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Res No 053-13-13871&: 0 4; RESOLUTION NO,s 53-13-13871 A Resolution authorizing the City Manager to expend an amount not to exceed $7,921.20 to Galloway Office Supplies for the purchase of new furniture for the computer lab located at the Gibson - Bethel Community Center, WHEREAS, it is requested to purchase new furniture to be installed in the Computer lab located at the Gibson- Bethel Community Center; and. WHEREAS, it is essential to provide suitable furniture far the Computer lab from Gallow<r.1Office Supplies to cornpliment the addition of eighteen (18) new computers; and, WHEREAS, the ('ity of South Miami Parks and Recreation Department will purchase furniture from account number- 001.2000.572.5205 Computer Equipment with a current balance of $0.315.00. NOW, TIIEREFORi:. BI COMMISSION OF T'I iE CFFY OF SO Section 1. "I he (.1 Manager is $7,021.20 to Galloway Office Supplies, installed in the Computer lab located at i't' RESOLVED 13Y 'FlIE MAYOR AND CITY J IJI MIAMI, FLORIDA 111A "I': hereby authorized to expend an amount not to exceed for the purchase of new computer furniture to be the Gibson- Bethel Community Center. Section 2. The expenditure is to be charged to account no. 001.2000.572.5205, Computer Equipment with a current balance of $0.315.00, Section 3. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding; shall not affect the validity of the remaining portions of this resolution. Section 4. This resolution shall become cffcctive immediately upon adoption by Grote of the City Commission, PASSED AND ADOI,ryl 1) this1_9thday of READ AND APPROVED AS 'FO FOIZM. LANGUAGE, LILIGALFFY AND EXECI -FFION '1`11ERI Ot� March 2013. APPROVED: COMMISSION VO11: Mayor Stoddard: Vice Mayor Liebman: 5 -0 Yea Yea Pg. 2 of &4 m Commissioner Ncwman: Commissioner Harris: Commissioner Welsh: Yea Yea Yea &e 01 d 01 South Miami All- America Cit CITY OF SOUTH MIAMI 101 OFFICE Of THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission From: Steven Alexander, City Manager DATE: February 22, 2013 Agenda Item No.: SUBJECT: A Resolution authorizing the City Manager to expend an amount not to exceed $7,921.20 to Galloway Office Supplies for the purchase of new furniture for the computer lab located at the Gibson - Bethel Community Center, BACKGROUND: The Computer Lab located at the Gibson - Bethel Community Center currently has outdated computers and furniture. The Community Redevelopment Agency (CRA) has been approved to purchase eighteen (18) new computers to be installed in the Computer Lab. Currently, we are awaiting quotes to be provided before the purchase of those computers can take place. In order to effectively maximize space and create a seamless atmosphere to learn, the purchase of suitable computer furniture is needed. The new furniture will be positioned in a manner that is conducive to a learning environment. The purchase will be made through a State of Florida Contract No. 425- 001 -12 -1. Furniture manufacture HON is an awarded vendor on the State contract and Galloway Office Supplies is an authorized HON dealer. EXPENSE: Not to exceed $7,921.20 to account 001.2000.572.5205, Computer Equipment, with a balance of $9,315.00. ATTACHMENTS: Resolution for approval State of Florida Contract Computer Lab Area Draft Budget print out Quote H.. C O Z 0 N i N � � OY `2 0 r W O ce yZ 6 Ul it W C m O .d � b p1 tl } a ^i Ali m±N •d P _ u, u3 w o C 0 n p m .d � b p1 tl } a R Ali m±N a m .- m c o C 0 n s a new r 3 P y Cw Y M r •r Y` H ir. 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P" &: Galloway Office Supply & Furniture Inc 10201 NW 21 Street , Miami, FL 3317 Tel: (305) 591 -161.6 Fax: (305) 591 -5655 Project # �4i Quotation Quote to: CARL WILLIAMS ASSISTANT DIRECTOR FOR PARKS AND RECREATION CITY OF SOUTH MIAMI 5800 SW 66TH STREET MIAMI,FL.33143 Terms: P: 305 668 -7232 C: 786- 200 -3116 Line Quantity _ Unit Price Extended Amount Quote $1 Date Customer Order Number Customer H Account Rep ETS.FINISH AND LAMINATES TO BE SELECTED 2 2/1.5/2013 HMBFLIP24XL.C.FLIP'IOP BASE W /CASTERS PAINT FINISH 251.07 JORGE M. Quote to: CARL WILLIAMS ASSISTANT DIRECTOR FOR PARKS AND RECREATION CITY OF SOUTH MIAMI 5800 SW 66TH STREET MIAMI,FL.33143 Terms: P: 305 668 -7232 C: 786- 200 -3116 Line Quantity _ Unit Price Extended Amount 1 6 HMT2484E.G.HUDDLE TABLES 84" X24" W /TWO GROMM 215.20 1,291.20 ETS.FINISH AND LAMINATES TO BE SELECTED 2 6 HMBFLIP24XL.C.FLIP'IOP BASE W /CASTERS PAINT FINISH 251.07 11506.42 TO BE SELECTED 3 19 H5903.1-1 '1"ASK PNEUMATIC CHAIR NO /ARMS .FABRIC AND 134.6 2,557.40 FINISH TO BE SELECTED. 4 1 H5995 ADJUSTABLE HEIGHT ARMS 39.9 39.90 5 1 H38155. DOUBLE PEDESTAL DESK 60" X30 "LAMINATE & 515.03 515.03 PAINT TO BE SELECTED 6 18 H4022 LAMINATE KEYBOARD PLATFORM,MINIUM 71.73 11291.14 CLEARANCE FOR MOUNTING 2.2" X17 "D.LAMINATE 160 BE SPECIFY 7 1 DELIVERY AND INSTALLATION DURING NORMAL WORK- 720.11 72011 ING HOURS MON -FRI 8:30AM -4:30 PM TOTAL 7,921.20 7,921.20 ISTATE OF FL. CONTRACT# 425 - 001 -121 Prices wul be held for :i0 day: but are aubject. to +ncrear:e by MarnAacturrv. Pkmse be advised that this quote may not include applicable sale:; tax and use tax Quote authorized bY Accepted By: Title: Date: "ity of South Miam Parks & Recreation (6) 24 x 84 Tables r I SSCWOA SSCWOA SSCWOA SSCWOA SSCWOA SSCWOA nf 413" j r i 1 in SSCWOA SSCWOA SSCWOA i r...WA SS('WOA S"OA .: in SSCWOA SSCWOA SSCWOA SSCWOA SSCWOA SSCWOA ( I SSCWOA Ez: �Eigkkmfm r...WA SS('WOA S"OA .: M Z Existing SSCWOA SSCWOA SSCWOA ( I SSCWOA Ez: �Eigkkmfm N Existing Lateral File 54 "H 09XOE I `° ! Is;)(] .: M Z N Existing Lateral File 54 "H 09XOE I `° ! Is;)(] .: M Existing Storage Cabinet 85"H '-' ,. ON uHHU11C: "Hicc WICI clues i Ntate I erna (.'ontracts fj Mate Contracts, Agreements and 111•1c... I IL, Iue I o1' 3 Y.Etori.clall-jor,nt Contact �itEMar) No i i_c_.ationSet.t�in,a_s Notify_ Me U '1� _i E11eP M j.n�jgprne_nt..._ s. > 3. %�si ness._C���.�i,c��.l,C3r1_s > State urrh .si,n.g > Ve n d r, Irt e rat �i _r > 2, fir'.__E o,n racts Ag.r (� <�rr)en�;s and _.Price !Mists > ;rate Term Contracts > Furniture: Office and Files << Return Furniture: office and Files425 ®001 12 -1 Effective Period 03/02/2012 through 03/01/2016 Contract Type State Term Contract • F?rir!�g Contract Contractors `MFAtMf1h 'JT�AM 5..x,'1 \.if V � C- 4l f'i"1 tf• {•••/'1 n'S Q'4••"l P" {• d. f 14 V e a a I CS %A V I A tall VV 4.1.J l„7.7 t, F r eauei fitly Asked t)uestio{ Gs Contract Documents Contract • Administration • Commodity Codes Mic_ l!.c�rti - (msword 1,005.50 kB) —F= - (pdf 653.69 kB) Amendments s and �'�iemorandur rf z 1 mJC _...__...... Nr1_f'E_' -... . _...__..... 850 -414 -6740 jaillie_._har'I_c'yC7)di Is, _rn.y_f,o.r:_ida__cof' 425 -650, 425 -1001 425 -110, 425 -120, 425 -140, 425 -510, 425 -060, 425 -050, 425 -770, 425 -070, 425 -240, 425 -3001 425 -020, 425 -030, 425 -040, 425 -090, 425 -190, 425 -200, 425 -630, 425 -660, 425 -2101 425 -220, 425 -2301 425 -550, 425 -900 Description This state term contract includes for the purchase of office and conference /public area furniture, including lateral and vertical steel files, dispatch /911 furniture, conference or training tables, mail processing furniture, conference or training chairs, map files, storage and presentation accessories, reception desks, single and multiple seating units, sofas and loveseats (public areas), and occasional tables. Fireproof files, art work and decorative lamps and accessories are not part of this contract. Benefits III 1p: /Avw\w ulnas.mytloricla.coIn /business operati s;st<itc hurchasinh /vc�nd�ar ii�liarmation /... ?/1420 1 45 V 0 6 6W; Furniture: (dice and Ides State Tcrm Contracts I State Contracts, Agreements and Pric... Page 2 of' > • Discounts of 45 to 78 percent off of list price (MSRP) for each contractor, with average discount of 52 percent • Additional discounts are negotiable for large quantity orders and one time delivery of large single orders • 90 -day delivery time (some Quick Ship) • Delivery can be based on GSA terms • Statewide coverage • 59 Manufacturers with over 1,500 approved servicing dealers. Certified minority vendors available. • Toll -free access to customer service representatives • Wide product selection with over 100,000 items on contract. Custom options available. • Dedicated contractor website with prices, discounts, dealers, and LEED green products /environmental information • 5 -year warranty coverage or manufacturer's warranty whichever is greater. Fabric and pneumatic cylinders shall be warranted for minimum of 1 year. • Online reporting capabilities (e.g., order tracking, usage reports) • Priority allocation for supply constrained items • Includes following value added services: installation, product removal, end - of -life recycling, design services, space planning, reconfiguration, consulting services, inventory management services, technical services http:i'v flon(LIXon► business operations state purchasing lve►ufor inionnationl... 2, %l4 %?Of 3 Pitrniture: Office and FlICS / SUAte :I erm ('onU•acts / State Contracts, Agreements and Pric... Page 3 of") Terms and Cc.nditions ; Privacy Statement. 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"i ! }'i : _ t). �::.C(12i (iC till D Yvieehan Stationery Co D MyOffireProduccs — Tallahassee New ;..`::Iv' a ;cv(l :i.,ii>;, ?;ivomd Dlehi Lu;i:ne <, i, t"Vle. Ulm:.. ?f:eliioue?e. r•. 5., ... ; aliF,liassc£!. f 323 izt .'f=oil' 850- 3i)&4:7E;9 :3, 0, :3ii3i .'';.; 8 ii0- '8 3 -52 .;! t�;tlhy f. �'si;tlb'? ..,h it i...'.:. La!i +1 v11 4 lj 4 ill D MlyofticeProduets -' Jacksonville DMyoffireproducts — Panaisia City ..i.')•i Ci ti:::.)1:5i1!:r f?;)(eG -... is b . :' <ii!:•fi vi1'71 1.VCftUe ';:)�4n;1 : ox `.r04 J;'. .r..., ,iti iti: :, :fiyilfi(} ..'i f : J .: ,., -.:.n 1',. :...l; {i r,..,ll: `).71) ff :(.i'. S?r� ril( -. 'Al.l 1) MyOfficaproduCts -- )-im -1pa DOEC. Business lntenois - Gainesville ION? lil�lc i.)fN(:v Dejio; 6;Ianv:;y `;:;!vicros- i)rla :raa Oifice Siemonts, lrv;. 0 1s, O1cbj0iSt<�ic- of =[ lorida -Or... ?/ 14/2 O l ;i 0, 6> I ION liovernmCnt 011)Ce 1 ~ur111ILWe StPi oxS D Olfice i:nvironrnents .;3G biizni �;IriyC C -0'+ ". Su3C It IS; D Office Furniture S: Design 4onr0pts Office Products 8, SorvicS =s Iii(, ... r r. ....) ., .,., . D OiR Workspace, - C)rl.tndo I] Prior;iy Office. source Smfit7 Office ait(f Computer supply Ci titnlnvlt Olfir_o cur niturn i if :;f' .. Io .. i)'Iviandsr'_:. Oft; 'o soiui: one. Wol "k;:18CCt 'jCSC %ill l; ti 0I Dottie['rurniture Centel IS 0! :8, iii i Office: Furnitufe S supplies 'MIS e''(i1!i>i' Office Max Inc. dba OM Workspaco - Miramar Pi emii:r P;irF:v:ey DOA? 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R. n n e n ange. 1: c . ._ . : rem m DvufciIk pf oduct oe III $:I Iwo 5mte,m; w6±± 1 I 44 R% a Sdw40A:S3d y3R039 G#2b3 ƒK%%� E Q odda4)n. � !4/20!3 0: Rjciar SCofi1r C;avernor March 2 . 2012 *1: in rA: 1!011 xi (,r VA\A(a.::u.`r SERVICES 0: 4050 Esplanade Way I Tallahassee+, Florida 32399 -0950 I Tel: JS0.488.2786 ( Fax: 8S0.922.6149 ML:f\,-1ORAVDUIv1 NO.: (425-001-12- 1) - 1 1'0: 1. 'set, Agenc} FROM: Director, State Purchasing SLJBJ1 :C'i: Contract No. 425- 001 -1)-I Title: Office F'Urlliture and FileS &.. JOHN R MILES Secretary Effective March 2, 2012, the Contract Manager has been changed to Shameka Smith. Please direct questions to Shameka Smith at (850) 488 - 414 -6740 or Shat-neka.Smith(a.dms.M Fy lorida.com. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Manager. UI[I':11� C•11i� "? r iF l ;a:�A( ;t:•fli`:1 liter: sCoU SFRVC�� <:xovernor 4050 Esplanade lVay I Tafahassee, Florida 32399 -09SO 1 Tel: Si0.488.2786 I Fax: 850.922.6149 CERTIFICATION OF CONTRACT TITIT: Office Furniture and Files CONT RAC1` NO.: 4215-001-12-1 ITB NO.: 17 -425- 0014 I:FI C I IV F: March ?. ?012 thrcn?gh March I. 2016 SUPT ".RSI: DF:S: 4215-00 1 -06-1 CON'1-RACfORN: Sec Attached List JOHN P. MILES Secretary A. AU!TI IORI"l:Y Upon affirmative action taken by the State ol'Florida Department of''vtanagerlient Services. it Contract haS been eXC'CUI (1 1)et4 <een the State (WFlorida and the desigmlted contractors. L3. 1 I I 'k 1 . _-This contract was entered into to provide economic, in the purchase ot'017ice Furniture and Files by all State 01'Florida agencies and institutions. I her'41t)re, Ir1 compliance with Section 257.042. Florida Statutes. all purchases of' these CounnoditiCS Shall be made under the terms, prices, and conditions of'this contract and with the suppliers Specified. C. All purchase orders dr ill he issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated. exclusive. of'8H Federal. State and local taxes. All contract purchase orders shall slwcv the State Purch asino contract number. product number, quantity. description ol, item, with unit pricks extended and purchase order totaled. ('Phis requirement may be wcolived when purchase is made by a blanket purchase order.) I). C:'ON�IRAC'! requirements problem with office. OR PI ;RI ORM.ANC 1;; - Aslerlcies shall report of this Contract on Complaint to VCndor. form in a prescribed period of'time. then form PI jR 411IN vendor failure to perform according to the 1,L�R7017. Should the vendor Lail to correct the 7029. Request for Assistance. is to be. tiled xwith this 1`. SPL:CIA1 AND C,FN RAl_ _C:O;NDI IQN? ) - Special and general conditions ar'e enclosed Ior vour information. Any restrictions accepted from tlue Supplier are noted oil the ordering instructions A'I 1 AC'I IMFN l u\��% dmN 11.\I Ivridoxom C'ontr'actors Awarded: Affordable Interior Systems (A IS). I Judson. 11MA (A) AllseatingCorporation, Mississau)a, Ontario. CANADA (A) Allsteel, Inc., Muscatine, IA (A) Artopex, Inc., Granby, Quebec, CANADA (A) 13erco htdustries. Inc. Saint Louis. MO (R) C ' Group (Commercial furniture Group) St. Louis, ;110 (A) Chromcraft Corporation, Senatobia. MS (A) Compatico. Inc.. Grand Rapids. 1\11 (A) DAR /RAN Furnit -ure, I filth Point. NC (A) Dauphin North America, Boonion. NJ (A) David FAhNard ComIxiny.. Ltd. Inc., Baltimore, ti'ID(A) Encore Seating, Inc., Cerritos, CA (A) I`,ndura I.I,C', Waukesha, WI (A) FxgoGenesis, L..LC, Navasota.. TX (A) I'SI L-'l Solutions. LLC'_ Mesa. AZ (R) Evans Consoles, Inc., C'aigary, Ala. Canada (A) Lxemplis Corporation /Situ nh Seating. Cypress, CA (A) Fuhnarque DBA [:KO, ( "Ievela)d, `I'N (A) Great Openings, L_udino on. MI (A) Groupe Lacasse, ITC. St. Pie, Quebec. (.'ANADA (A) Gunlock-0 Company. L,I_C. the, WOyland. NY (A) Ilc:rrter. Middlehttrv, IN (A) I Iaworth. Inc., Ifolland, MI (A) Merman i�riiller, Inc., Zeeland, MI (A) I li,.lt Point furnihn•e IndUStl'iCS, fnc.. I hoh Point. N(' (A) I lighmark. Iiuntingtnn 13 tacit, CA (A.) I ION Company, the, Muscatine. IA (A) Ifoovcr Panel Company, Rockwz ll. TX (A) Ilumartscale Corporation, Piscataway. NJ (A) Indiana Furniture DBA Indiana Desk..lasper, IN (A) Integra, Inc., Walworth, WI (A) Inwood Office Invironments, .lasper. IN (A) Jasper Seating. Jasper. IN (A) Jolco. lnc.,.laslrer, IN (A) Q A Manufacturing. Inc., Schofield. WI (A) Kimball Intermitional Marketim, DBA Kimball Offiec..lasper. IN (A) Knoll. Inc.. East Greenville. PA (A) KrueUr International (KI), C;reenbaN, WI (A) Krug. Inc., Kitchener. Ontario, Canada (A) I.(,)-L -Boy. Ferdinand. IN (A) Logillex (Mobilier de I3urVau).. Sherbrooke. Quehec, Canada (A) Mahnuson Group Inc., Woodridl;e, 11. (A) Martin Bntttrud, Inc.. Gardena. CA (A) Maxon Iurniture, Kent, WA (A) `VliOinc Compam, Shehoyg)an- WI (A) National Office Furniture, Jasper, IN Neutral POSttlre. Inc.. RrN'an. I X (A) Nevers InduSVIeS, tic., Minnezlpolis, :MN (A) Nucrall Furniture, (_�omstock Park. i\-11 (A) h Office Master, Inc.. Ontario. CA (A) OFS Brands. Inc., I luntinoburo, IN (A) Paoli, Inc.. Orleans. IN (A) Richards - Wilcox, Inc., Aurora. 11.: (A) Safc(a Patrician Furniture Co., tli�d, Point, N(: (c) Source International. Shre\\. -4S bUry, MA (A) Spec Ftrniture. Inc. 'Toronto, Ontario, CANADA (A) Steelcase, Inc.. Grand Rapids. MI (A) Symmetry Office. Pampa, Fl. (A) Teknion, I.,I,C, Mount Laurel. N.) (A) Trendway Corporation. Holland. MI (.A) Trinity Furniture, Trinity. NC (A) Versteel, Jasper, IN (A) W;.ttson Furniture Group, Inc., Poulsbo. %-'A (A) Workrite C;ri;onomics. Pctalunrt, C'A (A) Wril;ht line, L.LC, Worcester, Iv ;1A (A) %oom Scaling. Middlebury, IN (A) CONTRACT BETWEEN k FLORIDA DEPARTMENT OF MANAGEMENT SERVICES [Contractor Name] a k This Contract is by and between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399 -0950, and (Contractor). Whereas, the Contractor replied to the Division's Invitation to Bid (ITB) No.:17- 425 - 001 -F- Office Furniture and Files: Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract. 1.0 NAME OF PROJECT Office Furniture and Files 2.0 SUMMARY OF THE CONTRACTUAL SERVICES / SCOPE OF WORK This state term contract includes for the purchase of office and conference /public area furniture, including lateral and vertical steel files, dispatch /911 furniture, conference or training tables, mail processing furniture, conference or training chairs, map files, storage and presentation accessories, reception desks, single and multiple seating units, sofas and loveseats (public areas), and occasional tables. Fireproof files, art work and decorative lamps and accessories are not part of this contract. 3.0 DELIVERABLES All products offered under this Contract shall be new and unused and in current production - remanufactured or refurbished products are not part of this offering. No series shall be considered for award under this Contract if already awarded or in conflict with another State Term Contract. Eligible products include, but are not limited to: Office Furniture Dispatch /911 Furniture Mail Processing Furniture Map Files Reception Desks Sofas & Loveseats (Public Areas) Lateral, Vertical and Fireproof Steel Files Conference or Training Tables Conference or Training Chairs Storage and Presentation Accessories Single & Multiple Seating Units Occasional Tables 4.0 SUMMARY OF PENALTY FOR FAILURE OF CONTRACTOR TO MEET DELIVERALBES Delay in delivery beyond the tirne specified must be justified to the ordering agency, in writing, and if required, the Contractor shall provide temporary furniture on a rent -free basis. Furthermore, items not delivered within the required delivery schedule may result in the Contractor being found in default by the Department in accordance with contract conditions. 5.0 EFFECTIVE DATE This Contract shall begin on March 2, 2012, or on the last date in which it is signed by all parties, whichever is later. 6.0 EXPIRATION DATE This Contract shall expire on March 1. 2016 unless cancelled earlier in accordance with its terms. Pear J 0 0: k 7.0 RENEWAL In accordance with Section 4.26 of the State Term Contract No. 425 - 001 -12 -1, upon mutual written agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 4 years at the same price. terms and conditions, allowed by Chapter 287, Florida Statutes. 8.0 EFFECT OF A REPLACEMENT CONTRACT A replacement contract may be established under a new solicitation process prior to March 1, 2016. In such case, the Department may terminate this Contract prior to March 1, 2016. 9.0 INTELLECTUAL PROPERTY The parties do not anticipate that any intellectual property will be developed as a result of this contract. 10.0 PREFERRED PRICE The Contractor agrees to submit to Customer at least annually an affidavit from an authorized representative attesting that the Contractor is in compliance with the preferred pricing provision in Section 4(b) of form i AUN 1000. 11 *0 SCRUTINIZED COMPANY LIST In executing this contract, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473. Florida Statutes. Pursuant to section 287.135(5), F.S., Contractor agrees the Department may immediately terminate this contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract. 12.0 EMPLOYMENT ELIGIBILITY VERIFICATION Pursuant to State of Florida Executive Orders Nos.: 11 -02 and 11 -116, Contractor is required to utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment of all new employees hired by the Contractor during the contract term. Also, Contractor shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the state contract utilize the E- Verify system to verify employment of all new employees hired by the subcontractor during the contract term. 13.0 REPORTING REQUIREMENTS Section 5.7 of the ITS 17- 425 - 001 -F, is superseded and entirely replaced with the following: Each Contractor shall submit a sales report on a Quarterly basis. Reporting periods coincide with the State Fiscal Year: • Quarter 1- (July - September) • Quarter 2 - (October - December) • Quarter 3 - (January- March) • Quarter 4 - (April -June) Each Quarterly Sales Report mr.rst be in Excel format and shall include-, • Contractor's Name and contact information as required on the Department of Management Services "Contract Quarterly Report" • Detail of time period covered by included data 4; V, 41.. • Total sales including detail of list price and contract price • Transaction detail will include: el; Failure to provide quarterly and annual sales reports, including no sales, within thirty (30) calendar days following the end of each quarter (January, April, July and October) and /or contract year may result in the contract supplier being found in default and termination of the contract by the Department. Upon request, the Contractor shall report to the Department, spend with certified and other minority business enterprises. Reports must include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this contract. Initiation and submission of the Contract Sales Summaries are to be the responsibility of the Contractor without prompting or notification by the Contract Manager. The Contractor will submit the completed Contract Sales Summary forms by email to the Contract Manager. 14.0 MYFLORIDAMARKETPLACE (MFMP) CATALOG REQUIREMENTS Section 5.25 of the ITB 17 - -425- 001 -F, is supplemented with the following specific detail: The Contractor shall provide a Line -item catalog containing all awarded items and contracted final prices using the format supported by the system. The awarded supplier ( "Contractor ") hereby agrees to cooperate with DMS and My Florida MarketPlace (and any authorized agent or successor entity to MyFloridaMarketPlace) in the event DMS selects this statewide contract to be exhibited on the MyFloridaMarketPlace. At a minimum, the Contractor agrees to the following: PaL)e 7 1.0 Contractor agrees, upon DMS' request, to deliver a line item catalog. The line item catalog content must be limited to the Contractor's statewide contract offering. 2.0 Line Item Catalog. By providing a line item catalog, Contractor is providing a list of its products /services and pricing within a specific template format for MyFloridaMarketPlace through a catalog repository tool used for MyFloridaMarketPlace called Aravo'. In this scenario, Contractor must submit an updated electronic catalog from time to time to maintain the most up to -date version of its product /service offering under the statewide contract. As a result, DMS will have an opportunity to confirm the accuracy of the electronic catalog that was loaded into Aravo before the electronic data file is loaded into the MyFloridaMarketPlace eProcurement System (MFMP). In addition, DMS will have the ability to define when the electronic catalog and any subsequent revisions thereto "go live ". 3.0 The Contractor agrees to meet the following requirements'. a. Catalog trust contain the most current pricing, including all applicable administrative fees and or discounts, as well as the most up -to -date product /service offering the Contractor is authorized to provide in accordance with the statewide contract; and The accuracy of the catalog must be maintained by Contractor throughout the duration of the statewide contract; and b. The catalog must include a State- specific contract identification number; and c. The catalog must include detailed product line item descriptions; and d. The catalog must include pictures when possible; ** and e. The catalog must include any additional DMS content requirements 4.0 Contractor agrees that DMS controls which statewide contracts appear in MFMP and that DMS may elect at any time to remove any Contractor's offering from MFMP. 5.0 Contractor must be able to accept Purchase Orders via fax, e -mail, cXML or EDI INT AS 12. *Aravo is a catalog repository tool used by MFMP. Contractors maintain their line item catalog offerings through this online tool. Contractor's catalog content is reviewed and approved by DMS in Aravo before being migrated into the MyFloridaMarketPlace eProcurement System. These services will be provided by MFMP at no additional cost to the Contractor. * *Details regarding the submission of image files and catalog content will be discussed during the enablement process, however, the following represents key information regarding the submission of product image files: o Provide actual image files (in gif, jpeg and other commonly used formats) for all of the items in the Contractor's catalog that will be hosted by the MyFloridaMarketPlace system. These images are displayed to the customer directly in search results as well as in the product details window. o Provide the actual image files in a 'zip archive'. Please go to www,winzip.com to download the WinZip® application that is needed to create such an archive as well as additional details about using WinZip® application. c; Provide only one image per product. c: Color pictures are preferred; however, black and white pictures or drawings are acceptable if this is the current standard for the Contractor's business marketing. o Please note the MyFloridaMarketPlace prefers jpg format for image files (280X280 pixels) although images in many other formats are accepted. • When an image is in jpg format, it is resized to 280X280 pixels, if necessary, to maintain a consistent appearance MFMP. ■ When an image is in a format other than jpg, it will be converted to jpg and resized to 280X280 pixels to maintain a consistent appearance for MFMP. As products change, updated image files must be submitted to update the MyFloridaMarketPlace Catalog. 