1 speed reverse. b. Top speed of 31 mph c. Hydraulic retarder 4. BRAKES: a. Disc type service brakes. b. Disc type parking brake. 5. AXLES & DIFFERENTIALS: a. Differential locks b. Planetary gear reduction final drives. c. Inter axle differential lock. 6. TIRES: a. Tubeless, radial off road hauler tires. b. 23.5 R 25 tire size 7. STEERING: a. 45 degree left or right articulation angle. b. Secondary electric steering system for emergency steering. c. Double acting steering cylinders. 8. OPERATING STATION: a. Cab to be pressurized, heated, air conditioned and filtered. b. Built in ROPS/FOPS protection. c. Suspension type operators seat with seat belt. d. Cab instrumentation or engine monitoring system with audible alarms. e. Tinted glass windows. f. Sun visor g. Front and rear intermittent windshield wipers. h. Work lights, headlights, stop, tail and turn signal lights. i. Left and right mirrors. 9. BODY: a. Dump body tipping angle 70 degrees. b. Mud flaps c. Two single stage double acting body hoist cylinders. d. 18 yd. heaped capacity e. Body rise time maximum 12 seconds. 10. MISCELLANEOUS: 95 gallon fuel tank minimum. b. Guard or shielding package. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - EXCAVATOR: Telescopic Excavator - 45,000 LB Operating Weight - Track Make: Gradall Model: 4200 FSA Item Specifications Description: 1. WEIGHT: a. Minimum operating weight 45,000 lbs. 2. ENGINE: a. 4 cylinder turbocharged diesel, 170 HP at 2200 RPM b. Spin on type filters c. Two stage air cleaner d. 12 volt 100 AMP alternator e. 90 gallon fuel capacity 3. TRACK DRIVE: a. Two speed, automatic with manual override b. High torque piston motors each track c. Planetary drives d. Travel speed high 3.4 MPH, Low 1.9 MPH e. Automatic parking brake f. Individual track control 4. TRACKS: a. 23.6 pad size 5. OPERATOR`S STATION: a. Acoustical lined b. Adjustable seat c. Tinted safety glass d. Filtered fresh air e. Heater, air conditioned, and defroster f. Wipers and washers g. Skylight h. Work lights 6. OPERATOR`S STATION CONTROLS: a. Electric engine monitoring system b. Auto idle c. Electronic joysticks on adjustable pedestals d. Pedals for travel and steering e. Low/high travel switch f. Engine speed control 7. SAFETY ITEMS: a. Electric horn b. Movement alarm c. Fire extinguisher d. Mirrors, right and left side 8. HYDRAULIC SYSTEM: a. Hydraulic oil cooler b. 120 HP track drive motors (each) c. 64 HP swing motor d. Electronic hydraulic system monitor e. Spin on hydraulic filters f. Swing speed 7.0 RPM g. Automatic swing brake 9. BOOM: a. Telescopic boom b. 180 degree boom rotation c. 30` reach at ground level from center pivot to buck cutting edge 10. BUCKET: a. 60" ditching bucket provided with machine b. Quick attach type1. WEIGHT: a. Minimum operating weight 47,000 lbs. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - EXCAVATOR: Telescopic Excavator - 47,000 LB Operating Weight - 6X6 Wheel Make: Gradall Model: XL4100 FSA Item Specifications Description: 1. WEIGHT: a. Minimum operating weight 47,000 lbs. 2. CARRIER: Carrier Engine: 1. 6 cylinder turbocharged diesel 250 hp at 2200 rpm 2. Spin on type filters 3. Two stage air cleaner 4. 24 volt 70 amp alternator a. Carrier Transmission & Clutch: 1. 6 speed automatic transmission b. Carrier Transfer Case: 1. 1 to 1 transfer case 2. Front axle disconnect c. Carrier Cab: 1. One person cab 2. Air ride seat 3. Heater, air condition, and defroster 4. 2 speed windshield wipers 5. Tinted glass 6. Isolated and acoustic lined 7. Gauges to monitor engine functions d. Frame: 1. Sized for GVW and stress of mounted upper structure 2. Bolt on front bumper 3. Desiccant type, spin on type, air dryer 4. Fuel tank 50 gallon minimum e. Safety: 1. Electric horn 2. West coast mirrors with convex spot mirrors 3. Tow hooks 4. Fire extinguisher 5. Backup alarm f. Front Axle: 1. 16,000 front drive axle 2. Leaf spring suspension 3. 16.5x5 "S" cam brakes 4. Automatic slack adjuster 5. Integral power steering 6. Hydraulic axle lockouts 7. 425/65R22.5 on/off road tires g. Rear Axle: 1. Tandem axles 40,000 lb. rated 2. Hendrickson rear suspension 3. 16.5x7 "S" cam brakes 4. Automatic slack adjusters 5. 11R 24.5 traction type tires h. 3. UPPER STRUCTURE: Hydraulic System: 1. 80 HP drive motor 2. 44 HP swing motor a. 3. Automatic swing park brake 4. 50 gallon oil reservoir 5. Spin on hydraulic filters 6. Swing speed 8 RPM Hydraulic Remote Control: 1. Travel and steering controls in upper structure cab 2. Automatic brakes and axle lockouts 3. Movement alarm b. Upper Structure Cab: 1. Isolated and acoustic lined 2. Tinted safety glass 3. Adjustable operators seat 4. Heater, air condition, and defroster 5. Work lights 6. Wipers and washers 7. Mirrors on left and right 8. Skylight c. Upper Structure Control: 1. Electronic joysticks on adjustable pedestals 2. Engine monitoring lights or gauge with audible warning or automatic shutdown 3. Pedals for steering and travel 4. Low/high travel switch 5. Electric horn 6. Engine speed control d. Bucket: 1. Quick attach type 2. 60" ditching bucket provided with machine e. Boom: 1. Telescopic boom 2. 180 degree boom rotation 3. 30` reach at round level from upper structure pivot to bucket cutting edge. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - EXCAVATOR: Wheeled Hydraulic Excavator - 42,000 LB Operating Weight Make: Caterpillar Model: M318 Make: Doosan Model: DX210WE-5 Make: Hitachi Model: ZX19W-5 Make: Hyundai Model: HW180 Make: John Deere Model: 190 GW Make: Volvo Model: EW180E FSA Item Specifications Description: 1. WEIGHT: a. Minimum operating weight - 42,000 lbs. 2. ENGINE: a. Turbocharged diesel engine 140 hp b. Spin on type filters c. Two stage air cleaner 3. TRAVEL SYSTEM: a. Travel speed of 21 mph 4. HYDRAULIC SYSTEM: a. Standard auxiliary hydraulic valve. b. Hydraulic system flow 99 gpm minimum. 5. WHEEL DRIVE: a. Wheelbase 8` minimum b. Tire size 10:00x20 c. Ground clearance 13" minimum d. Gradeability 61 percent 6. OPERATING STATION: a. Cab to be air conditioned, heated, and pressurized filtration system. b. Intermittent windshield wipers. c. Opening front windshield. d. Vibration dampening cab mounts. e. Adjustable suspension type operator seat with safety belt. f. Tinted safety glass. g. Engine monitoring system with audible alarms. h. Work lights. i. Tail, stop, turn, and emergency flashers. 7. STICK, BOOM, BUCKET: a. Boom and stick combination to allow minimum reach at ground level of 30` minimum. b. Bucket to be a general purpose bucket, appropriately sized for machine and included. 8. SWING SYSTEM: a. Swing radius 7 ft. approximate. b. Swing speed 9.5 rpm minimum. 9. MISCELLANEOUS: a. Fuel capacity of 77 gallons minimum. 10. BLADE/OUTRIGGERS: a. Front blade with 8` minimum b. Rear outriggers FLO FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - EXCAVATOR: All Terrain Walking Excavator Make: Kaiser Model: S8 Make: Menzi Model: Muck FSA Item Specifications Description: 1. WEIGHT: 15,873 lbs. 2x4; 17,196 lbs. 4x4 Option. 2. ENGINE/CAB: Diesel engine, minimum 95 net horsepower; Roll over enclosed cab air conditioned and heated; Hinged quick release side window for emergency exit (operational at all boom positions); Hinged front window opening outward for safety (not inward reducing operator head room); Gauges or warning indicators for fuel level, engine oil, hydraulic oil and coolant; Mirrors; Air suspension operators` seat; Full size cab (width of machine). 3. TRAVEL SYSTEM: Minimum high-speed travel - 5 mph; Minimum grade-ability 70%; Four tires. 4. HYDRAULIC SYSTEM: Digging depth - 15`4"; Auxiliary hydraulic circuit and controls plumbed to the end of stick with disconnect to allow the use of hydro-mechanical work tools; Hydraulic swing system; Stabilizers to be individually controlled in the vertical and horizontal positions. 5. ELECTRICAL SYSTEM: Work lights. 6. BUCKET: 4` wide grading bucket. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - EXCAVATOR: Hydraulic Excavator - 15,590 LB Operating Weight Make: Bobcat Model: E85R Make: Bobcat Model: Excavator E145 Make: Caterpillar Model: 308 Make: Doosan Model: DX85R-3 Make: Hitachi Model: ZX75US-5 Make: Hyundai Model: R80CR-9A Make: John Deere Model: 75G Make: Kobelco Model: SK-75SR-3E Make: Komatsu Model: PC88MR-10 Make: Kubota Model: KX080-4S Make: Link-Belt Model: 75X3 Make: Takeuchi Model: TB290 Make: Volvo Model: ECR88D FSA Item Specifications Description: 1. WEIGHT: Minimum operating weight 15,590 lb. ENGINE: Diesel engine, 53 horsepower; Fuel capacity 26 gallons. 2. TRAVEL SYSTEM: Minimum high-speed travel of 3.0 mph. 3. UNDERCARRIAGE: Overall track length 9`1"; Overall track width 11` minimum 7`6"; Shoe width 17.7" minimum. 4. OPERATING STATION: ROPS Cab to be air conditioned, heated and pressurized filtration system; Opening front windshield; Adjustable suspension type seat with safety belt; Tinted safety glass; Engine monitoring system with audible alarms; Work lights. 5. STICK, BOOM, BUCKET: Boom and stick combination to allow minimum reach at ground level of 20`11"; Bucket to be general purpose bucket, appropriately sized for machine and included. SWING SYSTEM: Swing radius 5` approximate; Swing speed 9.0 RMP. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - EXCAVATOR: Hydraulic Excavator - 38,000 LB Operating Weight Make: Caterpillar Model: 316F Make: Doosan Model: DX180LC-5 Make: Hitachi Model: ZX160LC-6 Make: Hyundai Model: HX160L Make: John Deere Model: 160GLC Make: Kobelco Model: SK170LC Make: Komatsu Model: PC170LC-11 Make: Link-Belt Model: 160X4 Make: Volvo Model: EC160E FSA Item Specifications Description: 1. WEIGHT: Minimum operating weight - 38,000 lbs. ENGINE: Turbocharged diesel engine 113 hp. 2. TRAVEL SYSTEM: Travel speed of 3.2 mph. 3. HYDRAULIC SYSTEM: Standard auxiliary hydraulic valve; Main hydraulic system flow 72 GPM minimum. 4. UNDERCARRIAGE: Overall track length 12` 10" minimum; Overall track width 8`5" minimum; Shoe width 24". 5. OPERATING STATION: ROPS Cab to be air conditioned, heated and pressurized filtration system; Intermittent windshield wipers; Opening front windshield; Adjustable suspension type operator seat with safety belt; Work lights. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - EXCAVATOR: Hydraulic Excavator - 76,550 LB Operating Weight Make: Caterpillar Model: 336 Make: Doosan Model: DX350LC-5K Make: Hyundai Model: HX330L Make: John Deere Model: 350GLC Make: Komatsu Model: PC360LC-11 Make: Kobelco Model: SK350LC Make: Link-Belt Model: 350X4 Make: Volvo Model: EC350 E FSA Item Specifications Description: 1. WEIGHT: Minimum operating weight - 76,550. 2. ENGINE: Turbocharged diesel engine 257 HP; Fuel capacity 145 gallons. TRAVEL SYSTEM: Travel speed of 2.9 mph. 3. HYDRAULIC SYSTEM: Standard auxiliary hydraulic valve; Main hydraulic system flow 144 GPM minimum. 4. UNDERCARRIAGE: Overall track length 16`2"; Overall track width 10`6"; Shoe width 24". 5. OPERATING STATION: ROPS Cab to be air conditioned, heated and pressurized filtration system; Intermittent windshield wipers; Opening front windshield; Adjustable suspension type operator seat with safety belt; Tinted safety glass; Engine monitoring system with audible alarm; Work lights. 6. STICK, BOOM, BUCKET: Boom and stick combination to allow minimum reach at ground level of 35`6"; Bucket to be a general-purpose bucket, appropriately sized for machine and included. SWING SYSTEM: Swing radius 12; Swing speed 9.2 RPM. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - EXCAVATOR: Mini Hydraulic Excavator - 7,105 LB Operating Weight Make: Bobcat Model: E32 R Make: Caterpillar Model: 303E CR Make: Doosan Model: DX35-5 Make: Hitachi Model: ZX35-U-5 Make: Hyundai Model: R35Z-9A Make: John Deere Model: 35G Make: Kobelco Model: SK35SR Make: Komatsu Model: PC35MR-5 Make: Kubota Model: U35-4 Make: Takeuchi Model: TB240 Make: Volvo Model: EC 35 D Make: Yanmar Model: Vi035-6A FSA Item Specifications Description: 1. WEIGHT: 7,105 minimum weight. 2. ENGINE/CAB: Diesel engine, minimum 23 HP; ROPS canopy; Gauges or warning indicators for fuel level, engine oil, hydraulic oil and coolant. 3. TRAVEL SYSTEM: Minimum high-speed travel 2.3 MPH; Minimum gradeability, 20 degrees; 11" wide rubber belt tracks. 4. HYDRAULIC SYSTEM: Digging depth 9` minimum; Auxiliary hydraulic circuit and controls plummed to the end of stick with disconnect to allow the use of hydro-mechanical work tools; Backfill blade; Hydraulic swing system. 5. ELECTRICAL SYSTEM: Work lights. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - EXCAVATOR: Trailer Mounted Vacuum Excavator, 14,000 LB GVWR Make: RamVac Model: Vacuum Excavator Make: Vac-Con Model: Mudslinger Make: Ver Make: X-Vac Model: X800meer Model: LP873SDT FSA Item Specifications Description: 1. WEIGHT: 14,000 lb. GVWR. 2. ENGINE: 36 hp diesel engine; Water cooled; Fully enclosed sound attenuated engine enclosure (including vacuum pump and high-pressure water pump); 15 gallon fuel tank. 3. VACUUM PUMP: 580 CFM at 15 inches of mercury; Mounted inside engine enclosure; Washable filtration cylinders; Reverse pressure (to clear hose and offload liquids). 4. HIGH PRESSURE WATER SYSTEM: 400 PSI at 4 GPM water pump; Low water automatic shutdown; Two 100 gallon poly water tanks; 50` high pressure water hose on hose reel; 5` and 3` wand and control handle. CONTROLS: Lockable and waterproof; Curbside located; Oil pressure, water temperature, fuel and vacuum gauge; Electronic throttle. 5. TANK: Full open rear door; Door hydraulically opened; Twin dump cylinders; 6" stainless steel portal shutoff; 800-gallon debris tank capacity. BOOM: 4" pickup hose; Hydraulically powered in/out and up/down; Boom cradle; 360-degree movement; 2 dielectric 3" suction wands; 33` rubber suction hose. 6. TRAILER: 7,000 lb. dexter torsion axles; 14,000 lb. GVWR; 10,000 lb. jack stand; I beam construction; Pintle hitch; Electric brakes with safety breakaway; LT235/85R16 tires; Stop/tail/turn lights FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - GENERATOR: 125kW Generator Package Make: AKSA Model: ULJ-125 Make: Blue Star Power Systems Model: JD125-02 Make: Caterpillar Model: D125-8 Make: Generac Model: SD130 Make: Gillette Generators Model: SPJD-1250 Make: LJP Model: ULJ125 Make: Tradewinds Model: T125 FSA Item Specifications Description: 1. GENERATOR REQUIREMENTS: Standby duty rated at 125.0 kW, 156.3 KVA, 8 power factor; 480 volts; 3 phase, 60 hertz, 1800 rpm; Directly connected to the engine flywheel housing with flex coupling; Generator shall meet performance class G3 of IEC; Unit shall be in compliance with and be UL 2200 labeled. 2. ENGINE: Water cooled diesel engine, sized for generator set; Emission compliant engine. 3. CONTROLS: Solid state, microprocessor-based generator controls; Controls shall provide all operating, monitoring and control functions for generator set. 4. ENCLOSURE/SILENCER: Complete diesel engine generator set including control panel, engine starting batteries and fuel oil tank shall be enclosed in a factory assembled water protective, sound attenuated enclosure; Critical grade silencer; Companion flanges; Flexible stainless-steel exhaust. FUEL TANK: Double wall sub-base tank integral to enclosure; 24-hour capacity at 100% at full load; Rupture basin with 110% capacity; Locking fuel caps; Mechanical fuel level gauge; Low fuel level alarm contact; Fuel tank rupture alarm contact; Must meet UL 142 and FDEP standards. 5. BATTERY CHARGER: Current limiting battery charger to automatically charge batteries; Charger shall be dual charge rate with automatic switching to boost rate when required; Charger shall be mounted on genset package. 6. STARTUP AND TESTING: Vendor must coordinate all startup and testing activities with the engineer and owner. After installation is completed by others and normal power is available, the vendor must perform a one (1) day startup including the use of building load; The startup technician will instruct all necessary personnel how to operate and maintain the equipment in accordance to the manufacturer`s requirements. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - GENERATOR: 125kW Generator Package (Continued from previous page) 7. CONDITIONS: In addition to equipment specified, each generator shall be equipped with all standard equipment as specified by the manufacture for this model and shall include but not be limited to the following necessary items: Initial filling of oil and antifreeze (fuel provided by others); Shrink wrap applied to the product to ensure a clean finish; During the startup, the technician shall record the following information and provide to the owner for his records: Record Operating Voltage, Hz, Ph, and connected load (Amperage); Package information consisting of make of generator (Cat, Wacker, or Tradewinds), model (TJ125 TP20, DP125, etc.), Serial number of complete package, and startup date; Record engine and generator serial numbers; One complete set of operation and maintenance manuals; Two (2) year or 1500-hour standard standby generator warranty; Labor, materials, and travel for the warranty period repair will be paid by manufacturer during normal business hours. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - GENERATOR: 150kW Mobile Generator Package Make: Atlas Copco Model: QAS 250 Make: Blue Star Power Systems Model: VD150-02FT4MP Make: Doosan Model: G190 WCU-34-T4F Make: Generac/Magnum Model: MDG175DF4 Make: LJP Model: AT150 Make: MULTIQUIP Model: DCA180SSJU4F3 Make: TechnoGen Model: FP200TSX Make: Tradewinds Model: T150 Make: Wacker Neuson Model: G180 FSA Item Specifications Description: 1. GENERATOR REQUIREMENTS: Standby duty rated at 150kwe, 187kva, 8 power factor; Prime power duty rating 135kwe, 168kva, 0.8 power factor; Main Breaker shall be equipped with shunt trip; Generator end shall be Direct coupled to the engine flywheel with a flexible coupling; Generator shall meet performance class G3 of IEC; Jacket water heater. 2. ENGINE: 6-cylinder, water cooled, 1800rpm, diesel engine; Current emission compliant diesel engine; Spin on fuel and oil filters. 3. VOLTAGE CHANGE OVER SWITCH & DISTRIBUTION: Manual 3 position voltage change over switch to select each voltage as specified when the unit is not running. b. 1ph 120/240, 3ph 120/240, 3ph 120/208, and 3ph 277/480; A five-point connection shall be provided for ease of connection of load leads; One 50amp, 120/240vac, 1 ph, twist lock receptacle; One 30amp, 120/240vac, 1 ph, RV type receptacle; Two 20amp, 120/240vac, 1 ph, duplex receptacle; Two 20amp, 120/240vac, 1ph, duplex GFI receptacle; Each receptacle shall be protected by a individual circuit breaker; A receptacle shall be provided to power both the jacket water heater and on-board battery charger; Two thumb screw type connection points shall be provided for remote auto start. 4. CONTROLS: Solid state, microprocessor-based generator controls; Controls shall provide all operating, monitoring and control functions for the generator set. Controls shall provide for auto start/stop functions; A emergency stop push button will be installed; A voltage adjustment shall be provided in the panel to adjust voltage in all voltage positions; A switch shall be provided in the panel to turn all power off in the panel if not being used. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - GENERATOR: 150kW Mobile Generator Package (Continued from Previous page) 5. ENCLOSURE: Complete diesel engine generator set including control panel, engine starting batteries and fuel tank shall be enclosed in a factory assembled weather protective, sound attenuated enclosure; The sound attenuated enclosure noise level is not to exceed 73 - 75dba @ 21 feet; Oil and water drain lines shall be provided and extend to the enclosure wall with valves for easy service; Critical grade silencer; Companion flanges; Flexible exhaust-flex; Keyed alike lockable doors. IN BASE FUEL TANK TRAILER: Trailer shall be DOT approved with proper serial number data plate indicating weight capacity minimum of 10,000 lbs; Trailer will have dual axles with torque springs to reduce overall height of package; Standard 7 or 5 pin vehicle hitch receiver to be supplied; Trailer will have two rear level jacks with sand shoes and front leveling jack; Trailer will have hydraulic brakes; Trailer will have all necessary safety equipment to include but not be limited to an adjustable and removable pintle hitch, 30-inch safety chains, fenders, lights per DOT, and break away cable; Tires will be minimum load range type "D" (8 ply rating) with matching steel rims. Rims are to be finish painted; Minimum 8-hour capacity at 75% load rating to determine single wall tank size; A mechanical fuel gauge will be provided; Locking fuel cap; Low fuel level alarm; All necessary vents and caps will be provided along with suction, return, and drain points. 6. BATTERY CHARGER: Battery will be installed in holding container with battery cables; Current limiting battery charger to automatically charge batterie; Charger shall be dual charge rate with automatic switching to boost rate when required; Charger mounted inside generator set package; Fully charged battery will be provided at time of delivery and startup. 7. STARTUP & COMMISSIONING: One (1) day startup including operational test of equipment showing proper connection of cables with safety issues performed by a factory trained technician; The startup technician will instruct personnel how to operate and maintain the equipment in accordance with the manufacturer`s requirements. 8. CONDITIONS: In addition to equipment specified, each generator shall be equipped with all standard equipment as specified by the manufacturer for this model and shall include but not be limited to the following items: All product shall be new and of current design; Initial filling of oil and antifreeze (diesel fuel by others); During startup, the technician shall record the following information and provide to owner for his records: Operating Voltage, Hertz, Phase, and connected load (Amperage) [if any]; Package information consisting of Make of generator; Model; Serial number of complete package, and startup date; Written Information consisting of make, model, serial number, and startup date; Record Engine and Generator Serial numbers; One complete set of operation and maintenance manuals; Two (2) year or 1500-hour standard mobile generator warranty will apply. Generator to be transported to authorized servicing dealer for warranty repair during normal business hours; 9. TRAILER: The trailer must have a VIN and a certificate of origin. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - GENERATOR: 500kW Generator Package Make: AKSA Model: APD-ULJ500 Make: Blue Star Generator Model: VD500-01 Make: Caterpillar Model: 15 ACERT Make: Generac Model: SD500 Make: Gillette Generators Model: SPVD-5000 Make: LJP Model: ULJ500 Make: Tradewinds Model: T500 FSA Item Specifications Description: 1. GENERATOR REQUIREMENTS: Standby duty rated at 500kwe, 625kva, 0.8 power factor; 480 volts; Voltage options are: 120/240, 120/208 or 277/480 3ph; Directly connected to the engine flywheel housing with a flex coupling; Generator shall meet performance class G3 of IEC; Unit shall be compliance with UL 2200 specifications. 2. ENGINE: 6-cylinder, water cooled, 1800rpm, diesel engine; Emission compliant engine to stationary standby regulations. CONTROLS: Solid state, microprocessor-based generator controls; Controls shall provide all operating, monitoring and control functions for the generator set; Control panel is NFPA110 Compliant. 3. ENCLOSURE/SILENCER: Complete diesel engine generator set including control panel, engine starting batteries and fuel oil tank shall be enclosed in a factory assembled weather protective, sound attenuated enclosure with oil and water drain lines; Enclosure shall be constructed from aluminum, preferably out of .125 thickness and 5058 marine grade aluminum; Critical grade silencer (25DB Reduction); Companion flanges; Flexible stainless-steel exhausts flex. 4. FUEL TANKS: Double wall sub-base diesel fuel tank shall be integral to the enclosure; 24-hour capacity at 75% load rating; Rupture basin will be of 110% capacity; Locking fuel caps; All necessary vents and caps will be provided; Mechanical fuel level gauge; Low fuel level alarm contact; Fuel tank rupture basin alarm contact; Must meet UL 142 and FDEP standards. 5. BATTERY CHARGER: Current limiting battery charger to automatically charge batteries; Charger shall be dual charge rate with automatic switching to boost rate when required; Charger shall be mounted on genset package. 6. DELIVERY: Net cost includes delivery of equipment to governmental site location; Coordination and offloading of the equipment at the governmental site location will be the responsibility of the purchasing agency. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - GENERATOR: 500kW Generator Package (Continued from previous page) 7. STARTUP AND COMMISSIONING: Vendor must coordinate all startup and testing activities with the engineer and owner; After installation has been completed, approved by the local electrical inspector, and normal power is available, the vendor will perform a one (1) day startup including the use of building load; The startup technician will instruct all necessary personnel how to operate and maintain the equipment in accordance to the manufacturer`s requirements. 8. CONDITIONS: In addition to equipment specified, each generator shall be equipped with all standard equipment as specified by the manufacture for this model and shall include but not be limited to the following necessary items: Initial filling of oil and antifreeze; Shrink Wrap applied to the product to ensure a clean finish; During the startup, the technician shall record the following information and provide to the owner for his records: Record Operating Voltage, Hz, Ph, and connected load (Amperage); Package Information consisting of Make, Model, Serial number, and Startup Date; Record Engine and Generator Serial numbers. One complete set of operation and maintenance manuals; Two (2) years or 1000 hours standard standby generator warranty, whichever occurs first; Labor, materials, and travel for the warranty period repair will be paid by manufacturer during normal business hours. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - GENERATOR: 500kW Mobile Generator Package Make: Atlas Copco Model: QAS 625 T4F Make: Blue Star Generator Model: VD500-02FT4MP Make: Caterpillar Model: XQ570 Make: Tradewinds Model: TM500 FSA Item Specifications Description: 1. GENERATOR REQUIREMENTS: Standby duty rated at 500kwe, 625kva, 0.8 power factor; Prime power duty rating 450kwe, 563kva, 0.8 power factor; Main Breaker shall be equipped with shunt trip; Generator end shall be Direct coupled to the engine flywheel with a flexible coupling; Generator shall meet performance class G3 of IEC. 2. ENGINE: 6-cylinder, water cooled, 1800rpm, diesel engine; Current emission compliant diesel engine ; Spin on fuel and oil filters; Jacket water heater with service valves to ensure coolant does not need to be drained if heater needs service; 120vac, 1ph, 60hz input 10 amp, 24vdc, output automatic battery charger; Standard 4D lead acid batteries with battery rack and cables. 3. VOLTAGE CHANGE OVER SWITCH AND DISTRIBUTION: Manual 2 position voltage change over switch to select each voltage as specified when the unit is not running 3ph 120/208, and 3ph 277/480`; Load leads shall be attached to the generator using two (2) forms and shall be rated for 2000 amps. Generator will be equipped with both; Five (5) compression lugs per phase rated for 400 amps each; A 20 amp, 120vac, 1ph, male receptacle shall be provided to power the jacket water heater; A 20 amp, 120vac, 1ph, male receptacle shall be provided to power the battery charger; Two thumb screw type connection points shall be provided for remote auto start. 4. CONTROLS: Solid state, microprocessor-based generator controls; Controls shall provide all operating, monitoring and control functions for the generator set. Controls shall provide for auto start/stop functions; An emergency stop push button will be installed; A voltage adjustment shall be provided in the panel to adjust voltage in all voltage positions; A switch shall be provided in the panel to turn all power off in the panel if not being used; A front face mounted circuit breaker shall be provided to protect the panel from any D.C. spikes. 5. ENCLOSURE: Complete diesel engine generator set including control panel, engine starting batteries and fuel tank shall be enclosed in a factory assembled weather protective, sound attenuated enclosure; The sound attenuated enclosure noise level is not to exceed 80 dba @ 21 feet; Enclosure shall be constructed from aluminum, preferably out of .125 thickness and 5058 marine grade aluminum; Oil and water drain lines shall be provided and extend to the enclosure FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - GENERATOR: 500kW Mobile Generator Package (Continued from previous page) 6. wall with brass ball valves for easy service; Critical grade silencer (25db reduction); Companion flanges; Flexible exhaust-flex; Keyed-alike lockable doors. 7. IN BASE FUEL TANK TRAILER: Trailer shall be DOT approved with proper serial number data plate indicating weight capacity minimum of 20,000 lbs.; Trailer will have dual axles with torque springs to reduce overall height of package; Standard 7 pin vehicle wiring connector to be supplied; Trailer will have two rear level jacks with sand shoes and front leveling jack; Trailer will have hydraulic brakes; Trailer will have all necessary safety equipment to include, but not be limited to, an adjustable and removable pintle hitch, 36-inch safety chains, fenders, lights per DOT, and break away cable; Tires will be minimum load range type "D" (8 ply rating) with matching steel rims; Rims are to be finish painted; Minimum 8-hour capacity at 75% load rating to determine single wall tank size; A mechanical fuel gauge will be provided; Locking fuel cap; Low fuel level alarm; All necessary vents and caps will be provided along with suction, return, and drain points. 8. BATTERY CHARGER: Battery will be installed in holding container with battery cables; Current limiting battery charger to automatically charge batteries; Charger shall be dual charge rate with automatic switching to boost rate when required; Charger mounted inside generator set package; Fully charged battery will be provided at time of delivery and startup; 120-volt shore power connector for battery charger. 9. STARTUP AND COMMISSIONING: One (1) day startup including operational test of equipment showing proper connection of cables with safety issues performed by a factory trained technician; The startup technician will instruct personnel how to operate and maintain the equipment in accordance with the manufacturer`s requirements. 10. CONDITIONS: In addition to equipment specified, each generator shall be equipped with all standard equipment as specified by the manufacturer for this model and shall include, but not be limited to, the following items: All product shall be new and of current design; Initial filling of oil and antifreeze (diesel fuel by others); During startup, the technician shall record the following information and provide to owner for his records: Operating Voltage, Hertz, Phase, and connected load (Amperage-if any);Written Information consisting of make, model, serial number, and startup date; Record Engine and Generator Serial numbers; One complete set of operation and maintenance manuals; Two (2) years or 1000 hours standard mobile generator warranty will apply, whichever occurs first; Generator to be transported to authorized servicing dealer for warranty repair during normal business hours. TRAILER: The trailer must have a VIN and a certificate of origin. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LIFT: Cushion Tire Lift - 4,000 LB Capacity Make: Caterpillar Model: 2CC4000 Make: Crown Model: CGC20SC-9 Make: Mitsubishi Model: FGC20CN Make: Toyota Model: 8FGCU20 FSA Item Specifications Description: 1. ENGINE: a. 50 hp LP gas engine 2. TRANSMISSION: a. Powershift type b. Inching pedal c. 1 speed forward, 1 speed reverse 3. HYDRAULIC SYSTEM: a. 19.0 gpm at 2250 psi 4. CHASSIS: a. Wheelbase - 46" b. Tread width - 33" (with standard tires) c. Ground clearance at lowest point - 3" Tire size: 1. Front - 18.0 x 7 x 12 cushion tire 2. Rear - 14.0 x 5 x 10 cushion tire d. e. Steering radius - 72" Brakes: 1. Hydraulic service brakes 2. Mechanical parking brake f. 5. LIFT: a. Two stage lift mast b. Lift height minimum - 130" c. Lift capacity - 4000 lbs. d. Fork spacing - 7" to 32" minimum e. Tilt - 5 degrees forward/10 degrees backward 6. MISCELLANEOUS: a. FOPS protection b. Work lights c. Seat belts FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LIFT: Scissor Lift - Self Propelled Make: Genie Model: GS-1932 Make: JLG Model: JLG ES1932 FSA Item Specifications Description: 1. DIMENSIONS (APPROXIMATE) a. 64" x 29" Platform b. 36" Extension Deck c. 25` Working Height (raised) d. 18` Platform Height (raised) e. Lift Capacity 500 lbs. 2. POWER: a. 24 Volt b. 4-6 Volt Batteries c. On Board Charging System d. Dual Front Wheel Drive 3. BRAKES: a. 2 or 4 wheel brakes 4. PLATFORM: a. Fixed rails b. 36" Extension Deck c. AC Power to platform d. Lanyard attachment points 5. SAFETY: a. Manual platform lowering b. Emergency Stop on Platform and Ground control c. Descent alarm d. Hour meter e. Horn f. Pothole guards g. On board diagnostic system h. Tilt lever sensor with alarm i. Scissor maintenance prop FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LIGHT TOWER: Light Tower - Trailer Mounted Make: Signal Power Model: HT444PC FSA Item Specifications Description: 1. DIMENSIONS (APPROXIMATE) a. Length 174" b. Width - Solar Panels Retracted 69" c. Height 72" d. Mast Deployed Height 30` e. Weight - 1850 pounds. 2. GENERATOR a. Perkins 403.F.11-10KW Tier 4 b. 2, 20A/120 v Receptacles c. Electric Start d. 12-30 Gallon Fuel Tank e. Auto Mode - Automatic Start for Low Battery f. Hybrid Systems Automatically Switches Between Solar Battery, Generator, or Standard Household Current 3. TRAILER a. Axle 2000 lbs. b. 13" Wheels c. Hitch 3 Position Adjustable Ball d. Stabilizers - 2 Extendable Outriggers; 1 Trailer Jack e. Top Mounted Fork Pockets and Single Lifting Eye f. Powder Coated DOT Rated Trailer with Lights g. Trailer Weight - 1850 pounds 4. MAST a. 30 ft. Extendable Mast in 3 Stages b. Wind Stability to 40 mph c. Rotates 90 Degrees 5. LIGHTS a. 4 Quick Connect 320 Watt each LED Lights b. Dimmer Control c. Instant On/Off d. 365 Day Programmable Timer for Lights, On/Off e. Lens Patter Spread of 150 Degrees f. Meets DOT Anti-Glare Regulations 6. SOLAR PANELS a. 5 - 100 Watt Panels b. Operating Temperature - 40c to 46c 7. BATTERIES a. 4 Deep Cycle Batteries b. Optional Lithium Cells c. 12 Volt, 220 AMP Hours FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LIGHT TOWER: Light Tower - Trailer Mounted Make: Atlas Copco Model: Hilight V4 Make: Doosan Model: LCV6WKUB-60hz-TY Make: Generac Model: MLT4060 Make: Wacker Neuson Model: LTV6K Make: Wanco Model: Standard diesel light tower FSA Item Specifications Description: 1. DIMENSIONS (APPROXIMATE): Length 170"; Width 51"; Height 74"; Mast Deployed Height 30`; Weight - 1610 pounds. 2. ENGINE: 3-Cylinder Diesel Engine; 12 HP at 1800 RPM; Engine Protection Shutdown System. 3. GENERATOR: Wattage output 7000-Watt max, 6000-Watt continuous; Brushless type; 120/240 Volts at 60 Hz /- 6% regulated. d. AMPS at 120/240V 50/25; Insulation class H. FUEL TANK: 30 Gallon Capacity; Run Time (approx.) 64 hours. 4. TRAILER: Axle 1800 lbs.; 13" tire size; Hitch 2" ball; Leaf Spring Suspension; Tongue Jack; 4 outrigger jacks. 5. CONTROL PANEL: Individual breakers for lights; Hour meter; Cabinet Lights; External receptacles: 1-30 AMP 120/240 Volt, twist lock, 1 GFC1, 15 AMP 120 Volt. MAST: 32ft. extendable mast; 4 each metal halide light heads; 440,000 lumens; 360-degree mast rotation; Fold down for transport; Winch for mast extension. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LOADER - Skid Steer - 3100 LB Operating Capacity, Tracked Only Make: Bobcat Model: T740 Make: Caterpillar Model: 279D3 Make: John Deere Model: 331G Make: Kubota Model: SVL 75-2 Make: Takeuchi Model: TL12V2 FSA Item Specifications Description: 1. ENGINE: Minimum 3-cylinder 74 HP Diesel; Spin on type filters; Dry type air filters. 2. TRANSMISSION: Hydrostatic drive; Forward, reverse, travel speed controlled by two hand levers. 3. OPERATOR ENVIRONMENT: OSHA approved ROPS canopy shall be integral; Front and rear work lights, hazard lights; Engine monitoring system or gauges, with audible alarm; Horn and backup alarm. 4. BRAKES: Parking brake; Hydrostatic braking. 5. BUCKET: Minimum 66" construction bucket; Bolt on, replaceable cutting edge for bucket; Operating capacity 3,100 lbs. minimum. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LOADER: 2,800 LB OC Skid Steer Loader - Wheel Only Make: Bobcat Model: S770 Make: Caterpillar Model: 272D3 Make: John Deere Model: 330G FSA Item Specifications Description: 1. ENGINE: a. Minimum 3 cylinder 83 HP Diesel 2. TRANSMISSION: a. Hydrostatic drive b. Forward, reverse, travel speed controlled by two hand levers 3. ENGINE EQUIPMENT: a. Spin on type filters b. Dry type air filters 4. OPERATOR ENVIRONMENT: a. OSHA approved ROPS canopy shall be integral b. Front and rear work lights, hazard lights c. Engine monitoring system or gauges, with audible alarm d. Horn and backup alarm e. Tires 14x17.5 extra wall 5. BRAKES: a. Parking brake b. Hydrostatic braking 6. LOADER: a. Front auxiliary hydraulics b. Foot or hand controls for bucket c. Minimum 84" wide construction bucket. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LOADER: Loader Backhoe with Canopy 4x4 Standard Make: Caterpillar Model: 416 Make: John Deere Model: 310SL FSA Item Specifications Description: 1. ENGINE: a. Minimum 87 HP Diesel engine b. Dry type, radial seal air cleaner and pre-cleaner unit c. Spin on type engine oil filter 2. TRANSMISSION: a. Four speed power shift or power shuttle transmission 3. OPERATOR ENVIRONMENT: a. OSHA approved ROPS canopy shall be integral b. Two front and two rear work and driving lights c. Stop and turn signals with flashing hazard lamps d. Instrument panel with a complete set of gauges or an electronic monitoring device e. Standard horn and audible back-up alarm 4. BRAKES: a. Brakes shall be oil immersed, hydraulically actuated, multiple disc on final drive input shaft b. Brakes shall be completely enclosed and sealed, fully self-adjusting 5. LOADER (SINGLE TILT CYLINDER): a. Loader shall be equipped with a return to dig mechanism b. Loader shall have positive down pressure sufficient to lift the tractor front end off level ground c. Loader bucket SAE heaped capacity of minimum 1.3 yards with replaceable bolt on edge 6. BACKHOE: a. Fixed length dipper stick digging depth approximately 14` b. Reach from swing center, approximately 18` c. Dump height, approximately 11`3" d. Digging force approximately 8,000 lbs. e. Bucket dig force, approximately 11,990 lbs. f. 24" general purpose bucket with replaceable teeth. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LOADER: Skid Steer Loader 1,850 LB OC - Wheeled Only Make: Bobcat Model: S62 Make: Caterpillar Model: 236D3 Make: John Deere Model: 318G Make: Kubota Model: SSV65 FSA Item Specifications Description: 1. ENGINE: a. Minimum 3 cylinder 56 HP Diesel 2. TRANSMISSION: a. Hydrostatic Drive b. Forward, reverse, travel speed controlled by two hand levers 3. ENGINE EQUIPMENT: a. Spin on type filters b. Dry type air filter 4. OPERATOR ENVIRONMENT: a. OSHA approved ROPS canopy shall be integral b. Front and rear work lights, hazard lights c. Engine monitoring system or gauges, with audible alarm d. Tires 10x16.5 extra wall e. Horn and backup alarm 5. BRAKES: a. Parking brake b. Hydrostatic main braking 6. LOADER: a. Front auxiliary hydraulics b. Foot or hand controls for bucket c. Minimum 62" wide construction bucket d. Operating capacity 1,800 lbs – minimum FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LOADER: Wheel Loader-1.5 CU YD Make: Hitachi Model: ZW120 FSA Item Specifications Description: 1. ENGINE/CAB: Diesel engine, six-cylinder, liquid cooled, minimum 77 HP; ROPS cab with air conditioning and heat. 2. TRANSMISSION: Power shift transmission with torque converter or hydrostatic drive, minimum of four forward and three reverse speeds. 3. DRIVETRAIN: Four-wheel drive; 15.5 - 25 Bias ply tires mounted on multi piece rims. 4. LOADER: 1.5 cu. yd. general purpose bucket with bolt on cutting edge; Bucket position indicator; Automatic return to dig; Rear drawbar; Gauges and indicators: visual hydraulic oil level indicator, electronic monitor display of all fluid levels and temperatures; Deluxe suspension seat with foam padding and backrest; Articulated steering, clearance circle 34`.02"; Wheelbase of at least 7`; Minimum operating weight of 12,727 lbs. 5. ELECTRICAL: Manual battery disconnect switch; Driving lights, front and rear work lights, stop lights, warning lights and taillights. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LOADER: Wheel Loader-3.0 CU YD Make: Hitachi Model: ZW180 Make: Hyundai Model: HL940 Make: John Deere Model: 524L Make: Komatsu Model: WA270-8 FSA Item Specifications Description: 1. ENGINE/CAB: Diesel engine, six-cylinder, liquid cooled, minimum 140HP; ROPS cab with air conditioning and heat. 2. TRANSMISSION: Power shift transmission with torque converter or hydrostatic drive, minimum of four forward and three reverse speeds. 3. DRIVETRAIN: Four-wheel drive; 20.5 - 25 Radial tires mounted on multi piece rims. 4. LOADER: 3.0 cu. yd. general purpose bucket with bolt on cutting edge; Bucket position indicator; Automatic return to dig; Rear drawbar; Gauges and indicators: visual hydraulic oil level indicator, electronic monitor display of all fluid levels and temperatures; Deluxe suspension seat with foam padding and backrest; Articulated steering, 40 degrees minimum each direction; Wheelbase of at 9 feet, 4 inches minimum; Minimum operating weight of 26,000 lbs. 5. ELECTRICAL: Manual battery disconnect switch; Driving lights, front and rear work lights, stop lights, warning lights and taillights. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LOADER: Wheel Loader-5.75 CU YD Make: Caterpillar Model: 972M Make: Doosan Model: DL450-5 Make: Hitachi Model: ZW310 Make: Hyundai Model: HL975 Make: John Deere Model: 744L Make: Komatsu Model: WA480-8 Make: Volvo Model: L150H FSA Item Specifications Description: 1. ENGINE/CAB: Diesel engine, six-cylinder, liquid cooled, minimum 280 HP; ROPS Cab with air conditioning and heat. 2. TRANSMISSION: Power shift transmission with torque converter or hydrostatic drive, minimum of four forward and three reverse speeds. 3. DRIVETRAIN: Four-wheel drive; Manufacturer`s standard axle; 26.5 -R25 radial tires mounted on multi piece rims. 4. LOADER: 5.75 cu. yd. general purpose bucket with bolt on cutting edge; Bucket position indicator; Automatic return to dig; Rear drawbar; Gauges and indicators: visual hydraulic oil level indicator, electronic monitor display of all fluid levels and temperatures; Deluxe suspension seat with foam padding and backrest; Articulated steering, 40 degrees minimum each direction; Wheelbase of 11`4" minimum; Minimum operating weight of 53,674 lbs. 5. ELECTRICAL: Manual battery disconnect switch; Driving lights, front and rear work lights, stop lights, warning lights and tail lights. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - LOW SPEED VEHICLE: Low Speed Vehicle Make: Columbia Model: Journeyman 196 LSV 2 2 Make: GEM Model: E2 FSA Item Specifications Description: 1. CLASSIFICATION: These vehicles are primarily used to transport people and limited cargo in the State of Florida on typical federal, state, county and city highways and roads that are posted for 35 mph or less and shall be designed to operate under typical environmental conditions. Vehicles must conform to Federal Motor Vehicle Safety Standards, State of Florida Vehicle Safety Laws, regulations, specifications, standards, and requirements in effect as of the date of manufacture. 2. ENGINE: 5.5HP 4 kw Electric Motor; 48 Volt Lead Acid Batteries (8 Batteries x 6v); 110V Eagle on Board Charger; 50 Miles per Charge; Max Forward Speed 25mph; Digital Speedometer and Dashboard. 3. DIMENSIONS (APPROXIMATE): Length: 96"; Height: 76"; Width: 48"; Wheel Base 66.9"; Ground Clearance 5" BODY: Plastic body and fiberglass roof; DOT Windshield with Wiper. 4. COMFORT ITEMS: 4 Person Seating with Flip Rear Seat for Cargo. 5. CHASSIS/STEERING/SUSPENSION: 10 Foot Turning Radius; Steel Frame Type Chassis; 500lbs GVW Capacity. 6. TIRES AND WHEELS: 205/50-10 Tires; 10" Aluminum Rims. 7. BRAKES: 4 Wheel Hydraulic; Hand Brake. 8. SAFETY ITEMS: 100% Electric with Zero Emissions; 12V Headlights and Indicators; Voltmeter; Turn Signals; Side and Rear-View Mirrors; Reverse Alarm; Non-Slip Flooring; Neutral Switch When Vehicle is Standing Still; Horn FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - MATERIAL HANDLER: Rubber Tire Material Handler Make: Caterpillar Model: MH3022 Make: Sennebogen Model: 818E Make: Volvo Model: EW240E MH FSA Item Specifications Description: 1. ENGINE: Tier IV Final Diesel Engine - 132 hp; Spin on Filters; Two Stage Air Cleaner. 2. WEIGHT: Minimum Operating Weight - 48,000 lbs. TRAVEL SYSTEM: 2-speed - 0-3.0 mph/0-12.0 mph. HYDRAULIC SYSTEM: Main Hydraulic System flow 80 GPM. 3. UNDERCARRIAGE: Two axles with all-wheel drive; 8 - 10:00 X 20 Solid Tires. 4. OPERATING STATION: Cab to be climate controlled with pressurized filtration; Hydraulic elevating cab; Sliding door window and tilt out front window; Tinted windows with safety glass; Adjustable suspension seat with safety belt and seat heater; Catwalk with handrail; Fire extinguisher; Rear view and right view camera system; Halogen work lights on roof cap. 5. WORKING EQUIPMENT: Purpose built material handling boom and stick; Safety check valves on boom and stick cylinders. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - MOTORGRADER: Motorgrader Make: Caterpillar Model: 120 Make: Komatsu Model: GD655-7 Make: John Deere Model: 620G FSA Item Specifications Description: 1. ENGINE: Liquid cooled 6-cylinder diesel with minimum of 140 net hp @ 1900 RPM. 2. TRANSMISSION: Power shift with direct drive; Minimum 8 forward and 4 reverse speeds. BRAKES: Wet multiple disc. 3. STEERING & ARTICULATION: Front steer plus articulated; Minimum articulation 20-degrees. MOLDBOARD: Minimum 12 ft. long. 4. OPERATOR ENVIRONMENT: Low profile cab; Cloth adjustable seats; Gauges including hour meter, fuel, articulation, engine coolant temperature. TIRES: Minimum 13.0 - 24 10 PR 9" single piece rim. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - MOTORGRADER: Motorgrader - Small Make: LeeBoy Model: 685D Make: Noram Model: Grader FSA Item Specifications Description: 1. DIMENSIONS (APPROXIMATE): Length 21`; Width 7`; Height with cab 10`4"; Weight 15,200 lbs. ENGINE: Diesel, turbocharged 110 HP; 39 gallon fuel tank. 2. DRIVE TRAIN: Hydrostatic drive or power shift; 2 speed gear box. 3. BRAKES: Fail safe brake system. 4. STEERING/ARTICULATION: 18-degree articulation left or right; Front wheel lean. 5. MOLDBOARD/BLADE: 10` Sliding/Tilting moldboard; 10` Blade; Circle side shift; Scarifier - center mount, front mount or rear mount acceptable; Adjustable turn table; Blade float control. 6. OPERATORS STATION: Enclosed cab; Front and rear windshield wipers; Suspension seat; Air conditioned and heated cab; Gauge package; Work lights. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - MOWER: 15 FT. Flex Wing Rotary Mower Make: Alamo Industrial Model: Eagle Make: Bush Hog Model: 3815 Make: John Deere Model: M15 Make: Landpride Model: Batwing Make: Schulte Model: FX-1800 Make: Woods Model: BW15.50 FSA Item Specifications Description: 1. DECK: Mower shall be rotary, flex wing style; 10-gauge steel minimum; Replaceable full-length skid shoes; Shall be easy clean style. 2. BLADE CARRIER & BLADES: 7-gauge steel minimum; 1-inch thick cross bar weldment; "Stump Jumper" pan design; 2 free swinging updraft cutting blades 1/2-inch-thick, heat treated alloy steel minimum; Blades shall overlap a minimum of six inches for uniform cut; Blade spindles shall be 1 1/4-inch diameter minimum. 3. WHEELS/TIRES: 6 replaceable puncture resistant foam filled airplane tailwheels. 4. POWER DISTRIBUTION: Main driveline shall be CAT 5; Slip clutch protection shall be featured; Gears shall be straight bevel with tapered roller bearings; A power divider shall have a rating of 190 HP minimum; Center and wing gearboxes shall have a minimum rating of 190 HP. 5. GENERAL FEATURES: Mower shall attach to the rear of the tractor using a self-level-lift hitch; Front and rear chain deflectors; Tongue shall have a jack stand. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - Mower: Remote Controlled Brush Mower Make: Alamo Industrial Model: RC28 Make: Energreen America Model: Robomax Make: Evergreen America Model: Robogreen Make: RC Mowers Model: TK-52XP FSA Item Specifications Description: 1. APPROXIMATE DIMENSIONS a. Length- 57" b. Width- 59" c. Height- 33" d. Weight- 990 lbs 2. ENGINE a. 24 hp. 2 cylinder gas b. Pressurized oiling system c. Electric start w/ 16v , 16 a alternator d. 5 gal fuel capacity 3. TRACK DRIVE SYSTEM a. Two 48v electric motors b. Infinitely variable gear reduction transmissions c. Multi lug type tracks d. Neoprene rollers 4. MOWER DECK a. Twin spindle deck b. 10 gage mower deck c. Blade bar 2x22" with 4 free swinging blades d. Electric clutch assembly w/ integral safety brake e. Mowing height range 2 to 7 " 5. REMOTE CONTROL Remote control to control mower functions: travel speed, cutting height, hours, radio signal strength. state of charge of remote control battery, and mower on/off a. b. Remote control working range 328 ft. , max range 984 ft. c. Auto stop feature for loss of radio signal d. Rechargeable lithium ion batteries 6. SAFETY a. One touch emergency shut off switch b. Warning beacon FLORIDA SHERIF FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - MOWER: Zero Turn Radius Commercial Grade Mower Make: Bush Hog Model: HDE2561KP4 Make: Cub Cadet Model: Pro Z Make: Exmark Model: Exmark Lazer Make: Ferris Model: ISX2200 Make: Grasshopper Model: 225 Make: Gravely Model: Proturn Make: Husqvarna Model: Z560 Make: John Deere Model: Z930M Make: Kubota Model: Z725KH-3-60 Make: Scag Model: Tiger Cat II FSA Item Specifications Description: 1. ENGINE: 25 horsepower gas engine; Positive feed oil system with spin on filter; Electric start. DRIVE 2. TRAIN/AXLES: Spin on hydraulic filters. DECK: 60" heavy duty mower deck; 3 blade spindles; Manual deck lift; 1" to 5" cutting height; Deck engagement electric clutch. 3. WHEELS: Front wheels - 13x6-6 ribbed, minimum; Rear wheels - 24x11.5-12 turf. COMFORT & 4. CONVENIENCE: High back full suspension seat; ROPS bar. APPROXIMATE MACHINE DIMENSIONS: Length - 82"; Height - 72" with ROPS; Width - 63" without chute. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - OFF ROAD VEHICLE: Off Road All Terrain Vehicles-4x4 Make: CanAm Model: Outlander Make: Honda Model: Four Trax Foreman 520 Make: Polaris Model: Sportsman 570 EFI Make: Suzuki Model: KingQuad 400 ASI Make: Yamaha Model: Kodiac 450 Make: Bobcat Model: UV34 Make: CanAm Model: Defender Make: Clubcar Model: Carryall Make: Cub Cadet Model: Challenger Make: Honda Model: Pioneer 700 Make: John Deere Model: Gator Make: Kawasaki Model: Mule 4x4 Make: Kubota Model: Diesel Make: Mahindra Model: Retriever UTV 750B Make: Polaris Model: Ranger 570 EFI Make: Yamaha Model: Viking FSA Item Specifications Description: 1. ENGINE: Manufacturer`s gas or diesel engine, air cooled, overhead valve, keyed electronic ignition, 20 HP minimum. 2. TRANSMISSION: Manufacturer`s standard automatic transmission. 3. CHASSIS: Standard front bumper. 4. TIRES AND WHEELS: Front and rear all terrain tires, must match drive train. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - POWER CHARGING AND RESERVE POWER STATIONS Make: Envision Solar International, Inc. Model: EV ARCTM 2020 FSA Item Specifications Description: 1. A transportable yet permanent 4.3 kW Solar Array; 24 kWh (upgradable) lithium-ion battery ; 2. One (1) up to (6) J1772 coupler(s) with 4.3kW maximum output; 3. Patented EnvisionTrakâ„¢ sun tracking system generates up to 25% more solar power; 7.5` X 18` engineered ballast and traction Pad fits in a standard parking space; Solar array aligns with parallel, perpendicular and herringbone parking spaces; LED lighting; 4. Wind-rated up to 120mph or greater in a lowered or `stowed` position; 5. Flood-proof up to 9.5`; Branding space for your logo, advertising or community beautification; 1- Year Wireless Remote Monitoring and Management System (RMMS); 6. Patented Transformer ARCTM design folds into a low-profile for container or flatbed transport. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - POWER CHARGING AND RESERVE POWER STATIONS Make: Envision Solar International, Inc. Model: DCFC50 FSA Item Specifications Description: 1. Four (4) interconnected EV ARCTM 2020 stations; 17.2kW combined solar array; 172 kWh combined lithium-ion battery storage; One (1) 50kW DCFC SAE/CCS combo coupler with a 50kW maximum output mounted on a detached steel high-traction base pad. 2. Includes patented EnvisionTrakâ„¢ sun tracking system generates up to 25% more solar power; 7.5` X 18` engineered Ballast and traction pad fits in a standard parking space; 3. Solar array aligns with parallel, perpendicular and herringbone parking spaces; 4. LED lighting; 5. Wind-rated up to 120mph; Flood-proof up to 9.5`; 6. Branding space for your logo, advertising or community beautification; Low to no maintenance required. 1-Year Wireless Remote Monitoring and Management System (RMMS). FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - POWER CHARGING AND RESERVE POWER STATIONS Make: Envision Solar International, Inc. Model: DCFC24 FSA Item Specifications Description: 1. Two (2) interconnected EV ARCTM 2020 stations; 8.6kW combined solar array; 86 kWh combined lithium-ion battery storage; 2. One (1) 24kW DCFC SAE/CCS combo coupler with a 24kW maximum output mounted on an EV ARCTM 2020 station. Includes patented EnvisionTrakâ„¢ sun tracking system generates up to 25% more solar power; 7.5` X 18` engineered Ballast and Traction Pad fits in a standard parking space; 3. Solar array aligns with parallel, perpendicular and herringbone parking spaces; 4. LED lighting; 5. Wind-rated up to 120mph; 6. Flood-proof up to 9.5`; 7. Branding space for your logo, advertising or community beautification; 8. Low to no maintenance required. 1-Year Wireless Remote Monitoring and Management System (RMMS). FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - PUMP: 6 Inch Mobile Pump Package Make: Atlas Copco Model: PAS 150 HF Make: BBA Pumps Model: BA150E Make: ECO PUMP Model: Trailer Mounted Trash Pump Make: Generac Model: MTP6DZV Make: Global Pump Model: 6GSTAP Make: Godwin Model: CD 150S Make: Holland Pumps Model: PT6TPC-P1104D44T Make: MWI Model: CT006 Make: Pioneer Model: PP66S12L71 Make: Thompson Pump Model: 6JSC Make: Tradewinds Model: TPK064750 FSA Item Specifications Description: 1. DESIGN REQUIREMENTS: Discharge size: 6 inches; Suction size: 6 inches; Capable of 1750 GPM minimum; Capable of 160 ft. Total Dynamic Head (TDH) minimum; Duty Point, Maximum: 1,000 gallons per minute minimum (GPM) at 120 ft. Total Dynamic Head (TDH); Solids handling capability size, minimum size: 3 inches. 2. ENGINE: Diesel engine, appropriate to pump size at continuous duty; Emission compliant engine; Industrial grade exhaust muffler and rain cap; Oil and coolant drain lines with ball valves; Low water level shutdown switch; 12vdc system with battery rack and cables; 50 gallon minimum fuel tank with low fuel level alarm and shutdown. 3. PUMP: Check valve; Self-priming system. 4. CONTROLS: Solid state, microprocessor-based pump controls; Controls shall provide all operating, monitoring and control functions for the pump set; Controller will also provide 2 fully programmable contacts for input and output signals accordingly; Controller will provide remote start stop control with adjustable ramp (speed) time control; UL 508 R and CSA C22.2 No. 14 approved. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - PUMP: 6 Inch Mobile Pump Package (Continued from previous page) 5. TRAILER: The manufacturer shall mount the diesel engine and pump unit with the above 50 gallon subbase tank on a street legal D.O.T. approved trailer; This trailer will be able to be rated for a safe travel at speeds of 60 mph and not be limited to the following specifications: Trailer design shall be such that the County/City may easily remove the entire engine, fuel tank and pump from the trailer; 12vdc electric system; Lunette or military type towing ring with safety chains; Single point lifting bar; License plate bracket; Sand shoe type support stands front and rear; Torque spring axles to meet load of trailer; The trailer must have a VIN and a certificate of origin. 6. STARTUP AND COMMISSIONSING: Vendor must coordinate all startup and testing activities with the engineer/owner; After field delivery of the pump and trailer, an authorized factory representative shall perform the initial startup and field testing of the pump and trailer; If conditions permit, a site will be determined where connection will be made by the County/City to test the pump package; If a site cannot be prepared a standard operational test will be performed; At the same time the startup test is performed, the factory representative will provide all necessary operation, field maintenance and minor repair training as necessary; This will also include safety procedures and hazard assessment. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - Refuse and Waste Collection Bodies & Trailer Mounted Equipment Make: Old Dominion Brush Model: LCT450 Trailer Mounted Make: Hyva Model: Combination Grapple Crane and 40 Cubic Yard (CYD) Dump Body HZR250 L0 1113 Canal Cleaning Unit Make: Hyva Model: Combination Grapple Crane and 40 Cubic Yard (CYD) Dump Body HZR100 L0 1085 BULK WASTE UNIT Make: Hyva Model: Combination Grapple Crane and 40 Cubic Yard (CYD) Dump Body HZR140 L0 REFUSE LOADER Make: New Way Model: 20 Cubic Yard (CYD) Rear Loading Refuse Body Make: New Way Model: 32 Cubic Yard (CYD) Rear Loading Refuse Body Make: New Way Model: 40 Cubic Yard (CYD) Front Loading Refuse Body Make: New Way Model: 31 Cubic Yard (CYD) Automated Side Loading (ASL) Refuse Body Make: New Way Model: 27 Cubic Yard (CYD) Automated Side Loading (ASL) Refuse Body (Auger Style) Make: New Way Model: 10 Cubic Yard (CYD) Satellite Side Loader Refuse Body Make: New Way Model: 8 Cubic Yard (CYD) Rear Loading Refuse Body Make: New Way Model: 11 Cubic Yard (CYD) Rear Loading Refuse Body Make: New Way Model: 25 Cubic Yard (CYD) Rear Loading Refuse Body Make: Palfinger Eplison Model: Combination Grapple Crane and 40 Cubic Yard (CYD) Dump Body S260L130 Canal Cleaning Unit Make: Palfinger Eplison Model: Combination Grapple Crane and 40 Cubic Yard (CYD) Dump Body Model: M13A Refuse Loader Make: Palfinger Eplison Model: Combination Grapple Crane and 40 Cubic Yard (CYD) Dump Body M100L73 Bulk Waste Unit FSA Item Specifications Description: 1. NOTE: REFUSE BODIES REQUIRE SEPARATE PURCHASE OF CAB AND CHASSIS. 2. Trailer mounted units must be sized and consistent with manufacturer GVWR ratings and other specifications for the mounted refuse equipment and payload. 3. Must include all of the OEM standard equipment and be equipped with all LED lighting, and must meet all DOT and FMVSS safety standards. The completed unit must be delivered to the purchaser in a ready to work condition. This equipment is used collect Municipal Solid Waste (MSW) , Commercial Solid Waste (CSW), and Recycling and Vegetation. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - ROADWAY ADVISORY BOARD: Mobile Message Board Make: AMSIG Model: CMS-GP465T Make: K&K Systems Model: MB9757 Make: Kustom Signal Model: Smart VMS Make: Ver-Mac Model: PCMS-1500 Make: Wanco Model: Full Size 3-Line Message Board Trailer Make: Wanco Model: Full Size Full Matrix Message Board Trailer FSA Item Specifications Description: 1. DISPLAY PANEL: Minimum Panel Size 72” X 48”. 2. EXPECTED POWER: Solar and Battery with battery charger- Meets manufacturer requirements. 3. TRAILER: 2” minimum Ball Coupler; Meets manufacturer and highway safety requirements. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - ROADWAY ADVISORY BOARD: Mobile Speed Board Make: Applied Concepts Inc. DBA Stalker Radar Model: Stalker SAM Make: Applied Concepts Inc. DBA Stalker Radar Model: Stalker SAM - R Make: K&K Systems Model: LTER12-P-DC599S Make: Kustom Signal Model: Smart Make: RU2 Systems Model: FAST-650 Make: AMSIG Model: Digibrite Advantage Make: Ver-Mac Model: SP-710V Make: Wanco Model: Compact Radar Speed Trailer FSA Item Specifications Description: 1. DISPLAY PANEL: Amber or Red LED; 12” minimum Speed Limit Sign. 2. RADAR SPEED UNIT: Miles Per Hour; Directional Radar. 3. DATA COLLECTION: Data and Analysis Software included; 4. EXPECTED POWER: Solar and Battery with battery charger- Meets manufacturer requirements. 5. TRAILER: 2” minimum Ball Coupler; Meets manufacturer and highway safety requirements. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - ROADWAY ADVISORY BOARD: Mobile Traffic Advisory / Directional Signal Board Make: AMSIG Model: T815 Make: K&K Systems Model: AT154896 Make: Traffix Device Model: Scorpion II Trailer Attenuator with Mobile Traffic Advisory / Directional Signal Board Make: Ver-Mac Model: ST-4825 Make: Wanco Model: WECO Arrow Board Trailer Make: Wanco Model: Metro Matrix Message Board Trailer FSA Item Specifications Description: 1. DISPLAY: 15 lamps minimum; 48” x 96” panel size. 2. EXPECTED POWER Solar and Battery with battery charger- Meets manufacturer requirements. 3. TRAILER: Meets manufacturer and highway safety requirements. 4. TRAILER: 2” minimum Ball Coupler; Meets manufacturer and highway safety requirements. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - ROLLER Compaction Vibratory Roller 30,000 LB - Single Drum Make: Bomag Model: BW177D-5 Make: Caterpillar Model: CS44 Make: Hyundai Model: HR70C-9 Make: Sakai Model: SV544 FSA Item Specifications Description: 1. WEIGHT: a. Minimum operating weight with open rops 15,200 lbs. 2. DRUM/VIBRATORY SYSTEM: a. Maximum compaction shall not be less than 30,000 lbs. b. Drum shall have a compaction width of not less than 66" c. Drum shall be smooth and not be less than 48" in diameter d. Vibratory system shall be hydraulically driven and have two amplitude settings e. Drum shall be equipped with an adjustable cleaning device f. Drum and vibratory pack shall be isolated from the machine during normal operation 3. ENGINE/CAB: a. Turbocharged diesel engine, minimum 74 HP Operator station shall be mounted to the frame with rubber mounts to further isolate the operation and controls from machine vibration during operation b. Gauges or warning indicators for fuel level, engine oil, hydraulic oil and coolant temperature with an alert sounding device activated whenever a warning indicator is illuminated. c. d. A backup alarm shall emit an audible alarm whenever the propel lever is moved into reverse 4. TRAVEL SYSTEM: a. A machine must be hydrostatic driven for the rear axle and the drum drive motor 5. ELECTRICAL SYSTEM: a. 12 or 24 volt electric system b. Maintenance free battery suppling 750 cold cranking amps c. Wiring harness protected with nylon-braided wrap FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - ROLLER: Small 5,400 LB Double Drum Roller - 47" Make: Bomag Model: BW120SL-5 Make: Caterpillar Model: CB24B Make: Hamm Model: HD12-VV Make: Dynapac Model: CC1200 Make: Volvo Model: DD25 FSA Item Specifications Description: 1. WEIGHT: a. Minimum operating weight 5,423 lbs. 2. DRUM/VIBRATORY SYSTEM: a. Drum compactor width on both drums no less than 47" b. Drum shall be smooth and not less than 27.5" in diameter c. Vibratory system shall be hydraulically driven d. Drum shall be equipped with scrapers both front and rear of both drums e. Drum shall be hydraulically driven and have two amplitude settings 3. ENGINE: a. Diesel engine of not less than 25 HP b. Reverse alarm for reverse operations 4. TRAVEL SYSTEM: a. The machine shall be hydrostatically driven b. Steering shall be centered articulated and oscillated 5. MISCELLANEOUS: a. Unit shall be equipped with a pressurized water system for both drums b. Electrical system shall be 12 or 24 Volt FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - ROLLER: Large 22,000 LB Double Drum Roller - 70" Make: Bomag Model: BW190AD-5 Make: Caterpillar Model: CB13 Make: Dynapac Model: CC5200 Make: Hamm Model: HD90-VV Make: Sakai Model: SW884 Make: Volvo Model: DD120 FSA Item Specifications Description: 1. WEIGHT: a. Minimum operating weight 22,000 lbs 2. DRUM/VIBRATORY SYSTEM: a. Drum compaction width on both drums no less than 70" b. Drum shall be smooth and not less than 48" in diameter c. Vibratory system shall be hydraulically driven d. Drum shall be equipped with scrapers both front and rear of both drums e. Drum shall be hydraulically driven and have two (2) amplitude settings 3. ENGINE: a. Diesel engine of not less than 100 HP b. Reverse alarm for reverse operations 4. TRAVEL SYSTEM: a. The machine shall be hydrostatically driven b. Steering shall be center articulated and oscillated 5. MISCELLANEOUS: a. Unit shall be equipped with pressurized water for both drums b. Electrical system shall be 12 or 24 volt FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - RUBBER TIRE MATERIAL HANDLER: Make: Caterpillar Model: MH3022 FSA Item Specifications Description: 1. ENGINE a. Tier IV Final Diesel Engine - 132 hp b. Spin on Filters c. Two Stage Air Cleaner 2. WEIGHT a. Minimum Operating Weight - 48,000 lbs 3. TRAVEL SYSTEM a. 2-speed - 0-3.0 mph/0-12.0 mph 4. HYDRAULIC SYSTEM a. Main Hydraulic System flow 80 GPM 5. UNDERCARRIAGE a. Two axles with all wheel drive b. 8 - 10:00X20 Solid Tires 6. OPERATING STATION a. Cab to be climate controlled with pressurized filtration b. Hydraulic elevating cab c. Sliding door window and tilt out front window d. Tinted windows with safety glass e. Adjustable suspension seat with safety belt and seat heater f. Catwalk with handrail g. Fire extinguisher h. Rear view and right view camera system i. Halogen work lights on roof cap 7. WORKING EQUIPMENT a. Purpose built material handling boom and stick b. Safety check valves on boom and stick cylinders FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - SEWER CLEANER: Trailer Mounted Sewer Cleaner Make: Obrien Model: 7018-SC Make: Sewer Equipment Co. of America Model: 747-FR2000 Make: Vac-Con Model: VecJet Make: Vactor Model: RamJet FSA Item Specifications Description: 1. ENGINE a. 60 h.p. diesel engine b. Water cooled c. Engine enclosure d. 15 gal. fuel tank 2. HIGH PRESSURE WATER PUMP a. 4000 psi at 18 gpm b. Pressure relief valve c. Triplex type pump d. Low water shutdown e. Multi-flow type system [ pressure change without changes to engine rpm ] 3. CONTROLS a. Located next to hose reel b. Ignition c. Throttle d. Gauge package [tachometer, hour meter, oil pressure, volts, and low oil / high temp shutdown] e. Water control valve 4. WATER TANK a. 700 gal capacity b. High density polyethylene with baffles c. Sight gauge d. 2 1/2" overhead tank fill , anti siphon , air gap type e. Strainer f. Tank drain 5. HOSE REEL a. 800 ` capacity of 1/2" high pressure sewer hose b. Hydraulic power in and out 6. HOSE REEL DRIVE HYDRAULIC SYSTEM a. Hydraulic pump 8 gpm b. 15 gal hydraulic reservoir c. Spin on type hydraulic filter 7. TRAILER a. 12000 lb gvw b. 6" x 3/16" frame c. Tandem axle d. 2 5/16" hitch e. Tongue jack f. 235 / 80 r 16" tires g. Fenders h. Breakaway switch i. Lighting as required by Federal and State laws j. Reflective striping k. Toolbox with locking system l. LED directional arrowstick m. Warning beacon [tank mounted] 8. 8. EQUIPMENT FURNISHED a. 500` of 1/2 " high pressure sewer hose b. 100` of 1/4" hose and nozzle for small pipe c. Washdown gun and 25 ` of hose with quick disconnects d. Tiger tail hose protector e. Nozzles to be furnished, 15 degree, 35 degree, chisel point, grenade flushing type, skid assembly, and rotator nozzle FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - SEWER CLEANER: Combination Sewer Cleaning/Vacuum Machine - 10 CU YD Make: Aquatech Model: B-10 Make: Gapvax Model: MC Make: Sewer Equipment Co. of America Model: 900 ECO-12YD Make: Vacall Model: AJV1010 Make: Vac-Con Model: V311HN/1000 Make: Vac-Con Model: VPD4211SHAE Make: Vactor Model: 2100l FSA Item Specifications Description: 1. NOTE TO PURCHASERS: This is an INCOMPLETE UNIT. This is a bid award on a combination Sewer Cleaning/Vacuum Unit to be mounted on an appropriately sized cab & chassis truck. Agencies purchasing this unit will need to provide a cab & chassis truck of appropriate size, GVW, and, options necessary to have the selected combination Sewer Cleaner/Vacuuming Unit to be mounted on or have the truck provider assist in ordering the correctly outfitted truck. All items factory installed unless otherwise noted. 2. AIR/VACUUM SYSTEM: Positive displacement vacuum pump or centrifugal compressor; 3500 CFM @ 14.5 inches of mercury, minimum; Muffler; Vacuum relief valves; Centrifugal separator with clean out; PTO or hydrostatic drive. 3. DEBRIS TANK: 10 cu yd capacity; 45-degree hydraulic dump; Top hinged; Hydraulic door locks; Sight glass or indicator; Drain valve with hose; Check ball system or vacuum breaker. 4. BOOM ASSEMBLY: 270-degree boom working area; Hydraulic up/down; Clean out port; Transport cradle; 8" boom hose; Pendant control. 5. WATER PUMP: 2500 PSI, 80 GPM; Pressure relief valve; Wash down gun with relief valve. 6. WATER TANK: 1000 gallon capacity; Curb side fill; Level indicators. 7. HOSE REEL: 800` of 1" hose capacity; 400` of 1", 2500 PSI hose supplied; Power in/out; Reel speed control system; Position lock system; Engine and hose reel controls; Level wind. 8. DRIVE SYSTEM: Hydrostatic transfer case, split PTO, or auxiliary engine or transfer case. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. 9. MISCELLANEOUS: Nozzles 15 degree and 30 degree for jet; Wash down gun; 8" intake tube 20` minimum; Flexible hose guide; Hose storage rack. SPECIFICATION GROUP - SHREDDER: Mobile Shredder - Trailer Mounted Make: Metso Model: M&J 4000M Make: Tana Shark Model: 440D FSA Item Specifications Description: 1. APPROXIMATE DIMENSIONS a. Weight: 27,000 kg b. Length: 15 740mm c. Width: 2 520mm d. Material feeding height : 3 395mm e. Belt discharge height: 4 030mm 2. ENGINE a. Diesel, 540 hp @ 2100 rpm b. Turbocharged w/ intercooler c. 750 li fuel tank 3. POWERTRAIN a. Hydro-static drive w/ auto speed control b. Variable displacement drive motors c. Axial piston pumps, variable displacement 4. ROTOR a. Rotor diameter 920mm b. Rotor 30 max rpm c. Rotor shredding length 3000 mm d. Rotor knives 33, reversible type e. Counter knives 23 f. Adjustable rotor screen 5. CONTROLS a. Gauge package, w engine protection shutdown b. Shredder control unit to protect from overloading, overheating and damage of the powertrain 6. CONVEYOR a. Hydraulic driven conveyor b. Raised and lowered by hydraulics 7. TRAILER a. Trailer to be constructed and sized for the installed unit, and will meet all local, state, and federal laws for use on highway. b. Hydraulic support legs FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - STUMP CUTTER: Self Propelled Make: Bandit Model: SG-40 Make: Toro Model: STX 38 Make: Vermeer Model: SC362 FSA Item Specifications Description: 1. ENGINE: a. 35 H.P. gasoline engine b. 6 gallon fuel tank c. Positive feed oil system with spin on filter d. heavy duty air filter e. 12 volt starting/charging system 2. GROUND DRIVE: a. Hydraulic Ground Drive b. 2 speed travel c. Hydraulic brake system d. Hydraulic steering system e. Hydraulic system spin on filter f. 4 gallon hydraulic reservoir 3. CUTTER DRIVE: a. Electric drive clutch b. Adjustable V belt drive 4. CUTTER WHEEL: a. 17" diameter b. 16 dual cutting edge teeth c. Teeth pocket mounted d. Cutter wheel guard 5. CONTROLS: a. Hour meter b. Low-oil shutdown c. Boom swing left and right d. Boom up and down e. Travel forward and reverse f. Steering g. Operator presence shutdown 6. APPROXIMATE DIMENSIONS: a. Weight - 1320lbs b. Length - 110" c. Width - 49" d. Height - 53" 7. CUTTING DIMENSIONS: a. Above ground - 24" b. Below ground - 15" FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - SWEEPER: 3-Wheel Mechanical or Regenerative Air Sweeper Make: Elgin Pelican Model: NP Make: Global Model: R3 Make: Global Model: M3 FSA Item Specifications Description: 1. ENGINE: a. 4 cylinder diesel engine 74 HP minimum. b. 120 AMP alternator c. Fuel water separator d. 30 gallon fuel tank capacity 2. TRANSMISSION: a. Hydrostatic drive type b. 35 gallon reservoir c. Capable of 20 MPH minimum 3. CAB: a. Sealed type cab with filtered intake. b. Tilt and telescoping steering column c. Tinted glass d. Sound suppressed e. Intermittent windshield wipers with washer f. Full gauge and warning lights for engine monitoring g. Climate controlled cab, heater, defroster and air conditioned h. If cab is not center mounted, it must have dual controls for operating on either right or left hand side. 4. FRAME: a. 116" wheelbase b. Rail type channel frame 5. SAFETY ITEMS: a. Dual west coast mirrors with spot mirrors b. Headlights, turn, brake and hazard lights c. Worklights for gutter brooms d. Cab mounted warning strobe light with protective cage e. Backup alarm f. Rearview backup camera 6. BRAKES/STEERING: a. Hydraulic power assisted service bakes b. Parking brake c. Turning radius 15` maximum 7. DEBRIS HOPPER: a. 3.5 yard capacity minimum b. 9`6" minimum dump height 8. CONVEYOR: a. Rubber belt type with flights b. Hydraulic drive 9. MAIN BROOM: a. 32" diameter minimum b. 56" width tube type c. Hydraulic drive 10. GUTTER BROOMS: a. Right & left side brooms to have adjustable down pressure located in cab. b. 36" diameter minimum c. Segmented type broom d. Hydraulic drive 11. WATER SPRAY SYSTEM: a. 220 gallon water tank b. Run dry type water pump c. 15` hydrant fill hose d. Water spray jets adjacent to all brooms e. Water filter 12. PICK UP HEAD The following requirements are for the regenerative air system type sweeper. All other requirements are the same for either machine 1. a. 72" outside dimension b. 12" pressure hose c. 12" suction hose d. Spring type suspension 13. BLOWER The following requirements are for the regenerative air system type sweeper. All other requirements are the same for either machine 1. a. Direct hydraulic drive b. Cast aluminum with abrasion resistant coating c. Blower housing rubber lined. