Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-093Temp. Reso. # 11891 June 25, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING PURCHASE OF SEASONAL STORMWATER LABOR UTILIZING THE STATE OF FLORIDA AGREEMENT 991-460-07-1 WITH A1A EMPLOYMENT OF MIAMI EFFECTIVE MAY 17, 2010 THROUGH DECEMBER 17, 2011; AUTHORIZING PURCHASE OF TEMPORARY STORMWATER LABOR IN THE QUANTITIES NEEDED BASED ON THE STATE OF FLORIDA CONTRACT 991-460-07-1 NOT TO EXCEED APPROVED BUDGET FOR SAID PURPOSE; AUTHORIZING BUDGET AMENDMENTS FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is responsible for treating canals and drainage areas within the City to protect against flooding and to enhance the aesthetic appeal of the City's waterways; and WHEREAS, an excess of aquatic vegetation may impede water flow and drainage and is not consistent the standards of appearance which have been set; and WHEREAS, aquatic growth in canals and drainage areas significantly increases due to factors such as a higher rainfall during the six month rainy season typically from May through October, the introduction of nutrients through the application of lawn fertilizers, the presence of grass clippings, and the intensity of the sun from South Florida's sub -tropical climate; and WHEREAS, increased precipitation during summer months and the potential for torrential downpours associated with hurricane season present a risk of flooding; and WHEREAS, limited access for mechanical removal of aquatic vegetation and legal Temp. Reso. # 11891 June 25, 2010 Page 2 limits on chemical treatment necessitates hand removal of aquatic vegetation; and WHEREAS, the Stormwater Division remains responsible for daily maintenance, debris removal, and emergency work to the City's canals and drainage areas, removal of excess vegetation would interfere with these essential duties; and WHEREAS, due to the seasonal labor force requirements of this work, the Public Works Department has determined the use of temporary labor to meet said needs is the fiscally responsible solution; and WHEREAS, City of Tamarac Code §6-155 allows the Purchasing/Contracts Manager the authority to waive purchasing procedures to procure supplies, materials, equipment, and services which are subject to contracts with other governmental agencies when the best interest of the City would be served; and WHEREAS, via Resolution R-2009-89, the City Commission of the City of Florida authorized an Agreement with A1A Employment of Miami. utilizing the State of Florida Agreement, and Al A Employment of Miami agreed to honor prices, terms, and conditions, of the Agreement, a copy of said resolution is incorporated herein by reference and on file in the Office of the City Clerk; WHEREAS, the State of Florida has renewed Agreement 991-460-07-1 with A1A Employment of Miami for Temporary Staffing Services effective May 17, 2010 through December 17, 2011, a copy of said renewal is hereto attached as Exhibit 1; and WHEREAS, the Director of Public Works and Purchasing/Contracts Manager recommend that the City utilize the Contract with A1A Employment of Miami to acquire temporary labor; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in Temp. Reso. # 11891 June 25, 2010 Page 3 the best interest of the citizens and residents of the City of Tamarac to acquire season contractual labor utilizing the State of Florida Agreement with All Employment of Miami NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits attached hereto are expressly incorporated herein and made a part thereof SECTION 2: The purchase of temporary staffing services from A1A Employment of Miami in quantities needed based on the Florida State Agreement 991-460- 07-1, not to exceed the approved budget for said purpose is hereby approved. SECTION 3: All budget amendments for proper accounting purposes are hereby authorized. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions Temp. Reso. # 11891 June 25, 2010 Page 4 or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thisday of 1A= 2010. BETH FLANSBAUM- ALABISCO MAYOR ATTEST: Record of COMMISSION VOTE: MARION_SWENS MC MAYOR TALABISCO CITY CLERK DIST 1: COMM BUSHNE L DIST 3: COMM GLASSER DIST 4: VM DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAM LS.d0A N CITY ATTORNEY DEPAKTMENT *F MANAGEMENT e""' r v i c e s April 30, 2010 AMENDMENT NO.: (991-460-07-1) -4 TO: Department Addressed / User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 991-460-07-1 TITLE: Temporary Employment Staffing Services m'mo­t of Sete 'tf'awt Ti" 0% rel F Aw 850,1 WVVWdMM The above mentioned Contract is renewed for twenty months effective May 17, 2010 until December 17, 2011 with the following contractors: A]A