'sic b 41 1 0 4 "a 6. we In rare instances where an image is not available, DMS will work with the Contractor to determine the best solution for advertising the Contractor's offering. 15.0 ELECTRONIC INVOICE The Contractor shall supply electronic invoices in lieu of paper -based invoices for those transactions processed through the MFMP. Contractor agrees, upon DMS' request, to establish electronic invoicing within ninety (90) days of written request. Electronic invoices shall be submitted to the agency through the Ariba Supplier Network (ASN) in one of three mechanisms as listed below. Suppliers can select the method that best meets their capabilities from the following list: • cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the ASN for catalog and non - catalog goods and services. The cXML format is the Ariba preferred method for einvoicing. • 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 (ED[) environment. This transaction set can be used for invoicing via the ASN for catalog and non -- catalog goods and services. PO Flip via ASN The online process allows suppliers to submit invoices via the ASN for catalog and non - catalog goods and services. Suppliers have the ability to create an invoice directly from their Inbox in their ASN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a State Contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. The Contractor will work with the MFMP management team to obtain specific requirements for the Electronic Invoicing upon contract award. 16.0 CONTRACT DOCUMENTS This Contract, together with the following attached documents, set forth the entire understanding of the parties with respect to the subject matter. In case of conflict, the terms of this Contract shall control. If a conflict exists among any of the attached documents, the documents shall have priority in the order listed: A. ATTACHMENT 1: THIS DOCUMENT B. ATTACHMENT II: ITB, No.: 17 -425 - 001 -F, as amended. C. ATTACHMENT III: Contractor's Response to the ITB. 17.0 CONTRACT MANAGEMENT A. Contract Manager The Department employee who is primarily responsible for overseeing the Contractor's performance of its duties and obligations pursuant to the terms of this Contract and for maintaining the Contract administration file. The Contract Manager shall be as follows: Shameka Smith Pale 9 e+. �s Contract Manager Department of Management Services 4050 Esplanade Way #360 Tallahassee, FL 32399 -0950 Telephone: (850) 414 -6740 Fax: (850) 414 -6122 E -mail: shameka .smith(aDd ms. mvfiorida,coIII an The Department may appoint a different Contract Manager, which shall not constitute an amendment to the Contract, by sending written notice to Contractor. Any communication to the Department relating to the Contract shall be addressed to the Contract Manager, B. Contractor's Representative [Representative Name] [Contractor Name] [Street Address] rf:ity Ctata 7inrnrJoi Telephone: [number] Fax: [number] E -mail: [address] 18.0 WARRANT OF AUTHORITY Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the respective party. State of Florida, Department of Management Services: By: Name: Kelly Loll, . C.P.M. Chief Procurement Officer & Title:_ Director of State Purchasing Date: Approved as to form and legality By: Office of the General Counsel Department of Management Services (Contractor Name] By Name: Title: Date: Date Page 10 4r d: 4Nli Rl k lv _ TC K SC:O71' JOHN 1LES a- kiOVCYtIOY 'j ",y �' Secretary 4050 Lspl.tnade Way Tall s i - Fax: 850.922.6149 { 'k lid ' '€` t I e C�j { 7 i i f I INVITATION TO BID (ITB) I I F o t f OFFICE F[1RNITURF AND FILES s ITB Numbel 17425 -001_F t i ITB Issue Bete: Decc111be14 20, ?() 10 Responses Due: January 2 101 1 (?:00 prl7 L'1') , I S rA"rt: oI E I..'MIDA DE PAR] ME NT OF MANAGENE N`I' SEIZVtCI: S i UIVI',d0N ()F%)]; ;l l: Pt RC'I IAS1tiC; 0 �0 ESt'E.�1NA[)E: WAY. SE.f t "I E 1( }Q TALLAHASSt".E 1:1",)2)')99-095)0 , ���.���.dlit�.'�f� I Ieiritlaxetltt TABL E OIL CONTENTS 1.0 INTRODUCTION 2.0 CVENERAL INSTRUCTIONS TO RESPONDENTS JPt1R1001. (10/06)J 3.0 SPECIAL INSTRUCTIONS 1110 RIlSPONDENTS 4.0 (NENERAL CONTRACT CONDITIONS JPUIR1000 (10/06) 5.0 SPECIAL CONDITIONS 6*0 PRICE SHI4.E'I' 7.0 DORMS [The remainder of this page is intentionail.) left blank (other than footer information)] Page 1? AS COWENTS: 161 Introduction U Event Timeline INTRODUCTION 6t 4r; ITtte retnainder of' this page is intentionally left blank (other than footer information)] Pace I 14 1 Introduction Fvent'Tinle ine .Activity for FFB #17 -125- 001 -F Date Notice of'Office Furniture & I iles solicitation is posted to the Vendor Bid System (Vl3S) I'Ile Siale of I`Iorida's current Of Ice FL11-nilure and Files SialC I CFI 1 C (I)traCt r42 - 001 -06-I has an average annual sales volume of $73,000.000.00.* Customers irlclLidc 34 State a`.Wncies and other Eligible Users. Current Eligible Users consist of local governmental eiltities such as cities, counties. colleges, tliliversitim aria School boards ill the State of Florida. as defined in 60,A- 1.00;. Florida Administrative Code. �a1111arV 1 1, 2011 Message Board for communications. E)ea(Ilitle to submit ResponsQ. includilltt all I'equircd doctillienlS Ill the MyFlolidaMarket.Place Sourcing Fool Utilife the Response? Preparation Checklist to iantlal' \' 24, 201 f illake Slll'C all i'C(Ellil'cCl dorlti)tenl5 and 1'etipUl15e� are'. t �1i11pICli•d. (Sc'l`11011 7.7) _pill EA ._.. -._ --------------- ............ __.__�.- ..._�...�_,.......�__._ ._.._ _.. ...._ .._. �. __ i)eadline for submittal Of Stale E ernl C i)l1trnel d(- diCm(:d \\Nb site t 1R1. Address. (Section ..-— _._.._ January 24, 201 1 *(The figures listed are for informational purposes only and should be used as a guide R>r responding, purposes.) 1.2 Event Timeline Respondents should review and become familiar with the Event Tiuleline. The Dates and limes within the Event T'inlcline play be subject to change. 11 is the responsibility of the Respondent to check for any changes. All changes to the E'vem Fitlleline will be through an Addendum to this solicitation. Pagc 1-1 Fvent'Tinle ine .Activity for FFB #17 -125- 001 -F Date Notice of'Office Furniture & I iles solicitation is posted to the Vendor Bid System (Vl3S) and the complete Office I'111'ili1Llre d )'Iles SollCitalioll is posted ill the N'l)'!'lorldaMarketlllace SOUrcing TOOL SoliCiU,16011 will IllillallV be ill `Pil'VieW" StatLIS December 20, 2010 N4lere Respondents call vie \V /download all information and ask OLICS6011S, bill cannot input or submit responses. Deadline to submit Questions, or request Jor specification change via the My�FloridaMarketPface Sourcing tool Q &A Board (Respondents must monitor Message .lanuary 4, 2011 Board for conununicatiorls). pm f;T Depill•tillent will post Answers to RespondCrns' questions as all addendum to the solicitation within the Mvl"lori(I<iMarf:etl)lace Sourcin,.p Tool. Respondents must monitor �a1111arV 1 1, 2011 Message Board for communications. E)ea(Ilitle to submit ResponsQ. includilltt all I'equircd doctillienlS Ill the MyFlolidaMarket.Place Sourcing Fool Utilife the Response? Preparation Checklist to iantlal' \' 24, 201 f illake Slll'C all i'C(Ellil'cCl dorlti)tenl5 and 1'etipUl15e� are'. t �1i11pICli•d. (Sc'l`11011 7.7) _pill EA ._.. -._ --------------- ............ __.__�.- ..._�...�_,.......�__._ ._.._ _.. ...._ .._. �. __ i)eadline for submittal Of Stale E ernl C i)l1trnel d(- diCm(:d \\Nb site t 1R1. Address. (Section ..-— _._.._ January 24, 201 1 Jill) Nonce of Intel)) to Award posted on Vendor 131(1 Syslcm (VBS). March 29. 201 1 � _ - -fo Be Determined Deadline fOr development Of ell ocur(mient catalou N Ithln IV(yl'IOnd�llMal'kell'Iacc. I Prior to Contract Contract Awar(1 Per Section 1".17 Contract I OI nlat loll Pagc 1-1 6: SECTION "TWO: GENERA[. INSTRUCTIONS TO RESPONDENTS {PUR 100110/06) T Co\ 2.1 Definitions 2.2 General Instructions 23 Electronic Submission of Responses 2A 'Perms and Conditions 2.5 Questions 2.6 Conflict of Interest 2.7 (.OnVlCted Vendors 2.8 Discriminatory Vendors 2.9 Respondent's Representation and Authorization 2410 Manufacturer's Name and Approved Equivalents 2.11 Performance Qualifications 2.12 Public Opening 2.13 Electronic Posting of Notice of Intended Award 2914 firm Response 2.15 Clarifications /Revisions 2.16 Minor Irregularities /Right to Reject 2.17 Contract Formation 2.18 Contract Overlap 2.19 Public Records 2.20 Protests 2.21 Limitation on Vendor Contact with Agency During Solicitation Period [The remainder of this page is intentionally left blank (other than footer information)] 1 ave 1 5 46 46 2.1 Definitions The definitions I'otand in s. 60A- 1.001. P.A,(. shall apply to this aggeentent. the tollo��inu additional terms arc also del ined: (a) "Huger" means the ewiit , that has released the solicitation. the -Buyer' may also be the '•Customer•• as defined in the PUR 1000 if that entity meets tale definition oi'both terms. (b) "Procurement Off"IM -" means the BLIVCr's conu-aciing personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that Submits 111,11C6alS to the Buyer in accordance with these. Instructions. (d) "Response" means the material SubltliIlCd by the respi)ndent in arls«ering the solicitation. (e) "Time.line" means the list of critical daucs and actions inc11.1dcd in the hltl'oductory Materials. 2,2 General Instructions Potential respondents to the solicitation ON encollra;,;ed to Carefully review all the materials contained herein and prepare responses accordingly. 2.3 Electronic Submission of Responses Respondents are required to submit responses elecu'onically, hof. this purpose- all refel-ClICCS herein to siOMIll-n'eS, signing rcquireulentS, or other required acknowledfrllents Ilerebv include electronic signature by means of clicking the "Submit. Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent Within The respondent agives that the action of, electronically submitting its response. CUtlStiRlIeS: • an electronic signature on the response, generally, • an electronic. Sip nature on any t%arnl or section specifically calling foi- a sionalm-e, and all affll'illativl aWff cillent to any statement contained ill the sollcita6on that 1'egUiNS a d('rmite coil IIi-mation of acknoMccig.eilicill. 4' 2.4 Temps and Conditions All responses are subject to the temp, �)f the 1,011mN i1w, wclions of this solicitatik)il, which. in case of conflict, shall have the order ul'Ilrcccdcncc listed: • I echnical Speciticlltio ns'. ® Special Conditions and instructions. • Insu-ucl.iorts to Rc'�ponc)cnt, (PUR 1001). m General Conditions ('P( IR 1 000), and • 11111oductot-y Materials. 1 -hc Buyer object, to and Shall not amsider any additional levmS or con(litionS Submitted by a WSpondent, including any appeai -inn ill documents attached Hs part Of a 1- CSI)OMe. Ill Sllbillittill:! Its 1- esponse, a respondent agrees that ally additional tyros of- conditions, whether sUbillitled InlCilliollall� OP illadVCrtently.. shall have no 161'ce of- effect. l'aillll -C to cc)rllply with lenlls and condltiow), incllli1111f_- illose specllyin,.L IIIIUI- Il1allOil that 1111151 be submitted \\ilb a I'espollse. Shall be gound5 fol' 1'Clectino a 1- espoilse. 2.ti Questions Respondent; shall address all questions rr,I,arding this Solicitation to file Procurerlletlt Officer. Questions must be subnlitled vla the Q &A Boat-d mthin 1viyFloridaMarkctPlacc anti must he RFVFlVl:D NO f.AITR THAN the time and (late reflected oil the Timeline. Questions shall be answered in accol- &'.mcc v%ith the I Imeline. All questions submitted shall be Page 16 m published and answered in a planner that all respondents \\ill be able to view. Respondents shall nut contact anv other employee of the 13uyer or the State i,01. inforntatic.m with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaNlarketPlace site tier new or changing information. the Buyer shall not he bound by any verbal information or by any written information tllat is nut contained within the solicitation documents or formally noticed and issued by the Buyer's contracting. personnel. t,)lle%,'IiOlis to the 1'rocurenle[it Officer or to any 1:3uyer personnel shall not cortst 11.1te formal protest of" the specifications or of the solicitation, a process addressed in paragraph 20 of these Instructions. 2.6 Conflict of interest 'this solicitation is subject to chapter 112 of" the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent \\ 110 is also till entplol ee of the State. Respondents shall also disclose the. Millie of any State employee who owns, directly or indirectly, an interest of live percept (5 %) or more in the respondent of- its all IIiates. 2.7 Convicted Vendors A person or affiliate placed on the convicted vendor list following a conviction 101- a public entity crime is prohibited from doing any of the following for a period of' 36 months from the irate ol' being placed of) the convicted vendor list: • sulmliiting a bid on a contract to provide any goods of- services to a public entity: • submitting a bid on a contract �\ ith a public entity for the construction or repair of a public building or public work: • submitting, bids on leases of real property to (a public entity: • being awarded or perlormim) work as a contractor. supplier, strbcont'ac1o1% or consultant under a contract with any public entity: and • transacting, bLiSll)CSS with any jNlbIIC CpU1% Ill Ccess of the' C'Cnegory Two threshold amount ({? >.000j provided in section 287.017 ofthc F=lorida Statutes. 2.8 Discriminatory Vendors An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.1 34 of the 1 lorida Statutes may not: • submit a bid on a contract to provide any «odds or Sel'wieCS to a public entity: • submit a bid ctrl a contract with a public entity tier the construction or repair of a public building or public work: • submit bids on leases of real property to a public entity: • be awarded or perform work as a cont<lctor, Supplier. sub - contractor% or constdt Ilt under a contract with anv Public entity, or • transact business with any public entity. 2.9 Respondent's Representation and Authorization In submitting a response, each respondent understands, represents. and acknowledt)cs the ioliowing 61,1110 respondent cannot so certify to ally of lbllowinau. the respondent shall submit with its response a written explanation of why it cannot do s0 ). + The respondent is not curremiv tinder strspensiun or debarment by the State of' any other governmental authority. « TO the best of the knowledtle of the per,�an sionin,). the response, the respondent. its affiliates, subsidiaries.. directors, officers. and employees are not c:urrentiv under iuve tioation by any governmentai authority and have not in the last ten (10) years been convicted or bond liable for anv act prohibited by law in any jurisdiction, involving conspiracy: or collusi.un will) re.spec:t to bidding on an\ public contract. + itespondent rtn'remh has no dclinqucni obii4,atiotts to file St: 11e. including a claim by the State for liquidated 4alt)age'ti 111141'1' ally 011101- coiliracl. • The submission is made ill good faith and not pursuant to any aorec:nlent or discussion with, or inducement from. anv firm ar person to ulhnlit tl cnmilcrncntary of- other' noncompetitive response. • The price and amounts have bull arrived at incicpendellik :111d \\4110[11 eonsuitatioll. C01111MIllicall0tl, 01' agrecn)cnt with any other respondent or potential respondew, neither the prices nor amounts, actual or approximate. have been disclosed to am respondenl or potential respondent, and tile\ will not be disclosed before the solicitation opening. Page 17 • The respondent has fully inl'ornted the Buyer in writials�), of all convictions of' the firm, its affiliates (as defined in section 287.1 11( 1) (a) of- the f lorid1l Siatrtes), and alt directors. oflicers, and employees of' the firm and its affiliates for violation oI, state or federal antitrust laws with respect to a public contract f'or violation of any state or Icderal law involving fraud, bribery. collusion, conspiracy Of- material misrepresentation with respect to a public contract_ This includes disclosure of the names of Ctureni employees who were convicted or contract crimes while in the employ of another company. Neither the respondent nor arly person ,associated with it in the capacity of owner, partner, director. officer, principal, investigator, project director, manager, audititr, or position involving the administration o1' federal funds: 0 1 las within file preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise crirlhirlally or civilly charged tbr: conlnlission 01' T-aud or a criminal offense in connection Willi obtaining, attempting iu obtain, or performing a federal, state, or local government transaction or public contract; violation oi' Icderal Or state antitrust statutes; or commission of embezzlement. theft, forgery. bribery. falsification or destruction of records, making liaise statements, or receiving stolen property: or Has within a three -year period preceding this certification had one or more federal. state. or local government Contracts terminated for cause or default. • The product offered by the respondent will conform to the specifications without exception. • The respondent has read and understands the Contract lerms and conditions, and the submission is made in conformance with those terms and conditions, • It' an award is made to the respondent. the respondent a�,.recs that it intends to be legally bound to the Contract that is formed with the State. • The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving. of- submitting the response, and has been advised by each of Thera that he or she has not participated in ally communication, consultation. discussion- agreement. collusion, act or other conduct inconsistent with any o1' the statements and representations made in the response. • The respondent shall indemnif4v, defend, and hold harmless the l3uver and its employees against any cast, damage. or expense which may be incurred or be caused by arty error in the respondent's preparation of its bid. • All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Cont-acl. Any misstatement shall be treated as fraudulent concealment front the l ;uyer of, the true facts relatin,.I to submission of' the bid. A misrepreseattatioW shall be punishable under law, includin,7, but not limited to. Chapter 817 of the Florida Statutes. 2.11l Manufacturer's Nanic and Approved Equivalents unless otherwise specified, any manutaacturCl rlanhcs, trade Warms. brand names, information or Cataloi numbers listed in a specification are descriptive, not restrictive, Will tie Buyer s prior approval- the Contractor illav provide any product that meets or exceeds the applicable Specifications, The Contractor shall demonstrate comparability, including: appropriate catalm) materials, literattare. specifications, test dicta, etc, Fite. Buyer Shall determine in its sale discretion whether a product is acceptable as all equivalent. 2. i t Verformance Qualifications 'I he. Bever reserves the right to investigate or inspect al am time crllether the IlrocfuC1. qualifications, or facilities offered bN Respondent meet the Contract r'equirenlenis. Respondent shall at all time, dLJring the Contract term retllalin responsive and responsible, In determining. R.espondcnt'S responsibilky as a vendor, Ute a; enbN shall consider all information or evidence Which is gathered or coshes to the attention of, the a�ociley achich demonstrates the Respondent's capability to fully satisf'v the requirements of the solicitation and the contact. Respondent trust be prepared, il'regllCSlCd by the Buyer, to present evidence of- experience, ability. and financial standing. ,is Well as a statement as to plant, nnachinery, aril capacity of the respondent for file production, distribution. anti servicing ol'the product bid. It -the l3uver determines that tilt conditions of -the solicitation docullwilts are not complied with. err that the product proposed to be ft.u'nishcd does not meet the specified requirement,, or that the guilIifiCali0l)s. PnlanCial stanchng. or faCllitiCS are not satisfactory- or 111:11 perforntancc is liminhely, tic l3uver nuav reject the response. iii- Terminate the Contact. Respondent IMIV be disqualillCd Iroim 1-CCCiving alward5 if respondent, or a:anyone in respondent's emtployntent, has previousl�L failed to perform satislaciorify in connection +tith public biddim') or contracts. This paragraph shall not mean or imply Thal it is obligalory upon the litrvcr to make an imestipation either belore fir alter award ofthe Contract, but should Parse Is &r: k the Buyer elect to c10 so. respondent is not relieved trim fulfilling all Contract requirements. k 2.12 Public Opening Responses shalt be opened on the (late and at tile location indiciltccl on the Timeline. Respondents may, but are riot required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 1 19.071(1) (b). Florida Statutes. Any person acquiring it special accommodation because ol'a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opelling. It' you are hearing or speech impaired, please contact the Buyer by using; the Florida Relay Service ill (800) 9» -8771 (TDD). 2.13 Electronic Pasting of Notice of Intended Award Based ion the evaluation, oil the date indicated on the 'Timeline the Buyer shall electronically post it notice of intended IMa 11 d at httu; / /fcll.state.tLus /owa vbs /o\va/vbs »ww.nlain menu. I f the notice of avvard is delayed, in lieu of posting the notice of intended award the 13uyer shall post it notice of the delay and a revised dale for posting the notice of intended award. Any person who is adversely affected by the decision shall file \with the. Bever a notice of protest within 72 hours after the electronic posting,. The Buyer shall not provide tabulations or notices of award by telephone. 2.14 Firm Response The BLJVCr may slake all award within slxiy (60) days after file (.late of the. opening.. during which period responses shall remain firm and shall not be Mthdrawn. It award is not. Ronde within sixty (60) days. the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn, Any response that expresJes a Shorter dllri liOrl Illay, ill file Bllyer's sole discretion, be accepted of rejected. 2.15 Clarifications /Revisions Belore sward. the Buyer reserves the right to seek clarifications or request any intilrmation deemed necessary for proper evaluation of submissions trom all respondents deemed eligible for Contract award. Failure to provide requested inl`urmation may result in rejection of the response. 2.16 Minot- Irregularities /Rihht to Reject The Buyer reserves the right to accept or reject any and all bids. or separable portions thereof, and to waive ally minor irregularity, technicality, or onlission if the. Bulver determines that doing sal yvill serve the States best interests. The Buyer may reject any response not submitted in the manner specified by file solicitatlon documents. 2.17 Contract Formation File Buyer shall Issue a notice of nwatrd. if any, t uccessfltl W-SpOIRlent(s), however. no c.orltract shall be forilled beiwveen respondent and the t.iuycr until the 13M QV Sighs the C'onirlct. t he 131.1yer shall not be liable Cor any costs incurred }ly it respondent in preparing or producing its response of' for any wv ork performed before the Contract is effective. 2.18 Contract Overlap Respondents shall identify any products covered by thi 01161ation That ticy arc cturently authorireil to furnish under any stair term contract. By entering into the Contact, a Contactor authcori /es the RuNer to eliminate duplication between agreements in the manner the Buyer deems to he in its hest interest. 2.19 Public Records Article f, section '4, Florida Cons Horida Statutes, provides a broad de records unless exempt by limy Any public records law shitll clearly sego exemption. 2.20 Protests ilulion, inititon of, responder eptilte and larartee eNery person access to all public records. and Section 119.011 public record. As such. all responses to a Competitive solicitation are public. I Chimin(1, that its response contains informaticm that is exempt fi•onl file mark that irllornmtion and provide the specific statutory citation lily such Any protest concerning this solicitation shall be made in accordance cyith sections 1 20.570 and 287.012(2) of the Florida Statutes and chapter 1.8-110 of the Florida Administrative Code. QUCStlollS to the PI "OCtlremelll Officer shall not Constitute Formal notice of it protest. It is the louver's intent to erasure that specifications are written to obtain the best value fior the Pape 19 State and that specifications are wrillen to ensure compelitivcnes. fairness. necessity and reasonableness in the solicitation Process, Section 120,57(3))(b), F.S. and Sec.tiim 28 -1 10.003. Fla. Admin. Code require that a notice of'protest of the solicitation documents shall be made within seventy -two hours after (Ile posting of the solicitation. Section. 120.57(3)) (a), P.S. requires the following statement to he included in the solicitill ion: "i't:tilurc to file a protest )vithin the time prescribed in section 120.5'7(3). Florida Statutes, shall constilute a waiver of proccedin.gS under Chapter 120, Florida Statutes." Section 28 -1 10.005. Fla. Admin, Code requires the Io]lo\\ing statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 11.0.543), PlOrida Statute,, or failure to post the bond or other security required by law .within the time allowed tier filing n bond shall constitute a waiver of proceedings under Chapter 120. Florida Statutes." 