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - SWEEPER: Cabover Mechanical Broom Street Sweeper Make: Elgin Model: Eagle Make: Johnston Model: ES351 FSA Item Specifications Description: 1. CAB & CHASSIS: Engine: 1. 6 cylinder diesel 200 HP minimum a. Transmission: 1. Automatic transmission to meet the correct engine size and GVW of vehicle. Hydrostatic drive is acceptable. b. Engine Equipment: 1. Alternator - 12V / 130 AMP 2. Fuel water separator 3. Fuel tank - 50 gallon c. Cab: 1. Dual operating position type cab to include: Steering, controls, etc for sweeping from either side. 2. Rubber floor mats 3. Air ride seating 4. Pressurized cab with heat and air conditioning 5. Instrumentation for truck - oil pressure, water temperatures, voltmeter gauges 6. Instrumentation for sweeper-tachometer, hour meter, oil pressure, coolant temperature gauges d. Frame: 1. Rail type 80,000 psi 2. Size - 10.9" x 3.5" x .34" 3. Frame overhang 4. Wheelbase 130" minimum 5. Front steel bumper e. Safety: 1. Dual West Coast bright finish heated mirrors with LH & RH remote 2. Intermittent windshield wipers 3. Daytime running lights 4. Backup alarm 5. Auto shutdown f. Axles: 1. Front axle: 11,900 lb. GVW 2. Rear axle: 21,000 lb. GVW 3. Single speed rear axle 4. 22.5 x 8.25 steel wheels - disc type 5. 11R x 22.5 14-ply radial tires g. Brakes: 1. Antilock brakes 2. Front air brakes - 15 x 4 drum 3. Rear air brakes 16.5 x 7 drum 4. Automatic slack adjusters - front and rear 5. Air dryer - frame mounted h. 2. MOUNTED SWEEPER BODY (STANDARD EQUIPMENT): Engine: 1. 4 cylinder diesel - 47 horsepower, governed at 2800 RPM 2. Spin-on oil filter 3. Alternator - 12V / 60AMP a. Side Brooms: 1. Right & left side gutter brooms (tilt control in cab) 2. Hydraulically raised & lowered 3. 42" diameter - segment type 4. Adjustable down pressure (Manual) - optional down pressure pump b. Main Broom: 1. Length - 58" minimum 2. Diameter - 35" minimum 3. Hydraulic motor - direct or chain drive and reversible 4. Full floating trailing arms w/shocks 5. Lift Control - inside cab c. Sweeper Body: 1. Overall height - 10` with strobe 2. Lift capacity - 11,000 lbs minimum 3. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. 4.5 cubic yard hopper 4. Dump height - 10` minimum 5. Lift design - hydraulic 2-stage scissors 6. Hopper inspection door 7. Work lights - 1 on each gutter broom and one in rear d. Hydraulic SPECIFICATION GROUP - SWEEPER: Cabover Mechanical Broom Street Sweeper (Continued from previous page) FSA Item Specifications Description: System: 1. Hydraulic pump capacity minimum - 24gpm@2600rpm 2. Pump: dual tandem gear 3. Reservoir - 21 gallons 4. Spin-on 10 micron hydraulic pump 5. Externally mounted reservoir level indicator e. Water Spray System: 1. Water tank construction - polyethylene and removable 2. Water tank capacity - 280 gallons minimum 3. Fill hose 2 1/2" x 16` with NST coupler 4. Diaphragm pump type with run dry capability 5. Pump capacity - 3.0 GPM minimum 6. Minimum of 9 spray nozzles - 2 min per gutter broom, 3 min for main broom 7. Water filter - 80 micron mesh cleanable f. Conveyor/Elevator System: 1. Minimum of 9 flights - replaceable 2. Belt material - rubber reinforced fabric 3. Belt speed - variable with auxiliary engine RPM 4. Drive - reversible with direct drive 5. Elevator jam warning light & buzzer in cab 6. Conveyer flush - built in. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - SWEEPER: Compact Air Sweeper - 2.3 CU YD Make: Johnston Model: 5006 FSA Item Specifications Description: 1. OPERATING WEIGHT: a. 8800 LBS. GVWR b. Empty weight-5900 LBS 2. ENGINE/TRANSMISSION: a. 78 hp b. Hydrostatic drive 3. BRAKES/TIRES a. Drum type brakes [ power assist] b. Front tire size 6.50 R10 Radial c. Rear tire size 225/75 R10 Radial 4. SWEEPER DIMENSIONS: a. Height: 72" b. Width: 52" c. Length: 162" 5. HOPPER: a. 2.3 cubic yard capacity 5. GUTTER BROOMS: a. Equipped with left and right side gutter brooms b. Front mounted 33.5" diameter c. Overall sweeping width 122" 6. WATER SYSTEM a. 66 gal recirculation water system capacity b. 40 gal clean water system capacity 7. LIGHTING / SAFETY a. Lighting package to enable vehicle to operate on the road b. Work lights for operation of vehicle at night c. Amber warning beacon d. Intermittent wipers 8. COMFORT ITEMS: a. Cab to be air conditioned and heated b. Suspension type operator seat 9. INSTRUMENTATION: a. Full instrumentation to monitor operation of vehicle 10. FAN UNIT: a. Centrifugal type fan b. Wear resistant blades FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - SWEEPER: Regenerative Air Street Sweeper Make: Elgin Model: Crosswind J Plus Make: Johnston Model: RT655 Make: Tymco Model: 600 FSA Item Specifications Description: 1. CAB & CHASSIS: Engine: 6-cylinder diesel, 200 HP minimum. Transmission: Allison 2000 series, 5- speed automatic. Engine Equipment: Alternator: 12-volt 100 amp; Fuel water separator. Cab: Cab over, with rust preventative coating; Dual operating position type cab to include: steering, controls, etc., for sweeping from either side; Rubber floor mats; Air ride suspension seats, both sides; Pressurized cab with heat and air conditioning; Instrumentation for truck - oil pressure, water temperature, voltmeter gauges; Instrumentation for sweeper - tachometer, hour meter, oil pressure, coolant temperature gauges. Frame: Wheelbase - 152" minimum; Front steel bumper; Fuel tank - 50 gallon. Safety: West coast mirrors with lower mounted convex mirrors; Intermittent windshield wipers; Daytime running lights; Backup alarm; Auto shutdown system for sweeper power plant. Axles: Front axle: 11,900 lb. GVW; Rear axle: 21,000 lb. GVW; Single- speed rear axle; 22.5 x 8.25 steel wheels - disc type. Brakes: Air dryer. 2. MOUNTED SWEEPER BODY: Engine: 4-cylinder turbocharged diesel 99 HP minimum. Blower: Direct belt drive; Blower rating - 20,000 cfm; Blower housing Pickup Head: 90" OD; Hose size - 14" pressure, 12" suction; Hydraulically raised and lowered. Side Brooms: Right and left side gutter brooms; Hydraulically raised and lowered; 42" diameter - segment type; Adjustable downward pressure. Sweeper Body: 7 yd. volume metric capacity; 50-degree dump angle or raker bar; Centrifugal dust separator; Hopper dump door to hydraulically open/close, lock and unlock; Hopper screen - hinged, quick release. Hydraulic System: Direct drive hydraulic pump. Water Spray Dust Control System: Water tank construction - polyethylene; 220 gallon capacity; Fill hose - 16` long; Diaphragm pump type with run dry capability; Pump capacity - 5 GPM Pump pressure - 25 PSI; 7 spray nozzles, 4" pickup head, 1" suction tube - 2 on each side of broom; Filter - 80 mesh cleanable. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - SWEEPER: Self-Propelled Hydrostatic Broom - Center Slung Make: Broce Model: 350 Broom Make: Holder Model: S100 Make: LeeBoy Model: CB-95 Make: Superior Broom Model: DT74 FSA Item Specifications Description: 1. WEIGHT: Minimum operating weight 5,500 lbs. 2. ENGINE: Diesel engine 74 HP at 2200 RPM; Pre-cleaner 54 clone or equivalent; 27-gallon fuel tank. 3. TRAVEL SYSTEM: 2 speed hydrostatic drive; High speed travel, 20 MPH; 225/75R15 tire size; Joystick direction controls, or foot pedal; Front or rear wheel steering. 4. CAB: Roll over and falling object protective structures; Enclosed cab with air conditioner, heater and defroster fan; Front windshield wiper; Gauges or warning indicators for fuel level, engine oil, hydraulic oil and coolant; Right and left side doors; Right and left side mirrors; Shall have safety lighting package and night operating lighting package. 5. BROOM: Minimum 7`6" poly or poly-steel brush; Brush shall have quick charge core system; Minimum 150 gallon brush watering attachment; Shall have variable brush down-pressure control; Brush shall be hydraulically driven. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TACTICAL VEHICLE: The Rook, Tactical Vehicle Make: Caterpillar Model: 299D3 with Rook Option FSA Item Specifications Description: 1. VEHICLE PLATFORM: a. CAT Multi-terrain loader b. 84 HP Diesel Engine c. 2 Speed powertrain d. Operating weight 13,000 lbs. e. Fuel Tank 26 gallons f. Hydraulic Quick Coupler g. Enclosed ROPS cab with air conditioner and heater h. Dual level suspension undercarriage with self level. i. Advanced machine information and control system 2. CAB ARMORED PROTECTION a. Bullet proof glass b. NIJ Level IV armor cab reinforcement fabrication 3. ARMORED DEPLOYMENT PLATFORM a. Integrated video system b. Breaching ram c. Vehicle extraction tool d. Grapple claw FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TOOL CARRIER: Large Tool Carrier with Optional Mower Make: Alamo Industrial Model: Mantis Make: Mowermax Model: Tool Carrier Make: Multihog Model: Range FSA Item Specifications Description: 1. ENGINE: 90 HP Turbo Diesel; Heavy duty radiator with high flow fan with reversing, clean out valve; Canister style air cleaner with pre-cleaner; Electric start with engine pre-heat; Full engine gauge package; 30-gallon fuel tank. 2. POWER TRAIN: Hydrostatic, variable displacement piston transmission pump; Two, heavy-duty, 4-wheel drive, steerable axles with parking and service brake; 3 steering modes - 4-wheel round, front wheel and 4-wheel crab; GVW (without attachments): Approximately 9000 lbs. 3. TRAVEL SPEED: Work Mode - Variable 0-5 MPH Travel Mode - Variable 0-20 MPH. COMFORT, 4. CONVENIENCE & SAFETY: Full air ride, suspension seat; Certified ROPS Canopy with AC, Heat, AM/FM radio with Bluetooth; Tilt steering column with horn; Seat belt with safety switch; Turn Signals and brake lights; Flashing safety lights as well as DOT reflector tape. 5. ATTACHMENT OPTIONS: Front lift arms with universal skid steer mounting plate for 10 skid steer attachments: Broom/sweeper; 90-inch rotary mower; 88 in flail mower; Dozier blade; Stump grinder; Pallet forks; Cold planer; Big roll sod installer; Landscape rake; Rotary tiller. Right side rotary mower; Right side flail mower; Right side boom/reach mower; 15 ft belly mower; 6. CONDITIONS: In addition to equipment specified, mower will be equipped with all standard equipment as specified by the manufacturer for this model and shall comply with all EPA emission standards and all motor vehicle standards as established by the US Department of Transportation regarding the manufacturer of motor vehicles. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TOOL CARRIER: Telescopic Tool Carrier Make: Bobcat Model: Versa Handler Telehandler Make: Caterpillar Model: TH357D Make: Energreen America Model: Kommunal Make: Manitou Model: MTA 8044 Make: JLG Model: 943 FSA Item Specifications Description: 1. APPROXIMATE DIMENSIONS: Length: 196 in; Width: 90 in; Height, w/cab: 93 in; Wheelbase: 113 in; Weight: 17,155 lbs. 2. ENGINE: Diesel, Tier 4 100hp; Turbocharged; Heavy duty cooling system. 3. POWERTRAIN: Hydrostatic Drive; 2 Travel speeds low speed 3.0 mph, high speed 18 mph; All wheel drive; 3 Steering modes: all wheel, crab, and front wheel; Industrial lug type tires. 4. COMFORT, CONVENIENCE AND SAFETY: Certified ROPS cab with air conditioning and heat; Suspension seat w/ seat belt; Work lights, safety lights, and warning beacon; Attachment controls in cab; Engine gauge instrumentation. 5. HYDRAULIC SYSTEM: Lift capacity 7700 lbs.; Max lift 22 feet; Boom breakout force: 8000 lbs. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRACTOR MOWER: Agriculture Tractor with Boom Mower - 4x4 Make: Case IH Model: Maxxum with Motrim Boom Mower Make: John Deere Model: 6120M with Tiger Bengal Boom Mower FSA Item Specifications Description: 1. ENGINE: Liquid cooled diesel with minimum of 95 PTO hp @ 2200 rpm. 2. TRANSMISSION: Synchroshuttle type with a minimum of 16 forward and 16 reverse speeds; 4WD front axle. 3. FUEL TANK: Minimum 38-gallon capacity. 4. BRAKES: Oil cooled hydraulic. 5. POWER TAKE OFF: Speeds RPM - 540/1000. 6. HYDRAULIC SYSTEM: Closed center system with standard remotes; Maximum pressure psi - 2,900; Standard output @ remote 17 GPM; Total of 29 GPM combined flow. 7. POINT HITCH: Category II; Telescopic stabilizers; SAE lift capacity @ 24" standard lbs. - 5,000; Lower draft arm link ends - extendable. 8. TIRES: Not less than 13.6R24 R1 rear radials; Not less than 18.4R30 6-Ply F2. 9. MOUNTED BOOM MOWER: Minimum 23` boom reach; Forward and reverse swing break away; Integral frame; Separate hydraulic circuit for mower head; 5` rotary cutter head; Disc or bar type blade holder. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRACTOR: Agricultural Tractor With Boom Mower 4x4 Make: John Deere Model: 6120M Alamo Industrial Mower Make: Kubota Model: M6S-111 with Terrain King KB2300 Boom Mower Make: Massey Ferguson Model: MF5712S with Diamond Boom Mower FSA Item Specifications Description: 1. ENGINE: Liquid cooled diesel with minimum of 95 PTO hp @ 2200 rpm. 2. TRANSMISSION: Synchroshuttle type with a minimum of 16 forward and 16 reverse speeds; 4WD front axle. 3. FUEL TANK: Minimum 38-gallon capacity. 4. BRAKES: Oil cooled hydraulic. 5. POWER TAKE OFF: Speeds RPM - 540/1000. 6. HYDRAULIC SYSTEM: Closed center system with standard remotes; Maximum pressure psi - 2,900; Standard output @ remote 17 GPM; Total of 29 GPM combined flow. 7. POINT HITCH: Category II; Telescopic stabilizers; SAE lift capacity @ 24" standard lbs. - 5,000; Lower draft arm link ends - extendable. 8. TIRES: Not less than 13.6R24 R1 rear radials; Not less than 18.4R30 6-Ply F2. 9. MOUNTED BOOM MOWER: Minimum 23` boom reach; Forward and reverse swing break away; Integral frame; Separate hydraulic circuit for mower head; 5` rotary cutter head; Disc or bar type blade holder. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRACTOR: Agriculture Tractor - 4x2 Make: Case IH Model: FARMALL Make: John Deere Model: 5100M Make: Kubota Model: M5-091 Make: Mahindra Model: mForce Make: Massey Ferguson Model: Tractor Make: New Holland Model: Powerstar FSA Item Specifications Description: 1. ENGINE: Liquid cooled diesel with minimum of 75 PTO hp @ 2200 rpm. 2. TRANSMISSION: Synchroshuttle type with a minimum of 8 forward and 3 reverse speeds. 3. FUEL TANK: Minimum 23-gallon capacity. 4. BRAKES: Oil cooled hydraulic. 5. POWER TAKE OFF: Speeds RPM - 540/1000 6. HYDRAULIC SYSTEM: Open center system with standard remotes; Standard output @ remote GPM - 10; Main pump flow 17 GPM. 3- 7. POINT HITCH: Electronic or mechanical 3-point hitch control; Category II; Telescopic stabilizers; SAE lift capacity @ 24" standard lbs. - 3,600; Lower draft arm link ends - extendable. 8. TIRES: Not less than 18.4R - 28 R1 radials; Not less than 7.5L - 15, 6-Ply F2. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRACTOR: Compact Center Articulating Tractor - AWD Make: Antonio Carraro Model: Tigre Make: Avant Model: 528 Make: Ventrac Model: 4500 Series FSA Item Specifications Description: 1. Incomplete equipment. Unit bid is for the prime mover only, without attachments. Buyer should select attachments needed from the option list to complete the machine. Examples of attachments available are: Bucket; grapple and/or forks. This will affect the final price. 2. ENGINE: 4500K - Briggs & Stratton 31hp Vanguard M54. 3. TRANSMISSION: Manufacturer`s standard hydrostatic. 4. PERFORMANCE ITEMS: SDLA controls for complete one-handed control of Speed, Direction, Lift & Auxiliary functions; Weight Transfer - transfers weight to front axle for added stability (optional 4500K). 5. SAFETY ITEMS: Automatic PTO shut-off- when weight is removed from seat; Standard seatbelt; Standard ROPS system; Neutral Assist. 6. TIRES AND WHEELS: Manufacturer`s standard tires and wheels (optional turf or bar tires). 7. ATTACHMENT AND ACCESSORIES: 30 commercial grade attachments for a variety of applications (sold individually, not factory installed); Uses Ventrac quick hitch system for quick transition between applications. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRACTOR: Small Agriculture Tractor - 4x4 Make: Bobcat Model: CT2035 Make: Case IH Model: FARMALL 35C Make: John Deere Model: 3035D Make: Kubota Model: L3901 DT Make: Mahindra Model: 1640 Make: Massey Ferguson Model: MF1740E Make: New Holland Model: Boomer FSA Item Specifications Description: 1. ENGINE: Liquid cooled diesel with minimum of 29 PTO hp @ 2200 rpm. 2. TRANSMISSION: Hydrostatic drive or mechanical type transmission; 4WD front axle. 3. FUEL TANK: Minimum 7-gallon capacity. 4. BRAKES: Oil cooled hydraulic wet disc. 5. POWER TAKE OFF: Speeds RPM - 540. 6. HYDRAULIC SYSTEM: Open center system with standard remotes; Maximum main pump flow - 6.3 GPM 3-POINT HITCH: Category I; SAE lift capacity @ 24" standard lbs. - 1,435. TIRES: Not less than 11.2 x 24 rear; Not less than 5-15 6-ply front. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRAILER: Deck Over Flatbed Trailer - 16,000 LB GVWR 8`6" X 25` Make: Big Tex Model: 22PH255 Make: Eager Beaver Model: B8-DOW Make: Econoline Model: BP0821DE Make: Felling Trailers Model: FT-16-2 Make: Globe Trailers Model: GTTU152-30-25 Make: Interstate Model: 16BST Make: SURE-TRAC Model: ST102204SDDO-B-150 Make: Texas Trailer Model: TX85258T Make: Towmaster Model: TC-16 Make: Trail King Model: TK20LP Make: XL Specialized Trailers Model: XL 24 T FSA Item Specifications Description: 1. DIMENSIONS: Deck width - 8`6"; Overall deck length - 25`; Dovetail length - 5;` GVWR - 16,000 lb. 2. FRAME: 5" channel side rails; 3" channel cross members on 16" centers; 4" channel undercarriage; 2" x 3/8" rub rail with stake pockets; Pintle hitch. 3. DECK: 2 x 8 pressure treated deck; Galvanized deck screws; 5` dovetail; Spring assist stand up ramps. 4. AXLES: Tandem 8,000 lb. Dexter oil bath axles (2); Electric brakes; Breakaway brake system with well cell battery. 5. LIGHTING SYSTEM: Protected turn/stop/tail lights; Wiring run in conduit; Heavy duty trailer plug. 6. MISCELLANEOUS: Spare tire and rack; Lockable tool box; Primed and painted - choice of color; Tongue jack rated for GVWR of trailer. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRAILER: Enclosed Cargo Trailer - 7,000 Lb GVWR, 7` X16` Make: Cargo Mate Model: Blazer Make: SURE-TRAC Model: STW8416TA Make: United Model: U-716TA35-8.5 Make: Wells Cargo Model: HD Wagon FSA Item Specifications Description: 1. DIMENSIONS: Width - 7`; Length - 16`; GVWR - 7,000 lb. 2. FRAME: Formed angle top and bottom sills; All exposed steel primed and painted; Positive lock ball coupler; Tongue jack; Safety chains - DOT rated. 3. FLOOR/WALLS/ROOF: 3/4" exterior grade plywood floor; 1/4" plywood interior liner; .030" prefinished aluminum exterior, state colors; Smooth galvanized steel or one-piece aluminum roof; Fiberglass front cap; Extruded aluminum bottom trim; Extruded aluminum roof cove with drip rail; Double locking door on rear. 4. AXLES: Tandem 3,500 lb. torflex axles; 15" wheels; 205 x 15 trailer rated tires; Electric brakes with breakaway switch. 5. LIGHTING SYSTEM: Protected turn/stop/tail lights; Clearance lights; Wiring run in conduit; Heavy duty trailer plug. 6. MISCELLANEOUS: Spare wheel and tire. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRAILER: Hydraulic Tail Trailer - 70,000 LB Make: Felling Trailers Model: FT-70-2-PL-HT Make: Globe Trailers Model: GTFH352-48-26 Make: Pitts Model: HD35 Make: Trail King Model: TK80HT Make: Towmaster Model: T-70HT Make: XL Specialized Trailers Model: XL 80PT FSA Item Specifications Description: 1. DIMENSIONS: Deck width - 8`6"; Overall length - 48;` Deck length - 25`; Hydraulic tail - 12` (8` with 4` fold under); GVWR - 70,000 LBS. FRAME: Cambered "I" beam main frame; 49" Kingpin height; 16" Kingpin setting; 82" Swing clearance; 8` Upper deck length. 2. DECK: 1½" Apitone or oak decking; 1½" Floor plate over wheels; Traction plate on hydraulic tail. 3. HYDRAULIC TAIL: 8` Main tail; 4`-Fold under tail; Hydraulic actuated with tail lock; 14-degree load angle. 4. LANDING GEAR: Pin drop type or 2 speed type. 5. AXLES/SUSPENSION/TIRES: 2 - 22,500 LB axles; Oil seal hubs; 6.5 x 17.5 steel wheels; 235/75R x 17.5 radial tires; Air brakes with automatic slack adjustors; ABS brake system; Air ride suspension with auto and manual controls. 6. LIGHTING: LED lighting; Wiring in conduit; Mid turn signals; Lighting as per DOT regulations. 7. MISCELLANEOUS EQUIPMENT: 12,000 LB hydraulic winch mounted on upper deck over kingpin. Wireless control; Toolbox on upper deck; Hydraulic tail controls both sides; Air ride controls with dump valve. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRAILER: Pull Behind Dump Trailer - 14,000 LB GVWR Make: SURE-TRAC Model: ST8214HLOD-B-140 Make: Towmaster Model: T-12HD Make: Big Tex Model: 14LP-14 Make: Felling Model: FT-14 DT HD FSA Item Specifications Description: 1. GVWR: 14,000 lbs. 2. BED: Grease fittings on all hinges; D-ring tie downs. 3. BED SIZE & FRAME: 6`8" wide; 14` length; 24" deck height; Tube steel box; 10GA bed floor; Rear stabilizers; 12,000 lb. tongue jack; 20" high sides and tailgate, minimum. 4. BED LIFT: Scissor type hydraulic lift; 12-volt power unit with battery; 15` pendant control. AXLES: Dexter easy lube or equivalent; Sized for GVWR of trailer; 4-wheel electric brakes with breakaway. 5. MISCELLANEOUS: Conspicuity type on sides; Tail/stop/turn lights; 7-way trailer plug; Tarp system; Spare tire; Pintle type hitch or ball (customer selected). FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRAILER: Waste Trailer with Walking Floor - 48` Make: Warren Equipment Inc. Model: WMFT-AS Make: East Manufacturing Model: Unloader Live Floor Make: Mac Trailer Model: TNSP48MF Make: Steco Model: AW048102 FSA Item Specifications Description: 1. DIMENSIONS Length - 48` aluminum Width - 102" Side height - 100". 2. FLOOR: Keith or Hallco running floor; Extreme duty slats with center rib. 3. CROSSMEMBERS: 14" spacing. 4. CROSSTUBES: Center and rear crosstubes; Bolt in style. 5. LIGHTS: LED lights; Mid turn lights. TARP: Manual roll type - side to side; Mesh type tarp. 6. TAILGATE: Side swing - left or right; 7. CAM locking system with safety chain; Extreme duty hinges. 8. LANDING GEAR: Holland Mark V. AXLES: TP axles or equivalent; Same inner and outer bearings; Outboard mount hubs. 9. SUSPENSION: Cast hangers; Leaf springs. 10. TIRES AND WHEELS: Steel Disc 22.5x8.25; 11R22.5 radial tires. 11. MISCELLANEOUS: Tow hooks on rear; Air deflector in front. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRANSFER SWITCH: 600 Amp Automatic Transfer Switch Make: ABB-Zenith Model: ZTG600 Make: ASCO Model: Series 300 Make: Caterpillar Model: CTG Series Make: Generac Model: GTS/PSTS600 Make: Thomson Model: Auto Transfer Switch FSA Item Specifications Description: 1. AUTOMATIC TRANSFER SWITCH: Maximum voltage rating of 600Vac, 60hz; 1ph or 3ph; Open transition (break-before-make) transfer logic; Transfer switch must meet the related industry standards: UL 1008 - Automatic transfer switches for use in emergency systems; CSA - Automatic transfer switches; NEMA - Industrial control and systems AC transfer switch equipment; IEC - Automatic transfer switching equipment. 2. RATING: 600-amp, 3 pole, 277/480vac, 60hz; Enclosure type: NEMA 3r. 3. FUNCTIONAL: The automatic transfer switch shall automatically transfer the load to the generator supply in the event of a utility supply failure and return the load to the utility supply upon restoration. The automatic transfer switch power switching devices shall be mechanically and electrically interlocked to prevent the utility and generator supplies from being interconnected. All timers should be field adjustable to ensure proper field site compatibility. 4. AUTOMATIC SEQUENCE OF OPERATION: When the voltage on any phase of the utility supply is below present levels of rated voltage for a preset time delay, a contact shall close to initiate start of the standby generator. The load shall transfer to the generator supply when the generator voltage and frequency have reached acceptable present levels and the warm up time delay has expired. When the utility supply is restored to the above present levels of rated voltage on all phases, load transfer from generator to utility supply shall be initiated following expiry of the utility return timer. Once the transfer mechanism operates and opens the FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRANSFER SWITCH: 600 Amp Automatic Transfer Switch (Continued from previous page) generator power switching device, the transfer mechanism shall stop in the neutral position (i.e. with the both power switching devices open) for the duration of the neutral delay timer setting to allow load voltage to decay prior to reconnecting the utility supply. The load shall be re- connected to the utility supply once the neutral delay timer expires and the transfer mechanism continues operation and closes the utility power switching device. The load shall immediately retransfer to the utility supply (if within acceptable limits) should the generator supply fail prior to the expiry of the utility transfer delay. The generator set shall continue to operate following a load transfer for a cool down delay period, and then a contact shall open to stop the generator set. An "on load" test mode may be initiated which shall cause a simulated utility failure condition and transfer the load to the generator set. The transfer sequence shall be the same as for a utility power failure except a neutral delay sequence shall occur when transferring from utility to a generator source. The load shall immediately retransfer to the utility supply (if within acceptable limits) should the generator supply fail during an "on load" test mode. 5. FACTORY TESTING: A certified factory test report shall be shipped with each switch at time of shipment; The automatic transfer switch shall be factory tested prior to delivery to the purchaser; The following test shall be conducted by qualified factory personnel: Visual Inspection; Mechanical Tests; Electrical Tests; Final Inspection. 6. FIELD TESTING AND COMMISSIONING: The automatic transfer switch shall be field tested once installed at the project site to confirm proper operation of the system; Schedule and witness testing activities shall be coordinated with the project engineer, site contractor, and owner as required in advance of the testing date; A qualified local factory-trained field representative shall conduct the necessary test to ensure proper operation of the switch. Visual Inspection: Electrical and Mechanical inspection to verify the installation is correct as recommended by the transfer switch manufacturer and as per National Electric Code (NEC) requirements. Mechanical Tests: As a minimum, the following mechanical tests shall be performed on the transfer switch: Power conductor torque verification; Verification of mechanical interlock; Manual ATS FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRANSFER SWITCH: 600 Amp Automatic Transfer Switch (Continued from previous page) Mechanism Operation; All Mechanical Fasteners/Wire Connections Tight; Confirmations of correct transfer switch voltage, current and withstand ratings as is required for the application. 7. Meggar testing the power cabling to the transfer switch; Verification of correct power cabling phasing and phase rotation prior to energization; Confirmation of settings for all timers & voltages sensors. Full Function Test-normal operation - 3 complete cycles of failing the utility supply, and transfer load to/from the generator set; Verification of all test modes operates correctly. 8. CONDITIONS: In addition to equipment specified, each automatic transfer switch shall be equipped with all necessary equipment as specified by the manufacturer for this model and shall include but not be limited to the following necessary items: Shrink Wrap applied to the product to ensure a clean finish; One complete set of operation and maintenance manuals; A two (2) year or 1500 hour from date of standard standby warranty will apply from date of successful startup; Labor, materials, and travel for the warranty period repair will be paid by manufacturer during normal business hours. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - TRENCHER: Walk Behind Trencher Make: Vermeer Model: RTX250 FSA Item Specifications Description: 1. ENGINE: a. 25 H.P. gasoline engine b. 7 gallon fuel tank c. Positive feed oil system with spin on filter d. 12 volt starting/charging system 2. GROUND DRIVE: a. Hydrostatic b. Rubber ground tracks c. 7" track width d. 31" track length on ground 3. TRENCHER DRIVE: a. Hydraulic drive b. 8 gallon hydraulic reservoir c. Hydraulic system spin on filter 4. TRENCHER BOOM: a. Digging depth - 48" b. Auger diameter - 18" c. Cutting width minimum - 4" 5. CONTROLS: a. Operator presence safety system b. Low-oil shutdown system c. Steering control d. Operator presence safety system e. Low-oil shutdown system f. Steering control g. Trencher controls h. Travel control i. Boom controls 6. APPROXIMATE DIMENSIONS: a. Weight - 1550 LBS. b. Length - 79" c. Width - 34" d. Height - 48" FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - UTILITY VEHICLE: Electric Utility Vehicle Make: Club Car Model: Caryall 700 Make: Columbia Model: Utilitruck Make: Polaris Model: Ranger EV FSA Item Specifications Description: 1. FSA BASE VEHICLE REQUIREMENTS a. 2 - programmed keys and fobs, if available b. Full-size spare tire, if available 2. DIMENSIONS (APPROXIMATE) a. Length: 115" b. Height: 51" c. Width: 56" d. Wheel Base 79" e. Curb Weight 1500 lbs. f. GVW 2900 lbs. 3. POWER: a. 7 HP Electric Motor b. 8-6 Volt Heavy Duty Batteries c. 48 Volt 4. TRANSMISSION/AXLE: a. Enclosed internally lubricated differential/transaxle b. 2 Wheel Drive 5. CHASSIS/STEERING/SUSPENSION a. 1250 lbs. towing capacity b. 2900 lbs. GVW c. Frame Type Chassis d. Suspension matched for GVW of vehicle 6. TIRES AND WHEELS: a. Off/on road type tires b. Wheels rated for GVW of vehicle c. Tires to be traction type rated for GVW of vehicle 7. PERFORMANCE: a. 45 mile range b. 19 MPH minimum 8. BRAKES: a. Manual parking brake b. Disc or drum type c. 2 or 4 wheel breaks 9. BODY: a. Rear mounted hitch for towing 2" b. Pick-up type box with sides and tailgate c. 2 passenger seating FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT - Stationary - 2 Post Symmetric Stationary Vehicle Lift 12k Make: Challenger Model: CL 12-LC FSA Item Specifications Description: 1. Make: Challenger Model: CL 12-LC 2. Lifting Capacity 12,000 lbs. Lifting Configuration Symmetric Arms 3-stage front/3-stage rear; 3. Rise Height (includes 6" tall adapter) 80.25" ; 4. Overall Height 11'-11" (143") ; Overall Width 142” ; Drive-Thru Clearance 103.5” ; Floor to Overhead Switch 136"; Arm Reach (Min.) 27.5” ; Arm Reach (Max.) 59” ; Screw Pad Height * 5” / 12.625” (includes 6" tall adapter) ; Inside Columns 114.5” ; Motor / Voltage 2HP, 208v-230v, 60Hz, 1Ph ; Speed of Rise (approximate) 60 s ; Ceiling Height Required 12' ; Colors Available Red, Blue, Black FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Mobile - 2 Column, Cabled Make: ARI-Hetra Model: LP-10-2-AJ Make: Rotary Lift Model: MCHF219 Make: Stertil Koni Model: ST1085-1 FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: Combined lift capacity of 36,000 lbs.; 18,000 lbs. per column minimum. 2. DIMENSION: Width - 45 Inch Minimum; Length - 48 Inch Minimum; Minimum Rise - 67 Inches. 3. OPERATION: Weight gage for each column; Operating LCD Screen; Speed: fully lowered to raised not to exceed 80 seconds; Fits tire sizes 9” – 24”. SAFETY: Mechanical Safety Locks; Override to manual operation in the event of power loss; *Meets all applicable safety standards. 4. POWER: Cabled base. VOLTAGE 208-230 3-phase. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Mobile - 2 Column, Wireless Make: ARI-Hetra Model: BPW-10-2-AJ Make: Challenger Model: CLHM-190 - 2 Make: Rotary Lift Model: MCHF-219 Make: Stertil Koni Model: ST1085-1FRA FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: Combined lift capacity of 36,000 lbs.; 18,000 lbs. per column minimum. 2. DIMENSION: Width - 45 Inch Minimum; Length - 48 Inch Minimum; Minimum Rise - 67 Inches. 3. OPERATION: Weight gage for each column; Operating LCD Screen; Speed: fully lowered to raised not to exceed 80 seconds; Fits tire sizes 9” – 24”. 4. SAFETY: Mechanical Safety Locks; Override to manual operation in the event of power loss; *Meets all applicable safety standards; Training included with purchase. 5. POWER: Wireless. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Mobile - 4 Column, Cabled Make: ARI-Hetra Model: LP-10-4-AJ Make: Rotary Lift Model: MCH418 Make: Stertil Koni Model: ST1085-2FSA FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: Combined lift capacity of 72,000 lbs.; 18,000 lbs. per column minimum. 2. DIMENSION: Width - 45 Inch Minimum; Length - 48 Inch Minimum; Minimum Rise - 67 Inches. 3. OPERATION: Weight gage for each column; Operating LCD Screen; Speed: fully lowered to raised not to exceed 80 seconds; Fits tire sizes 9” – 24”. 4. SAFETY: Mechanical Safety Locks; Override to manual operation in the event of power loss; *Meets all applicable safety standards. 5. POWER: Cabled base. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Mobile - 4 Column, Wireless Make: ARI-Hetra Model: BPW-10-4-AJ Make: Stertil Koni Model: ST1085-2FRA FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: Combined lift capacity of 72,000 lbs;. 18,000 lbs. per column minimum. 2. DIMENSION: Width - 45 Inch Minimum; Length - 48 Inch Minimum; Minimum Rise - 67 Inches. 3. OPERATION: Weight gage for each column; Operating LCD Screen; Speed: fully lowered to raised not to exceed 80 seconds; Fits tire sizes 9” - 24”. 4. SAFETY: Mechanical Safety Locks; Override to manual operation in the event of power loss; *Meets all applicable safety standards; Training included with purchase. 5. POWER: Wireless. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Mobile - 6 Column, Cabled Make: ARI-Hetra Model: LP-10-6-AJ Make: Rotary Lift Model: MCH618 Make: Stertil Koni Model: ST1085-3FSA FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: Combined lift capacity of 108,000 lbs.; 18,000 lbs. per column minimum. 2. DIMENSION: Width - 45 Inch Minimum; Length - 48 Inch Minimum; Rise minimum - 67 Inches; Fits tire sizes 9” – 24”. 3. OPERATION: Weight gage for each column; Operating LCD Screen; Speed: fully lowered to raised not to exceed 80 seconds. 4. SAFETY: Mechanical Safety Locks; Override to manual operation in the event of power loss; *Meets all applicable safety standards. 5. POWER: Cabled base. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Mobile - 6 Column, Wireless Make: ARI-Hetra Model: BPW-10-6-AJ Make: Rotary Lift Model: MCHF619 Make: Stertil Koni Model: ST1085-3FRA FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: Combined lift capacity of 108,000 lbs.; 18,000 lbs. per column minimum. 2. DIMENSION: Width - 45 Inch Minimum; Length - 48 Inch Minimum; Rise minimum - 67 Inches; Fits tire sizes 9” – 24”. 3. OPERATION: Weight gage for each column; Operating LCD Screen; Speed: fully lowered to raised not to exceed 80 seconds. 4. SAFETY: Mechanical Safety Locks; Override to manual operation in the event of power loss; *Meets all applicable safety standards: Training included with purchase. 5. POWER: Wireless. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Mobile - 8 Column, Cabled Make: Stertil Koni Model: ST1085-4FSA FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: Combined lift capacity of 144,000 lbs.; 18,000 lbs. per column minimum. 2. DIMENSION: Width - 45 Inch Minimum; Length - 48 Inch Minimum; Rise minimum - 67 Inches; Fits tire sizes 9” – 24”. 3. OPERATION: Weight gage for each column; Operating LCD Screen; Speed: fully lowered to raised not to exceed 80 seconds. 4. SAFETY: Mechanical Safety Locks; Override to manual operation in the event of power loss; *Meets all applicable safety standards. 5. POWER: Cabled base. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Mobile - 8 Column, Wireless Make: ARI-Hetra Model: BPW-10-8-AJ Make: Rotary Lift Model: MCHF819 Make: Stertil Koni Model: ST1085-4FRA FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: Combined lift capacity of 144,000 lbs.; 18,000 lbs. per column minimum. 2. DIMENSION: Width - 45 Inch Minimum; Length - 48 Inch Minimum; Rise minimum - 67 Inches; Fits tire sizes 9” – 24”. 3. OPERATION: Weight gage for each column; Operating LCD Screen; Speed: fully lowered to raised not to exceed 80 seconds. 4. SAFETY: Mechanical Safety Locks; Override to manual operation in the event of power loss; *Meets all applicable safety standards; Training included with purchase. 5. POWER: Wireless. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Stationary - 2 Post Asymmetric Stationary Vehicle Lift 10k Make: Rotary Lift Model: SPOA10 FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: 10,000 lbs.; 2. DIMENSION: Minimum Width – 125”, Minimum Width Between Posts – 110”, Minimum Extended Cylinder Height - 142.5”, Minimum Full Rise Height – 72”, Minimum Ceiling Height required - 12`; 3. OPERATION: Speed of rise - fully lowered to fully raised in 50 seconds; SAFETY: Manual or Automatic Lock Release, *Meets all applicable safety standards, 4. MOTOR: 2.0 HP 208-230 V Minimum; 5. ACCESSORIES: Power Upgrades Options, Air/Electric workstation w/Filter/Lubricator/Regulator, Tire Tool, Manager Workstation w/Filter/Lubricator/Regulator, Column Height Extensions, Door protection. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Stationary - 2 Post Asymmetric Stationary Vehicle Lift 12k Make: Rotary Lift Model: SPO12-TA FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: 12,000 lbs; 2. DIMENSION: Minimum Width - 139 Inches, Minimum Width Between Posts - 114-7/8 Inches, Minimum Extended Cylinder Height - 160 Inches, Minimum Full Rise Height – 72”, Maximum Ceiling Height required - 16`; 3. OPERATION: speed of rise - fully lowered to fully raised in 90 seconds; 4. SAFETY: Manual or Automatic Lock Release, *Meets all applicable safety standards; 5. MOTOR: 2.0 HP 208-230 V Minimum, 6. ACCESSORIES: Power Upgrades Options, Air/Electric workstation, w/Filter/Lubricator/Regulator, Tire Tool Manager Workstation w/Filter/Lubricator/Regulator, Column Height Extensions, Door protection. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Stationary - 2 Post Asymmetric Stationary Vehicle Lift 15k Make: Challenger Model: 15000-3S Make: Rotary Lift Model: SPO16 FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: 15,000 lbs.; 2. DIMENSION: Minimum Width - 125 Inches, Minimum Width Between Posts - 120 Inches, Minimum Extended Cylinder Height - 160 Inches, Minimum Full Rise Height – 72”, Maximum Ceiling Height required - 17` 3. OPERATION: Speed of rise - fully lowered to fully raised in 90 seconds; 4. SAFETY: Manual or Automatic Lock Release, *Meets all applicable safety standards; 5. MOTOR: 2.0 HP 208-230 V Minimum; 6. ACCESSORIES: Power Upgrades Options, Air/Electric workstation, w/Filter/Lubricator/Regulator, Tire Tool Manager Workstation w/Filter/Lubricator/Regulator, Column Height Extensions, Door protection. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Stationary - 2 Post Asymmetric Stationary Vehicle Lift 18k Make: Challenger Model: 18000 Make: Rotary Lift Model: SPO20 FSA Item Specifications Description: 1. MINIMUM LIFT CAPACITY: 18,000 lbs.; 2. DIMENSION: Minimum Width - 125 Inches, Minimum Width Between Posts - 118 Inches, Minimum Extended Cylinder Height - 142.5 Inches, Minimum Full Rise Height – 85”, Maximum Ceiling Height required - 17` 3. OPERATION: Speed of rise - fully lowered to fully raised in 60 seconds; 4. SAFETY: Manual or Automatic Lock Release, *Meets all applicable safety standards; 5. MOTOR: 3.0 HP 208-230 V Minimum; 6. ACCESSORIES: Power Upgrades Options, Air/Electric workstation, w/Filter/Lubricator/Regulator, Tire Tool Manager Workstation w/Filter/Lubricator/Regulator, Column Height Extensions, Door protection. *Equipment must comply with all applicable federal, state, and local regulations and meet OSHA, UL-201, NEC, and the latest ANSI standard, ANSI/ALI -ALCTV 2006 and IBC 2003, IBC 2006 Chapter 30 section 3001.2. Equipment must be structurally, and safety tested and certified to ANSI/ALI -ALCTV 2006 automotive lift standard, a copy of listing certification shall be supplied as part of the acceptance of the bid. Equipment must be supplied with all ANSI, ALI/ETL safety booklet, ANSI operations, installation, and maintenance booklets, ANSI/ALI aloim-2008 standard and lifting point guides. Equipment must be supplied with all ANSI, ALI/ETL safety decals. Decals must be permanently placed on the lift in clear view for the operator. FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Stationary - 2 post Versymmetric Stationary Vehicle Lift 10k Make: Challenger Model: CL10V3 FSA Item Specifications Description: Lifting Capacity 10,000 lbs. Lifting Configuration Versymmetric (Symmetric & Asymmetric) Arms 3-stage front/3-stage rear Rise Height 74.125” Overall Height 134” / 140” Overall Height (Cylinder Extended) 143” 2` Height Extension Available Yes 3` Height Extension Available Yes Overall Width 138.5” / 143” Drive-Thru Clearance 100” / 104.5” Floor to Overhead Switch 128.5” / 134.5” Front Arm Reach 20” – 42” Rear Arm Reach 37.625” – 60” Screw Pad Height 3.875” - 6.125” Inside Columns 110” / 114.5” Motor / Voltage 2HP, 208v-230v, 60Hz, 1Ph Speed of Rise 38 s Ceiling Height Required 12` ALI/ETL Certified Yes FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FSA20-EQU18.0 HEAVY EQUIPMENT CONTRACT THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. SPECIFICATION GROUP - VEHICLE LIFT: Stationary - 4 Column, Alignment Lift with Front/Rear Jacks and Integrated Turntables and Slip Plates 14K Make: Challenger Model: AR4115XAO FSA Item Specifications Description: Capacity 15,000 lbs. Open or Closed Front Open Max. Wheelbase 210" Rise Height 78" Overall Length 277.25" Overall Width 142" front / 134.5" rear Inside Columns 120" Between Columns 222.5" Height of Columns 99.5" / 93.5" Width of Runways 20" Height of Runways 7" Width Between Runways 43" Max. 2 Wheel Alignment - 194" 4 Wheel Alignment - 88" - 158" Air Supply Required 90-120 psi Motor / Voltage 2HP, 208v-230v, 60Hz Speed or Rise 85 s Min. Recomm. Bay Size 12` x 26` ALI/ETL Certified Yes Colors Available Red, Blue, Black 2.03 Contract: FSA22- VEL30.0 – Pursuit, Administrative and Other Vehicles Contract: FSA22- FSA Cooperative Purchasing Program Contract Terms and Conditions FSA22-VEH20.0 – Heavy Trucks and Buses FSA22-VEL30.0 – Pursuit, Administrative and Other Vehicles FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 1 Table of Contents 1.0 GENERAL CONDITIONS .............................................................................................................. 5 1.01 BID CORRESPONDENCE ................................................................................................ 5 1.02 PURPOSE ....................................................................................................................... 5 1.03 TERM OF CONTRACT..................................................................................................... 5 1.04 ESTIMATED QUANTITIES ............................................................................................... 5 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER ......................................................... 5 1.06 FUNDING ....................................................................................................................... 6 1.07 CURRENCY..................................................................................................................... 6 1.08 GENERAL DEFINITIONS ................................................................................................. 6 1.09 ELIGIBLE PURCHASERS OF CONTRACT .......................................................................... 8 1.10 LEGAL REQUIREMENTS ................................................................................................. 8 1.11 PATENTS & ROYALTIES ................................................................................................. 8 1.12 FEDERAL AND STATE STANDARDS ................................................................................ 9 1.13 UNDERWRITERS’ LABORATORIES ................................................................................. 9 1.14 AMERICANS WITH DISABILITIES ACT ............................................................................ 9 1.15 REASONABLE ACCOMMODATION ................................................................................ 9 1.16 DISADVANTAGED BUSINESSES ..................................................................................... 9 1.17 ANTI-DISCRIMINATION ............................................................................................... 10 1.18 BEST COMMERCIAL PRACTICES .................................................................................. 10 1.19 PUBLIC ENTITY CRIMES (PEC) ..................................................................................... 10 1.20 TAX EXEMPTION ......................................................................................................... 10 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT ............................................... 10 1.22 COMMUNICATIONS .................................................................................................... 11 1.23 CLARIFICATION AND ADDENDA .................................................................................. 11 1.24 SIGNED BID CONSIDERED AN OFFER .......................................................................... 11 1.25 ASSIGNMENT OF CONTRACT ...................................................................................... 12 1.26 TERMINATION OF PRODUCT LINE .............................................................................. 12 1.27 METHOD OF AWARD .................................................................................................. 12 1.28 DEMONSTRATION OF COMPETENCY .......................................................................... 12 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 2 1.29 VENDOR ABILITY TO PERFORM .................................................................................. 13 1.30 FINANCIAL RESPONSIBILITY ........................................................................................ 13 1.31 QUALITY AND SAFETY ................................................................................................. 13 1.32 NONCONFORMANCE .................................................................................................. 14 1.33 GRATUITIES ................................................................................................................. 14 1.34 TIE BIDS ....................................................................................................................... 14 1.35 RIGHT TO AUDIT ......................................................................................................... 14 1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS ........................................................ 15 1.37 BID AND PERFORMANCE BONDS................................................................................ 15 1.38 ELIMINATION FROM CONSIDERATION ....................................................................... 15 1.39 COLLUSION ................................................................................................................. 15 1.40 DEFAULT ..................................................................................................................... 16 1.41 PROTESTS AND ARBITRATION .................................................................................... 16 1.42 NONPERFORMANCE ................................................................................................... 17 1.43 SEVERABILITY .............................................................................................................. 18 1.44 TERMINATION FOR CAUSE ......................................................................................... 18 1.45 TERMINATION WITHOUT CAUSE ................................................................................ 18 1.46 CONTRACT ADVERTISMENT AND USE OF FSA LOGO ................................................. 19 2.0 BIDDER INSTRUCTIONS ........................................................................................................... 20 2.01 QUALIFICATION .......................................................................................................... 20 2.02 LICENSING AND FACILITIES ......................................................................................... 20 2.03 INSURANCE AND INDEMNIFICATION ......................................................................... 21 2.04 SPECIFICATIONS .......................................................................................................... 22 2.05 FIXED PRICES ............................................................................................................... 23 2.06 DISCOUNTS ................................................................................................................. 23 2.07 SEALED BIDS ................................................................................................................ 23 2.08 EXCEPTIONS ................................................................................................................ 23 2.09 MISTAKES .................................................................................................................... 23 2.10 EQUIVALENTS ............................................................................................................. 24 2.11 MANDATORY PRE-BID MEETING ................................................................................ 24 2.12 PRICES QUOTED .......................................................................................................... 24 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 3 2.13 OPTION PRICING ......................................................................................................... 24 2.14 EMERGENCY LIGHTS AND SIRENS ............................................................................... 25 2.15 SUBMITTAL OF BID ..................................................................................................... 26 2.16 ZONE BIDDING ............................................................................................................ 27 2.17 EXECUTION OF BID ..................................................................................................... 27 2.18 MODIFICATION OR WITHDRAWALS OF BIDS ............................................................. 28 2.19 LATE BIDS .................................................................................................................... 28 2.20 BID OPENING .............................................................................................................. 28 2.21 DETERMINATION OF RESPONSIVENESS ..................................................................... 28 2.22 RESPONSIBLE BIDDER CRITERIA.................................................................................. 28 2.23 BASIS FOR AWARD ...................................................................................................... 29 2.24 FIRM BID ..................................................................................................................... 29 2.25 BID TABULATIONS ....................................................................................................... 29 2.26 MINOR IRREGULARITIES/RIGHT TO REJECT ................................................................ 29 2.27 CONE OF SILENCE ....................................................................................................... 30 3.0 CONTRACT CONDITIONS ......................................................................................................... 31 3.01 GENERAL REQUIREMENTS .......................................................................................... 31 3.02 STATEMENT OF AUTHORITY ....................................................................................... 31 3.03 VENDOR CONTACT INFORMATION ............................................................................ 31 3.04 ADDITIONS OR DELETIONS ......................................................................................... 31 3.05 CONTRACT EXTENSION ............................................................................................... 31 3.06 PRICE ADJUSTMENT .................................................................................................... 31 3.07 CONDITIONS ............................................................................................................... 32 3.08 PRODUCTION CUTOFF ................................................................................................ 32 3.09 FACILITIES ................................................................................................................... 33 3.10 PURSUIT RATED VEHICLES & MOTORCYCLES ............................................................. 33 3.11 SPECIAL SERVICE VEHICLES ......................................................................................... 33 3.12 CAB AND CHASSIS PURCHASES ................................................................................... 33 3.13 FACTORY-INSTALLED OPTIONS ................................................................................... 33 3.14 VENDOR-INSTALLED OPTIONS .................................................................................... 34 3.15 NON-SCHEDULED OPTIONS ........................................................................................ 34 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 4 3.16 FORCE MAJEURE ......................................................................................................... 34 3.17 ORDER ......................................................................................................................... 34 3.18 REGISTRATION, TAG, AND TITLE ................................................................................. 35 3.19 DELIVERY ..................................................................................................................... 35 3.20 INSPECTION AND ACCEPTANCE .................................................................................. 36 3.21 INVOICING AND PAYMENTS ....................................................................................... 36 3.22 WARRANTY ................................................................................................................. 36 3.23 PURCHASE ORDERS..................................................................................................... 36 3.24 QUARTERLY REPORTS ................................................................................................. 37 3.25 ADMINISTRATIVE FEE ................................................................................................. 37 3.26 LIQUIDATED DAMAGES .............................................................................................. 38 Appendix A: Zone Map .............................................................................................................. 39 Appendix B Bid Calendars ......................................................................................................... 40 Appendix C: ACH Payments ...................................................................................................... 41 Appendix D: Federal Clauses ..................................................................................................... 42 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 5 1.0 GENERAL CONDITIONS 1.01 BID CORRESPONDENCE All correspondence regarding this bid should be directed to the Florida Sheriffs Association, “FSA”. Please be sure to reference the bid number and title, and provide your contact information. Communication for this Invitation to Bid should be identified by contract number and title and directed to: Florida Sheriffs Association Attn: Cooperative Purchasing Program Coordinator 2617 Mahan Drive Tallahassee, FL 32308 E-mail: CPP@flsheriffs.org 1.02 PURPOSE The Florida Sheriffs Association invites interested bidders, including manufacturers and dealers or authorized representatives to submit responses in accordance with these solicitation documents. The FSA Cooperative Purchasing Program will conduct the solicitation process and administer the resulting contract. The purpose of this bid is to establish contracts with manufacturers and manufacturer’s authorized dealers for contract terms specified under Section 1.03 for the purchase of items on a “no trade-in basis.” 1.03 TERM OF CONTRACT The term for Contracts FSA22-VEL30.0 Pursuit, Administrative and Other Vehicles and FSA22-VEH20.0 Heavy Trucks and Buses shall remain in effect for one year from date of contract execution by the FSA, and may be extended by mutual agreement, at the sole option and discretion of the FSA. The initial term of these contracts begins October 1, 2022, and ends September 30, 2023. Contract extensions will only be executed when the FSA determines, based on then-existing conditions, that it is in the best interest of the FSA and the purchasers to do so. 1.04 ESTIMATED QUANTITIES Over the last three years, eligible users purchased an average of 5,937 vehicles from these contracts each year. These estimated figures are given as a guideline for bidders preparing bids. Quantities for items depend on many factors, including the vendor’s marketing efforts, established business with local governments and products awarded. Quantities provided do not guarantee or imply future contract sales. Neither the FSA nor any eligible user is obligated to place any order for a given amount subsequent to the award of this bid solicitation. 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office. Section 30.53, Florida Statutes, exempts the sheriffs’ offices from the provisions of the Florida Statute that would otherwise require sealed and competitive bidding procedures. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 6 The Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the participating sheriffs’ offices for any payment for any activity or costs incurred by any bidder in responding to this solicitation. 1.06 FUNDING In the case of certain purchasers, including state agencies, funds expended for the purposes of the contract must be appropriated by the Florida Legislature, the individual participating agency or the agency’s appropriating authority for each fiscal year included within the contract period. For such agencies, their performances and obligations to pay for products or services under any resulting contract, or purchase order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the appropriating authority. Therefore, any contract or purchase order with such an agency shall automatically terminate without penalty or termination costs in the event of non-appropriation. 1.07 CURRENCY All transaction amounts, bids, quotes, provisions, payments or any part of this contract relating to currency are to be made in United States Dollar. 1.08 GENERAL DEFINITIONS The terms used in this contract are defined as the following: A. Base Specification: Items developed by the FSA for bidders to bid on. These items may be unique to FSA and require additional components to the standard manufacturer specifications and equipment. B. Bidder: A bidder or enterprise that submits a formal bid to the FSA Cooperative Purchasing Program in accordance with the FSA CPP Terms and Conditions. A bidder, that is not the manufacturer, must be authorized by the manufacturer to market and sell an item for which they are bidding. C. Bid System: The online forum used for the submission of bids and review of bid results for the specifications connected to this Invitation to Bid. VendorLink is the software used for this bid. D. Build Sheet: A document from the bidder or manufacturer that confirms that the bid specifications submitted by bidders matches the FSA base specification. Build sheets include, but are not limited to, the factory options list and door data plate info for the vehicles. They provide details such as engine size and transmission, paint codes, production date, axle code etc. E. Dealer: An enterprise authorized by the manufacturer to market, sell, provide, and service the items for the FSA Cooperative Purchasing Program. Dealers may be vendor-owned and controlled, in whole or in part, or independently owned and controlled. F. Florida Sheriffs Association Cooperative Purchasing Program (FSA): The entity that administers the Invitation to Bid and contract administration functions for this contract. G. End User: A term used to distinguish the person who ultimately uses or is intended to use a product or for whom a product is designed for use. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 7 H. Factory: Refers to the manufacturer produced products. I. Fleet Advisory Committee (committee): An employee of a sheriff’s office or other local governmental agency, or person who FSA identifies as subject matter expert who assists with the development of bid specifications and evaluation of bid responses. The committee makes recommendations to the FSA and is not responsible for final awards. J. Invitation to Bid: A competitive solicitation and award process established through the issuance of an invitation to bidders, vendors, dealers and manufacturers to submit a price offer on a specific product to be provided. This term shall include the bid specifications available to bidders on the bid system and references to solicitation documents. The term shall not include request for proposals, request for quotes, request for letters of interest, or the solicitation of purchase orders based on oral or written quotations. K. Manufacturer: The original producer or provider of items offered on this contract. L. Manufacturer’s Suggested Retail Price (MSRP): Manufacturer’s Suggested Retail Price (MSRP) represents the Manufacturer’s recommended retail selling price, list price, published list price, or other usual and customary price that would be paid by the purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: a. Manufacturer’s Computer Printouts b. Chrome Systems, Inc.’s PC Carbook Plus and PC Carbook Fleet Edition c. Manufacturer’s Annual U.S. Price Book d. Manufacturer’s official website M. Non-Scheduled Options: Any optional new or unused component, feature or configuration that is not included or listed in the base specifications or options. N. Production Cutoff: A date used by manufacturers to notify vendors and dealers that the factory has reached maximum capacity for orders or are discontinuing the production of an item. Vehicle manufacturers use this term when referring to any given model year for production. O. Published List Price: A standard “quantity of one” price currently available to government and educational purchasers, excluding cooperative or volume discounts. P. Purchaser: A purchaser is an entity that seeks to obtain items awarded on this contract by meeting the eligible user criteria or with vendor approval. Q. Purchase Order: A request for order from a purchaser to an awarded vendor for an item that has been awarded on this contract. Purchase orders placed using this contract formalize the terms and conditions of this contract under which a vendor furnishes items to a purchaser. R. Qualification Packet: This document contains the required forms, attestations, authorizations, and organizational information needed by bidders to submit a successful and complete bid. S. Terms & Conditions: This document serves as the governing contract for the identified FSA contract and bid. Standard regulations, processes, procedures, and compliance requirements are identified herein. Bidders complete a qualification packet during the bid process indicating they agree to comply with the Terms & Conditions, and that this will serve as a contract for both parties. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 8 T. Third Party Supplier: Businesses external to a bidder or vendor that provide products and services which contribute to the overall finished item in this contract. Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. U. Vendor: The bidder that has been awarded, who agrees to provide the contract items that meet the requirements and base specifications of the contract. The vendor must agree to the contract terms and conditions, which will serve as the governing contract. V. Vendor Installed: A product or service provided by the vendor or other third party; not the factory. 1.09 ELIGIBLE PURCHASERS OF CONTRACT Awarded bids, or contract prices, will be extended and guaranteed to the Florida Sheriffs Association, any unit of local government, political subdivision or agency of the State of Florida. This includes, but is not limited to counties, municipalities, sheriffs’ offices, clerks, property appraisers, tax collectors, supervisors of elections, school boards or districts, water management districts, other special districts, police and fire departments, emergency response units, state universities and colleges, or other state, local or regional government entities within the State of Florida. Eligible purchaser also includes all Eligible Users as defined in F.A.C. 60A-1.001(2). All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition, bids can be extended and guaranteed to other entities approved by manufacturers to participate in this contract, which can include out-of-state sales. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer’s agreement, and must agree to the terms and conditions of this contract. 1.10 LEGAL REQUIREMENTS Federal, State, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder of applicable legal requirements will in no way be a cause for relief from responsibility. Bidders have the option to certify and agree to comply with federal regulations allowing for the acceptance of federal grant funds. By opting in bidders may be able to accept federal and state grant funds from purchasers. This is not a requirement of the bid or contract. Bidders are not required to opt-in; however, they are required to indicate whether they will opt-in or opt-out of federal compliance. Appendix D outlines federal clauses found to generally apply with the FSA contracts. FSA has taken actions to provide and develop information, materials, and resources for bidders, vendors and purchasers that will assist in the use of federal grant dollars with this contract. It is the responsibility of the purchaser to determine compliance for each vendor, if they wish to use federal grant funds for purchase, or intend to request reimbursements using federal dollars. See Appendix D for Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards for requirements that apply to this contract and to awarded vendors. 1.11 PATENTS & ROYALTIES FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 9 The bidder, without exception, shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs in any way arising, directly or indirectly, from the use of such design, device, or materials in any way involved in the work. 1.12 FEDERAL AND STATE STANDARDS It is the intent of FSA that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided. In addition, any applicable federal or State legal or regulatory requirements that become effective during the term of the contract, regarding the commodities and contractual services’ specifications, safety, and environmental requirements shall immediately become a part of the contract. The vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall contact the FSA immediately. 1.13 UNDERWRITERS’ LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters’ Laboratories, or U.L., listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.14 AMERICANS WITH DISABILITIES ACT To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, or any accommodation to review any document or participate in any FSA sponsored proceeding, please contact FSA Human Resources at (850) 877-2165 five business days in advance to initiate your request. TTY users may also call the Florida Relay Service at 711. 1.15 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the FSA Human Resources at (850) 877-2165. 1.16 DISADVANTAGED BUSINESSES As part of the solicitation process FSA makes information available to potentially qualified entities publicly available, and conducts additional outreach to qualified: • Small businesses, • Minority-owned small businesses, • Women-owned small business enterprises, and • Disadvantaged business enterprises. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 10 FSA takes necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible, as recommended by 2 C.F.R. § 200.321. FSA will: • Evaluate whether small, minority, and women’s businesses are potential sources, • Place those qualified small and minority businesses and women’s business enterprises on solicitation lists, and • Search the Small Business Administration, Minority Business Development Agency, and Labor Surplus Area reports for additional potential sources. Bidders self-identify in the qualification packet whether they meet the state and federal definitions of a disadvantaged business. 1.17 ANTI-DISCRIMINATION The bidder certifies that they are in compliance as applicable by federal or state law with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.18 BEST COMMERCIAL PRACTICES The apparent silence or omission of any description from the specifications shall be regarded as meaning that only the best commercial practices, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be upon the basis of this statement. 1.19 PUBLIC ENTITY CRIMES (PEC) In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management Services following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a vendor, supplier, sub-vendor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.20 TAX EXEMPTION Purchasers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the purchaser’s Federal Excise and State Taxes and Use Certificate Number. The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Taxes. State Sales Tax and Use Certificate Number is 85-8012646919C-3. 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict, the conflict may be resolved in the following order of priority (highest to lowest): • Addenda to Contract Terms and Conditions, if issued • Contract Conditions FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 11 • Addenda to Bid Specifications, if issued • Bid Specifications • Bidder Instructions • General Conditions 1.22 COMMUNICATIONS Communications between a bidder, lobbyist or consultant and FSA are limited to matters of process or procedure and shall be made in writing to the FSA CPP Staff. Bidders should not rely on representations, statements, or explanations other than those made in this bid or in any written addendum to this bid, and no oral representations, statements, or explanations shall be deemed to bind the FSA or eligible users. 1.23 CLARIFICATION AND ADDENDA Any questions or clarifications concerning the Invitation to Bid shall be submitted to FSA by e-mail to CPP@flsheriffs.org with the bid title and number referenced on all correspondence. Final questions must be received by the date for Request for Clarification stated on the Bid Calendar. Questions and answers will be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar. Questions received during the cone of silence date listed on the bid calendar will not be addressed, except as provided herein. Interpretation of the specifications or any solicitation documents will not be made to the bidder verbally, and if any verbal clarifications are provided they are without legal effect. FSA will make every attempt to e-mail updates to registered bidders. However, posting to the FSA website or the bid system constitutes proper notice of addenda. The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are required. Any such addenda shall be binding on the bidder and shall become a part of the solicitation document. In the event of conflict with the original specifications, addenda shall govern to the extent specified. Subsequent Addenda shall govern over prior Addenda only to the extent specified. The FSA will not be responsible for any explanation or interpretation made verbally or in writing except those made through the posting of a Formal Addendum. The bid submission constitutes acknowledgment of addenda to the specifications. Bids that fail to account for the specification addenda shall be determined to be nonresponsive; however, the FSA may waive this requirement in its best interest. After the start of the contract term, FSA will notify all vendors of any addenda and will require acknowledgement of the new terms and conditions. If the vendor does not agree to the new terms and conditions, the vendor’s award can be removed or replaced by another vendor or qualified responsive bidder. 1.24 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the FSA. The bid submission must be signed by an authorized representative. Submission of a bid in the FSA bid system constitutes a signed bid for purposes of bid evaluation. An electronic signature may be used and shall have the same force and effect as a written signature. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 12 1.25 ASSIGNMENT OF CONTRACT No right or interest in this contract may be assigned, transferred, conveyed, sublet or otherwise disposed of, without prior written consent of the FSA. If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor-in-interest must perform all obligations under this contract. FSA reserves the right to reject the acquiring entity as vendor. A change of name agreement will not change the contractual obligations of the vendor. In the event a manufacturer reassigns the product line to an alternate company, the vendor is required to immediately notify the FSA in writing of the change within 10 business days confirming the reassignment. If the vendor is not already an approved FSA vendor, the alternate company is required to submit a Qualifications Packet to the FSA to become an approved vendor prior to conducting any qualified sales. FSA may approve such assignments of existing or new vendors at its discretion. The vendor is required to honor the contract pricing and all of the applicable terms and conditions throughout the remaining term of the contract. 1.26 TERMINATION OF PRODUCT LINE If a vendor terminates a product line (manufacturer or brand), the vendor is required to notify the FSA within 10 business days of the decision not to retain the product line. FSA may remove the terminated products from the contract. 1.27 METHOD OF AWARD The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids meet the requirements of this solicitation. The FSA reserves the right to make multiple awards for each item, if deemed in the best interest of the FSA and the purchasers. Awards will be posted on the FSA website according to the date posted in the bid calendar. 1.28 DEMONSTRATION OF COMPETENCY Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment” and “organization" as used herein shall be construed to mean a fully equipped and well- established company in line with the best business practices in the industry and as determined by the FSA. The FSA may consider any evidence available and may require submission of supporting documentation regarding the financial, technical and other qualifications and abilities of a bidder, including past performance with the FSA in making the award. The FSA may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also require information from the source of supply regarding the quality, packaging and characteristics of the products. Any conflicts between this material information provided by the source of supply and the information contained in the bid submission may render the bid nonresponsive. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 13 Pre-award inspection of the bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services as described in this bid. Information submitted in the bid may not be plagiarized and, except in the case of materials quoted from this solicitation or developed by the manufacturer, must be the original work of the individual or company that submits the bid for evaluation. 1.29 VENDOR ABILITY TO PERFORM During the contract period, FSA may review the vendor’s record of performance and may require submission of supporting documentation to ensure that the vendor is providing sufficient financial support, equipment and organization. If the FSA determines that the vendor no longer possesses the financial support, equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract awarded. By responding to this procurement, the vendor warrants that, to the best of his or her 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 vendor’s ability to satisfy the obligations of the contract. The vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any other state or the federal government. The vendor shall immediately notify the FSA and purchaser in writing if its ability to perform is compromised in any manner during the term of the contract. 1.30 FINANCIAL RESPONSIBILITY Bidder affirms by the submission of the bid and by signature on the contract signature form that the bidder: • Has fully read and understands the scope, nature, and quality of work to be performed or the services to be rendered under this bid and has adequate facilities and personnel to fulfill such requirements. • Accepts the financial responsibility associated with this bid and declares that they have the access to capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award. • Has assessed the financial responsibility required to serve the contract as bid, including such details as the obligations to perform all items bid, zones bid, and quantities that could be ordered, as well as timing of payment from purchasers, which can be 45 calendar days from receipt of invoice. 1.31 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest-grade workmanship that meet or exceed federal safety standards. Items requiring certification should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are not certified, the vendor must disclose to the end user that the non-certified options are not required to be certified. All options must meet or exceed federal safety standards. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 14 1.32 NONCONFORMANCE Items may be tested for compliance with specifications. Items delivered that do not conform to specifications may be rejected and returned at the vendor's expense. Items not meeting the specifications and items not delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA contract. Any violation of these stipulations may also result in: • Vendor's name being removed from the awarded vendor list. • FSA and purchasers being advised not to do business with vendor. 1.33 GRATUITIES Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the FSA, for the purpose of influencing consideration of this bid. Bidders shall disclose in writing any conflicts of interest to FSA prior to any award, or as soon as practical after learning of any such conflict, including any contractual or employment relationships with FSA or potential purchasers of bidders’ products or services. 1.34 TIE BIDS FSA has the right to award multiple bidders the primary or alternate award in the event of a tie. In the event the FSA desires to break tie bids, and both businesses have qualifying drug-free work programs, the award will be made using the following criteria: • Bidder within the State of Florida • Vendors performance record with purchasers • Coin Toss 1.35 RIGHT TO AUDIT Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify vendor’s sales. FSA and its authorized representatives shall have the right to audit and to make copies of all related records pertaining to this contract, including all government sales and eligible users information whether kept by or under the control of the vendor, including, but not limited to those kept by its employees, agents, assigns, successors, sub-vendors, or third-party suppliers in whatever form they may be kept – written or electronic. Such records shall include, but not be limited to: • Accounting records, including but not limited to purchase orders, confirmation of orders or invoices, paid vouchers, cancelled checks, deposit slips, ledgers, and bank statements • Written policies and procedures; • Subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); • Original estimates, quotes, or work sheets; • Contract amendments and change order files; • Insurance documents; or • Memoranda or correspondence. Vendor shall maintain such records during the term of this contract and for a period of three (3) years after the completion of this contract. At the vendor’s expense and upon written notice from FSA, the vendor shall provide such records for inspection and audit by FSA or its authorized representatives. Such records shall be made available to FSA during normal business hours within three business days of receipt of the written notice. FSA may FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 15 select the vendor’s place of business or offsite location for the audit. The FSA may also request the vendor provide requested records via e-mail. Vendor shall ensure FSA has these rights with vendor’s employees, agents, assigns, successors, and third-party supplier and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the vendor and any sub-vendors to the extent that those subcontracts or agreements relate to fulfillment of the vendor’s obligations to FSA. Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed elsewhere will be the responsibility of the FSA. However, if the audit identifies under reporting, overpricing or overcharges (of any nature) by the vendor to FSA or a purchaser in excess of three percent (3%) of the total contract billings, the vendor shall reimburse FSA for the total costs of the audit not to exceed $5,000. If the audit discovers substantive findings related to fraud, misrepresentation, or non-performance, FSA may recoup all the costs of the audit work from the vendor. Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor’s invoices or records shall be made within a reasonable amount of time (not to exceed 60 calendar days) from presentation of FSA’s findings to vendor. FSA has the right to assess damages or seek reimbursements or refunds based on audit results. 1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. Where vendors are required to enter or go onto FSA or purchaser property to deliver materials or perform work or services as a result of a bid award, the vendor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance. The vendor shall be liable for any damages or loss to the FSA or purchaser occasioned by negligence of the vendor or any person the vendor has designated in the completion of the contract as a result of the bid. 1.37 BID AND PERFORMANCE BONDS Bid Bonds, when required, shall be submitted with the bid in the amount specified in Bidder Instructions. Purchasers may request a performance bond from a vendor. Performance bonds are recommended with pre- payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in comparing performance bond expense against any prior discounts that may be available. 1.38 ELIMINATION FROM CONSIDERATION This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA, whether in relation to current or previous bid awards or for other business purposes. 1.39 COLLUSION Collusion is a non-competitive secret or sometimes illegal agreement between rival bidders that attempts to disrupt the contract process equilibrium. Collusion involves people or companies that would typically compete, but are conspiring or working together in which the outcome results in an unfair bid advantage. The parties may FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 16 collectively choose to agree to increase or decrease the item base price in one or more zones to maximize awards thus denying purchasers a fair price. Bidders or vendors who are found to have engaged in collusion will be considered nonresponsive, and will be suspended or barred from bid participation. Any contract award resulting from collusive bidding may be terminated for default. Further, any collusion that is detected by the FSA may be reported to relevant law enforcement and/or prosecutorial agencies. Bidders may submit multiple bids without conflict of collusion if the bid submitted is not from the same manufacturer and product line. Dealers which share the same ownership may submit multiple bids without conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product line. 1.40 DEFAULT In case of default on the part of vendor, the FSA may take necessary steps to otherwise procure the products sought, including but not limited to procuring the products or services from the next highest ranked bidder or from other sources. A defaulting vendor may be held liable for costs incurred by the FSA in procuring replacement products. 1.41 PROTESTS AND ARBITRATION Any person who is adversely affected by the decision or intended decision to award shall file a “Notice of Protest” in writing to the FSA within three (3) business days after the posting of the Intent to Award and shall file a formal written protest within five (5) business days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s). The formal written protest must state with particularity the facts and law upon which the protest is based. Options are for informational purposes only and will not serve as a basis for protest. Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and validity, and corrective action will be taken as needed contingent upon the validity of such claims. However, any additional time required and cost incurred by the FSA to substantiate a protesting party’s claim(s) beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party’s filing will be reimbursable to the FSA and deducted from the protesting party’s bond or security which must accompany their filing. Any bidder who files an action protesting a decision or intended decision pertaining to this contract shall post a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the item being protested. The bond, cashier’s check or money order must be filed at the time of filing the formal written protest or within the five (5) business day period allowed for filing the formal written protest. FSA will provide the amount required within two (2) business days of the notice of protest received. This bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party’s claim(s). Failure to post the bond or security requirement within the time allowed for filing will result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA within three (3) business days of the FSA bid protest decision regarding their intent to request arbitration. A demand for FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 17 arbitration with the American Arbitration Association’s (AAA) commercial panel under its rules and regulations must be made within ten (10) business days of the FSA bid protest decision. Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. This amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to provide written notice to FSA, file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. By responding to this procurement, the bidder expressly agrees to the use of mandatory binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in any way relating to the procurement process, and expressly waives any and all rights that it may otherwise have to pursue such claims in any other forum, judicial or otherwise. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party incurred in connection with the arbitration. However, if the filing party prevails, the parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs Association. 1.42 NONPERFORMANCE By virtue of the bid submission, bidder acknowledges its obligation to sell items in all zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per item, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA’s discretion. The vendor shall at all times during the contract term remain responsive and responsible. In determining vendor’s responsibility, the FSA shall consider all information or evidence that demonstrates the vendor’s ability or willingness to fully satisfy the requirements of the solicitation and the contract. Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages, suspended or terminated from the contract. The FSA at its sole discretion may remove a noncompliant vendor from future competitive bid solicitations; or take other actions including suspension from the contract until compliance issues are resolved, limit current or future vendor participation by items or zones, or other actions as determined by FSA at its sole discretion. At FSA’s discretion, vendors may be required to develop corrective action plans to address contract compliance. Failure to abide by corrective action plans will result termination from the existing contract and future competitive bid solicitations at the discretion of the FSA. In situations where there is evidence that the vendor has engaged in egregious breaches of the contract with respect to either the FSA and/or the purchaser, the contract can be terminated and the vendor will be removed from future solicitations for a period of up to three (3) years, or a permanent ban from the bid process at the sole discretion of FSA. Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory or vendor installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 18 consent of the purchaser, any misrepresentation of optional equipment or service as being factory that fails to meet the definition as described in this document, and any other practice deemed to be inconsistent with the intent of the contract. Any vendor presented with a valid purchase order consistent with vendor bid quotes or other agreed upon terms and pricing is required by this contract to accept such purchase order and deliver the product. Orders must be fulfilled if the item is a base model or whether it includes options. The vendor must deliver this product if they were awarded the contract – regardless of profit or loss. Failure to deliver the item may result in the purchaser seeking damages for the difference of cost to issue the exact same order with another vendor plus any legal fees and damages that may be incurred in the process to facilitate a completed order. Additionally, FSA may seek damages for nonpayment of administrative fees, to which FSA is entitled, according to Section 3.28 and any attorney’s fees incurred in the recovery of these damages. 1.43 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms. 1.44 TERMINATION FOR CAUSE If through any cause within the reasonable control of the vendor, it shall fail to fulfill in a timely manner, or otherwise violate any of the terms of this contract, the FSA shall have the right to terminate the services remaining to be performed. Written notice of the deficiencies shall be given to the vendor and unless the deficiencies are corrected within 10 business days, the contract may be terminated for cause immediately. The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA, and the failure to exercise such right shall not be deemed to constitute a waiver of this right. In that event, the FSA shall compensate the successful bidder in accordance with the contract for all services performed by the bidder prior to termination, net of any costs incurred by the FSA as a consequence of the default. Notwithstanding the above, the vendor shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the contract by the vendor, and the FSA may reasonably withhold payments to the vendor for the purposes of offset until such time as the exact amount of damages due the FSA from the vendor is determined. 1.45 TERMINATION WITHOUT CAUSE The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor of such termination, which shall become effective 30 calendar days following receipt by vendor of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the FSA. The vendor 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 vendor shall not be entitled to recover any lost profits that the vendor expected to earn on the balance of the contract or cancellation charges. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 19 Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract. 1.46 CONTRACT ADVERTISMENT AND USE OF FSA LOGO The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program. The logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version received from the FSA. Modifications are not permitted. Methods of use include, but are not limited to: • Electronic mediums such as websites, digital marketing campaigns, social media and e-mail; or • Print media such as forms, marketing campaigns, business cards, posters, banners, brochures, flyers and postcards. Vendors may request the logo by contacting cpp@flsheriffs.org, and should include a brief description of how the vendor intends to use the logo. The official FSA sheriff's star and wreath logo may not be used without prior written permission. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 20 2.0 BIDDER INSTRUCTIONS 2.01 QUALIFICATION Bidders are required to complete the qualification packet as part of the bid submission. A bidder becomes a qualified bidder if they comply with this section and Section 2.11, Mandatory Pre-Bid Meeting. Qualification Packet information required for bid qualification include: • Qualification form o Contact Information o Business Profile o References o Disqualifications & Defaults o Warranty Service Plan Attestation o Emergency Technician Attestation • State compliance attestations o E-Verify o Drug-Free Workplace o Workers Compensation o Motor Vehicles Dealer and Brokers license • Federal compliance attestations o Certification Regarding Debarment and Suspension o Certification Regarding Lobbying • Contract Signature Form • Insurance Checklist 2022 o Certificates of Insurance due by September 26th for awarded vendors The qualification packet is located on the bid system. 2.02 LICENSING AND FACILITIES Bidders are required to possess a Florida Motor Vehicle Dealer’s License in order to bid on any motor vehicle. Bidders must maintain a repair facility within the State of Florida to provide warranty service for the items bid. If bidders do not have a facility, the bidder must be able to assist purchasers in obtaining warranty work as authorized by the manufacturer. If a bidder does not maintain a facility within the State of Florida, the bidder must have a plan as to how the bidder would service Florida purchasers if awarded the contract. This warranty service plan must demonstrate that the warranty work will be timely and satisfactorily performed and should include: • Whether the warranty service provider is approved by the manufacturer; • If the bidder plans to contract out for service, a copy of the service agreement; and • Zone specific service plans to include: o Response time to initial call from purchaser, o Number of personnel available to service the contract, o Qualifications of personnel providing warranty work, and o Any additional information that would detail how warranty service would be provided. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 21 The sufficiency of the Warranty Service Plan may be evaluated by the FSA. The FSA reserves the right to request additional information from a bidder regarding the facility during the solicitation and the term of the contract, if awarded. The FSA may also exercise discretion in examining such facility as deemed necessary. 2.03 INSURANCE AND INDEMNIFICATION Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name and description, including legal counsels’ 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 bidder, its agents, employees, partners, or third party suppliers; provided, however, that the bidder shall not indemnify for that portion of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies. Vendor’s obligations under the above paragraph with respect to legal action are contingent upon the Florida Sheriffs Association and/or participating agencies giving the bidder (1) written notice of any action or threatened action, and (2) the opportunity to take over and settle or defend any such action at bidder’s sole expense. Vendor shall not be liable for any cost, expense or compromise incurred by the Florida Sheriffs Association, or participating agencies, in any legal action without bidder’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. The Insurance Checklist summarizes the bidder’s insurance coverage obligations, if awarded. Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be provided no later than five business days prior to the contract award date. The vendor may not begin performance under the contract until such Certificates have been approved by the FSA. The certificate must state Bid Number and Title. FSA must be named as an additional insured for the duration of the contract. The vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the amount and coverage levels specified on the Insurance Checklist. The vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the vendor is acting as an independent contractor. The vendor shall be responsible for the work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular contract. The vendor at all times during the full duration of work under this contract, including extra work in connection with this contract, shall meet the requirements of this section. The vendor shall maintain automobile liability insurance including property damage covering all owned, non- owned, hired and scheduled automobiles, when used in connection with the delivery or service of this contract. The vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist when the garage is used to complete work on this contract. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 22 All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of B+ or better per the AM Best Rating. FSA required insurance coverages must be maintained through the duration of the contract. Upon expiration of the required insurance, the vendor must email updated certificates of insurance for as long a period as any work is still in progress. No change or cancellation in insurance shall be made without 30 calendar days written notice to the FSA. It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The vendor hereby agrees to indemnify and hold harmless the FSA, a 501(c)3, its officers, agents, and employees from all claims for bodily injuries to the public and for all damages to the property per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the vendor, his agents, servants, or employees, or through the mere existence of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of competent jurisdiction. The vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The vendor will secure and maintain policies of third-party suppliers. All policies shall be made available to the FSA upon demand. Compliance by the vendor and all third-party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the vendor and all third-party suppliers of their liabilities and obligations under any section or provisions of this contract. Vendor shall be as fully responsible to the FSA for the acts and omissions of the third-party suppliers and of persons employed by them as they are for acts and omissions of persons directly employed by the vendor. The FSA can request and the vendor shall furnish proof of insurance within seven calendar days of receipt of the written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance during the contract term, the FSA shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements; the FSA may consider alternate insurance coverage. 2.04 SPECIFICATIONS FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 23 All items covered by this contract and the specifications shall be the manufacturer’s current basic production model, and shall, as a minimum, be equipped with all standard factory equipment in accordance with the manufacturer’s latest literature unless otherwise noted in the bid system or FSA base specification. If awarded, bidders must supply an item that either meets or exceeds all the requirements included in the applicable specifications. The bid specifications are contained in the FSA bid system, may be requested from FSA and are retained within FSA’s archive. As part of the bid submission, all bidders will be required to provide information confirmation that the item bid meets the base specification or may have their bid rejected. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle into compliance with the contract specifications. FSA develops the specifications with subject matter experts and publicly available information. However, FSA does not have access to full details from the manufacturer and relies on bidders to assist in this process. Bidders should immediately notify the FSA of any inaccuracies in the specifications. All notifications of inaccuracies must be in writing. 2.05 FIXED PRICES If the bidder is awarded a contract under this Invitation to Bid, the prices quoted by the bidder at the time of bid submission shall remain fixed and firm during the term of this contract, unless otherwise addressed in a contract extension or price adjustment as provided herein. 2.06 DISCOUNTS Discounts listed in FSA22-VEL30.0 Pursuit, Administrative and Other Vehicles, and FSA22-VEH20.0 Heavy Vehicles and Buses bids shall be below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturer’s published list price for any item and options. The vendor has the authority to offer additional discounts based on quantity, as well as additional manufacturer or vendor discounts. Discount ranges are not permissible. Discounts must be a whole, positive percentage with no decimal place (e.g. 10%). 2.07 SEALED BIDS For purposes of this solicitation, a sealed bid is considered a bid submitted using the FSA bid system. 2.08 EXCEPTIONS Any requested exceptions, deviations, or contingencies a bidder may have to the terms and conditions must be documented in bidder’s submission. Exceptions to the item specifications at the time of the bid submission shall reference the item number, make and model. FSA has the discretion to grant or deny, in whole or in part, the bidders requested exception, deviation or contingency to the specifications or terms and conditions. Bidder acknowledges that if FSA rejects the proposed exceptions, the bid may be disqualified. 2.09 MISTAKES Bidders are expected to examine the item specifications, delivery schedules, bid prices and all information pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 24 2.10 EQUIVALENTS Prior to the opening of the bid system, bidders may request item equivalents. The bidder must submit the manufacturer name and model number (or product identifier) of each equivalent requested to FSA. Complete, descriptive, technical literature should demonstrate that the equivalent conforms with specification. If a bid uses equivalents without prior approval, the bid may be disqualified. 2.11 MANDATORY PRE-BID MEETING Prospective bidders are required to attend or participate in the mandatory Pre-Bid Meeting. The Pre-Bid Meeting is designed for vendors, the Fleet Advisory Committee and the FSA to clarify questions on the terms and conditions and to confirm all item specifications. Questions relating to the items, specifications, the bid process, or award can be asked at the Pre-Bid Meeting. Bidders have the opportunity to suggest technical modifications or corrections before the item specifications are finalized. FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested authorization, signs a memo to agree to meet all the terms and conditions without exception and further waives their right to protest the bid process in its entirety or any portion thereof. 2.12 PRICES QUOTED Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a period of sixty (60) calendar days from the date of bid opening. Each item, make, and model must be priced and bid separately. Prices quoted in the bid submission should reflect the final amount the bidder can expect to receive for payment for the items bid for the duration of the contract, unless otherwise provided in the contract. These prices must be inclusive of all of the components included in the base specification. Once awarded, the vendor has the authority to offer discounts for prompt payment. Cash or quantity discounts offered will not be a consideration in determination of award of the bid. Prices bid, including options, must include the administrative fee FSA charges to administer the contract, as outlined within these terms & conditions. The administrative fee is three quarters of one percent (.0075). Prices must be Free On Board (FOB) destination. 2.13 OPTION PRICING FSA requests vendors include most frequently purchased scheduled, factory and aftermarket options in the bid system. The bidder shall offer a discount below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturer’s published list price for any options included in the bid submission and quotes to purchasers, if awarded. Discounts can be provided beyond option prices listed in the contract. The additional discounts for each option shall be decided by the bidder. The FSA has the discretion to disqualify bidders if the option pricing is excessive or if options listed are not available for the item bid. Options are intended to add or delete equipment or features from the base specification. Options can provide an upgrade or downgrade to a manufacturer’s model, such as a slightly different engine size or horsepower, and should not be made available for purchase separate from the base item. Bidders shall NOT use options to create an item that is available as another item bid on this ITB. The use of options to facilitate the sale of an alternate manufacturer’s product which is outside the scope of the base specification will be determined nonresponsive and FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 25 the bid will be rejected in whole or part by the FSA. Bidders must disclose which options require the purchase of other options or are dependent on another option in their bid submission. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately. Bidder must use proper manufacturer codes for all factory options. Options available through the factory should be bid and supplied to purchaser as “factory” options, unless otherwise requested in writing by the purchaser. Factory package options are allowable under this contract. Factory package options included in the bid submission must detail what components the package includes. If a bidder will offer registration and title services as a fee for service, the bidder must include the administrative fee as a separate option (i.e. line item) for each item bid. Government imposed fees should not be included in this option pricing. If the bidder wishes to offer credit to the purchaser for an option that is standard on the FSA base specification, the bidder should include the word “Credit” at the beginning of the description field, and continue to describe the option being credited. For example, “Credit: one key fob” and enter the price the bidder will credit the purchaser. For purposes of this bid, Emergency Lights and Sirens will require a separate pricing sheet and option upload in the bid system. Section 2.14 contains specific instructions and exceptions for emergency lights and sirens. 2.14 EMERGENCY LIGHTS AND SIRENS Under Florida Statute 316.003(1), authorized emergency vehicles are defined as: “Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective departments or the chief of police of an incorporated city or any sheriff of any of the various counties.” Bidders that will provide or contract to provide emergency light and siren installation must only use installers that possess a current Emergency Vehicle Technician Certification, or an approved equivalent. FSA may request certificates for a vendor’s installers at any time during the contract term. Labor may be charged for the installation of emergency lights and sirens. Labor rates must be disclosed as part of the bid submission. Bidders may not charge for labor for vehicles that are manufactured with emergency lights and sirens, including motorcycles. Prices submitted for emergency lights and sirens shall include all applicable government-imposed fees. Bidders that install emergency lights and sirens are required to provide and install products that are Society of Automotive Engineers (SAE) certified. SAE Certifications must include Class 1, Class 2 and Class 3 in order to be eligible for participation in the contract. If a lighting or siren product installed on an emergency vehicle is not SAE Certified, the vendor can be found in default of the contract. Bid Submission of Emergency Lights and Sirens If offering emergency lights and sirens, bidders will be asked to provide pricing by submitting a pricing sheet. An emergency vehicle lights and siren option pricing template is offered in the bid system. Bidders are encouraged, but not required to use the template. If item or specification group is helpful to display light and siren options, bidders may categorize the pricing sheet by item group. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 26 Items listed below are required for the submission of the pricing sheet: • Order code • Description to include manufacturer • Price (part only) • Estimated labor hours • Labor cost per hour 2.15 SUBMITTAL OF BID Bidders must submit a bid electronically using the bid system. Bid submissions include pricing for the base specification, option descriptions and pricing, and any applicable lighting/siren pricing, as well as required documentation. The bid must be received by the date and time specified on the Bid Calendar seen in Appendix B. Failure to meet all submission requirements by the date indicated on the Bid Calendar will result in rejection of the bid. Bid System: VendorLink The bid system is located at https://www.myvendorlink.com. Bidders are encouraged to participate in training provided. Usernames and passwords will be issued to bidders after registering in the bid system. Contact VendorLink at support@evendorlink.com if technical issues arise during bid submission. Prices are to be rounded to the nearest whole dollar. If a bidder submits bid pricing using cents, the following formula will be applied: $.01-.49 will be rounded down to the dollar bid (e.g., $50.49 = $50) and $.50-.99 will be rounded to the next dollar (e.g., $50.50 =$51). Bid Submission To ensure correct bid submittal and formatting, bidders shall: • Input a bid price for each item by zone. • Upload files as instructed in the bid system; files requested will be in Excel or .pdf. • Follow all instructions outlined in this ITB and provide all requested information. The bid shall include the following documents: • Executed Qualifications Packet. • Build sheet for each item bid as a single .pdf • Pricing Sheet for Emergency Vehicle Lights and Sirens, if applicable. • Any requested exceptions or equivalents. Option Upload An option sheet should be submitted for each item bid. The bid system will accept option information for each item through a .pdf file upload. Each option sheet should include a header to identify the FSA contract title and number, the bidder name, item number, make and model. Information required for the bid submission must comply with the terms and conditions. Each option sheet should include: • Manufacturer order code • Description • Price Bidders may also choose to add MSRP and the discount offered to their option pricing sheet. If option pricing is not uploaded correctly, FSA may require bidders to correct the issue, but bidders may not modify the price. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 27 FSA may ask awarded bidders to supply one hard copy set with digital signatures and original compliance forms, prior to the contract execution. Hard copy bids should not be submitted unless specifically requested by FSA. FSA is not responsible for bidder’s improper use of the bid system. Exceptions will be granted to this section should any bid system malfunctions occur. 2.16 ZONE BIDDING Bidders may bid in one or more geographic zones. The zone map is included in Appendix A. Bidders must submit pricing for each zone they wish to be evaluated. 2.17 EXECUTION OF BID By submitting a response to this Invitation to Bid, the bidder agrees to the terms and conditions of this contract and to be bound by such terms and conditions if selected for award. The bidder must submit the Contract Signature Form with the signature of an authorized representative no later than the bid submittal due date. All terms and conditions are applicable throughout the term of the contract and not specific to any given year, make or model. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 28 2.18 MODIFICATION OR WITHDRAWALS OF BIDS A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date and time of the bid submission listed in the Bid Calendar. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the contract award. If a bidder must withdraw the bid, the bidder must contact FSA immediately. Bid withdrawals are handled on a case-by-case basis, and can result in a limitation of participation in future bids. 2.19 LATE BIDS The responsibility for submitting a bid before the due date and time on the bid calendar is solely and strictly the responsibility of the bidder. The FSA is not responsible for delays caused by technical problems, any internet outages or delays incurred by electronic delivery, or any other occurrence. Any reference to time will be based on Eastern Time. 2.20 BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar. The bid opening may occur at the Florida Sheriffs Association, 2617 Mahan Drive, Tallahassee, Florida, or may be offered online. FSA will provide a bid inspection period for bidders following the bid opening. The date, time and duration will be announced prior to the bid opening. 2.21 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, the bid must conform in all material respects to the requirements stated in the contract. As set forth in Section 2.26, FSA reserves the right to waive or allow a vendor to correct minor irregularities. 2.22 RESPONSIBLE BIDDER CRITERIA Bids will be evaluated to determine if qualifications and contract requirements are met. Responses that do not meet all requirements of this Invitation to Bid or fail to provide all required information, documents or materials may be rejected as nonresponsive. Bidders whose responses, 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. In determining a responsible bidder, the following factors may be considered: • Adequacy of facilities, staffing, and financial resources; • Previous experience with FSA contract or other similar government contracts; • Ability to provide excellent customer service, including previous FSA contracts; and • Any other information relevant to the responsibility of a vendor that FSA is aware of. In addition to the requirements of set forth by these Terms & Conditions, FSA reserves the right to request staffing, performance and financial information from any bidder during the evaluation process. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 29 FSA reserves the right to determine which responses meet the requirements, specifications, terms and conditions of the solicitation, and which bidders are responsive and responsible. FSA further reserves the right to limit participation of bidders who, in FSA’s sole discretion, are determined to present responsibility concerns that call into question the bidder’s ability to perform but that do not rise to the level of requiring rejection of the bidder as non-responsible. 2.23 BASIS FOR AWARD The FSA shall make awards to the lowest bidder by item, by manufacturer, and by zone to bidders deemed to be responsive and responsible. Awards may also be made to the second and third lowest bidders by item, by manufacturer and by zone, and determined to be in the best interest of the FSA and the purchaser. FSA has the discretion to consider option pricing in making the award. Awards will not be given to any parties listed on the government wide exclusion in the System for Award Management. See Appendix D, II to 2 CFR Part 200. FSA reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality or omission if it determines that doing so will serve the purchaser’s best interest. 2.24 FIRM BID Bidder warrants by virtue of bidding it is submitting a firm bid and the prices quoted in their bid response will be good for an evaluation period of sixty (60) calendar days from the date of bid opening, and if awarded, through the duration of the contract unless otherwise addressed by a contract extension or price adjustment as provided in this contract. By virtue of the bid submission, bidder acknowledges its obligation to sell items in all zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per item, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA’s discretion. 2.25 BID TABULATIONS The Bid Tabulation report will be posted on the FSA Cooperative Purchasing Program website after the bid submission closes. If there is a delay in posting the bid tabulation results, FSA will post a notice of the delay and a revised date for posting of results. 2.26 MINOR IRREGULARITIES/RIGHT TO REJECT The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any minor irregularity, technicality or omission if the FSA determines that doing so will serve its best interest or the best interest of the purchasers. A minor irregularity is a variation from the terms and conditions of this procurement that does not affect the price of the bid or give the bidder a substantial advantage over other bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers. At its option, the FSA may allow a bidder to correct minor irregularities but is under no obligation to do so. In doing so, the FSA may request a bidder to provide clarifying information or additional materials to correct the irregularity. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 30 However, the FSA will not request and a bidder may not provide the FSA with additional materials that affect the price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders. The FSA may also reject any bids not submitted in the manner specified in this document. 2.27 CONE OF SILENCE This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens through the intent to award date as indicated in the Bid Calendar. During this period, all communications regarding this solicitation between FSA and Bidder will cease, except for procedural questions, questions regarding problems incurred in the use of the bid system, or communications initiated by the FSA. All permitted communications during this period shall be made in writing to the t contacts identified in Section 1.01 of this ITB. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 31 3.0 CONTRACT CONDITIONS 3.01 GENERAL REQUIREMENTS Once the bid has been awarded, the terms and conditions of this document become the contract between the FSA and the awarded vendor. The terms and conditions apply to all items purchased from this contract. 3.02 STATEMENT OF AUTHORITY Each person signing the contract warrants that they are duly authorized to do so and binds the respective party to the contract. 3.03 VENDOR CONTACT INFORMATION The vendor shall maintain current contact information with FSA at all times for sales and submission of purchase orders, quarterly reports and administrative fee payments. If a change occurs during the contract, the vendor must notify FSA immediately. 3.04 ADDITIONS OR DELETIONS FSA reserves the right to add or delete any items from this bid or resulting contract when deemed to be in the best interest of FSA and purchasers, at its discretion. This decision to take action may be based upon and not limited to few or no sales, product recalls and other safety issues, vendor or manufacturer performance, or the product’s lack of relevance. 3.05 CONTRACT EXTENSION Contract Extension The contract may be extended by mutual agreement for up to two (2) additional years, on a year-to-year basis. FSA reserves the right to execute a contract extension or to allow the contract to fully or partially terminate and readvertise for bids, whichever is in the best interest of FSA. The vendor may request price adjustments for contract extensions as provided for herein. If no request is received from the vendor, the FSA will assume that the vendor has agreed that the optional term may be exercised without a price adjustment. Any adjustment request received after the execution of an extension may not be considered unless otherwise provided for in this contract. Month-to-Month Continuation In the event a new contract is not active at the time of this contract’s expiration, this contract’s terms and conditions shall extend on a month-to-month basis and shall not constitute an implied extension of the contract. Such a month-to-month continuation shall be upon the compensation and payment provided herein. 3.06 PRICE ADJUSTMENT This contract provides the following options for price adjustments: • Annual Price Adjustments • Changes to Manufacturer Production or Design FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 32 • Manufacturer Certified Adjustments • Equitable Adjustments Price adjustment requests must clearly substantiate a need to increase or decrease the price. Price adjustments will not be considered if vendors are delinquent on administrative fee payments or have outstanding quarterly reports. Annual Price Adjustment The FSA may consider annual price adjustments due to: • Changes in the Producer Price Index (PPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS); or • As a result of changes to national or state standards that require substantial price adjustments. FSA may consider other documentation related to the change to national or state standards, but is not obligated to grant price changes without literature from the manufacturer. The FSA will consider the request and will make a final determination on the change in price. Changes to Manufacturer Production or Design Significant changes by the manufacturer to the production of and specification design may initiate a price adjustment request. FSA will consider order dates, production factors, model year, or other conditions, as well as the replacement or complete redesign of items. Vendors must provide documentation from the manufacturer. Manufacturer Certified Adjustments Vendors must provide documentation from the manufacturer to FSA that shows a legitimate need for price adjustments. Equitable Adjustments The FSA may make an equitable adjustment to the contract terms or pricing at its discretion. 3.07 CONDITIONS It is understood and agreed that any item offered or shipped as a result of this contract shall be the most current model offered. 3.08 PRODUCTION CUTOFF Vendors shall notify the FSA in writing no less than sixty (60) calendar days prior to the close of final order date by the manufacturer when the final order date is during the term of the contract. Purchase orders received by the vendor ten (10) business days prior to the final order date must be accepted and entered into the order system with the manufacturer. Purchase orders issued and received after the production cutoff date will be subject to availability. In this case, the vendor and manufacturer have the discretion whether to choose to provide next year’s model at current year’s prices until the end of the contract term. If the manufacturer cutoff date is during the term of the contract and will affect the purchaser’s ability to obtain the items, FSA may consider substitutions from the same manufacturer. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 33 3.09 FACILITIES The FSA reserves the right to inspect the vendor’s facilities at any time with prior notice. 3.10 PURSUIT RATED VEHICLES & MOTORCYCLES Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation. These evaluations are not designed to recommend a particular product, but to serve as a resource for vehicles which are currently being offered for law enforcement service. To see the full detailed report, click or copy the links below. At the time of the bid there were two nationally recognized authorities: State of Michigan, Vehicle Test Team of the Michigan State Police (MSP) Precision Driving Unit Los Angeles County Sheriff’s Department Law Enforcement Vehicle Test and Evaluation Program Vehicles: 3.11 SPECIAL SERVICE VEHICLES Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on pursuit vehicle testing program/evaluation. These vehicles are labeled as Special Service Vehicle (SSV) and often used in public safety applications and other areas of government. Refer to manufacturers published information for detailed information regarding these vehicles. 3.12 CAB AND CHASSIS PURCHASES Vendors performing upfitting of cab and chassis should be licensed and certified to perform such work. Vendors are responsible for tag and title work if the chassis is completed by the vendor or the vendor’s contracted third- party supplier. The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to cab and chassis purchases. Cab and chassis may be purchased from the vendor without any required additional upfitting by the vendor. Vendors are not responsible for tag and title if an incomplete chassis is requested and sold to the purchaser. 3.13 FACTORY-INSTALLED OPTIONS All options specified as factory-installed are to be installed on the item at the primary site of assembly and is to be the manufacturer’s standard assembly-line product. Aftermarket and vendor-installed equipment will not be accepted as factory-installed. Vendors found supplying aftermarket or vendor-installed equipment where factory- installed are specified shall be required to retrieve all delivered items and supply new items meeting the specifications. All factory-ordered options are to be original equipment manufacturer (OEM) and installed at the primary site of assembly unless otherwise noted by the vendor and acknowledged in writing by the purchaser. Verbal agreements will not be recognized. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 34 3.14 VENDOR-INSTALLED OPTIONS All vendor-installed accessories, equipment, or options shall be installed according to the manufacturer’s specifications. All vendor-installed options must be manufactured by an established manufacturer of the product provided. Vendors are required to disclose make and model of product being offered, design, and model must be approved by the purchaser prior to installation. Prior to any purchase, the vendor must also disclose the warranty of any accessory, equipment or option that is less than or exceeds the factory or equipment warranty coverage. Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the contract in accordance with these terms & conditions. 3.15 NON-SCHEDULED OPTIONS A non-scheduled option is an option not listed on the FSA published award. Vendors may provide non-scheduled options at less than MSRP or the Published List Price. Non-scheduled options should be identified and listed as a separate line item with the price and discount on the purchase order. Non-scheduled options are covered under these terms and conditions. 3.16 FORCE MAJEURE A vendor shall not be penalized for a delay resulting from the vendor’s failure to comply with delivery requirements if neither the fault nor the negligence of the vendor or its employees 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 vendor’s control, or for any of the foregoing that third party suppliers if no alternate source of supply is available to the vendor. 3.17 ORDER To initiate a purchase, a purchase order must be issued to the vendor, which includes: • FSA contract title and number; • FSA item number, and the make and model or item description; and • Purchaser name, phone number and email address. The vendor’s acceptance of a purchaser’s order will indicate that the vendor agrees to deliver an awarded item that will be fully compatible with all of its options. Production schedules and delivery dates should be discussed at the time the quote is provided to the purchaser, or if no quote is provided, when the purchase order is delivered to the vendor. Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase order. The vendor shall assure that all orders are placed in full compliance with the specifications and the terms and conditions of the contract and the purchase order. Any changes that are required to bring an item into compliance with the various options due to an incorrect order will be accomplished at the vendor’s expense. A Confirmation of Order form shall be completed by the vendor and provided to the purchaser and FSA fifteen (15) calendar days from receipt of purchase order without request by the purchaser. Any additional information needed to complete this form should be obtained by the vendor from the purchaser. While it is recommended that an agency purchase from the zone which is closest to their location, it is not mandatory to do so. If the purchaser determines that a vendor in another zone can better serve the purchaser’s needs, the purchaser may order from a vendor in another zone. Vendors that provide awarded items outside of an awarded zone may upon mutual agreement between the vendor and the purchaser charge a delivery fee. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 35 If a vendor receives a purchase order for an item for which they were not awarded, the vendor must notify the purchaser and return the purchase order to the purchaser within three (3) business days. 3.18 REGISTRATION, TAG, AND TITLE Title items shall be the responsibility of the vendor. If the purchaser is a government agency, the purchaser has the right to choose to register and title the item. Costs of registration, tag and title shall not exceed the statutory rates. FSA administrative fee does not apply to the cost of registration, tag and title. 3.19 DELIVERY Vendors are to inspect the item to confirm the item meets or exceeds the FSA base specification, manufacturer specification, and purchase order. Deliveries not complying with these requirements may be rejected and will have to be redelivered at vendor’s expense. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. Delivery schedules shall be agreed to by the purchaser and the vendor. Vendor shall notify the purchaser no less than twenty-four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon delivery details. The vendor shall be responsible for delivering items that are properly serviced, clean and in first class operating condition. Items shall be delivered with each of the following documents completed or included: 1. Copy of the purchase order. 2. Copy of the FSA base specification. 3. Copy of manufacturer’s Invoice, price sheet, build sheet or other documentation that verifies what components are included on the item being delivered 4. Copy of the pre-delivery service report 5. Registration warranty certification 6. Owner’s manual 7. Registration, tag and title or an application for the registration, as applicable All items with fuel tanks of thirty-five (35) gallons or less must contain no less than one quarter (1/4) tank of fuel as indicated by the fuel gauge at the time of delivery. For items that have more than thirty-five (35) gallons, a minimum of one eighth (1/8) of a tank of fuel must be provided. The purchaser has the option to reject a vehicle with more than 350 odometer miles, or may deduct $0.51 cents per mile in excess of 350 miles from the invoice, unless distance above 350 miles was previously approved by the purchaser. Deliveries of less than 350 miles may be accomplished by driving the vehicle. Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer’s break-in requirements and all applicable traffic laws. Any delivery accomplished by driving a pursuit-rated vehicle must use an “OUT OF SERVICE” cover on light bars. Deliveries in excess of 350 miles shall be made by transport, or otherwise approved by the purchaser, however, this requirement shall not apply to incomplete chassis. Items with hour meters must be delivered with fewer than five (5) hours on the hour meter or may be rejected by the purchaser. The purchaser may choose to negotiate a lower purchase price when the item exceeds five (5) hours. When items require service or adjustments upon delivery, the vendor shall either remedy the defect, or be responsible for reimbursing the manufacturer’s local authorized representative or other service provider to remedy the defect. Such service or adjustments shall be initiated by the vendor within 48 hours after notification FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 36 by a purchaser, not to include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory, and the item is redelivered or repaired. The cost of any transportation required to address the defect shall be the responsibility of the vendor until the items are satisfactory and accepted by the purchaser. 3.20 INSPECTION AND ACCEPTANCE Final acceptance shall be given only after the purchaser inspects or confirms the item meets contract specifications. Delivery of an item to a purchaser does not constitute acceptance for the purpose of payment. Inspection and acceptance will be at the purchaser’s destination unless otherwise previously agreed upon location was provided in the purchase order. Should the delivered items differ in any respect from the item specifications, payment can be withheld until such time as the vendor completes the necessary corrective action. 3.21 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this contract. Vendors must invoice each purchaser independently. The vendor shall be paid upon submission of invoices to the purchaser after satisfactory delivery and acceptance of the items. The Local Government Prompt Payment Act will apply to ensure timely payment of vendor invoices. The Local Government Prompt Payment Act is defined in Sections 218.70–218.79 of Florida Statutes. 3.22 WARRANTY All warranties shall begin at the time of delivery and final acceptance by the purchaser. The purchaser’s warranty should not be active for incomplete items and items delivered to a third-party supplier before final delivery. 3.23 PURCHASE ORDERS The vendor must submit electronic copies of purchase orders within fifteen (15) calendar days of the purchase order issue date. Emails shall be sent to coop@flsheriffs.org. Purchase orders received by the vendor after this deadline must be submitted to FSA as soon as possible with the date received by the vendor and cause for the delay. Purchase orders should contain the following required information: • Purchaser name, • Purchase order number, • Purchase order issue date, • FSA contract title and number, • Item number, • Item make and model, or item description, • Item price, • Options by item, and • Estimated delivery date. Purchase orders vary in format and information provided. If a purchase order does not include the required information, the vendor must submit supplemental documentation to FSA at the same time the purchase order is due. Such information may be in bid quotes, equipment proposals, confirmation of orders, or other documents. If a purchaser does not use purchase orders, written communication from the purchaser to the vendor will be provided supplied to FSA. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 37 3.24 QUARTERLY REPORTS Quarterly reports are the contractual responsibility of each vendor. Quarterly reports must be completed and submitted electronically. All quarterly reports shall be sent to reports@flsheriffs.org. The quarterly report template shall be submitted using an Excel workbook provided by FSA. Quarterly reports which do not adhere to the required format or are not complete of all purchase orders received and/or deliveries made during the quarter will be returned to the reporting vendor for correction. Quarterly reports are due no later than the 15th day of the month following the end of the quarter. Quarterly reports shall follow the schedule below for the duration of the contract. If a contract extension is executed, the quarterly reports will maintain the same schedule for future reporting periods. Contract Year: October 1, 2022 – September 30, 2023 Year 1 Quarter 1: October 1 – December 31 Q1 Report Due: January 15 Year 1 Quarter 2: January 1 – March 31 Q2 Report Due: April 15 Year 1 Quarter 3: April 1 – June 30 Q3 Report Due: July 15 Year 1 Quarter 4: July 1 – September 30 Q4 Report Due: October 15 Quarterly reports must be submitted even if there are no sales or no deliveries in a quarter. If a vendor has no sales within a quarter, the vendor shall indicate “No sales this quarter” on the top row of the sales worksheet. If the vendor has no deliveries in a given quarter, the vendor shall indicate “No deliveries this quarter” on the top row of the delivery worksheet. FSA reserves the right to modify the procedure for submitting quarterly reports during the term of the contract. Such a change shall not materially modify the substance of the information to be reported, but may change the method by which future quarterly reports are to be submitted. In the event of such a change, FSA will provide written notice to all vendors of the method by which future quarterly reports are to be submitted. 3.25 ADMINISTRATIVE FEE The FSA charges three quarters of one percent (.0075) to procure, process and administer the contract. The administrative fees are the contractual responsibility of each awarded vendor. After receipt of payment from contract purchases, the vendor shall remit all administrative fees to the FSA no later than 15 calendar days after the end of each quarter. All fees payable to the FSA during any given quarter will be accompanied and supported by a quarterly report. The administrative fee will remain payable to FSA and no relief from payment of the administrative fee, nor any additional charge to recoup the administrative fee, will be permitted if a vendor fails to incorporate the administrative fee in its bid pricing. The administrative fee should never be listed as a separate line item on any purchase order or invoice. The administrative fee is based on the total purchase order amount of new items. This fee excludes any value given to purchasers for trade-ins. Trade-ins, extended warranties and other exchanges will not reduce or impact the fee calculation. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 38 The ACH form for electronic payment or wiring of funds is included in Appendix C. It is the preference of FSA that all payments be electronically paid and submitted. If ACH is not available, checks for the administrative fee can be sent to: Florida Sheriffs Association Cooperative Purchasing Program 2617 Mahan Drive Tallahassee, FL 32308 3.26 LIQUIDATED DAMAGES The vendor warrants that the item supplied to the purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract. Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the vendor responsible for same. Failure to submit the administrative fee with accompanying quarterly reports to FSA within 15 calendar days following the end of each quarter may result in the imposition of liquidated damages. Vendors failing to submit administrative fees and/or quarterly reports will incur liquidated damages in the amount of $25 for each calendar day that fees and reports are past due, beginning on the 16th day following the end of the quarter. If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this section, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs incurred in the litigation. The venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida. When quarterly reports are late, liquidated damages are to be included in vendor’s Quarterly Report and administrative fee submission. Liquidated damages that remain unpaid beyond 45 calendar days can result in FSA, at its sole discretion, implementing contract compliance actions, including but not limited to, suspension, limited participation by specifications or zones, disqualification from future solicitations, or termination for cause pursuant to the Terms & Conditions. Schedule of Liquidated Damages Failure to submit quarterly report on time $25 per calendar day Failure to submit administrative fee on time $25 per calendar day Failure to report a Purchase Order to FSA within 15 calendar days of the purchase order issue date $100 per Purchase Order Failure to Report Sales .0075 of the sales price plus 1.5% each month following the delivery date. Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will result in liquidated damages to this contract. Vendor agrees and acknowledges that these liquidated damages are not intended to be and do not constitute a penalty and that these amounts are reasonably calculated to compensate the FSA for the damages that it will incur as a result of the vendor’s failure to take the specified actions. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 39 Appendix A: Zone Map FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 40 Appendix B Bid Calendars FSA22-VEL30.0 Pursuit, Administrative and Other Vehicles FSA22-VEH20.0 Heavy Trucks BID CALENDAR ITEM DATE Bid Announcements 5/17/22 & 5/31/22 Voluntary Workshop for Interested Bidders on Pursuit Rated & Admin 5/4/2022 Voluntary Workshop for Interested Bidders on Heavy Trucks & Buses 5/5/2022 Mandatory Pre-Bid Meeting FSA22-VEL30.0 7/12/2022 Mandatory Pre-Bid Meeting FSA22-VEH20.0 7/13/2022 FSA Bid System Training For Bidders 7/19/2022 Request for Clarifications Due to FSA 7/25/2022 FSA Response to Request for Clarifications 8/1/2022 Cone of Silence 8/4/22-9/16/22 Bid System Open 8/4/2022 Bid Submissions Due 8/25/2022 Public Bid Opening 8/26/2022 Bid Tabulations Posted 8/26/2022 Bid Evaluation 9/13-16/22 Intent To Award Posted 9/16/2022 Effective Date Of New Contract 10/1/2022 * FSA will complete the mandatory pre-bid meeting via ZOOM For the most up to date information, please refer to https://www.flsheriffs.org/law- enforcement- programs/cooperative-purchasing-program/bid-announcements * Details for the Workshop, Mandatory Pre-Bid Meeting, and Public Bid Openings will be posted on FSA’s website, emailed to interested bidders, or can be found in Florida Administrative Register (as appropriate) for the dates published. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 41 Appendix C: ACH Payments FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 42 Appendix D: Federal Clauses . APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS (excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000) TYPE OF PROCUREMENT PROVISION Professional Services/A&E Operations/ Management Rolling Stock Purchase Construction Materials & Supplies No Federal Government Obligations to Third Parties (by Use of a Disclaimer) All All All All All False Statements or Claims Civil and Criminal Fraud All All All All All Access to Third Party Contract Records All All All All All Changes to Federal Requirements All All All All All Termination >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. Civil Rights (Title VI, ADA, EEO except Special DOL EEO clause for construction projects) All All All>$10,000 All All Special DOL EEO clause for construction projects >$10,000 Disadvantaged Business Enterprises (DBEs) All All All All All Incorporation of FTA Terms All All All All All Debarment and Suspension >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 As of Feb. 2011, FTA has not adopted the FAR 2.101 $150,000 standard. >$100,000 As of Feb. 2011, FTA has not adopted the FAR 2.101 $150,000 standard. >$100,000 As of Feb. 2011, FTA has not adopted the FAR 2.101 $150,000 standard. Resolution of Disputes, Breaches, or Other Litigation >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Cargo Preference Transport by ocean vessel. Transport by ocean vessel. Transport by ocean vessel. Fly America Foreign air transp. /travel. Foreign air transp. /travel. Foreign air transp. /travel. Foreign air transp. /travel. Foreign air transp. /travel. PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 43 B.APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS (Continued) (excluding micro-purchases, except Davis-Bacon requirements apply to construction contracts exceeding $2,000) TYPE OF PROCUREMENT PROVISION Professional Services/A&E Operations/ Management Rolling Stock Purchase Construction Materials & Supplies Davis-Bacon Act >$2,000 (also ferries). Contract Work Hours and Safety Standards Act >$100,000 (transportation services excepted). >$100,000 >$100,000 (also ferries). Copeland Anti-Kickback Act Section 1 Section 2 All >$2,000 (alsoferries). Bonding $100,000 Seismic Safety A&E for new buildings & additions. New buildings & additions. Transit Employee Protective Arrangements Transit operations. Charter Service Operations All School Bus Operations All Drug Use and Testing Transit operations. Alcohol Misuse and Testing Transit operations. Patent Rights R & D Rights in Data and Copyrights R & D Energy Conservation All All All All All Recycled Products EPA-selected items $10,000 or more annually. EPA-selected items $10,000 or more annually. EPA-selected items $10,000 or more annually. Conformance with ITS National Architecture ITS projects. ITS projects. ITS projects. ITS projects. ITS projects. ADA Access A&E All All All All Notification of Federal Participation for States Limited to States. Limited to States. Limited to States. Limited to States. Limited to States. Title 2- Grants and Agreements Subtitle A- Office of Management and Budget Guidance for Grants and Agreements Chapter II- Office of Management and Budget Guidance Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Authority:31 U.S.C. 503 Source:78 FR 78608, Dec. 26, 2013, unless otherwise noted. Source:85 FR 49543, Aug. 13, 2020, unless otherwise noted. Source:85 FR 49539, Aug. 13, 2020, unless otherwise noted. Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. This content is from the eCFR and is authoritative but unofficial. (A)Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B)All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. (C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,12935,3 CFR Part,1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Appendix II to Part 200, Title 2 (up to date as of 7/08/2022) Contract Provisions for Non-Federal Entity Contracts Under Fe...Appendix II to Part 200, Title 2 2 CFR Appendix-II-to-Part-200(D) (enhanced display)Page 44 Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. (E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H)Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Appendix II to Part 200, Title 2 (up to date as of 7/08/2022) Contract Provisions for Non-Federal Entity Contracts Under Fe...2 CFR Appendix-II-to-Part-200(E) 2 CFR Appendix-II-to-Part-200(I) (enhanced display)Page 45 [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014;85 FR 49577, Aug. 13, 2020] (J)See § 200.323. (K)See § 200.216. (L)See § 200.322. Appendix II to Part 200, Title 2 (up to date as of 7/08/2022) Contract Provisions for Non-Federal Entity Contracts Under Fe...2 CFR Appendix-II-to-Part-200(J) 2 CFR Appendix-II-to-Part-200(L) (enhanced display)Page 46 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 47 *References to the code of regulations (CFR) or United States Code (USC) were accurate at the time of publication. It is the responsibility of the bidder to ensure compliance is met of the referenced state and federal laws within the published rules. ACCESS TO RECORDS AND REPORTS 49 U.S.C. § 5325(g) 2 C.F.R. § 200.333 49 .F.R. part 633 1.Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records. 2.Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. 3.Access to Records. The Contractor agrees to provide sufficient access to FSA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. 4.Access to the Sites of Performance. The Contractor agrees to permit FSA and its contractors access to the sites of performance under this contract as reasonably may be required. BUS TESTING 49 U.S.C. § 5318(e) 49 C.F.R. part 665 The operator of the bus testing facility is required to provide the resulting test report to the entity that submits the bus for testing. The manufacturer or dealer of a new bus model or a bus produced with a major change in component or configuration is required to provide a copy of the corresponding full bus testing report and any applicable partial testing report(s) to the recipient during the point in the procurement process specified by the recipient, but in all cases before final acceptance of the first bus by the recipient. The complete bus testing reporting requirements are provided in 49 C.F.R. § 665.11. Although no specific certification and bus testing language in required, recipients can draw on the following language for inclusion in their federally funded procurements. Bus Testing The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, the contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the recipient. BUY AMERICA REQUIREMENTS 49 U.S.C. 5323(j) 49 C.F.R. part 661 The Buy America regulation at 49 C.F.R. § 661.13 requires notification of the Buy America FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 48 requirements in a recipients’ bid or request for proposal for state or federally funded contracts. Recipients can draw on the following language for inclusion in their federally funded procurements. Note that recipients are responsible for including the correct Buy America certification based on what they are acquiring. Recipients should not include both the rolling stock and steel, iron, or manufactured products certificates in the documents unless acquiring both in the same procurement. Buy America The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11. The [bidder or offeror] must submit to [Recipient] the appropriate Buy America certification below with its [bid or offer]. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. In accordance with 49 C.F.R. § 661.6, for the procurement of steel, iron or manufactured products, use the certifications below. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. § 55305 46 C.F.R. part 381 The Cargo Preference Act of 1954 requirements applies to all contracts involving equipment, materials, or commodities that may be transported by ocean vessels. The Maritime Administration (MARAD) regulations at 46 C.F.R. § 381.7 contain suggested contract clauses. Cargo Preference - Use of United States-Flag Vessels The contractor agrees: 1.to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; 2.to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FSA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and 3.to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 42 U.S.C. §§ 7401 – 7671q 33 U.S.C. §§ 1251-1387 2 C.F.R. part 200, Appendix II (G) The Contractor agrees: 1)It will not use any violating facilities; 2)It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” 3)It will report violations of use of prohibited facilities to FSA; and 4)It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 49 CIVIL RIGHTS LAWS AND REGULATIONS Civil Rights and Equal Opportunity The AGENCY is an Equal Opportunity Employer. As such, the AGENCY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the AGENCY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1.Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FSA may issue. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal 2.Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FSA may issue. 3.Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FSA may issue. 4.Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FSA may issue. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 C.F.R. part 26 It is the policy of the AGENCY and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in government assisted contracts. It is also the policy of the AGENCY to: 1.Ensure nondiscrimination in the award and administration of DOT-assisted contracts; FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 50 2.Create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts; 3.Ensure that the DBE program is narrowly tailored in accordance with applicable law; 4.Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBE’s; 5.Help remove barriers to the participation of DBEs in DOT assisted contracts; 6.To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and 7.Assist in the development of firms that can compete successfully in the marketplace outside the DBE program. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the AGENCY deems appropriate. For the purpose of this Contract, the AGENCY will accept DBE’s who are: 1.Certified, at the time of bid opening or proposal evaluation, by the [certifying agency or the Unified Certification Program (UCP)]; or 2.An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status; or 3.Certified by another agency approved by the AGENCY. The DBE Certification Program is a Federal Program designed for business owners deemed "socially and economically disadvantaged." A Disadvantaged Business Enterprise (DBE) is a for-profit, independent small business concern that is: 1.At least 51% owned by one or more individuals who are both socially and economically disadvantaged; and 2.Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. To achieve DBE status a business must meet the following criteria: 1.Must be an existing "for-profit" business that is currently operational; 2.Must meet the federal definition of a small business concern; 3.Must be an independent business which does not depend on its relationships with another firm or firms. If it is a subsidiary of a corporation, the business must still operate in a self-sufficient manner; 4.The qualifying owner(s) must meet the federal definition of "socially and economically disadvantaged" individuals; 5.The qualifying owner(s) must own a minimum of 51% of the company; and have an investment in their company; 6.The qualifying owner(s) cannot have a net worth that exceeds $1.32 million (excluding the owner's business and primary residence); 7.The qualifying owner(s) must have day-to-day control of operations and possess an expertise in their work specialty. The Unified Certification Program (UCP) provides "one-stop shopping" where disadvantaged businesses that meet the DBE certification requirements and become certified are eligible to be used to meet the DBE goal requirements on any project with funding from the U.S. Department of Transportation. The UCP eliminates the need for multiple DBE certifications with recipients of funding from the U.S. Department of Transportation (USDOT). In Florida, DBE UCP Certifying Members shall make certification decisions on behalf of all recipients in the state, with respect to participation in the U.S. Department of Transportation DBE Program. 1.The UCP shall provide "one-stop shopping" to applicants for certification, such that an applicant is required to apply only once for a DBE certification and all recipients in the state will honor that certification. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 51 2.All obligations of recipients with respect to certification and nondiscrimination must be carried out by UCPs, and recipients may use only UCPs that comply with the certification and nondiscrimination requirements of 49 CFR Part 26. 3.A UCP is not required to process an application for certification from a firm having its principal place of business outside the state of Florida if the firm is not certified by the UCP in their "home state", where it maintains its principal place of business. 4.A UCP DBE Directory containing all firms certified by the Florida DBE UCP Program is available to the public electronically, on the internet. The DBE Directory is updated as additions/changes are made. The web address for the DBE Directory is https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/ FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 52 EMPLOYEE PROTECTIONS 49 U.S.C. § 5333(a) 40 U.S.C. §§ 3141 – 3148 29 C.F.R. part 5 18 U.S.C. § 874 29 C.F.R. part 3 40 U.S.C. §§3701-3708 29 C.F.R. part 1926 The recipient must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. In addition, recipients can draw on the following language for inclusion in their federally funded procurements. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the agency, and the Contractor will permit such representatives to interview employees during working hours on the job. The contractor shall require the inclusion of the language of this clause within subcontracts of all Tiers. ENERGY CONSERVATION 42 U.S.C. 6321 et seq. 49 C.F.R. part 622, subpart C The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. FLY AMERICA 49 U.S.C. § 40118 41 C.F.R. part 301-10 48 C.F.R. part 47.4 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 53 Fly America Requirements Definitions. As used in this clause-- “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. “United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411. When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 2 C.F.R. part 180 2 C.F.R part 1200 2 C.F.R. § 200.213 2 C.F.R. part 200 Appendix II (I) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: 1.Debarred from participation in any federally assisted Award; 2.Suspended from participation in any federally assisted Award; 3.Proposed for debarment from participation in any federally assisted Award; 4.Declared ineligible to participate in any federally assisted Award; 5.Voluntarily excluded from participation in any federally assisted Award; or 6.Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The debarment and suspension certification within the FSA CPP procurement package is a material representation of fact upon which reliance was placed when this transaction was made or entered into. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 54 requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. LOBBYING RESTRICTIONS 31 U.S.C. § 1352 2 C.F.R. § 200.450 2 C.F.R. part 200 appendix II (J) 49 C.F.R. part 20 The contractor certifies, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3.The contractor shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The lobbying restrictions certification within the FSA CPP procurement package is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 55 PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES 49 U.S.C. 5323(m) 49 C.F.R. part 663 The Contractor agrees to comply with 49 U.S.C. § 5323(m) and implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 C.F.R. part 663. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 49 U.S.C. § 5323(l) (1) 31 U.S.C. §§ 3801-3812 18 U.S.C. § 1001 49 C.F.R. part 31 The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION 2 C.F.R. § 200.339 2 C.F.R. part 200, Appendix II (B) The AGENCY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the AGENCY’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to AGENCY to be paid the Contractor. If the Contractor has any property in its possession belonging to AGENCY, the Contractor will account for the same, and dispose of it in the manner AGENCY directs. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the AGENCY may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the AGENCY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the AGENCY, after setting up a new delivery of performance schedule, may allow the FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 56 Contractor to continue work, or treat the termination as a Termination for Convenience. Opportunity to Cure (General Provision) The AGENCY, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate Conditions. If Contractor fails to remedy to AGENCY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from AGENCY setting forth the nature of said breach or default, AGENCY shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude AGENCY from also pursuing all available remedies against Contractor and its sureties for said breach or default. Waiver of Remedies for any Breach In the event that AGENCY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by AGENCY shall not limit AGENCY’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the AGENCY may terminate this contract for default. The AGENCY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of AGENCY goods, the Contractor shall, upon direction of the AGENCY, protect and preserve the goods until surrendered to the AGENCY or its agent. The Contractor and AGENCY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the AGENCY. VIOLATION AND BREACH OF CONTRACT 2 C.F.R. § 200.326 2 C.F.R. part 200, Appendix II (A) Applicability to Contracts All contracts in excess of the Simplified Acquisition Threshold (currently set at $150,000) shall contain administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. The Violations and Breach of Contracts clause flow down to all third party contractors and their contracts at every tier. Inasmuch as the Contractor can be adequately compensated by money damages for any breach of this Contract, which may be committed by the AGENCY, the Contractor expressly agrees that no default, act or omission of the AGENCY shall constitute a material breach of this Contract, entitling Contractor to cancel or rescind the Contract (unless the AGENCY directs Contractor to do so) or to suspend or abandon performance. Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the AGENCY will have all remedies in law and equity, including the right to specific performance, without further assistance, and the rights to termination or suspension as provided herein. The Contractor recognizes that in the event of a breach of this Agreement by the Contractor before the AGENCY takes action contemplated herein, the AGENCY will provide the Contractor with sixty (60) days written notice that the AGENCY considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respond and to take necessary corrective action. Should FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 57 either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the AGENCY and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the AGENCY is located. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the AGENCY or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing NOTICE OF FINAL AWARD FSA23-TOY1.0: Toyota Vehicles Date: January 1, 2023 To: All Bidders and Purchasers From: Steve Casey, Executive Director Sarrah Glassner, Deputy Executive Director of Administration Hugh Oliver, Cooperative Purchasing Program Manger Re: Notice of Award for Contract FSA23-TOY1.0: Toyota Vehicles Florida Sheriffs Association (FSA) has completed its bid of the cooperative purchasing contract for Toyota vehicles. Today, FSA is issuing the Final Award for the Toyota Vehicles contract that will be effective from January 1, 2023, through September 30, 2023. An advertisement for the Invitation to Bid (ITB) was published in the Florida Administrative Weekly, as well as the State of Florida’s Office of Supplier Diversity and the FSA websites. On October 14, 2022, a direct notification was sent to 753 prospective bidders to participate and register for bid qualification. The ITB advertisement resulted in six (6) pre-bid attendees or waivers. Of these respondents, one (1) submitted a bid and qualified. FSA has identified the awarded bidder for each item and zone on the attached Award report. The Florida Sheriffs Association Cooperative Purchasing Program has followed the Contract Terms and Conditions for this procurement. Bidders that become awarded vendors are governed by their manufacturer agreements and the Contract Terms and Conditions. Contract pricing will be extended and guaranteed to the Florida Sheriffs Association, any unit of local government, political subdivision or agency of the State of Florida, or to other entities approved by manufacturers to buy from this contract, which can include out-of-state sales. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer’s agreement. All purchasers are bound by state law, local ordinances, rules, and regulations for purchases made under this contract. 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 2/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Administrative Sedans Item: 1, Toyota, Camry LE, 2532 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard carpeted flooring; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $25,054.00 0.00%Build Options Northern Primary Seminole Toyota $24,954.00 0.00%Build Options Central Primary Seminole Toyota $24,824.00 0.00%Build Options Southern Primary Seminole Toyota $24,954.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 3/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Administrative Sedans Item: 2, Toyota, Camry SE, 2546 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard carpeted flooring; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $26,878.00 0.00%Build Options Northern Primary Seminole Toyota $26,578.00 0.00%Build Options Central Primary Seminole Toyota $26,528.00 0.00%Build Options Southern Primary Seminole Toyota $26,578.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 4/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Administrative Sedans Item: 3, Toyota, Camry XLE V6, 2554 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard carpeted flooring; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $32,900.00 0.00%Build Options Northern Primary Seminole Toyota $32,800.00 0.00%Build Options Central Primary Seminole Toyota $32,750.00 0.00%Build Options Southern Primary Seminole Toyota $32,800.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 5/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Administrative Sedans Item: 4, Toyota, Corolla Hatchback SE CVT A/T, 6272 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard carpeted flooring; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $25,255.00 0.00%Build Options Northern Primary Seminole Toyota $25,155.00 0.00%Build Options Central Primary Seminole Toyota $25,115.00 0.00%Build Options Southern Primary Seminole Toyota $25,155.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 6/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Administrative Sedans Item: 5, Toyota, Corolla LE, 1852 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard carpeted flooring; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $20,983.00 0.00%Build Options Northern Primary Seminole Toyota $20,883.00 0.00%Build Options Central Primary Seminole Toyota $20,833.00 0.00%Build Options Southern Primary Seminole Toyota $20,883.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 7/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Cargo & Passenger Vans Standard/Low Roof Item: 6, Toyota, Sienna AWD LE, 5403 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Heavy duty rubber floor covering instead of carpet; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $37,300.00 0.00%Build Options Northern Primary Seminole Toyota $37,200.00 0.00%Build Options Central Primary Seminole Toyota $37,100.00 0.00%Build Options Southern Primary Seminole Toyota $37,200.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 8/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Cargo & Passenger Vans Standard/Low Roof Item: 7, Toyota, Sienna LE Hybrid, 5402 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Heavy duty rubber floor covering instead of carpet; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $35,900.00 0.00%Build Options Northern Primary Seminole Toyota $35,800.00 0.00%Build Options Central Primary Seminole Toyota $35,700.00 0.00%Build Options Southern Primary Seminole Toyota $35,800.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 9/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Electric & Hybrid Vehicles Item: 8, Toyota, Camry LE Hybrid, 2559 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: Batteries – largest available battery pack system for model bid. Range: standard range based on applicable battery size PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard carpeted flooring; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $27,830.00 0.00%Build Options Northern Primary Seminole Toyota $27,730.00 0.00%Build Options Central Primary Seminole Toyota $27,630.00 0.00%Build Options Southern Primary Seminole Toyota $27,730.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 10/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Electric & Hybrid Vehicles Item: 9, Toyota, Corolla LE Hybrid, 1882 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: Batteries – largest available battery pack system for model bid. Range: standard range based on applicable battery size PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard carpeted flooring; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $22,659.00 0.00%Build Options Northern Primary Seminole Toyota $22,559.00 0.00%Build Options Central Primary Seminole Toyota $22,509.00 0.00%Build Options Southern Primary Seminole Toyota $22,559.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 11/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Electric & Hybrid Vehicles Item: 10, Toyota, Prius LE Hybrid, 1223 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: Batteries – largest available battery pack system for model bid. Range: standard range based on applicable battery size PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard carpeted flooring; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $26,100.00 0.00%Build Options Northern Primary Seminole Toyota $26,000.00 0.00%Build Options Central Primary Seminole Toyota $25,900.00 0.00%Build Options Southern Primary Seminole Toyota $26,000.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 12/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Pickup Trucks - 4X2 Item: 11, Toyota, Tacoma Access Cab i4 SR, 7162 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. CHASSIS, FRAME, CAB: Manufacturer`s standard bumper; Manufacturer`s standard fuel tank; Manufacturer`s standard Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $26,805.00 0.00%Build Options Northern Primary Seminole Toyota $26,705.00 0.00%Build Options Central Primary Seminole Toyota $26,605.00 0.00%Build Options Southern Primary Seminole Toyota $26,705.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 13/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Pickup Trucks - 4X2 Item: 12, Toyota, Tacoma SR Double Cab, 7186 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. CHASSIS, FRAME, CAB: Manufacturer`s standard bumper; Manufacturer`s standard fuel tank; Manufacturer`s standard Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $27,617.00 0.00%Build Options Northern Primary Seminole Toyota $27,517.00 0.00%Build Options Central Primary Seminole Toyota $27,417.00 0.00%Build Options Southern Primary Seminole Toyota $27,517.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 14/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Pickup Trucks - 4X2 Item: 13, Toyota, Tundra SR Double Cab, 8242 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. CHASSIS, FRAME, CAB: Manufacturer`s standard bumper; Manufacturer`s standard fuel tank; Manufacturer`s standard Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $36,303.00 0.00%Build Options Northern Primary Seminole Toyota $36,203.00 0.00%Build Options Central Primary Seminole Toyota $36,103.00 0.00%Build Options Southern Primary Seminole Toyota $36,203.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 15/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Pickup Trucks - 4X2 Item: 14, Toyota, Tundra SR5 CrewMax, 8261 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. CHASSIS, FRAME, CAB: Manufacturer`s standard bumper; Manufacturer`s standard fuel tank; Manufacturer`s standard Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $44,000.00 0.00%Build Options Northern Primary Seminole Toyota $43,900.00 0.00%Build Options Central Primary Seminole Toyota $43,800.00 0.00%Build Options Southern Primary Seminole Toyota $43,900.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 16/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Pickup Trucks - 4X4 Item: 15, Toyota, Tacoma Access Cab i4 SR 4x4, 7514 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. CHASSIS, FRAME, CAB: Manufacturer`s standard bumper; Manufacturer`s standard fuel tank; Manufacturer`s standard Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $30,991.00 0.00%Build Options Northern Primary Seminole Toyota $30,891.00 0.00%Build Options Central Primary Seminole Toyota $30,841.00 0.00%Build Options Southern Primary Seminole Toyota $30,891.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 17/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Pickup Trucks - 4X4 Item: 16, Toyota, Tacoma SR Double Cab 4x4, 7594 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. CHASSIS, FRAME, CAB: Manufacturer`s standard bumper; Manufacturer`s standard fuel tank; Manufacturer`s standard Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $32,968.00 0.00%Build Options Northern Primary Seminole Toyota $32,868.00 0.00%Build Options Central Primary Seminole Toyota $32,818.00 0.00%Build Options Southern Primary Seminole Toyota $32,868.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 18/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Pickup Trucks - 4X4 Item: 17, Toyota, Tundra SR Double Cab 4x4, 8342 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. CHASSIS, FRAME, CAB: Manufacturer`s standard bumper; Manufacturer`s standard fuel tank; Manufacturer`s standard Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $39,898.00 0.00%Build Options Northern Primary Seminole Toyota $39,798.00 0.00%Build Options Central Primary Seminole Toyota $39,748.00 0.00%Build Options Southern Primary Seminole Toyota $39,798.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 19/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Pickup Trucks - 4X4 Item: 18, Toyota, Tundra SR5 Crewmax 4x4, 8361 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. CHASSIS, FRAME, CAB: Manufacturer`s standard bumper; Manufacturer`s standard fuel tank; Manufacturer`s standard Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $46,951.00 0.00%Build Options Northern Primary Seminole Toyota $46,851.00 0.00%Build Options Central Primary Seminole Toyota $46,801.00 0.00%Build Options Southern Primary Seminole Toyota $46,851.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 20/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X2 Item: 19, Toyota, 4Runner SR5, 8642 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications. ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $36,752.00 0.00%Build Options Northern Primary Seminole Toyota $36,652.00 0.00%Build Options Central Primary Seminole Toyota $36,602.00 0.00%Build Options Southern Primary Seminole Toyota $36,652.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 21/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X2 Item: 20, Toyota, Highlander L, 6935 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications. ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $35,160.00 0.00%Build Options Northern Primary Seminole Toyota $35,060.00 0.00%Build Options Central Primary Seminole Toyota $35,010.00 0.00%Build Options Southern Primary Seminole Toyota $35,060.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 22/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X2 Item: 21, Toyota, Highlander LE FWD, 6946 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications. ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $36,478.00 0.00%Build Options Northern Primary Seminole Toyota $36,378.00 0.00%Build Options Central Primary Seminole Toyota $36,278.00 0.00%Build Options Southern Primary Seminole Toyota $36,378.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 23/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X2 Item: 22, Toyota, Highlander LE Hybrid, 6960 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications. ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $37,950.00 0.00%Build Options Northern Primary Seminole Toyota $37,850.00 0.00%Build Options Central Primary Seminole Toyota $37,750.00 0.00%Build Options Southern Primary Seminole Toyota $37,850.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 24/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X2 Item: 23, Toyota, Rav4 LE, 4430 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications. ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $27,721.00 0.00%Build Options Northern Primary Seminole Toyota $27,671.00 0.00%Build Options Central Primary Seminole Toyota $27,621.00 0.00%Build Options Southern Primary Seminole Toyota $27,671.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 25/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X2 Item: 24, Toyota, Sequoia SR5 Hybrid, 7946 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications. ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $57,950.00 0.00%Build Options Northern Primary Seminole Toyota $57,950.00 0.00%Build Options Central Primary Seminole Toyota $57,900.00 0.00%Build Options Southern Primary Seminole Toyota $57,950.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 26/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X4 and AWD Item: 25, Toyota, 4Runner SR5 4x4, 8664 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. Limited slip differential if available. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $39,048.00 0.00%Build Options Northern Primary Seminole Toyota $38,948.00 0.00%Build Options Central Primary Seminole Toyota $38,448.00 0.00%Build Options Southern Primary Seminole Toyota $38,948.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 27/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X4 and AWD Item: 26, Toyota, Highlander L AWD, 6937 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. Limited slip differential if available. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $35,681.00 0.00%Build Options Northern Primary Seminole Toyota $35,581.00 0.00%Build Options Central Primary Seminole Toyota $35,531.00 0.00%Build Options Southern Primary Seminole Toyota $35,581.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 28/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X4 and AWD Item: 27, Toyota, Highlander LE AWD, 6948 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. Limited slip differential if available. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $38,858.00 0.00%Build Options Northern Primary Seminole Toyota $37,758.00 0.00%Build Options Central Primary Seminole Toyota $37,708.00 0.00%Build Options Southern Primary Seminole Toyota $37,758.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 29/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X4 and AWD Item: 28, Toyota, Highlander LE Hybrid AWD, 6964 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. Limited slip differential if available. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $39,498.00 0.00%Build Options Northern Primary Seminole Toyota $39,398.00 0.00%Build Options Central Primary Seminole Toyota $39,348.00 0.00%Build Options Southern Primary Seminole Toyota $39,398.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 30/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X4 and AWD Item: 29, Toyota, Rav4 LE AWD, 4432 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. Limited slip differential if available. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $28,560.00 0.00%Build Options Northern Primary Seminole Toyota $28,460.00 0.00%Build Options Central Primary Seminole Toyota $28,360.00 0.00%Build Options Southern Primary Seminole Toyota $28,460.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 31/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X4 and AWD Item: 30, Toyota, Rav4 LE Hybrid, 4435 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. Limited slip differential if available. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $29,926.00 0.00%Build Options Northern Primary Seminole Toyota $29,826.00 0.00%Build Options Central Primary Seminole Toyota $29,726.00 0.00%Build Options Southern Primary Seminole Toyota $29,826.00 0.00%Build Options 12/19/22, 2:19 PM Award Report https://www.myvendorlink.com/staff/staff_awardreportzone.aspx 32/32 Bid Award Contract: FSA23-TOY1.0, Toyota Vehicles Group: Utility & Hybrid Utility Vehicles - 4X4 and AWD Item: 32, Toyota, Sequoia SR5 4x4 Hybrid, 7947 Description: Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: ENGINE: Manufacturer`s standard gas engine, alternator, battery and cooling package. TRANSMISSION/AXLES: Manufacturer`s standard automatic transmission; Manufacturer`s standard drive axle ratio for engine and transmission combination. Limited slip differential if available. PERFORMANCE ITEMS: Manufacturer`s standard power steering; Manufacturer`s standard gauges. COMFORT ITEMS: Air conditioning; standard issue 2 keys and/or fobs; Manufacturer`s standard AM/FM stereo; Manufacturer standard floor covering; Manufacturer`s standard production seats. Purchaser will select color at time of order. SAFETY ITEMS: Dual mount outside mirrors to provide field of vision dome lights with left and right door activated switches; Manufacturer`s standard air bags. BRAKES: Fourwheel anti-lock brake ABS system. TIRES AND WHEELS: Manufacturer`s standard tires and wheels. Model Upgrade/Downgrade: Some models may be listed within the option sheet as they may be considered to be an upgrade/downgrade to the base model listed. Please contact awarded vendor for additional information regarding these models. Zone Rank Vendor Price Percent:Build File Options File Western Primary Seminole Toyota $59,950.00 0.00%Build Options Northern Primary Seminole Toyota $59,900.00 0.00%Build Options Central Primary Seminole Toyota $59,800.00 0.00%Build Options Southern Primary Seminole Toyota $59,900.00 0.00%Build Options Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Acquisition Cost Dept Total New Year New Make Customer Service 555 9885 G4069 2014 Ford F150 Reg Cab 10 88,521 18,600.97 2024 Ford Maverick Crew 2WD Cab Hybrid 34,000 Public Works 010 1331 G1602 1996 Forklift 4000 28 789 18,695.00 2024 Toyota 8FGU15 Public Works 010 1331 G3532 2009 Ford F550 Bucket 15 79,882 90,599.10 2024 Ford F550 Altec AT41M Public Works 010 1331 G3699 2009 American Signal Traffic Trailer 15 na 13,437.50 2024 Wanco Matrix Message Board (FY23 repl) Public Works 010 1331 G3700 2009 American Signal Traffic Trailer 15 na 13,437.50 2024 Wanco Matrix Message Board (FY23 repl) Public Works 010 1331 G3701 2009 American Signal Traffic Trailer 15 na 13,437.50 2024 Wanco Matrix Message Board (FY23 repl) Public Works 010 1331 G3702 2009 American Signal Traffic Trailer 15 na 13,437.50 2024 Wanco Matrix Message Board (FY23 repl) Public Works 010 1341 G2884 2004 Stone 65 Concrete Mixer 19 - 0.00 2024 Multiquip MC12PH Concrete Mixer Public Works 419 2090 G2207 1999 Wallace DLBT50-3 Trailer 25 2024 Felling FT-50-3 Low Profile Deck Over Trailer Public Works 419 2090 G2280 2000 Stone S28-A Compactor 24 na 1,390.00 2024 Wacker Neuson 1550AW Vibroplate Public Works 419 2090 G2416 2002 Sterling LT9500 22 7,727 59,261.00 2024 Freightliner 114SD 16' Dump Body Public Works 419 2090 G2554 2004 Sterling Acterra w/Chipper Body 20 5,401 48,917.00 2024 Ford F650 Knapheide 14' Forestry Public Works 419 2090 G3970 2013 Ford F550 w/ Cues 11 58,299 229,164.00 2024 Ford Transit T350 w/Proteus Public Works 426 2090 G4975 2020 Caterpillar 938 Wheel Loader 4 1,026 252,054.00 transfer to Recycling 2043 Public Works 419 2090 NEW ADD 2024 Toyota Highlander Hybrid Public Works 419 2090 NEW ADD 2024 Bandit Intimidator 21XP Chipper Public Works 419 2090 new add 2020 Bobcat S76 Skid Steer Loader (G5061 fm SW) 1,525,600 Fire 010 1240 G4001 2014 Chevrolet Tahoe 9 85,787 28,676.00 2024 Ford Interceptor Hybrid-Vermillion Red Fire 010 1240 G4155 2015 Chevrolet Suburban 8 80,715 40,768.00 2024 Ford Interceptor Hybrid-Vermillion Red Fire 010 1240 G4621 2018 Polaris Ranger 1000 5 1,500 21,597.00 2024 Polaris 1000XP Fire 010 1372 G5096 2021 Honda Four-Trax 2 5,042 $ 10,923.48 2024 Polaris Ranger 570 156,000 IT 555 9862 G4608 2018 Ford Transit T350 (to PD)6 18,235 44,971.00 2024 Toyota Highlander Hybrid IT 555 9862 G4727 2019 Ford Transit Connect (to PU)5 8,427 24,024.00 2016 Nissan Altima (G4275 from PD) 39,000 Fleet 566 6611 2016 Toyota Camry Transfer from Police G4274 - Planning 010 1420 G3776 2011 Ford F150 Ext Cab 13 94,896 20,954.00 2024 Toyota Highlander Hybrid 39,000 Police 010 1131 G3608 2008 KZ Vision Trailer 16 na 81,931.00 2018 Ford Transit T350 (G4608 from IT) Police 010 1129 G4152 2015 Dodge Charger 9 82,372 22,448.33 turn in no replacement-rental program Police 010 1121 G4173 2015 Ford Taurus 9 78,654 20,071.45 2024 Toyota Camry Hybrid--Black Metallic Police 010 1121 G4174 2015 Ford Taurus 9 91,300 20,071.45 2024 Toyota Camry Hybrid- Ice Edge Police 010 1129 G4223 2015 Toyota Camry 9 85,169 20,158.60 turn in no replacement-transfer to SW Police 010 1131 G4248 2016 Ford Explorer 8 53,565 34,282.00 2024 Ford Interceptor -Carbonized Gray Police 010 1131 G4251 2016 Ford Explorer 8 82,267 37,254.50 2024 Ford Interceptor Hybrid-White Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Acquisition Cost Dept Total New Year New Make Police 010 1131 G4259 2016 Ford Explorer 8 82,250 37,154.90 2024 Ford Interceptor Hybrid-White Police 010 1131 G4260 2016 Ford Explorer 8 85,774 37,218.19 2024 Ford Interceptor Hybrid-White Police 010 1131 G4262 2016 Ford Explorer 8 87,015 37,250.69 2024 Ford Interceptor Hybrid-White Police 010 1131 G4353 2017 Nissan Altima 7 85,229 17,720.10 2024 Ford Interceptor Hybrid-White Police 010 1131 G4380 2016 Ford Explorer 8 86,768 38,301.56 2024 Ford Interceptor Hybrid-White Police 010 1131 G4387 2016 Ford Explorer 8 89,407 38,301.56 2024 Ford Interceptor Hybrid-White Police 010 1131 G4402 2017 Ford Explorer 7 79,481 38,334.06 2024 Ford Responder F150 4WD-White Police 010 1131 G4403 2017 Ford Explorer 7 87,897 38,204.06 2024 Ford Responder F150 4WD-White Police 010 1131 G4406 2017 Ford Explorer 7 88,080 38,301.56 2024 Ford Responder F150 4WD-White Police 010 1131 G4408 2017 Ford Explorer 7 86,747 38,262.56 2024 Ford Responder F150 4WD-White Police 010 1131 G4411 2017 Ford Explorer 7 89,500 38,334.06 2024 Ford Responder F150 4WD-White Police 010 1131 G4547 2018 Ford Explorer 6 84,312 38,070.56 2024 Ford Responder F150 4WD-White Police 010 1131 G5251 2022 Ford Explorer 2 11,802 35,390.00 2024 Ford Interceptor Hybrid-White ( loss 5/23) Police 010 1132 2023 Polaris XP Kinetic UTV 906,000 Parks 010 1883 G3112 2006 Imperial T17177T Trailer 18 na 4,946.00 2024 Texas Trailer 14TL-20 Parks 010 1881 G3113 2007 Imperial TA8205T Trailer 17 na 7,563.70 2024 Texas Trailer FB2014 Parks 010 1886 G3114 2007 Imperial TA8205T Trailer 17 na 7,250.40 2024 Texas Trailer FB2014 Parks 010 1862 G3121 2006 Imperial DT7166T Trailer 18 na 8,124.79 2024 Big Tex 10DF22BK Flatbed Trailer Parks 010 1868 G3412 2007 Ford F150 Ext Cab 2WD 17 72,235 18,361.35 2024 Ford F150 Ext Cab 2WD Parks 010 1881 G3441 2008 Imperial UT612SA Trailer 16 na 2,475.00 2024 Texas Trailer LM61610 Parks 010 1885 G3561 2008 Toro 4000-D 16 2,851 49,517.84 2024 Toro 4000D Parks 010 1863 G3646 2010 Toro Z Master 580 14 3,157 11,751.26 2024 Toro ZMaster 595D 60" Parks 010 1864 G3647 2010 Toro Z Master 580 14 2,383 11,751.26 2024 Toro ZMaster 595D 60" Parks 010 1864 G3648 2010 Toro 3505 D 14 2,355 26,598.51 2024 Toro Zmaster 7500D 96" Parks 010 1883 G3653 2010 Toro Z Master 580 14 3,060 11,751.26 2024 Toro Zmaster 595D 60" Parks 010 1885 G3654 2010 Toro Z Master 328D 14 1,605 19,787.67 2024 Toro Workman HDX-D 2WD Parks 010 1842 G3698 1999 Brutus AR-1 Roller 25 na na 2024 Brutus AR-5H Parks 010 1886 G3892 2012 Toro 3100 12 2,377 17,390.24 2024 Toro Workman HDX-D 2WD Parks 010 1885 G3895 2012 Toro 328D 12 1,235 20,006.87 turn in no replacement Parks 010 1881 G4003 2014 Mad Vac LN50 10 505 55,496.38 2024 Madvac LN50 Parks 010 1887 G4010 2014 Toro 3100 Workman 10 3,937 18,172.89 2024 Toro Workman HDX-D 2WD Parks 010 1877 G4064 2014 Ford F150 Reg Cab 4WD 10 93,105 22,555.99 2024 Ford F250 Crew Cab 4WD Parks 010 1868 G4170 2015 Toro Multi Pro 1750 9 510 36,087.67 2024 Toro Multi-Pro 1750 Parks 010 1863 G4348 2015 Club Car Carry-All 1500 9 1,712 13,750.60 2024 Club Car Carry-All 1700 Parks 010 1863 G4942 2020 Hurricane Blower Billy Goat X3000 2024 Hurricane Blower Billy Goat X3000 Parks 010 1862 G4805 2019 Hurricane Blower Billy Goat X3000 2024 Hurricane Blower Billy Goat X3000 Parks 010 1862 new add 2024 Hurricane Blower Billy Goat X3000 Parks 010 1816 NEW ADD 2024 Toro Workman GTX Lithium Cart Parks 010 1864 new add 2024 Big Tex 10DF22BK Flatbed Trailer Parks 010 1865 new add 2024 Big Tex 10DF22BK Flatbed Trailer Parks 010 1865 new add 2024 Big Tex 10DF22BK Flatbed Trailer Parks 010 1865 new add 2024 TORO TRX/STX Trailer Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Acquisition Cost Dept Total New Year New Make Parks 010 1865 new add 2024 TORO TRX/STX Trailer Parks 010 1865 new add 2024 TORO TRX/STX Trailer Parks 010 1865 new add 2024 Ford F350 Reg Cab SVC Body Parks 010 1868 new add 2024 Ford F350 REG CAB 2WD 12' FLATBED Parks 010 1868 new add 2024 New Spray Skid for F350 Parks 010 1877 new add 2020 Bobcat S76 Skid Steer Loader (G5060 fm SW) Parks 010 1881 new add 2024 Billy Goat Hurricane Stand On Blower Parks 010 1881 NEW ADD 2024 Husqvarna Robotic Mower Parks 010 1885 new add 2024 Ford Maverick Crew Cab 2WD Hybrid Parks 010 1891 new add 2024 Nifty Lift SD50 4WD Self-Drive Parks 010 1891 new add 2024 Whiteman Motorized Wheelbarrow 1,173,000 Gas 423 2065 G3308 2007 Caterpillar 416E 16 598 54,685.25 turn in no replacement Gas 423 2065 G3310 2007 International 4300 LP Tanker 16 199,035 350,000.00 turn in no replacement Gas 423 2078 G4497 2017 Ford Taurus 7 57,558 21,241.00 2024 Toyota Camry Hybrid (total Loss 5/2023) 33,000 Public Utilities 421 2051 G1003 1990 Ingersol P-175B-W-D Compressor 34 1,287 11,249.67 2024 Ingersol P-175B-W-D Compressor Pub Utilities 421 2051 G1455 1995 Wee Willie Trailer 29 2024 HGL Drop Deck Trailer 5x9 Public Utilities 421 2051 G1782 1997 Stone S28-A Compactor 27 na 1,390.00 2024 Wacker BPU 3750 Vibrator Plate Compactor Public Utilities 421 2051 G2353 2001 Ingersol 185WJD Compressor 23 1,003 11,913.00 2024 Ingersol 185WJD Compressor Public Utilities 421 2051 G2693 2003 Sterling Acterra 21 24,667 47,620.00 2024 Freighliner M2-106 5YD Dump Pub Utilities 421 1347 G3061 2005 Generac 19 27,500.00 2024 BlueStar 100KW Mobile Generator Public Utilities 421 2054 G3195 2006 Wacker Neuson PDT3A Pump 18 1,396.00 2024 Wacker Neuson PDT3A Pump Pub Utilities 421 1348 G3779 2011 Chevrolet 2500HD/UBR 13 82,691 23,196.00 2024 Ford F250 Reg Cab 2WD SVC Body 4WD Pub Utilities 421 1352 G3852 2012 Ford Transit 12 80,266 2019 Ford Transit Connect (G4727 from IT) Pub Utilities 421 1347 G3860 2012 Ford E150 Van 1/2 ton 12 77,923 20,024.00 2024 Ford Transit T250 Med Roof Public Utilities 421 1346 G3971 2013 Ford F550 w/ Cues 11 58,299 205,709.00 2024 Ford E450 Envirosight CCTV Truck Pub Utilities 421 1347 new add 2024 Thunder Creek EV500 Fuel Trailer Pub Utilities 421 1345 new add 2024 Ford Maverick Crew Cab-Hybrid 2WD Pub Utilities 421 2057 new add 2024 JLG Electric Scissor Lift ES1930 1,038,500 Solid Waste 424 2082 G3829 2013 Kenworth T800 11 98,892 186,897.19 2024 Kenworth T380 Petersen Loader Solid Waste 424 2082 G3830 2013 Kenworth T800 11 111,787 186,897.19 2024 Kenworth T380 Petersen Loader Solid Waste 424 2084 G3855 2012 Toro 07369 Workman 12 1,783 18,658.18 2023 Toro Workman GTX Lithium Solid Waste 424 2083 G4097 2015 Petebilt 320 9 86,481 338,806.90 2024 Autocar ACX E-Z Pak FEL CNG Solid Waste 424 2083 G4098 2014 Petebilt 320 10 76,090 341,341.95 2024 Autocar ACX E-Z Pak FEL CNG Solid Waste 424 2082 G4165 2015 Petebilt 320 9 88,301 337,529.00 2024 Autocar ACX E-Z Pak FEL CNG Solid Waste 424 2082 G4166 2015 Petebilt 320 9 90,410 337,529.00 2024 Autocar ACX E-Z Pak FEL CNG Solid Waste 424 2082 G4167 2016 Petebilt 320 8 90,316 337,708.00 2024 Autocar ACX E-Z Pak FEL CNG Solid Waste 424 2082 G4168 2016 Petebilt 320 8 93,114 337,708.00 2024 Autocar ACX E-Z Pak FEL CNG Recycling 424 2043 G5060 2020 Bobcat S76 Skid Steer Loader 4 390 $ 50,117.00 2024 Caterpillar 906M Compact Wheel Loader Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Acquisition Cost Dept Total New Year New Make Recycling 424 2043 G5061 2020 Bobcat S76 Skid Steer Loader 4 1,050 $ 50,117.00 2020 Caterpillar 938 Wheel Loader (G4975 fr Stormwater) Solid Waste 424 2088 new add 2015 Toyota Camry from PD (G4223) Recycling 426 2043 new add 2024 Mack 48' Walking Floor Trailer Recycling 426 2043 new add 2024 Peterbilt 567 Tractor CNG 4,598,600 Pub Utilities 421 2051 G3917 2013 Ford 150 4x2 11 65,089 16,180.89 2024 Ford Ranger Ext Cab 4WD Svc Body Public Utilities 421 2051 G3957 2013 Ford F350 11 91,212 27,235.58 2024 Ford F450 REG CAB 2WD DRW SVC BODY Pub Utilities 421 2054 G3961 2013 Ford F150 Locate truck 11 96,304 2024 Ford Ranger Ext Cab 4WD Svc Body Public Utilities 421 2051 G4181 2015 Ford F250 Service Body 9 91,534 30,692.00 2024 Ford Ranger Ext Cab 4WD Svc Body Pub Utilities 421 1346 new add 2024 CATERPILLAR 310 HYDRAULIC EXCAVATOR Parks 010 1865 new add 2024 Harper Hawk HK4400-4WD Mini-Sweeper Library 010 1732 NEW ADD 2023 Toyota Sienna Hybrid 555,000 Fund/Project Amount 010 1,672,000 L/P 421 1,175,000 L/P 423 33,000 L/P 424 3,970,000 L/P 426 145,000 L/P 555 73,000 L/P TOTAL: L/P Replacements (L1910)7,068,000 Penny Funds (315-94238)195,000 Cash Garage Fund (315-94233)179,500 Cash Library (L2301)41,000 L/P Parks (01018xx)97,000 Cash Police (181-93350)108,000 Cash Police (L2301)30,000 L/P Solid Waste (L2301)459,600 L/P Public Works (C1908)1,247,600 L/P Public Utilities (L2301)350,000 L/P Parks (L2301)322,000 L/P TOTAL: Cash Replace/New Adds 3,029,700 L/P Total 23/24 Vehicle Replacement Budget 10,097,700 Total for 22/23 Vehicle Replacement Budget 9,056,200 Budget Change 23/24 vs. 22/23 1,041,500 Budget Increase/Decrease 11.50% DEPARTMENT REQUESTS CONTINGENT UPON ADDITIONAL APPROVALS REQUIRED General Fund Public Utilities Gas Solid Waste Recycling Customer Service/IT Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0954 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Declare list of vehicles and equipment surplus and authorize disposal through auction pursuant to Clearwater Code of Ordinances Sections 2.623(6) and (8) and authorize the appropriate officials to execute the same. (consent) SUMMARY: On August 4, 2022, Council approved the Vehicle Replacement List for fiscal year 2023, authorizing purchase of replacement vehicles and equipment. This agenda item is requesting Council to declare surplus the vehicles and equipment detailed to be replaced per the list and authorize disposal via auction through Tampa Machinery Auction of Tampa, FL pursuant to Sections 2.623(6) and (8). Tampa Machinery Auction was competitively solicited by Pinellas County under Contract NO. 190-0534-R(JJ) valid through November 17, 2027. These vehicles and equipment have reached the end of their useful and economic life. Factors used to determine the end of useful and economic life include, but are not limited to age, life to date, mileage/hours of operations, historical maintenance cost as compared to like vehicles, operating cost per mile/hour, anticipated and ongoing repairs, and physical condition. Additionally, Fleet will continue to bring forward agenda items for vehicles and equipment from the 2022/23 Vehicle Replacement List as their replacements are deemed road ready. Page 1 City of Clearwater Printed on 8/15/2023 ITEM #ASSET #YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS / DISPOSAL REPLACED BY AGENDA APPROVED COMMENTS 1 G3033 2005 CLUB CAR M0504477129 700HR AGE/MILEAGE/CONDITION G5318 TBD 2 G3061 2005 GENERAC GEN. 2081112 XX AGE/MILEAGE/CONDITION on the 23/24 VRL3G31862006SILVERADO 2500HD 1GCHC24D06E184788 74919MI AGE/MILEAGE/CONDITION G5349 TBD 4 G3365 2007 FORD RANGER 1FTYR10UX7PA72617 65948MI AGE/MILEAGE/CONDITION G5293 TBD 5 G3770 2011 FORD TRANSIT NM0LS6AN1BT064180 67805MI AGE/MILEAGE/CONDITION G5310 TBD 6 G3786 2011 FORD RANGER 1FTKR4EE3BPA50055 64915MI AGE/MILEAGE/CONDITION G5294 TBD 7 G3963 2013 BOBCAT T630 A7PU13617 1705HR AGE/MILEAGE/CONDITION G5320 TBD 8 G4054 2015 SUBURBAN 1GNSK5EC1FR270501 85336MI AGE/MILEAGE/CONDITION G5309 TBD BLOWN ENGINE 9 G4156 2015 SUBURBAN 1GNSK5ECXFR649464 93289MI AGE/MILEAGE/CONDITION G5034 TBD BLOWN ENGINE 10 G4250 2016 FORD EXPLORER 1FM5K8AR3GGB96864 115412 AGE/MILEAGE/CONDITION G5305 TBD 11 G4252 2016 FORD EXPLORER 1FM5K8AR8GGB96861 100678MI AGE/MILEAGE/CONDITION G5306 TBD 12 G4759 2019 CLUB CAR RF1917-966355 3486HR AGE/MILEAGE/CONDITION G5263 TBD August 2023 Fleet Surplus for Next Auction Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0985 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Authorize a contract to Waste Connections of Florida, Inc., for a period of one year, for the processing of municipal single stream recycling commodity at the contractors’ Materials Recovery Facilities in a cumulative not to exceed amount of $1,020,000.00, pursuant to Invitation to Negotiate 29-23 and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 25, 2023, an evaluation committee composed of Staff from Solid Waste & Recycling, Public Utilities Department, and the Office of Management & Budget reviewed proposals submitted from Waste Connections of Florida, Inc. (WC) and Waste Management Inc. of Florida (WM) for Invitation to Negotiate #29-23, Single Stream Recycling Processing, and recommended negotiations to commence with both respondents. During these negotiations, WM’s initial proposal was $159.33/ton for the Tampa (Ybor) Materials Recovery Facility (MRF) and $189.63/ton for the Clearwater transfer station with 100% revenue share. After a second meeting with WM, the proposal was lowered to $154/ton for the Tampa (Ybor) MRF facility and $183/ton for the Clearwater transfer station with 100% revenue share. WM declined to offer a rate without revenue share. Additionally, WC’s initial proposal was $140/ton with no revenue share for their St. Petersburg MRF facility. After a second meeting, the proposal was lowered to $120/ton with revenue share on a sliding scale. It is the recommendation of staff to go with the WC proposal at $120/ton with revenue share on the sliding scale presented above. The initial term of this contract is for a period of one year and may be extended for up to three additional one-year terms upon mutual consent of the parties. APPROPRIATION CODE AND AMOUNT: Funds for this contractual cost are included in the FY24 budget in the amount of $1,020,000.00. Sufficient revenues are budgeted in the Solid Waste and Recycling Fund to offset this expenditure. Page 1 City of Clearwater Printed on 8/15/2023 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 07.2021 REVISED INVITATION TO NEGOTIATE #29-23 Single Stream Recycling Processing March 1, 2023 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, March 31, 2023, to provide Single Stream Recycling Processing. Brief Description: The City of Clearwater is seeking a qualified Vendor to perform Recovered Material Processing Facility (RMPF) Services for the processing and marketing of Single Stream Recycling Program Materials (“Material”, “Program Materials”) on behalf of customers of the City’s Solid Waste Recycling Program, including its constituents and partner municipalities (collectively known as “Customers.”) Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Invitation to Negotiate is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Single Stream Recycling Processing 2 ITN #29-23 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: March 31, 2023 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Single Stream Recycling Processing 3 ITN #29-23 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Proposers may mail or hand-deliver proposals to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. INSTRUCTIONS Single Stream Recycling Processing 4 ITN #29-23 i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. INSTRUCTIONS Single Stream Recycling Processing 5 ITN #29-23 i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Single Stream Recycling Processing 6 ITN #29-23 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this ITN, the criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Qualifications (Abilities, Experience and Expertise) (Tab 2) 35 Project Description (Tab 3) 35 Cost of Services (Tab 4) 30 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. INSTRUCTIONS – EVALUATION Single Stream Recycling Processing 7 ITN #29-23 i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant ITN information and notices. i.30 ITN TIMELINE. Dates are tentative and subject to change. Release ITN: March 1, 2023 Advertise Tampa Bay Times: March 8, 2023 Responses due: April 14, 2023 Review proposals: April 14, 2023 – April 21, 2023 Award recommendation: April 21, 2023 Council authorization: May 2023 Contract begins: May 2023 STANDARD TERMS AND CONDITIONS Single Stream Recycling Processing 8 ITN #29-23 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Single Stream Recycling Processing 9 ITN #29-23 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. STANDARD TERMS AND CONDITIONS Single Stream Recycling Processing 10 ITN #29-23 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this ITN, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITN are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITN and provides notice of its intent to reissue the ITN, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITN or until the City withdraws the reissued ITN. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITN and provides notice of its intent to reissue the ITN, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITN or until the City withdraws the reissued ITN. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. STANDARD TERMS AND CONDITIONS Single Stream Recycling Processing 11 ITN #29-23 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current STANDARD TERMS AND CONDITIONS Single Stream Recycling Processing 12 ITN #29-23 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. STANDARD TERMS AND CONDITIONS Single Stream Recycling Processing 13 ITN #29-23 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or STANDARD TERMS AND CONDITIONS Single Stream Recycling Processing 14 ITN #29-23 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without STANDARD TERMS AND CONDITIONS Single Stream Recycling Processing 15 ITN #29-23 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may STANDARD TERMS AND CONDITIONS Single Stream Recycling Processing 16 ITN #29-23 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Single Stream Recycling Processing 17 ITN #29-23 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 119,208 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. BACKGROUND. The City of Clearwater is seeking a qualified Vendor to perform Recovered Material Processing Facility (RMPF) Services for the processing and marketing of Single Stream Recycling Program Materials (“Material”, “Program Materials”) on behalf of customers of the City’s Solid Waste Recycling Program, including its constituents and partner municipalities (collectively known as “Customers.”) 3. SCOPE OF WORK. The services to be performed under this Contract shall consist of the acceptance, processing, and marketing of Program Materials in accordance with the provisions of this Contract, in exchange for a Processing Fee and Revenue Sharing arrangement adjusted to an Average Market Value (AMV) based on established indices outlined in Section 4 (“ADDITIONAL SPECIFICATIONS”). The source of Program Materials is residential, multi-family, and commercial curbside collection programs within incorporated (Municipal) areas of the City of Clearwater and City-operated drop-off recycling locations. The City intends to enter into a single agreement with one vendor to provide the processing and marketing of Single Stream Recycling Program Materials, delivered to an approved Material Recycling/Recovery Facility (MRF) within a thirty (30) mile radius from a central location staged at 1701 N. Hercules Ave., Clearwater, FL 33765. 4. ADDITIONAL SPECIFICATIONS. The City of Clearwater services approximately 28,500 Single Stream Recycling accounts across residential, multi-family, and commercial customer classes. The City collects single stream material via 96-gallon receptacles placed curbside, as well as roll-off dumpsters, where applicable, and transports the collected material to the City’s recycle transfer facility. The material is delivered onto a temporary storage floor where city staff perform initial decontamination measures to include spot-removal of preliminary material contamination and is then loaded into a transport tractor trailer at varying capacities not-to-exceed fifteen (15) tons. Compensation Structure The compensation structure for the acceptance, processing, and marketing of Program Materials shall be defined under RESPONSE ELEMENTS, TAB 4 - Cost of Services based on two separate components: (1) A fixed Processing Fee made by the City to the Vendor calculated as a set price per ton of received inbound Program Materials, established by the Vendor, and (2) An monthly calculated Average Market Value (AMV) Percent Revenue Share (PRS) schedule, adjusted to the composition of the City’s inbound Program Materials and the commodity prices per month, as established in the Recycling Markets.net Southeast USA and provided by potential Vendors. The payment formula shall include the Total Processing Fee, and the Total Commodity Revenue as revenue sharing between the City and Vendor: DETAILED SPECIFICATIONS Single Stream Recycling Processing 18 ITN #29-23 A. Payment to Vendor: If the calculated AMV Revenue Share is less than the Total Processing Fee, the City shall pay the Vendor the difference between the Total Processing Fee and the AMV. There is no revenue share. A sample calculation is provided below: Value Assumptions: • Processing Fee (PF) = $100 per ton • Percent Revenue Share (PRS) = 95% • Average Market Value (AMV) = $76.31 per ton inbound Program Materials ((AMV– PF) x IR) x PRS = Program Recyclables Payment for Processing ((76.31-100) x 2,002) x 0.95 = (45,056.01) B. Payment to City: If the AMV is more than the Total Processing Fee, the Balance of the AMV shall be subject to the revenue sharing percentage allocation. A sample calculation is provided below: Value Assumptions: • Processing Fee (PF) = $100 per ton • Percent Revenue Share (PRS) = 95% • Average Market Value (AMV) = $183.78 per ton inbound Program Materials ((AMV – PF) x IR) x PRS = Revenue Share paid to City ((183.78 – 100) x 2,002) x 0.95 = $159,341.18 C. The established indices utilized for projecting monthly the AMV and individual commodity pricing, include the is RecyclingMarkets.net Southeast Region. Should this index not be available, the Vendor and City shall agree upon another third-party index for contractual reference. and/or Fastmarkets RISI, for each month that the payment formula is being determined based upon pricing for the Southeast Region (unless otherwise indicated): COMMODITY (ISRI or Market Designation) SOUTHEAST REGION INDEX 1. Sorted Residential Paper and News #56 ("SRPN" includes Newspaper, office paper, magazines, glossy paper) Five Dollars ($5.00) over the Reported Fastmarkets RISI (Yellow Sheet) Recovered Paper, "Sorted Residential Papers (56), domestic, FOB RMPF, Southeast, (1st posting of the month) 2. Old Corrugated Cardboard #11 (Cardboard, brown paper bags, boxes) Ten Dollars ($10.00) Dollars over the Reported Fastmarkets RISI (Yellow Sheet) Recovered Paper, "Old Corrugated Cardboard (11), domestic, FOB RMPF, Southeast", (1st posting of the month) 3. Mixed Paper #54 (All other papers) Fastmarkets RISI (Yellow Sheet) Recovered Paper, "Mixed Paper (54), domestic, FOB RMPF, Southeast" (1st posting of the month) 4. Aseptic Beverage Containers/Cartons #52 Average Monthly Actual Sales Price per Ton, FOB RMPF 5. Aluminum Cans (UBC) (Sorted, baled, ¢/lb., picked up) RecyclingMarkets.net, SecondaryMaterialsPricing.com price (1st posting of the month 6. Steel/Tin Cans (Sorted, baled, $/ton, picked up) RecyclingMarkets.net SecondaryMaterialsPricing.com average http://www.recyclingmarkets.net/secondarymaterials/index.html price (1st posting of the month), FOB RMPF DETAILED SPECIFICATIONS Single Stream Recycling Processing 19 ITN #29-23 7. Plastic #1 PET (Sorted, baled, ¢/lb., picked up) RecyclingMarkets.net SecondaryMaterialsPricing.com average http://www.recyclingmarkets.net/secondarymaterials/index.html price (1st posting of the month) 8. Plastic #2 Natural HDPE (Sorted, baled, ¢/lb., picked up) RecyclingMarkets.net SecondaryMaterialsPricing.com average http://www.recyclingmarkets.net/secondarymaterials/index.html price (1st posting of the month) 9. Plastic #2 Colored HDPE, (Sorted, baled, ¢/lb., picked up) RecyclingMarkets.net SecondaryMaterialsPricing.com average http://www.recyclingmarkets.net/secondarymaterials/index.html price (1st posting of the month) 10. Plastics #5 Polypropylene, (Sorted, baled, ¢/lb., picked up) RecyclingMarkets.net SecondaryMaterialsPricing.com average http://www.recyclingmarkets.net/secondarymaterials/index.html price (1st posting of the month) 11. Plastics #3-#7 (Sorted, baled, ¢/lb., picked up) Note: Contractors are required to separate Polypropylene from remaining plastics and sort and sell #3-#7 RecyclingMarkets.net SecondaryMaterialsPricing.com average http://www.recyclingmarkets.net/secondarymaterials/index.html price (1st posting of the month) 13. Mixed Bulky Rigid (Sorted, baled, ¢/lb., picked up) RecyclingMarkets.net SecondaryMaterialsPricing.com average http://www.recyclingmarkets.net/secondarymaterials/index.html price (1st posting of the month) 14. Three-Mix Glass Average Monthly Actual Sales price (+ or -), FOB Glass End Market Should the above indices or Region used for determining the AMV not be publicly available, the Contractor and the City shall agree on substituting another credible 3rd party index to replace it, or, if unavailable, the average actual sales price for that month shall be used for that Commodity. The requested services outlined within this bid shall begin on or after April 10, 2023. Upon declaration of the successful bidder meeting specifications, the City is seeking an initial contract for a one (1) year term that will be subject to approval by the City Council. The City shall reserve the right to re-bid these services at the end of any contract period or provide the option for two (2) additional one (1) year renewal periods, for a total potential contract term of three (3) years. 5. MINIMUM QUALIFICATIONS. A. Quality of Material Standards The successful bidder must be able to accept Program Materials, including Glass, Aluminum, Metal, Plastic, and Paper; and acknowledge contamination ratios of delivered materials may fluctuate from time to time. B. Timeliness of Processing Standards The successful bidder must be able to provide reliable acceptance of Program Materials concurrent with the anticipated quantity of material delivered as stated in Section 6 (“DELIVERY REQUIREMENTS”). C. Reporting Requirements i. The successful bidder shall provide the City with an electronic Monthly Tonnage Report, submitted no later than the 10th Business Day of each month for the previous month, which shall include: inbound Tons of Program Materials, Tons processed at the standard Processing Rate, and Tons processed at a rate for material that is Contaminated and/or Downgraded. DETAILED SPECIFICATIONS Single Stream Recycling Processing 20 ITN #29-23 • Documentation of daily and total monthly tons of Program Materials delivered to the RMPF. • Documentation of daily and total monthly tons of rejects derived from Program Recyclables. • Documentation of rejected loads, including date and weights for each load • Calculation of the AMV, difference between Processing Fee and AMV Revenue Share per ton. • Calculation of the total payment for Program Materials due to the City or Contractor determined in accordance with the compensation requirement defined in the final contract. • Calculation of Liquidated Damages, rejected load payments, interest on overdue payments or proration determined in accordance with the compensation requirements of the final contract. ii. The successful bidder shall provide the City with an electronic Monthly Average Market Value (AMV) report for materials described in Section 5.A. (“MINIMUM QUALIFICATIONS”), based upon the estimated weight-based composition of Program Materials no later than the 10th Business Day of each month for the current month. 6. DELIVERY REQUIREMENTS. A. The anticipated quantity of material delivered shall be approximately 750 to 1,000 tons monthly, of which the City will guarantee the successful bidder delivery of Program Materials. B. The successful bidder is required to maintain state-certified vehicle weight scales for the purposes of weighing, tracking, and reporting inbound quantities of Program Materials. These shall be adequately sized legal-for-trade truck scales with a computerized record keeping system for weighing and recording all incoming and outgoing delivery vehicles. C. The designated Material Recovery/Recycling Facility shall be capable of accepting Program Materials from all types of delivery vehicles, including, but not limited to roll-off trucks, automatic side-loader trucks, semi-/tractor trailers, and other collection vehicles as deemed necessary by the City. D. The successful bidder is required to designate or appoint in writing to the City, one (1) or more representatives who are authorized to always act on behalf of the Vendor regarding all matters involving the conduct of Services pursuant to the specifications contained herein. E. The successful bidder is required to maintain on-site, and supply to the City, a Contingency Plan with procedures that shall be executed in the event Program Materials cannot be delivered and/or processed at the Material Recovery/Recycling Facility for any reason. The goal of this requirement, concurrent with terms stipulated in final agreement form, is to prevent Program Materials from being processed as Municipal Solid Waste, which includes but is not limited to, by incineration or landfill disposal. F. The City will deliver Program Materials of like quality pursuant to the material specifications described in Section 5.A. (“MINIMUM QUALIFICATIONS”). G. Bidders acknowledge that the City collects and delivers Program Materials for processing during weekdays from Monday through Friday, including designated holidays of the City of Clearwater. Bidders should note exceptions during which the closure of a Materials Recycling/Recovery Facility would preclude the City from delivering materials in accordance with the specifications contained herein. H. Successful bidder shall be required to protect recyclables from degradation due to weather exposure, vandalism, or other fathers. The storage of all unprocessed and processed recyclables shall be under one roof. Any outdoor storage of recyclables shall be in enclosed and covered containers. DETAILED SPECIFICATIONS Single Stream Recycling Processing 21 ITN #29-23 I. Any outdoor storage of recovered materials shall be processed within forty-eight (48) hours from receipt, and within seventy-two (72) ours following delivery on a Saturday or after a holiday. J. All Program Materials shall be tipped inside receiving bays. No recyclables shall be tipped outside the receiving bays. K. Load Rejection Procedures: i. Contractor shall have the right to reject loads of recyclables that are reasonably suspected to contain more than twenty-five percent (25%) of the load by weight of Contamination, subject to the approval of the City. If Contractor intends to reject a load of Program Materials, Contractor shall comply with the following procedures: a. The Facility Manager, or equivalent, shall immediately isolate the load and notify the City, document the occurrence of such event by digital photograph or video, and allow the City to inspect the load where such inspection shall not unduly impede or interfere with the operation of the designated facility. b. The Facility Manager, or equivalent, and City must mutually agree that the amount of contamination in a given load exceeds twenty-five percent (25%) of the load by weight. c. If the Facility Manager and the City choose to reject the load, the Contractor shall combine the load with rejects. The City shall reimburse the Contractor for all reasonable expense for transfer and disposal of said load. d. If the City does not concur that the load contains more than twenty-five percent (25%) Contamination by weight, then Contractor must demonstrate to City, in a manner acceptable to City, and in the presence of a City representative, that the twenty-five percent (25%) threshold has been exceeded. If the load does not contain more than twenty-five percent (25%) Contamination by weight, Contractor shall process the load and compensate the City for the total weight of the load. If the load does contain more than twenty-five percent (25%) Contamination by weight, then Contractor may reject the load and combine the load with rejects. The City shall reimburse the Contractor for all reasonable expense for transfer and disposal of said load. e. In the event the procedures outlined above are not followed, Contractor shall compensate the City for the total weight of the load. 7. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. DETAILED SPECIFICATIONS Single Stream Recycling Processing 22 ITN #29-23 c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITN #29-23 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Single Stream Recycling Processing 23 ITN #29-23 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. May 2023 – May 2024 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewal is possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for the one (1) year renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS Single Stream Recycling Processing 24 ITN #29-23 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, four (4) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this ITN. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 - Qualifications. (Abilities, Experience and Expertise) The following information should be included: 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. 2. Identification of senior and technical staff to be assigned to the City. Staff named in the proposal may not be substituted without permission of the City. Resumes, including relevant experience may be included. TAB 3 - Program Description. Clearly define the program offered and your method of approach to include, but not limited to the following elements: 1. Location of proposed recycling of materials program facility. 2. Ability to accept the City’s Single Stream Recycling materials. 3. Reporting capabilities (reference DETAILED SPECIFICATIONS, Section 5C under MINIMUM QUALIFICATIONS, page 19). TAB 4 - Cost of Services. The cost portion of the proposal should include the following elements: Proposals must include the following language, completing all highlighted areas in Tab 4: For the City’s Program Materials delivered to the facility located at: [MRF/RMPF address] Proposals shall include the following values for compensation: Processing Fee [to be proposed by Proposer] Average Market Value As defined in ITN #29-23 Option 1: Percent Revenue Share (100% of Program Recyclables) [to be proposed by Proposer] 1. Processing fee per ton 2. Revenue sharing arrangements. RESPONSE ELEMENTS Single Stream Recycling Processing 25 ITN #29-23 TAB 5 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E-Verify Eligibility form 6. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Single Stream Recycling Processing 26 ITN #29-23 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Single Stream Recycling Processing 27 ITN #29-23 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Single Stream Recycling Processing 28 ITN #29-23 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Single Stream Recycling Processing 29 ITN #29-23 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Single Stream Recycling Processing 30 ITN #29-23 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Single Stream Recycling Processing 31 ITN #29-23 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Single Stream Recycling Processing 32 ITN #29-23 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: ITN #29-23, Single Stream Recycling Processing Due Date: April 14, 2023, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: ITN #29-23, Single Stream Recycling Processing Due Date: April 14, 2023, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ 1 RECYCLING SERVICES AGREEMENT BETWEEN CITY OF CLEARWATER AND WASTE CONNECTIONS OF FLORIDA THIS RECYCLING SERVICES AGREEMENT (“Agreement”), made and entered into this _____ day of __________, 2023, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, with a mailing address of P.O. Box 4748, Clearwater, Florida 33758, hereinafter referred to as “City”, and Waste Connections of Florida, Inc., a Delaware corporation, with a mailing address of 1099 Miller Drive, Altamonte Springs, FL 32701, hereinafter referred to as “Company”, and collectively as the “Parties”. RECITALS WHEREAS, the City provides curbside collection of commingled recyclable material from Single Family Residences, Multi-Family Residences, and Commercial Establishments and requires a convenient way to process such Program Materials (as defined below); WHEREAS, the Company is a full-service, non-hazardous solid waste recycling company providing disposal services to commercial and residential customers in Florida, and has equipment to process and separate the Program Materials; WHEREAS, the City issued Invitation to Negotiate #29-23 on March 1, 2023, for the purpose of seeking a qualified Vendor to perform Recovered Material Processing Facility Services, and for the processing and marketing of Program Materials on behalf of the City. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 2 1. DEFINITIONS: (A) “Company’s Facility” means the Materials Recovery Facility (MRF) at which Program Materials will be delivered by the City, located at 1190 20th St. N, St. Petersburg, Florida 33713. (B) “Contaminate or Contamination” means that portion of the Program Materials stream that does not consist of materials included in the definition of Program Materials. (C) “Disposal Fee” means the sum of costs incurred for the processing of Non-Recyclable Materials which exceed the acceptable thresholds and processing requirements provided in Section 8 and shall be equal to the cost the Company pays to a third-party hauler per load, not to exceed $300 in fixed costs, to the Pinellas County Solid Waste Department, plus the standard tipping fee per Ton for Municipal Solid Waste (MSW) as set forth annually by the Pinellas County Solid Waste Department, for the actual weight at the time of disposal per load measured in Tons. (D) “Hazardous Materials” are defined as any substance or material that could adversely affect the safety of the public, handlers or carriers during transportation including those that are or contain radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by the United States Environmental Protection Agency or any other federal, state or local statute, law, ordinance, code, rule, regulation order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material as now or at any time hereafter in effect, including, but not limited to F.S. § 403.703(21). 3 (E) “Monthly Processing Fee” means one hundred and twenty dollars ($120.00) per Ton for each Ton of Program Materials delivered to the Company’s Facility and accepted by the Company in any given month. On each anniversary of the Effective Date, during the Term of this Agreement, the Monthly Processing Fee shall be increased by the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, for the previous twelve-month-period, as provided in Section 6. (F) “Monthly Sellable Commodity Average Market Value (AMV)” means the sum of (i) the index value of each Sellable Commodity as first published each month by www.recyclemarkets.net (Average Southeast Region Index) multiplied by (ii) the applicable material percentage of each Sellable Commodity as set forth in Exhibit A. (G) “Monthly Sellable Commodity Tonnage” means (i) the number of Tons of Program Materials delivered to the Company’s Facility in any given month, minus (ii) the number of Tons of Non-Recyclable Materials. (H) “Non-Recyclable Materials” means Program Materials categorized as non-recyclable on Exhibit A. (I) “Program Materials” means Single Stream commingled materials deposited by recycling customers of Residential, Multi-Family, and Commercial customer classifications, for the purpose of recycling which shall be collected curbside by the City or its third-party contractors. Program Materials shall include the list of materials as identified in Exhibit A and shall be amended only by written agreement between the City and Company, as markets develop for additional materials. Program Materials include incidental amounts of rejects and non-designated materials as can normally be expected as part of municipal recycling collection. 4 (J) “Residue or Residuals” means Recyclable materials that are accepted by the Company, processed at the MRF, and not converted into a Sellable Commodity due to breakage and/or transportation or processing limitations or inefficiencies. (K) “Sellable Commodity” means every Recyclable Commodity, specifically excluding those Program Materials categorized as non-recyclable on Exhibit A. (L) “Ton” refers to a unit of weight equal to 2,000 pounds. 2. TERM: The initial term of the Agreement shall be for a period of one (1) year, commencing on the Effective Date, unless earlier terminated as provided for herein. This Agreement may be extended (under the same terms and conditions) for three (3) one (1) year periods at the end of the then expiring term, provided such extension is mutually agreed upon by the Parties in writing, no later than thirty (30) days prior to the expiration of the current term. 3. QUANTITY AND QUALITY: During the term of the Agreement, the Company shall be the exclusive provider of the services as specified in Invitation to Negotiate #29-23 and shall take and the City agrees to provide and deliver one hundred percent (100%) of the City’s Program Materials. The City represents and warrants that it shall provide and deliver Program Materials as set forth in Exhibit A (“Specifications”). Title to Program Materials delivered by City to Company is transferred to Company upon receipt unless otherwise provided in this Agreement or applicable law. Nothing herein shall be construed to relieve the Company of its duties or obligations regarding notifying the City of and segregating any Hazardous Materials delivered with Program Materials as required by this Agreement. 5 4. COMPOSITION STUDY OF COLLECTED MATERIALS: (A) The types of Program Materials and the material percentages are set forth in Exhibit A. Commencing at the beginning of the initial Agreement term, the City, including a third-party consultant on behalf of the City, may conduct a composition study of the Program Materials to determine the current composition of Program Materials within ninety (90) days, and shall provide notice to the Company of an intent to conduct such study, including the quantity and quality of Program Materials, and methodology of the study. After the composition study is conducted, the average weight of the types of Program Materials shall be used to determine the percentage attributable to each type of Program Materials, to be included in the calculation of an Average Market Value (“AMV”) formula as set forth in Exhibit B. The City reserves the right to conduct composition studies at a frequency of no greater than once per agreement year, including any applicable renewal(s) periods. The results of any future composition studies shall be deemed to replace the then existing Program Materials and composition percentages on Exhibit A (“Specifications”). (B) In the event that the Parties disagree on the results of any composition study, the Parties agree to retain an unbiased third-party consultant (mutually agreed upon by the Parties) to conduct a composition study of the Program Materials. The Parties agree that the cost for such consultant shall be paid for by the City. 5. RECYCLABLE VALUE: The value of the Program Materials meeting the Specifications shall be set forth in Exhibit B, as those values may fluctuate from time to time. 6 6. CHARGES; PAYMENTS; ADJUSTMENTS: (A) On or before the 10th day of each month during the Term, Company shall provide the City a detailed invoice identifying the Monthly Recyclables Processing Payment with appropriate documentation which shall evidence the preceding month’s Monthly Processing Fees and Monthly Commodity Amount (as defined herein). The Monthly Recyclables Processing Payment equals the Monthly Processing Fees minus the Monthly Commodity Amount. If a Monthly Recyclables Processing Payment is owed to the City (because the Monthly Commodity Amount excludes the Monthly Processing Fees), Company shall remit payment of the Monthly Recyclables Processing payment with the invoice. In the event that the Monthly Processing Fees are greater than the Monthly Commodity Amount, the City shall remit payment in an amount equal to the Monthly Processing Fees minus the Monthly Commodity Amount as stipulated in Exhibit B “Recyclable Value ” as such value fluctuates from time to time. Such payment shall be made by the City within thirty (30) days after receipt of the monthly invoice. (B) Company reserves the right to increase the Charges payable by the City during the term, including any applicable renewal term(s) no more often than annually from the commencing date for increases in the Consumer Price Index as defined in Section 1. Any increase in Charges enumerated above may cover increases or cost changes for processing, recycling, storage, and/or third-party transportation or any other transportation costs, or changes in local, state, or federal laws or regulations. The forgoing notwithstanding, at any time they may be adjusted, the Company is permitted to submit any increases assessed by the Pinellas County Solid Waste Department for disposal as a pass-through to the City, this is separate and distinct from any Consumer Price Index changes. Company agrees that such submission for increases shall be submitted in writing to the City no later than sixty (60) days prior to the expiration of the current Agreement term. 7 7. SERVICE: The City shall deliver Program Materials, at the City’s expense, to the Company’s Facility during the hours set forth by the Company, Monday through Friday, excluding designated holidays of the City. (A) Obligations, Duties and Responsibilities of the City (i) In Addition to the City’s other obligations, duties, and responsibilities set forth in this Agreement, the City shall be responsible for and shall bear all costs and expenses associated with the collecting of Program Materials, public outreach and education surrounding the City’s recycling program and accepted materials, delivery of Program Materials to the Company’s Facility for sorting and processing, and removing any truck load of Program Materials that is rejected due to an excess of Non-Recyclable materials of twenty-five percent (25%) or greater in accordance with Section 8. (ii) The City shall appoint in writing to the Company one or more designated representatives who will be readily available during normal business hours of the City. (B) Obligations, Duties and Responsibilities of the Company (i) In addition to the Company’s other obligations, duties and responsibilities set forth in this Agreement, the Company shall be responsible for and shall bear all costs and expenses associated with operating the Company’s Facility and providing access to certified scale(s) and tipping floor(s) during normal operating hours (defined as 7:00 a.m. to 5:00 p.m. Monday-Friday), accurately weighing and providing scale tickets which shall include truck number, time, date, and weights of vehicles both inbound and outbound which deliver Program Materials, accepting Program Materials, processing every Recyclable Commodity 8 in a manner so that they can be recycled and/or sold to markets, disposing of any Non- Recyclable Materials and any other wastes (except for Hazardous Materials). (ii) The Company will notify the City of any Hazardous Materials that have been delivered with the Program Materials and segregate any Hazardous Materials, which shall be removed by the City within a period of twenty-four (24) hours following notification to the City’s designated representative. (iii) The Company shall appoint in writing to the City one or more designated representatives authorized to act on behalf of Waste Connections of Florida, Inc. and shall be regularly present during the operational hours of the Facility. (iv) The Company will maintain on-site of the Company’s Facility, a Contingency Plan with procedures that shall be executed in the event that Program Materials cannot be processed at the Company’s Facility for any reason. In the event that the Company’s Facility is unable to accept delivery of the Program Materials, the Company warrants that it shall be solely responsible, and bear all costs, for the transportation and processing of Program Materials to the contingent processor, under the same conditions and requirements contained herein, as follows: Single Stream Recyclers LLC 3901 N. Orange Ave. Sarasota, FL 34234 (v) The Company will provide reports on the monthly volumes of delivered Program Materials and every Sellable Commodity delivered by the City on or before the 10th day of each month during the Term for the preceding month. Such reports will contain the delivery date and tonnage of each truck load, and the percentage amount of Non-Recyclable 9 Materials. The City reserves the right to request and inspect daily delivery tickets under the same specifications and conditions as provided herein. (vi) The Company will provide reports on the Monthly Sellable Commodity Average Market Value (AMV) for Program Materials based upon the established weight-based composition as set forth in Exhibit A on or before the 10th day of each month during the Term for the current month. 8. CONTAMINATION: In the event that Non-Recyclable Materials in excess of twenty-five percent (25%) are discovered after visual inspection in any given load, the Company shall notify the driver while on the premises of the Company’s Facility, and also notify the City’s Representative by phone. The Company will notate the date, time, vehicle number and estimated quantity of Non-Recyclable Materials. The Company shall segregate such rejected load pending instruction of the City’s Representative for processing. If the City proceeds to remove the rejected load within two (2) hours of being notified by phone, such rejected load(s) shall not be included in the Monthly Sellable Commodity Tonnage Calculation, nor will the City pay a Processing Fee. If the City is unable to remove the load, refuses to remove the load, or fails to remove the load within two (2) hours of notification, the Company may dispose of the rejected load at the City’s sole cost and expense by assessment of a Disposal Fee. In the event the procedures outlined herein are not followed, the Company shall compensate the City for the total weight of the load and/or be responsible for all costs associated with disposal of the load. 9. INVITATION TO NEGOTIATE #29-23, STANDARD TERMS AND CONDITIONS: All terms and conditions set forth in ITN #29-23, Standard Terms and Conditions are incorporated by reference as modified by the Parties, and hereto attached at Exhibit C. Any inconsistency in 10 documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments, and (ii) ITN #29-23, Standard Terms and Conditions. 10. AMENDMENT OR WAIVER: This Agreement may not be amended, nor any of its terms waived, unless such amendment or waiver is in writing and signed by the Parties. 11. GOVERNING LAW AND VENUE: This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida and shall inure to and be binding upon the Parties, their successors and assigns. Venue for any actions brought in state court shall be in Pinellas County. Venue for any action brought in federal court shall be in the Middle District of Florida, Tampa Division. The Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. 12. INDEMNIFICATION: The Parties recognize that the Company is an independent contractor. The Company agrees to assume liability for and indemnify, hold harmless, and defend the City, its officers, employees, agents, and attorneys (collectively, the “Indemnified Parties”) of, from, and against all liability and expenses, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use (collectively, the “Claims”), to the extent arising out of the Company’s negligence or willful misconduct in the execution, performance, nonperformance, or enforcement of the terms and conditions of this Agreement. The Company’s liability hereunder shall include all reasonable attorney’s fees and costs incurred by 11 the City in the enforcement of this indemnification provision. This includes claims made by the Company’s employees against the City, and the Contractor hereby waives entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. Nothing contained in the foregoing indemnification shall be construed to be a waiver of any immunity or limitation of liability the City may be entitled to under the doctrine of sovereign immunity, or any provision of Section 768.28, Florida Statutes. Nothing contained herein shall obligate the Company to assume liability for or indemnify, hold harmless, or defend the Indemnified Parties to the extent the Claims are caused by the negligence or willful misconduct of the Indemnified Parties or the violation of any laws, rules, regulations, ordinances, orders, licenses, or permits by the Indemnified Parties. 13. NOTICES: Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by either party to the other shall be in writing and shall be deemed given and delivered on the date delivered in person. TO CITY: 1701 N. Hercules Avenue Clearwater, FL 33765 ATTN: Director of Solid Waste & Recycling (727) 562-4920 With a copy to: City of Clearwater P.O. Box 4748 Clearwater, FL 33758 TO COMPANY: Waste Connections of Florida, Inc. 11500 43rd St. North Clearwater, FL 33762 ATTN: Director of Municipal Affairs 14. INSURANCE REQUIREMENTS: 12 Insurance Requirements are set forth in Exhibit D, which is incorporated by reference and attached hereto. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed in its corporate/legal name by its authorized representatives or persons authorized to execute this Agreement on the date and year first above written. WASTE CONNECTIONS OF FLORIDA, INC. By: _______________________________ Print Name: _____________________ Title: __________________________ WITNESS: By: _____________________________ Print Name: ______________________ CITY OF CLEARWATER, FLORIDA _______________________ ____________________________ Brian J. Aungst Sr. Jennifer Poirrier Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk 13 EXHIBIT A SPECIFICATIONS SINGLE STREAM PROGRAM MATERIALS AND COMPOSITION Commodity Weight (lbs.) Weight (Tons) % of Stream Mixed Paper 29,076.00 14.54 28.81% OCC 17,446.00 8.72 17.29% UBC 1,451.00 0.73 1.44% Steel 1,554.00 0.78 1.54% PET 5,248.00 2.62 5.20% HDPE Natural 914.00 0.46 0.91% HDPE Color 1,154.00 0.58 1.14% Glass 24,075.00 12.04 23.86% Residue (non) 10,715.00 5.36 10.62% Contamination (non) 9,279.00 4.64 9.20% TOTAL 100,912.00 50.46 100.00% Updated: December 2022 14 EXHIBIT B RECYCLABLE VALUE FIXED PROCESSING FEE PER TON: $120.00 AMV Blended Value Value Share % To Customer Value Share % To WC Customer Pays WC Rebate to Customer (EXAMPLE) Customer’s Net (EXAMPLE) < $60 0% 100% $120 $- $120 $60 40% 60% $120 $24 $96 $70 40% 60% $120 $28 $92 $80 50% 50% $120 $40 $80 > $90 60% 40% $120 $54 $66 TEMPLATE FOR CALCULATION OF SINGLE STREAM PROGRAM MATERIALS AVERAGE MARKET VALUE FORMULA BY MONTHLY COMMODITY AMOUNT: Program Material Composition % (December 2022) RecyclingMarkets.net Index ($/Ton) July 2023 AMV ($/Ton) July 2023 Mixed Paper PS#54 28.81% Southeast Region $17.50 $5.04 SRP PS#56 0.00% Southeast Region $32.50 - Cardboard PS#11 17.29% Southeast Region $52.50 $9.08 PET 5.20% Southeast Region $200.00 $10.40 Natural HDPE 0.91% Southeast Region $850.00 $7.73 Colored HDPE 1.14% Southeast Region $210.00 $2.39 PP 0.00% Southeast Region $170.00 - Plastics #3-7 0.00% Southeast Region $10.00 - Mixed Bulky Rigid 0.00% Southeast Region $90.00 - UBC (Aluminum) 1.44% Southeast Region $1,400.00 $20.16 Steel 1.54% Southeast Region $240.00 $3.70 Mixed Glass 23.86% Southeast Region ($32.50) ($7.75) Contamination 19.82% - 0.00 0.00 Total AMV 100% $50.75 Exhibit C Standard Terms and Conditions 1 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. Vendor may assign this Agreement to an affiliated company of Vendor. For all other assignments, this Agreement may not be assigned either in whole or in part without first receiving the City’s written consent which shall not be unreasonably withheld. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 Omitted. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits, licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Exhibit C Standard Terms and Conditions 2 Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. Exhibit C Standard Terms and Conditions 3 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Contractor agrees to comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the Exhibit C Standard Terms and Conditions 4 contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor Exhibit C Standard Terms and Conditions 5 personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party will provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default. The thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. Exhibit C Standard Terms and Conditions 6 S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 Omitted. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 Omitted. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 Omitted. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to Exhibit C Standard Terms and Conditions 7 this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to Exhibit C Standard Terms and Conditions 8 overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. EXHIBIT D INSURANCE REQUIREMENTS INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives, or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Vendor’s deductible or self-insured retention and after a review of the Vendor’s resources and financial statements, to request that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. The address where such certificates shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITN #29-23 P.O. Box 4748 Clearwater, FL 33758-4748 EXHIBIT D INSURANCE REQUIREMENTS a. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. b. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. c. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’, or agents’) obligation to provide the insurance coverage specified. 1) Waste Connections of Florida, Inc 2) Waste Management Inc of Florida 1190 20th St. N 3518 4th Ave E St Petersburg, FL 33713 Tampa, FL 33605727.822.8962 561.607.3038 ADVERTISED: TAMPA BAY TIMES 3/8/2023 POSTED:myclearwater.com 03/01/2023-04/14/2023 FOR THE CITY OF CLEARWATER Due/Opening: March 31, 2023; 10:00 a.m. INVITATION TO NEGOTIATE No. 29-23 SINGLE STREAM RECYCLING PROCESSING Solicitation Response Listing Invitation to Negotiate #29-23 Single Stream Recycling Processing April 14, 2014 2 TABLE OF CONTENTS TAB 1 - Letter of Transmittal ________3 TAB 2 - Qualifications _____________ 4 TAB 3 - Program Description _______ 18 TAB 4 - Cost of Services ___________ 22 TAB 5 - Other Forms ______________ 23 TAB 1 – LETTER OF TRANSMITTAL April 12, 2023 Lori Vogel, CPPB, Procurement Manager City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 Ms. Vogel Waste Connections of Florida, Inc (WCI) is pleased to submit our proposal for Invitation to Negotiate #29-23, Single Stream Recycling Processing WCI is part of Waste Connections, Inc.’s, multi-regional, integrated solid waste and recycling company providing collection, transfer, landfill disposal, and recycling services for commercial, industrial, and residential customers in the United States and Canada. Waste Connections, Inc. is the third largest solid waste company in North America. Our company enjoys a firm position in the State of Florida. Our company’s performance is strong in all major Florida markets – Orlando, Fort Myers, Naples, Tampa, Miami-Dade County, and Broward County. We have fifteen (15) collection operations, fourteen (14) transfer stations, and three (3) landfills which includes the strategic asset known as our JED landfill, located in St. Cloud, FL. The JED landfill has 50 + years of capacity. Waste Connections of Florida is ranked number three (No. 3) in market share and number two (No. 2) in disposal capacity. WCI’s operations are conducted in a manner that is compatible with protecting the environment and conserving natural resources. If selected by the City of Clearwater, WCI will carry out the recycling processing provisions of this ITN in an efficient and environmentally sensitive manner. The information that is provided in this ITN submittal is both accurate and factual. All representations made regarding WCI’s willingness to provide the required processing services, as well as our concurrence with the business agreement are accurate. The contacts for this contract shall be: Kurt Salac, Director of Municipal Affairs Ryan Austin, Site Manager Waste Connections of Florida, Inc Waste Connections – St. Pete MRF 11500 43rd Street North 1190 20th Street North, Clearwater, FL 33762 St Petersburg, FL 33713 (727) 254-8527 (727) 252-8394 Kurt.Salac@wasteconnections.com Ryan.Austin@wasteconnections.com WCI looks forward to the City of Clearwater’s favorable consideration of this submittal. Please do not hesitate in contacting Ian Boyle, Government Affairs Manager, (813)352-9156, if you have any questions. Respectfully Submitted, Kurt Salac, Director of Municipal Affairs Waste Connections of Florida, Inc TAB 2 – QUALIFICATIONS (ABILITIES, EXPERIENCE AND EXPERTISE) Per the requirements of ITN, #29-23, Single Stream Recycling Processing, all single stream recycling material from the City of Clearwater shall be processed at Waste Connections of Florida’s (WCI) Single Stream Recycling Materials Facility (MRF). In 2012, Waste Connections opened up a Single Stream Materials Recovery Facility (MRF) in St. Petersburg, FL. The address is as follows: 1190 20th St N St. Petersburg, FL 33713 Since our MRF opened, WCI has been committed to creating a state-of-the-art facility in the Tampa Bay area to process and market Single Stream recyclables. WCI made a significant investment in renovating the facility and installing technological and innovative equipment for Single Stream processing. In the following pages please find copies of brochures that describe the technology and equipment from Green Machine that was installed. Currently, our facility processes over 8,000 tons of recyclable material per month. All recycling material in unincorporated Hillsborough County, Pasco County, the City of St. Petersburg and every contract we service in Pinellas County is processed in St. Petersburg. Certificates and Licenses On the following pages please find the following: Certificate of Insurance Florida Department of Agriculture and Consumer Services Vehicle Scale certificate Florida Department of Environmental Protection Recovered Materials Dealer Certification State of Florida Department of State 2023 Corporate Certificate Three processing contracts in the State of Florida 1) Pasco County – Process 900 tons/month of single stream material. John Battista, Public Infrastructure/Resource Recovery Assistant Director Pasco County Solid Waste 14230 Hays Road Spring Hill, FL 34669 727-856-0119 jbattista@pascocountyfl.net 2) City of St. Petersburg, FL - Process 1,000 tons/month of single stream material Bob Turner, Assistant Director Sanitation Department City of St. Petersburg 2601 20th Ave N St. Petersburg, FL 33713 727-893-7937 robert.turner1@stpete.org 3) City of Miami – 625 tons/month of single stream material into our South Florida facility Charles Johnson III, MBA, Senior Procurement Contracting Manager City of Miami Procurement Miami Riverside Center 444 SW 2nd Av, 6th Floor Miami, FL 33130 786-312-5870 (305) 416-1927 cjohnson@miamigov.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 2/28/2023 Edgewood Partners Insurance Center5909PeachtreeDunwoodyRoadSuite800AtlantaGA30328 Certificate Unit 404-781-1700 certificate@epicbrokers.com ACE American Insurance Company 22667 ACE Property &Casualty Insurance Company 20699WasteConnectionsofFlorida,Inc.3 Waterway Square Place,Suite 110TheWoodlands,TX 77380 1265228633 A X 2,000,000 X 100,000 2,000,000 5,000,000 X Y HDO G72949882 8/1/2022 8/1/2023 2,000,000 A 5,000,000 X Y ISA H25570832 8/1/2022 8/1/2023 B X X 1,000,000XEUG276146200088/1/2022 8/1/2023 1,000,000 A X N WLR C68919939 (AOS)8/1/2022 8/1/2023 1,500,000 1,500,000 1,500,000 The City of Clearwater,to the extent required by written contract,is an additional insured with respect to General Liability and Auto Liability. The City of ClearwaterAttn:Purchasing DepartmentP.O.Box 4748ClearwaterFL33758-4748 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RECOVERED MATERIALS DEALER CERTIFICATIONm 2024move CERTIFICATE NO: ISSUED: EXPIRES: 345 02/01/2023 06/30/2024 WASTE CONNECTIONS 3 WATERWAY SQUARE PLACE, SUITE 110 THE WOODLANDS, TX 77380 The Florida Department of Environmental Protection verifies that the above named Company reports certain recycling information and is certified in accordance with Chapter 62.722, Florida Administrative Code. REPORTING FACILITIES COVERED BY THIS CERTIFICATION WACS ID FACILITY NAME FACILITY ADDRESS COUNTY 88869 GATOR ROAD RECYCLING & TRANSFER 16711 GATOR RD FORT MYERS, FL 33912-5929 LEE 94733 DEERFIELD BEACH RECYCLING & TRANSFER 1751 SW 43RD TER DEERFIELD BEACH, FL 33442-9007 BROWARD 95393 PALMETTO MATERIALS TRANSFER & RECYCLING WPF 1312 16TH AVENUE EAST PALMETTO, FL 34221 MANATEE 105707 TAMPA MATERIALS TRANSFER AND RECYCLING FACILITY 5113 UCETA ROAD TAMPA, FL 33619 HILLSBOROUGH 105708 1ST PLACE MATERIAL RECOVERY FACILITY 7320 NORTHEAST 1ST PLACE MIAMI, FL 33138 MIAMI-DADE 105709 CLEARWATER MATERIALS WASTE PROCESSING FACILITY 12875 60TH STREET NORTH CLEARWATER, FL 33760 PINELLAS 105711 FORT MYERS MATERIALS TRANSFER STATION 16801 STOCK COURT FORT MYERS, FL 33912 LEE 105712 WASTE CONNECTIONS OF FLORIDA INC MIAMI TS/MRF 3840 NORTHWEST 37TH COURT MIAMI, FL 33142 MIAMI-DADE 105714 NAPLES MATERIALS TRANSFER STATION 3706 MERCANTILE AVENUE NAPLES, FL 34104 COLLIER 105715 OPA LOCKA RECYCLING AND TRANSFER 3680 NORTHWEST 135TH STREET OPA-LOCKA, FL 33054 MIAMI-DADE 105716 SANFORD RECYCLING AND TRANSFER INC TS/MRF 563 NORTH WHITE CEDAR ROAD SANFORD, FL 32771 SEMINOLE 105717 WASTE CONNECTIONS OF FLORIDA INC ST PETERSBURG MRF 1190 20TH STREET NORTH ST. PETERSBURG, FL 33713 PINELLAS 105718 TAFT RECYCLING INC MATERIAL RECOVERY FACILITY 375 WEST 7TH STREET ORLANDO, FL 32824 ORANGE 105719 PEMBROKE PARK RECYCLING AND TRANSFER 1899 SOUTHWEST 31ST AVENUE HALLANDALE BEACH, FL 33009 BROWARD State of Florida Department of State I certify from the records of this office that WASTE CONNECTIONS OF FLORIDA,INC.is a Delaware corporation authorized to transact business in the State of Florida,qualified on December 11,2003. The document number of this corporation is F03000006157. I further certify that said corporation has paid all fees due this office through December 31,2023,that its most recent annual report/uniform business report was filed on January 18,2023,and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Twentieth day of March,2023 Tracking Number:7092653635CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Senior and technical staff that will oversee ITN #29-23 DIRECTOR OF MUNICIPAL BUSINESS DEVELOPMENT AND GOVERNMENTAL AFFAIRS: Kurt Salac is responsible for overseeing all municipal contracts for Waste Connections in the State of Florida. In addition, Kurt provides strategic guidance, resources, and support for field operations. He has over eighteen (18) years of waste industry experience including field operations and support functions. He is experienced in all facets of business operations and specializes in operations management, as well as environment, safety, and health. His education background includes a Master of Science Degree at Carnegie Mellon University. Mr. Salac has extensive experience managing the municipal budget process with past experience as the Budget Director for the City of Pittsburgh, PA where he directed the planning, preparation and development of a $400 million operating, capital and community development budget. SITE MANAGER: Ryan Austin is the Site Manager for the St. Petersburg MRF and over sees all aspects of day-to-day operations. Ryan has over nine (9) years in the waste industry and recycling processing. Over the years, his work responsibilities have included scale operator, Operation Supervisor and Site Manager. Ryan is a lifetime resident of Pinellas County. OPERATIONS MANAGER: Sergio Garza is the Operations Manager for the St. Petersburg MRF and oversees operations for two (2) processing shifts. Sergio has over thirty-three (33) years of experience in the recycling industry and started his career with Waste Management/Recycle America. Sergio has been with Waste Connections for ten (10) years. His education background includes a Bachelor of Science Degree in Industrial Engineering REGIONAL ENGINEER: Kirk Wills is Waste Connections’ regional engineer for Florida. Mr. Wills is a graduate civil engineer from the University at Buffalo and has 29 years of experience in the environmental and solid waste industry, 17 of those years working as an environmental and solid waste engineering consultant and has been employed with Waste Connections for over twelve (12) years. His responsibilities include development, permitting, environmental compliance and project management for capital projects for Waste Connections’ facilities across the State of Florida. A native of central New York, Kirk relocated to Florida in 2000 and has been a proud resident since that time. Mr. Wills has been associated with the St. Petersburg MRF since its acquisition in 2012. Kirk was the project manager for all facility improvements and over saw the installation of the single stream recycling system at the facility. GOVERNMENT AFFAIRS MANAGER: Ian Boyle has worked various jobs in government and marketing. After receiving his master’s degree from the University of Massachusetts at Amherst, he began his career working for the Michigan State Senate in 1995 as a Labor and Transportation Policy Analyst. He worked in government policy and relations for five (5) years between the States of Michigan and the City of New York. For the last twelve (14) years, Mr. Boyle worked in advertising and marketing in New York, NY; Bridgeport, CT, Albuquerque, NM and Tampa, FL. An opportunity with the Tampa Bay Lightning brought him to the Tampa Bay market. Mr. Boyle’s role with WCI is to maintain and develop relationships with municipalities in the Gulf Region. In addition, he assists in the marketing strategy of the company on a regional and local level. TAB #3 – PROGRAM DESCRIPTION Per the requirements of ITN, #29-23, Single Stream Recycling Processing, all single stream recycling material from the City of Clearwater shall be processed at Waste Connections of Florida’s (WCI) Single Stream Recycling Materials Facility (MRF), located at the following address: 1190 20th St N St. Petersburg, FL 33713 Per ITN, #29-23, Single Stream Recycling Processing the following are the “DELIVERY REQUIREMENTS” as stated within the ITN A. The anticipated quantity of material delivered shall be approximately 750 to 1,000 tons monthly, of which the City will guarantee the successful bidder delivery of Program Materials. WCI’s understand the anticipated quantity of material delivered shall be approximately 750 to 1,000 tons monthly. Currently, our facility processes over 6,000 tons of recyclable material per month. All recycling material in unincorporated Hillsborough County, Pasco County, the City of St. Petersburg and every contract we service in Pinellas County is processed in St. Petersburg. B. The successful bidder is required to maintain state-certified vehicle weight scales for the purposes of weighing, tracking, and reporting inbound quantities of Program Materials. See WCI’s State Certificate for the MRF’s scales in Tab 2 C. The designated Material Recovery/Recycling Facility shall be capable of accepting Program Materials from all types of delivery vehicles, including, but not limited to roll-off trucks, automatic side-loader trucks, semi-/tractor trailers, and other collection vehicles as deemed necessary by the City. The St. Pete MRF can accept all trucks listed in the ITN except for vehicles that require tippers. D. The successful bidder is required to designate or appoint in writing to the City, one (1) or more representatives who are authorized to always act on behalf of the Vendor regarding all matters involving the conduct of Services pursuant to the specifications contained herein. Kurt Salac, Director of Municipal Affairs, (727) 254-8527 Ryan Austin , Site Manager (727) 252-8394 Sergio Garza, Operations Manager (813) 399-9571 E. The successful bidder is required to maintain on-site, and supply to the City, a Contingency Plan with procedures that shall be executed in the event Program Materials cannot be delivered and/or processed at the Material Recovery/Recycling Facility for any reason. The goal of this requirement, concurrent with terms stipulated in final agreement form, is to prevent Program Materials from being processed as Municipal Solid Waste, which includes but is not limited to, by incineration or landfill disposal. WCI has a working relationship with Single Stream Recyclers LLC, (SSR), in Sarasota, FL. In the event WCI cannot process the City of Clearwater’s material, it shall be transported to SSR for processing. SRR is located at the following address: Single Stream Recyclers LLC 3901 N. Orange Ave. Sarasota, FL 34234 F. The City will deliver Program Materials of like quality pursuant to the material specifications described in Section 5.A. (“MINIMUM QUALIFICATIONS”). Understood and are in agreement. G. Bidders acknowledge that the City collects and delivers Program Materials for processing during weekdays from Monday through Friday, including designated holidays of the City of Clearwater. Bidders should note exceptions during which the closure of a Materials Recycling/Recovery Facility would preclude the City from delivering materials in accordance with the specifications contained herein Facility information Office Number: 727-822-8962 Telephone Number-24 Hr: (727) 252-8394 Office Hours: Monday - Friday (6:00am to 5:00pm) Operating Hours: Monday – Friday (4:30am to 2:30am) Site Loading Hours (Outbound Loads): Monday – Friday (6:00am to 4:00pm) Prohibited Waste include but are not limited to; hazardous materials as defined by RCRA, refrigerants, tires, asbestos, explosives, bulk containerized liquids or radioactive materials. WCI reserve the right to reject any load deemed not permissible. Other Important Information: Main Entrance/Scale House Gate - The physical address of the facility is 1190 20th Street North, St Petersburg, FL 33713. To access the scale house enter the gate and drive straight through and park in the spaces by the double glass doors. All drivers must report to the scale house to exchange the proper paperwork or load documents. To access the scale, turn left after entering the property and pull onto the scale. The scale operator will switch the light from red to green when your weight has been captured. Once green, proceed to the dock, ramp, or tip floor as discussed with the scale operator. All visitors and contractors will report to the scale house or site supervisor. Scale personnel will direct the visitor to the appropriate department. Site Rules Vehicle Safety Rules and Regulation 5 mph speed limit Riding on the Rear or hanging on the side of the vehicle will not be permitted All vehicles shall approach the scale with caution Wait for scale attendant to signal you to proceed (Red Light turns Green) All vehicles shall follow the instruction of the spotter at all times Yield to traffic exiting the tipping floor Tipping floor PPE requirements are hard hat, Hi-Viz safety vest, work shoes, gloves, and safety glasses Helpers are not permitted on the tipping floor at any time Do not release tailgate prior to entering tipping floor Loader Operator will assist vehicles backing onto the tipping floor All vehicles must close tailgates and lower boxes before exiting the tipping floor No alcohol, drugs or weapons are permitted on PWS property at any time. Exterior Traffic Control Traffic Flow - The St Pete MRF’s tip floor is located on the West side of the building to the South of the retention pond. Vehicles exiting the scale will turn left after the trailer and circle around to the West side of the property to discharge their load. Drivers must wait for direction of the loader operator prior to entering the tip floor. All vehicles shall fully eject their solid waste or recyclable materials directly onto the corresponding tipping floor. All materials must be contained within the tipping floor when ejected. Vehicles must cleanout inside the tipping floor or at the cleanout area provided at the scale entrance. After fully ejecting materials all vehicles must slowly drive back to the scale. The scale operator will obtain a tare weight and signal to the driver that the tare weight was obtained. Drivers will park and walk to the office to exchange all required load documents. Commodity transfer vehicles will be directed to the MRF loading dock or portable loading ramp located toward the East side of the MRF building. After meeting with the scale operator and receiving instructions, any further questions can be directed to a forklift operator once the driver exits the scale and proceeds to the dock or ramp. All commodities transfer vehicles must slowly pull onto the scale after being loaded. The scale operator will signal to the driver when the gross weight has been obtained. Driver will walk back to the scale office for outbound weights and load documentation. Personal Protective Equipment All personnel entering the tip floor area and building are required to wear the following: hard hat, safety glasses, hi-viz vest, gloves and work boots. TAB 4 – COST OF SERVICES Per Revised ITN #29-23 the cost portion of the proposal should include the following elements: For the City’s Program Materials delivered to the facility located at: MRF/RMPF Address 1190 20th St N St. Petersburg, FL 33713 Proposed Compensation Processing Fee $140 per ton Average Market Value As defined in ITN #29-23 Option 1: Percent Revenue Share (100% of Program Recyclables) 0% - No Revenue Share TAB 5 – OTHER FORMS Please find the following required Documents per Revised ITN #29-23 Exceptions/Additional Materials/Addenda form Vendor Information form Vendor Certification of Proposal form Scrutinized Companies form(s) as required E-Verify Eligibility form W-9 Form. Include a current W-9 form Per ITN #29-23, Single Stream Processing of Recyclable Materials please find the following ‘Exceptions’ 1) Section S.3 – How far “downstream” does the Contractor have to go to classify • Section S.4 - Please amend to permit an assignment as a right to an affiliated company of Contractor. Additionally, the City’s consent to assignment pursuant to this section should not be unreasonably withheld. The Contractor requires reasonable rights to assign its rights under the agreement. • Section S.7 – Because of the capital required and the dedication of capacity to this contract, this needs to be an exclusive agreement for one processing company. Please revise. • Section S.14 – As this is a fixed price contract, please delete the provision that the City can review payroll records as they are not necessary because of the nature of the contract and they are confidential. • Section S.17(c) – This provision is oddly worded. Any default notice should be a mandatory requirement, not, “at its option” or “may.” Please revise to make this a mandatory step, not permissive. • Section S.20 – As the capital and start-up costs for this contract are extensive, termination for convenience is not an equitable remedy. The contract should only be terminated for an uncured default. Please delete this section. • Section S.25 - The Proposer is willing to provide reasonable indemnification to the City, but it should not be required to indemnify the City for its own (i) negligence or willful misconduct, (ii) breach of the contract, or (iii) violations of law. Please delete the section on Page 37 as written and replace with the following, “The parties recognize that the Contractor is an independent contractor. The Contractor agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys (collectively, the “Indemnified Parties”) of, from, and against all liability and expenses, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use (collectively, the “Claims”), to the extent arising out of the Franchise Collector’s negligence or willful misconduct in the execution, performance, nonperformance, or enforcement of the terms and conditions of this ITN. The Contractor’s liability hereunder shall include all reasonable attorney’s fees and costs incurred by the City in the enforcement of this indemnification provision. This includes claims made by the employees of the Contractor’s against the City and the Contractor hereby waives entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under the Contract. Nothing contained in the foregoing indemnification shall be construed to be a waiver of any immunity or limitation of liability the City may be entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. Nothing contained herein shall obligate the Contractor to assume liability for or indemnify, hold harmless, or defend any Indemnified Party to the extent the Claims are caused by: (i) the negligence or willful misconduct of any Indemnified Party; (ii) the breach of any terms, conditions, covenants, representations, or warranties in this ITN or the resulting contract by the City; or (iii) the violation of any laws, rules, regulations, ordinances, orders, licenses, or permits by any Indemnified Party.” • Section S.28 – The City should guarantee that all recyclable materials will be delivered to the Contractor as the exclusive provider of the same. Please delete and revise. • Section S.38 – Please add epidemic and pandemic to the list of Force Majeure events. • Section 4 – Please change the starting date of this contract to conform with the current schedule. Additionally, since the capital and the dedication of resources necessary to perform this contract are extensive, please revise the initial term to be three (3) years and each renewal term three (3) years with mutual agreement between the parties. • the delivery of the program materials. • Section 7(a) – Please delete the right for the City to request full insurance policies. Those policies can run into the thousands of pages and are considered trade secret and proprietary information of the Company. • Milestone Section 4 – As this is a very dynamic recycling market and each contract and material is different, please delete section (a). Additionally, CPI should be automatically granted, not permissive, the numbers are what the numbers are, there is no interpretation. Will the City consider using the Garbage and Trash index of the CPI as it is more closely aligned with the industry? Additionally, please delete the possibility that pricing may go down with a reduction in the CPI. There has never been a history of costs going negative even if the CPI is negative. • Please delete the ability for the City to unilaterally change the materials that are to be accepted at the MRF. This must be in consultation with the MRF as some materials may not be able to be accepted. • • There is no language to conduct a composition study after the execution of the contract. Would the City consider adding language to include the performance of a composition study with the first three months after the execution of the contract? • Since there is no draft contract provided, please clarify that this is a negotiation and that if there is a resulting contract, there will be an opportunity to negotiate the general and specific terms. • Please add that the City hereby grants the semi exclusive right and privilege to Contractor to perform all of the Services set forth in the ITN. The City may, in its sole discretion, enforce the exclusivity provisions of the Agreement against third-party violators, taking into account the cost of doing so and other factors. Contractor may independently enforce the exclusivity provisions of the Agreement against third-party violators, including, but not limited to, seeking injunctive relief and/or damages, and the City shall use good-faith efforts to cooperate in such enforcement actions brought by Contractor. The City shall use its best efforts to adopt ordinances, rules or regulations that have the effect of requiring third parties, including, without limitation, customers, to comply with the provisions of the Agreement, including, without limitation, the exclusive service rights granted to Contractor pursuant to the Agreement. • Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to process any material which is or contains, or which Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations (“Excluded Waste”); (b) if Contractor finds what reasonably appears to be discarded Excluded Waste, Contractor shall promptly notify the City and the producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any Excluded Waste shall remain with the producer of the Excluded Waste, even if Contractor inadvertently processes or disposes of such Excluded Waste. Cost for handling the Excluded waste shall be the responsibility of the City. • Any equipment furnished hereunder by Contractor shall remain the property of Contractor. The word “equipment” as used in this Agreement shall mean all machines, vehicles, and containers used for the storage, processing, and transportation of non- hazardous recyclable materials and the contamination. • Notwithstanding anything herein to the contrary, Contractor may pass through and the customers shall pay to Contractor any documented increases in disposal fees, increases in Contractor's costs due to changes in local, state or federal rules, ordinances or regulations applicable to Contractor's operations or the services provided hereunder, and any increases in and newly imposed taxes, fees or other governmental charges assessed against or passed through to Contractor (other than income or real property taxes). • If the City shall be in breach of any provision of this Agreement, Contractor may suspend its performance hereunder until such breach has been cured or terminate this Agreement; provided, however, that no termination of this Agreement by Contractor shall be effective until Contractor has given written notice of such breach to the City and the City has failed to cure such breach within thirty (30) days after its receipt of such notice. Upon any such failure to cure, Contractor may terminate this Agreement by giving the City written notice of such termination, which shall become effective upon receipt of such notice. Page 1 of 1 Addendum #1 ITN #29-23, Single Stream Recycling Processing March 9, 2023 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on Invitation to Negotiate #29-23, Single Stream Recycling Processing. Question 1: In an effort to ensure a well-researched and thorough bid submittal, can the due date be extended two weeks? Answer to Question 1: The City has decided to extend the due date until 10:00AM, Local Time, Friday, April 14, 2023. To ensure all questions are answered in a timely manner, all questions pertaining to this solicitation must be received no later than April 4, 2023. End of Questions and Answers End of Addenda Page 1 of 4 Addendum #2 ITN #29-23, Single Stream Recycling Processing March 27, 2023 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on Invitation to Negotiate #29-23, Single Stream Recycling Processing. Please note that Deletions / Additions have been made to the solicitation. Please reference the City or Clearwater’s Purchasing Solicitations at: https://www.myclearwater.com/Business-Development/Doing-Business-with-the-City/Purchasing-Solicitations for the latest changes. Remove: Invitation to Negotiate # 29-23 Replace: REVISED Invitation to Negotiate # 29-23 Please remove the earlier version of the Invitation to Negotiate # 29-23 and replace with REVISED Invitation to Negotiate # 29-23. Note: All deletions to the document will be presented as: Deletions; All additions to the document will be presented as: Additions Question 1: Page 7 - Instructions (i27) Cost Justification – Would the City be agreeable to removing this requirement as certain financial information may be sensitive or confidential? Answer to Question 1: Any exceptions to the City’s standard Terms and Conditions shall be noted on the EXCEPTIONS/ADDITIONAL MATERIAL/ ADDENDA form, page 23 of the solicitation in order to be reviewed and considered. Reference STANDARD TERMS AND CONDITIONA, S.13, OPENNESS OF PROCUREMENT PROCESS, pages 10-11 and RESPONSE ELEMENTS, 2. Proposal Format for information regarding confidential information. Question 2: Page 8 - Standard Terms/Conditions (S7) – Non-Exclusivity – Would the City agree that this provision (S.7) is not applicable to this ITN and that the arrangement will be exclusive? Answer to Question 2: See Answer to Question 1 above. Question 3: Page 12 – Standard Terms/Conditions (S20) – Termination for Convenience – Will the City allow the Termination for Convenience provision to be mutual (i.e., a right of both parties?). Answer to Question 3: See Answer to Question 1 above. Question 4: Page 16 – Detailed Specifications (2) Background – Please clearly define “Partner Municipalities”. Which municipalities and with how much monthly volume in Tons? Are there currently intermunicipal agreements in place? Answer to Question 4: Partner municipalities include the Town of Belleair and the City of Safety Harbor, which the City provides for the collection and/or processing of Program Page 2 of 4 Materials at a cumulative monthly volume averaging 150-175 Tons. There are presently no intermunicipal agreements in effect. Question 5: Page 13 – S.25 Indemnification/Liability – Would the City agree that the contractor does not have an obligation to indemnify the City for claims arising from the City’s negligence or wrongful conduct? Answer to Question 5: See Answer to Question 1 above. Question 6: Page 16 & 17 – Detailed Specifications (4) Additional Specifications – Some changes/clarifications we would need to the commodity Indexes to be used in the Average Material Value (AMV): • What composition will be used at the outset of the agreement and at what intervals would that be updated? The composition formula utilized to project the initial AMV will be based on the December 2022 Materials Composition Analysis. Reference Exhibit A_City of Clearwater Composition Analysis. • As part of the AMV, the combined cost to transport and dispose of contamination/residue must be included at the percentage allocated in the total composition. This cost would be stated in an example AMV provided in our proposal. Please confirm this will be allowed. Costs associated with disposal of residue or contaminated material may be included in the AMV to the extent of the material composition. • For Sorted Residential Paper (#56), this is sold as Mixed Paper (#54) and would be marketed at the same price as Mixed Paper – please confirm this is acceptable to the City? Secondary indices are permissible per Section 4 “ADDITIONAL SPECIFICATIONS” upon mutual agreement between the City and awarded Vendor based upon recent pricing data, to be negotiated in the form of a final contract. • There is no longer enough Aseptic in the stream to market as a sperate item and whatever small amount that would show up in the composition would be entered as a $0/ton item but would still be accepted. Please confirm this is acceptable. Reference REVISED Invitation to Negotiate # 29-23, DETAILED SPECIFICATIONS, 4. Additional Specifications (C), page 18 of the solicitation. • As we often have to settle for less than the “high” part of the pricing range in poor markets, we do not agree with paying the $5/ton over the posted high for Residential Paper or the $10/ton over the posted high for Old Cardboard Containers. We will agree to pay the average between the posted high and low points in the range – please confirm this would be acceptable? Reference REVISED Invitation to Negotiate # 29-23, DETAILED SPECIFICATIONS, 4. Additional Specifications (C), page 18 of the solicitation. • We use the SMP (Secondary Materials Pricing) Index for fiber materials rather than RISI. Examples can be provided. Please confirm this is acceptable. Reference REVISED Invitation to Negotiate # 29-23, DETAILED SPECIFICATIONS, 4. Additional Specifications (C), page 18 of the solicitation. • We use SMP for Glass pricing. Please confirm this is acceptable. Reference REVISED Invitation to Negotiate # 29-23, DETAILED SPECIFICATIONS, 4. Additional Specifications (C), page 18 of the solicitation. Page 3 of 4 Question 7: Page 18 – Detailed Specifications (6A) Delivery Requirements – the stated volume range is not detailed enough for a proposal to be submitted. The City has historically delivered no more than slightly over 700 tons per month and that includes some other “partner municipalities. Please provide a list of all participating municipalities with the average monthly volume for each. Also confirm whether the City is seeking out new additional partner cities and if there are intermunicipal agreements in place? Answer to Question 7: The stated volume range of Program Materials shall fluctuate from time to time, however, is anticipated to remain between 750 to 1,000 tons of delivered material monthly. See Answer to Question #4 above. The City is presently not seeking to enter into service agreements with additional municipalities at this time. Question 8: Page 18 – Detailed Specifications (6A) Delivery Requirements -Please confirm if a proposer can limit the amount of monthly volume accepted with their submittal. Answer to Question 8: Respondents may not place a limit on the monthly amount of accepted Program Materials below the stated volume range. Question 9: Page 18 – Detailed Specifications (6E) Delivery Requirements – How does letter E tie into the Force Majeure section on pages 14 & 15? While a Contingency Plan can certainly be provided, there may be times, such as a damaging fire at the recycling facility, where material must be diverted. If the Contingency Plan is maximized and material still has no where to viably be sent, there should be language for disposal at a Waste to Energy Facility of landfill strictly as a last resort. Please confirm this would be acceptable? Answer to Question 9: The requirement of a Contingency Plan is intended to provide for identified protocols to regularly maximize the processing of Program Materials as a recyclable commodity. This requirement is not intended to substitute or conflict with the expressed terms outlined in the Force Majeure clause. Question 10: Page 19 Insurance Requirements – Please confirm Professional Liability/Malpractice/Errors or Omissions Insurance is not required? Answer to Question 10: The City is amenable to negotiating the Professional Liability insurance requirement in the form of a final contract with the awarded Vendor. Question 11: Page 19 Insurance Requirements – The contractor’s insurance policies are managed uniformly on a company-wide basis and the deductibles/SIR cannot be reduced or eliminated – please confirm the City will omit the requirement of reducing/eliminating the deductible/SIR? Answer to Question 11: The City will not be removing this requirement. All exceptions to the bid specifications shall be noted on the EXCEPTIONS/ADDITIONAL MATERIAL/ ADDENDA form, page 23 of the solicitation. Question 12: Page 21 – Milestones (2) Extension – Would the City agree to limit any extension period to 180 days? Answer to Question 12: The City is amenable to negotiating the extension period in the form of a final contract with the awarded Vendor. Page 4 of 4 Question 13: Page 21 – Milestones (3) Renewal –Would the City agree that any renewal would be mutually agreed upon (not at the sole discretion of the City)? Answer to Question 13: The City is amenable to negotiating the renewal stipulations in the form of a final contract with the awarded Vendor. Question 14: Page 21 – Milestones (4b) Pricing – Can the City make the CPI increase at the renewal anniversary an automatic increase (in no way discretionary)? Answer to Question 14: Upon the renewal anniversary, Contractors are required to submit a written request to the City for any price increase(s). Reference MILESTONES, 4. Prices (b), page 23 of the REVISED solicitation. Question 15: Page 21 – Milestones (4a) Pricing – We cannot agree to the provision that certifies the City will be offered the lowest price for services. Our costs are constantly changing and contingent upon numerous and varied factors. Please confirm this provision can be removed. Answer to Question 15: See Answer to Question 1 above. End of Questions and Answers All other dates and terms and conditions remain the same in this Invitation to Negotiate. End of Addenda Page 1 of 5 Addendum #3 ITN #29-23, Single Stream Recycling Processing April 7, 2023 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on Invitation to Negotiate #29-23, Single Stream Recycling Processing. Question 1: Section S.3 – How far “downstream” does the Contractor have to go to classify someone as a “subcontractor?” For example, if the Contractor uses a third-party trucking company to take the processed materials to the port, would that company be considered a subcontractor? Would a commodity broker be considered a subcontractor? Please clarify. Answer to Question 1: While a subcontractor is not specifically defined in the solicitation, the City considers a subcontractor to be a business or person that is hired by the Contractor to perform specific duties as part of a larger project. Question 2: Section S.4 - Please amend to permit an assignment as a right to an affiliated company of Contractor. Additionally, the City’s consent to assignment pursuant to this section should not be unreasonably withheld. The Contractor requires reasonable rights to assign its rights under the agreement. Answer to Question 2: Reference Addendum 2, Answer to Question 1. Question 3: Section S.7 – Because of the capital required and the dedication of capacity to this contract, this needs to be an exclusive agreement for one processing company. Please revise. Answer to Question 3: The City is amenable to negotiations. Reference Addendum 2, Answer to Question 1. Question 4: Section S.14 – As this is a fixed price contract, please delete the provision that the City can review payroll records as they are not necessary because of the nature of the contract and they are confidential. Answer to Question 4: Reference Addendum 2, Answer to Question 1. Question 5: Section S.15 – The background check is overly broad-based. Can the City please be more specific with intent under these terms? Who specifically would you consider to fall under the provision of this section? Answer to Question 5: Any Contractor personnel that is performing services under the Agreement would be subject to a background check at the City’s request. Question 6: Section S.17(c) – This provision is oddly worded. Any default notice should be a mandatory requirement, not, “at its option” or “may.” Please revise to make this a mandatory step, not permissive. Answer to Question 6: Reference Addendum 2, Answer to Question 1. Question 7: Section S.20 – As the capital and start-up costs for this contract are extensive, termination for convenience is not an equitable remedy. The contract should only be terminated for an uncured default. Please delete this section. Answer to Question 7: Reference Addendum 2, Answer to Question 1. Question 8: Section S.25 - The Proposer is willing to provide reasonable indemnification to the City, but it should not be required to indemnify the City for its own (i) negligence or willful misconduct, (ii) breach of the contract, or (iii) violations of law. Please delete the section on Page 37 as written and replace with Page 2 of 5 the following, “The parties recognize that the Contractor is an independent contractor. The Contractor agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys (collectively, the “Indemnified Parties”) of, from, and against all liability and expenses, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use (collectively, the “Claims”), to the extent arising out of the Franchise Collector’s negligence or willful misconduct in the execution, performance, nonperformance, or enforcement of the terms and conditions of this ITN. The Contractor’s liability hereunder shall include all reasonable attorney’s fees and costs incurred by the City in the enforcement of this indemnification provision. This includes claims made by the employees of the Contractor’s against the City and the Contractor hereby waives entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under the Contract. Nothing contained in the foregoing indemnification shall be construed to be a waiver of any immunity or limitation of liability the City may be entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. Nothing contained herein shall obligate the Contractor to assume liability for or indemnify, hold harmless, or defend any Indemnified Party to the extent the Claims are caused by: (i) the negligence or willful misconduct of any Indemnified Party; (ii) the breach of any terms, conditions, covenants, representations, or warranties in this ITN or the resulting contract by the City; or (iii) the violation of any laws, rules, regulations, ordinances, orders, licenses, or permits by any Indemnified Party.” Answer to Question 8: Reference Addendum 2, Answer to Question 1. Question 9: Section S.28 – The City should guarantee that all recyclable materials will be delivered to the Contractor as the exclusive provider of the same. Please delete and revise Answer to Question 9: Reference Addendum 2, Answer to Question 1. Question 10: Section S.38 – Please add epidemic and pandemic to the list of Force Majeure events. Answer to Question 10: Reference Answer to Question 3 above. Question 11: Section 3 – This section conflicts with the non-exclusive language in S7, please revise to conform and confirm it is exclusive. Answer to Question 11: The City intends to enter into a single agreement with one (1) vendor for single stream recycling. Question 12: In Sections 3 & 4 on Page 16, the ITN states that recycling will be accepted from “commercial” customers. If the commercial recycling is contracted to a private hauler by the commercial establishment as permitted under state law, the City is not permitted to direct those materials to a particular processing facility. Please clarify what “commercial” recycling materials the selected proposer will be expected to accept and from what sources. Answer to Question 12: Per Section 3 - SCOPE OF WORK and Section 4 - ADDITIONAL SPECIFICATIONS, Program Materials are collected from commercial customers that utilize the City of Clearwater for single stream recycling services. The City does not require nor direct commercial establishments to contract recycling services to a specific entity. See Answer to Question 19 below for additional clarification on material sources. Question 13: Section 4 – Please change the starting date of this contract to conform with the current schedule. Additionally, since the capital and the dedication of resources necessary to perform this contract are extensive, please revise the initial term to be three (3) years and each renewal term three (3) years with mutual agreement between the parties. Page 3 of 5 Answer to Question 13: The City intends to commence services under a contract beginning in May 2023. The City is amendable to negotiating the initial and renewal terms in the form of a final contract with the awarded Vendor. Question 14: Section 6(A) – Please clarify in other section of this ITN the concept here that the City will guarantee the delivery of the program materials. Answer to Question 14: Reference Addendum 2, Answer to Question 7. Question 15: Section 7(a) – Please delete the right for the City to request full insurance policies. Those policies can run into thousands of pages and are considered trade secret and proprietary information of the Company. Answer to Question 15: Reference Addendum 2, Answer to Question 1. Question 16: Milestone Sections 1,2,3 – please adjust as requested above. Answer to Question 16: Reference Answer to Question 13 above. Question 17: Milestone Section 4 – As this is a very dynamic recycling market and each contract and material is different, please delete section (a). Additionally, CPI should be automatically granted, not permissive, the numbers are what the numbers are, there is no interpretation. Will the City consider using the Garbage and Trash index of the CPI as it is more closely aligned with the industry? Additionally, please delete the possibility that pricing may go down with a reduction in the CPI. There has never been a history of costs going negative even if the CPI is negative. Answer to Question 17: Reference Answer to Question 3 above. Question 18: Please explain the distinction between contamination and residue and how each is treated by the City. In particular, please quantify the percentage and tons of both. Additionally, how is the Contractor supposed to determine and classify between the two? (This is important because of the disposal fees) How does this get figured into the commodity list and the percentages. Answer to Question 18: Reference REVISED ITN 29-23_Single Stream Recycling Processing, Detailed Specifications, 6. Delivery Requirements, K. Load Rejection Procedures, page 21 of the solicitation and Addendum 2, Answer to Question 6. Question 19: “Program Materials” is never clearly defined and the places where that term is used state that Program Materials “includes” certain materials, but nowhere in the ITN does it limit the materials to those enumerated. Please clarify and enumerate the specific Program Materials to be accepted at the processing facility and add to the ITN that should the City wish to add to Program Materials during the term of the agreement, it may only do so with the mutual agreement of the processing facility. The selected vendor needs the opportunity consider the change to the Program Materials list to make sure it is a material that can be processed in the facility. Answer to Question 19: Per Section 5(A) - Quality of Material Standards, the successful bidder must be able to accept Program Materials; and acknowledge contamination ratios of delivered materials may fluctuate from time to time. See Exhibit A - City of Clearwater Composition Analysis for current single stream materials and composition. The City retains the right to work with any future Vendor to modify this list, should the City seek to include additional streams. Question 20: Is there a form for the processing fee and the percentage share that the proposers will bid? Answer to Question 20: Reference REVISED ITN 29-23_Single Stream Recycling Processing, Response Elements, Tab 4 – Cost of Services, page 24 of the solicitation. Page 4 of 5 Question 21: There is no composition study attached or recognition of the percentages of each commodity in each ton. Since all commodities are comingled when delivered to the facility, it is impossible to determine the composition of each load. Please explain how the AMV will be calculated without knowing the composition of each ton. Is the city able to provide the current commodity composition? Answer to Question 21: Reference Addendum 2, Answer to Question 6. Question 22: There is no language to conduct a composition study after the execution of the contract. Would the City consider adding language to include the performance of a composition study with the first three months after the execution of the contract? Answer to Question 22: Reference Answer to Question 3 above. Question 23: Since there is no draft contract provided, please clarify that this is a negotiation and that if there is a resulting contract, there will be an opportunity to negotiate the general and specific terms. Answer to Question 23: Reference Answer to Question 3 above. Question 24: Please add that the City hereby grants the semi exclusive right and privilege to Contractor to perform all of the Services set forth in the ITN. The City may, in its sole discretion, enforce the exclusivity provisions of the Agreement against third-party violators, taking into account the cost of doing so and other factors. Contractor may independently enforce the exclusivity provisions of the Agreement against third-party violators, including, but not limited to, seeking injunctive relief and/or damages, and the City shall use good-faith efforts to cooperate in such enforcement actions brought by Contractor. The City shall use its best efforts to adopt ordinances, rules or regulations that have the effect of requiring third parties, including, without limitation, customers, to comply with the provisions of the Agreement, including, without limitation, the exclusive service rights granted to Contractor pursuant to the Agreement. Answer to Question 24: Reference Addendum 2, Answer to Question 1. Question 25: Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to process any material which is or contains, or which Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations (“Excluded Waste”); (b) if Contractor finds what reasonably appears to be discarded Excluded Waste, Contractor shall promptly notify the City and the producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any Excluded Waste shall remain with the producer of the Excluded Waste, even if Contractor inadvertently processes or disposes of such Excluded Waste. Cost for handling the Excluded waste shall be the responsibility of the City. Answer to Question 25: Reference Addendum 2, Answer to Question 1. Question 26: Any equipment furnished hereunder by Contractor shall remain the property of Contractor. The word “equipment” as used in this Agreement shall mean all machines, vehicles, and containers used for the storage, processing, and transportation of non-hazardous recyclable materials and the contamination. Answer to Question 26: Reference Addendum 2, Answer to Question 1. Question 27: Notwithstanding anything herein to the contrary, Contractor may pass through and the customers shall pay to Contractor any documented increases in disposal fees, increases in Contractor's costs due to changes in local, state or federal rules, ordinances or regulations applicable to Contractor's operations or the services provided hereunder, and any increases in and newly imposed taxes, fees or other governmental charges assessed against or passed through to Contractor (other than income or real property taxes). Answer to Question 27: Reference Addendum 2, Answer to Question 1. Page 5 of 5 Question 28: If the City shall be in breach of any provision of this Agreement, Contractor may suspend its performance hereunder until such breach has been cured or terminate this Agreement; provided, however, that no termination of this Agreement by Contractor shall be effective until Contractor has given written notice of such breach to the City and the City has failed to cure such breach within thirty (30) days after its receipt of such notice. Upon any such failure to cure, Contractor may terminate this Agreement by giving the City written notice of such termination, which shall become effective upon receipt of such notice. Answer to Question 28: Reference Addendum 2, Answer to Question 1. Please Note: The ten (10) day deadline for submitting questions is now closed and no further questions will be responded to. End of Questions and Answers End of Addenda Give Form to the requester. Do not send to the I RS. Request for Taxpayer Identification Number and Certification (Rev. October 2018) Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. •• W-9 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Waste Connections of Florida, Inc 2 Business name/disregarded entity name, if different from above Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner . Exempt payee code (if any)_ 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): (Applies to accounts maintained outside the U.S.) [ rustestate [ Partnership D S Corporation [ c corporation D Individual/sole proprietor or single-member LLC [_] Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) c a, 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the g following seven boxes. 0. c 0 . o £ 0.o 27 sE 5 - C .__ a. o ..:: g [ other (see instructions)> 8's A&Gress aunts. sleet. and sol. ors0no)ss sir.ions a.auesersmamend.ddressos%nan Q) $ [3 Waterway Square PL, Ste 110 6 City, state, and ZIP code The Woodlands, TX 77380 7 List account number(s) here (optional) or I Employer identification number IL _II Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. llEZif Taxpayer Iden~fcation Number(TIN I Social security number I 20 -0435940 Certification • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Date► Signature of U.S. person► General Inst Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Sign Here Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonm of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and di nds, o are not require to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Cat. No. 10231X Form W-9ev. 10-2018) Thank you for consideration We look forward to working with the City of Clearwater Waste Management Inc. of Florida 3518 4th Avenue East Tampa, FL 33605 April 14, 2023 City of Clearwater 1701 N Hercules Ave Clearwater, FL 33765 Attn: Ms. Lori Vogel, CPPB, Procurement Manager Dear Ms. Vogel: Waste Management Inc. of Florida (WM) appreciates our partnership with the City of Clearwater (City) during our tenure as your recycling processor over the last 10 years. We hope to build upon the strong foundation of trusted service that we have developed in collaboration with your team to continue providing world-class processing services for your community. Our trusted, long-tenured management and MRF team has worked collaboratively with your staff to build and operate a stable and reliable processing infrastructure to meet your service needs now and into the future. In addition, we have proven our ability to be flexible and customize our operations to meet your specific service requirements. As a result, the City knows from experience that you can rely on our company to meet your processing needs as promised. In addition, you can rest easy knowing that we always comply with all regulations and environmental standards, which is critical for maintaining the stability of your operations. Continuing a partnership with WM will give the City peace of mind that your recyclables will always be managed properly, even during the most critical times, as we did during the COVID-19 pandemic. The real strength of a company is realized when a crisis strikes. The bottom line is that the City knows what you will get with WM as your processing partner: A Tested, Proven, and Trusted Ally. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. WM understands that the City is seeking a processing partner that will accept, process, and market the City’s single stream recyclables in exchange for a processing fee and revenue-sharing arrangement adjusted to an Average Market Value (AMV) based on established indices. We understand that the source of the City’s 750 to 1,000 tons per month of single stream recyclables is from residential, multi- family, and commercial curbside collection programs. Lastly, we understand that the City intends to enter into a single agreement with one vendor to provide the processing and marketing of single stream materials delivered to an approved MRF within a 30-mile radius of 1701 N Hercules Ave, Clearwater, FL 33765. 2. A positive commitment to perform the service within the time period specified. WM commits to performing the services outlined in this proposal and required in the final agreement within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. Tim Bowers, the City’s dedicated WM Governmental Affairs Manager, will be the primary contact for the City for this agreement. In addition, the City may contact Mike DeClerck, Florida Area Director of Recycling Operations, with any questions. Tim Bowers | Governmental Affairs Manager | (561) 607-3038 | tbowers3@wm.com Mike DeClerck | Florida Area Director of Recycling Operations | (585) 303-8464 | mdeclerc@wm.com Thank you for the opportunity to participate in your selection of a recycling processing partner. We are excited about the potential to grow our partnership and build upon the strong foundation of services we have developed over our years of working together. Please do not hesitate to contact Tim with any questions regarding our proposal. Sincerely, David Myhan | President | Waste Management Inc. of Florida 1 | LETTER OF TRANSMITTAL ................................... I 2 | QUALIFICATIONS .................................................. 1 3 | PROGRAM DESCRIPTION ................................. 11 4 | COST OF SERVICES ........................................... 19 5 | OTHER FORMS .................................................... 20 6 | REQUESTED CLARIFICATIONS ........................ 26 The following information should be included: 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. A Tested, Proven, and Trusted Partner for the City WM has been recognized by Fortune as one of the World’s Most Admired Companies for the fifth consecutive year. This year, WM was ranked No. 1 among our industry peers. Fortune's list of the World's Most Admired Companies includes the best-regarded companies in 52 industries. Companies were ranked based on survey responses from executives, directors and analysts, and the top-rated companies were chosen from a pool of 645 companies in 27 countries. WM has been recognized as one of the 2023 World's Most Ethical Companies by Ethisphere, a global leader in defining and advancing the standards of ethical business practices, for the 14th consecutive year. WM: Who We Are and What We Do As North America’s leading provider of comprehensive environmental services, WM serves millions of residential, commercial, industrial, and municipal customers throughout the U.S. and Canada by collecting, transporting, and finding new uses for the waste they generate. We also collaborate with our customers to help them achieve their sustainability goals through managing and reducing waste and operating more sustainably. To serve our diverse customer base, we have developed the industry’s largest network of collection operations, transfer stations, and recycling and disposal facilities, led by a team of 48,300 employees motivated to go above and beyond. Unmatched in geographical reach and ability, our resources enable us to manage every aspect of our customers’ waste and recycling streams. The WM Difference: What Sets Us Apart Our commitment to being a “People First” organization and achieving “Success with Integrity” means striving for results in all we do. We hold ourselves to high standards of accountability, honesty, ethics, and compliance standards. Our people are committed to placing our core values of safety, customers, environment, and inclusion and diversity first in all they do. We believe our employees are our greatest asset, and if we take care of them, they will take care of our customers, communities, shareholders, environment, and each other. These commitments and values are the foundation for the many differentiators that set us apart from our competitors: Unprecedented investments in recycling infrastructure: Since the late 1990s, we have gained invaluable experience encompassing design, construction, operation, and maintenance of source separated recycling facilities, single stream operations, fiber-only plants, and commingled containers-only processing plants. Nationally, our network encompasses 135 recycling facilities, including 49 single-stream recycling Material Recovery Facilities (MRFs). Our next generation investments in recycling include adding/replacing eight new single stream MRFs (15% of our facilities) and upgrading 23 MRFs (44% of our facilities). Combined, we are investing in 30 of our facilities that process 95% of recycling tonnage handled at our MRFs. These new and improved facilities boost recycling efficiency and quality. Each facility will be highly automated based on Over the next four years WM plans to invest $1.625 billion to grow our recycling and renewable energy businesses. the typical material composition in that market, expected volumes and the types of recycled materials we plan to sell. Unparalleled recycling program: As North America’s leading post-consumer recycler and largest marketer of residential recyclables, WM has been leading change in the ever- growing and dynamic recycling industry for more than three decades. From the billions we have invested in recycling processing infrastructure to the 15.3 million tons of recyclables we managed in 2021 to the industry’s first recycling education program, Recycle Right - WM is committed to creating shared value and long-term recycling solutions that improve sustainability for our customers. View the following for Recycle Right tools and resources, wm.com/recycleright. Assets of $31.4 billion: As the largest asset-based company in the industry with more trucks, landfills, and recycling facilities than any of our competitors, we are positioned to provide unsurpassed service at the best value to the City. Our assets and solid financial metrics offer peace of mind and security for the City. Extensive local and regional resources: In addition to tapping into an industry-leading network of resources across North America, WM offers operational resources at a local and regional level. These resources can help you increase recycling, reduce costs, and optimize equipment, all adding up to world-class service delivery for the City. Single point of contact: WM’s Governmental Affairs Manager, Tim Bowers, will serve as the primary point of contact for the City. He will oversee all aspects of this agreement, confirm high customer satisfaction levels, implement, and monitor continuous improvement programs, and facilitate contract compliance. Tim will investigate and provide recommendations for escalated issues, review and analyze data, manage reports, and establish business reviews. Recycling Experience and Capabilities: WM is Growing Recycling Recycling is a growing and dynamic movement - what material is in demand, how it is collected, processed, and where a market exists is continuously evolving. As North America’s largest residential recycler our focus is on running a recycling operation that is able to constantly adapt, advance, and be sustained for future generations. We can only accomplish this by being an active contributor to our industry, working together with key stakeholders like the City, and leading the types of changes we believe are essential for current and future recycling growth and viability. WM’s Recycling Reach Across North America WM is Making Unprecedented Investments in Recycling Infrastructure Since the late 1990s, WM has gained invaluable experience designing, constructing, operating, and maintaining recycling facilities, and our network now encompasses 135 recycling facilities across North America, including 49 single-stream recycling Material Recovery Facilities (MRFs). And we are making commitments to grow our recycling business, with recycling playing an integral role in our growth strategy. Over the past decade, we have invested more than $1 billion in recycling infrastructure, and we plan to invest another $680 million in our recycling infrastructure over the next three years. Our next generation investments in recycling include adding or replacing eight new single stream MRFs (15% of our facilities) and upgrading 23 MRFs (44% of our facilities). By 2025, WM expects that 95% of the recycling volume flowing through our residential single stream MRFs will be processed with state-of- the-art processing technology. WM has invested more than $1 billion in recycling infrastructure over the past decade, we plan to invest $680 million in our recycling infrastructure over the next three years. Material Recovery Facilities Single Stream: 49 Commercial: 27 C&D: 9 Other: 11 These new and improved facilities boost recycling efficiency and quality. Each facility will be highly automated based on the typical material composition in that market, expected volumes and the types of recycled materials we plan to sell. Forging New Processing Technologies WM operations experts and engineers have collaborated with experts in material separation, image recognition technology, advanced screen technology, high speed baling technology, and other separating and cleaning techniques to continuously improve the efficiency and processing capabilities of our MRFs. In total, WM facilities handle upwards of 15 million tons of recyclables in a single year. Here are a few of the cutting-edge technologies at work at many of our MRFs across the country: Optical Sorters Optical sorters analyze materials moving along a conveyor belt, then use a stream of air to remove recyclable items at a rate of up to 600 pieces per minute. Robotics Robotics provide quality control, picking out additional materials that optical sorters may miss. Intelligent Sorting Intelligent sorting enables communication between all pieces of equipment in a MRF, which helps improve material quality and eliminate downtime. Volumetric Scanners Volumetric scanners evaluate how much material is distributed throughout a facility and adjust to prevent a system from being overloaded. Cameras Cameras identify contamination as soon as materials land on a MRF’s tipping floor, allowing us to quickly notify customers of any issues and remove the offending materials. Fire Suppression Technology Fire suppression technology detects fire or smoke that results from flammable materials that sometimes enter the recycling stream and, if needed, deploys a foam cannon to put out flames. Developing Recycling Infrastructure Houston, Texas The Westside Material Recovery Facility (MRF) was retrofitted with a state-of-the-art automated sorting system in 2022. This new system combines the latest processing technology with WM’s proprietary design to produce high- quality recyclable material that can meet the ever-increasing demands of end markets. The facility accepts single stream recyclable materials generated by and collected from residential and commercial customers throughout the greater Houston area. At full capacity, the facility can process up to 12,000 tons per month. Salt Lake City, Utah WM’s Salt Lake City MRF was completed in 2020 to support the needs of the state’s growing population. It includes equipment with advanced automation capabilities, sorting optics, innovative film screens, and ballistic 3D motion separators. The 50,000 SF facility is designed to annually process 125,000 tons of material. Chicago, Illinois The “MRF of the Future,” completed in 2019, is designed to process almost 250,000 tons of recyclables per year and has become a blueprint for other state-of-the-art facilities. The facility’s design includes advanced screening technology and integrated optical sorters that meet the needs of today’s recycling stream. Morrisville, North Carolina This recycling facility, completed in December 2020, is designed to process residential and commercial recyclables, producing high-quality outbound bales of feedstock. The $11M facility can process 80,000 tons of recyclables/year. San Leandro, California WM has invested in a revolutionary back-end solution for extracting recyclables and organics from residual waste at the Davis Street Recovery Facility. The facility can process 300,000 tons of waste each year, diverting 80% of organics and 90% of recyclables in the waste stream that would otherwise have gone to a landfill. Sun Valley, California WM’s Sun Valley Recycling Center opened in 2020. The facility has capacity to handle each of WM’s major waste streams - recycling, organics, and residual waste destined for landfills. Five hundred tons of recyclables can be sorted per day by the facility’s advanced sorting equipment. Organics are processed using a first-of-its-kind organics extraction and recycling system. Locally, WM has an 11-year history of proudly providing recycling processing and collection services in Tampa Bay and in collaboration with our customers, we have made great strides in the quality and quantity of material we process. Our dependable operations are overseen by a highly qualified group of WM employees with experience in the daily operation of recyclable collection, processing and transfer. The team we have assembled for the City represents top leaders at all levels – from plant management to commodity sales. Local Facility and Processing Capabilities All of the City’s recyclables will be processed at our Tampa MRF, WM Recycle Tampa Bay. As the sole owner and operator of the facility, recyclables are processed according to the highest industry standards. This facility has ample queuing, parking, processing and storage capability, and can effectively accommodate all incoming and outgoing City vehicles. Opened in 2012, the WM Recycle Tampa Bay exceeds 63,000 square feet and is located on a 4.8-acre site. Our Tampa facility exceeds all RFP capacity requirements and can process in excess of 100,000 tons of material per year. In addition to the WM Recycle Tampa Bay, we also have MRFs in Cocoa (WM Recycling Brevard) and Pembroke Pines (Reuter Recycling) that can serve as backup facilities. WM Recycle Tampa Bay utilizes the most technologically advanced sorting equipment available. Through ongoing equipment investments, upgrades, and maintenance, we seek to continuously improve MRF design, operational efficiency, recovery, and system optimization. Current sorting equipment includes: • Single Stream System • OCC Screens • ONP Screens • Polishing Screens • Paper Magnet • Steel Magnet • Glass Breaker Screen • 4 TiTech Optical Sorters • Eddy Current Separator • Two Ram (Harris Baler) • Open End Baler (120 Baler) • Tipper • Air Compressors • Loading Docks • Infeed Belt and Conveyors • 2 L60 Volvo Loaders Demand for Recyclables - A World Economy and its Local Impact Every day we work with customers like the City to collect, transport, and sort recyclables, but these local efforts are supported by global economic trends. When economies are thriving, people buy more, which increases the demand for recyclables that are used to produce new products. Also, when fuel prices are high there is a greater demand for recyclable petroleum-based products such as plastic bottles. Such economic factors and the overall strength of the global economy drive demand for recyclable material, the growth of single stream recycling infrastructure, and the expansion of collection programs at the local level. While a global market has supported recycling growth, it also means that market conditions – both positive and negative – are a reality that we must constantly manage in collaboration with our customers. For more than two decades, WM has sustained recycling programs despite a persistent decline in commodity markets. We have relied heavily on the experience, relationships, and proactive efforts of our material marketing team as well as significant investments in recycling technologies to ensure our Material Recovery Facilities (MRFs) are efficiently producing the highest quality feedstock to our customers. WM’s Material Marketing Team Our Material Marketing Team expertise is securing end markets for our customers’ materials, even during difficult economic times, has proven to be invaluable for the success of North America’s recycling programs. In addition to marketing to domestic and international customers, we target new markets based on global growth trends (GDP), new regulations, and the path of manufacturing. Our team works directly with all end consumers, cutting out the middleman and maximizing our ability to market material to its highest and best WM is the largest recycler in North America, handling over 15 million tons of recyclables per year at 135 processing facilities. Our Position on Plastic Exports WM has responded to market challenges by redirecting our efforts to establish responsible, domestic solutions for plastics. Nearly 82% of recyclables (paper and plastic) we collect are sold to domestic markets for processing and no plastics collected on our residential routes and processed at WM single stream MRFs are sent outside North America. Where there is no market, after we have exhausted every effort, we are disposing of this material responsibly. As your service provider, WM will be the City’s advocate for proper management of materials through end of life. use. We also work closely with our MRF operations teams to define changes in specifications and quality standards needed to market material. This allows our operations team to confirm the processing standards we utilize to yield material that can be sold. WM’s materials marketing team will consistently and aggressively: • Explore all potential short and long-term material sales options • Maintain an accurate and detailed compilation of end markets, market opportunities, and material market specifications • Negotiate and sell materials in an honest, forthright manner to our customers, for the best possible prices on behalf of our projects • Provide material marketing services that meet customer requirements and help sustain the dependability and long-term sustainability of programs. Sustainable Outlets Growing Domestically Since China’s retreat from the import market in 2018, domestic markets have slowly begun to come online - particularly for paper and plastic. New and expanded paper mills in the U.S. are using more curbside mixed paper and cardboard while the growing economy in the U.S. and the growth of e- commerce further bolsters fiber markets. At the same time, pressure on the plastic industry has increased demand for most plastic bottles. Manufacturers who have made commitments to using post-consumer content in their bottles to reduce GHG emissions and marine debris are stepping up to purchase more post-consumer plastic. WM markets more than 60% of paper and 100% of residential plastics processed at our MRFs to North American end markets. 2. Identification of senior and technical staff to be assigned to the City. Staff named in the proposal may not be substituted without notification to the City. Resumes, including relevant experience may be included. WM’s highly experienced management/operations team will provide world-class service for the City and your staff. Tim Bowers | Governmental Affairs Manager Tim will serve the City by overseeing WM's new agreement implementation. He will make sure all the City's needs and expectations are met. In addition to contract management, Tim is an active community citizen and will manage support and contribution activities to cultivate partnerships through participation in causes and events. Tim has over 30 years of experience in the environmental services industry. He has worked with municipal contracts for the past 15 years and is an experienced professional in governmental contract management. In addition, Tim maintains knowledge about legislation, regulations, and local ordinances regarding WM's delivery of services. He will oversee the efforts of our team to verify that obligations such as reporting are delivered per the contract, law, and company policy. Michael DeClerck | Florida Area Director of Recycling Operations Mike is the Area Director of Recycling Operations for Waste Management Inc. of Florida. His responsibilities include the management of processing facilities for WM's single stream recycling and business development activities related to single stream recycling in the state. Mike will lead recycling policy positions in Florida on behalf of WM and will engage with the City to align recycling goals, visions, and long-term processing technology investments. He is in his 33rd year in the solid waste industry and has experience across several disciplines, including post-collection operations, collection operations, the public sector, and marketing. Mike has been with WM since 2005. He is a six-time nominee and two-time winner of WM's highest recognition program – the Circle of Excellence. In addition, in 2018-2019, Michael was one of sixteen employees nationwide selected for the WM Corporate Leadership Summit, a year-long intensive development program crossing all disciplines. Past positions held at WM include Sr. District Manager – Collection Operations, Public Sector Municipal Solutions, Market Area Marketing Manager, Route Manager, Operations Customer Satisfaction Manager, Transfer Station, and Materials Recovery Facility (MRF) Facility Manager. Clearly define the program offered and your method of approach to include, but not limited to the following elements: 1. Location of proposed recycling of materials program facility. WM will accept and process the City’s single stream recyclables, as defined below, at our WM owned and operated WM Recycle Tampa Bay, located at 3518 4th Avenue East, Tampa, FL 33605, which is 23.8 miles from the City’s Solid Waste/Recycling Department at 1701 N Hercules Ave. Material and Delivery Specifications As a society, we understand that recycling is important, but in order for recycling to make an impact, we have to recycle right. Today’s most successful and sustainable recycling programs emphasize the value of the acceptable materials. We must ask ourselves, does this material have a viable market? If the answer is yes, we must also ensure the material we are recycling is properly prepared, clean, and free from contamination. Our list of acceptable materials is reflective of today’s market reality and includes only materials that meet industry quality standards and have viable market demands. However, due to the length of our Contract with the City, it is important to allow for the possibility that this list may need to be adjusted at some point. Contract language must support our collective need to make changes to acceptable materials in order to respond to global market demands as well as protect the quality of material we process. In light of these considerations, we propose the following contract language: Single Stream Specifications RECYCLABLE MATERIALS must be dry, loose (not bagged), unshredded, empty, and include ONLY the following: Aluminum cans Newspaper PET bottles with the symbol #1 – with screw tops only Mail HDPE plastic bottles with the symbol #2 (milk, water bottles detergent, and shampoo bottles, etc.) Uncoated paperboard (ex. cereal boxes; food and snack boxes) NON-RECYCLABLES include, but are not limited to, the following: Plastic bags and bagged materials (even if containing Recyclable Materials) Microwavable trays Porcelain and ceramics Mirrors, window or auto glass Light bulbs Coated cardboard Soiled paper, including paper plates, cups and pizza boxes Plastics not listed above including but not limited to those with symbols #3, #4, #6, #7 and unnumbered plastics, including utensils Expanded polystyrene Coat hangers Glass cookware/bakeware Household appliances and electronics Hoses, cords, wires Yard waste, construction debris, and wood Flexible plastic or film packaging and multi- laminated materials Needles, syringes, IV bags or other medical supplies Food waste and liquids, containers containing such items Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.) Excluded Materials or containers which contained Excluded Materials Napkins, paper towels, tissue, paper plates, and paper cups Any paper Recyclables or pieces of paper Recyclables less than 4” in size in any dimension Propane tanks, fuel cannisters Batteries Metal cookware/bakeware Fiber Recyclable Materials with moisture exceeding commodity market limits PP plastic bottles and tubs with symbol # 5 - empty Uncoated printing, writing and office paper Steel and tin cans Old, corrugated containers/cardboard (uncoated) Glass food and beverage containers – brown, clear, or green Magazines, glossy inserts and pamphlets Delivery Specifications Material delivered by or on behalf of Customer may not contain Non-Recyclables or Excluded Materials. “Excluded Materials” means radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous or toxic substance or material, or regulated medical or hazardous waste as defined by, characterized or listed under applicable federal, state, or local laws or regulations, materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or other regulations or ordinances or other materials that are deleterious or capable of causing material damage to any part of Company's property, its personnel or the public or materially impair the strength or the durability of Company's structures or equipment. Company reserves the right upon notice to discontinue acceptance of any category of materials set forth above as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials. Company may reject in whole or in part, or may process, in its sole discretion, Recyclables not meeting the specifications, including wet materials. Company may invoice Customers for all costs, losses and expenses incurred with respect to such non-conforming Recyclables including costs for handling, processing, transporting and/or disposing of such non-conforming Recyclable Materials which charges may include an amount for Company's operating or profit margin. Without limiting the foregoing, Company may bill Customers a contamination charge as outlined in the final agreement. WM MRF Auditing Program for Quality Control Since 2013, all WM MRFs must participate in WM’s standardized audit program. To ensure WM MRFs maximize the value of the materials they receive, onsite staff utilizes standard auditing protocols to audit inbound (customer), outbound (commodity), and residue material to understand composition and quality as it enters and leaves each facility. As part of the audit program, each WM MRF must have trained audit personnel and a permanent audit area with equipment for sorting and weighing materials. Trained auditors and support staff collect materials and sort them into assigned material categories per ASTM 5231-2016 standards. The team enters audit data into WM’s proprietary database, which performs a wide range of analytics for reporting purposes. Facilities audit their streams with enough frequency to get statistically reliable data, which is analyzed to identify areas for improvement and optimize facility performance. Optional and Complimentary Public Education Assistance WM understands that the City has a robust marketing team that produces public education materials for your residents. WM can provide content and images through our tested and proven Recycle Right education program and monthly social media post-ready content for ease of use if the City desires. Examples of available materials include: March 2023 (abbreviated) Recycle Right Social Media Calendar Date Facebook Post Facebook Image Twitter Post Twitter Image Wed. March 1 Let’s face it. Peanut butter can stick to anything. It’s ok to throw the empty jar in the trash and recycle only clean and dry plastic bottles and tubs. #NationalPeanutMont h. During #nationalwomenshistor ymonth we celebrate all the women who make history by recycling right to protect our future. Thur. March 2 We throw away 2.5 million plastic bottles every hour in the U.S. We can rein that in and recycle more. Bee aware that dirty diapers don’t go in recycling. Always throw them away in the trash. Fri. March 3 Hoses don’t play well with the recycling machines and cause them to jam. Never put hoses, ropes, cables or plastic bags in curbside recycling. Recycling a single aluminum can save enough energy to power a TV for three hours. To score bonus points, don’t use single use cups, plates and utensils since they can’t be recycled. Mon. March 6 Start your week off by recycling right. Remove any plastic containers inside a box and recycle paperboard, such as cereal and cracker boxes, curbside. We’ll lose an hour next weekend so there’s no time to waste in making sure you have what you need to #changethebatteries in your smoke alarm. Never put batteries of any kind in curbside recycling. Tue. March 7 You know how to bring plastic beverage bottles home. Remember to bring your empty ones back home from your travels to recycle too. Feeling bagged, we mean bogged, down by unused plastic bags. Return them to a retailer that accepts them. Never put empty plastic bags in curbside recycling and never put your recyclables in plastic bags. Date Facebook Post Facebook Image Twitter Post Twitter Image Wed. March 8 Never forget to recycle containerboard like shipping boxes. They are the single most recycled packaging material in the U.S. Enjoy National @craft month. Manufacturers also make new things out of recycled bottles and cans. Thur. March 9 Help keep chemicals out of our groundwater by keeping paint out of your recycling and garbage bins. Take leftover paint to hazardous waste events. Take a piece of advice from us, you can place clean and empty pizza boxes in recycling. Fri. March 10 It’s that time again. Set your clocks forward on March 12 and #changethebatteries in your smoke alarm. Never put batteries of any kind in your curbside recycling. As you wait for the BBQ to get ready, think of how to dispose of the coals and ashes in the trash but never in your recycling. Hot coals or ashes should never be placed in the trash and never place used coals in plastic, paper or wood containers for disposal. Mon. March 13 We all need to be on the same recycling team and pull together. Never put ropes, hoses, cables, plastic bags and other tanglers in your curbside recycling. The average person has the opportunity to recycle more than 25,000 cans over their lifetime. If you do the math that’s not even one a day. Be above average. Tue. March 14 March Madness starts today. Recycling a single aluminum can save enough energy to power a TV for three hours. Here’s a fact that may floor you. Five recycled plastic bottles provide enough fiber to create one square foot of carpet. 2. Ability to accept the City’s Single Stream Recycling materials. WM is immediately capable of accepting, processing, and marketing all of the City’s single stream recyclables at WM Recycle Tampa Bay now and into the future. We have proven that we can be a reliable processing partner for the City throughout our 10-year partnership. We will continue to deliver world-class processing and marketing services for the City if selected as your partner. 3. Reporting capabilities. Reporting Requirements i. The successful bidder shall provide the City with an electronic Monthly Tonnage Report, submitted no later than the 10th Business Day of each month for the previous month, which shall include: • Documentation of daily and total monthly tons of Program Materials delivered to the RMPF. • Documentation of daily and total monthly tons of rejects derived from Program Recyclables. • Documentation of rejected loads, including date and weights for each load • Calculation of the AMV, difference between Processing Fee and AMV Revenue Share per ton. • Calculation of the total payment for Program Materials due to the City or Contractor determined in accordance with the compensation requirement defined in the final contract. • Calculation of Liquidated Damages, rejected load payments, interest on overdue payments or proration determined in accordance with the compensation requirements of the final contract. ii. The successful bidder shall provide the City with an electronic Monthly Average Market Value (AMV) report for materials described in Section 5.A. (“MINIMUM QUALIFICATIONS”), based upon the estimated weight-based composition of Program Materials no later than the 10th Business Day of each month for the current month. WM will provide the City with an electronic monthly tonnage report no later than the 10th business day of each month for the previous month, which shall include: • Documentation of daily and total monthly tons of Program Materials delivered. • Documentation of daily and total monthly tons of rejects derived from Program Recyclables. • Documentation of rejected loads, including date and weights for each load. • Calculation of the AMV, difference between Processing Fee and AMV Revenue Share per ton. • Calculation of the total payment for Program Materials due to the City or Contractor determined in accordance with the compensation requirement defined in the final contract. • Calculation of Liquidated Damages, rejected load payments, interest on overdue payments or proration determined in accordance with the compensation requirements of the final contract. Additionally, WM will provide the City with an electronic Monthly Average Market Value (AMV) report for the City’s single stream materials based upon the estimated weight-based composition of the materials, no later than the 10th business day of each month for the current month. Proposals must include the following language, completing all highlighted areas in Tab 4: Option 1: For the City’s Program Materials delivered to the facility located at: WM Recycle Tampa Bay / 3518 4th Avenue East, Tampa, FL 33605 Proposals shall include the following values for compensation: Processing Fee Option 1: Direct delivery by City into WM Recycle Tampa Bay = $159.33/ton minus AMV Average Market Value As defined in ITN #29-23 Option 1: Percent Revenue Share (100% of Program Recyclables) Share of AMV to the City will be 100%. Option 2: For the City’s Program Materials delivered to the facility located at: WM Pinellas Transfer Station / 12950 40th Street North, Clearwater, FL 33762 Proposals shall include the following values for compensation: Processing Fee Option 2: Delivery by City into WM Pinellas Transfer Station = $189.63/ton minus AMV Average Market Value As defined in ITN #29-23 Option 1: Percent Revenue Share (100% of Program Recyclables) Share of AMV to the City will be 100%. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E-Verify Eligibility form 6. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) WM’s completed required forms are provided on the following pages. WM strives to be transparent in all we do. We understand it is difficult for the City when contractors attempt to negotiate new terms after an award is made. That is not how we do business. At the same time, we feel a balanced contract will benefit both parties over the term of the agreement. As such, enclosed in this section are requested clarifications to the specifications in the ITN for your review and consideration. We welcome the chance to discuss and negotiate these items. Requested Clarifications and Exceptions Following are Waste Management Inc. of Florida’s (WMIF) requested clarifications and exceptions to the specifications in the ITN for your review and consideration. We welcome the chance to discuss and negotiate these items. 1. Page 7 – Instructions (i27) Cost Justification – WMIF takes exception to and rejects this requirement as certain financial information is sensitive or confidential. 2. Page 8 – Standard Terms/Conditions (S7) – Non-Exclusivity – WMIF takes exception to this non- exclusivity condition and would insist that any commercial arrangement it has with the City be exclusive. 3. Page 12 – Standard Terms/Conditions (S20) – Termination for Convenience – WMIF takes exception to this provision to the extent that it allows the City to unilaterally terminate the parties’ contractual relationship for convenience. 4. Page 13 – S.25 Indemnification/Liability – WMIF takes exception to the language in this section to the extent it imposes an obligation on WMIF to indemnify the City for claims arising from the City’s negligence or wrongful conduct. 5. Page 19 – Insurance Requirements – WMIF takes exception to the extent the City would require WMIF to have Liability/Malpractice/Errors or Omissions Insurance in connection with this contract. 6. Page 19 – Insurance Requirements – WMIF’s insurance policies are managed uniformly on a company-wide basis and the deductibles/SIR cannot be reduced or eliminated. Therefore, WMIF takes exception to and must reject any contractual obligation to reduce or eliminate the deductible/SIR. 7. Page 21 – Milestones (2) Extension – WMIF takes exception to any mandatory extension period in the contract that would exceed 180 days. 8. Page 21 – Milestones (3) Renewal – WMIF takes exception to any provision in the contract that would allow the City to unilaterally renew the parties’ contract without WMIF’s consent. 9. Page 21 – Milestones (4b) Pricing – WMIF takes exception to contractual language that provides that a CPI increase at the renewal anniversary is not automatic (but rather discretionary). 10. Page 21 – Milestones (4a) Pricing – WMIF takes exception to any contractual provision that would require certification that the City is being offered the lowest price for services (as compared to other customers) during the life of the parties’ contract. 11. Page 24 – Tab 2 – Qualifications (2) – WMIF takes exception to needing permission from the City for personnel changes and requests that the following statement be revised as follows, “Staff named in the proposal may not be substituted without permission of notification to the City.” July 20, 2023 NOTICE OF INTENT TO AWARD Solid Waste & Recycling and the Procurement Division recommend award of ITN #29-23, Single Stream Recycling Processing, to Waste Connections for a period of one (1) year with three (3), one (1) year renewal terms at City’s option. This award recommendation will be taken forward to Council in the near future. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Manager at (727) 562-4632, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Lori Vogel Lori Vogel, CPPB Procurement Manager Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0971 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Reappoint Frank Persechino to the Nuisance Abatement Board with a term to expire September 1, 2027. (consent) SUMMARY: BOARD: Nuisance Abatement Board TERM: 4 years FINANCIAL DISCLOSURE: Yes APPOINTED BY: City Council RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 APPTS. NEEDED: 1 Purpose: The Nuisance Abatement Board will be composed of seven city residents who will conduct hearings on public nuisance cases associated with prostitution and drug-related activities on known properties throughout the City. THE FOLLOWING BOARD MEMBER HAS A TERM WHICH HAS EXPIRED AND NOW REQUIRES REAPPOINTMENT: 1. Frank Persechino - 628 Cleveland Street Apt. 1404, 33756 - Medical Research Business Owner Original appointment: 2/4/2021 (currently serving 1st term through 8/31/2023) Absences: 0 Zip codes of current members: 2 at 33755 3 at 33756 1 at 33759 Page 1 City of Clearwater Printed on 8/15/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0972 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Reappoint Gary Baker to the Nuisance Abatement Board with a term to expire September 1, 2027. (consent) SUMMARY: BOARD: Nuisance Abatement Board TERM: 4 years FINANCIAL DISCLOSURE: Yes APPOINTED BY: City Council RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 APPTS. NEEDED: 1 Purpose: The Nuisance Abatement Board will be composed of seven city residents who will conduct hearings on public nuisance cases associated with prostitution and drug-related activities on known properties throughout the City. THE FOLLOWING BOARD MEMBER HAS A TERM WHICH HAS EXPIRED AND NOW REQUIRES REAPPOINTMENT: 1. Gary Baker - 55 Rogers Street #406, 33756 - Attorney Original appointment: 7/18/2019 (currently serving 1st term through 8/31/2023) Absences: 0 Zip codes of current members: 2 at 33755 3 at 33756 1 at 33759 Page 1 City of Clearwater Printed on 8/15/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0961 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Appoint Emily Pano to the Sister Cities Advisory Board with a term to expire August 17, 2027. (consent) SUMMARY: BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 + 1 At-large member CHAIRPERSON: Pamela Benton - Vice Chair MEETING DATES: Quarterly PLACE: Council Chambers APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER TERM HAS EXPIRED AND NOW REQUIRES APPOINTMENT BY A NEW APPOINTEE: 1.Sallie Park - 1328 Michigan Ave. Palm Harbor, FL 34683- CL Arts Alliance representative Original Appointment: 4/19/12 Term ended: 4/30/2023 THE FOLLOWING APPLICATION HAS BEEN SUBMITTED FOR COUNCIL’S CONSIDERATION: 1.Emily Pano -1845 McCauley Road Clearwater, FL 33765 - CL Arts Alliance representative Zip codes of current members: 1 - 33763 1 - 33710 1 - 33755 1 - 34683 1 - 33761 1 - 33767 Page 1 City of Clearwater Printed on 8/15/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0963 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Appoint Jarvis Sheeler to the Brownfields Advisory Board, as the Government/Agency representative, to fill an unexpired term through June 30, 2025. (consent) SUMMARY: BOARD: Brownfields Advisory Board TERM: 4 years FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: Not Required SPECIAL QUALIFICATIONS: Three members shall be Clearwater residents who live within or adjacent to the Brownfields area. Three members shall be owners or representatives of a business operating in the Brownfields area. Three members shall be representatives of federal/state agency/local government involved with Brownfields remediation process within Pinellas County. MEMBERS: 9 CHAIR: Mark Parry MEETING DATES: Meets as called. PLACE: Clearwater Main Library, 100 N Osceola Ave., Clearwater, FL 33755 APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND SEAT NOW REQUIRES A NEW APPOINTMENT: 1. Julie Phillips - 100 Bluff View Dr., Belleair Bluffs, FL 33770 - Gov’t/Agency Rep Original Appointment: 9/6/2018 (was serving first term set to expire 6/30/25) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.Jarvis Sheeler - 1396 Bellevue Blvd., 33756 - Gov’t/Agency Rep Zip codes of current members on board: 3 in 33755 1 in 33756 Page 1 City of Clearwater Printed on 8/15/2023 File Number: ID#23-0963 1 in 33765 1 in 34209 Page 2 City of Clearwater Printed on 8/15/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0962 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Appoint Mahalee Marshall to the Brownfields Advisory Board to a term set to expire August 17, 2027. (consent) SUMMARY: BOARD: Brownfields Advisory Board TERM: 4 years FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: Not Required SPECIAL QUALIFICATIONS: Three members shall be Clearwater residents who live within or adjacent to the Brownfields area. Three members shall be owners or representatives of a business operating in the Brownfields area. Three members shall be representatives of federal/state agency/local government involved with Brownfields remediation process within Pinellas County. MEMBERS: 9 CHAIR: Mark Parry MEETING DATES: Meets as called. PLACE: Clearwater Main Library, 100 N Osceola Ave., Clearwater, FL 33755 APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH HAS EXPIRED AND SEAT NOW REQUIRES A NEW APPOINTMENT: 1. Sioux Hart - 630 Fairmont St., 33755 - Resident Original Appointment:7/18/19 (was serving first term which expired 7/31/23) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.Mahalee Marshall - 1001 N. MLK Ave Apt #712, 33755- Resident Zip codes of current members on board: 3 in 33755 1 in 33756 Page 1 City of Clearwater Printed on 8/15/2023 File Number: ID#23-0962 1 in 33765 1 in 34209 Page 2 City of Clearwater Printed on 8/15/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0976 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Appoint Daniela Sherrod to the Nuisance Abatement Board with a term to expire September 1, 2027. (consent) SUMMARY: BOARD: Nuisance Abatement Board TERM: 4 years FINANCIAL DISCLOSURE: Yes APPOINTED BY: City Council RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 APPTS. NEEDED: 1 Purpose: The Nuisance Abatement Board will be composed of seven city residents who will conduct hearings on public nuisance cases associated with prostitution and drug-related activities on known properties throughout the City. THE FOLLOWING BOARD MEMBER HAS A TERM WHICH HAS EXPIRED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Nancy O’Neill - 1360 Druid Road, 33756 - Restaurant Owner Original appointment: 7/18/19 (was serving 2nd term set to expire 8/31/2023) THE NAME(S) BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Daniela Sherrod - 212 N Madison Ave., 33755 - Owner/Self-Employed Zip codes of current members: 2 at 33755 3 at 33756 1 at 33759 Page 1 City of Clearwater Printed on 8/15/2023 Daniela Francheska Sherrod 212 N MADISON AVE CLEARWATER, FLORIDA 727-601-8387 bdcdani@gmail.com High Energy, client-Driven Sales, E COMMERCE, Marketing ADVERTISING Director Main Accomplishments: MY COMPANY: Establish and takeover Pinellas market share, turn a new company into a 12m dollar profitable and market share strong. Expand territories and gain 12 Agents serving most of Florida. OTHER COPRATIONS: Helping PROGRESSIVE COMPANIES AND BE A VALUABLE PART OF A HARD- WORKING TEAM that works together to gain market share and increase overall sales. Also, aide in Developing, Analyzing, Managing and Evaluating marketing and sales products and procedures, making recommendations, providing additional resources, and implementing different suggestions within the organization’s management in all aspects by utilizing all my skills, knowledge, abilities, and past experiences. Corporate Duties: Manage a team of 35 Internet Managers In Depth knowledge of all corporate workings Experience with corporate equity mining products. Experience with corporate operations. Experience with corporate management solution/systems. Analytical stats daily to keep sales numbers in line with goals. Structure a Deal/ F & I ❖ Advanced IT / Data Skills: ❖ Microsoft Office (Word, Excel, PowerPoint, Access and Outlook) ➢ Any and All Software/ CRM Tools ❖ Oversee all digital content and digital marketing efforts, and working closely with IT ❖ Develop Content for Social, classified and Ecommerce sites ❖ Digital Content Management ❖ Website & Ecommerce Process ❖ Live Chat Process and Protocol ❖ Social Media Management and Campaigns ❖ Internal Website Management ❖ Manage CRM and Email Efforts for Sales, Services, Store ❖ Manage Third party Vendors ❖ Planning/Buying/Testing ❖ SEO and SEM (Search Engine Marketing) ❖ Video Marketing ❖ Loyalty Efforts/Programs ❖ Public Relations/ Charity Events/Press Releases ❖ Manage Blogs/ Write Articles / Published Author ❖ Online Magazine Experience ❖ Email marketing / Direct Mail Campaigns In Depth Knowledge of Directing Sales Team Deep knowledge of consultative selling process for call centers, including call structures, scripting, customer engagement, and performance metrics. Proven experience leading sales initiatives with inbound/outbound customer interactions, including sales processes that are consummated over the phone. Proven ability to enhance customer retention with large in-force base, with monthly direct bill and renewal opportunities. Experience developing pro formas and sales forecasts. Experience developing and managing budgets. Experience creating direct marketing tests and reading results. Proven ability to influence the development of effective creative concepts and marketing strategies. Strong presentation skills. Experience with PowerPoint. Strong interpersonal communication: ability to influence in a team environment. Ability to understand and influence tactical details, while identifying and communicating items of primary importance. Social Software Management Google Plus Google Analytics Google Adwords Facebook Admin / Ads Twitter Admin / Ads Pinterest Instagram Bing/ Yahoo Ads Snap Chat Current: Team Sherrod MHS, LLC. OWNER SINCE 2017 100 N MISSOURI AVE CLEARWATER, FLORIDA 33755 Dimmitt Auto Group Village Toyota Cadillac August 2016- September 2017 Internet Director Morgan Auto Group Sun Toyota January 2016- July 2016 Internet Director Asbury Automotive Courtesy Hyundai (1/2015- 3/2015) Courtesy Toyota ( Current) E Commerce Director Finance Manager 9210 Adamo Dr Tampa, Fl 33619 MLI CORP/ Live Marketing Agency 505 N Rome Ave Tampa. Fl 33606 813-395-2200 6/2014 - 1/2015 Showcase Media, Inc. ( Marketing / Advertising Agency) National Internet Sales/Marketing Account Exec. For Auto, Boat, Rv and Cycle Products 1212 E Main ST Lakeland, FL 33801 May 2009 to June 2014 NAPLETON CJD Digital Marketing DIRECTOR - Multi Roof Kissimmee, Fl. Clermont, FL. April 2007 - May 2009 LOTT MATHER CHEVROLET GM ASSISTANT/ INTERNET/BDC HAINES CITY, FLORIDA Director JANUARY 2007 -APRIL 2007 MAROONE CADILLAC ASSIST ADVISOR DIRECTOR W PALM BEACH, FLORIDA Service Dept. 2003- JANUARY 2007 DANIMACK MOTORS, INC OWNER/GM ORLANDO, FLORIDA 2001-2003 LOTT MATHER CHEVROLET Internet SALES/BDC manager HAINES CITY, FLORIDA 1998-2001 CANNON CADILLAC SALES/Warranty Administrator LAKELAND, FLORIDA 1997-1998 A T & T PHONE CO. SALES/CALL CENTER/411 LAKELAND, FLORIDA OPERATOR MANAGER 1996-1997 SPRINT COMMUNICATIONS Long Distance Call Center WINTER HAVEN, FLORIDA Assist Manager 1995-1996 PERSONAL/ BUSINESS REFERENCES NAPLETON SUPERVISOR BECKY BECKENSTEIN 407-383-0542 Founder SHOWROOM LOGIC MIKE ANNABLE 863-272-4198 VP Showcase Media Jim Roberts 863-559-2421 Advertising and Marketing Volunteer Leukemia and Lymphoma Society of Central Florida since 2012 Education: Graduate of Lyman High School 1988 Educated at Seminole Community College, Sanford Florida , AS Degree Certifications: Graduate Of Dealer Connect Academy; Elite ECOMMERCE Certification, Internet/Web Marketing Master Certification Graduate of concept training, on 7 Habits of Highly Effective People Asbury Auto Certified in: Sales Desk Manager Finance Manager General Sales Manager BDC Manager Internet Manager Association of Professional Women / Central Florida Since 2010 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0984 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Appoint Phillip Rugari to the Marine Advisory Board to fill the remainder of an unexpired term through March 31, 2025. (consent) SUMMARY: BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 + 1 Ex Officio MEETING DATES: 2nd Wed., 8 am (Quarterly) PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND SEAT NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1.Maranda Douglas - 1729 Carlisle St., 33756 Original Appointment: 11/5/2020 (was serving first term set to expire 3/31/25) Resignation Date: 4/24/2023 THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Phillip Rugarti Jr. - 301 N Washington Ave., 33755 - Owner/Sliprock Charters Zip codes of current members on board: 1 at 33755 2 at 33756 1 at 33759 2 at 33761 1 at 33767 1 at 33786 Page 1 City of Clearwater Printed on 8/15/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0978 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.16 SUBJECT/RECOMMENDATION: Appoint Jonathan Barnes to the Public Art and Design Board as the Clearwater Arts Alliance representative to fill the remainder of an unexpired term through March 31, 2026. (consent) SUMMARY: BOARD: Public Art and Design Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the Creative Pinellas representative MEMBERS: 7 Liaison: Amber Brice, Cultural Affairs Coordinator CHAIR: MEETING DATE: Quarterly - January, March, June, Sep. TIME/PLACE: 2:00 PM/Chambers APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND SEAT NOW REQUIRES AN APPOINTMENT: 1. Brianne Roberts - 6225 Baker Rd., New Port Richey FL 34653- CL Arts Alliance rep Original Appointment: 4/15/21 (was serving 2nd term through 3/31/26) Resignation Date: 7/14/2023 THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE VACANCY: 1.Jonathan Barnes - 1613 Maple St., 33765 - Clearwater Arts Alliance Rep Note - Currently serving as Resident knowledgeable in fields of public art, education, or community affairs Zip codes of current members: 2 - 33755 1 - 33761 2 - 33765 1 - 33764 Page 1 City of Clearwater Printed on 8/15/2023 File Number: ID#23-0978 Current Categories: 1 Landscape architect/Architect/Urban Planner/Design Professional 1 Artist/Art Business Owner 3 Citizens 1 Clearwater Arts Alliance, Inc. 1 Creative Pinellas Page 2 City of Clearwater Printed on 8/15/2023 Jonathan Barnes Barnes.jonathan@spcollege.edu 727 631 7095 Clearwater, Florida, USA Education 2002- 2005 University of Mississippi Oxford, MS MFA Ceramics, May 2005 2003 Summer University of Georgia Athens, GA Study abroad in Shigaraki, Japan 1998- 2002 University of Central Florida Orlando, FL BA in Graphic Design, May 2002 1997- 1998 Valencia Community College Orlando, FL Associate of Arts Degree, Summer 1998 Teaching Experience 2007- Present St. Petersburg College Clearwater, FL Adjunct Instructor for Ceramics 1 and 2-D Design 2008 Fall Eckerd College St. Petersburg, FL Sabbatical Replacement for Brian Ransom Instructed Clay 1 and Clay on the Wheel 2007 Fall Eckerd College St. Petersburg, FL PEL Instructor of “Intro to Clay (hand building)” 2007 Summer St. Petersburg College Clearwater, FL Adjunct Instructor for Ceramics 1 and 3-D Design 2006- 2008 Eckerd College St. Petersburg, FL PEL Instructor of “Clay on the Wheel” 2005 University of Mississippi Oxford, MS Graduate Instructor of Beginning Ceramics Related Experience 2006- Present St. Petersburg College Clearwater, FL Teaching Aid for 3-d Design and Ceramics classes. Technical assistant for Fine Arts Department. Building of Soda Kiln, ordering materials, researching and implementing safety procedures for all of Fine Arts Department, maintenance on all equipment, training student assistants, hanging shows in gallery. 2005- Present Studio Potter St. Petersburg, FL Producing, marketing, and selling wheel thrown and altered functional pottery 2005- 2006 St. Petersburg Clay Company St. Petersburg, FL Artist in Residence. Fired Kilns, Built and maintained kilns, building and equipment maintenance 2005-2006 Highwater Clays Florida St. Petersburg, FL Retail sales of clay and studio supplies. Providing Technical support for customers 2005 University of Mississippi Oxford, MS Kiln and Glaze Technician: Graduate Assistantship of firing kilns, repairing, and building kilns. Testing and mixing glazes 2003- 2004 University of Mississippi Oxford, MS Clay Technician: Graduate Assistantship of mixing and supervising mixing of clay. Repair and maintenance of clay mixing related equipment 2002- 2003 University of Mississippi Oxford, MS Teaching assistant for Intro to Graphic Design. Maintained Apple computer lab Other Experience 1998- 2000, 2001- 2002 The Ice Factory Kissimmee, FL Assistant Manager. Oversaw Daily operations, scheduling, accounting, marketing, ordering, DJ, Zamboni Operation 2000- 2001 Bass Pro Shops Orlando, FL Department Lead (assistant manager). Scheduling, retail sales, and merchandising of fly fishing equipment. Fly tying demonstrations Certifications Florida Educator Certificate ART K-12 Forklift Operator Authorization Associations 2005- Present The Arts Center St. Petersburg, FL 2005- Present The Florida Craftsman St. Petersburg, FL 2004- Present College Art Association 2002- Present NCECA- National Council on Education for the Ceramic Arts Ceramic Proficiency Working Knowledge of wheel throwing, hand building, glaze mixing and formulation, clay mixing and formulation, kiln firing (bisque, reduction, salt, soda, wood, raku), kiln building, image transfer, ceramic casting, plaster casting and mold making, silicone mold making, and MIG welding Computer Proficiency Working knowledge on PC and MAC platform of: Adobe Photoshop, Illustrator, Golive, Microsoft Office, Final Cut Pro. Digital Photography, Digital Video Editing. Printmaking Proficiency Working knowledge of Aluminum plate lithography, intaglio, serigraph, relief techniques, monotype, monoprint, cyanotype, letterpress, bookmaking and bookbinding. Oil based and non- toxic printmaking environments Woodworking Proficiency Working knowledge of table saw, sliding compound miter saw, radial arm saw, band saw, jigsaw, scroll saw, router, sander, pneumatic tools, drill press, drills, and hand tools Courses Capable of Instructing Ceramics- beginning through advanced (graduate), Glaze calculation, Kiln building. 2-D and 3-D design Sculpture Printmaking Drawing Bookbinding Graphic Design (Photoshop and Illustrator) Commissions 15 cubic foot gas reduction kiln for The Arts Center St. Petersburg, FL Rebuilding of Minnesota Flat Top reduction kiln for the Longboat Key Arts Center Longboat Key, FL 100 cubic foot gas reduction kiln for Adam Cohen Sarasota, FL 20 cubic foot fast fire wood kiln for St. Petersburg Clay Company St. Petersburg, FL Grants and Awards 2007 Florida Artist Enhancement Grant 2007 Pinellas County Artist Grant 2003 Graduate Student Development Grant Exhibitions 2009 “Community College Ceramic Exhibition” Curated by Jill Foote-Hutton. Gulf Coast Coast Community College for Spring 2009, Traveling to East Central Community College for Fall 2009 Panama City, FL Union, MO “Currents” Juried exhibition of Florida ceramic artists at University of Florida Gainesville, FL “Common Groud-Realities Apart” Faculty Exhibition at the Crossroads Gallery. St. Petersburg College Clearwater, FL 2008 “500 Plates- The Show” invitational at The Craftsman House Gallery St. Petersburg, FL “Artful Drinking Vessels” Pottworks studio Hamilton, MI “George Ohr National Challenge Exhibition. Juried Exhibition Boloxi, MS “It’s Only Clay” Juried exhibition. The Bemidji Community Art Center. Juror Linda Christianson Bemidji, MN 2007 “It’s Only Clay” Juried exhibition. The Bemidji Community Art Center. Juror Jeff Oestreich. Bemidji, MN “BLUE” invitational. The Perversion of Clay. East Central College Union, MO “CraftArt” Juried indoor/outdoor craft show. The Florida Craftsman Gallery St. Petersburg, FL 2006 “CraftArt” Juried indoor/outdoor craft show. The Florida Craftsman Gallery St. Petersburg, FL NH Institute of Art’s Ceramic Biennial Exhibition. Juried exhibition. Juror Mary Barringer Manchester, NH “Ephemera” Annual Members’ Exhibition. The Arts Center St. Petersburg, FL “Residencies of the South” invitational exhibition. Carbondale Clay Center. Curator Matt Kelleher Carbondale, CO “662.12” invitational exhibition. St. Petersburg Clay Company. Curator Jonathan Barnes St. Petersburg, FL “662.12” invitational exhibition. Odyssey Center for Ceramic Arts. Curator Ben Carter Ashville, NC “8 fluid Ounces II” juried show. Louisiana State University. Baton Rouge, LA Empty Bowls 2006. Converse College Spartanburg, SC 2005 St. Petersburg Clay Company Annual Holiday Show St. Petersburg, FL Stetson University of Law Annual Art Show St. Petersburg, FL “LOOK” group exhibition. Gallery 1688 Memphis, TN “Autonomy” Solo MFA thesis exhibition. Gallery 130 Oxford, MS Mississippi Collegiate, juried exhibition Jackson, MS Empty Bowls 2005. University of Mississippi Oxford, MS 2004 Mississippi Collegiate, juried exhibition. Juror Glen Kauffman. Best Mix Media and Award of Excellence in Ceramic Meridian, MS “From the Git Go” group exhibition. Gallery 130 Oxford, MS Empty Bowls 2004. University of Mississippi Oxford, MS 2003 “The Graduate Show” group exhibition. The University of Mississippi Oxford, MS “Bottles and Bowls” juried group exhibition Saratoga Springs, NY “Mud Daubers Group Show” Itawamba Community College Fulton, MS 2002 13th annual teapot show at Chiaroscuro Galleries Chicago, IL “New York State of Mind” group photography exhibition. University of Central Florida Orlando, FL “Mad Potter’s Tea Party” group ceramics exhibition. University of Central Florida Orlando, FL Gallery Representation Florida Craftsman Gallery St. Petersburg, FL St. Petersburg Clay Company St. Petersburg, FL Bibliography 2008 “500 Plates” Lark Books “Kilns Rise From Brick Rubble” Tampa Tribune “View spirited chargers and artful plates at Craftsman House” St. Petersburg Times 2004 Yalobusha Review 2004. Literary Publication of short stories, poems and artwork Oxford, MS 2002 “A Shape- Shifting History of Bizenware” Ceramics Technical, No. 14, 2002, P 59. Quotation about woodfiring experience Conferences and Workshops 2008 NCECA clay conference Pittsburg, PA Don Reitz and John Balestari Anagama workshop participant at St Petersburg Clay Company St. Petersburg, FL Bede Clarke Workshop at Eckerd College- Assistant to Artist St. Petersburg, FL Bruce Cochrane – Composite form, Functional Object 1 week workshop at Arrowmont Craft Scool Gatlinburg, TN John Balestari, Matt Long, Makenzie Smith at St Petersburg Clay Company. St. Petersburg, FL 2007 NCECA clay conference Louisville, KY Paul Wandless Image Transfer on Clay St. Petersburg, FL 2006 NCECA clay conference Portland, OR Jerry Austin, Ceramic Boats. Workshop Assistant St. Petersburg, FL Brad Schwieger and Robert “Boomer” Moore. Workshop Assistant St. Petersburg, FL David and Tracey Gamble, Low fire Glazing Workshop St. Petersburg, FL Nan Smith, mold making and figurative sculpture workshop St. Petersburg, FL Peter King and Xinia Marin Buildup for Arch Project at St. Petersburg Clay Company St. Petersburg, FL Architectural Ceramics Symposium. Peter King, Stan Bitters, John Mason, Gwen Heeney St. Petersburg, FL Tozan 20+1 Woodfire Conference at Northern Arizona University Flagstaff, AZ Anagama Firing with David Smith. Primary assistant St. Petersburg, FL 2005 Matt Long, “SLIP” workshop assistant St. Petersburg, FL Emanual Maldonado, Nicaraguan pottery workshop. Making and firing in fast fire kiln St. Petersburg, FL Elmer Taylor, Glaze decoration. Workshop Assistant St. Petersburg, FL Anagama Firing with David Smith. Secondary Assistant. St. Petersburg, FL 2004 Randy Johnston. Hand building and wheel throwing workshop at Red Star Studios Kansas City, MO NCECA clay conference Indianapolis, IN Ron Meyers. Low fire surface decoration. 2 week Haystack workshop Deer Isle, ME 2003 Kathy King. Tile making, cone 6 and china painting Oxford, MS NCECA clay conference San Diego, CA 2002 How Design Conference. Graphic Design workshop Orlando, FL Paul Soldner. Throwing and philosophy workshop Orlando, FL Robert Reedy. Raku workshop Orlando, FL Hadi Abbas. Slip casting and mold making workshop Orlando, FL John Jenson. Figurative sculpture and pit firing workshop Oxford, MS 2001 Setsu Wantanabe. Throwing and Anagama firing workshop Orlando, FL 2000 James Watkins. Throwing and Raku workshop Orlando, FL 1999 Richard Notkin. Slip casting and mold making workshop Orlando, FL Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0986 Agenda Date: 8/17/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 7.17 SUBJECT/RECOMMENDATION: Approve the Second Amendment to the Contract for Sale of Real Estate between the City of Clearwater, the DeNunzio Group and Gotham Property Acquisitions to provide for a mutual extension of due diligence regarding the purchase of the old City Hall site and authorize appropriate officials to execute same. (consent) SUMMARY: The City is under contract to sell the old City Hall property to Gotham Property Acquisitions and The DeNunzio Group (the Buyers). The Buyers are requesting significant modifications to the purchase and sale agreement (PSA) and development agreement. The City has engaged HR&A consultants to evaluate the Buyers' requests. However, the parties' inspection period is currently scheduled to expire at the end of August. Due to HR&A's ongoing review, the parties have agreed to extend the inspection period through October 2023. It is likely that a public discussion will be scheduled in September, but an extension through October is being requested to provide extra time in the event it is needed. Page 1 City of Clearwater Printed on 8/15/2023 1 SECOND AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY This SECOND AMENDMENT TO CONTRACT FOR PURCHASE REAL PROPERTY (this “Amendment”) is entered into this _____ day of August, 2023, by and among THE CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (“Seller”), and The DeNunzio Group, LLC, a Florida limited liability company ("DeNunzio"), and Gotham Property Acquisitions, LLC, a New York limited liability company (“Gotham”) (DeNunzio and Gotham shall be collectively referred to as “Purchaser”). WHEREAS, Seller and Purchaser entered into that certain Contract for Purchase of Real Property with an effective date of August 15, 2022, as amended by that certain First Amendment to Contract for Purchase Real Property with an effective date of January 9, 2023 (collectively, the “Agreement”), concerning the sale from Seller to Purchaser of the property known as the “Old City Hall Site”, as more particularly defined in the Agreement and Exhibit “A” attached hereto; and WHEREAS, Seller and Purchaser desire to amend the Agreement to extend the inspection period for the Old City Hall Site as more particularly set forth herein. NOW, THEREFORE, for and in consideration of the sum of $1.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, Purchaser and Seller hereby agree as follows: 1. Capitalized Terms. All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement. 2. Inspection Period. Section 19 of the Agreement is hereby amended so that the Inspection Period as defined in Section 19 is extended until October 31, 2023. 3. Conflict in Terms. In the event of any conflict between the terms of this Amendment and the Agreement, the terms contained in this Amendment shall supersede and control. 4. Ratification; Full Force and Effect. Except as expressly modified and amended herein, the terms of the Agreement are hereby ratified and affirmed and shall remain in full force and effect. 5. Severability. If any provision of this Amendment shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Amendment and the application of such provision shall not be affected thereby, but rather shall be enforced to the maximum extent possible. 6. Headings. The captions and headings used throughout this Amendment are for convenience of reference only and shall not affect the interpretation of this Amendment. 7. Counterparts. This Amendment may be executed in two or more counterparts and/or counterpart signature pages, each of which shall be deemed an original, and all of which 2 shall constitute one and the same instrument. In addition, the parties may execute this Amendment by pdf of facsimile signature which shall be deemed for all purposes original signatures. 8. Binding Effect. This Amendment shall inure to the benefit of and shall be binding upon each of the parties hereto and their respective successors and assigns. 9. Entire Agreement. Collectively, the Agreement and this Amendment are the total agreement of the parties and replaces any prior negotiations, understandings or agreements among the parties, whether written or oral, pertaining to subject matter hereof. Each of the parties acknowledges representation by counsel throughout all of the negotiations which preceded execution of this Amendment, and this Amendment has been executed freely and voluntarily with the consent of and upon the advice of counsel. Each of the parties acknowledges that it has not relied on any promise, covenant, representation, or warranty, express or implied, not expressly set forth in this Amendment. [Signature Pages Follow] 3 PURCHASER SIGNATURE PAGE FOR SECOND AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY IN WITNESS WHEREOF, Seller and Purchaser have executed this Amendment as of the date and year first written above. THE DENUNZIO GROUP, LLC, a Florida limited liability company Date: August____, 2023 By: Name: Dustin J. DeNunzio Title: Manager GOTHAM PROPERTY ACQUISITIONS LLC, a New York limited liability company Date: August_____, 2023 By: ________________________________ Name: ______________________________ Title: _______________________________ 4 18537135v2 SELLER SIGNATURE PAGE FOR SECOND AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY Countersigned: CITY OF CLEARWATER, FLORIDA, A Florida municipal corporation. By: _________________________________ By: ________________________________ Brian J. Aungst, Sr. Jennifer Poirrier Mayor City Manager Approved as to form: Attest: _________________________________ _________________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk 20 EXHIBIT “A” City Hall – Parcel A 21 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0975 Agenda Date: 8/17/2023 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2020-2021 and interim year 2021-2022 and allow appropriate officials to execute same. SUMMARY: Through the SHIP Program, the Economic Development and Housing Department has provided funding for the following housing activities: Purchase assistance in the form of downpayment and closing costs assistance to existing and newly constructed structures; the construction of new dwellings; the rehabilitation of owner-occupied single-family dwellings; and the rehabilitation of rental properties. All local governments receiving SHIP funds must submit their annual report to the Florida Housing Finance Corporation by September 15 of each year. The annual report provides details of expended and encumbered funds. The report also provides information on the strategies funded, the number of households served, and income category, age, family size, race and other data regarding special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State of Florida. SHIP is a unique funding program. Qualifying local governments (Grantees) are allocated formula-derived amounts annually from a dedicated funding source. The State encourages grantees to spend these funds in the form of loans, rather than grants, so future revenue from repayment of loans (Program Income) can be used in addition to annual allocations. Grantees are given three years to expend an annual allocation and Program Income received during the same program year. With each SHIP report, the closeout year must be fully expended. Negative carryover results from project expenditures spanning more than one year. That is, projects in FY2020-2021 (closeout year) utilized funds from FY2020-2022 and FY2022-2023. For program year 2020-2021, Governor DeSantis vetoed the annual SHIP allocation statewide citing concerns of impacts caused by the pandemic, so the City did not receive an annual distribution. However, $433,175.22 was received in Program Income and related interest. The negative balance of $77,959.86 was carried forward from the previous year, resulting in total funds available for FY2020-2021 of $355,215.36. The city expended $362,187.85 to assist nine (9) families utilizing its approved strategies and to support administration of the SHIP Program. The city expended $45,300.00 in purchase assistance, $103,314.88 on construction of one new single-family home, $182,455.63 to rehabilitate seven single-family units, and $31,117.34 on administration. Expenses exceeding total funding yielded a negative carryover of $6,972.49 into FY2021-2022. Page 1 City of Clearwater Printed on 8/15/2023 File Number: ID#23-0975 SHIP funding has a positive impact on the City’s economy, as evidenced by activities in closeout year 2020-2021, where the City expended $331,070.51 on SHIP strategies in SHIP dollars to leverage $272,443.08 in other funds. Background: The Florida Legislature enacted the William E. Sadowski Affordable Housing Act (Act) in 1992. The Act created a dedicated revenue source for state and local housing trust funds including the State Housing Initiatives Partnership (SHIP) Program. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/15/2023 SHIP Annual Report Clearwater FY 2020/2021 Closeout Report Status:UnsubmittedTitle: Form 1 1Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Rental Unit Information Form 2 Code Strategy Expended Amount Units Encumbered Amount Units Unencumbered Amount Units 1 Purchase Assistance w Rehab $45,300.00 1 3 Owner Occupied Rehab $182,455.63 7 10 New Construction $103,314.88 1 Homeownership Totals:$331,070.51 9 Homeownership SHIP Distribution Summary Code Strategy Expended Amount Units Encumbered Amount Units Unencumbered Amount Units Rental Totals: Rentals Subtotals:$331,070.51 9 Additional Use of Funds Use Expended Administrative Homeownership Counseling Admin From Program Income $31,117.34 Admin From Disaster Funds Totals:$362,187.85 $.00 $.009 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund * Carry Forward to Next Year:-$6,972.49 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Source of Funds Amount State Annual Distribution $.00 Program Income (Interest)$5,848.11 Program Income (Payments)$427,327.11 Recaptured Funds $.00 Disaster Funds Other Funds Carryover funds from previous year -$77,959.86 Total:$355,215.36 2Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Description Eff.1 Bed 2 Bed 3 Bed 4 Bed ELI 388 416 549 719 889 VLI 646 692 831 960 1,071 LOW 1,033 1,107 1,328 1,535 1,712 MOD 1,551 1,662 1,995 2,304 2,571 Up to 140%1,809 1,939 2,327 2,688 2,999 Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $331,070.51 54.86% Public Moneys Expended $10,000.00 1.66% Private Funds Expended $259,300.00 42.97% Owner Contribution $3,143.08 .52% Total Value of All Units $603,513.59 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab Compliance Category SHIP Funds Trust Funds Homeownership $331,070.51 -$77,959.86 Construction / Rehabilitation $331,070.51 -$77,959.86 % of Trust Fund FL Statute Minimum % -424.67%65% -424.67%75% Program Compliance - Income Set-Asides Project Funding for Expended Funds Only Income Category SHIP Funds Total Available Funds % * Extremely Low $45,715.02 12.87% Very Low $69,030.09 19.43% Low $146,065.88 41.12% Moderate $70,259.52 19.78% Over 120%-140%$.00 .00% Totals:$331,070.51 93.20% 3Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Strategy List Unincorporated and Each Municipality ELI VLI Low Mod Over 140%Total Purchase Assistance w Rehab Clearwater 1 1 Owner Occupied Rehab Clearwater 2 2 2 1 7 New Construction Clearwater 1 1 Totals:2 2 3 2 9 Number of Households/Units Produced Description List Unincorporated and Each Municipality 0 - 25 26 - 40 41 - 61 62+Total Purchase Assistance w Rehab Clearwater 1 1 Owner Occupied Rehab Clearwater 3 4 7 New Construction Clearwater 1 1 Totals:1 3 5 9 Characteristics/Age (Head of Household) Description List Unincorporated and Each Municipality 1 Person 2- 4 People 5 + People Total Purchase Assistance w Rehab Clearwater 1 1 Owner Occupied Rehab Clearwater 6 1 7 New Construction Clearwater 1 1 Totals:6 3 9 Family Size Race (Head of Household) Form 3 Income Category Total Funds Mortgages, Loans & DPL's Mortgages, Loans & DPL Unit #s Total Funds SHIP Grants SHIP Grant Unit #s Total SHIP Funds Expended Total # Units Extremely Low $45,715.02 2 0 $45,715.02 2 Very Low $69,030.09 2 0 $69,030.09 2 Low $146,065.88 3 0 $146,065.88 3 Moderate $70,259.52 2 0 $70,259.52 2 Over 120%-140%0 0 $.00 0 Totals:$331,070.51 9 $.00 0 $331,070.51 9 4Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Status of Incentive Strategies Incentive Description (If Other)Category Status Year Adopted (or N/A) Expedited permitting AHAC Review Implemented, in LHAP 2022 Ongoing review process AHAC Review Implemented, in LHAP 2022 Impact fee modifications AHAC Review Implemented, in LHAP 2022 Flexible densities AHAC Review Implemented, in LHAP 2021 Allowance of accessory dwelling units AHAC Review Implemented, in LHAP 2020 Allowance of flexible lot sizes AHAC Review Implemented, in LHAP 2021 Printed inventory of public owned lands AHAC Review Implemented, in LHAP 2022 Reduction of parking and setbacks AHAC Review Implemented, in LHAP 2021 Form 4 Description List Unincorporated and Each Municipality White Black Hisp- anic Asian Amer- Indian Other Total Purchase Assistance w Rehab Clearwater 1 1 Owner Occupied Rehab Clearwater 4 3 7 New Construction Clearwater 1 1 Totals:4 5 9 Description List Unincorporated and Each Municipality Farm Worker Home- less Elderly Total Purchase Assistance w Rehab Clearwater 0 Owner Occupied Rehab Clearwater 3 3 New Construction Clearwater 0 Totals:3 3 Demographics (Any Member of Household) Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Description Special Target Group Expended Funds Total # of Expended Units 5Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Support Services The City of Clearwater partners with organizations that provide support services in many areas. The available services include, but are not limited to, the following: Gulfcoast Legal Services (GLS) has provided free civil assistance to low/moderate income residents of Tampa Bay area for over 40 years. GLS focuses on legal matters related to housing, immigration, family law, and financial stability. GLS promotes fair housing opportunities, affordable housing for renters and/or homebuyers, efforts/activities to end chronic homelessness, economic opportunities for very low to moderate-income individuals and provides outreach and housing opportunities for homeless individuals and families. GLS also prevents and eliminates unfair and illegal housing practices, discrimination/fair housing violations, predatory lending, foreclosure, homeowner repair schemes, substandard housing conditions, and unlawful eviction practices that can lead to homelessness. It does so by providing both information and access to the courts for low/moderate income residents who, because of their limited financial means, have traditionally been the most vulnerable and least likely to know about their legal rights, resulting in their victimization. Homeless Emergency Project Inc., (HEP’s) mission is to provide homeless individuals and families, including veterans, with housing, food, clothing and supportive services necessary to obtain self-sufficiency and improved quality of life. HEP also provides emergency shelter and critical support services for adults experiencing homelessness in Pinellas County. Directions For Living is committed to serving children and families who are homeless or housing unstable. DFL understands that children who are homeless are more likely to become homeless as adults and to experience complex mental health conditions. It is for this reason that DFL has advocated to proactively address the needs of children and their families who are housing unstable or homeless through our Family Works program. DFL has worked in conjunction with the Pinellas County Schools to aid in identification of this at-risk population and to ensure the right intensity service is being delivered to the family at the right time. The Kimberly Home Transitional Housing Program provides a safe and loving campus environment to pregnant women and new moms aged 18 years and older who are homeless or at risk of homelessness. This program provides temporary residence and counseling for expectant mothers who are struggling to maintain independence and have no safe place to live. The program also addresses their emotional needs by providing a stable, secure, nurturing environment where they can easily access community resources, develop a plan for their future, learn how to care for their babies, and become strong, self-sufficient, independent mothers. The need for safe, affordable housing for homeless pregnant women remains high. The goal of this program is to ensure that when a client leaves, she has gained the knowledge, self- confidence, and life skills she will need to succeed on her own. Chore Services Program has been providing services to the 60+ population of Clearwater for over 45 years. The goal is to assist this vulnerable population of Clearwater to remain in their own home, self-sufficient and independent. The services provided by Chore Services allow the over 60 population to maintain a safe and sanitary home environment. The agency targets those with the greatest economic and social needs, those at risk for institutional placement, and low and moderate-income clients. Chore Services provides these clients with services that will include heavy household cleaning, yard work, and minor repairs. Services are provided to residents who are financially and/or physically unable to perform these daily tasks of independent living and who have no one else to assist them. These services will empower the clients to eliminate crime, create pride in their community, deter blighting influence, improve neighborhood stability, and ensure their sustainability as a viable participant in the community. Suncoast Housing Connections and Tampa Bay Neighborhood Housing Services provides homebuyer counseling to individuals and families desiring to purchase a home in Clearwater. The majority of the clients are low to moderate-income and are eligible for purchase assistance. These agencies work with clients to ensure they are purchase-ready. This involves a thorough review of their credit and finances. The clients are made aware of purchase assistance program for which they are eligible, guide them in the process, and ensures they are seeking to purchase a home they can afford for the long term. Without this, many potential homebuyers would not be able to close the affordability gap preventing them from homeownership. Tampa Bay Black Business Investment Corporation (BBIC) is a nonprofit organization established in 1987 to meet the need for capital & capacity services for African American entrepreneurs who were then entering the business sector in growing numbers. The Small Business Capital Access Project (The B-CAP) is 6Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 working to bring comprehensive capital access and capacity-building services to the North Greenwood and Lake Bellevue areas of in order to fulfill several City Neighborhood Revitalization Strategy Area objectives: expanding business opportunities, reducing unemployment, facilitating community and economic development, and creating new investment opportunities. Prospera provides educational seminars, one-on-one technical assistance, and grants to entrepreneurs and existing businesses that are considered low to moderate-income persons as defined by HUD. They provide up to six (6) entrepreneurial grants, allowing startups and existing businesses to receive advanced business development services at no cost. A network of professionals provides these services, most of them small businesses contracted by Prospera. These services may include legal assessment, accounting assessment, QuickBooks training, marketing planning, business planning and other related services. Other Accomplishments Mr. Michael Taylor, a special needs homeowner, was in need of financial assistance to address the following code deficiencies in his dwelling: roofing, electrical, plumbing, HVAC and the cabinets were falling off the walls. The client received help from his family to complete and submit his application. During the processing of the client's application, staff noticed that there were numerous encumbrances against his property that prevented assistance through the City's housing rehabilitation program. After further review of the title report, staff collaborated on Mr. Taylor's title issues and came up with a way the client could address his title issues. Staff called the client and informed him of what he should do, but he was unable to perform the task. Staff realized that they needed to intervene on behalf of the client. Staff reached out by making phone calls and sending emails to several financial institutions that had encumbrances on the property. Within a month, the encumbrances were removed and the title company was able to revise the title report. Staff was able to proceed to loan closing and the rehabilitation of the property was completed correcting all deficiencies. Mr. Taylor was also referred to the Paint Your Heart Out organization where he was approved and his house was painted. Mr. Taylor has expressed his gratitude to staff for guiding him through the process for assistance. Availability for Public Inspection and Comments The City's Annual Report was made available for public inspection and comments on the City's website at www.myclearwater.com/HousingNotices. Notice to the public of the availability of the report was given by new paper advertisement in the Tampa Bay Times. Life-to-Date Homeownership Default and Foreclosure Mortgage Foreclosures A. Very low income households in foreclosure: B. Low income households in foreclosure: C. Moderate households in foreclosure: Mortgage Defaults A. Very low income households in default: B. Low income households in default: 3 9 3 0 1 Foreclosed Loans Life-to-date:15 SHIP Program Foreclosure Percentage Rate Life to Date:7.65 Total SHIP Purchase Assistance Loans:196 7Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 C. Moderate households in default: Strategies and Production Costs Expended Funds Administration by Entity Strategy Average Cost New Construction $103,314.88 Owner Occupied Rehab $26,065.09 Purchase Assistance w Rehab $45,300.00 0 Name Business Type Strategy Covered Responsibility Amount City of Clearwater Local Government All strategies in LHAP Administration of all strategies in LHAP $25,000.00 NOVA Engineering Engineering Company Owner Occupied Rehabiliation & New Construction Construction inspections $6,042.34 Rock Solid Inspection Company Purchase Assistance Housing code inspections $75.00 Strategy Full Name Address City Zip Code Expended Funds FY if Unit Already Counted Purchase Assistance w Rehab David Bell 2050 Loma Linda Way Clearwater 33763 $45,300.00 Owner Occupied Rehab Kimbery Emery 1017 N. Betty Lane Clearwater 33756 $24,959.52 Owner Occupied Rehab Lee Black 24862 U S Hwy 19 N. Unit 2103 Clearwater 33763 $33,343.12 Owner Occupied Rehab Melanie Bouse 1120 Webb Drive Clearwater 33755 $35,686.97 Owner Occupied Rehab Denise Fort- Myles 1155 Queen Street Clearwater 33756 $21,503.46 Owner Occupied Rehab Victoria Jasionowski 2204 NE Coachman Road Clearwater 33765 $32,092.97 Owner Occupied Rehab Juanita Hunter 1002 Engman Street Clearwater 33755 $13,622.05 New Construction Aaron Cowan 602 Alden Avenue Clearwater 33755 $103,314.88 Owner Occupied Rehab Bertha Boone 1532 Long Street Clearwater 33755 $21,247.54 Total Unit Count:9 $331,070.51Total Expended Amount: Defaulted Loans Life-to-date:1 SHIP Program Default Percentage Rate Life to Date:0.51 8Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Program Income Loan Repayment:$94,556.76 Refinance:$56,193.65 Foreclosure:$61,936.58 Sale of Property:$214,640.12 Interest Earned:$5,848.11 Total:$433,175.22 Program Income Funds Explanation of Recaptured funds Total:$.00 Description Amount Rental Developments Development Name Owner Address City Zip Code SHIP Amount SHIP Units Compliance Monitored By Pinellas County Housing Authority PCHA 1450 S. Martin Luther King, Jr. Avenue Clearwater 33756 $361,472.00 7 Single Family Area Purchase Price The average area purchase price of single family units:310,000.00 Or Not Applicable Number of Affordable Housing Applications Submitted 0 Approved 0 Denied 0 Number of Affordable Housing Applications Form 5 9Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Code(s)Strategies Expended Amount Units Encumbered Amount Units 3 Owner Occupied Rehab $46,965.17 2 SHIP Expended and Encumbered for Special Needs Applicants Special Needs Breakdown Strategies Special Needs Category Expended Amount Units Encumbered Amount Units (3) Owner Occupied Rehab Person with Disabling Condition (not DD) $46,965.17 2 Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: The city of Clearwater initiated and maintains a comprehensive and holistic approach by establishing the City Homeless Initiative Program. The Homeless Initiative Program provides homeless individuals and families access to comprehensive services. The city has committed its support for organizations that provides wrap-around services that address the root causes of homelessness. In addition, the city contributes financially to the Homeless Leadership Alliance (HLA) which is the umbrella organization overseeing the continuum of care providers, and the HMIS Homeless Management Information System in Pinellas County. The following are some of the ways in which city funds are being used to provide services to individuals and families experiencing homelessness: 1. Overnight emergency, transitional, or permanent housing to homeless individuals and/or families. 2. Delivery of case management 3. Transportation services for veterans to Bay Pines Hospital. Interim Year Data 10Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Interim Year Data Interim Year 1 State Annual Distribution $806,837.00 Program Funds Expended $825,540.43 Program Funds Encumbered $952,990.13 Total Administration Funds Expended $98,637.02 Total Administration Funds Encumbered $34,317.13 Homeownership Counseling 65% Homeownership Requirement $1,417,058.56 75% Construction / Rehabilitation $1,597,205.56 30% Very & Extremely Low Income Requirement $606,057.90 30% Low Income Requirement $927,047.66 20% Special Needs Requirement $567,895.86 Carry Forward to Next Year 175.63% 32.72% 50.05% 70.39% 197.96% Disaster Funds Program Income $1,045,409.04 11Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 LG Submitted Comments: 12Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2023-05005a Agenda Date: 8/17/2023 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of Residential Estate (RE) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Density Residential (LDR) District for an unaddressed parcel on Tanglewood Drive, and pass Ordinances 9684-23, 9685-23, and 9686-23 on first reading. (ANX2023-05005) SUMMARY: This voluntary annexation petition involves a 0.456-acre property consisting of one parcel of vacant land. The property is located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The applicant has indicated a desire to construct a detached dwelling on the property but no plans have been submitted at this time. The property is contiguous to existing city boundaries to the north and east. It is proposed that the property be assigned Future Land Use Map designations of Residential Estate (RE) and Drainage Feature Overlay and Zoning Atlas designation of Low Density Residential (LDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the Pinellas County. The closest sanitary sewer line is located in the Oak Creek Drive North right-of-way to the north of the subject property, which the property owner plans to extend to via a private line. The applicant is aware that the city's sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend city sewer service to this property. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #50 located at 2681 Countryside Boulevard. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Page 1 City of Clearwater Printed on 8/15/2023 File Number: ANX2023-05005a Objective A.2.2 Future land use in the City of Clearwater shall be guided by the city’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city’s Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Estate (RE) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 1 unit per acre. The Drainage Feature Overlay proposed to be applied to the property will recognize the existing drainage easement on the east side of the property. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the districts and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the north and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Page 2 City of Clearwater Printed on 8/15/2023 Ordinance No. 9684-23 ORDINANCE NO. 9684-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE NORTH SIDE OF TANGLEWOOD DRIVE APPROXIMATELY 675 FEET WEST OF OAK CREEK DRIVE EAST, IN CLEARWATER, FLORIDA 33761, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION, PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “B” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for Legal Description. (ANX2023-05005) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9684-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A Legal Description Unaddressed Tanglewood Dr, Clearwater, FL 33761, Parcel Number: 16-28-16-89752-000-0031 As Seen on Property Appraiser Tanglewood Estates PT of lot 3 Desc as from NW COR of SD lot TH E 195.11ft for the POB TH CONT E 211.89ft TH SW’LY 159.44ft TH W ALG N R/W of Tanglewood Dr 35.3ft TH NW’LY ALG SD N’LY R/W 64.19ft TH N19DW 131.7ft to POB. As Seen on Plat Survey A portion of Lot 3, Tanglewood Estates as shown on the Plat recorded in Plat Book 75, page 25 of the Public Records of Pinellas County Florida and being more particularly described as follows: Commence at the Northeast corner of said Lot 3; thence along the East boundary line of said Lot 3 South 29°00’00” West, a distance of 159.44 feet to the Northerly Right-of-Way line of Tanglewood Dr; thence along said Northerly Right-of-Way line the following two (2) courses and distances; (1) North 89°33’00” West, a distance of 35.81 feet; thence 64.18 feet along the arc of a curve to the left, said curve having a radius of 45.00 feet, a central angle of 81°43’17” and a chord of 58.88 feet, which bears North 74°09’55” West said point being on the Easterly boundary line of the parcel described in Official Records Book 10319, Page 1345 of said Public Records; thence along said easterly boundary line North 18°39’19” West, a distance of 131.70 feet to the North boundary line of said Lot 3; thence along said North boundary line South 89°32’45” East, a distance of 211.89 feet to the Point of Beginning. The above described parcel contains 0.46 acres more or less. Exhibit “B” PROPOSED ANNEXATION Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) Ordinance No. 9685-23 ORDINANCE NO. 9685-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE NORTH SIDE OF TANGLEWOOD DRIVE APPROXIMATELY 675 FEET WEST OF OAK CREEK DRIVE EAST, IN CLEARWATER, FLORIDA 33761, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL ESTATE (RE) AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description. Residential Estate (RE), Drainage Feature Overlay (ANX2023-05005) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9684-23. Ordinance No. 9685-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A Legal Description Unaddressed Tanglewood Dr, Clearwater, FL 33761, Parcel Number: 16-28-16-89752-000-0031 As Seen on Property Appraiser Tanglewood Estates PT of lot 3 Desc as from NW COR of SD lot TH E 195.11ft for the POB TH CONT E 211.89ft TH SW’LY 159.44ft TH W ALG N R/W of Tanglewood Dr 35.3ft TH NW’LY ALG SD N’LY R/W 64.19ft TH N19DW 131.7ft to POB. As Seen on Plat Survey A portion of Lot 3, Tanglewood Estates as shown on the Plat recorded in Plat Book 75, page 25 of the Public Records of Pinellas County Florida and being more particularly described as follows: Commence at the Northeast corner of said Lot 3; thence along the East boundary line of said Lot 3 South 29°00’00” West, a distance of 159.44 feet to the Northerly Right-of-Way line of Tanglewood Dr; thence along said Northerly Right-of-Way line the following two (2) courses and distances; (1) North 89°33’00” West, a distance of 35.81 feet; thence 64.18 feet along the arc of a curve to the left, said curve having a radius of 45.00 feet, a central angle of 81°43’17” and a chord of 58.88 feet, which bears North 74°09’55” West said point being on the Easterly boundary line of the parcel described in Official Records Book 10319, Page 1345 of said Public Records; thence along said easterly boundary line North 18°39’19” West, a distance of 131.70 feet to the North boundary line of said Lot 3; thence along said North boundary line South 89°32’45” East, a distance of 211.89 feet to the Point of Beginning. The above described parcel contains 0.46 acres more or less. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From : R-E, Residential Estate Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay Low Density Residential (LDR) Ordinance No. 9686-23 ORDINANCE NO. 9686-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE NORTH SIDE OF TANGLEWOOD DRIVE APPROXIMATELY 675 FEET WEST OF OAK CREEK DRIVE EAST, IN CLEARWATER, FLORIDA 33761, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9684-23. Property Zoning District See attached Exhibit “A” for Legal Description Low Density Residential (LDR) (ANX2023-05005) Ordinance No. 9686-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A Legal Description Unaddressed Tanglewood Dr, Clearwater, FL 33761, Parcel Number: 16-28-16-89752-000-0031 As Seen on Property Appraiser Tanglewood Estates PT of lot 3 Desc as from NW COR of SD lot TH E 195.11ft for the POB TH CONT E 211.89ft TH SW’LY 159.44ft TH W ALG N R/W of Tanglewood Dr 35.3ft TH NW’LY ALG SD N’LY R/W 64.19ft TH N19DW 131.7ft to POB. As Seen on Plat Survey A portion of Lot 3, Tanglewood Estates as shown on the Plat recorded in Plat Book 75, page 25 of the Public Records of Pinellas County Florida and being more particularly described as follows: Commence at the Northeast corner of said Lot 3; thence along the East boundary line of said Lot 3 South 29°00’00” West, a distance of 159.44 feet to the Northerly Right-of-Way line of Tanglewood Dr; thence along said Northerly Right-of-Way line the following two (2) courses and distances; (1) North 89°33’00” West, a distance of 35.81 feet; thence 64.18 feet along the arc of a curve to the left, said curve having a radius of 45.00 feet, a central angle of 81°43’17” and a chord of 58.88 feet, which bears North 74°09’55” West said point being on the Easterly boundary line of the parcel described in Official Records Book 10319, Page 1345 of said Public Records; thence along said easterly boundary line North 18°39’19” West, a distance of 131.70 feet to the North boundary line of said Lot 3; thence along said North boundary line South 89°32’45” East, a distance of 211.89 feet to the Point of Beginning. The above described parcel contains 0.46 acres more or less. PROPOSED ZONING MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From : R-E, Residential Estate Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay Low Density Residential (LDR) LOCATION MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) Detached Dwellings Detached Dwellings ANX2023-05005 Deborah E. Orsi Unaddressed Tanglewood Drive View looking north at subject property on Tanglewood Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Tanglewood Drive View looking westerly along Tanglewood Drive VrInd 71 2' g# eILIPiJ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2023-06006 Agenda Date: 8/17/2023 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of Residential Estate (RE) and Water and initial Zoning Atlas designation of Low Density Residential (LDR) District for an 1862 McCauley Road, and pass Ordinances 9694-23, 9695-23, and 9696-23 on first reading. (ANX2023-06006) SUMMARY: This voluntary annexation petition involves a 1.261-acre property consisting of one detached dwelling. The property is located on the west side of McCauley Road approximately 790 feet southeast of Sunset Point Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The property is not contiguous to existing city limits; however, it is in an enclave surrounded by city property on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the property be assigned Future Land Use Map designations of Residential Estate (RE) and Water and Zoning Atlas designation of Low Density Residential (LDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent McCauley Road right-of-way. The applicant is aware that the city's sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend city sewer service to this property. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policies of the Clearwater Comprehensive Plan: Page 1 City of Clearwater Printed on 8/15/2023 File Number: ANX2023-06006 Objective A.2.2 Future land use in the City of Clearwater shall be guided by the city’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city’s Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Policy A.7.2.4 Allow voluntary annexations for noncontiguous properties that are within an enclave as defined by Section 171.031(13)(a), Florida Statutes (Type A enclaves) and as authorized by the 2014 Interlocal Service Boundary Agreement (ISBA) between Pinellas County and municipalities, including the City of Clearwater. ·The proposed Residential Estate (RE) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 1 unit per acre. The Water designation proposed to be applied to the property will recognize the existing lake on the west side of the property. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is not contiguous to City boundaries but is located in a Type A Enclave; therefore, the annexation is consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. Page 2 City of Clearwater Printed on 8/15/2023 Ordinance No. 9694-23 ORDINANCE NO. 9694-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCCAULEY ROAD APPROXIMATELY 790 FEET SOUTHEAST OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1862 MCCAULEY ROAD CLEARWATER, FLORIDA 33765, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION, PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “B” have petitioned the City of Clearwater to annex the property into the City pursuant to the Interlocal Service Boundary Agreement authorized by Section 171.204, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for Legal Description. (ANX2023-06006) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9694-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2023-06006, 1862 McCauley Road, 06-29-16-16848-000-0190 As Seen on Property Appraiser COACHMAN LAKES ESTATES PART OF LOT 19 DESC BEG MOST E'LY COR OF SD LOT 19 TH S62D14'10"W 347.74FT TO MOST S'LY LOT COR TH N22D28'47"E 47.59FT TH N46D25'00"W 87.88FT TH N43D17'37"E 340.92FT TH S32D10'16"E 207.50FT TH S30D34'48"E 17.50FT TO POB Coachman Lakes Estates, part of Lot 19, described beginning being the most Easterly corner of said Lot 19; Thence South 62°14’10” West, a distance of 347.74 feet to the most Southernly Lot corner; Thence North 22°28’47” East, a distance of 47.59 feet; Thence North 46°25’00” West, a distance of 87.88 feet; Thence North 43°17’37” East, a distance of 340.92 feet; Thence South 32°10’16” East a distance of 207.50 feet; Thence South 30°34’48” East, a distance of 17.50 feet to the Point of Beginning. The above-described parcel contains 1.261 acres more or less. Exhibit “B” PROPOSED ANNEXATION Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) Ordinance No. 9695-23 ORDINANCE NO. 9695-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCCAULEY ROAD APPROXIMATELY 790 FEET SOUTHEAST OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1862 MCCAULEY ROAD CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL ESTATE (RE) AND WATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description. Residential Estate (RE), Water (ANX2023-06006) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9694-23. Ordinance No. 9695-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2023-06006, 1862 McCauley Road, 06-29-16-16848-000-0190 As Seen on Property Appraiser COACHMAN LAKES ESTATES PART OF LOT 19 DESC BEG MOST E'LY COR OF SD LOT 19 TH S62D14'10"W 347.74FT TO MOST S'LY LOT COR TH N22D28'47"E 47.59FT TH N46D25'00"W 87.88FT TH N43D17'37"E 340.92FT TH S32D10'16"E 207.50FT TH S30D34'48"E 17.50FT TO POB Coachman Lakes Estates, part of Lot 19, described beginning being the most Easterly corner of said Lot 19; Thence South 62°14’10” West, a distance of 347.74 feet to the most Southernly Lot corner; Thence North 22°28’47” East, a distance of 47.59 feet; Thence North 46°25’00” West, a distance of 87.88 feet; Thence North 43°17’37” East, a distance of 340.92 feet; Thence South 32°10’16” East a distance of 207.50 feet; Thence South 30°34’48” East, a distance of 17.50 feet to the Point of Beginning. The above-described parcel contains 1.261 acres more or less. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: Residential Estate (RE), Water R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Low Density Residential (LDR) Ordinance No. 9696-23 ORDINANCE NO. 9696-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCCAULEY ROAD APPROXIMATELY 790 FEET SOUTHEAST OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1862 MCCAULEY ROAD CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: Property Zoning District See attached Exhibit “A” for Legal Description. Low Density Residential (LDR) (ANX2023-06006) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9694-23. Ordinance No. 9696-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2023-06006, 1862 McCauley Road, 06-29-16-16848-000-0190 As Seen on Property Appraiser COACHMAN LAKES ESTATES PART OF LOT 19 DESC BEG MOST E'LY COR OF SD LOT 19 TH S62D14'10"W 347.74FT TO MOST S'LY LOT COR TH N22D28'47"E 47.59FT TH N46D25'00"W 87.88FT TH N43D17'37"E 340.92FT TH S32D10'16"E 207.50FT TH S30D34'48"E 17.50FT TO POB Coachman Lakes Estates, part of Lot 19, described beginning being the most Easterly corner of said Lot 19; Thence South 62°14’10” West, a distance of 347.74 feet to the most Southernly Lot corner; Thence North 22°28’47” East, a distance of 47.59 feet; Thence North 46°25’00” West, a distance of 87.88 feet; Thence North 43°17’37” East, a distance of 340.92 feet; Thence South 32°10’16” East a distance of 207.50 feet; Thence South 30°34’48” East, a distance of 17.50 feet to the Point of Beginning. The above-described parcel contains 1.261 acres more or less. Exhibit “B” PROPOSED ZONING MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) LOCATION MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (A ) 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) Office Detached Dwellings ANX2023-06006 Ronald and Mireille Pollack 1862 McCauley Road View looking west at subject property on McCauley Road South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along McCauley Road View looking southerly along McCauley Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0969 Agenda Date: 8/17/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve $250,000 for startup and one-year ongoing operating expenses of AMPLIFY Clearwater Tourism Incubator to be located at 1346 S Ft Harrison Ave, Clearwater. (consent) SUMMARY: On September 1, 2022, City Council approved an allocation of $250,000 in American Rescue Plan Act - Local Fiscal Recovery Funds to AMPLIFY Clearwater for the establishment of a business incubator. On July 27, 2023, AMPLIFY Clearwater submitted a comprehensive and detailed Business Plan (Exhibit A) for the establishment and operation of an incubator with a mission to cultivate a vibrant and sustainable tourism ecosystem. With a strategic partnership with locally owned and operated Economic Impact Catalyst, the incubator’s objectives are to nurture growth stage tourism companies, provide support and resources to accelerate business growth, facilitate collaboration and knowledge-sharing, foster a culture of innovation and sustainability, and drive equitable and inclusive economic development in the Tampa Bay region. Elements of the plan include: 1.Executive Summary 2.Leadership, Team and Management 3.Introduction & Background 4.Elements of the Incubator Model 5.Incubator Services 6.Research of Leading Incubator Models 7.Curriculum Design 8.Mentorship and Network Design 9.Eligibility and Intake 10.Target Market 11.Ideal Business 12.Tourism Profile 13.Marketing Strategy 14.Operations and Infrastructure 15.Financial Plan 16.Fundraising Strategy 17.Legal & Regulatory Considerations 18.Risks & Mitigation 19.Evaluation & Success Metrics 20.Timeline Staff reviewed the Business Plan and recommends funding support of $250,000 payable to Page 1 City of Clearwater Printed on 8/15/2023 File Number: ID#23-0969 The Greater Clearwater Regional Chamber of Commerce d/b/a AMPLIFY Clearwater as follows: 1.$150,000 upon approval of Council to support startup costs as described in the Financial Plan. 2.$50,000 upon launch of Cohort 1 on or about October 2, 2023, to support ongoing expenses in Year 1. 3.$50,000 upon launch of Cohort 2 on or about April 15, 2024, to support ongoing expenses in Year 2. APPROPRIATION CODE AND AMOUNT: ARPA-LFRF 1817552-581000-G2219 Page 2 City of Clearwater Printed on 8/15/2023 BUSINESS PLANBUSINESS PLAN AMPLIFY CLEARWATER TOURISM INCUBATORAMPLIFY CLEARWATER TOURISM INCUBATOR August 2023 2 EXECUTIVE SUMMARY 10 INTRODUCTION & BACKGROUND 12 INCUBATOR MODEL INCUBATOR SERVICES13 TARGET MARKET26 IDEAL BUSINESSES28 MARKETING STRATEGY30 15 LEADING INCUBATOR MODELS 29 TOURISM PROFILE CURRICULUM DESIGN20 MENTORSHIP NETWORK DESIGN23 ELIGIBILITY AND INTAKE24 OPERATIONS & INFRASTRUCTURE33 TEAM & MANAGEMENT FINANCIAL PLAN35 EVALUATION & SUCCESS METRICS41 39 RISKS & MITIGATION 37 FUNDRAISING STRATEGY LEGAL & REGULATORY CONSIDERATIONS38 1 NOTE FROM THE CEO 5 LEADERSHIP 43 TIMELINE TABLE OF CONTENTS The tourism industry is rapidly evolving and new business models are emerging to meet changing traveler demands. Trends show an increased demand for new types of tourism, including but not limited to ecotourism and health tourism. This business plan outlines our strategy to launch an innovative tourism incubator that will identify promising growth stage businesses, provide seed funding and training, and accelerate the growth of new tourism ventures. The following table of contents provides an overview of the key sections of this plan: 6 NOTE FROM THE CEO On the heels of Clearwater being named #1 beach in the US again this year, our business incubator will further capitalize on what our community already does so well. Our goal is to focus on emerging trends and innovative ideas to guarantee a sustainable delivery and continued success. 1 Amanda Payne President/CEO, AMPLIFY Clearwater Who is AMPLIFY? AMPLIFY Clearwater was established in 2019, following the merger of two historic organizations: the Clearwater Beach Chamber of Commerce, and the Clearwater Regional Chamber of Commerce. While AMPLIFY covers the role of a traditional chamber of commerce, the organization operates with a broader vision and scope, including a robust public policy program, leadership programs, and more. With less than 4 years in existence, the leadership behind AMPLIFY led a unification process that included a full rebrand, member dues and partnership restructuring, staff realignment, and a reinvigorated scope of work to match the needs of the post-pandemic business community. Navigating a very challenging time, AMPLIFY emerged as the go- to organization for information throughout the pandemic. While many chambers of commerce around the country struggled to keep themselves afloat, AMPLIFY Clearwater was able to end every year in the black with growth on the horizon. Why AMPLIFY? In 2022, AMPLIFY Clearwater was selected by the City of Clearwater Economic Development department to take over Clearwater Business SPARK, a small business assistance initiative. In less than a full year operating SPARK, AMPLIFY has immensely grown its footprint, hosting monthly “Get Connected” events to practice what the program preaches: resources shared with those wishing to start a business, but unsure how or where to find all the information and help necessary to their success. Why Now? As AMPLIFY looks to rebrand SPARK to fit more organically under its umbrella, we realized there was an existing gap in service. Clearwater Business SPARK helps aspiring entrepreneurs early on in the business development process, AMPLIFY Clearwater addresses the business’ needs after hanging the first shingle, leaving those in the ideation phase, or the growth phase of a venture without privately-led support in the North Pinellas region. AMPLIFY Clearwater is uniquely qualified to fill this gap, as it already leads the other two initiatives. EXECUTIVE SUMMARY Overview The following executive summary outlines a comprehensive business plan for the establishment of an incubator focused on fostering tourism growth. This initiative is the result of a strategic partnership between AMPLIFY Clearwater and Economic Impact Catalyst. The primary objective of this collaboration is to catalyze the tourism industry in the greater Clearwater, FL area with a specific focus on tourism by nurturing innovative businesses and supporting entrepreneurs in the tourism sector. Introduction Tourism is a critical component of economic development in our region, with immense potential for growth and job creation. However, tourism-related ventures often face significant barriers to entry and a lack of resources to fuel growth. The proposed incubator aims to address these challenges by providing a nurturing ecosystem where entrepreneurs can thrive and grow innovative solutions to propel the tourism industry forward. Mission and Objectives The mission of the incubator is to cultivate a vibrant and sustainable tourism ecosystem by: a) Identifying and nurturing promising existing growth stage tourism companies b) Providing comprehensive support and resources to accelerate business growth c) Facilitating collaboration and knowledge- sharing among entrepreneurs, industry experts, and investors d) Fostering a culture of innovation and sustainability within the tourism sector e) Driving equitable and inclusive economic development in the Tampa Bay region 2 Services and Offerings The incubator will offer a wide range of services tailored to the unique needs of tourism businesses: a) Mentorship and Coaching: Experienced mentors will guide and advise entrepreneurs, helping them refine their business strategies and navigate the challenges of the tourism industry. b) Access to Capital: The incubator will connect businesses with potential investors and tourism- focused funding opportunities to secure necessary capital for growth. c) Shared Resources: Businesses will have access to shared office spaces, technology infrastructure, and networking events to promote collaboration and idea exchange. d) Industry Partnerships: Strategic partnerships with tourism organizations, government agencies, and industry leaders will provide invaluable market insights and potential pilot opportunities. e) Training and Workshops: Tailored workshops and training sessions will equip entrepreneurs with the skills needed to build and scale their tourism businesses effectively. Selection Criteria To ensure the incubator's success and maintain a high standard of innovation, the selection process for businesses will be intake-based and reliant on the following criteria: a) Alignment with tourism Focus: Businesses must demonstrate a clear connection to the tourism sector and offer solutions that enhance sustainable tourism practices, visitor experiences, or destination marketing. b) Growth Potential: The business model and market potential of each business will be evaluated, prioritizing those with scalable and sustainable growth prospects. c) Team and Leadership: Strong, adaptable, and dedicated founders with a clear vision for their business will be given preference during the selection process. Conclusion The establishment of the tourism-focused incubator in collaboration with AMPLIFY Clearwater and Economic Impact Catalyst represents a significant opportunity to elevate the tourism industry and drive economic growth in the community. By nurturing innovative businesses and providing them with essential resources, mentorship, and connections, the incubator aims to revolutionize the way businesses focused on tourism grow and succeed. With the backing of our esteemed partners and the dedication to fostering sustainable tourism practices, this incubator is poised to become a catalyst for positive change in the tourism sector, benefiting our region, its visitors, and the wider community. EXECUTIVE SUMMARY (CONTINUED) 3 EXECUTIVE SUMMARY (CONTINUED) 4 Grant Management Technical Assistance delivery, tracking and compliance reporting Mentoring and entrepreneurship education Mapping and convening entrepreneurship ecosystems Fundraising and Impact reporting Strategic consulting on economic development initiatives About Economic Impact Catalyst Economic Impact Catalyst creates best-in-class, technology-enabled solutions, strategic consulting, and entrepreneurship-led economic development solutions to support economic development agencies. We work in more than 100 markets in the United States to help entrepreneurs from underrepresented communities build wealth, autonomy, and improve outcomes for their communities. In addition to access to the Startup Space platform, we provide meaningful data and surveys to help our clients understand their impact and drive policy. Our areas of expertise include: Our clients include state and local economic development agencies, public/private partnerships, 501(c)(3) nonprofit organization, educational institutions, incubators and accelerators. Learn more about our solutions, our mission, and our clients at economicimpactcatalyst.com. LEADERSHIP Overview The incubator's leadership represents a dynamic and visionary team of individuals who spearhead the development and execution throughout the incubator planning process. Guided by a shared passion for fostering innovation and driving sustainable growth for businesses and economic development, this group brings together a wealth of expertise, experience, and dedication to realize the incubator's mission. 5 AMPLIFY Clearwater Team The team members at AMPLIFY Clearwater are visionary leaders with a deep-rooted commitment to promoting economic growth and fostering innovation within the tourism industry, applying that expertise to ensure the incubator's success. Economic Impact Catalyst Team Below are the dedicated team members from Economic Impact Catalyst, each contributing their expertise in various capacities to ensure successful planning and execution of the incubator. Amanda Payne President/CEO Kristina Park Chief Operating Officer Camille Hebting Executive Vice President, External Affairs David Ponraj CEO McKenzie Dial-Fritscher Senior Vice President, Operations Devon Jones Project Manager, On-Site Shannon McKenzie Project Manager, Remote TEAM & MANAGEMENT OVERVIEW The success of the incubator hinges upon the dedication, expertise, and vision of its exceptional team and management. At the heart of this dynamic initiative lies a group of passionate individuals committed to fostering innovation and sustainable growth within the tourism industry. With a wealth of diverse experiences and a shared mission, the team and management of the incubator form a formidable force, driving businesses towards success and creating a positive impact on the tourism landscape. 6 AMPLIFY CLEARWATER PROJECT TEAM Amanda Pasdon Payne began her chamber career in her hometown community. Amanda grew up in a small town in Georgia which she left at the age of 26 determined to see the world. Her adventures landed her in Morgantown, West Virginia where she earned her Executive MBA from West Virginia University. She spent 10 years in West Virginia where she worked to better her community and the state. She served on various boards and aided in various community centered projects including Habitat for Humanity, the Girl Scouts, and other child advocacy groups. Amanda currently serves as the President/CEO of AMPLIFY Clearwater. She also served in the West Virginia House of Delegates for three consecutive terms, serving as Chair of the House Education Committee in her last term and held the position of Vice President and CFO of the West Virginia Chamber of Commerce. Each of these positions brought with it a unique perspective and opportunity to affect positive change for business, education, health and communities. Amanda believes that knowledge and experience will aid greatly in her continuing to advocate on behalf on the Clearwater business community. She is an energetic and dynamic individual. Whether working with industry leaders, proudly serving her constituents, volunteering within her community or engaging for change, Amanda views each step of her path all preparatory for the next. Amanda proudly serves on the Pinellas Race Equity Leadership Council, USF Kate Tiedemann College of Business advisory board, Florida Association of Chamber Professionals board of directors, the Association of Chamber of Commerce Executives board of directors, and the School Advisory Commission for St Cecelia Interparochial School. Amanda resides in Clearwater, Florida with her husband Chris, her two sons, J.C. and Jack. AMANDA PAYNEPRESIDENT/CEO TEAM & MANAGEMENT Kristina Park serves at the Chief Operating Officer of AMPLIFY Clearwater. Bringing together for-profit, not-for- profit and governmental partners, Kristina coordinates all available resources to strategically accomplish both the organizational and community development goals. Joining the Clearwater Regional Chamber as Vice President in 2016, Kristina was instrumental in the tactics that lead to the successful merger of two Chambers of Commerce to form AMPLIFY Clearwater in October, 2019. With her expertise in the Tourism space, Kristina was selected to serve as the President of the SKAL Tampa Bay Chapter for 2020, during which time the Club earned the #1 chapter in the USA and the #3 in the world. Prior to joining the Clearwater Regional Chamber, Kristina served as the Visitor Experience Manager for the St. Petersburg Area Chamber of Commerce; a newly formed position pitched by and created for her. Here she initiated all tourism related efforts within the Chamber of Commerce, growing the membership and impact in the hospitality space while transforming partnerships across the Tampa Bay Area. During her time there, she converted the small visitors center space into a significant retail shop highlighting and supporting the St. Pete artists which is still thriving today. KRISTINA PARKCHIEF OPERATING OFFICER AMPLIFY CLEARWATER PROJECT TEAM She has earned many recognitions in this role including Tampa Bay Business Journals 2013 Up & Comer, nominee a finalist for 2015 Woman of the Year, YMCA’s Community GEM Award, Top Young Careerist by the Business & Professional Women’s Club and was featured as a Top 6 Professional Under 40 by St. Pete Magazine. She is also a recipient of the Pineapple Award from the Tampa Bay Women in Tourism. Kristina graduated with honors from the University of North Carolina at Greensboro with a Bachelor of Arts in Recreation, Tourism & Hospitality Management with a focus in International Business. She is an alumni of Leadership AMPLIFIED, Leadership St. Pete, and the Accendo Leadership Training Program. Additionally, she has earned certificates in Post-Crisis Leadership, Post-Crisis Hospitality Management, and Workplace Diversity, Equity & Inclusion from the University of South Florida. 7 TEAM & MANAGEMENT Camille Hebting is a multi-lingual and multi-cultural strategic partnerships builder, a communications leader, and an award-winning marketing executive & community connector. Originally from the region of Alsace in France, Camille is a dual citizen of both countries and an avid traveler. Camille studied International Business, Multicultural Communications, Strategic Negotiations, Market Research, Project Management, and Marketing at the University of Bordeaux, France, where she earned her Bachelor’s Degree with honors. Camille’s background includes non-profit and for-profit organizations of all sizes, in diverse industries such as Tourism, Healthcare, and Education. Her strengths lie in visionary planning for brands and projects, focused on thoughtful and thorough branding, positioning, and communications. CAMILLE HEBTINGEXECUTIVE VICE PRESIDENT, EXTERNAL AFFAIRS AMPLIFY CLEARWATER PROJECT TEAM In her role of Executive Vice President, External Affairs, Camille is responsible for how the world sees AMPLIFY. She oversees all external communications, public and media relations, and participates in the development of strategic initiatives for both the chamber and its foundation, including leadership and public policy programs. Prior to joining the team, Camille spent 10 years volunteering at various levels for chamber organizations, including several years as a member of the board of directors for the Clearwater Regional Chamber of Commerce, and the role of Chairperson of the Clearwater Young Professionals. Camille has also served as a volunteer board member for organizations in the sustainability and affordable housing space. Her passion for Business Connectivity and Public Service earned her the inaugural Generation AMPED Award in 2021 from AMPLIFY Clearwater, two years before she joined the team. Camille is passionate about creating programs and spaces that are diverse, inclusive, and accessible by design. She holds a DE&I in the Workplace certificate from the USF Muma College of Business, and is currently pursuing a Mental Health & Wellness in the Workplace certificate. 8 As a senior operations executive, McKenzie has led various teams at Economic Impact Catalyst over the past five years. She brings a unique blend of humanities experience, a startup mentality, and passion for meaningful work to every role. In previous roles, McKenzie worked as an instructor of English across the central Illinois community college system. She holds a BA and MA in English, both from Eastern Illinois University. David is a serial entrepreneur with extensive experience leading innovations in market research, globally. He launched Startup Space - now Economic Impact Catalyst, to provide equitable access to resources for small businesses while measuring the economic impact to communities. Startup Space was born out of David’s previous business venture that failed due to challenges in navigating the local entrepreneurship ecosystem. TEAM & MANAGEMENT DAVID PONRAJCHIEF EXECUTIVE OFFICER MCKENZIE DIAL-FRITSCHERSVP, OPERATIONS DEVON JONESPROJECT MANAGER, ON-SITE SHANNON MCKENZIEPROJECT MANAGER, REMOTE ECONOMIC IMPACT CATALYST PROJECT TEAM Devon currently serves as Client Operations Coordinator at Economic Impact Catalyst where she leverages her strengths to streamline operations and support client experience. In 2021, she graduated with from the University of South Florida with a BS in Business Analytics and Information Systems. Shannon has a BA in English from Missouri State University with a minor in Mass Media. Since beginning her professional career, she has gained experience with various administrative duties, customer service, and banking. Currently serving as an Administrative Assistant and Project Manager for Economic Impact Catalyst, Shannon takes on diverse responsibilities to ensure the successful execution of various initiatives. 9 INTRODUCTION & BACKGROUND TH E NE ED F OR A T O U RIS M INC U BATOR Welcome to the innovative vision of the AMPLIFY Clearwater tourism incubator, a groundbreaking initiative that aims to revolutionize the tourism industry through nurturing entrepreneurship, innovation, and sustainable growth. Created through a strategic partnership between AMPLIFY Clearwater and Economic Impact Catalyst, this incubator is set to become the driving force behind the transformation of tourism in our region. The global tourism landscape is continually evolving, and our region has recognized the need to adapt and position itself as a leading destination for travelers seeking authentic experiences and responsible tourism practices. To achieve this, it is essential to foster an environment that supports the growth of cutting edge tourism businesses and empowers passionate entrepreneurs to bring their vision to life. The incubator is founded on the belief that nurturing and empowering tourism businesses is pivotal for economic transformation and community development. By offering a comprehensive range of resources, mentorship, and support services, the incubator aims to bridge the gap between innovative ideas and sustainable businesses, catalyzing job creation, attracting investment to the Clearwater area, and expanding the tourism industry. The incubator will serve as a catalyst for entrepreneurial growth, providing businesses with the tools and opportunities they need to thrive. Through an inclusive and collaborative environment, the incubator will connect entrepreneurs with industry experts, seasoned mentors, and potential investors, creating an ecosystem that fosters knowledge-sharing, innovation, and cross-industry collaboration. 10 Moreover, the incubator will leverage the vast network and expertise of AMPLIFY Clearwater to establish strategic partnerships with local businesses, government entities, educational institutions, and community organizations. These collaborations will not only increase the resources available to businesses but also foster a culture of entrepreneurship, generating a positive ripple effect throughout the broader business community. By launching the incubator, Economic Impact Catalyst and AMPLIFY Clearwater demonstrate their commitment to driving sustainable economic growth and cultivating an environment where businesses can thrive. This incubator will contribute to the diversification of Clearwater's economy, attract and retain talent, and position the city as a prominent entrepreneurial destination in the region, especially for tourism. The subsequent sections of this business plan provide a comprehensive overview of the incubator, outlining the program offerings, target market, marketing strategies, operational details, financial projections, and more. Together, let us embark on this exciting journey to the AMPLIFY Clearwater tourism incubator's entrepreneurial potential and shape the future of innovation in our community. INTRODUCTION & BACKGROUND (CONTINUED) $10.3 billion in annual economic impact Over $700 saved yearly in residential taxes Nearly 5% increase in hotel occupancy YOY 18%+ predicted jump in international tourists choosing Pinellas County Pinellas County tourism is responsible for: "Value Tourism." Visit St. Pete/Clearwater Partners. 2023. https://partners.visitstpeteclearwater.com/resource/value-tourism. St. Pete/Clearwater Partners. "Tourism Economic Snapshot." April 2023.https://partners.visitstpeteclearwater.com/sites/default/files/ vii.a._tdc_economic_snapshot_report-april_2023.pdf. Manning, Margie. "What's ahead for international tourism in Pinellas County?" St. Pete Catalyst, July 5, 2019. https://stpetecatalyst.com/whats-ahead-for-international-tourism- in-pinellas-county/. "International Visitor Report." Visit St. Pete/Clearwater Partners. 2023. https://partners.visitstpeteclearwater.com/reporting/international- visitor-report. 1 2 3 4 1 1 2 3, 4 11 INCUBATOR MODEL INNOVATION HUB The incubator serves as a vibrant innovation hub, attracting talented entrepreneurs with cutting edge businesses in the tourism sector. As the central point of collaboration, the incubator offers state-of-the-art facilities, shared workspaces, and a conducive environment for creative thinking and idea exchange. To maximize the potential of these businesses, the incubator offers holistic support tailored to each entrepreneur's unique needs. From mentorship and coaching to access to capital and networking opportunities, the incubator ensures that businesses receive comprehensive assistance in every aspect of their journey. The incubator operates on a comprehensive and dynamic model that fosters the growth of tourism businesses as they grow and gain market success. By combining the expertise of AMPLIFY Clearwater and Economic Impact Catalyst, the incubator provides a supportive ecosystem for entrepreneurs, empowering them to create innovative solutions that drive the tourism industry forward. The incubator's model is designed to expedite the growth of pre-existing businesses. By providing them with the resources and guidance required to navigate challenges and capitalize on opportunities, the incubator enables these businesses to achieve milestones faster, accelerating their path to success. The incubator promotes a collaborative ecosystem, connecting businesses with industry experts, tourism organizations, government agencies, and potential partners. This collaboration not only opens doors for pilot opportunities and valuable market insights but also facilitates the exchange of knowledge and best practices. HOLISTIC SUPPORT ACCELERATED GROWTH ECOSYSTEM COLLABORATION The incubator emphasizes a data-driven approach, tracking and measuring the impact of businesses throughout their incubation journey and beyond. This approach ensures transparency, accountability, and the continuous improvement of the incubator's offerings. MEASURABLE IMPACT 12 Core Programming Core programming will consist of two (2) ten- week competitive cohorts each year. Qualifying companies must be growth stage companies with at least one buying customer to be accepted into the core programming. At the end of each cohort, 1st and 2nd place companies will receive $20k cash and $10k cash prizes respectively. Business Growth Resources Companies that complete the core programming will walk away with a complete business plan. These companies will also receive approximately $100,000 value in-kind their first year post-graduation with access to technology services, consulting, mentorship, and other benefits. Mentorship and Coaching Businesses are paired with experienced mentors who offer invaluable insights, guidance, and support. Regular coaching sessions help refine business strategies, validate market assumptions, and navigate challenges efficiently. Access to Capital The incubator facilitates connections with potential investors, venture capitalists, and other funding sources to help businesses secure the necessary capital for growth, expansion, and product development. Business Planning: Creating effective business plans, market analysis, and financial projections. Marketing Strategies: Exploring digital marketing, branding, and customer acquisition. Sales Techniques: Improving sales conversion, customer relationship management, and negotiation skills. Financial Management: Budgeting, financial forecasting, and cash flow management. Market Research: Understanding customer needs, competitors, and industry trends. Customer Service Excellence: Building customer loyalty and creating brand advocates. Technology and Automation: Streamlining processes and enhancing productivity. E-Commerce and Online Presence: Optimizing online strategies and marketing. Legal and Regulatory Compliance: Understanding business structure and local regulations. Scaling and Growth Strategies: Expanding into new markets and managing growth challenges. Financial Funding and Investment: Exploring funding options and attracting investment. Social Responsibility and Sustainability: Embracing CSR and sustainable practices. BO OTC AMP T O PI C S Bootcamps In addition to the core programming, the incubator will also host twelve (12) bootcamps annually on topics that are beneficial for business owners, such as financial readiness, customer discovery, minimum viable products, and other related themes. INCUBATOR SERVICES The incubator will provide a comprehensive array of services, fostering an ecosystem that empowers businesses to succeed in the competitive tourism industry. Key services offered include the following: 13 INCUBATOR SERVICES (CONTINUED) Shared Resources Businesses gain access to shared office spaces, modern amenities, and cutting-edge technology infrastructure. This cost-effective solution fosters collaboration among entrepreneurs and enables them to focus on their core business activities. Training and Workshops Tailored workshops, training sessions, and educational programs equip businesses with essential entrepreneurial skills, such as business development, marketing, finance, and sustainable practices. Industry Partnerships The incubator leverages its network to form strategic partnerships with tourism organizations, governmental bodies, and established industry players. These partnerships offer businesses the opportunity to expand their products and services throughout the region. Market Research and Validation The incubator assists businesses in conducting market research and validating their ideas to ensure that their offerings align with market demands and visitor preferences. Networking Events Regular networking events, industry meetups, and pitch sessions enable businesses to connect with potential customers, partners, and investors, fostering meaningful relationships within the tourism ecosystem. Through these comprehensive services, the incubator aims to catalyze the growth of tourism businesses, creating a sustainable and innovative tourism industry that not only enhances visitor experiences but also contributes to the economic and social development of the community. 14 LEADING INCUBATOR MODELS To design our own successful incubator model, we researched innovative programs at leading technology hubs and accelerators including Y Combinator, gener8tor, and others. Access to $120,000 in crucial funding Valuable mentorship from seasoned entrepreneurs and investors The opportunity to connect with potential customers and partners within the YC network Exposure to the vibrant YC community, fostering collaboration and learning The chance to draw insights from the successes and failures of other YC companies, fostering a growth mindset Y Combinator Y Combinator is a global incubator program that has funded over 3,000 companies since 2005. It is known for its rigorous three-month program that provides startups with seed funding, mentorship, and access to its global network of investors. While Y Combinator specializes in early-stage technology companies, they have successfully funded now- industry leaders such as Airbnb, Coinbase, Dropbox, Instacart, Quora, PagerDuty, Reddit, Stripe, and Twitch. The YC program spans 3 months and is held in Mountain View, California. During this period, participating companies receive $120,000 in funding and 7% equity in their company. Additionally, they gain access to a robust network of mentors, investors, and various other resources. However, gaining entry into the YC program is highly competitive, with only approximately 2% of applicants being accepted. For those fortunate enough to participate, the benefits are numerous, including: gener8tor gener8tor is a nationally-ranked accelerator program founded in 2012 and based out of Wisconsin that runs industry-focused accelerators in various states across the U.S. as well as an internationally-focused program for startups from outside the country. gener8tor accelerators are competitive 12-week programs that provide a $100k investment for 7% equity along with intensive mentoring and resources. Benefits include one-on-one mentor sessions, weekly seminars, networking events, free workspace, and exposure to gener8tor's national network of mentors, investors, and corporate partners. Eligibility requirements are that startups must be early stage (past prototype with some customer traction), have a strong founding team, and be willing to participate full-time during the 12 weeks. Industry verticals vary by cohort but include programs in healthcare, education, manufacturing, agriculture, real estate, and sustainability among others. Over 750 startups have graduated from gener8tor's accelerators since inception, raising over $450 million in follow-on funding. gener8tor is focused on investing in and supporting underrepresented founders, including women, minorities, and rural entrepreneurs. The hands-on, immersive acceleration provided draws on gener8tor's decade of experience guiding and scaling high- potential startups across the U.S. 15 Builders + Backers Builders + Backers is a Chicago-based nonprofit organization that provides mentoring and networking opportunities to support emerging companies. The program connects growth- stage founders with seasoned entrepreneurs, operators, and business veterans who serve as mentors. Benefits include 1-on-1 mentorship sessions, exposure to the Builders + Backers network, and participation in their educational and networking events. Mentors are experienced leaders with backgrounds spanning technology, healthcare, consumer products, professional services, and other industries. Builders + Backers focuses on supporting underrepresented founders including women, minorities, immigrants, and those building companies outside major VC hubs. Eligibility requirements are that participating founders must have an existing business, product, or service already in market. Ideal founders are in the growth stage looking to scale. Mentorships run for approximately 6 months with regular meetings cadence determined by the pair. There is no cost for founders. Builders + Backers funds operations through corporate sponsors and partners. The program aims to democratize access to high-value mentorship and networks to aid next-generation companies. Climate Solution Track: Focused on startups with solutions impacting Greenhouse Gas emissions and climate change mitigation, such as carbon capture, energy efficiency, and agtech. HealthTech Track: Concentrating on startups offering novel treatments, technologies, or processes to clinicians and healthcare organizations, with an emphasis on improving patient welfare and easing the burden on healthcare professionals. Safety & Security Track: Targeting startups addressing national security and public safety challenges, including those with "dual-use" applications in both commercial and governmental/military services. Social Impact Track: Supporting startups dedicated to driving positive societal or environmental impact, with social innovation at the core of their mission. Sustainable Food Track: Accelerating sustainable food startups by focusing on sustainability, food, and packaging. MassChallenge MassChallenge is a global incubator program that has funded over 3,000 companies. MassChallenge offers a variety of programs, including accelerators, seed funds, and corporate innovation programs. The program is inclusive of startups at different stages, ranging from those in the initial customer discovery phase to those validating their technology or service. The available "Tracks" include: Eligibility guidelines welcome all applicants who can benefit from the U.S. Early Stage Program, generally targeting early-stage companies with less than $1M in equity-based funding and $2M in annual revenue. However, these guidelines are flexible, and exceptions may be considered based on the specific context of each market. LEADING INCUBATOR MODELS (CONTINUED) 16 Seed investment of $120,000 in exchange for 6% equity Access to experienced startup mentors Office space provided in accelerator city Entrepreneurial community and networking opportunities Demo day to pitch to hundreds of investors Lifetime access to TechStars network and resources Brand recognition and visibility from affiliation with TechStars Early-stage company, usually beyond MVP stage Potential for scalability and rapid growth Committed founding team willing to relocated to accelerator location Technology focused business model Not required to be incorporated or have patents/IP No specific industry or geographic focus Recent graduates typically have high traction and metrics Application process requires background on team, progress made, financials TechStars TechStars is a global incubator program that has funded over 3,500 companies. TechStars offers a variety of programs, including accelerators, seed funds, and venture capital. The TechStars community comprises entrepreneurs, mentors, investors, and partners hailing from various corners of the globe. This diverse group collaborates, shares knowledge, and works together to foster success for all members. Benefits of TechStars accelerator programming: Eligibility Requirements: 17 LEADING INCUBATOR MODELS (CONTINUED) S U M M AR Y : B ENE F I T S O F L E A D I N G I NC U B A T OR M O D E L S Seed funding ranging from $100k to $150k for 3-7% equity Access to experienced mentors and advisors Office space and program facilities Entrepreneurial community and networking Investor demo days and pitch events Post-program alumni network and continued support Branding and validation from affiliation S U M M AR Y : E LI G IB ILI T Y TO P A R T I C IP ATE IN LE A D I N G INC U BA T O R M OD EL S Favorable toward early stage companies (pre- seed, seed, early traction) Strong founding team and leadership Scalable business model and growth potential Technical focus or technology-enabled Fit with program industry verticals Prepared to rapidly grow during program Competitive application process based on traction, metrics, potential Recent graduates tend to have strong traction Flexibility on incorporation status and IP INCubator The INCubator, a prominent program under the Chattanooga Area Chamber of Commerce, stands as the largest business incubator in Tennessee and ranks as the third-largest in the entire United States. Housed within the Hamilton County Business Development Center (BDC) on Chattanooga's NorthShore, this impressive facility spans 127,000 square feet and offers extensive support to startups in the region. Entrepreneurs seeking to transform their early- stage startups into thriving, profitable businesses find a perfect destination in the INCubator. Whether opting for the three-year incubation program or simply requiring co- working spaces to collaborate with other startups temporarily, this exceptional program caters to diverse needs. The INCubator's array of services includes shared administrative resources, access to manufacturing and office spaces, hosting of training workshops, and utilization of a state-of- the-art Technology Conference Center. Moreover, entrepreneurs benefit from complimentary on-site business counseling provided by the Tennessee Small Business Development Center. LEADING INCUBATOR MODELS (CONTINUED) Chamber-Led Incubators The chamber incubator model is mutually beneficial. For entrepreneurs, they gain the support needed to develop ideas into viable businesses. Meanwhile, the chamber fulfills its mission of stimulating economic growth and opportunity within its community. Each successful venture that graduates from the incubator program creates local jobs and tax revenue. Here are some leading examples of chamber-led incubators. Spark DSM Minority Business Incubator The Spark DSM Minority Business Incubator program is dedicated to supporting underrepresented small and startup businesses at major events in Greater Des Moines (DSM), such as the Downtown Farmers’ Market, World Food & Music Festival, Out to Lunch, and DSM Book Festival. Its primary objective is to enhance access and foster economic growth for local small and minority-owned businesses across the DSM region. Participants gain access to year-round classes and supplemental education to further support their growth. To be eligible for the Spark DSM Program, businesses must be owned, operated, and actively managed by individuals from historically underrepresented and underserved groups, including communities of color, women, persons with disabilities, disabled veterans, or LGBTQ+. Additionally, businesses must offer locally grown or handmade items, with no resale or wholesale options accepted. Applicants for the Spark DSM Incubator program should be new to the event they are applying for and meet one of the following requirements: have been in business for two to four years, demonstrate annual sales ranging from $40,000 to $90,000, or have participated in the Evelyn K. Davis Center for Working Families small business boot camp. The Spark DSM Minority Business Program is proudly sponsored by Principal and EMC Insurance, and it collaborates with partners such as Evelyn K. Davis Center and Center at Sixth and LadyLike. 