2.21 Limitation on Vendor Contact with Agency During Solicitation Period Respondents to this solicitation or persons acting on their beftaif may not contact, between the release oft-lie ' solicitation and the end of file 72 -hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays. any employee or officer 3))f the executive_ or legislative branch Concerning any aspect of this solicitation. except in writing, to the procurement officer Or as provided in the solicitation doCLIMeMS. Violation of this ill'!)Vl�tOit it)A \•' t1E` S�t'hnn(tc trv' n�irrtirui a r�c rv�nc+ (The remainder of this patio is intentionally left blank ('ot)rer flan tooter information) Pit,c 20 f e. CONTENTS: 3.1 Definitions 3.2 SECTION 3.3 Contact Person 394 Who May Respond 3.5 Myp'IoridaMarketPiace Overview 3.5.1 THREE, 3.5.2 MyFloridaMarketPlace Sourcing 'roof '1'rainirrg SPECIA14 INSTRUCTIONS TO RESPONDENTS 3.S.S Questions & Answers 3,6 Amendments or Addeudums to the Solicitation Documents 3,7 CONTENTS: 3.1 Definitions 3.2 Purpose and Scope 3.3 Contact Person 394 Who May Respond 3.5 Myp'IoridaMarketPiace Overview 3.5.1 1`' IyFloridaMarketPlace Vendor Registration Application 3.5.2 MyFloridaMarketPlace Sourcing 'roof '1'rainirrg 3.5.3 sourcing Tool Tips 3.5.4 Email Notification 3.S.S Questions & Answers 3,6 Amendments or Addeudums to the Solicitation Documents 3,7 Order of Precedence 3.8 Submittal of Response 3.8.1 Price Sheet 3.8.2 Ordering Instructions 3.8.1 Authorized Dealers & Manufacturer Representatives 3.8.2 Savings /Price Reductions 3.8.3 Product List 3.8.4 Certification of Drug; -Free Workplace 3.9 Purchase Orders or Invoices for Reference 3.111 Environmental Requirements 3.11 Recycled Content Requirements 3.12 Manufacturer's UR1., Address for Dedicated N ebsite Address 3.13 Cost Savings Objective 3.14 State Objectives 3,14.1 Diversity 3.14.2 Environmental Considerations 3.14.3 Certification of Drug -Frec Workplace Program Page 21 a. pj 3,14.4 Products Available from the Blind or Other Handicapped (RESPi?CI 3.143 Prison Rehabilitative Industries and Dive_ rsifed Enterprises, Inc. (PRll)E) 3, 15 Basis for Award 3.16 Special Accommodation . Ad 4; [The remainder of dais page is intentionally left blank (other than footer intirrmation)l 3.1 Definitions The definitions found below (alphabetical order) and 1'el Crenced in (;eneral 111S11'lictiOilS to Respondents, (PUR 101)1) Section 2.1 and General CIolltract Conditions, (P(R 1000) Section -1.1 of the 1,113 shall apply. Delivery Methods -- Definition of `Perms I)rap- 5hila: i`UI3 Destination. Orden. shippe�l._il.ircctiv_h,� a Ilmnuflcturcr to the purchaser or user. Item; delivered to the orderino a gencv shall be unloaded by the delivering calrier and placed on the ,genc:y's loading dock. If 117e1'c is no lolldin ; clock. items shall be unloaded by the delivery carrier and placed in a space 1111117CdiatCl }' adjacent to Ile catrl'ieI' t'; veltle'le' at the dClivery location. Delivered Not. Inswiled: l )n deIIveyej Moll -iIIsu fled orkl l's ,lolls (IQ hvelvd to IIle ordel'ing apelley shaII be unloaded by the delivering c,lrricr and placed on the agency's loading deck. It there is no loading clock, items ,11,11 be tnlioMded by Ole ciehvci'l Carrier and placed ill a space immediately .Wjacem to the carrier's vehicle at the delivel'v loentlon. Inside Delivery, Non - Installed: On oi'dc1's specifying Inside (Moll - installed) delivery, items shall he unloaded and delivered, in the shipping carton. to the ordering .loency b� the delivering carrier and placed inside the door on the first or ot-ound level floor of the- huildiffil Installed Delivery: On installed orders. (open, set in place. ready fix use) the Conu•actor or the delivering carrier. acting as the. Contractor's agent, shall be responsible for receipt, inspection, and assembly of items delivered in the area designated by the ordering agency, as well as prompt removal auld disposal of all debris which is a result of tie delivery. The ordering auencN shall be responsible for the i imMiiate removal of any esistillg iui'niturr ii'onl the alma in which the contract items are to be installed. I:levator(s) must he made available if more than one story. 11,110 elevator is available, delivery will be made h 111e grclund floor, or additional delivery lees nr<ly be negotiated. Department ( httf� ::!Idn7s.iYl1_Iloridaa.c�ou_t): l,hc I)cllartment of Service, for the State of Florida. ISMS provide; administrative support for stall agencies and state e17p1oyee.s. l>a „e > 4: 6,:: &: P Eligible User of the Contract: Fli;gible users .Ire delined in Rule. 60A -1.00 . Florida Administrative Code (F.A.C.) as 0) all 34 State agencies, (ii) all other governmental agencies. as defined in Section 163.3164. Florida Statutes. which have a physical presence in the State of Florida• and (iii) any independent, nonprofit college or university located in Florida and accredited by the Southern Association of C'ollcges alld Schools. Specific.41rNhu -ill) ')S .04 1 (I IN Luw Implememecl ?,,S'7 012 (1 2) If' S. Hi.wn)'t' ;2 11' S- 14-0 -1. Envii-on men tally Preferable Product (FIT): A product or service ,trot has a lesser or reduced effect on IM111an health and the environment when compared with competing proaductS or services that serve the same purpose. Such products or services may include. but are not limited to. those which contain recycled content, minimize waste, conserve energy or \eater. and reduce the amount of toxics either disposed of or consunlc(I. Environmental Policy or Mission: A statement or philosophy by the organization of its intentions and }principles in relation to its overall environmental performance. which provides a framework R>r action and tier the setting of its environmental objectives and larticts. GSA: AcrOnvm for the tI.S. General Services Administration. GSA lever, federal government to acquire best value file taxpayers and federal custome about GSA. please visit the U.S. General Service Administration at: htiji!!k 1T13: Acronym for Invitation to Bid. iges the buying power of the -S. For additional information Manufacturer(s): The original producer of a commodity andior Contractual service. MSRP: Acronym ror the Manufacturers Suteested Retail Price. recommended retail selling, price, list price. publislled price or odl be paid by the purchaser ror specific commodities and Contractual resulting front the solicitation. It must publically listed, available. It rel)rC:sCIIIS the MallUfaCtUrer's 21- usual and cttsicmlary price that would services \without benefit of a Contract eind verifiable by the Department. Post - Consumer Content: Materials in a recycled product which are derived front bUSir1eSSe5 or a>nsUlllerS after having served their intended uses, and which have been separated or diverted from Solid waste fi)r the purpose of collection. recycling. and disposition. Post - Industrial Content: Materials generated by nl,mufaClurel'S Or product converters, such as trimmings, overruns and obsolete products, that are incorporating, back into the manufacturing process of the saute or different products are considered post - industrial materials or scraps. Recycle (w,ww.epa.g,cw): Collecting recyclable materials 111,11 would otherwise be considered waste. sorting and processing recvclables into 1.8 \ \� materials such as fibers, illanut,10tll'lntj raw I1lalerialS Into i1C \w pl'OdUctS, and purchasing 1'LCylll(t products. SCS Indoor Advantage' ": The Scientific C•er6fication Systems (S('S) organization was founded in 1984 as an internationally recognized, neuU•al third pony to rertil'N environmenUilly safe indoor products. The S(.'S Indoor Advantage certification proOram identifies those products that meet spccilic indoor air quality emission regUircnlents. These standards are set by the Business and Institutional 1= tlrniture Mantifimurer's Association (BIFMA) and the tI.S. Green Buildlilg C'ouncil's Leadership in Energy and I;nvironnlental Design (I TI)). I�he pro,)ranl applies to any non - flooring product geIICrally Used within an enclosed indoor environment incltldink, \ \all C(1\'el'ti1gs. SvS1e111S furniture. Ciasegoods. and insulation. SCS Indoor Advantaf;er "Gold: Tile pro�.lraan tests and certifies products for compliance with the indoor air quality emission requirernents of 1311 tv1A, l l.l.l). and California Section 01 3�0. an environmental standard specification to cover key environmental performance issue,. State: means the State ol,11lorida. 3.2 Purpose and Scope The State of Florida. Department of Management Services, invites interested Respondents, to submit proposals in accordance with the solicitation documents. The purpose of this fff3 is to establish it forty -eight month (48) State Ternl C'ontracl t()r the purchase of OHICC Flil'lliIIII -C &. Files with the potential option Im renewals as allowed by Chapter 287, Florida Statutes for purchase by all State Agencies and other eligible. users. 3.3 Contact Person The following person is the Department's SOLE point ol'cc>nmct li'Olil tile (late of release of this 1 "l'13 until selection of' successful provider(s). Brenda Wells, C'I'I'13. I C'f'ti1. FC11A. FCC,M Purchasin;o Analyst. I earl I_.ead Stale of Florida Interior Design License #00029,2 Department cif 1Vianagenlent Services Division of'state Purchasillo 400 L'spianade Wa.\. Suite 360 Tallahassee. Florida 32 399 Telephone: (850) 488 -6904 Fax: (8JO)ell4 -6122 F_mail;_f3rcnd l.Wellscr?dm1. \1� f;,lorie!<i_ccml 3. 4 Who May Respond The Department seeks Responses 1' 1'011-1 nlamtfacturers holding current Federal (GSA) Contracts tier products offered 0n this Contract. Though the Department intends to contract directly with manufacturers. the Department encourages the participation of certified minority business enterprises ((.'v113L.). Irlfornlatioll oil CMBI* *s is available from the Office of Supplier Diversity at lit tk>,I!osd,_d ill s. tate.11.uti. Eacll Respondent must be authorized to conduct business w ilh the State of' Florida, and possess the experience and Personnel resources to provide the product; and services descrihed in this IT13. The Department retains the right to request additional information pertainiiag to the Respcmdent's ability and qualifications to accomplish all services described in this ITB as deemed necessary during the 1'i 1.1 or after contract award. 3.5 MyFloridaMarketPiace Overview- The Departnlertt uses the MyFloridaMarkeiPlace system (NIFMP) to receive Responses electronically. This solicitation will be conducted using the MyF'loridaMarketPlace Sourcing Tool. 3.5.1 MyFloridaMarketPlace Vendor Registration ,application Vendors infest have a revised, current, anel complete Vendor Registration Application identified on the MyFioridaM,arketPiace Vendor Registration System at: 11ttp� �h��_nd0r.trt� flottdanlarki'lt�l�tec.e�>m /. if you have not registered or have requested a registation update. please be 8dVised thal a Illillillltlill Of fOr'ly-61111 (48) hours Will be required for access to the Myl loridaMarket4'lace OUI-Clni). Tool. (:'onlpietion of this registration is mandatory for those- Vendors who Nish 10 submit a RQsponse. 3.5.2 MvIlloridaMarketl' Fur lace Sourcing Tool Training the Sourcing 1001. Vendors should CimtaCt This solicitation Will be conducted usiil.> the ktyFToridaMarketf' lace. Sourcing Tool at: (11= 1�)5:!�SOtlr'Cin4 _Ill j�OtldllllcrrkCl {tjC COIt1 -. Opliolial i1- aitlillo Oil how to respond to this solicitation electronically vcndorhel.h��i is otlered at: �lllp!itlltlC� ( )I l(,C 111\ I7.Otiil LCi)iI1 �Cildi)t)�'ClldOt' solicitillion lich):hlill. While training is optional, we strongly recommend you take mlvanta „e of' this offer'. ~- - — 1110 SOnrcill,') 1001, I)IeaSe Visit the 1v1yFloridaMarketPlai'i �eeisite at the DoeVnload and review the docmnellt titled -I I B I:vc m I. Guide.” Page 24 Fur all technical eluestions a1)0xlt the Sourcing 1001. Vendors should CimtaCt tile: MyHoridaMarketPlace Customer Service Desk at 866 -11_A- -IRO (866 3~2 -3776) or: vcndorhel.h��i m� florid�lmark laces calm. • For additional intormillion or ii%,.Jslallcc Oil uslil'.t 1110 SOnrcill,') 1001, I)IeaSe Visit the 1v1yFloridaMarketPlai'i �eeisite at the 16110wing link: }ltip % /marl G �iaic n_i�':,Ilurt�l t,<<)m'� endot �rndc�t sulicii<3toll helkl_hlrn. Page 24 ra 'FIliS Site inclu(iCS; a. SOlicitativn User GuideS b. On Derlrand vNeb -based Sourcing training, link c. WinZip FAQs d. Vendor FAQs C. 3.5.3 MyFloridaMarked"lace Sourcing Tool "Pips When working in the MyFloridaMarketPlace Sourcing Tool. be aware of rile twellty (20) minute tinge out function in the tool. This means that volt should Save four work (click the SAVE.' button) at intervals of less than twenty (20) minutes to Cnsure yot.rr entries Since you last Saved are not lost. Please note that clicking the SAVE button within the MyFloridaMarkelPlace Sou1-ciM4 Tool only ;raves your Solicitation Responses. The SAVE button flocs riot transmit your solicitation Resnonse to the State. In order to transmit your Solicitation RCSponsC to the Stab, you muse click the SUBMIT button on the. SUMMARY page of the Solicitation Response. After clicking the SL113N111 button. i the MyF IoridaMarketPlace Sourcing the MyFloridaMarketPlac:e. Sourcing the solicitation period in the event yc I is the RespondenCs responsibility Tool to verily that the Response is Tool. Respondents must do this \� M discover all error and need to res to check any Submitted Response within accurately and completely captured within hale there is Sufficient tinge relliartlam0 in ubmit a revised Response. To validate your RCSI)MISC. You shoul(I do the ti311o\\ illg before the solicitation period ends: 4 Go to the "Mv Bids % My Responses" tab within tile MyFloridaMarketPlace Sourcinul '1001 after You Submitted your Response. • Click on the Response I1.) number iafy =our last Submitted Response. • Review entire Response to make Sure all responsCS arc complete. acau•ate. and as you intended to Subillit. Minimum areas to check are: 'I ext bUXCS - Is your Cntire answer view,:able? • Ye 'No questiow, Is the displayed answer correct') All uploaded document files Can you open attached document(s) and clearly view entire content? Does the content of the filets) match your intended Response within the 11yFlorida�l<u kctPlace Sourcing 'Fool (e.g.l not an earlier version, incomplete copy. or working copy)" • Pricing and Other 1111,61-nration Are all Prices and other inlormation you intended to suhnlit visible ;and accurately captured ee ithin MvFktridaMnrkeiPlace Sourcing Fool' Required hcm%ti - Are all items listed in the >olicitatiun coltlpleted as required «-ithin the M v I lori(.ill Mark elP] lice.. Sourcim, Fool:' DO NOT RELY ON THE MYI I_ORII)AMARISL'I'l'l..A(:'E: SOURCING TOOL'S TIME REMAINING CLOCK, THE OFFICIAL SOI.IC'I'TA"I'ION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, EVI?N 'I' TIMELIN14'. I•he Response deadline(s) shall be as reflected in Section 1.2. Fvent '1 imeline, of this Solicitation. The MyFlorida wlarketPlac:e Sotncin: l ool's time remaining, clock is not ille oflicial submission date and time deodfhle_, it iS intended only to approxilllrate rile Solicitation closing and may require periodic adjuSlnlentS. It is stron0v recommended that Yoe► submit your response as carlv_as possible. You should alloy + time to receive any re(lue>ted aasistancc and w receive verification of, your submittal; awaiting. until the last hour's of the >olicitatiorl could impact the lintelv >uhmitt,nl ()I,.\ mir response. 3.5.1 Email Notification Respondents are reminded that the Sourcing Tool's entail nolitications arc an option provided to Respondents as a courteSY. The State of [.]Orida is not under ally obli,zation and does not guarantee that Respondents \Nill receive Page 25 entail Notifications concerni110 the posting, at»crldnlent or close of IIT3's. Respondents are responsible for checking the My1`loridav9arketPlace. Sourcing fool and the Vendor laid System for information and updates concerning this 1 "I'll. 3.5.5 Questions and Answers Respondents shall examine this solicitation to determine il'the Department's requirements are clearly stated, if there are any requirements which are unclear or objectionable. Respondents should submit notice 10 the Department using the Sourcing Tool's ()(;.LA Board by the due date for Respondents to submit. questions listed in the [;vent 'f'inleline. Please note that questions will NOT be answered via telephone or fax. The Department shall post the answers to the questions via the Myl.IoridaMarketPlace Sourcing Tool by the date stated on the. [:vent Timeline. Each Respondent is responsible tin- monitoring the k4yFlol-i(ialM ii•ket'lice. system for new or changing information. The Ucpartnlent shall not be bound by any verbal inlormation or by any written information that is not either contained Within the solicitation documents or COrnlally noticed and issued by tile. ITB sole plaint ofeontact. Questions shall not constitute formal protest of the Spec if icatioils or of *thc solicitation. The formal protest process is described in Section 2.210 Protests. 3.6 Amendments or Addendums to the Solicitation Documents The Department reserves the right to issue amendments or addendum addendum will be posted within tile: MyFloridaMarketPface Sourcing required, will contain the appropriate details f rr idelliifj illg alld or rev Respondent is responsible for rtxlnitoring rite sites for new or charlgirlg is to the solicitation. Notice of any amendment or Tool and the Vendor Bid System. Such notice, if icwing the formal changes to the solicitation. Each information concerning this solicitation. 3.7 Order of Precedence Respondents are encouraged to carefully review all materials contained herein and prepare responses (accordingly. In the event Oily conflict exists between[ till' Special and Gel)CNAl hlstrUCtlons, file Special Instructions shall prev-tail. Ill the event any conflict exists between the Special and General Conditions. the Special Conditions shall prevail. This Section, 3.7, supersedes and replaces Section 2.4, Oenerll Instructions `fermis and (.' nditions. All responses are subject to the terms ofthe following sections ofihis 1113 which, in case of conflict, shall have the order of' precedence listed: A) Introduction b) Special Contract Conditions C) Special Instructions To Respondents (1) Grncral Contract Conditions (1'11R 1000) e) General Instruction to I:r >pondents (P(,R 100 1 ) I) Price Sheets g) i orms the Department objects to and shall not consider any additional terms or conditions submitted by a Respondent. including any appearing in documents attached as part of a Respondent's Response. In subillitting its Response, the Respondent agrees that any additional terms or conditions. Mlether submitted intentionally or inadvertently, shall result in the disqualification of the Respondent's Response for ally ol7ers associated with the additional terms or conditions. Failure to comply with the- solicitation requirements. specifications, term,. and conditions. including those specifying information that must be submitted with (11 Response. may lie ,rrixulds 1i >r r <jcctin a Response. 3.8 Submittal of Response Respondents shall submit their oiler ornate vial the. Myl loridalvtarkeil' lace Sourcing pool at: lit rRs:8soureites ill floridam trketplace.cOn_t. Of'FERS MUST BE SUBMITTED IN T`IIF VIYI� i.,ORII)AMAI1 Kli'lli l..A('Ii' SOIiIZ('IN(a TOOL BY THE DATE AND TIME SPECIFII D ON T1111 EVENT,,T'IMELINI?. Offers not submitted within MyFloridaMarketi'lacesball be rciectcd. Page 26 C, b 3 k �i 2C ki r$ SUBMIT 3 k �i 2C '1 he. Department shall not consider late offers and the Sourcing 'fool will NOT accept oilers after the closing date and time speeified in the [;vent 'Timeline or as amended by the L>epartUnent. Each Respondent is responsible for ensuring that its response is submitted at the proper tints. In the event a Respondent submit; more than one response in the MyFloridaMarketPlace Sourcing Tool, only the last Response received by the system shall be considered for award. Previous responses will not he visible to the `Mate of Florida. The Response Preparation Checklist is provided to assist submittal but sloes not relieve the Respondent of responsibility for enstu•ing that all Requirements of the I'T'13 are. included with the Response submittal. The followiney documents must be uploaded into the Respondent's. _Response within the MryFloricfaMarketl' lace Sourcini Tool*: 1, Price Sheet 2. Ordering Instructions Form 3. Authorized Dealers & Manufacturer I2cpresentatives Form 1. Savings /Price Reductions Form 5, product. List Form 6. Certification of Drug -Free Workplace Form nI't• Is STRONGLY d< TI1A I YOU SUBMIT '1 he. Department shall not consider late offers and the Sourcing 'fool will NOT accept oilers after the closing date and time speeified in the [;vent 'Timeline or as amended by the L>epartUnent. Each Respondent is responsible for ensuring that its response is submitted at the proper tints. In the event a Respondent submit; more than one response in the MyFloridaMarketPlace Sourcing Tool, only the last Response received by the system shall be considered for award. Previous responses will not he visible to the `Mate of Florida. The Response Preparation Checklist is provided to assist submittal but sloes not relieve the Respondent of responsibility for enstu•ing that all Requirements of the I'T'13 are. included with the Response submittal. The followiney documents must be uploaded into the Respondent's. _Response within the MryFloricfaMarketl' lace Sourcini Tool*: 1, Price Sheet 2. Ordering Instructions Form 3. Authorized Dealers & Manufacturer I2cpresentatives Form 1. Savings /Price Reductions Form 5, product. List Form 6. Certification of Drug -Free Workplace Form nI't• Is STRONGLY 11ECOMME;NDE;1) TI1A I YOU SUBMIT i' YOUti I2ESPONSE: AS EMILY .1S POSSIBLE:. YOU SHOULD AL:LONk '1ItiTl: '1'0 RE:CE:IVE ANY REQuI. STE D :kS`sISTANCE; AND TO REC LIVE VE.RIFIC'A"T-ION OF YOI. R SUBMIT °L:kL: WAITING UN I'll, VIIE' LAST ITOLSRS OF TIIV SOLICITATION ('OL'LI) I,Yf1'AC'1 I'I #E; TIMELY SItB4f1 "I'rAt, OF YOIt11 RESPONSE. 1)O NOT RELY ON h1iE iYFL ,t:)I211)AMaI2Kf�'i'PL,AC "E" SOURCING 1'00L*S CI1I1.-, IZFMAININC CLOCK, THE OFFICLAI, S<.)I.ICI'I A "PION CLOSING "LIME: SILRI.1. BF. A4 ftl.l I.E:C'LE;I) 1N "I'll E: PA ENT `TIMELINE: OF THIS ITB. Additionally. the following inibr•ittation must be received 13v the contact person below no later than the Response Opening Late. &Y Tinte. Please refer back to the. Event Tintelitte for Dates and Times. 1. Current Manufacturer Published Price List /Book* (compact disc — CD) (Section 5.10) Cover page and table of contents must be included with price pages. *Consistent with GSA Contract. 2. Current Federal GSA ('atalog /Price Book (compact disc - CD) (Section 5.10) Cover page, terms and conditions. table of contents must be included with price pages. 3. Copy of your GSA Contract (compact disc - CD) (Section 5.10) Documentation of the price. discount and tiers offered must be submitted with tile: Response. 4. purchase Orders or Invoices for Reference (Section 3.9) 5. Environmental Requirements (Section 3.10) 6. Recycled Content Requirements (Section 3.11) 7. Manufacturer's URL Address for dedicated website address (Section 3.12) Failure to provide all requested information within the 1 estxgnse_mav result in rejection of the Resimise_ Omer packaging shrill clearly state Bid Title. Bid (solicitation) Number, Bid Opening; bate and Timm. 3.8.1 Price Sheet Price Sheet Responses shall be submitted on the Price Sheet Form, Section 6.1. All pricing shall duplicate GSA price lists and discounts for every item offered. Relea-ence Prices /Discounts. Section 5.10 and Balance -of -Line Price /Products, Section 5.11. This document must be uploaded into Respondent's Response within MyFloridaMarketl' lace. Failure to comply with this requirement shall result in disqualification of Response. 3.8.2 Ordering Instructions Form (Section 7.1 On the Orde6n;tl instructions I orm Respondents shall identity persons responsible for answering questions about the Response and ad ill inisterint) the Contract. and shall provide information necessary for plaeint>, order, under rite Contract. "this document must be uploaded into Respondent', itesponse within MVFloridaMarketPlace. Pale 27 6v IP Failure to comply with this requirement may result in disqualification of Response 0 3.8.3 Authorized Dealers & Manufacturer Representatives Dorm (Section 7.2) Respondents are required to name at least a millimum of two (2) different servicing dealers for the State of Florida. Respondents are encouraged to use certified Minority Business Enterprise dealers. Reference Authorized Dealers & Manufacturer Representative, Section 5.27. This document must be uploaded into Iles Pon den t's Response within MyFloridaMarketPlace Failure to comply with this requirement shall result in disqualification of Response 3.8.3 Savings /Price Reductions Form (Section 7.5 Respondents shall submit one ( i ) accurately Completed Savings /Price Reductions Form with their Response containing . the r•rtiuired S tvinp information offered to the State of Florida. The Savings /Price RedtlChOnS Fclrnl Will be subnlitlCii electronically IlSiug the MFMP Sourcing "fool, per Section 3.5 of the Solicitation. This document must be unloaded into Respondent's Response within MyFloridaMarketPlace. Failure to comply with this requirement may result in disqualification of Response 3.8.5 Product List Form (Section 7.6) I'll o Prnrl nr+ 1 ;CI r.f. P, II 1: ...� • •�•.....,., ...rrr. . ,nn. 1.7 ,. -11v% WIN I, III CAiI i.nun i ln,.' NI 11 ,r. .4'+'. 1 1. .1, 1-1-n I,1 ri i I l I;Ii ill liS, mtJ l/1 ICI IV LitlUL"I II II I 1 r) .I_: II. n1 I_. YV I11 G 11 \h'l II L; k: available on Sfle be able to vie \\ - This document State. of 1 :10rlda O l)ce FII the Contractors nallle for must be unloaded Into I'll iIUre ct FiICS (.I01111dC1, sal ible users off his Contract wiII CaCll listltl!? t leCked Oil file State Ptlt'ChaSlllO Contract website. Respondent's Response within tMvFloridaMarketPlace Failure to comply With this requirement ►nay result in disgualification of Response, 3.8.6 Cert'itication of Dru„ Free Workplace Form (Section 7.3) Respondents Shall Submit one ( i) accurately completed Certification of Drug -Free Workplace Form With their Response Certifying, the Respondent has a drug -free \\orkplace program. The Certification of' Drug -Free Workplace Form Will be submitted electronically using the WIMP SourCirlg'Fooi, per Section 3.5 of the solicitation. 'Phis document must he uploaded into Respondent's Response within MyF'IoridaMarketillace Failure to comply with this requirement rnav result in disqualification of Response 3.9 Purchase Orders or Invoices for Reference All Respondents shall furnish a minimum of three (3) projects sold to "I;ligiible Users" (see Definitions. Section i.l ) completed in Florida in the last 24 months including the name oftlIC C'ustonler responsible personnel and phone number Where this specific type of furniture is installed. Copies of the purchase, orders or invoice: must be legible and idenlif'y the elate. C'usronler, specific furniture type and price. Three (3) purchase orders or invoices shall be submitted with the mailed Responses and received b.v tiler Copulas person no later than the Deadline to suhnlit Response, The State of Florida resorves the right to contact file eustouler rcpa rding the :;erviccs provided. Failure to eornply with this requirement shall rest It in disqualification of Response 3.10 Environmental Requirements The State of Florida is Committed to reducillo waste and promoting energy conservation. �ho that effort, Respondents responding to this ITf3 are required to meet minimum recycled Content standards AND to submit information relating to their company's environmental policy anti ilnplenicntaticn process. Respondents shall submit a detailed environmental pohcv. 1 his poIIC\' shall explain the Respondent's enviromlental mission and shall include detailed information on initiatives or procedures related to the realization of the environmental mission. for example: Pollution prcvClIIiou oppilriunities Disposal ol'solid and ur hazardous waste t�'.nei'gy conservation Rce�cfing+�( scrap Watcr conservation I leallh and safely issues Green I louse Gas (01 K reduction~ Con Ill till ity invokenlcllt Page 28 6. as C; m �e I::nvironmentally' preferable products (FITS) are listen for this Contract on tile; Florida Climate Friendly Products [._ist, pursuant to F;XeCUtiVe Order 07 -136, titled "Leader:ship by I: :Nanlple: Immediate Actions to Reduce C;recnhouse Cias lrnissiims fiioin Florida State C ;ovclnment ". Upon award, Contractors will be encouraged to submit a list ot'their i}ualik ink) products tier review and posiinti to the Florida Climate - Friendly Preferred Products List. 'I lie current list c.'m be viewed at the following DMS Website link: 3, Respondent shall Submil any prepared and /or approved documentation or certifications for GSA products submitted in relation to the BIFMA Sustainability Guidelines.. BIFMA level I Certification from Scientific Certification Systems (SCS). ISO 14001. and FPA Comprehensive Procurement Guideline,. If awarded, ttespondents shall provide a link to this information on the State Contract Web Page as described in this Section 5.24, Dedicated State Fern1 Contract Website Requirement. Environmental Requirements shall be submitted with the mailed Response and received by the contact person no later than the Response Opening Date and Time. Failure to comloly with this requirement may result in disqualification of Response. 3.11 Iceeycled Content Requirements Respondent shall confirm that all corrugated cardboard materials and containers used in the packaging and transport of. office furniture products will be made with a minimum of'35 %0 recycled material ( post - consumer and /.or post- indusn•ial) and meets standard performance requirements. Verification of the recycled material content shall he confirmed in writing by the product supplier or through documented specifications from the product supplier. Respondent Shall identify all product lines (or products) inctilding recycled content and /or post consumer recycled content. Awarded contractor shall provide the content llCCentage of the recycled materials in the identified product lines no later than 30 days after contract .award date. Recycled Content Requirements shall be submitted with the mailed Response and received by the contact person no later than the Response Opening Date and Time. Failure to comply with this requirement may result in disqualification of Response. 3.12 Manufacturer's URi. Address for Dedicated Website Address The Department displays contract and product illtorillation oilline for customer -s use.. 1. ach Contrlletor shall develop and maintain a State Contract web page on the hiternei to post approved contract inli>rmadon. Respondent shall submit the Universal liesource Lmcator (UM.) address for this Contract. This t IRL link may remain hidden while the responses are under evaluation. Reference `section 5.3•1. Dedicated State: berm Contract Website Requirement for specific requirements. URI. Address shall be submitted with the mailed Response and received by the contact person no later than the Respnncc Opening Date and Time. Failure to comOv with this requirement may result in t. lisdnalitication of Response. 3.13 Cost Savings Objective Chapter ?010 -151, Laws of Florida. Section �0, providers the t <lllo\\ing: Each state agency, as defined in s. 31(1.01 1. Florida Statutes. ,hall review existing contract renewals and reprocurenit nts lvlth private providers and public- privale providers Ill an effort to reduce Contract paymetlis by et least 3 percent. It is file statewide goal to achieve substantial savin`?,s: however, it is the intern o1 the Leo itidaltlre that the level arld quality of services not be affected. Each aucncv shall rencuotiater and reproctlre wiltracts consistent with this section. Any savill0s that accrue through renc;.z:otiatino the rene\\al or reprocurcnlent ol'atn existillo contract shall be placed in reserve by they LAecutive Office of the Governor. In order to achieve this objective, the the pricing contained in the Departnle contract, can be accessed throm'di the tjgp:h' juts.mN-11orida_com/h (IS tness Deparimem seeks to achieve a cost ,z1 ilws o(at least 3 percent when compared to 11CS most recent stale 10.10111 coWl'act for these Co11ullndilieS, Current and previous Division of State Ptu-ehasing evchsite at: OpelaIi0l1S Sfa_tC i)LII- 11aSiII0 Pale 19 3.14 State Objectives Within thirty (30) calendar days iollm ill',2 award of the C'ontrici_ i(awarded, tale successiul Respondent shall submit plans addressing each ofthe State's five ( >) objectives listed below, to the extent applicable to the items / services covered by this solicitation. 3.14.1 Diversity The State of Florida is committed to Supporting its diverse business industry and population through ensuring participation by minority- and women -owned business enterprises in the economic fife of the state. The State of` Florida Mentor Protege Pro.t.ram connects nlinoritv•• and women -owned businesses \ ilh private corporations for business development mentoring. We strongly eneauragc firms doing bliShICS!, with the State Of't'lorida to consider this initiative. For more information on the {`Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487 -09 i >. It is vital that small. minority, women- ovvrrcd and veteran -owned business enterprises participate in the State's procurement process as both prime Contractors and Subcontractors under prime Contracts. Small, minority. and women -owned businesses are strongly encouraged to submit replies to this solicitation. The Contractor shall SLIbIllit dOCUIlletltation addressing Diversity and describing the efforts being, made: to encourage the participation of small, minority, women- owned and veteran -owned businesses. Information on Certified Minority Business Enterprises (C1111F) is available i'rom the Office of Supplier Diversity at: hit m/!<intS n ,Ilorida.r.om!Otllc ro,) �1111Is <li�i%ct 01' SLIDDIier diVCrsi_t}. osci /. 3.14.2 Envit•onmental Considerations The State supports and encourages initiatives to protect and preserve our environment. The Department encourages the Contractor to submit as INMI ol� any NSll ISC the Contractor's plan to support the procurement of products and materials with recycled cornent. The Contractor shall also provide a plan for reducing and or handling of any hazardous waste ;generated by Contactor's company. Reference Rule 62- 730,160, Florida Administrative Code. It Is a requirement of' the Florida Department of l::llvir'Otlnlental 1�1'Olectioll that a generator of hazardatlS waste. materials that exceeds a certain threshold I11LISt have a valid and Clll'1'e111 Hazardous Waste Generator Identification Number. This IdelltlfiCatiOn I1u111ber shall be SUbmilled as part of Contractor's explanation of' its Coil)paily'S hazardous whsle plan and shall explain Ill detail its handling and disposal of this waste. 3.14.3 Cel-tification ot'Drug -Free Workplace Program The State supports and encoul"wes initiatives to keep the workplaces of' Florida's Suppliers and Contractors drat; flee, Section 287.087 of the Florida Slatuler; provides th,lt_ where identical tie bids are received. hrelerence shall he given to a respoww received firoill 11 Respondent that certilles it has implemented ,a drug- -free workforce program. if applicable. Respondent shill rertily that the Respondent has a drug free workplace program usiqu the Certification of Drlig -free Workplace I'Orm included in Section 7,L1 of the solicitation. The Contractor shall describe Ihokv it will address the implementation of i druiz iiee workplace in offering talc items of the solicitation. 3.14.4 Products Available from (tie Blind or Other Handicapped (RESPE(111') The State Supports and encourapes the gainful employ anent of citizens with disabilities. It is expressly understood and agreed that anv articles that ,n-c the subject of', or required to carry out. this Contract shall be purchased from a nonprofit agency im the blind or for tie severely handicapped that is Cualified pursuant to Chapter 413. Ulorida Statutes, in the same manner and under the same procedur•aS set filrth in Section 4 f1 3.036(1) and (2), Florida Statutes, and for purposes of this Contt;ac.t the person, firm, or other business entity carrN irtg out the provisions of, this Contract Shall he deemcd to he substituted for the state agency insofar as dealings with such qualified nonprolit agency arc concerned. Additional inl'ormation about the designated nonprofit agency and the products it offers is ;irailahle at betel � y���'�� its ��.ctihlilorida.r� . The Contraclor shall describe hotv it Celli ;uldresS the use of RFSPFCf in of Cring the items of the solicitation. 3.14.5 Prison Rehabilitative Industries ;end Diversified I'lifelp,ises, Inc. (PRIDE) 1 he State Supports and encoutas�es the use of Horid;l correctional work programs. It is expressly understood Pay, e 30 �a and agreed that any articles which are the subject of'. or required to carry out, this Contract shall be purchased from file corporanon identified under Chapter 946, I .S.. in the same manner and under the same procedures set forth in Section 946.5 1.5(2), and (4). F.S.: and fi 4.5 Additional Quantities 4.6 Packaging 4.7 Inspection at Coll tractor, s Site 4.8 Safety Standards 4.9 Americans with Disabilities Act 4.10 Litcrature 4.11 Transportation and Delivery 4.12 Installation 4,13 Risk of Loss 4.14 'Transaction Fee 4.15 Invoicing and Payment 4.16 Taxes 4.17 Governmental Restrictions 4.18 Lobbying and Integrity. 4.19 Indemnification 4920 Limitation of Liability 4.21 Suspension of Wort: 4.22 "Termination for Convenience ... , r.sa �. r erminafum for C.`a ►rsc: 4.24 Force Majeure, Notice of Delay, and No Damages for Delay 4.25 Changes 4.26 Renewal 4.27 Purchase Order Duration 4.28 Advertising 4.29 Assignment 4.30 Antitrust Assignment 4,31 Dispute Resolution 4.32 Employees, Subcontractors, and Agents 4.33 Security and Confidentiality 4.34 Contractor Employees, Subcontractors, and Other Agents 435 Insurance Requirements 4.36 Warranty of Authority 4.37 Warranty of Ability to Perform 4.38 Notices 4.39 Leases in(] Installment Purchases 4*40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) 4.41 Products :available From the Blind or Other Handicapped 4.42 Modification of Terms 4.43 Cooperative Purchasing 4.44 Waiver 4.4*51 Annual Appropriations 4.46 Execution in Counterparts 4.47 Severability QV 4.1 Definitions 'i he definitions contained in 60A- 1.001 I .Ak'. >Ilall apple to this agreement. The following additional terms are also d<±tinc& (aM -Colit1'act'. i Balls the legalh C11101- ceahlC t?) "t'Clil 111 that 14estllls 11'<111) a successYul .Solicitation. llle parlies to the ('ontract will be the Customer al)( Contritctor. - I ;2. 4 C, 44 6 4i !g �a (b) "Ctlstolllcr' Illeans tile state al('Ilcv (11' other enllty Identilled 111 a contract as tile party to receive commodities of C011traCtUal SCrViCeS ptll•Stlaill 10 a C011tl -act of- Illat orders coil) Mod itles 01- contractual services via purchase order of other C0111raCtUal iilstrUillellt Crone the Contractor folder the Clontl'act, The "C'usiolller" 111ay also be the "Buyer" as defined iii the PUR 1001 if it meets the definition of both terms. (c) "Product"' means any deliverable taller the Contract, which may include Commodities, services. technology or software. (d) " Purchase order" lilt btllUllcf.' OI Ih(? (Omtt'act (CI'ill means the form of format a C '.Ustomer rise's to make a purchase under the Contract (e.g.. a 101'111al written purchase order, ele'ctrol1IC i ) starting Purchase Order, procurement card. coniract of- other authorized means). 4.2 Purchase Orders III contracts where commodities or services are ordered h} the. Customer via purchase order. Contractor shall not deliver or I'Limish products (liltil a Customer transmits a purchase order. All purchase orders shall hear the Contract or solicitation number, shall be placed by the Customer directly e >•ith the. Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, coil firmation. or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services lwilhnl the ambit of, section 287.058(l ) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparag,raplls (a) through (f) thereof. Customers shall designate a contract manager anti a contract administrator as required by subsections 287.057(15) and (" 16) of'the Florida Statutes. 4.3 Product Version Purchase orders shall be deemed time of the order, unless the Ct willing to provide such model of- to r to reference a nlanulacttm•er's most recently release model or version of the product at the stonler specificalh requests in writing an earlier model or version and tale contractor is version. 4.4 Price Changes Applicable Only to 'T'erm C.6ontracts If this is a term contr act for commodities or service's. the lolloewim,, provisions apply. (a) Quamit Discounts. Contractors are tun ed to off(r Additional discount, for one lime delivery of large single orders. CUSto111e1's should seek lU rlegotlate addillonal pricy: Colictssioiis oil quatllily purchases of ally products offered under the ont'act. State Customers shall document their files accordin'tly. (h) Best Pricing, 011er. Durimy the Contract lean. il- the Customer becomes aware of belief` pricing offered by the Contractor for substantially the same of- a smaller quantit\ of a I)roduct outside the Contract. but Upon the Soule or similtll• terms of the Contract, . then at the discretion of the c'ustvnitr the price under the Contract shall be immediately reduced to tile lower price. (C}alCS PI'ntllOt011s. Ill ad(IIUGn ((} dC('1'( a51i}).'. Ili',Ci's Ic)r lilt btllUllcf.' OI Ih(? (Omtt'act (CI'ill dcle to a change. ill 111ar1<ei conditions, a Collilactol` Illav conduct Talcs i)l'0tti0tioliti Illv/)IVIi14'_ 1)1'ICC rc(ILICU0115 lot- a SIV611ed lesser period. A Contractor Shall slihillit to tell Uofltrelct Specialist documentation identityinL: the proposed ( i ) starting and Cudgel`; dates Of the 1)1•01110t011. (2) prOdticts involved. and (3) promotional prices compared l0 lhen-authori /ed prices. Promolional pric" Shall be aVallilt)iC' t0 all Ct15tUl}111S. t?I)Oil ilppl'OVaI. lI1C C 01111 -aclor shall provide` conspicuous notice ofthe Promotion. ((I) Trade -In. Customers may trade -in equipmeni 'lien making purchases from the negotiated between the C11S10111e1' and the Contractor. Customers are obligated market value when trading,, equipment. and to keep accurate records of tile- process. necessary to provide (TOCtlmenuition to the Department of Fillancial Services Custodian pursuant to Chapter 2T, F'.S. Contract. A trade -in shall be to actively seek current Mir For Stale ageIlcies, it May be and to the agency property (c) t quitable AdiusullCrlt. The Customer may, in its sole discretion. make an equitable adjustment in the Contract terms or pricing if' pricing or availability Of tiuppk is affected by extreme and unloresecn volatility ill the marketplace, that is, by circumstances 111111 salisk (Al the lulk)lving criferia: ( I ) the volatility is due to causes e(� .) Pa 1. 4; G ft <y W wholly. beyond tilt C'ontractor's contol. (?) tine voIatiI'tN afteets the marketplace or industry, not just the particular Contract source ol'supply icing or availability of supply is substantial, and O the volatility so affects the Contractor that continued perliirmance of the Contract Wo Uld result in a substantial loss. 4.5 Additional Quantities For a period not exceeding ninety (90) days from the date oi'solicitation a\\ard.. the Customer reserves the right to acquire additional quantities up to tile anlotillt shown on the solicitation but not to exceed the threshold flor Category Two at the prices stlbrrtitted in the response to the solicitation. 4.6 Packaging Tangible product shall be securely shipping containers and according tither types of'containers. All conf and properly packed tier shipment, storage, and slock.ing in appropriate, clearly labeled. to accepted Commercial practice, without extra charge for packing materials, cases, or fillers and packaging shall become and remain C'ustomer's property. 4.7 Inspection at Contractor's Site The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contactor to assess conformity � ith Contract requirements and to determine whether they are adequate and suitable for proper and e.fl'ective Contract perl'ormance. 4.8 Safety Standards All manufactured items and fabricated assemblies subject to operation tinder pressure, operation by connection to an electric source, or operation involving connection to a manutilctu'ed, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a mininnnn. identification marking of file appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers finr pressure vessels; tine underwriters Laboratories and/Or Mitional Electrical Manufacturers' Association for electrically operated assemblies; and the ,American Gas Association line• gas - operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Sandy and l lealth Act and state and federal requirements relating of clean ail- and Water pollittion. 4.9 Americans with Disabilities Act (-'()I 11'.1'aCtol -S should identil'y any products that nm.\ her used or adapted for use by visually. hearing. or other physically inlpaifed 61dividuais, 4.10 I,iteratnre 1.11 -lon rccluvst. the Contractor shall furnish literature rea:)orr,+flly feinted to tile: product ol,lered, liar example. user marluals. Price schedules. cat(Illog,, desi riptive brochures. etc. -1.11 Transportation road Deliver Y Prices ,,hall include all charges li>r pilc]Jll�,g, hatndtillo, lrtight, disuilnution- ttnd inside deliver\ franspoftation of goinds shall be FOB Destination to any point \rithin thirty (. i0) days after the Customer places an Order. .A Contactor, within five (5) clays after receiving a purchase order, shall notify the Customer of arny potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract c:nncellation and Comae -tor suspension. 4.12 Installation Where installation is required. ('onlxactor shall he responsible for placing and installin,.� the product in the required loentions at n0 additional Chark C, n111css 01IM- 4`ise designated oil the Contract of- purchase order. (. ontractor's atithorize'd product and price- list shall clearly and separately identify Am Additional installation charges. All materials used in the instaflation shall he of god quality and shall be free 0i'd0l'crts that �rould diminish the appearance of the product or render it structurally or opera tionalk unsound. Installation includes the furnishing, of any e(Impinent, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site fronn damage and shall repair dannages or injury Caused inuring installatirxl by Contractor or its employees or agents. If anti alteration. dismantliny . excavation. etc., is required to achieve installation.. the Conu <rctor slMll pronaptiy restorc the stucfure car site to its original Pa e 1 -1 ql a PA 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 he left clean and in a neat ant unobstructed condition, with everything in satisfactory repair and order. 4.13 Risk of Loss Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance. risk of loss or damage shall remain with the Contractor. The Contractor traclor shall he responsible for filing, processing. and collecting all damage claims. To assist tile Contractor \with damask claims, the Customer shall record anp evidence of visible damage on all copies of the delivering, carrier's Bill of l.,ading: report damages to the carrier and the Contractor; and provide the Contractor with a copy of' (lie carriers Bill of Fading and damage inspection report. When a Customer rejects a product, Contractor shall remove It from the premises w-ithill tell days after notification or rejection. Upon rejection notification, the risk of loss of rejected or• non- conforlllrl1t, product shall remain with the Contractor. (rejected product not removed by the Contractor Within tell clays shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.14 Transaction Fee The State of Florida has instituted MyFlorlda?vlarket'lace, a statewide ci'rocure.ment System (..System`). Pursuant to section 287.057(2 3), Florida Statutes (2003). all payments shall be assessed a 'transaction Fee of one percent (1.0`%,). which Lhe Contractor shall pay to the State, unless exempt pllrsuallt to 60A- 1.032. F.A,C, For payments within the State acCOUtllin� system (ITAiR. or its successor). the Transaction Fee shall, when possible, be automatically deducted fi-0111 payments 10 the Contractor. If automatic deduction is not possible, the Contractor shall pay the 'fransa.ction Fee pursuant to Rule 60A- 1.031(.'), t.A.C'. By submission of'these reports and corresponding payments. Contractor certifies their correctness. All such reports and payllienls shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaclion item(,) are returned to the Contractor throat;) no leant a Transaction Fee is non - refundable when all item is perform or comply, with specifications or requirements Fee paid by the C'ont•a act, or olll.rsSron of file rejected or returned, or of the aoreenlerll. � tor fix• the purchase of any itenl(s) if such Contractor. Notwithstanding the foregoing, declined, Clue to the Contractor's failure to Failure to comply with these requirements shall constitute grounds for dec:larino the Contractor in default and recovering reprocurement costs fronn the Contractor in audition to all outstanding fees, CONTWRACT'ORS DELINQUENT iN PAYING TRANSAC"T"ION FEES MAY BE SI)BJUX"T TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' �'If.NDOI2. LIST' AS i'R()V11)ID IN RNLI? 60A- 1..006, F.A.C. 4,15 Invoicing, and Payment Invoices shall contain the Contract 11un1bcr. purchase order nunlher if applicable, and the appropriate vendor identification number'. f he Slate illrly require a11V oiler information 1l -on) file Contractor that t e State deems necessary t0 VP.I'It)' (lily purchase order placed under the Cont•acl. At the State's option, CoMr<9ctor:s nmy be required 1 Management Services. Current ,guidelines require. invoices for those transactions processed throlw1h t through the Ariba Supplier Network (ASN) in one of ent•v within the ASN, invoice clec-tronicaliy pursuant to guidelines of the Department of that ('ot)t•actor supply electronic invoices in lieu of paper -based e sw,tenl. Flectrollic invoices shall be subnlilled to the Customer the 1,011lwino mechanisms HA 810, cxmL., or web -based invoice Payment shall be made in accordance with sections 215.122 and 287.0585 ol' the I- '106da Statutes, vyhicll govern time limits for payment of invoices. Invoices flat rllust be returned to a Contractor due to preparation errors will result in a delay in payment. C.orltraclors may call (8;1O) 413-7260 Monckly thrOlr•Xll 1'1.1da \" to illClUire abplll tile StalLIS 01 paylllelltS bV Slate Aoellcies. The CtIS10111e1' Is reSp011011C: 101• all 1)EI \, 111c111S under till; Contract, A Costome1's failure 10 pay, or delllV nil payrneni, shall not conslrtule a )reach of tilt Collil.q.1cl alld shall not relieve file Contractor of its obll1alions to the )epartnlent or to other Cl6t011le1•S 4.1( Taxes i he State does not pay Federal cxcke or sales taxes on direct purchases of ialIA)ible personal property. ']'lie State will not htye 115 pay for any personal property taxes levied on the Contractor or liter any taxes levied oil employees' wages. Any exceptions to this paragraph shall be explicitly noted by the C'trstomer in the special contract conditions section of the solicitation or in the Contract or purchase order. 4.17 Governmental Restrictions It' the Contactor believes that any gove-rulleliai restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under- the Contract, the Contractor shall immediately notify tale Customer in writing, indicating the specific restriction. The Customer reserves the right toad the complete discretion to accept riny such alteration or to cancel the Contact al no kirther expense to the Customer. 