18 Thurston County Small Business Incubator The Thurston County Small Business Incubator, an initiative of the Thurston County Chamber Foundation, is committed to supporting entrepreneurs and small businesses by providing them with the necessary resources for sustainable growth and success. With a renewed focus on assisting minority micro- businesses, the incubator aims to break down barriers faced by minority entrepreneurs during the business development process. The program offers a range of support services, including access to a Diversity Caucus for peer support, assistance with business planning, start-up funding, location support, supply chain connections, and marketing and media support. Additionally, the Small Business Incubator is equipped to provide financial resources, administrative assistance, mentorship, and networking opportunities. Located in downtown Olympia, the incubator provides a well-equipped facility with multiple offices, conference rooms, a kitchen, and restrooms for businesses to conduct their operations. The amenities include reception services, video conferencing capabilities, office equipment access (fax, copier, postage, etc.), high-speed internet, and a central downtown location with convenient parking. To be eligible for the Small Business Incubator, businesses must be locally owned, possess a comprehensive business plan, and engage in full-time business operations. LEADING INCUBATOR MODELS (CONTINUED) A G L I M P SE A T LO CA L IN C U BA T O R S A N D A CC EL E R A T O RS Tampa Bay Wave Leading Tampa accelerator supporting tech and tech-enabled startups Embarc Collective A Tampa-based non-proft incubator focused on social impact ventures Soaring City Tampa-based accelerator program focused on supporting startups in the urban tech space The Greenhouse St. Pete-based co-working space and incubator Tampa Bay Startup Accelerator Intensive accelerator supporting early-stage technology startups driving economic growth InLab @ HCC Incubator program run through Hillsborough Community College's SouthShore campus with particular emphasis on life sciences, engineering, and physical sciences USF Connect University incubator leveraging the University of South Florida's resources Powerhouse Accelerator St. Pete program for women-led startups Tampa Bay Lightning Accelerator Sports tech focused program by the NHL's Lightning team 19 CURRICULUM DESIGN New capabilities become imperative to manage scale and seize expansion opportunities for growth-stage companies. The proposed curriculum addresses such business needs. Through the incubator program, growth stage ventures will develop expertise across the following crucial domains: Expanding Operations Enhancing operations is vital for meeting rising customer demand efficiently while maintaining quality standards. Companies will optimize supply chain management, manufacturing, fulfillment, and distribution processes using data and systems thinking. We will also explore strategies for opening additional operational units and locations where applicable. Advanced Financial Management With growing revenue and expenses, enhanced financial planning and controls are essential. Companies will project future capital requirements, develop financial models, and effectively utilize instruments like debt, equity, and credit facilities. We will provide support on budgeting, analysis of metrics and KPIs, and building long-term fiscal discipline. Marketing, Sales, and Customer Experience To fuel rapid growth, companies must amplify marketing efforts across both digital and traditional channels. We will help them expand sales teams strategically, optimize conversions across the customer journey, and balance acquisition with retention. Brand positioning and messaging will also be honed. Leadership and Team Development Scaling requires a capable management team. The program will guide founders on transitioning to leadership roles, hiring specialized executives, and maintaining vision and culture amidst change. Best practices for organizational design, management training, and workforce planning will be shared. Through dedicated education across these domains, growth stage companies will gain the structured knowledge needed to scale up responsibly and realize their full potential. The incubator will provide both rigorous curriculum and customized support. 20 Strategic Planning Operational Scaling Marketing and Sales Growth Building Teams Product-Market Fit Fundraising Executive Coaching Corporate Innovation Financial Management Entering New Markets Mergers and Acquisitions Optimizing Conversion Funnels Scaling Engineering Teams Growth Marketing and User Acquisition Partnerships and Channel Development Fundraising and Pitch Development Operational Excellence Management and Leadership Growth Strategy Product-Market Fit Expansion Planning GAN Accelerator GAN offers an intensive 12-week curriculum tailored specifically toward growth stage companies valued between $5-75M. The curriculum blends educational sessions, mentoring, and advising across the following topics tailored to each company's specific needs: TechStars Growth Program This TechStars program is a 13-week commitment concentrated on scaling development teams, optimizing conversions, developing partnerships, and expanding markets. The following topics are covered through a blend of workshops, mentorship, peer learning, and practical application: Strategic Planning Financial Management Sales, Marketing, and Customer Acquisition Talent and Team Operational Capacity Building Impact Measurement and Management Governance and Organizational Structure Fundraising Support Technology Solutions and IT Infrastructure Ecosystem Development Paired Mentoring in Specific Guidance Areas Hands-on Technical Assistance Programming Ecosystem Engagement and Collaboration Team and Leadership Development Operational Scaling Support Technology Acceleration Government Market Access Strategy Consulting Showcasing Opportunities Networking and Knowledge Sharing Impact Core A more involved program, Impact Core's 9-month accelerator curriculum is comprised of mentor panels, workshops, 1-on-1 engagement, and implementation planning tailored to each venture's needs and covers the following topics: Mitre Small Business Alliance Mitre's 6-month program offers a blended curriculum of workshops, hands-on advising, and network access utilizing the following curriculum outline: CURRICULUM DESIGN (CONTINUED) Models for Design The following curriculum models provide a foundation for which the tourism incubator will be designed: 21 Analyze current business performance and metrics Identify goals and KPIs for the program Develop focused growth plan Evaluating funding needs and financing options Building operational efficiency Financial forecasting and modeling Reviewing organizational structures and processes Improving productivity through systems and automation Staffing for growth and building management capacity Scaling leadership skills and team management Managing rapid change and communication Maintaining culture and vision Entering new geographic and product markets Opening additional locations or units Maintaining quality and consistency at scale Conversion rate optimization Leveraging data and testing Expanding reach through paid channels Week 1: Assessing Progress and Setting Goals Week 2: Advanced Financial Management Week 3: Scaling Operations Week 4: Expansion Planning and Execution Week 5: Advanced Digital Marketing Forging B2B partnerships and integrations Developing channel and affiliate marketing Optimizing partner and reseller relationships Cultivating ongoing investor relationships Raising growth capital Emerging technology shaping tourism Novel products, services, and business models Corporate innovation processes Preparing company for liquidity event Legal and financial considerations Integration planning and execution Refining brand identity and pillars Customer and market research Crafting marketing narratives and assets Program conclusions and reviewing progress Preparing next phase milestone goals Investor demo day Week 6: Strategic Partnerships and Investor Relations Week 7: Tourism Industry Innovation Week 8: Mergers, Acquisitions, and IPO Readiness Week 9: Brand Positioning and Messaging Week 10: Graduation and Next Stage Planning CURRICULUM DESIGN (CONTINUED) Proposed Design Here is a proposed 10-week curriculum for a tourism incubator focused on supporting more mature, growth stage companies: 22 MENTORSHIP NETWORK DESIGN Group and One-on-One Mentorship Consider offering both group mentorship sessions, where multiple businesses can learn from a mentor's insights collectively, and one- on-one sessions for more personalized guidance. Feedback Mechanism Establish a feedback mechanism for businesses to evaluate the effectiveness of mentorship interactions. Feedback from businesses will help improve the quality of mentorship and facilitate ongoing improvement. Mentor Networking Events Organize mentor networking events and gatherings, allowing mentors to share experiences, challenges, and best practices. These events foster a supportive community of mentors invested in the success of businesses. The facilitator-led mentorship network plays a pivotal role in the incubator's support structure, guiding businesses on their entrepreneurial journey, and connecting them with industry expertise. By designing a well-structured and inclusive mentorship program, the incubator can maximize the value of mentorship and contribute significantly to the success of businesses within the tourism sector. A facilitator-led mentorship network is a crucial component of the incubator's support ecosystem. It fosters a collaborative environment where experienced mentors, industry experts, and successful entrepreneurs engage with businesses, providing guidance, knowledge, and valuable insights. The design of the mentorship network should be structured and strategic to ensure that businesses receive tailored support and benefit from the collective expertise of the mentors. Here's how the facilitator-led mentorship network can be designed: Identifying Diverse Mentors Recruit a diverse group of mentors with expertise in various aspects of the tourism industry, such as marketing, technology, finance, sustainability, and hospitality. These mentors will come from different backgrounds and industries to offer a broad perspective to growth stage businesses. Facilitator Selection Appoint facilitators who have experience in managing mentorship programs and can effectively match businesses with suitable mentors based on their needs and goals. Facilitators will act as the bridge between businesses and mentors, ensuring productive interactions and setting clear expectations. Business-Mentor Matching Process Develop a structured process for matching businesses with mentors. Before matching, facilitators should conduct intake interviews with businesses to understand their specific challenges, objectives, and growth stages. Based on this information, businesses are matched with mentors who possess relevant experience and skills. 23 ELIGIBILITY AND INTAKE Eligibility Requirements The eligibility requirements for the incubator's intake process are designed to identify and support businesses with the potential to drive innovation and growth within the tourism industry. The criteria are carefully crafted to ensure that selected businesses align with the incubator's mission and have the capacity to benefit from the resources and support offered. The following are the typical eligibility requirements for the incubator's intake process: Tourism Focus: Businesses must have a clear focus on the tourism industry, with innovative products, services, or solutions that cater to the needs of travelers, businesses, or destinations within the tourism sector. Sustainability Orientation: The incubator places a strong emphasis on sustainability. Businesses should integrate sustainable practices into their business models and operations, contributing to responsible tourism. Priority will be given to ecotourism businesses. Founder Commitment: Founders must exhibit a high level of commitment to their business's success and be willing to actively participate in the incubation program, attending workshops, mentorship sessions, and networking events. Team Composition: The incubator values diverse and complementary teams. Businesses with a cohesive team possessing the necessary skills, expertise, and industry knowledge are highly favored. Potential Impact: The incubator assesses the potential impact of businesses on the tourism industry, local communities, and the environment. Businesses that have the potential to create positive change and generate substantial value will be given priority. Legal and Ethical Compliance: Businesses must demonstrate adherence to legal and ethical standards and possess the necessary licenses and permits required for their business operations. Coachability and Openness: Founders should be coachable, receptive to feedback, and open to learning and collaboration with mentors and expert advisors. Scalability: Businesses should have the potential for scalability beyond the local market, contributing to regional or global tourism impact. The incubator's selection process will evaluate applications based on these eligibility requirements. Businesses meeting the criteria will be invited to participate in further evaluation rounds, which may include interviews, pitching sessions, and due diligence assessments to ensure the best fit for the incubator's program. 24 Intake Process Application Review Businesses submit their applications through a standardized online portal. The incubator's management team and a panel of expert evaluators review the applications based on the eligibility requirements and evaluation criteria. Initial Screening The management team conducts an initial screening to shortlist promising applicants. Businesses that do not meet the eligibility requirements or show insufficient alignment with the incubator's focus may be notified of their non-selection at this stage. Interview and Due Diligence Shortlisted businesses are invited for interviews with the management team and potential expert advisors. The interviews provide an opportunity for businesses to present their plans and vision. Due diligence is conducted to verify the information provided in the applications. Pitch Session Selected businesses are invited to a pitch session where they present to a broader panel of mentors, investors, and industry experts. This session allows the panel to gain a deeper understanding of the business's growth potential. Selection and Offer After the pitch session, the management team and panelists convene to make final selections. Businesses that demonstrate strong potential, innovation, and alignment with the incubator's mission are extended offers to join the incubator's program. Intake Overview Our rigorous, multi-step intake process evaluates applicants through surveys, interviews, plan reviews, and references to identify ventures well-positioned for incubation. It provides insights on applicants' strengths, needs, and alignment to select participants able to leverage program resources. We only accept dedicated applicants with growth potential who will contribute to a collaborative cohort, as selective intake is key to achieving future business success and community impact. ELIGIBILITY AND INTAKE (CONTINUED) Acceptance Agreement Once a business accepts the offer to join the incubator, an acceptance agreement is signed, outlining the terms and conditions of the incubation program, including any equity stakes*, membership fees*, intellectual property rights*, confidentiality, and the expected commitments from both the incubator and the business (*if/when applicable). Onboarding and Orientation Accepted businesses undergo an onboarding process that familiarizes them with the incubator's resources, mentors, advisors, and facilities. An orientation session introduces businesses to the incubation program's structure, milestones, and support services. Tailored Incubation Plan Each accepted business is provided with a tailored incubation plan, outlining specific milestones, deliverables, and support activities to be carried out during the incubation period. Commencement of Incubation With the onboarding and orientation completed, the incubation journey begins. Businesses access the full range of resources, mentorship, and support services offered by the incubator. The intake acceptance process is designed to foster a positive and collaborative relationship between the incubator and the businesses. Transparent communication, timely feedback, and a structured approach help create a supportive environment for businesses to flourish and maximize their potential for success within the incubation program. 25 TARGET MARKET The incubator targets a diverse range of stakeholders within the tourism industry, focusing on fostering innovation and growth across the sector. The primary target market includes: Tourism Businesses The incubator aims to attract and support growth stage tourism businesses with innovative ideas and scalable business models. These businesses may operate in various sub-sectors of tourism, including but not limited to ecotourism and other sustainable tourism practices, destination marketing, travel technology, hospitality solutions, experiential tourism, and niche travel experiences. Entrepreneurs and Founders The incubator seeks to engage passionate and ambitious entrepreneurs and founders who are committed to disrupting the status quo of the tourism industry. Whether they are seasoned professionals with industry experience or newcomers with fresh perspectives, the incubator welcomes visionary individuals ready to drive positive change in the sector. Innovators and Technology Enthusiasts The incubator appeals to individuals and teams with innovative ideas, like those leveraging cutting-edge technologies such as artificial intelligence, virtual reality, augmented reality, and IoT to enhance tourism, and specifically ecotourism experiences. Sustainable Tourism Advocates The incubator actively seeks businesses that are dedicated to promoting responsible and sustainable tourism practices. Ventures that prioritize environmental conservation, support local communities, and prioritize ethical business practices are highly encouraged to participate. Tampa Bay earned the #6 spot for Most Cost-Friendly Business Locations Among Large U.S. Cities, outranking Dallas, Cleveland, and Boston. K E Y F I N D I N G S Tampa Bay provides access to 33 million consumers within an 8 hour drive. Tampa Bay boasts non-stop air service to over 80 domestic and international destinations. "Invest in Tampa Bay - Business Climate." Global Tampa Bay. 2023. https://www.globaltampabay.com/invest-in-tampa-bay/i-business- climate.php#target. 1 1 26 Outreach and Selection The application will be open and accessible to all eligible companies with targeted outreach conducted for underrepresented groups like women, people of color, people with disabilities, and LGBTQIA+ entrepreneurs. The selection committee will be diverse itself and trained on avoiding unconscious bias. Selection criteria will focus on the strength of the business and growth potential; however, if needed, additional business training may be provided to otherwise promising applicants who lack experience or resources. A diverse range of business models and tourism sectors will be considered with tech-focused or luxury travel companies only comprising a portion of participants. Selection will aim to reflect the diversity of travelers served. TARGET MARKET (CONTINUED) Company Selection Approach Our tourism incubator aims to nurture new and innovative tourism ventures in an inclusive and equitable environment. We believe that diversity drives innovation, and we are committed to selecting a diverse cohort of entrepreneurs to participate in the program. A portion of spots may be reserved for applications from disadvantaged backgrounds. Some flexibility on standard eligibility criteria will ensure the program remains accessible to entrepreneurs from a variety of backgrounds. Continued Review We believe that a single, limited effort towards diversity, equity and inclusion is insufficient. A “one-and-done” approach fails to create lasting, systemic change. Addressing complex social issues requires an ongoing commitment across all aspects of our organization and programming. As such, we commit to providing mentors and guest speakers that come from a variety of backgrounds to provide diverse perspectives. Peer support systems will foster inclusion, and ongoing monitoring during the program will identify any bias emerging in access to opportunities/resources and address it promptly. White 71.4% Hispanic or Latino 10.7% Black or African American 9.5% Two or More Races 4.1% Asian 3.5% D E M O GR AP H IC M AK E U P O F PI N E LLA S CO U N T Y Nearly 15% of Pinellas County's population speaks a language other than English at home. 959,107 residents make Pinellas County the 7th most populous in the state. Females constitute 52% of the population, with males making up the remaining 48%. The average age of a citizen in Pinellas is 43. Florida Department of Economic Opportunity. "Pinellas County Economic Overview." June 2023. http://edr.state.fl.us/content/area-profiles/county/pinellas.pdf. 2 Pinellas County Government. "Fast Facts About Pinellas County." 2023. https://pinellas.gov/about-pinellas- facts/#:~:text=2020%20Census%20Population&text=Females%20constitut e%2052%25%20of%20the,citizen%20in%20Pinellas%20is%2043. 3 2 2 3 3 3 27 IDEAL BUSINESSES Sustainable Accommodation Providers Businesses dedicated to eco-friendly and sustainable accommodation solutions, such as green hotels, eco-lodges, and alternative lodging experiences that promote responsible tourism. Experiential Travel Providers Businesses that offer unique and immersive travel experiences, catering to the growing demand for personalized and off-the-beaten- path adventures. Destination Marketing Innovators Businesses that focus on revolutionizing destination marketing through creative campaigns, data-driven insights, and digital strategies to attract a wider audience of travelers. Travel Technology Solutions Businesses operating innovative technologies that streamline travel planning, booking, and experiences for tourists, enabling seamless and personalized interactions. Community-Based Tourism Initiatives Businesses that empower local communities by integrating them into the tourism value chain, promoting cultural exchange and economic development. Tourism Data Analytics Businesses leveraging data analytics and AI to provide insights into traveler behavior, preferences, and trends, enabling businesses to optimize their offerings and marketing strategies. Transportation Innovations Businesses focused on transforming transportation within the tourism industry, such as electric mobility solutions, smart transportation platforms, or sustainable transportation services. Cultural and Heritage Preservation Businesses that aim to preserve and promote cultural heritage and historical sites, fostering sustainable tourism that respects and celebrates local cultures. Social Impact Tourism Businesses with a strong focus on social impact, supporting community development, and addressing societal challenges through tourism activities. Accessibility and Inclusivity Businesses that address the needs of travelers with disabilities or specific requirements, making tourism accessible and inclusive for all. The ideal businesses chosen for the incubator will showcase the potential to disrupt the tourism industry positively, create a significant impact, and align with the values of sustainability, innovation, and responsible tourism. By nurturing such businesses, the incubator aims to contribute to the overall growth and advancement of the tourism sector, benefiting both travelers and the communities they visit. The incubator is keen on identifying and nurturing businesses that align with its vision of transforming the tourism industry. Ideal business applicants include, but are not limited to: 28 The Beach Go-Er: those who chose Pinellas County because of the beach offerings The Arts & Culture Visitor: those who chose Pinellas County because of the arts and culture offerings The Affluent Visitor: visitors who reported an annual household income of $150,000+ The Family Traveler: visitors who were traveling with children under the age of 18 Dining in restaurants (79.6%) Visiting the beach (74.3%) Shopping (54.7%) Visiting friends or family (32.9%) Swimming (31.5%) In Visit St. Pete/Clearwater's 2022 Visitor Report, they broke down the region's tourist groups into four main categories: Of all four groups, "Scenic Beauty" was deemed a top-three factor important to visitors when selecting a destination decision whereas "Attractions in the Area" made the list for all but The Affluent Visitor. The study notes that over 55% of visitors choose St. Pete/Clearwater purely for a vacation destination while nearly 22% visited due to friends or family residing in the area. Of all respondents, the top five activities engaged in while vacationing are as follows: Other notable mentions include visiting museums, photography, and guided tours. TOURISM PROFILE Tourists are at the heart of any tourism business. Understanding who they are, where they come from, their motivations for travel, and what experiences they seek is critical for developing a successful tourism incubator. This profile will provide key insights into tourists that can inform strategies to attract and serve them. D E M OG RA P HI C M A K E U P OF P I N EL L AS T OU RI ST S Mean age 48.9 years Mean household income $106,635 Children Under 18 17.4% Ethnicity White, 85.2% Black, 5.2% Latino, 4.6% Asian, 1.6% Other, 2.1% Heterosexual 84.2% LGBTQ+ 2.3% Other 10.6% Visit St. Pete/Clearwater Partners. "Visit St. Pete/Clearwater 2022 Calendar Year Report of Findings." March 17, 2023. https://partners.visitstpeteclearwater.com/sites/default/files/v isit_st._pete_clearwater_2022_calendar_year_report_of_findin gs_3-17-23.pdf. 1 1 29 Partnerships Pursue partnerships with local tourism associations, convention and visitors bureaus, accelerators, academic institutions, corporations, and related incubators. Offer cross-promotion of events, content sharing, and other arrangements. Investor Networking Events Host pitch events and demo days as a part of the core programming to showcase members to prospective investors and partners. Grand Opening Event Host a launch party and open house to introduce the incubator to the local community. Invite businesses, mentors, government officials, partners, and media. MARKETING STRATEGY 30 Positioning The incubator will be positioned as the leading resource for scaling innovative tourism businesses in Clearwater. It will be known for its strong network, hands-on support, and ability to connect businesses with investors and strategic partners. Brand Personality The incubator brand will embody the innovative, entrepreneurial spirit of Clearwater. It will feel approachable, collaborative, and insightful. Website Create a website profiling the incubator's offerings, community, and successes. Optimize for keywords like "tourism incubator" and "Clearwater tourism businesses." Social Media Launch accounts on LinkedIn, Facebook, Instagram and Twitter. Post relevant industry news, business highlights, and incubator updates. Use hashtags like #clearwatertourism to expand reach. PR Outreach Contact local publications and industry trade journals, such as St. Pete Catalyst, to announce the incubator's launch and pitch ongoing news stories. Email Marketing Collect emails through website signups and interactions. Send regular newsletters with incubator and business news. S U CC E SS M E T RI C S Attract at least 10 companies to join the incubator in the first year Establish the incubator as the go-to resource for tourism entrepreneurs in Clearwater and surrounding areas Generate buzz and name recognition for the incubator through strategic partnerships and PR Facilitate connections between businesses and investors/partners to help companies grow Growth of website traffic, social media followers and engagement, and email list The strategy focuses on attracting and nurturing a vibrant community of businesses, investors, mentors, and partners who will collaborate to grow innovative tourism businesses in Clearwater. MARKETING STRATEGY (CONTINUED) Tourism-specific partners, such as Clearwater Marine Aquarium Education and Workforce Development partners, such as St. Petersburg College Sustainability partners, such as Keep Pinellas Beautiful, Ocean Allies, Tampa Bay Wave, and the Sierra Club Here are some of the categories of strategic partners, along with specific local examples: Strategic Partnerships Our tourism incubator aims to establish strong strategic partnerships with major companies and organizations in the region. These mutually beneficial partnerships can provide critical support and resources to help our incubator nurture success. P OTE N T I A L CO R PO RA T E P A R T N E R S Jabil Previous support to Great Explorations Children's Museum, Suncoasters Boat Show Tampa Bay Rays Baseball Foundation Previous support to Childs Park YMCA Regions Bank Previous support to Tampa Bay Black Heritage Festival, Holocaust Museum TIAA Bank Transamerica Nielsen Previous support to Tampa Bay Wave Moffitt Publix Savory Group Holdings TradeWinds Island Resorts St. Petersburg College John Hopkins All Children's Hospital St. Pete-Clearwater International Airport Spectrum Tampa Bay Times TECO Peoples Gas Previous support to Soaring City 31 Destination Marketing Organizations Visit St. Pete/Clearwater and Visit Tampa Bay both serve as the official marketing organizations for their regions focused on promoting the area and attracting visitors. Chambers of Commerce Other local chambers include St. Pete Chamber, Tampa Bay Beaches Chamber, Tampa Bay Chamber, and Ybor City Chamber. All are advocates for local businesses with experience supporting the hospitality and tourism industry. Industry Organizations The Florida Restaurant & Lodging Association (FRLA), specifically the Pinellas County chapter, serves as an industry trade group for restaurants, hotels, attractions, and other tourism-related businesses. Sporting Event Organizers While specific foundations have already been mentioned, event organizers, including the Philadelphia Phillies, Valspar Championship, Tampa Bay Rays, Tampa Bay Rowdies, ReliaQuest Bowl, Tampa Bay Buccaneers, and Tampa Bay Lightning are great resources for local partnerships. Local Municipalities All 24 Pinellas County municipalities will play a role in raising awareness for, and encourage participation in our program among their hyper- local business community. Local Attractions Major draws like Clearwater Marine Aquarium, Busch Gardens, ZooTampa, Tampa Museum of Art, and more promote increased tourism and provide unique opportunities for partnership. Hotels and Resorts Signature Clearwater properties like the Sandpearl Resort, Winter the Dolphin's Beach Club, and East Shore Resort all have a stake in growing visitation. Visitor Centers With over a dozen Visitor Centers in the Tampa Bay area, there is an incredible opportunity to create visibility for our program among those who will benefit from it directly. Events and Conventions Hosts of events and conferences that draw in large crowds, such as the Pier 60 Sugar Sand Festival, Clearwater Jazz Holiday, and Firestone Grand Prix also have an interest in increased tourism and partnership. MARKETING STRATEGY (CONTINUED) Tourism Support Organizations In addition to corporate partnerships, the region also hosts a wealth of organizations that specifically support, fuel, and promote tourism activity across Tampa Bay. 32 OPERATIONS & INFRASTRUCTURE The successful implementation of the incubator relies on robust operations and a well-structured infrastructure to create an environment that nurtures tourism businesses effectively. The following section outlines the key aspects of the incubator's operations and the physical and virtual infrastructure that supports its activities. The incubator operates from AMPLIFY Clearwater's state-of-the-art facility strategically located in close proximity to tourism hubs and industry stakeholders. The workspace is designed to foster creativity, collaboration, and innovation, providing businesses with a comfortable and inspiring environment to work and grow their businesses. The facility includes dedicated office spaces, meeting rooms, event spaces, and common areas that encourage networking and idea exchange among entrepreneurs and mentors. FACILITY AND WORKSPACE Economic Impact Catalyst's platform, Startup Space, can streamline operations and administration for our tourism incubator through its comprehensive software solution. Features like application and intake management will simplify processing businesses into the program. The platform's structured curriculum and content management tools will facilitate planning and running educational sessions. Startup Space also provides tools for tracking mentorship, collaborations, and overall participant engagement. Automated reporting and analytics will give our team data-driven insights to evaluate ventures and the program overall. We can also leverage Startup Space to showcase participant businesses to potential partners or investors through profiles and pitch decks. TECHNOLOGY INFRASTRUCTURE 33 With robust community-building features, Startup Space will help cultivate meaningful connections and knowledge sharing among ventures in our incubator cohort. This collaborative virtual environment will complement the in-person experience. Overall, the centralized platform handles key incubator operations, maximizes visibility into venture progress, and enhances the participant experience—enabling our team to focus on high-value strategic support for our tourism businesses. The technology provides the infrastructure to effectively manage and nurture our incubator program. OPERATIONS & INFRASTRUCTURE (CONTINUED) The incubator is committed to promoting sustainable practices within its operations. This includes implementing environmentally friendly policies such as waste reduction, energy efficiency, and promoting the use of sustainable materials. Additionally, the incubator encourages businesses to integrate sustainability into their business models and operations, fostering a culture of responsible tourism. SUSTAINABLE PRACTICES Operations within the incubator are driven by data analysis and performance metrics. The incubator tracks the progress and impact of businesses throughout their incubation journey, enabling continuous improvement and informed decision-making. The cohesive integration of operations and infrastructure within the incubator creates an ecosystem that nurtures the growth of tourism businesses, empowers entrepreneurship, and fosters innovation in the tourism industry. Through these well-designed processes and supportive environments, the incubator aims to unlock the full potential of the tourism sector and drive positive change in the global travel landscape. DATA-DRIVEN APPROACH The incubator establishes a structured mentorship and coaching framework, bringing together experienced mentors and industry experts to guide and support businesses. Mentors, with expertise in the tourism industry and entrepreneurship, are assigned to each business based on their specific needs and goals. Regular one-on- one sessions, group workshops, and industry-specific panel discussions provide businesses with valuable insights and guidance. MENTORSHIP AND COACHING FRAMEWORK To foster a collaborative ecosystem, the incubator organizes networking events, industry meetups, and pitching sessions. These events offer businesses the opportunity to interact with potential investors, industry stakeholders, and other businesses. Partnering with tourism organizations and industry conferences, the incubator enables businesses to showcase their innovations and gain exposure. NETWORKING AND COLLABORATION 34 A dedicated administrative team manages day-to-day operations and provides logistical support to businesses. This team ensures smooth functioning of the facility, organizes events and workshops, handles paperwork, and assists businesses with administrative tasks, allowing companies to focus on their core business activities. ADMINISTRATIVE SUPPORT The incubator operates on a well-defined program management approach, guiding businesses through different phases of the incubation process. Each business undergoes a tailored program that includes milestones, benchmarks, and objectives. Regular progress assessments and feedback sessions ensure that businesses stay on track and make steady progress toward their goals. PROGRAM MANAGEMENT FINANCIAL PLAN The financial plan of the incubator outlines the financial projections, funding strategy, and revenue model that will sustain the incubator's operations and enable it to deliver high-quality services to businesses. The plan demonstrates the viability of the incubator's business model, highlighting its potential for sustainable growth and long-term impact. INCUBATOR COSTS Startup costs can be divided into two categories: initial costs (first 90 days) and ongoing operating expenses (first 12 months.) Initial costs cover the initial research, planning, branding, outreach, programming development, and ramp-up activities needed to launch the tourism incubator. Ongoing operating expenses will be in addition to these startup costs. The budget can be refined as the incubator takes shape. DEFINED STARTUP COSTS VALUE Initial Program Development $25,000 Initial Program Management $25,000 Initial Fundraising $25,000 Initial Technology $10,000 Initial Program Staff $15,000 Initial Marketing $20,000 Initial Events $20,000 Initial Office Supplies and Miscellaneous Expenses $10,000 INITIAL COSTS SUBTOTAL $150,000 ONGOING EXPENSES SUBTOTAL $100,000 TOTAL STARTUP EXPENSES $250,000 35 Federal, State and Local Grants Philanthropic Donations Corporate Sponsorships Membership Fees/Co-working Access Fees Fundraising Events The incubator will generate revenue primarily from these sources: REVENUE MODEL Grants and Donations: $250,000 Membership Fees/Co-working Access Fees: $25,000 Fundraising Events: $15,000 Other Income: $5,000 Total Revenues: $295,000 Salaries and Wages: $150,000 Rent and Utilities: $30,000 Office Supplies: $5,000 Marketing and Outreach: $10,000 Program Expenses: $80,000 (includes small business awards) Fundraising Expenses: $15,000 Miscellaneous: $5,000 Total Expenses: $295,000 This is a tentative financial model based on fundraising and other factors that will eventually determine the financial statements and projections. Revenues: Expenses: Net Income (Loss): Total Revenues - Total Expenses: $295,000 - $295,000 = $0 (revenue neutral) ONGOING OPERATING PROFIT AND LOSS - PROJECTIONS FINANCIAL PLAN (CONTINUED) 36 FUNDRAISING STRATEGY Establishing Founding Partnerships The incubator will solidify its founding partnerships with AMPLIFY Clearwater and Economic Impact Catalyst. These partnerships will serve as the foundation for initial financial support, in-kind resources, and expertise to establish the incubator and launch its operations. Pursuing Grants and Sponsorships The incubator will actively seek grants and sponsorships from governmental bodies, tourism boards, and other public institutions that are invested in promoting tourism innovation, economic growth, and sustainable practices. The management team will proactively identify and apply for relevant grant opportunities aligned with the incubator's mission. Engaging Private Sector Partnerships Collaborations with private companies, industry stakeholders, and corporate sponsors will be pursued to secure financial contributions, sponsorships, and in-kind support. The incubator will demonstrate how these partnerships will yield mutual benefits, such as exposure to innovative businesses and potential access to new technologies and ideas. Attracting Angel Investors and Venture Capitalists To support growth stage tourism businesses, the incubator will seek investments from angel investors and venture capitalists with an interest in the tourism industry. The strategy will highlight the potential for businesses to disrupt the tourism sector and attract tourists through innovative solutions. The fundraising strategy of the incubator is designed to secure the financial resources needed to support its mission of fostering tourism innovation and sustainable growth. The strategy encompasses a comprehensive and diverse approach that leverages various funding sources and partnerships. By implementing this multifaceted fundraising strategy, the incubator aims to secure the financial resources necessary to support businesses, drive innovation, and make a positive and lasting impact on the tourism industry while promoting sustainable practices. Crafting Tailored Funding Pitches Each funding source will receive tailored pitches that address their specific interests, values, and objectives. The incubator will articulate its unique value proposition, demonstrating how it addresses the needs and goals of potential funders. Leveraging Online Fundraising Platforms The incubator founders will utilize online crowdfunding platforms and donation campaigns to attract contributions from a broad audience of individuals who support the mission of fostering innovation and sustainable tourism practices. Hosting Fundraising Events The incubator founders will organize fundraising events such as networking galas, pitch competitions, and industry conferences. These events will not only raise funds but also create opportunities to engage with potential partners and supporters. Exploring Co-Funding Opportunities Partnering with other organizations, universities, and research institutions can lead to co-funding opportunities, expanding the pool of potential supporters and investors. Ensuring Long-Term Sustainability In addition to fundraising efforts, the incubator will develop revenue streams to ensure long-term sustainability. This may include equity stakes in businesses, membership fees, and success fees from businesses that achieve significant milestones. 37 LEGAL & REGULATORY CONSIDERATIONS The incubator recognizes the importance of complying with legal and regulatory requirements to ensure the smooth operation of the incubator and the businesses it supports. This section outlines the key legal and regulatory considerations that the incubator will address to maintain legal compliance and protect the interests of all stakeholders involved. Business Structure and Entity Formation The incubator will carefully consider the most suitable legal structure for its operation, such as a non-profit organization, a for-profit entity, or a public-private partnership. The chosen business structure will align with the mission of the incubator and comply with relevant laws and regulations for its establishment. Contracts and Agreements Clear and comprehensive contracts and agreements will be drafted for various stakeholders, including businesses, mentors, expert advisors, partners, and investors. These agreements will define the terms of engagement, intellectual property rights, equity stakes, confidentiality, and other critical aspects to protect the interests of all parties involved. Intellectual Property (IP) Protection The incubator will establish protocols to safeguard intellectual property rights. Businesses will be encouraged to protect their innovations through patents, trademarks, or copyrights. The incubator will also have clear policies to handle IP issues and ensure that confidential information is appropriately secured. Data Privacy and Security The incubator will comply with data privacy laws and implement robust data security measures to protect the personal and financial information of businesses, mentors, and partners. Adequate safeguards will be put in place to prevent data breaches and ensure responsible data handling. Employment and Labor Laws The incubator will comply with all applicable employment and labor laws, including hiring practices, wage regulations, workplace safety, and employee benefits. The hiring of staff and contractors will be conducted in adherence to local labor regulations. Compliance with Tourism Regulations As the incubator operates within the tourism industry, it will ensure compliance with relevant tourism regulations, licensing requirements, and industry-specific standards. Businesses will be guided to understand and comply with any tourism-related laws that govern their operations. Financial and Tax Compliance The incubator will maintain accurate financial records and comply with tax regulations. Transparent financial reporting and adherence to tax requirements will be a priority to maintain credibility with stakeholders. Risk Management and Insurance A comprehensive risk management strategy will be in place to identify and mitigate potential risks associated with the operation of the incubator. Adequate insurance coverage will be obtained to protect the incubator and its stakeholders from unforeseen liabilities. Ethical Guidelines The incubator will adopt a code of ethics and business conduct to ensure that all stakeholders uphold the highest standards of professionalism, integrity, and transparency in their interactions and decision-making processes. Compliance Monitoring The management team will regularly monitor changes in relevant laws and regulations to ensure ongoing compliance. The incubator will promptly update its policies and procedures to reflect any legal developments. 38 RISKS & MITIGATION Market Risk Risk: The tourism industry is susceptible to fluctuations influenced by factors such as geopolitical events, economic downturns, natural disasters, and changes in travel trends. Mitigation: The incubator will promote diversification of businesses, encouraging innovations across various tourism sub-sectors. By supporting businesses with adaptable models, the incubator can reduce dependency on specific segments and enhance resilience against market risks. Funding Risk Risk: Securing adequate funding to sustain the incubator's operations may pose a challenge, especially during economic downturns or if anticipated sponsorships and grants are delayed or not obtained. Mitigation: The incubator will maintain a diverse funding strategy, leveraging contributions from partners, grants, sponsorships, and potentially revenue from equity stakes. Continuous efforts will be made to expand the network of investors and supporters to ensure financial stability. Business Success Risk Risk: Not all businesses may achieve desired levels of growth and success, leading to a potential impact on the incubator's reputation and long-term sustainability. Mitigation: Rigorous screening and selection criteria will be employed to identify businesses with strong potential for success. The incubator will offer robust mentorship, support, and resources to nurture businesses throughout the incubation period, increasing the likelihood of their success. While the incubator holds great potential to drive tourism innovation and economic growth, it also faces certain risks that could impact its success. This section outlines the key risks the incubator may encounter and the strategies to mitigate them effectively Regulatory Compliance Risk Risk: The incubator must comply with various legal and regulatory requirements, including data privacy, intellectual property, labor laws, and tax regulations. Failure to do so could result in legal challenges and reputational damage. Mitigation: The incubator will employ legal experts to ensure compliance with all relevant laws and regulations. Regular audits and reviews will be conducted to identify and address any potential compliance gaps proactively. Resource Constraints Risk: Resource limitations, such as staff capacity, facility constraints, and technology inadequacies, may hinder the incubator's ability to support businesses effectively. Mitigation: The incubator will regularly assess its resource needs and make strategic investments to enhance infrastructure and staff capacity. Collaborations with external partners and stakeholders can provide additional resources to expand services. Intellectual Property (IP) Challenges Risk: Intellectual property disputes or claims from businesses, mentors, or third parties may arise, leading to legal complexities and potential conflicts. Mitigation: The incubator will implement robust IP policies and agreements from the outset to clarify ownership and usage rights. Businesses will be educated on the importance of protecting their IP, and mentoring will include guidance on IP best practices. 39 Talent Attraction and Retention Risk: Attracting and retaining experienced mentors, expert advisors, and skilled staff members may prove challenging, especially in a competitive market. Mitigation: The incubator will offer competitive compensation packages, professional development opportunities, and a supportive work environment to attract and retain top talent. Building a strong community of mentors and advisors will be prioritized to ensure a diverse pool of expertise. Reputation Risk Risk: Negative publicity or public perception challenges could impact the incubator's reputation and hinder its ability to attract gr, investors, and partners. Mitigation: Transparency, ethical conduct, and effective communication will be integral to the incubator's operations. Engaging in responsible and impactful initiatives will contribute to building a positive brand image. Global Economic Uncertainty Risk: Economic uncertainties, such as recessions or global financial crises, may affect the funding landscape, investor sentiment, and business viability. Mitigation: The incubator will stay agile and adapt its programs and support strategies to align with prevailing economic conditions. Diversifying funding sources and fostering collaborations with organizations dedicated to long-term sustainable development can enhance stability. By proactively identifying and mitigating these risks, the incubator will fortify its resilience, ensuring the sustained success of both the incubator itself and the businesses it nurtures. Regular risk assessments and mitigation strategies will remain integral components of the incubator's operations, fostering a secure and supportive ecosystem for innovation and sustainable growth within the tourism industry. RISKS & MITIGATION (CONTINUED) 40 EVALUATION & SUCCESS METRICS The incubator is committed to measuring its impact, assessing the progress of businesses, and continuously improving its services. The Evaluation and Success Metrics section outlines the key performance indicators (KPIs) and evaluation methods used to gauge the effectiveness of the incubator's initiatives and the achievements of the businesses it supports. Business Growth and Success: The primary KPI is the growth and success of businesses within the incubator. Metrics such as revenue growth, customer acquisition, funding raised, market traction, and economic impact will be tracked to evaluate the overall performance of the incubated businesses. Sustainability and Ecotourism: The adoption of sustainable practices by businesses, such as carbon footprint reduction, eco-friendly initiatives, and community engagement, will be monitored to assess the incubator's impact on fostering responsible tourism. In addition, metrics will be tracked to evaluate the incubator's influence on tourism on a local, regional, and national scale with a goal of becoming the national leader for tourism. Regional Investment: The incubator will measure the amount if direct investments from local, regional, and national sources to improve tourism innovation in the region and fuel sustainable practices and ectourism. Improving the Ecosystem: The number of successful partnerships formed between businesses, the incubator, and external stakeholders, industry collaborations, and networking opportunities facilitated by the incubator will be measured. Business Survival Rate: The percentage of businesses that successfully graduate from the incubator and continue operating and growing in the market will be an indicator of the incubator's support and effectiveness in nurturing sustainable companies. Regular Progress Reports: Businesses will provide regular progress reports detailing key performance metrics, milestones achieved, and challenges faced. These reports will facilitate ongoing evaluation and identify areas for improvement. Mentor Feedback: Mentors and expert advisors will provide feedback on the growth and development of businesses, providing valuable insights into the effectiveness of the mentorship and coaching program. Post-Incubation Follow-up: The incubator will maintain post-incubation relationships with graduated businesses to track their progress and measure their success beyond the incubation period. Quantitative and Qualitative Analysis: Both quantitative data, such as revenue figures and funding raised, and qualitative data, including testimonials and success stories from businesses, mentors, and partners, will be used for a comprehensive evaluation. KEY PERFORMANCE INDICATORS (KPIS) EVALUATION METHODS 41 EVALUATION & SUCCESS METRICS (CONTINUED) The data and insights gathered from evaluations will be used to make informed decisions and drive continuous improvement within the incubator. Regular reviews of the incubator's programs, services, and operations will ensure that the incubator remains responsive to the evolving needs of businesses and the tourism industry. By utilizing these evaluation methods and success metrics, the incubator aims to demonstrate its impact, effectiveness, and value in fostering tourism innovation, supporting sustainable practices, and contributing to the growth and success of businesses within the tourism sector. The iterative improvement process will enable the incubator to deliver ever- increasing value to businesses, investors, and the wider tourism community. CONTINUOUS IMPROVEMENTS 42 TIMELINE Present to Clearwater City Council August 17th, 2023 Cohort 1 Graduation December 15th, 2023 October 2nd, 2023 Cohort 1 Launch April 15th, 2024 Cohort 2 Launch 43 AMPLIFY Clearwater will provide periodic updates to the City Council on the progress of the incubator, along with highlights of local businesses that graduate from the cohorts, and the impact from the incubator on the local economy. This will include invitations to key showcase events where current cohort and alumni participants will share progress on their ventures and development. MILESTONES ONGOING UPDATES ON PROGRESS FOR MOREFOR MORE INFORMATIONINFORMATION AMPLIFY Clearwater Amanda Payne amanda@amplifyclearwater.com Economic Impact Catalyst David Ponraj davidponraj@eicatalyst.com Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 23-11 Agenda Date: 8/17/2023 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve a street name change from Wistful Vista Drive to Chabad Drive and adopt Resolution 23-11. SUMMARY: Tabacinic Chabad Center (Chabad of Clearwater) requested a street name change. The current street name is Wistful Vista Drive; the requested future name is Chabad Drive. Pinellas County Safety & Emergency Services on June 6, 2023, approved this name change. Chabad of Clearwater is the only property or person using Wistful Vista Drive for business. Pinellas County and USPS confirmed no other entity uses the Wistful Vista Drive address. No city utilities will be affected by this street name change. City staff have reviewed and approved this request. Page 1 City of Clearwater Printed on 8/15/2023 [GM18-1313-115/224718/1]Resolution No. 18- RESOLUTION NO. 23-11 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, RENAMING THE STREET WISTFUL VISTA DRIVE TO NOW “CHABAD DRIVE”. FROM THE S/W CORNER OF S. BELCHER ROAD AND BELLEAIR ROAD, DUE NORTH TO THE EAST ENTRANCE OF WISTFUL VISTA DRIVE ENDING THE ADJACENT PARKING AREA SIGNAGE. AS SUCH WITHIN THE CITY LIMITS OF CLEARWATER PURSUANT TO SECTION 28.02, CITY OF CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (“City”) received a request from Tabacinic Chabad Center to rename Wistful Vista Drive to Chabad Drive being the only affected landowner. WHEREAS, the City has confirmed no contesting Parties to this street name change. WHEREAS, without opposition, the City Engineer is amenable to re-naming Wistful Vista Drive to now “Chabad Drive”; now therefore BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: That certain connecting drive from the s/w corner of S. Belcher Road and Belleair Road, due north to the east entrance of Wistful Vista Drive ending the adjacent parking area signage. As such within the City Limits of Clearwater, as more specifically depicted in Exhibit “A”, attached hereto and incorporated herein, is hereby named “Chabad Drive”. SECTION 2: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of ________, 2023. Approved as to form: _______________________ Jerrod Simpson Senior Assistant City Attorney ________________________ Brian J. Aungst, Sr. Mayor Attest: _________________________ Rosemarie Call City Clerk Exhibit "A" Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0979 Agenda Date: 8/17/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve issuing customer credits/refunds for recycling service charges for the period of July 2022 through December 2022. SUMMARY: At the January 30, 2023, Council Work Session, Interim Solid Waste/Recycling Director Micah Maxwell presented a Recycling Program Update in response to the findings that collected material from the city’s single stream recycling program were not being disposed of as a recyclable commodity. As part of that presentation, staff provided projected credit amounts for solid waste customers who were charged a recycling service fee for the six-month period of July 2022 through December 2022. Staff is recommending any approved credit be issued in the form of a customer fee adjustment applied to future charges. A credit of all collected recycling charges for residential, multifamily, and commercial customer accounts would result in a total adjustment of $1,123,417.91, and a projected credit of $20.28 per residential customer. Credit amounts for multifamily and commercial customer accounts would be calculated individually, subject to the level of service that is provided by the city. Additionally, credit projections exclude required transfers by council policy including PILOT payments. Additionally, projected refund amounts for each partner municipality that received recycling services from the city were calculated for the six-month period of July 2022 through December 2022 as follows: A refund for all collected recycling charges for the Town of Belleair would result in a total adjustment of $14,120.42, which excludes collection costs for curbside solid waste service that was provided by the city. As of June 2, 2023, Town of Belleair stopped using City of Clearwater Solid Waste/Recycling services. A refund for all collected recycling charges for the City of Safety Harbor would result in a total adjustment of $62,925.63. As of March 24, 2023, City of Safety Harbor stopped using City of Clearwater for recycling processing. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will reduce recycling fee revenues by the total credit estimated based upon action approved by the Council. Page 1 City of Clearwater Printed on 8/15/2023 File Number: ID#23-0979 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/15/2023 Clearwater Recycling Update Kervin St. Aimie & Jeffrey Kuhl, Aug. 14, 2023 How Far We Have Come •Environmental Stewardship: Implement Proactive Solutions and Emerging Technologies for a Sustainable and Resilient Community. •4.2 – Adopt Renewable Resource Usage and Waste-Reduction Practices to Ensure a Vibrant City for Current and Future Generations. How Our Effort Fits Into City’s Strategic Plan •New Solid Waste Administration •Returned to Taking Recyclables to Waste Management •Worked to Develop Short- & Long-Term Solutions •Able to Recycle about 1/3 of the Single-Stream Recycling Collected. Other 2/3 Not Able to Recycle, Due to Contamination and Processor Limitations. •One of Two Transfer Vehicles Inoperable. Early January 2023 to Mid-March 2023 •Began Taking Recyclables to Waste Connections . •Developing Long-term Solutions. •100% of the Single-Stream Recycling Collected is Sent to Third-party Processor (Waste Connections). •Averaging 4-5 Loads Delivered Per Day of Single-Stream Recycling. Mid-March 2023 to Present MyClearwater.com/WeAreRecycling Staff is Continuing to Identify Operational Efficiencies Working with Consultant, Kessler Consulting, on Routing Software Next Step: Hire Firm to Implement Technology Memo. Long-Term System Capacity Public Forums to Address Updating Pinellas County Ordinance to Make Recycling Mandatory in Unincorporated Pinellas. What is Ahead CREDITS City Paid to Dispose of All Material Residential Recycling Customer Charge is $3.38/Month (as of 10/1/22) Options for Credit (Refund): 1.Full-Rate Credit 2.Disposal Cost Differential Credit Considerations Full Credit of $3.38/Month (Six Months from July to December 2022): o Single Family: $3.38/Month x 6 Months = $20.28 o Commercial & Multi-Family: Varies per Customer Total Estimated Credit:$1,123,417.91 Approach: Full-Rate Credit, As if Recycling Was Placed on Curb & Not Picked Up Municipal Partners o Belleair: Avg. $2,353.40 x 6 Months = $14,120.42 o Safety Harbor: Avg. $10,487.60 x 6 Months = $62,925.63 Total Estimated Credit:$77,046.05 Approach: Full-Rate Credit, As if Recycling Was Placed on Curb & Not Picked Up The Cost to Dispose of Recycling Is More Than Disposing of Trash. Estimated Difference in Tipping Fee Per Account Per Month: o Single Family: $0.81/Month x 6 Months = $4.86 o Commercial & Multi-Family:Varied per Customer Total Estimated Credit:$177,056.91 Staff does not recommend this approach Alternative Option: Disposal Cost Differential, As if Both Were Taken Away as Trash QUESTIONS? Clearwater Recycling Update Kervin St. Aimie & Jeffrey Kuhl, Aug. 14, 2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0977 Agenda Date: 8/17/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Appoint an individual to fill an unexpired term through April 30, 2025 on the Public Art and Design Board in the Resident knowledgeable in fields of public art, education, or community affairs category through April 30, 2025. SUMMARY: BOARD: Public Art and Design Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the Creative Pinellas representative MEMBERS: 7 Liaison: Amber Brice, Cultural Affairs Coordinator CHAIR: MEETING DATE: Quarterly - January, March, June, Sep. TIME/PLACE: 2:00 PM/Chambers APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND SEAT NOW REQUIRES REAPPOINTMENT: 1. Jonathan Barnes - 1613 Maple St. 33765 - Resident knowledgeable in fields of public art, education, or community affairs Original Appointment: 11/7/2019 (was serving 1st term set to expire 4/30/2025) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE RESIDENT KNOWLEDGEABLE IN FIELDS OF PUBLIC ART, EDUCATION, OR COMMUNITY AFFAIRS CATEGORY: 1.Karen Cunningham - 3178 Eagles Landing Circle W., 33761 - Retired Transportation Planner 2.Lisa Bilz - 1660 Pine Place, 33755 - Graphic Design 3.Matthew Estes - 1682 Oak Place, 33755 - Music Director 4.Rebekka Ervin - 920 N Osceola Ave. Unit 407, 33755 - Business Owner 5.Sharon Reid-Kane - 2730 Burning Tree Lane - REH Chief Education and Community Engagement Officer Page 1 City of Clearwater Printed on 8/15/2023 File Number: ID#23-0977 Zip codes of current members: 2 - 33755 1 - 33761 2 - 33765 1 - 33764 Page 2 City of Clearwater Printed on 8/15/2023 Rebekka Ervin rervinnyc@gmail.com 214-412-8524 or 646-946-9944 Professional Profile High-energy professional with 26 years’ experience in consultative sales and marketing accomplishments in the CPG industry. National and International Account Management with branded and private label experience. Worked in private, public, and private equity owned businesses. Seasoned in managing and growing revenues by developing and driving strategic marketing plans and budgets. Recognized as a highly motivated passionate leader that consistently surpasses both company and customer expectations; Inspires and engages people through vision, dialogue, and challenge. Self-starter with track record of advancement due to insight and analysis of store operations and market conditions. Values building strong customer relationships through consultative selling model. Focuses on getting strategies right, aligning execution, and driving excellence. Recently relocated to Florida to launch my own business. With one child graduated from University and the other attending, I am once again looking to use my time and skills to contribute locally. Professional Experience Details Owner, Inner Elevation LLC, Clearwater, FL 2021-Present • Develop and execute go-to-market strategy for national and international products • Gain and grow US business retail distribution for International manufacturers; currently managing +100M Global VP Sales, Walmart Global Team Lead: Ranir Global Holdings, New York, NY 2004-2021 • Development and execution of consultative selling model with a strong commitment to growing company and customer business, retailers and wholesalers in the Oral Care Industry • Innovate and execute marketing strategies for SKU maximization, promotion performance and overall share growth, meeting or exceeding retail dollar and profitability goals • Progressed to manage the largest customer and greatest % of revenue, growth and profit for the company, growing by +2600% in 10 years • Increased annual revenue over 50% at every account of responsibility; tripling gross profit • Maintain and utilize comprehensive knowledge of Retail Link, AC Nielsen and IRI data to effectively manage category and market trends • Establish Global strategy, coordinating with worldwide teams, managing both in-house and retail market brokers • Successfully managed accounts and relationships through two private equity acquisitions and one public • Established strong relationships with Top Mass and Grocery Customers; pioneered business into Club Channel Regional Vice President, Sales Tyco Healthcare, Dallas, TX 2002-2004 • Managed 14% of company revenue and 13% of company profit • Gained new business across all categories of responsibility • Business management and development for retailers and wholesalers and brokers in the diaper, training pant, sanitary, adult incontinence and wound care categories, developing marketing strategies to strengthen market share and retailer profitability • Developed and achieved sales objectives and marketing budgets for combined businesses • Successfully managed accounts and relationships while growing revenue over 25% during acquisition Customer Development Manager, Paragon Trade Brands, Dallas TX 1997-2002 • Developed and managed private label diaper and training pant business throughout the USA, quickly penetrating accounts and gaining strong relationships at key retailers • Increased customer profitability while increasing retailer dollars and profit, resulting in promotion in 2 years • Conceived and implemented Destination Own Brand at wholesaler account, including packaging redesign, SKU line-up, improved pricing structure and shelf placement • Maintained excellent customer relationships during Chapter 11 and two transfers of ownership Marketing and Office Manager, Daymon Associates, Inc., Salt Lake City, UT 1996-1997 • Provided marketing support for a national retail food and drug broker’s key accounts; presentations, sales reports, correspondence, scheduling and account maintenance • Supervised all office procedures, hiring, employee evaluations and training Account Executive, Phone Directories Company, Orem, UT 1994-1996 • Worked as a member of a team committed to providing a solid customer base for market area yellow pages publications, increasing revenue by up to 30% in all areas assigned • Relocated to Alaska to open the Fairbanks and Juneau markets, successfully establishing over 200 new accounts Community Leadership Volunteer Sunday Ministry with Pastor Barry Nehls: Brooksville & Springhill Florida 2021-2023 Board Member, Zaytoon International 2010-2014 Zaytoon International was a non-governmental org centered in Amman, Jordan, committed to empowering individuals and improving communities through training and resources to promote economic and social progress Utah State Delegate 2011 Elected by local caucus to represent district at state and county convention Advisory Board and Student Mentor for the Center for the Advancement of Leadership (CAL) at Utah Valley University 2009-2010 Responsible for fundraising as a board member and served as a mentor to individual business students, engaging them in leadership training, workshops and hands-on activities President of Professional Republican Women of Salt Lake City 2011 Board of Professional Republican Women of Salt Lake City 2008-2011 Elected as treasurer and then elected as President to lead, review policy, and train women to take leadership roles in politics and support worthy causes/policies by representing at Utah Capitol Board of JDWC Cottonwood Cotillion 2008-2011 Cotillion is designed to introduce students to social skills training through dance to develop personal confidence, an understanding of courtesy, consideration and respect Chairman School Administration Committee for Mountainville Academy 2006-2011 Worked closely with charter school administration through start-up phase to success story Various church and community volunteer opportunities 2005-2018 Volunteer Yoga Instruction at Retirement Community and Alcohol Recovery Treatment Center 2005-2010 Education/Honors/Activities BS Business Management, Western Governors University Yoga RYT 200 Multiple year Ranir Global Holdings Tigress Award for “Outstanding Revenue Results”, “Sales Associate of the Year” Pilates – Yoga – Reading – Boating – Cooking – Interior Design