4.18 Lobbying and Integrity Customers shall ensure compliance with Section 1 1.062, FS tend Section 216.147, FS.The Contractor shall not, in connection with this or- Gaily other a!,;1'ecmcrit with the State, directly Oil indirectly (i) offer. confer. or agree to confer any pecuniary benefit on anyone as considerati(>ll tier any Stag office or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty or {2) offer, give, or agree to give to anyone any gratuity for the belelit ot. or at the direction or request of: any State officer or employee. l or pctl•poses of clause (2), "gratuity rhl(',cans any payment of more than nominal monetary value ill the forill of C.Asfh. travel, entertainment, gifts, nicals, lodging, loans, subscriptions, advances. deposits of money, services, employment, or contacts of any kind. [,)poll request of the C'ustomcr's Inspector General, or other authorized State official, the Contractor shall provide any type; of ill 1,61-lnation the Inspector General deems relevant to the C'ontractor's irliegriiy or responsibility. Such information may include, but shall JIM, be nnutecr t0, the l.0iltractor s business or irnancial records. dOCtit11eI11S. or 111CS of any type or• form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (I) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (.:available at: t1: / /dIis. dot stab'. tl. us / band / ygnscheditic.s./gcnsched.fitm) l he Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by file Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or ;any other agreement between the Contractor and the State which results in file suspension or debarment of the ('ont actor. Such costs shall include, but shall not he limited to: salaries of investigators, IllcludillO overtime. travel and lodoing expellSes: and expert winless and documentary fees. f he C'oiltractor shall not be responsible for any costs of investigations that do not resell in the Contractor's suspension or debarment. 4.19 Indemnification The Contractor shall he Puny liable lot- the actions of- its agents, employees, partners, or subcontractors and shall fully indealnif'y, defeld, and hold harmless the State and CIustoille's. and their officers. agents, and employees. from suits, actions, damages, all(] costs oil ever \" Raffle and description, including attorneys' fees, arisim) fooill oi. relating to personal injury and darhlili e to rein ol• personal tangible property alleged to be caused in whole or in part by Contractor, Its it(),eI1tS, villployees. partners. or subcontractors, provided, however. that the Contractor shall not indemnify for that portion of tiny lens or damages pr(lximately caused by the Ilc1Tligetlt ,act or- omi lion 01 tilt: State or a Cuslonlcr. I mIlier, the Contractor snail fully indcmnily, (1rfend, and hold lmrnlles.5 the State and Custorllers 11-0111 ally suits. actions, damages, grid costs of every nanlr and description, inciudim) atorncys` fees, arising from or relating to violation or infriiloelilellt of it trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the f()regoing obligation shall not apply to it Custoiller's misuse or modification of C'ontractor's pro(ucts or it C'ustomer's operation or use of C'ontractor's products in a mamler not contemplated by the Contract or the purchase order, if any product is the subject of an infi-ingement suit, or in the C'orntrac-tor's opinion is likely to become. the subject of such it suit. the Contactor may al its sole expense procure for the Customer the noilt to continue using the product or to modify it to become non - infringing. if the C`onlriactor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the an"uxurts paid in excess of a reasonable rental tier past use. The Clislomer shall not be liable for tlnv rovallics. he Contractor's obligations under the preceding_ two paragraphs ith respect to any legal action are contingent upon the St;lte or ('tlstonler giving the Contactor ( I) written notice of- any action or threatened action, (2) the opportnlity to take over and settle or" def'eld any such action a1 Contractor's soli' expense, and (3) assistance ill delending the action at Contractor's sole expense. The C'oillractor shall not be liable !'of- fatly cost, expense.. oi• compromise inCtirred or Made by the Stale or Customer ill any action \s�ithoul the C'ontractoros prior wrilten consent. Much shall not be unreasonabIN. Palle 10 4e Fh �\ithheld. 4.20 Limitation of Liability e tX For all claims atwinst the C'ontracior under any contract or purchase order, and regardless of the basis oil witlich the claim is made, Il1C Conti-actor's or purchase order, at any time, liability tlildCr a C01111'80 or 1)(Irchiase order for direct damages shall be limited to the greater Of 4100,000, the dollar amount of the contract oi' purchase order, or two times the charges rendered by the Contactor under the purchase order. This limitation shall not apply to claims arlsino wider the. Indemnity paragraph contain 111 this Contractor, file (USIOIhIei' shall eitheI' ( l ) issue a notice authorizing resumption of work, at which time activity Shall resume, of (2) terminate file Contract OI' purChaSC Order. SLISpe11SlOa1 Of work agreement. additional compensation. Unless otheryvise specifically enumerated in the Contract or in the purchase order. no party shall be liable to another for Special, indirect, punitive, or consequential damages, including lost (loll or records (unless tile contract or purchase order requires the Contractor to back -up data or records), even ii• the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer play, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies froth 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' tile Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.21 Suspension of Work File Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars elf suspension. Examples of the reason lOr Suspension include, but are not limited lo. budgetary constraints, declaration of emergency, or other Stich circumstances. After receiving a SLISpetlsion notice, the Contactor shall comply with the notice and Shall not accept any purchase orders. Within ninety days, oi- any longer period agreed to by the Contractor, file (USIOIhIei' shall eitheI' ( l ) issue a notice authorizing resumption of work, at which time activity Shall resume, of (2) terminate file Contract OI' purChaSC Order. SLISpe11SlOa1 Of work Shall not entitle the Contractor to any additional compensation. 4.22 Termination for Convenience The Custoinei% by written notice to the Contactor. may terminate the Contract in whole or in pall when the Customer delernline:s in its sole. discretion that it is in the State's interest to do so. The (:ont•actor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any canceilation charges or lost profits. 4.23 Termination for Cause The Customer may terminate the (:'ontract it' tile Contractor tails to ( i ) deliver the product within the time specified in the Contract or any extension. (2) maintain adequate progress. thus endangeril10 performance of the Contract.. (3) honor any terns of the Contract, or (4) abide by any statutory. regulatory, or licensing, requirement. Rule 60A- 1.006(3), F.A.C.. 0overns the procedure arl(:i consequences of default. The Contractor shall continue work on any work not terminated. t:xcept 101- defaults of subcontractors at any tier. the Contractor shall not lye liable fi)r any excess costs if the failure to perform the Contract arises from events completely hevond the control and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor in an tier, and if the cause of the default is completely beyond the control of boil) the Contractor and the subeont'acior, and without the iault or negligence of either, the Contractor shall not be liable for any eNceSS cods for fiiilurc to perlorlll, unless the subcontactod products were obtainable. frolll other sources in sufficient tinge for the Contractor to sleet the required delivery schedule. If, after termination. it is determined that tile. COnlraelol' Baas not in default, or that tile delilult was excusable, the rights and obligations of the parties shall be thy: same as if the terillirlation had been issued fiir the convenience of' tile Customer. The ritrhis and remedies of the Customer in this ckiuse are in addition to gun other rights and remedies provided by law or under the Contract. 4.24 Force M,jeure, Notice of DcIay, and No I l'he Contractor shall not he responsible for delay of the Contractor or its employees or agents corltl Of puhlic enemies. strikes. lires, floods, or other hlnla}es fur Ucial resultin,u from its failure to perform if neither the fault 1101' the negligence ihmcd to the delay and the delay is due directly to acts of God, bars, acts Similar cause \yholly beyond the C'ontractor's control, or 1,61. any of the Pa0 c 17 k 46 foregoing that affect subeontactors or suppliers it' no alternate source o1'supply is available to the Contractor. In case of any delay life Contractor believes is excusable. the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the (Iclav either ( i ) within ten (10) flays after file cause that creates or will create the delay first arose. if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the C ont'actor first had reason to believe that a delay could result, THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY Oil EXCUSE WITH RESPECT TO DEIjAY, Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of tinge. shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind Crom life Customer for direct. indirect, consequential, impact or other costs, expenses or danlages, including . bill not limited to costs of acceleration or inefficiency, arising because of delay, disruption. interference, or hindrance Irons sang Cat e whatsoever. If performance is suspended or delayed, in whole or in part, due to any ol'the causes described in this paragraph. after the causes have ceased to exist the Contractor shall perform at no increased cost. unless the Customer determines, in its sole discretion, that the delay will SIgllitlealllly 1111i) ail' the V( lie of the Contract to 111C State Or to Customers, Iii which case till' Customer may ( I) accept allocated performance or deliveries front the Contractor. provided that the C.'ontactor rants preferential treatment to Cu510111el's with respect to products subjected to allocation, of. (2) purchase from other sources ON4110tlt recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are file subject of the delay, which purchases may be deducted from file Contract quantify, 01% (3) tcr'illinate file C,omract ill whole of- Ill part. 4.25 Changes 1 lle Custolller illay till i lateral IN rCgllirC, by written order. changes altering, ad<irr1L 10, t)1' CIedUCtrrlf ti'Onl tiff C 011tl'i1Cl specifications, provided that such changes are within the general scope of the Contract. The Customer may slake an equimble adjustalent in the Contract price or delivery date if the change affects the cost or' time of performance. Such equitable adjustments require the Written consent of the Contractor, which shall not he unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 4.26 Renewa Upon mutual agreement. the Customer artd the Contractor may renew file Contract, in whole of- in part, for it period that may not exceed 3 years or the lerm of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set lorth in the solicitation response. The renewal must be in writing and signed by both parties. and is contingent Capon satisfactory performance evaluations and subject to ;availability of funds. 4.27 Purchase Order Duration Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close o1' business on the last day of the contract's term to be considered timely. The Contractor is obliged to lilt those orders in accordance Nyith the contract's terms and conditions. Purchase orders received by file contractor after close of business on the last day of the state term or agency colltrract's term shall be considered void. Purchase orders for a one -tinge delivery of conalllodilies or performance till contractual services shall be valid through the pe.rfornlancc by the Contractor, and all terms and conditions of, the ,tale term or agency contact shall apply to the sinC� ilelivery /perlrnnlance, and shall survive file termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceedint; the contracted schedule even when such extended delivery Will occur alter expiration of file state term or agency contract. for example, il' a state terra contract calls for delivery 30 days after receipt of order (AR()'), and an order specifies delivery will occur both in excess of 30 days AIM and alter expiration of the state term contact, tile Contractor will accept the order, I lowever, if the Contractor expressly and in writing notifies the:. urderink.) 011-ICe itbin ten ( R)) calendar days of receipt of the purchase order that Contactor will not accept the extended delivery terms beyond the expiration of- the state let-ill contact, than the purchase order Will either be arnlende(I in writing by the orderillo omitv within ten (10) calendar days of receipt o1 the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. I he- duration (Al purchase orders li)r recur 11-10 deliveries of commodities or perlbrillance of' services shall not exceed the expiration oil file state feral or attency contact by uttlre than Iwclvc mouth~. i fo\\Cver, if an extended pricing plan oflcreii in file state term or agency contact is selected bl file orderillo entity - the contact terms on pricing plans and renewals shrill , oycrn the maxinnun duration of purchase- orders wilectin" such pricintt. plans and renewal~ Palle :;8 4 0: t.. C 'I illlely purchase orders shall be valid through teed' specified term and perl'ormance by the Contractor, and all terms and conditions oft the state terns or agency contract shall apply to tale recurring tieIivCry /performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not rene\4 a purchase order issued lursuant 10 a state term or- agency contract if the underlying contract expires prior to the eflcctive date of the renewal. 4.25 Advertising, Subject to Chapter 119, Florida Statuies, the Contractor shall not publicly disseminate any information Concerning. the Contract without prior written approval 1'rom the Customer. including, but not limited to nleiltionirtg the Contract ill a press release or otter promotional material. identifying the Cusiomer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer 111 any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors. dealers, reseller:s. or service representative. 4.29 Assignment Hie Contractor shall not sell, assign or transfer any of, its rights. duties Or obligations under the Contract, or tender tiny purchase order issued pursuant to the Contract, without the prior written consent Of the C',USI.OI11Cr. in the event of any assignment, the C'ontracior remains secondarily liable (or performance of the contract. unless the. Customer expressly waives such secondary liability. The Customer Ina\ asslgn the Contract with prior written notice to Contractor of Its intent to do so. 4.30 Antitrust Assignment The Contractor and the Stale o1' Florida recognize violations are ill fact usually borne by tine State of f arty and all claims for such overcharges as to goods. that ill actual ecollolhlle practice. Oyei'CharOeS reSUIIil1! fl•Oill ailtltrUSt. lorida. Therefore, the contractor hereby assi.nns to the State of Florida material, oi• services purchased in connection with the Contract. 4.31 Dispute Resolution zany dispute concerning pertornlance of�tile Contract shall he decided by the C'ustomer's designated contract mana;er, who shall reduce the decision to writing and serve a copy on the C'ont-ac.tor. The decision shall be final and conclusive unless within twenty one (2 1 ) days from the date of receipt. the Contractor tiles with the Cusiomer a petition for administrative hearing. 'file Customer I s decision on tile petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 01' the Florida Statutes. I.AlIaus6011 of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any oilier form of dispute resolution: prop ided, ho\aever, that the parties play employ the alternative dispute resolution procedures outlined in C'hapier 120. Without limiting the foregoing, the exclusive venuee of any Contact shall be the appropriate state court in Leon Count\ parties waive ally 1 -601t 10 jUrA 11 -ial. legal or equitable action that arises out of or relates to the Florida: in any such action. Florida law shall apply and the 4.32 Employees, Subcontractors, and Agents All Contractor employees, suhcuntactors, or a;,eilts llCrforining �\orl: under the Contact shall be properly trained technicians who meet or exceed any specified training qualiiicaticros, tJpon request. Contractor shall furnish a copy of tcchllicai certification or other proof i>i`qualiiicafion. 111 Cmployees, subcontractors, Or agent, perfOrming work under the Contract must comsaty with all securit�� and 1 dnhinisn•ative rcquirenlems Of the Customer and shall comply with all contolling laws and regulations relevant to the SCI -ViCCS they arc providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security back4ground check or othcr\\ise assess any employee, subcontractor, or agent furnished by the Collll- aclor. The dale Islay refuse access tit, or require replacenlCM 01', any persomlCI fOr Cause.. inCluding. hill not limited to, technical or training ilualifications, duality of work, change in securily status, or non - compliance with a C USIOrllel''S security or other recluircnlcnis. Such approval shall not relieve the Contractor of its obligation to perform all ewrk in compliance with the Contact. The state may reject and har front any I'tCility 101' Cause any of the Contractor's emloloye .S. subcontractors. or W4CWs. Page ,9 k w.. M 0: t.. C 'I illlely purchase orders shall be valid through teed' specified term and perl'ormance by the Contractor, and all terms and conditions oft the state terns or agency contract shall apply to tale recurring tieIivCry /performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not rene\4 a purchase order issued lursuant 10 a state term or- agency contract if the underlying contract expires prior to the eflcctive date of the renewal. 4.25 Advertising, Subject to Chapter 119, Florida Statuies, the Contractor shall not publicly disseminate any information Concerning. the Contract without prior written approval 1'rom the Customer. including, but not limited to nleiltionirtg the Contract ill a press release or otter promotional material. identifying the Cusiomer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer 111 any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors. dealers, reseller:s. or service representative. 4.29 Assignment Hie Contractor shall not sell, assign or transfer any of, its rights. duties Or obligations under the Contract, or tender tiny purchase order issued pursuant to the Contract, without the prior written consent Of the C',USI.OI11Cr. in the event of any assignment, the C'ontracior remains secondarily liable (or performance of the contract. unless the. Customer expressly waives such secondary liability. The Customer Ina\ asslgn the Contract with prior written notice to Contractor of Its intent to do so. 4.30 Antitrust Assignment The Contractor and the Stale o1' Florida recognize violations are ill fact usually borne by tine State of f arty and all claims for such overcharges as to goods. that ill actual ecollolhlle practice. Oyei'CharOeS reSUIIil1! fl•Oill ailtltrUSt. lorida. Therefore, the contractor hereby assi.nns to the State of Florida material, oi• services purchased in connection with the Contract. 4.31 Dispute Resolution zany dispute concerning pertornlance of�tile Contract shall he decided by the C'ustomer's designated contract mana;er, who shall reduce the decision to writing and serve a copy on the C'ont-ac.tor. The decision shall be final and conclusive unless within twenty one (2 1 ) days from the date of receipt. the Contractor tiles with the Cusiomer a petition for administrative hearing. 'file Customer I s decision on tile petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 01' the Florida Statutes. I.AlIaus6011 of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any oilier form of dispute resolution: prop ided, ho\aever, that the parties play employ the alternative dispute resolution procedures outlined in C'hapier 120. Without limiting the foregoing, the exclusive venuee of any Contact shall be the appropriate state court in Leon Count\ parties waive ally 1 -601t 10 jUrA 11 -ial. legal or equitable action that arises out of or relates to the Florida: in any such action. Florida law shall apply and the 4.32 Employees, Subcontractors, and Agents All Contractor employees, suhcuntactors, or a;,eilts llCrforining �\orl: under the Contact shall be properly trained technicians who meet or exceed any specified training qualiiicaticros, tJpon request. Contractor shall furnish a copy of tcchllicai certification or other proof i>i`qualiiicafion. 111 Cmployees, subcontractors, Or agent, perfOrming work under the Contract must comsaty with all securit�� and 1 dnhinisn•ative rcquirenlems Of the Customer and shall comply with all contolling laws and regulations relevant to the SCI -ViCCS they arc providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security back4ground check or othcr\\ise assess any employee, subcontractor, or agent furnished by the Collll- aclor. The dale Islay refuse access tit, or require replacenlCM 01', any persomlCI fOr Cause.. inCluding. hill not limited to, technical or training ilualifications, duality of work, change in securily status, or non - compliance with a C USIOrllel''S security or other recluircnlcnis. Such approval shall not relieve the Contractor of its obligation to perform all ewrk in compliance with the Contact. The state may reject and har front any I'tCility 101' Cause any of the Contractor's emloloye .S. subcontractors. or W4CWs. Page ,9 k w.. 4.33 Security and Confidentiality The Contractor shall comply ftdly with all security procedures of the United States, State of Florida and Customer in per forillalice of the Contract. The Contractor shall not diyult;e to third parties any confidential information obtained by the Contractor or its agents. distributors, resellers, subcontractors. officers or employees in the course of performing Contract work. including, but not limited to, security Irrocedllres. business operations information, or commercial proprietary inJOrmation in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available throuUh no fiMllt of the. C'ont•actor, material that the Contractor developed independently without relying on the State's or Customer "s confidential illformation, or material that is otherwise obtainable under State law as 7.l public record. To insure confidentiality. the Contractor shall take appropriate steps as to its personnel, <:l�ents. and subcontractors. The ��arrantiis of this para�,.raph shall survive the Contract. 4.34 Contractor Employees, Subcontractors, and Other Agents The Cu3tOiner and the State shall take all actions necessary to ensure that C'ontractor's employees, subcontractors and other agents are not employees of the State of I.lorida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors. and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of I Iorida. 4.35 Insurance Requirements During the Contract lei-ill, the Contractor at its sole expense shall provide commercial insurance of such a type and with such lernis and limits as may be reasonably associated with the Contract. Providing and maintaining ade.Clnate insurance coverage is a material obligation of the C:olltracior. Upon luquest, the Contractor shall provide certificate of insurance. The limits of coverage under• each policy maintained bV the Contractor shall not be interpreted as limiting the C'ontractor's liability and obligalions under the Contract. All insurance policies shall be throilt),11 insurers Authorized or eligible to write policies in Florida. 4.36 Warranty of Authority Fach person signing the Contract warrants that lie or she is duly authorized to do so and to bind the respective party to the Contract. 4.37 Warranty of Ability to Perform The Contractor Warrants that, to the best of its knowledge. there is no pending or threatened action, proceeding. or investigation, or any other leg al or financial condition, that would in any way prohibit, restrain, or diminish the C'ontractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 187.133 of the Florida Statutes, or on any similar list Maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing ifits ability to perRlrm is compromised in anN7 manner during the term of`the Contract. 4.38 ftioticcs All notices required antler the Contract shall lie delivered by certified mail. return receipt requested, by reputable air courier service, or by personal delivery to the a „tend dcsi.ynce identified in the original solicitation, or as otherwise identified by the Utistomcr. Noticcs to the Contractor sliall bC delivel -ed to the pl'.rSDn Who Sigg115 file Contract. I "Itber designated recipient rllay rtotily the other, in writing,. if sonicone else is designated to receive notice.. 4.39 Leases and installment Purchases Prior approval of the Chief' Financial 011icer (as defined in Section 17.00)1. F.S.) is required for State agencies to enter into or to extend any lease or installment - purchase agreement in cxeess of the Category "I wo amount established by section _87.1)17 of the I'lorida Statutes. 4.40 Prison Rehabilitative Industries and Diver:sibed Enterprises, file. Section 046.515(2). F.S. requn-e5 till.' following statement to he included in tile. solicitation: "it is expressly understood and agreed that any articles which are the subject of'. or required to CM-P, out.. the Contract shall be purchased front tile corporation identified under Chapter 9-16 of the Florida Statute~ (fRlf)I) in the same manner and under the same procedures set forth in section 9%16.515(2) ;:aid (4) of the I-lorida Statutes: and for purposes of file Contract the person, brill, or other business entity carryin!z out tlic provisions of 111e ContiNact shall he deemed 10 he Suhstitufed for the agency insular Pattie 40 P+: tM1 0Z 0: H Al 6 as dealings Willa such corporation are concerned." Additional information about PRIDE." and the products it offers is available at htt,p: / /www.L)ridell.c.om. 4.41 Products Available from (tic Blind or Other Handicapped Section 413.036(3), F.S, requires the lollowirtg statement tit be included in file solicitation: "It is expressly understood and agreed that any articles that are the subject of'. or required to carry out. this contract shall be purchased from a nonprofit agency for the Blind or for the Severely I landicapped that is qualified pursuant to Chapter 413. Florida Statutes, in the same manner and under tile same procedures set lorth in section 413.036(1) rand (2), Florida Statutes; and for purposes of this contract the person, firm. or other business entity Carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealillos with such qualified nonprofit agency are concerned." Additional Irllormailon about the desi;o;nated nonprofit agency and file products it offer, is available at httttp : /Av_yvw ,respecto I'll orida.oro 4.42 Modification of Terms The Contact contains all the terms and conditions agreed upon by the parties. which terms and conditions shall govern all transactions between the Customer and the C'otltraclor. The Contract may only be modified or amended upon tnutual \written agreement of the Customer and the Contractor. No oral agreement, or representations shall be valid or bindin upon the Customer or the Contractor. No alteration or modification of the Contract ternis, including substitution of product, shall be valid or binding against the Customer. 'Ihe Contractor Illay not unilaterally modify the ternis of the Contract by affixing additional terms to product upon delivery (e.��.. attachment. or inclusion oi'standard preprinted forms. product Inerature, "shrnik twnap" ternis accompanying or affixed to a product. whether written or electronic) or by incorporating Stich terms onto the Contractor's order or fiscal forms or (.)tiler documents forwarded by the Contractor for payment. The Customer's acceptance of product or processimo of documentation on terms furnished by the Contractor for approv( 1 1 or payment shall not constitute acceptance ol'the proposed modification to terms and conditions. 4.43 Cooperative Purchasing Pursuant to their own governing laws. and subject to the agrcemem o1` the Contractor. other entities may be permitted to make purchases at the ternis and conditions contained herein. Non - Customer purchases are independent ol'the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. Stab; agencies wishing to make purchases ti•oni this agreement are required to follow the provisions o1• s. 287.042(16) (a). F.S. This statute requires the Department of Management Services to determine that the reduestor's use of' tile contract is cost- effective and in the best: interest ol'the State. 4.44 Waiver The delay or frldUl "e by the Customer to exercise or enlorce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right therealler to entorce those rights. nor shall any single or partial exercise of any such rif h preclude any other or further exercise thereof or the exercise of .lny other right 4.45 Annual Appropriations The State's performance and obligation to pay under thi contact are contingent upon an annual appropriation by the L.e.!islature. 4.46 Execution in Counterparts l he C'ont•act may be executed in counterparts. each of which shall be an original and all of which shall constitute but one and the saute. instrument. 4.47 Severability It' a court deems any provision of tile,. C'crnt•act void or uncilfIo enable, that provision shall he entorced only to the extent that it is not in violation of law or is not othertivise urtentorceahle and all other provisions shall remain in full force and effect. Page 41 k, U - - -SECT . �_____ �.`.... � ____.._.___.._.___,________._�- Eligible Products �._ - _ ON FIVE: SPECIAL CONDITIONS I:)oing Business with the State 595 Ethical Business Practices S.Ci Sales Requirement 5.7 Quarterly Contract Sales Summary Requirement 5.8 Purchasing Card Program 5.9 Preferred Pricing Compliance 5.1 tl Prices/Discounts 5.1 I Balance-of-Line Price/Product 5.12 Fill-III Pricing CONTEN'T'S: 561 Eligible Products S.2 Exclusions 563 Qualifications 5.4 I:)oing Business with the State 595 Ethical Business Practices S.Ci Sales Requirement 5.7 Quarterly Contract Sales Summary Requirement 5.8 Purchasing Card Program 5.9 Preferred Pricing Compliance 5.1 tl Prices/Discounts 5.1 I Balance-of-Line Price/Product 5.12 Fill-III Pricing 5.13 Addition /Deletion of Vendors and Products Offered 5.14 Quantity Discounts 5.15 Delays & Complaints 5.16 Compliance with Laws 5.17 Conformance to Codes 5.18 Delivery Requirements 5.19 Delivery /Installation Recommendations for Steel flies 5.211 Installation Costs / Reconfiguration 7.21 Space Planning / Design lees 5.22 Change Orders 5.23 Contract Revisions 5.24 Dedicated State Term C.: "outract Website Requirement 5.25 My FloridaMarketi' lace (MFMP) Electronic Catalog Requirement S 1 Requirements of Contractors 5.27 Authorized Servicing Dealers and Manufacturer Representative 5.28 Intellectual Property 5.29 warranty 5.30 Insurance. Worker's Compensation Pawie 42 k 4; k IThe remainder- of this page is intentionally left blank (other than footer information)) . l Eligible Products All products offered tinder this C.'onu•act shall be new and unused :Ind in current production - remanul 1CILlred or refurbished Products are not part of this offering. No series Shall be considered 161- award under this C'ont'act if already awarded or in conflict with another State terns contract. Eligible products include, but are not limited to, Office Furniture Dispatch/911 Furniture Mail Processing Furniture Map Files Reception Desks Sofas & Loveseats (Public Areas) Lateral, Vertical and Fireproof Steel Files Conference or Training Tables Conference or-Training ('hairs Storage awl Presentation Accessories Single & Multiple Seating Units Occasiorral "Tables Hie Department . reserves the rig l .to.r�duirct Rc,�c�ndentS to ,submit samples,_ol the -- proposed product, before makin a I'llml determination of accemabillly. J. ? Exclusions The 1o11owirtg items are Speciticaty exeItIdcd and not w itl)in the acope of' IIIis Contact: A rt work '.• I)ect)1';lllVC 1alI1pS all(:I acCetitiol'IeS 5.3 Qualifications Only RespollSeS submitted by product nlanufactrn'0 capability to provide products and Services in ascot It) a I1lantrtactUt't'.r S representative or to '%,ervicinll d manutacturer will be considered for ant-act award I's \\ ill be considered for evaluation. Respondents must have the dance t\ ith the olicitation d0CLIl11et11S. Contract orders may be directed Balers, but ollk those Responses signed and presented by the product 5.4. Doing Business with the State --- Other State Agencies Requirements Vendors doing bttSllleSS with the State of, 1- arc required to register in the 1. yl- IoridaNlarkctPlace (MFMP) system. In addition, to conduct business in Florida..) vendor must register /oibtain licenses With particular state agencies such as the Department of State. Division of C orpi)r<tiion;. the Department ol' Rcvenuc. and the I)cpartltent of Financial Services. To Pa ed) W, review these 1equirements, cliCk on the 1011owinf; link: htt ills, .mvtlorida.c0111 /business <lpcl lUuns /stau uie 11415;11 >>'mvilorida ntarke )lace /mtil � vendors /vendor tool kiUdoi IlU busilleSS With state of* fl.orida 5.5 Ethical Business Practices Contractor shall work in pamnership with the State to ensure a SUCCessii.11 and valuable contract. and ethical practices are required ol•Statc employees. Contractors, and all parties representing the contractor. All work perfi)rnled under this Contract will be subject to twieta by the inspector General ol'the State of F lorida. (lnd any findings suggesting unethical business practices may be Cause for default proceedin ;)s and /or contract termination. Reference General Contract Conditions, PUR 1000, lobbying and Integrity, Section 4.18 for additional requirements, 5.6 Sales Requirement Sales will be reviewed On a iluarterly basis. Should no Sales be IWOrcted in MO consecutive contract quarters.. the Contractor' may be placed in probationary status or may be subject to termination f v convenience. 5.7 Quarterly Contract Sales Summary Requirement The C.011tractol' is r'egUil -ed to provide Ouat'terlV Colllract Sales Sunillial'V 16epol•ts to the Contract Managci% Reports shall include: C.'ontracim' s Name'. • Reporting Period • `Dotal dollar value of })tu'ehases per qual•ter differentiating between Eligible laser types. State Agencies and Political Subdivisions. • Listing total dollar of L "nvlronmentaliv Prelcrred Products sales and contract sales through Certified Minority BLIShICSS F ilterpriscs. initiation and submission of the C'ontr'act Sales Su111111aries are to be the reSp011)Ibilily Ol'the C011tl'actol' WitllOtil pl•011lpting or notification by the Contract Manager. The Contractor will submit the completed Contract Sales Summary forins by entail to the C'ontr'act Manager as stipulated. File Department shall distl'ibute, in electronic format, the Contract Sales Summary forms to be used by the ConU'act0r upon Contract Foi- oration. Section'. 17. The Department reserves the right to require. Contractors to submit more detailed reports as necessary. Reference General Contract Conditions, PUR 1000, Transaction Fee, Section 4.14 t'or reporting requirements. Failure to provide a quarterly report, including no sales within thirty (30) calendar days followinL� the end of etch quarter may result in the default proceedings and /or termination of the Contract by the Department. 5.8 Purchasing Card Program The State. of Florida arid numerous Iligible Users have adopted and itnpleillented viu'ious Purchasing Card programs using dil'li°rem universal card formals (e.g., American l•Apresy, Master( I ard. and Visa). Accordingly, the Contractor and the MallUfaCitlt'el"S authorized Deale's must halve the ahility to accept universal card forn at Purchasing Cards. including American l_'xpress, MasterCard, and Visa. durin file Contract term. C'01111mactors aild Manufacturer's authorized Dealers may receive payments from Elio ihle Ulse.r5 by universal card formal Purchasing Cards in the same Manner as other credit debit card purchases. Universal card 1,61,111at rurchasinig Csuds (e.u).. Allierican 1:ypress, MasterCard. and Visa) acceptance is nlandalorq, but is 1101 the caclusiVC 111C1110d of paynlcllt (e.g.. PUI'Chase Oi -der). The method of ordering and payment Purchase 01-del., Purchasing (.'aid) shall be selected by the F:liaible I iser% t he Eligible laser \N ill not 1111 out any C011tr'aCtol' or Manul<tCturer's authorized Dealer ibrnls 01' separate contracts in a soeiatloll with the Contractor or kkultifilcttuer's allthori/ed Deiller aCCcl)tin ;.z it Purchasint Card payment Contractor, and Minittt .tcturer•s Mlthori /ed Demers arcs not allowed to Cha1kie it fee 1,614 accepting a Pul•chasing Card payment. Sllrehal't,WS or convenience fees aria prohibited. On -line billillo or payment systems maintained by the Conh'aclor, Ma1lltaCILINI"S authorized Dealer. or their respective agent will slot store the card holdel•'s name, account number, and expiration dale ibr re -Use. Card holdc6rs vv ill provide the C'011'aC101 1114 Mitnufa.tut'cr`sauthorized Dealer, its applicable. 1F`Itl Card account Irl161'11latioll ill each PU1'chasim, (.'aid ll'atl.�aclioil. Page 44 ti kt fi` aY: 6v S.9 Preferred Price Compliance In accordance with (,ilapter 3010 -151, I:aw-s of'Vloridal, Section durillt) , each year of the Contract. all Affidavit from an alithol Contract is in c- ompliance with Section 4.4(1)), Best Prieimo Offer be grounds for terminating the Contract. al the Department's side lorm to be used by tile: COrltrletOr upon C'ont'act I'01- InaliOn. Secti 18(3), the Contractor iS required to Submit, at least once a /ed representative of the Contractor attesting that the C'ontractor's Isidore to comply with Section 4.4(b) may discretion. The Department Shall distribute the Affidavit ;m 2.17. 5.10 Prices /Discounts All pricing; shall (luplicate GSA price lists and discounts for every item offered. Prices shall be submitted in the Rlrm of: I.) A discount offnlanufactureCS current 11 discount structure or Bette►', in effect verifying the price and discount offc�red AND 31.) The published (NSA discounted price ublished price list with the at the time of Bid opening. [))ust be submitted with the lists, in effect at the time of (iSA- approved A copy Of your GSA Contrac. Response. bid Opening. Adjustments to address a difference between the GSA industrial Vulidillg fee and tile, MyFloriciaMarketPlace "Transaction Fee [)lay be listed on the Price Sheet as a percentage of' tile total applicable charge, and shall not c%ceed the exact dii'lorence of the two fees (.25 "%o). Reference General Conditions (P1.)R 1000), Section 4.14 "Transaction Fee Reports for additional information. Reference Special instructions to Respondents, Pt'ice Sheet, Section 3.8.1. Reference Special C_'onditions, Contract Revisions, Section 5.23 for price adjustments. S.11 Ba lance -of -Line Price / Products Contractor may offer ;additional products, parts 01' items for series that have not been included on the C'ontractor's GSA Contract but expand additional offering rand options to the State of Florida. Any Balance-of-Line series or products approved by GSA during the contract terill I11tISt be scibmitteif to the State I6r consideration or remove them from the Balance-ol- l.,ine catell vv. Balance-of-I. Ileums may be added or removed durith the contract term and the process will 1101 illlpact YOUr GSA prOdLICt Offerlll.' Oil the state term Contract. PriCin4_' Submitted for Balance -of =Lilie items shall be lwithin 5% of the discount offered for similar items already on the current contract. The request to increase prices for Balance. -of -fine [)lust meet the criteria for an Equitable Adjustment. I•lle only pice increases considered outside ofC SAmi dificatio q fili_:a roved, m-oduCIS) are Equitable Adjustments. For more details on the f ?quotable Adjustment process. please reference (General Conditions (Pl!R f000) Section 4. Price Changes Applicable only to Term Contracts. paragraph (e) Equitable Ad LISUnentS: littp:/;dms,mvf ori(Ia.conl /b Lis iIle>. o)erati (ins /st.aie_purchasimgvcndor information /state contracts au'reem tints and Rice lists /state term contracts/furniture ofllcc and file;. The Department reserves the right to accept or reject any balance of line items submitted for the Contract. This provision is not intended to allow an abundance of non -GSA approved items on the Contract_ The majority of items approved on this Contract for any Contractor Should be (.;SA .approves! items. 5.12 Dill -In Pricing 1 he Contractor must honor "fill-in orders at the Sallie pricinu and discount Rlr 90 days after substantial completion ora sin lc job, delivered to a single location. 5.13 Addition /Deletion of Vendors and Products Offe ►-ed I'he Department reserves the right to add or dalete product;, and delete vendors, within 180 days a11er such action by GSA.. as published in the Federal Supply Schedule and all "Supplements ". 5.14 Quantity Discounts Contractor IS encouraged to orfer additional discounts for one time deliver\ of large single orders of any assortment of 11cills. 1'aee 45 5.1 Delays &Complaints Delivery delays and service Complaints will be monitort:d on it Continual basis. DOCUrnemed Inability to perform tinder the. conditions of the C (: ontract (via the established 'omplaint to Vendor process (PUR 7017)) may result in default proceedilms Mild /or Contract termination, 5.16 Compliance with Laws The Contraclor shall comply with all laws. Pules, codes. ordinances. and licensing requirements that are applicable to the conduct of its business, inCludin t those of leder<.11, State, and local t11.0 I1CItS I1FiVltli. (tll'ISd1Ct1011 and authority. E3y sway of non - exhaustive example. Chapter 287 of the i lorida Statutes and Chapter 60A- I of the Florida Administrative Code govern the Contract. By wily of further non - exhaustive example. the Contractor shall comply with section 247A(e) of the immit ration and Nationalization Act. the Americans with !)inabilities Act, and all prohibitions against discrimination on the basis of race. religion, sex, creed, national origin, handicap. marital status, or veteran's status. Violation oi'suCh layvs shall be grounds tier contract termination. 5,17 Conformance to Codes The installing dealer shall be responsible for verifying. furniture space plan/configuration fits the given space and all aisles and openings and doors meet the local fire and satcly codes and are in conformance with ADA regulations. Also, upon the request of the Department or Customer, the Contractor shall be responsible for providing written verification of their In.itItn.t I%IIII III IIQ It. C tV L. UI It: III IIFe (111(1 IIauiIn1.11)IIiI\ Coll ". a5 re,`tLlIaIcc] oy Ill C lIcite of I -Iorl(a 54 18 Delivery Requirements The delivery requirements below are specific to this contract. Reference General Contract Conditions, NUR 10001 paragraph 1.11 for additional information. Delivery and shipping costs shall mirror charges its approved by GSA, All charges Im- 1re14. delivery, and installation shall be noted oil file Price Sheet(s). Section 6.1, i ie Department reserves file riolit to -lit, reiect ally additional Charoes. Delivery ofall contract items (wlih the exception of special finish, custom fabric, or ct.1sionlized orders) is requited within 90 days from receipt of purchase. order conlalnin!` complete ordering intorl'lialion (cont'i:l('t Iltlillber, coinni ldity number item description, Illanufacturer•s Illodel number and street delivery address (not Post Office Box)), It is highly recommended that the At!eney contirmreceipt Wit. l>e NurchaSe Order with the manufacturer and servicing dealer. If orders are sent directly to the manufacturer the servicinZ dealer rnav not always be aware of fending orders and the time frame. Any known he (includirip vacation period. factory inventory, etc.) that rnav disrupt this delivery SChe(aule rnust be clearly presented to the Customer along with the. specific information on how orders will he processed during, such periods. Delay in delivery beyond the time specified must. be justified to the ordering agency, in writing, and if required, the Contractor shall provide temporary tUrnilure on a rent -free hasis. Furthermore, items not delivered within the required delivery SChedule rnav 1•CSUIt in the Conirni.tor hemp, found in default by the Department in accordance with contract conditions. 5.19 Delivery /Installation Recommendations for Steel Files The stability of steel files is Assured if the\ are properly installed and loaded, therel we THE STATE OF FLORIDA Iil(ItiLY RECOMMENDS users to consider purchasing steal files "DELIVERED AND INSTALLED" from the approved nlanutacturer. 11'steel tiles are ordered 1)rop- ship'• or "Delivered Not Inslalled": it is highly recommended that the user note on the order to the Contractor or sei•vicillu dealer ihat a delivery carrier Whist be equipped with it wav to remove the files from the truck. (sec "Drop- ship" or "Delivered Not Installed.. under Section i. t Delivel-Y Meihods Definitions of Terms). 1J)HO W the inSIRIC6011s that are shipped tiyith the files to ensure that they arc properly installed to provide sale per f'ornla lice . Illntl•netiollS,Shotlld include intol- Malign about. ICWHIII) idles and ganging tiles together. C'ounterbalarlce for lateral File units is recommended unless cabinets are ;gan!)ed born mo51 imilmf-lcturer . i here may be an additional charoc for Counterbalance. 5,20 Installation Costs /12eeottfiOtrr4;ition Pape. -t6 1. Installation charges shall be listed as a per -item Ice, percentage of price ice, of- negotiable on the price sheets. Installing agent shall be responsible li)I- receipt. inspection, and assembly of items at the location listed on the purchase order. The installation charges shall also apply to any reCltrired reC011f iouration (.)f systems furniture dUrillO the term ol'the contract. 5.21 Space Planning /Design (Fees Space planning, tees for systems and modular furniture ,hall be listed as an hourh lec. percentage of price fee or negotiable per project on the price Sheet. Customer shall approve space planning or design fees in writing prior to any services being performed by the Contractor or Servicing dealel 5.22 Change Orders Issuance of a purchase order under a contract resulting front this Response is a binding agreement. PtlrehaSCls Should Carefully check the acCUfaCw of the order. Change orders or revisions are thereafter Subjee -t to the following: All requests for changes must he Submitted in written form or entered in the Ariba System (per format of the purchase order). Changes in the number of units (additions of- deletions), commodity number. description, featrl-es of color's call only be made subject to the approval of the Contractor. ':• Changes of revisions in the method ol,dellvery ol- the designated deliver' destination can only be nitride ,abject to the approval ofthe Contractor. Multiple dClivCry points must be clearh indicated on the purchase order. When nrttltiple delivery locutions are required, enter "See E3CIow" in the "Ship To" box on the purchase order. List (I Livery locations and instructions in the body of the purchase order, as well as the commodity number and quantity for each location. Orders nlay be cancelled ONLY by obtaining approval from the Contractor, and may be Subject 10a 25% (or greater) re- stocking fce. plus freight chariTS. Most furnitUre orders are considered custom and cannot be cancelled of Ir-un•ncd. 5.23 Contract Revisions Revisions to the contract are allowed (11-1611L) the term of the contract. Any revisions to the originally approved contact information must be authorised in writing by the Department prior to implementation. A contract revision authorization form will be sent to awarded Contractors and must be submitted with any request to revise pricing and /or ternls.ordering instruction,, or Servicing dealer listing. .,Nny GSA revision of pricing and products shall be submitted to the Department with the Department reserving. tilt right to accept or reject within 30 days. or cancel the Contract. Anv increase shalt not become effective until approved by the Uepartnaent. The Department reserves the right to reject items offered whose discounts are less favorable than those offered to other entities in the State (i.C.. city or county contracts), and reject items thin do not offer the best value to the State. PRICK: OR PRODUC11S CHANGES New of revised price lists or additional /deleted products may be considered for addition /deletion to the contact after GSA approval. All requests must include the. following: 1. Contact Revision /Atnhorizalion Form (Illay submit one iornl for all requests). Z. Revised Price Sheet I oral. Any line item not compleled, example - installation or Space planning fees. WC aSSLIMe. I10 Charlie,; are Ir1CLIITCd for C'US101I t'S. 3. Copy of the Federal GSA Modification approving any price changes or adjustments. add /deletion ol, products in its entiret\. All page-, attachments and letters relCrenced in the modification must be includCd in your request. 4. CUr'rei -11 Illa11UlaClUr'cr I)UbliSlled 1)1 -ice list/hook Consistent with (';SA Contract referenced ill tilt', GSA modifications- compact disc ti)rnutt (C'D). (..,over page, terms and conditions, table of contents must be included to confirm pricing. y. ManufacturC'S Clli-1'Clll f=ederal GSA Cataloi (if its applicable and you are Submitting a new GSA ('otlfract during this contract) - compact disc: format WD). Cover pale, terms and, table of contents must be included to docCnnent GSA diSCOU111'ild tiers. 6. Literature of pI'Odkl t or SCricS rtrqu('Sted for addition. SERVICING DEALER CHANGES Pale 47 k e+ Addition or deletions of servicillo dealers may he requested at any time during the Contract. All requests must include the lollowing; I. C:'ontract Revision /Authori <ltion Form (play submit one Corn) for all requests). 2. Letter of enitril information from the mantlfacturcr requesting addition deletion of the dealer(s). �. Updated Dist a'i bill or Tell) plate if' they will be receiving orders oil behalf of the manufacturer in Myl= Ioi-idaMarkctlllace ('�IFIvIP). See Authorized Dealer, and Manufacturer Representative Form for :additional information. (Section 7?) ORDERING INS'TIt X.11 -ION CHANCES Changes to tine Ordering I11SIRIC6011S nlaY be requested at am tittle during the contact effective dates. All requests must include the following: 1. Contract Revision /Authorization Fornl (may submit one fornn for all requests). �. Letiel' OI' Crnad 11111)1'lllilllOn ft'Oln the Illanulacturer c arifying the requested change - if needed. 3. Revised Ordering. filmnict.ions Form 5.24 Dedicated state'Term Contract Website Requirement The contract resulting from this I ]13 will become a public document. The Department is using the Florida Colnnaanlities Network (FC'N) on the Internet World Wide Web (W'WW) to distribute contract all(] product iniornrltion to users of State Term C'ont'acts outside of MyFloridaMarketPlac-e (MI -MP). The Department shall link the C'ontractor's %veb page and Price Sheet (Section 6.1) to the contact site: 1>ttp: //dnls.ill vilorida.com. Approved revised Price Sheets) from the Contractor will be sent to the Contract Manager in Microsoft Word version for posting to the contract site. Contactors shall develop and maintain a State Contract Web Page on the Internet W W W to post approved contract information to enable access to and ordering of Customers' specific items. 'I he Contractor's web page will be linked IIronn the State Contact website and dedicated to the State of Florida Contract. Contractors are responsible for maintaining the contract inlornlation below through their State Contact Web Page for the life of the contract. I. ach C'ontractor's State C'ont'act Wei) P'loe must include the following information: Drdcring Instructions •3 Authorized Servicing; Dealers & Manufacturer Representative Cornnnereiai Price Book or US;A Price Book, PDF or I I 1 M1. F.nvironnle:ntal Rec uirenlenls Recycled C.'ollicnt Requirement :• Additional (inks may be included to access additional product liierattu'c. the (:'ontractor' home I'mTe. or anv other pertinent intornlrltiorr. Am revisions to the originally approved contract itlfclrnnatinn must be authorized in writing, by the Department prior to inlplenununion. I1' unatnhol (zed ill format loll is (discovered \N; ithin_tlle site, the contract link,mdti:. be immediately suspended until the infi)rniation tai .rc sed_r i_ncl_ e- o��ii- 5_terminate t: esecn hp e een nOr technological interruptions or• forces of nature, continued disruption of service or inadequate access rnav be grounds for default proceedings and/or contract termination. Final award is contingent on completion of submtiitted Universal Resource Locatot- (URIA for- the State Term Contract Web Page. See Event'Tinreline. 5.25 MyFlor•idaNlarked"lace (MFMY) Electronic Calak)g Requirement. !-lie MyFloridaMarkelPlaee ("MF'MP") third - party service provider is responsible for converting C'ont'act catalog information into a format supported by the systean. Fo accomplish this conversion, the Contactor, if requested. shall provide certain ini'ornlatlon Ill electronic 101'1mll direclk to the service provider (Note: This formal is generally Microsoft FxCelrl j Paoe JK 0, 4� 4, Willi ill tell (10) business days of written notice from the MFMP service. provider, Contractor shall provide alt information necessary to facilitate electronic purchases From this Contract. Such information may include, but is not limited to, Contractor Name, Manufacturer! Brand Nanlc, SKU. Commodity DcSC61)6011, Llllit Of r11eaSUre. Contractor shall provide this intbrnlation in the format required by the NIMP service provider. No costs or expenses associated with providing this intbrnlation shall be charged to the State, Department, Fligible Users. or MFMP set-vice provider. With the Contractor's timely assistance. the MF MiP service provider shall create and maintain web -based placement of the requested Contract information. Final award is contingent on completion ofand submittal of'MvhloridaMarketPlaee electronic catalog. See Event Timeline. ^ 5.26 Requirements of Contractors Printed paper copies of this contract will not be automatically distributed to contractors Or users. C'ontr'actors can view their current contract through the State Purchasing website at. htt�: / /:/ �lurchasint .statc.ILus. Color brOCIlL1rCS and fabric /finish cards must be provided to all users, upon request. All price lists and literalure will be provided at no charge to the Department or Customers. The Department shall review and approve all literalurc. price lists. and promotional materials before distribution to agencies and political subdivisions. f jillare 10 co 11 )Iv wiith these regl1irements_1n� Y resultill 'idu1lt�rOCeecli�l< and/or contract termination. 5.27 Authorized Servicing Dealers and Manufacturer Representative Contractors are required to name at least a minimum oftwo (2) different servicing dealers fill the State of Florida. Contractors are encouraged to use certified Minority Business Enterprise dealers. It is the: Contractor's responsibility to insure that all customers will be given equal representation and service with the approved dealers. L ach dealer named will be responsible Im delivery and installation of products, as well as providing needed assistance to Higible Users. as defined in Special IllSt'UC6011S. l ;lit),ible lasers. Section i.1. All servicing dealers participating in this contract area required to register in 1v1vF1oridati1arketPlaec if' they will he receiving orders on behalf of the manufacturer. 5.28 Intellectual Property The parties do not anticipate that any Intellectual Property will be developed or created as it result ofthe Contract. I lo\aevcr. in such case as it is developed or created, any Intellectual Property developed or created as a result of the Contract will belong to and he the sole property of the State of L lorida. This provision will survive the termination or expiration of the Contract. 5.29 \Varr anty All equipment includim�_ material used therein shall be warranted by the C'ont•actor against mechanical, electrical, and workmanship defects. In the event defects become evident within the. Warr llty period. the Contractor shall either repair or replace the defective parts and materials at no additional cost to tile. Customer. The Contractor shall he liable to the C'ustomcr for supply elf information and nr<aterial necessary (ill mandaulry revisions determined by the manufacturer at no additional cost to the Customer for the duration of the warranty period. 'I lie (luratic;n of this full parts warranty period shall he at least ;years (except for Fabric and pneumatic cylinders.. which shall be warranted for a minimum 01' 1 year), or the nlanutacturer's standard warranty period, - ��hicll�wc.r is li�n���r. I he ��arraniy period shall start with the date of equipment acceptance and shall he extended to include 1i111eS during which the equipment is out (if' service for warranty repair. The warrarliv shall apply to all equipment provided tinder this contract. 5.30 Insurance, Worker's Compensation The Contractor shall take out and maintain during the life. Of this aoreenlent, W'orker's Compensation Insurance for all of his employees connected with the work of (hies project anti. in case any work is sublet, the Cant'actor s11a11 require the subcont ;lctor similarly to provide Worker's C'or111Sensati0n hlsurarlce fur all oi'the tatter's employees unless Such employees are covered by the protcction afforded by the Contactor. Such insurance shall comply fully with the Florida Worker's Compensation lave. hl case any clan; of employee, engaged in hazardous work under this contract at the site Of the project is not protected under the Workrrlen's Compensation stattnc. the Contractor shall provide, and cause cash soh - contractor to provide. adequate insurance, satisfactory to the C�ustoiller. I, or the protection of his employees not Page 49 fi �F• Ai otherwise protected. INSURANCE:, CONTRAC'TY)R'S MJ13L:IC LIABILITY Ili-ice AND PROPERTY DANIAGF: The Contractor shall take out and maintain during the life of this agreement COMPRLFIFNSIVE GENERAL LIABILITY AND COMPRE1 IE'NSIVE; At.IT'OM01311_1" LIAB11_I FY INSt JRANC L as shall protect hint from claims for damage for personal in Ury, i11Clu(Jj11g aCCidcntal death, as 1�ell as Claims 1'Or property damages which may arise from operating tinder this agreement Whether such operations are by hims'ell Or by anyone directly oi- indirectly employed by him, and the f11110G111 O1 SIIC11 InSIIraI)Ce shall be the minimLim limits as Iloll(m's: A. CONTRA(." TOR' S(_10MPRl.Af1 :.NSIVE.(ilN1:RAl. $300.000.00 LIABILITY COVERAGE'S, BODILY INJURY Each Occurrence, PROPERTY DAMM..4' Combined Single Limit B. AUFONIOBII.E LIABII_UY ?100.000.00 C'OVI RAGES, BODILY INJURY Each Occurrence, K PROPER'L'Y DAMAGI; Combined Single Limit insuring clause fiOr both BODILY INJURY and PROPERTY DAMA(JV, shall be amended to provide coverage on an OCCURRENCE: BASIS _._ _. - -__ _.... _.___. -_. SECTION SIX* PRICE SHEET CON'T'ENTS: 6.l Ili-ice Sheet IThe remainder of this page is intentionally left blarlk (other than tooter information) Page SO m F 4;: 4; zA k Prioe 52 � � % / is /f3�i iA .u.+t ���.�C /�M�' �� �����?.��..J/ r�f �"��'�`T. C� ��YyS �-..' t.:f/` ;1� h {.:� "� •� S AU +tl�V'�il�ilv�,3'.LT�i��)Vll.+ 4 �Y .c�� J� . tp` Section 6.1 I'rW Sheet Respondent's Name: Respondent's Brand Name: Price List Name ! Number i I)ate be sped 1 ic): Series 13 id: 1.4,ach series shall be listed separately by name and /or number. State of Florida Discount State of Florida Quantity Discount Tiers' GSA lliscountZ (##. # # %,) a a Offered {##. ## /o) Offer Status IrE:xample: $0 - $5.0001 50.00% 49,75% (Example: $5,000- $Iwwol 50.0044) 49.00% (Example $10,000 - $25,000] ;0.00 " /0 50.25% -. -- - - _ --- __._ __._____. -_ . _.___..__.. _. -.__ i Additional Quantity Discounts: discounts to any. Single Order oI any combination of awarded contract Heins to be delivered at olle 1I.lst additional applicable time to olle deStinatlon.] I I, Prioe 52 Balance -of -Line Price /Products (if applicable): [1,1st f1roduct Names, Price I..ist /Name /Number /Date (be specific) and discounts.] Installation: [charges may be listed as cost per item, % of net cast of items, or negotiable per project. list. any installation charges.} —^ Space Planning /Design Fees* l=ees may be listed as an hourly ice, percentage of price tee, or negotiable per project. List space planning / design fees. Shipping; / Delivery Costs: [If there are additional costs not already listed in the basic discount price, please detail those here.] -- -- Section b.1. Notes: l 011anlily Discount I iei's: 1.11101. Pho list clualil its discol lm liel"IN ilN approvcd ul l t :rill' (_ SA (. C)Itll "aCl. i, !1 1.)ISCOI.itlt ( ri. { #' %); Inter the (JSA I.)Ihcotmt lik'ludlrlu Inklusirl' -d 1'Undlllw I t c'. PelGClltapvs providCd III the templale 161.111 are C4anlpftJ :ind Lail [-% I'eplllct(1 With Voul colill-act di;i(oullf Iliftll'lllation. - State of Florida Discount C)Ilcrcd (111". ; ' °0): I";uter the Stale ol,1 1011(.i D15COMIt a!'fered ineludillU TN'Insaetion I-ee (l'iXed Iiscount). Sipe Section a.10 Price Discount 7 - State of 1 lorida 011e.r Status: For each Discouril Pier, enter the Staic of f=lori(fa i)ISCOLirll offered (includina 'I'ranst)ction I ce). I he discount must be no less than 0.2 "„ helow the 6S A 1.)i Count includinL_>. In(lustrial 1" Uili.1111L Fee. C'onlphalice i Non Compliance status will be calculated arld displm'l d. Sec Section 5.10 I'riceil)iscount Any additional charges or fees must be noted on this form Oil the State expects that there are no charges. PLEASE 1)UPLICATE ON ADDITIONA1. TABS Ili NEEDED, Page 53 CONTEN'T'S: 7A Ordering instructions Dorm 7.2 Authorized Servicing; Deater d iMarurtaetru•er Representatives Dorm 7.3 Certification of Drug; -Free Workplace Program 7.4 Quarterly Sales Report Form 7.5 Savings /Price Reductions Form Pate 5-t SECTION SEVEN FORMS CONTEN'T'S: 7A Ordering instructions Dorm 7.2 Authorized Servicing; Deater d iMarurtaetru•er Representatives Dorm 7.3 Certification of Drug; -Free Workplace Program 7.4 Quarterly Sales Report Form 7.5 Savings /Price Reductions Form Pate 5-t e; 716 Product List Form 797 Response Preparation Checklist 1The remainder of this page is it) tent ionaHy left blank (other than footer information) Noe k: ep"x C fit RFSI'ONDENT Fl;l1:) NO.: MI P / S13URS VVNI)OR NO.: SIRE ET ADDRESS. CITY, ST'A'TE and SIP: INTFRNV 1- ADDRESS: `l'ELETI ION_E NOS: - T_OI 1 FREE NO.: _ FAX NO.: [Enter Respondent's Federal F.ntplover Identification Numberl [Enter Respondent's MFMI' / SPE,IRS Vendor Number, if Known) [Enter Respondent's Street Address] ].Enter Respondent's City, State and "l.II'] [[.Inter Respondent's Internet Address[ (Enter Respondent's Main Telephone NUntber] [E.nter Respondent's Main Toll Free '.Telephone Number, if Available] [Enter Respondent's Main F_ax_Numberl Person Responsible For Administering The Contract — NAMF': [Enter Contact's Name] [E :nIer Contact's Tit Iel S 1 RT E:T ADDRE 5S: [Enter ('ontaet's Street Address] C'I'TY, STAIT and [Enter C'ontact's (Ity, State and L11'] L••MAIL ADDRESS: [Enter Contact's E -Mail Address] ?L E:r_LI'HONI_ NO.: [Canter C_ontact's I :elephone Numbed 'I OlL -FREl" NO [Linter Contact's Toll -Free Telephone Number, rt Avadablel ^ _ (1-11, I1 IONS; NO.: [E?,nter C'ontact's Cell Phone Number (Optional)l FAX NO,: [Enter contact's Fax Number] Ordering and Remit -To Information Please provide information where Customers should direct orders. You must provide a regular mailing address and email address. If equipped to receive purchase orders electronically, you may also provide an Internet Address. RFAillIT -TO: ]Enter Respondent's Remil -To Name) Or Enter "See Servicing Dealer List" RE :MIT-TO SIRE :T [Enter Respondent's Remit-To Street Addressl ADDRESS: RE MI'T -T O CITY. '1,11': [l.;nter Respondent's Remit -To City, State and ZIl>1 ST 1 T1:: and RI I'M I I -TO VA4AIL and %or INT'I.RNT;'i [linter Respondent's Remit - "T "it I: and ?or INT-6RN1:T� Address] "rttail ADDRESS: Note: Please make sure the Ordering Instructions information provided above matches the My loridaMarketl' lace ( ";WN 111' ") Vendor Reo istratioll account information (!t tit). /(`en(L(y.tnvflorida111 3 t'ke1E3�3fe.l'pYTI /�. 1>1;l:ASI:; DUI)I_.ICAT Flt ON ADDI ITONA1, '1 ABS I1 1 Nl -I:D1 D Pa'�e 5(i Aj S � �1 -v.�. c�, .5r��t�zr �zL '_} $'t( ��''{( .'� ✓ ;'� 1. fti; .,.'R • �:,f�le yp� y ♦ (�-��y�y'c4 `'T c u f� i� ; - ,%.'_`�l }� „� � �..,? /�r4 may. +;u�..rY. iv4�� Y � _ a:Yn d. Serviciny Dealer Information _ ),.A FR NAME- IrEnter Dealer's Namef DI AL.ER FEW NO_ [ElmerDealer's Federal C_mplover Identification Numbe l __ -_� -- M C�N1P % SPl IRS FM1OR NO.: I Enter Dealer's MFMP / SPURS Vendor Number, !1' Known] S "i'Rkl L AI)DRkSS: [Enter Dealer's Street Address) �._. .- _- - _- _ CLC,Y. STATE: and [,k?tater Dealer's City. Stag and /.IP) 1P: 1NT[ RNk "I (.I- -rater Dealer's Internet Address) ADDRESS: TF;L Pk_C()NE NO..___ (k?nter Dealer's Main Telephone Numbed I OI ( FRl k No.: jk net Dealer's Main Toll-Free l llcphone Number, it Available) FAX NO.: [Enter Dealer's Main F' ax Number] IV1anrf ;xntxxt•xr ]Zpnr•n�nnt.xti�xn MANt1PAC. "I•LdjIIIt'S RE:PR] S'mWFATIVI: [k tttCl' Martt.ttiicturcr's Representative Name) NAME?: I t 1.E : : rntc :_.._ t•'S t Manufacturc�pese ntative l iticJ _..._ __._... _ -__ ___ . ............. _ - ------ ...... S R E C 1DDR Sti [ ntet Mamtac uet'� Representative Street Address] CITY. 5TATF: and [E;nter Manufacturer's Representative City, State and I.IPJ L111: G-MAIL. ADDRESS: [[Inter Manul_acturer's Representative E_Mail Address] _______ 1 k I EPIIONL NO.: (kintet Manttiac.tuter's Representative Telephone Number TOLL - FREE; NO.: [Enter Matutkactut•er's Representative Toil -11•ee Telephone Number, iCAvailable] ___m ---- __ ._.. _ I _ --- .___. _ -__ --- -- C_ k k L P1 10 N E NO I.Entet Manufacturer's Representative tell Phone. Number (Optional)) ___.. - r-AX NO.: (Enter MatlnlhCYurer'S Representative Fax Nuutbet'j GORAPI IIC AREA (Enter Manufacturer's Represenurtivc Gcooraphic Aria orTerritory7 OI. I E :RRH(WY: NO I FS: Note: Please make sure the Ordering Instructions information provided above matches the,RMyFloridaMarke-tPlace ( "NIFNIP ") Vendor Registration account infor•rrtattion (Irttp: Uven dor.Inavfior•idamar•ket lace.corn /). PLEASE DUPLICATE `L`LIIS FORM ON ADDITIONAL TABS AS NEEDED Pa. e 57 6: C; 0: Certification of Drug ree Workplace: Section 7.3 Section 287.087 of the Florida Statutes given to a bid received from a bidder tl sign helovv and return this form to certify provides that, where identict:tl tie bids are received, preference shall he at certifies it. has implemented a drug -free workforce program. Please that your business has a drug -free workplace program. I) Publish a statem cm notifying employees (flat the unlawfitf manufacture, distribution, dispensing, possession or use of'a controlled substance is prohibited in the workplace and specilying the ac(ions that will be taken against employees for violations ofsuch prohibition. ') Inform employees about the dangers ofdrug abuse in the. workplace, the business's policy o1'maintaining. a drug -free workplace. any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. i) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy o1 the statement specified to Subsection ( I ). 4) In the statement specified in Subsection ( I ), notilj: the employees, as a condition of working on the commodities or cottractual services that are under Rid. the employee will abide by the terms of the statement and will notify the employer of any conviction of: or plea 01' guilty or nolo contendere to, any violation of Chapter 893) or of any controlled substance law of the United States or any State, for a violation occurrin( in the workplace no later than five (7) days after such conviction. 5} Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the ernployec's cot71ltu.tnity bN° any employee who is so convicted. G) Makc a ilood faith Cflort (o continue to rrtairttain a drug -free workplace through implementation of this section. r\s the person authorircd to sign the statemc,nt. 1 Certify that this tine Ccnnl.>lies fully with the above requirements, False statements arc punishable at law. R11)f)LW!. NAMI: 13v: Authorized Si Mattu•c Print Name and Title {rase �8 �a Certification of Drug ree Workplace: Section 7.3 Section 287.087 of the Florida Statutes given to a bid received from a bidder tl sign helovv and return this form to certify provides that, where identict:tl tie bids are received, preference shall he at certifies it. has implemented a drug -free workforce program. Please that your business has a drug -free workplace program. I) Publish a statem cm notifying employees (flat the unlawfitf manufacture, distribution, dispensing, possession or use of'a controlled substance is prohibited in the workplace and specilying the ac(ions that will be taken against employees for violations ofsuch prohibition. ') Inform employees about the dangers ofdrug abuse in the. workplace, the business's policy o1'maintaining. a drug -free workplace. any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. i) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy o1 the statement specified to Subsection ( I ). 4) In the statement specified in Subsection ( I ), notilj: the employees, as a condition of working on the commodities or cottractual services that are under Rid. the employee will abide by the terms of the statement and will notify the employer of any conviction of: or plea 01' guilty or nolo contendere to, any violation of Chapter 893) or of any controlled substance law of the United States or any State, for a violation occurrin( in the workplace no later than five (7) days after such conviction. 5} Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the ernployec's cot71ltu.tnity bN° any employee who is so convicted. G) Makc a ilood faith Cflort (o continue to rrtairttain a drug -free workplace through implementation of this section. r\s the person authorircd to sign the statemc,nt. 1 Certify that this tine Ccnnl.>lies fully with the above requirements, False statements arc punishable at law. R11)f)LW!. NAMI: 13v: Authorized Si Mattu•c Print Name and Title {rase �8 Vendor Name: Contact Person: Section 7.4 Quarterly stater Term contract Sales Summary Report Contract'] Mlle: Paz or Email form to: Brenda Wells IN :rv: 850 -414-6122 Reporl reflects all .sale(.`• our the FFID. T- Phone Number: Finail: Contract If- b:mail: Brenda .vrcIlsyadms.inylbrida.com YEAR) ('.-al.l_:'VDAR OUARTER. Check One Quarierir Period finding September 30th F t>uanerla Period hiding December 31st _ .. _. .._. r.N i rrti _ - _ �._ ..... _ _.. STATE ACENCI S: Report dollar amount sold to all state Agencies. i s POLITICAL. SUBDIVISIONS: � Report dollar amount sold to other Political Subdivisi(tos ( including but not limited lo, Counties. Citics, Sclt(>ols, I lniversities. Colleges and LItiliticsi, Environmentally Preferred Products Report dollar amount sold to agcncics: { S Report dullar a Iotalt sold to political ;uhdivisions: (:RAND TOTAL: ti TAL DOLLARS Under penalties of perjury, I declare that this is a true and accurate report of' .111 sales (file under the terms and conditions of this state term contract for the specified quarterly reporting period, ALA IIORI %1:D "I YPED SIGMA I t RE: lt_I'i IJORIZEI) L R1?: ot cs: i_-..._...._.._.... -. __...__._.____.__._.__._..____.___..__. ...._.�__.- _---- _..r.._.___.___ i) A quartcrh report is required even ii•lhcre arc no sales lot the specified (Iuarter. please enter icro dollars \+here applicable. I his lurtn is for the reporting ol,quarlerl} sales onh. It is not relalcd to rcporlinr and pacmenl of condor ua[saction ice,. 1 I o enter elccnonic signature. click lest boy. click "In>:'rC' lot! (n)l har). select '- piciule , and select picturi t pc to paste or enlei, signature. d) 1 or inlirnnation concerning the 11se. ol,ihis I'mili, please coniact the l'onu;(ci Adininistralor [wined ahmC. tRe\. i ISMS) Page 59 Quarterly State Term Contract Sales Summary Report Detail by commodity /service category, and /or bV customer. May be iorrnatted to accommodate company reporting system. Page 60 SAVINGS /PRICE REDUCTIONS: Section 7.5 Invitation to Bid (I f'13) No. Respondent is required to fLU'nish the percent (` %,) savinus in prices offered compared to retail, list, published or other usual cilld Ct1S10111ai'Y pl'ICCS that tWLIW be paid b\` the pU1'ChBtiertV11I10L11 belleflt ofa C011tract WSLifting from this bid. DA'I F' C'OMP11 "FITIVE PRICE'S OFFF:RIA AVFAAGI: % SAVINGS. HOW CAN W. VERIFY l LIL: CLAIMLD SAVINC;S (example: retail oi- other usual and custonlary prices published at tin 1, or ofhel' Solri'Ce of 0011Cfllltili'K pl'ICCSY! A[ � "} I IORf7.l'.C) SI(;NA I'tiftl.: "}'L�.I,F•;PfiONL�: NI'ti1I31:R: RiSPONDI;Nf NANIf;: If' CONTRACT AWARDED. ST.A II. Pt1RC'I IASING ANAL.YS 1)'SPF.CIAI:}S1' TOOK `Tail: F=OLLOWING S1'ITS R) VI.RIFV `+AVINGS: WI IA I WERI VIII. RLSUl, FS? Pt1RCIIASING .ANALYST: /SPI:C'IALISl Ill 1R 706.1 (Rev 3!04) Pa0c 61 10 0e 4: k; At, PRODUCT LIST FORM: Section 7.6 k' The Product list I,orm is all example of furniture pl'0duC1S OI CI -ed tllldel- this SOhcitatioll which Will be available Oil the Malt: ol'I''lorida Office I'lit'ilillil'C alld files CulllraCt. IalCase check the Ill'Odllcl5 yoll Offel'. MANUFACTURF'..lt iv E. SYS`I'ENIS FURNI'T'URE ❑(.)pen Office SVStems f=urniture. ODeskin.o Systems L]Conlnlilnications Cti'. Workstal.ions E]Stacking Open Office System~ OF1oor -to- Ceiling. Partitions .lComputer Stations TEC'HNOLt)G' RUSK [— ]Dispatch/91 I ❑LAN FurnitlWe E.1%VAN Furniture [_ 1Scrvcr backs ❑l.ateral f=iles- Nictal (Keyboard Supports _]t ;Able Management E]CAD Workstations, ��]Adjusttlble I leight Wort: Surfaces [,_1t:rgonomic Accessories Lateral Files - Steel IjVertical Files - Steel .]Lateral Files -Wood ❑Vertical Files -Metal (Vertical Files -wood Fireproof Files ❑ADP /Data Storage [.Metal Storage Cabinets )Plan Storape L]Media Storage (_]Shelvillu)[Personal Storage [�]Collterence Storage & Training >, Slora(Ye SEATINC; C ]F'rvonomic Seating L_] 1 ask Seating (.]NIuiti- Shift Seatillf, Elmo & "-fall Seating []Rig & 'fall Multi - Shift [ll'xecutive Seating []Side Chairs LoullVe Seatily) L] 1 rainint Room Sealint...>, El Stack Chall's [_]Multi - Purpose Seating I ,]Wood Seating, []Conference or training chairs CASEC10OUS F ]FAOCUtlVe Wood Office FUI'lliturc [_��t.alllinate OI- ice Furniture E]Mctal Office I:urnitul'c j ]Conlputel' DeSkS []L..aminaty Bookcases ]Wood Files Elwood Bookcases NG /PUBLIC AREA training Tables Wood Conference "fables Occasional "Fables I,anlinale Conferencc Tables Laminate Conference Accessories (__jl'resentation Accessories �,]C'omlxltcr'll-ainin� fables �._jMulti -- Purpose 'I bICS t_JAudio /Visual Accessories (_. lReception Desks Page Q E Map Files [Mail Processing Furniture [ ^Sofas � . L:oveseats [Sinl,)lc & Multiple Seatini, Units Response Preparation Checklist: Section 707 The Response Preparation Checklist is a ,(wide to assist Respondents in Verifying tile completeness oftheir response. file Response Preparation Checklist floes not relieve. the Respondent ofthe responsil)ility oi'ensuring that all recauirements of this solicitation ;arc included with submittal of Response. The following section pertains to the electronic portion of the response that will he submitted via the Myl *ioridaMarketPlace Sourcing Tool: Reviewed the MyFloridaM(-rketPlace Sourcmt) Tool Online ' ll -ainingGuide. All documents IV(11 61'14); a Yes /No answ i- have been fully read and answered. All required d0CUl1leMS have been fully completed and uploaded into Respondent's response. (Price Sheet(s), Ordering Instructions, ,Authorized Dealers & Manufacturer Representatives, Savings/Price Reduction, Product List, and Certification of Drug -Free Workplace Form) Submitted all questions to tl)e MyFloridafviarketPiacc Q&A Board, no later than date and time listed in Section 1.2 went Timeline. Viewed answerS to submitted questions as posted in addendt.urt to solicitation. Submitted tile electronic portion of the response using die Myl- loridaMarketl' lace Sourcing tool. The following section pertains to the portion of the response that must he received by the contact person below no later• than date and time listed in Section 1.2 Event "Timeline. Wchsite t_iRI. Addmss Federal GSA Cataloo /Price Book (CI) torntat) Purchase Order; or InvoiC4s Current Price` ilook (t.'1) form;ii) I I)Vironrnental R.equirentettts (M Contract (copy. ) RCCVCIcd ContQnt Rcquirentt nt: Contact Person: Brenda Wells, C1111,11, ht:'I'17, FCPA, FCC'm Purchasing Analyst, Team Lead Department of Management Services Division of state Purchasing 4050 Esplanade Way, Suite 370 Tallahassee, Fl, 32399 -0950 Outer packaging shall clearly states the Response Title, Number, Opening Date and Time along With Respondent's Name and Address. Pale 6 i C ai H? �i ADDENDUM NO, 9 State of Florida Department of Management Services INVITATION TO BID ( "ITB ") 17425 -001 -F Office Furniture and Files January 11, 2011 4i The Department hereby answers Questions posted by interested Vendors, and provides additional guidance for completing Price Sheets. Unless expressly indicated, the answers included herein do not amend the terms of the solicitation documents. Failure to file a protest within the time prescribed in §120.57(3), Florida Statutes, or failure to file a bond or other security within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes Please Note: This addendum does not need to be returned with the Response. Question No. 1 Due to restructuring within our company, our current GSA contract is scheduled to expire this year. However, our parent company intends to secure a new GSA contract under the parent company's name and FID #. If awarded a contract with the State of Florida, are we able to transfer the Florida contract to the new GSA contract awarded to our parent company at the prices on the new GSA contract? Answer No. 1. Awarded Contractors may request revisions at any time during the contract term in accordance with Prices /Discount, Section 5.10, Addition /Deletion of Vendors and Products Offered, Section 5.13 and Contract Revisions, Section 5.23. Question No. 2 Can a vendor /manufacturer be included on 2 contracts? Example: if a vendor has an E &I contract which does not include conferencing and desk, will this vendor be able to submit those products on this contract? Thanks Answer No. 2 Yes, a vendor can be included on two contracts; however, the products must not be in conflict. Please: reference Basis for Award, Section 3.15 and Eligible Products, Section 5.1. Question No. 3 Good afternoon, I would like to respond to this bid, however, I do not see anywhere in this package an itemized list indicating product, descriptions and quanitities. Will there be a separate addendum? Answer No. 3 No. The contract resulting from this solicitation is a state term contract and will be used for many projects throughout the state. Specific project requirements will be provided by contract customers, per project. Please reference Introduction, Section 1.1. Question No. 4 1 notice that only Manufacturers who hold a GSA Contract can submit a bid. Does the GSA Contract held at the time of submitting a bid have to remain in effect for the entire term of the Florida Contract? Answer No. 4 Awarded Contractors may request price and product changes at any time during the contract term in accordance with Prices /Discount, Section 5.10, Addition /Deletion of Vendors and Products Offered, Section 5.13 and Contract Revisions, Section 5.23. ITB 17- 425 - 001 -F; Office Furniture and Files: Addendum No. 1 6 Question No. 5 1 am requesting that the deadline for questions be extended. This bid was issued just before Christmas break and many of the manufacturers I represent are just getting back as they were closed the last two weeks. Another few days to a week would be helpful to be sure we have reviewed and asked all relevant questions. Answer No. 5 The Event Timeline is comparable to previous solicitations for this commodity. The Department does not intend to amend the timeline. Question No.6 As a continuation of my question on GSA Pricing- our current GSA catalog is out of date (and) has several line items that are obselete. The new GSA catalog has several new line items - we would like to submit the new price list as the basis for our bid, even though it has not been approved by GSA yet (should be within a month). Can we do that? Answer No. 6 The Basis for Award, Section 3.15, specifies products currently available on GSA Schedule. Awarded Contractors may request price and product changes at any time during the contract term in accordance with Prices /Discount, Section 5. 10, Addition /Deletion of Vendors and Products Offered, Section 5.13 and Contract Revisions, Section 5.23, Question No. 7 Can you please clarify what "Series Bid" means (on Section 6.1 Price Sheet). We sell Console furniture and millwork but have several types of consoles. Are each of our console products considered a different series? is Millwork a different series? Answer No. 7 "Series Bid" means the name and /or number your company assigns or refers to a group of products to identify the products. Question No. 8 (Company name removed) recently submitted a request for a price change to our GSA catalog. I expect this to be accepted by GSA in the next month. Can I use this new GSA pricing as the basis for our bid? Our current GSA price is based off our old Price catalog, not the current one. Answer No. 8 Please refer to Answer No. 6. Question No. 9 RE; "Copy of GSA Contract'; Are you wanting the award pages and mods or are you wanting the entire solicitation offer award and mods which runs over 400 pages? Answer No. 9 Reference Section 3.8 Submittal of Bid. We need the specific pages which detail the Respondents GSA award that confirm manufacturer name, contract number, effective dates, and pricing discounts Question No.10 The ITB has a Responses Due date of January 24, 2011 (2:00 pm ET), but the online timer indicates only 6 days left. Which is correct. Answer No. 10 The solicitation was in Preview Status at the time of this question. The timer would have shown how many days were remaining in the Preview phase. Responses are due January 24, 2011, 2:00 PM ET. Question No. 11 1 need your advice on how or if I should bid for the contract. We are (Company Name) the Florida distributor for Ergonomic Office Chairs. We sell quite a few 24/7 chairs to 911 and power companies in Florida. Ergonomic Office Chairs has the Ironhorse line of chairs under a GSA contract. Normally when I sell to GSA in my territory, the transaction has to go through Ergonomic Office Chairs and then I am the direct contact for the GSA customer if a warranty issue arises. The pricing is all the same in my territory under the GSA pricing. My ITB 17- 425.001 -F; Office Furniture and Files: Addendum No. 1 41 M; question is can I bid on the Florida contract? All the pricing will be the same whether you purchase frorn me or direct through Ergonomic Office Chairs. I would appreciate your input. Thank you very much and have a good day. Answer No. 11 Please reference Who May Respond, Section 3.4. Question No. 12 Can you tell me where the Prepare Response button is located? It is not at the top of the page, thank you very much. Answer No.12 Please refer to Answer #10. Question No. 13 Good morning, Are all manufacturers eligible that meet the GSA and state specs? Answer No. 13 Please reference Who May Respond,, Section 3.4 and Basis for Award, Section 3.15. Question No. 14 Good morning, Will you need a seperate product list for each manufacturer? Answer No-14 Yes. Please reference Submittal of Response, Section 3.8. Question No. 15 Good morning, In order to give you pricing I will need more specs on the product list form. There are no specifications about size, finish or needs. Will you publish a spec sheet? O.i question is can I bid on the Florida contract? All the pricing will be the same whether you purchase frorn me or direct through Ergonomic Office Chairs. I would appreciate your input. Thank you very much and have a good day. Answer No. 11 Please reference Who May Respond, Section 3.4. Question No. 12 Can you tell me where the Prepare Response button is located? It is not at the top of the page, thank you very much. Answer No.12 Please refer to Answer #10. Question No. 13 Good morning, Are all manufacturers eligible that meet the GSA and state specs? Answer No. 13 Please reference Who May Respond,, Section 3.4 and Basis for Award, Section 3.15. Question No. 14 Good morning, Will you need a seperate product list for each manufacturer? Answer No-14 Yes. Please reference Submittal of Response, Section 3.8. Question No. 15 Good morning, In order to give you pricing I will need more specs on the product list form. There are no specifications about size, finish or needs. Will you publish a spec sheet? Answer No. 15 No. Please refer to Answer #3. Question No. 16 Section 4.11 Transportation and Delivery - Will the order acknowledgement with the actual ship date be satisfactory to comply with potentional delivery delays beyond the 30 day requirement notification? Answer No. 16 Section 5.18 Delivery Requirements takes precedence over Section 4.11. Section 5.18 specifies 90 days delivery for furniture. Delays must be clearly presented to the Customer and justified to the ordering agency in writing. If a delay is noted on the Order acknowledgement, it is the responsibility of the manufacturer or servicing dealer to notify this delay to the Customer and obtain acceptance. Question No. 17 Section 4.4 (d) Trade -In. Please confirm that the term equipment is strictly meaning things like copiers and fax machines, etc. Not, furniture, Answer No. 17 Trade -in, Section 4.4, paragraph (d) is not applicable for furniture. Please reference Order of Precedence, Section 3.7, Question No-18 5.10 prices /DISCOLInts: (Company name removed) is a State of Florida corporation. We manufacture and install Full Height Demountable wall systems. We do not have a GSA price list with discount. We have a Miami -Dade County contact for materials, labor and freight included with a discount schedule. Can we provide this contract in lieu of the GSA pricing under 287.042 (16) (a), F.S ? Answer No. 18 Please reference Section 3.4, Who May Respond. Responses are requested from manufacturers holding current Federal (GSA) Contracts for products offered on this contract. Section 287.042(16), F.S.. references an alternate contract source approval process. This process is separate from this competitive process outlined in Section 287.057 ITB 17- 425 - 001 -F: Office Furniture and Files: Addendum No. 1 (1) (a), F.S. Question No. 19 Even though our current contract was just extended through March 2012 we should still participate in this bid? Answer No. 19 Yes. The current state term contract for Office Furniture and Files has been renewed through March 1, 2012, and will be in effect until a new contract has been implemented. FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN §120.57(3), FLORIDA STATUTES, OR FAILURE TO FILE A BOND OR OTHER SECURITY WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES ITB 17- 425 - 001 -F; Office Furniture and Files: Addendum No. 1 m 111B 17- 425-001 -11 Office Furniture and Files Addendum No. 2 The referenced solicitation is amended as fbllovrs: The Notice of Intent to Award will be posted on the Vendor Bid System (V13S) on Mav 17, 201 I. FAiL,LJR1 'F(:) FILL; A PROTEST f Wi`fI IIN 'i'l IL' H Ml: 13RI;SCRIBFD IN 5120.57(3). FLORIDA STATUTES, OR FAILL.IRF TO 1:I1.1; A BOND OR OTHLIA SI:CURffY WH1 -IIN TI IE; 1'1MI ALLOWED FOR FILING A BOND SI IA IA- CONSTITUIT', A W'AIVF'R OF PROC[TI)INGS UNDLR CI IAPTI:R 120, FLORIDA STA IFFFS. Section 1.2 F,vent'Limelitic is Amended as }:allows: Off °ICC Furniture 81ld I lICS Mal 29. 201 I 14111 17- X125 - 001 -1-• Page i of I Addendum NO. 2 l vent 'll"imeline Activity lor lrl'll #17,42!5-001-F Date Notice of Office Furniture & Files solicitation is posted to the Vendor Bid System (VBS) alld the Complete OfticC l urniture & Files solicitation is posted in the December 20, 2010 i yHoridaMarketPlace S011l'Cllli Tool. Solicitation will initially be in "Preview" StatuS where Respondents can view /download all information and ask questions, but cannot input Of- SUbl1lit l- CSpOtlSeS. Deadline 10 SLlbilllt QLWS60I1S, 01- 1'CilUe 1 lO1 Sl)e" CatiC)Il C-llalTe Vla the fail uary 4, 2011 WHoridaMarketPlace Sourcing tool O A Board (Respondents must monitor Message > pm L: T' Board for communications). Department \will post Answers t0 Responde1115 questions as all ilddelldtl111 t0 file 11. 201 1 solicitation withill the MVI IorldaMarkctPlace Sourcing Tool. Respondents I11tist monitor •lanuary Message Board 1,61- com ill Lill icaliolis. Deadline to Sllbilllt Response, inclU(llil'�' all required documents Ill the '01 Il1nl18Y 4 I y 7 MyFIOrldaMarketPlace 1;ourcing I ool. Utilize the Respotls< Prepaiation Checklist to make sure all required document and responses ate colilpleteci, (Section T7) � pm L:'1 Deadline for submittal ol'State Tel-n Contract dedicated weh site 1. !R1. Address. (Section January 241, 201 1 3.12) 2 pill f:T Notice of intent to Award posted on Vendor Bid System ( VBS), Mav 17, 201 1 To Be Determined Prior to Deadline, I'Or development of oh- OCUrcnlent Catak)_U within MvI IoridaMarketPlace. Contract Award Per Per Section 2.17 Contract Contract Award Off °ICC Furniture 81ld I lICS Mal 29. 201 I 14111 17- X125 - 001 -1-• Page i of I Addendum NO. 2 N cs � IT'13 No. 17 -42:+- 001 -14 Office Furniture and Files Addendum No.3 The referenced solichation is amended as follows: a w The posting of the Notice ol- Inte.nt to Award scheduled lbr May 17, 201 1 is postponed. All updates will be posted on the Vendor Bid System. QuestionS Should be directed to i3renda Wells, Purchasing Analyst, at Brenda. Wei ls(<i,.dms.my11orida.com. FAILURE TO FILF: A PROT FIST W ITI]IN TT E' T'IMI PRFSC'RIBI?D IN §120.57(3), FLORIDA STATUi "ES, OR FAIL.,L.1RI; `l'O FIL A BOND OR OTHFR SF.C'LIRITY WI'1'l IIN TI 11,11 FIND: ALLOWED FOR FILING A BONi) SHALL. CONSTITUTE A WAiVFR OF PROC ITIANGS UNDER CLIA11"I'ER 120, FLORIDA STATUTES. Section 1.2 Event Timeline is amended as Iollows: 011 ice Furniture and Files IT B 17 -4�2S -001 -F Addendum No. ) May 17, 201 1 Pale 1 of 1 1 Event Timeline Activity fcrr IT13 #17425- 001 -F Date Notice of Office Furniture &. FileS solicitation is posted to the Vendor Laid System (VBS) and the complete Office Furniture & Files solicitation is posted in the December 20.. 2010 MyL�lolidaMarketPlacc Sou1-cing Tool. Solicitation will initially be in 'Preview "' Status where Respondents can view /download all inform-,ition and ask questions, but cannot input or submit responses. Deadline to Submit QueSUOns. or request for specification change via the MvFloridamarketl lace Sourcin.t tool Q &A Board (Respondent~ must monitor Messag)e January 4, 201 1 "1' Board for communications), S pill L Department will post Answer's to Respondents questions as all addendulll to the solicitation within the lviyL=loridaMarketPlnce Sourcing Tool. Respondents must monitor January 1 i, 2011 Message Board for Will [it 11111catlons. Deadline to Submit Response, including all required documews ill the 1llyL101- IdaMalketPlace Sourclnp Tool Utilize the Response Preparation Checklist to January 24. 2011 make sure all required docum(.nts and responses arc completed. (Section 7.7) u pill 1..1 Deadline for submittal ot'State Term Contract dedicated web site 1, Rt. Address. (Section January 24. 201 l 3. 12 j 2 pill FT. .-------- —_..__._. . ____. _ ------ -------- ------- ---- _ — °- _- __--- -- _ -._.._ _-- -- _. - - -- Notice ol'Intent to Award posted on Vendor Bld S.atenl (V13S). I o Be Determined Deadline lOr development OI ePr0CLir('llle-I11 catalog within ��iV1�101'lda��laikell'lacc'. 1 () Be L)l,tC'I'I'll riled Pt'IOr IO Contract Award Conti-do Award Per Section 2.17 Contract Forillation I 011 ice Furniture and Files IT B 17 -4�2S -001 -F Addendum No. ) May 17, 201 1 Pale 1 of 1 V, 61, A: M 40 n, y, To. Honorable Chair and SMCRA Board -Memb From: Stephen David, SMCRA Directo 49 Date: March 11, 2013 ITEM No. FD SUNSET DRIVE MEDIAN CONSTRUCTION UPDATE During the February 11, 2013 Meeting the Board formally tabled a construction services amendment with Bofam Construction Inc. to provide night construction work at an additional project cost of $29,969. During the meeting, the contractor's responsibility to ensure that construction was conducted in the most disruptive manner to the public as possible was discussed by the Board. By tabling the item, the originally approved agreement with Bofam Construction Inc. currently remains in effect. Fallowing the meeting, Bofam Construction Inc. was contacted and informed of this recent Board action. A formal response was also recently received from Bofam Construction and has been attached as Exhibit A. The attached information will also be shared the City Manager for possible re- bidding of the project at the discretion of the City Commission. Attachments: Bofam Construction Inc. Letter of Response SD /MCGRUFF \PLANNING \CRA \Sunset Drive Median Construction Update.doc 40 I G] W EXHIBIT A LETTER OF RESPONSE FROM BOFAM CONSTRUCTION INC. 0 zd U From: austin @bofaminc.com [mailto:austin @bofaminc.com] Sent: Wednesday, March 06, 2013 1:54 AM To: David, Stephen Subject: RE: City of South Miami (Sunset Drive Landscaped Median Project) Mr. David, As a follow -up to our recent conversation, please note that Bofam Construction Company does not initiate change orders but it is the contractor's responsibility to advise the project manager all known site conditions before commencement of work. The decision for the change proposal request to carry out the construction work overnight was made by the project manager having recognized the level of traffic inconvenience this project will create for the commercial district. However, Working after hours (Overnight) is not the same price as to working regular hours (Daytime) for the following reasons: Supplier deliveries, Overnight labor and supervision, Insurances and liabilities. Moreover, Due to time lapse between the time & 180 days) our supplier could no longer hold commitment, therefore, three (3) out of the four priced for the project have been harvested and another sets of trees for the same price proved change in price. e project was bid till date (past on to the trees without any (4) trees that was selected and sold. Efforts to quickly secure impossible, Hence there was a Therefore, it is not in our best interest and the taxpayers interest to undertake this project at this time. We will agree with option #3 "Re -bid the project". Please note that we have incurred some expenses since the execution of the contract. Thank you for the opportunity to participate in this project. Sincerely, Gboiahan Austin Akinrin Project Manager, Bofam Construction Co, Inc 697 N. Miami Ave, Loft #3 Miami, F1 33136 Tel: 754 - 245 -0102 Fax: 305 -675 -9269 E -mail: Austin Obofaminc.com 0 Steven J. Alexander From: David, Stephen Sent: Tuesday, March 12, 2013 3:20 PM To: Steven J. Alexander Subject: Inter - Related SMCRA/City Project Updates Attachments: Board Approval of Computer Lab Project Expenditure. php.pdf; Sunset Drive Median Construction Update.php.pdf FYI, the After School Computer Lab improvement costs were approved during yesterday's based on the attached expenditure estimates. Also, as previously indicated the attached Sunset Drive Median update was presented to the Board with no direct response received. Finally, the "cone of silence" is still in effect for Madison Square solicitation process. Additional community input will now be sought prior to final selection. Stephen I La 6) M To: Honorable SMCRA Board Members From: Stephen David, SMCRA Directo 6; 4�; llllm SMCCRA too$ 'M1Liln+l ,.�, Y. •;�varh +xl�r G•.et r�xr In Inv. lu,:A.mana.y., n Date: March 11, 2013 ITEM No., AUTHORIZATION TO DISBUSRE ALLOCATED FUNDING FOR AFTER SCHOOL COMPUTER LAB RENOVATION Resolution A resolution relating to Special Redevelopment & Technical Services; authorizing a disbursement of FY 20124013 budgeted funding for After School Computer Lab improvements in an amount not to exceed $30,408.81 for the purchase and replacement of malfunctioning computer equipment and related software in After School Center Computer Lab located in the Gibson - Bethel Community Center in the Community Redevelopment Area; and charging the total amount to Account No. 610 -1110- 559 -99 -32 (Special Redevelopment /School Assistance Account). Background During this year's budget approval process, the Board allocated a total amount of $32,262 in the FY 2012 -2013 Budget for required facility improvements to the After School Computer Lab located in the SMCRA Area. A final determination was recently reached concerning on -going maintenance responsibilities for the computer lab (See Exhibit A). Based on the total estimated cost of the computer lab improvement project, the Agency would be responsible for a total of $30,408.81 for purchase of the following expenditures: • Twenty -Two (22) i5 Desktop Computers - ($24,58764); and • Required Computer Software - ($5,821.17) The City of South Miami would in turn be responsible for the following items: • Computer Lab Furniture - ($8,290.26); and • On -Going Annual Computer Lab Maintenance All attached quotes were solicited by the City of South Miami as part of the following State of Florida contracts: Dell Inc. Contract #250- WSCA -I0-ACS; SHI International Inc. Contract #252 -001- 09-01; and Galloway Inc. Contract #425-001-01 (See Exhibit B). Approval of the attached resolution shall authorize the Agency to disburse funding in an amount not to exceed $24,587.64 to Dell Inc. and in the amount not to exceed $5,821.17 to Shi International Inc. for the purchase of twenty -two, new desktop computers and required software as identified in Exhibit A. Recommendation Staff recommends approval of the attached resolution authorizing a funding disbursement in the total amount of $30,408.81 for the purchase of twenty -two desktop computers and required software to be installed by the City of South Miami in the After School Computer Lab located in the SMCRA Area and charging Account No. 610 - 1110- 559 -99 -32 (School Assistance Account). Attachments: Computer Lab Improvement Project Quotes and State Contract Reference SD: /CRA /Authorization to Amend Board Approved Construction Services Agreement AP 5 6 7 8 9 10 11 14 15 16 17 1� 22 23 24 25 26 28 38 31 32 3443 3S 1g� 39 40 41 42 43 44 45 46 1 50 51 52 W. A: 4 fo M e RESOLUTION NO. A resolution relating to Special Redevelopment & Technical Services; authorizing a disbursement of FY 2012 -2013 budgeted funding for After School Computer Lab improvements in an amount not to exceed $30,408.81 for the purchase and replacement of malfunctioning computer equipment and related software in After School Center Computer Lab located in the Gibson - Bethel Community Center in the Community Redevelopment Area; and charging the total amount to Account No. 610 4110- 559 -99 -32 (Special Redevelopment /School Assistance Account), U A. WHEREAS, during the FY 2012 -2013 budget approval process, the Board allocated a total amount of $32,262 in the FY 2012 -2013 Budget for much needed facility improvements in the After Scheel Commuter I ah Inratarl in the WCTA Aron* and WHEREAS, A final determination was also recently reached concerning on- going maintenance responsibilities for the computer lab; and WHEREAS, based on the total estimated cost of the computer lab improvement project, the Agency would be responsible for a total of $30,408.81 for the following expenditures: • Twenty -Two (22) i5 Desktop Computers - ($24,587.64); and • Required Computer Software - ($5,821.17) ; and WHEREAS, The City of South Miami would in turn be responsible for the following computer lab improvement expenditures: • Computer Lab Furniture - ($8,290.26); and • On -Going Annual Computer Lab Maintenance, and WHEREAS, expenditure quotes were solicited by the City of South Miami as part of the following State of Florida contracts: Dell Inc. Contract #250- WSCA -10- ACS; SHI International Inc. Contract #252 - 001- 09 -01; and Galloway Inc. Contract #425 - 001 -01; and WHEREAS, the SMCRA Board desires to implement stated goals and objectives contained in the adopted community redevelopment plan including providing support for the Gibson - Bethel Community Center and computer lab facility; and NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Page 1 of 2 2 3 4 5 6 7 8 9 10 11 12 13 15 4 16 17 1g8 1d 21 22 24 25 26 27 28 29 30 31 32 33 34 M U 41 Section 1. The South Miami Community Redevelopment Agency Board authorizes a disbursement of FY 2012 -2013 budgeted funding for After School Computer Lab improvements in an amount not to exceed $24,587.64 to Dell Inc for the purchase of 22 desktop computers and in an amount not to exceed $5,821.17 to SHI International Inc for the purchase of related computer software as described in Exhibit A of the approved item for installation in the South Miami After School Center Computer Lab located in the Gibson - Bethel Community Center and charging the total amount of $30,408081 to Account No. 610 - 1110 - 559 -99 -32 (Special Redevelopment /School Assistance Account). Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _day of March, 2013. ATTEST: SECRETARY READ AND APPROVED AS TO FORM. GENERAL COUNSEL APPROVED: CHAIRPERSON Board Vote: Chair Stoddard: Vice Chair Liebman: Member Newman: Member Harris: Member Welsh: Member Covington: Member Price. Page 2 of 2 U w:: q: M U 41 Section 1. The South Miami Community Redevelopment Agency Board authorizes a disbursement of FY 2012 -2013 budgeted funding for After School Computer Lab improvements in an amount not to exceed $24,587.64 to Dell Inc for the purchase of 22 desktop computers and in an amount not to exceed $5,821.17 to SHI International Inc for the purchase of related computer software as described in Exhibit A of the approved item for installation in the South Miami After School Center Computer Lab located in the Gibson - Bethel Community Center and charging the total amount of $30,408081 to Account No. 610 - 1110 - 559 -99 -32 (Special Redevelopment /School Assistance Account). Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _day of March, 2013. ATTEST: SECRETARY READ AND APPROVED AS TO FORM. GENERAL COUNSEL APPROVED: CHAIRPERSON Board Vote: Chair Stoddard: Vice Chair Liebman: Member Newman: Member Harris: Member Welsh: Member Covington: Member Price. Page 2 of 2 U w:: kq 0 COMPUTER LAB IMPROVEMENT PROJECT REQUIRED PROJECT EXPENDITURES teased on State of Florida contract Prices) EXHIBIT A M k tU a iu E CL �.J G. O u LA d m 0 u 6�1 0 0 a 0 4; 'm m .•� w � V V Q K p O "' � tj N rn � ' �• "' O � V � Q 1C ill 0� pp Irr`�� M ,L+ ama ei 001 � 7 0 rl 01 V 1 O N JS N O � op�p C O 3 x o of m '% a io C ,wy •Si u in W V tdi d u t; d U' 2 n m �D a .Q q %A V .•. C a N d p d C m V y Y T u Q iC L _ 6 d d p , b d d Q � m u oa °� .. d cu A .� - a •1p c �m v ?-� LL N •-� ' Jd 8'i � EY .0 YO z .o ) $ a a ( N N O 4 ro m ci vLLi gh Q n 2 l9 z N a M Q o � .- W 0 •-1 h ."� w H . d d d 5 g °p1 d�pp w o A to A ak pYppp � V ry W W O Z ? O O N w a u a 0 0 0 O g LS 6i �:? 3 9 0 4; w M CITY OF SOUTH MIAMI CORRESPONDANCE CONFIRMING STATE CONTRACTS EXHIBIT B 0 From: kulick, Steven P Sent: Thursday, February 14, 2013 11:26 AM To: David, Stephen Subject: FW: CRA Computer Lab Project Stephen, M 0 Attached are the final quotations for the hardware and software for the Gibson - Bethel Community Center PC lab. The exception; DSL line, receipt of additional quotes are pending. A summary is below. The quotes include all software required to support the 22 PC's; Dell with i5 processors, 20" widescreen monitors and Microsoft Office 2010 Professional version. The City will fund the furniture, DSL line, on -going maintenance and the initial installation. CRA is responsible for all hardware and software; based on the quotations, that amount totals $30,408.81. Please advise when the CRA Board approves the expenditure and the items will be ordered accordingly. The quotations were solicited through a piggyback from the State of Florida; Dell Contract #250 - WSCA -I0-ACS, software from SHI International Contract #252 - 001- 09 -01, furniture from Galloway State Contract #425 - 001 -01. If you have any questions, please call. Regards, Steven Kulick, C.P.M. Purchasing Manager /Central Services City of South Miami 6130 Sunset Drive South Miami, Fl 33143 Ph: 305/663 -6339; Fax: 305/667-7806