Employment of Miami (H) Academy Design & Technical Services, Inc (A) Daytona Employment Agency (A) Employment Resources, Inc. (N) ETI Professionals, Inc. (C) Finch -Hatton Group (A) GDKN Corporation (J) KeyStaff, inc. (A) Manpower International (A) Moten Tate, Inc. (H) Nitelines USA (C) P2P Staffing Corp. (A) Real Time Staffing, LLC dba TopTalent Staffing Phair Consultants, Inc. (H) Remedy Intelligent Staffing (A) Select Staffing SMX Services & Consulting (0) Step One Services, LLC (H) Tri-State Employment Service c/o Wells Fargo Business Credit (A) Westaff (USA) Inc. (A) Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator Allison Norman at allison.norman@dms.myflorida.com or PH 850-488-7996. CWC/arn We serve those who serve Florida. I�%�•..�tJ Y �i: i�i i..'i..e 111 'rfY :Y 1:. I d �'� �i �!yiF D EPA K T M ENT Of MANAGEMENTt':.L V i I,:%; e s October 5, 2009 AMENDMENT NO.: (991-460-07-1) - 3 TO: Department Addressed / User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 991-460-07-1 TITLE: Temporary Employment Staffing Services Effective immediately, RealTime Staffing, LLC dba TopTalent Staffing is assuming all contractual responsibilities of contract (#991-460-07-1) listed above, from People 2.0 Global, Inc. dba TopTalent Staffing. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. Attachment DSP/hm We serve those who serve Florida. Of ART ENT *F MANAGEMENT e r vic s May 26, 2009 AMENDMENT NO.: (991-460-07-1) - 2 TO: Department Addressed / User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 991-460-07-1 TITLE: Temporary Employment Staffing Services a "0 y a ec... L lo,er1 a? 2 P, fY4'''1; t l 8Y� 4hh . r,-443 Fax 850.4 i 4-6* 2' " , rmM ,tom Effective immediately, Select Staffing is assuming all contractual responsibilities of contract (#991-460-07-1) listed above, from Westaff (USA) Inc. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/arn We serve those who serve Florida. Sit: r V U t: S November 1, 2008 MEMORANDUM NO. (991-460-07-1)-1 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract #:991-460-07-1 Title: Temporary. Employment Staffing Tel: 050 4 li Ha 4-10 Ih ;;O!a"f. Suite 360 StaffCo Mana ement Group d.b.a. American Staffing Resources A re uests to terminate contract StaffCo Management Group d.b.a. American Staffing Resources (A) has requested to be removed from the Temporary Employment Staffingstate term contract # 991-460-07-1. The request has been granted. DSP/om We serve those who serve Florida. CERTIFICATION OF CONTRACT TITLE: Temporary Employment Staffing CONTRACT NO.: 991-460-07-1 ITB NO.: 22-991-460-B EFFECTIVE: May 17, 2007 through May 16, 2010 SUPERSEDES: 991-460-04-1 CONTRACTOR(S): 1. A I A Employment of Miami (H) 2. Academy Design & Technical Services, Inc. (A) 3. Daytona Employment Agency (A) 4. Elite Staffing Solutions (A) 5. Employment Resources, Inc. (N) 6. ETI Professionals, Inc. (C) 7. Finch -Hatton Group (A) 8. GDKN Corporation (7) 9. KeyStaff, Inc. (A) 10. Manpower International (A) 11. Moten Tate, Inc. (H) 12. Nitelines USA (C) 13. P2P Staffing Corp. (A) 14. People 2.0 Global, Inc. (A) 15. Perma Staff Associates, LLC (H) 16. Phair Consultants, Inc. (H) 17. Remedy Intelligent Staffing (A) 18. SMX Services & Consulting (0) 19. Staffco Management Group d/b/a American Staffing Resources (A) 20. Step One Services, LLC (H) 21. The Premiere Healthcare Resource Group (A) 22. Tri-State Employment Service c/o Wells Fargo Business Credit (A) 23. Westaff (USA), Inc. (A) A. AUTHORITY — Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT — This contract was entered into to provide economies in the purchase of Management Consulting Services by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS — All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order). D. CONTRACTOR PERFORMANCE — Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS — Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. F. CONTRACT APPRAISAL FORM — State Contract Appraisal, form PUR 7073 should be used to provide your input and recommendations for improvements in the contract to State Purchasing for receipt no later than 90 days prior to the expiration date of this contract. Authorized Signature (Date) /om Temporary Employment Staffing contract #991-460-07-1 CONTRACT ADMINISTRATOR Ommet Mbiza PHONE: (850) 488-7804 SUNCOM: 278-7804 E-MAIL: omtnet.tiibizaC(+,doiiy.iii f7t)rida.t;ottt. INVITATION TO BID FOR TEMPORARY EMPLOYMENT STAFFING ITB No. 22-991-460-B ITB Issue Date: March 13, 2007 Responses Due: April 9, 2007, at 2:00 P.M. Refer ALL Inquires to: Ommet Mbiza Purchasing Analyst Division of State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399 Table of Contents: PART ONE: SPECIAL INSTRUCTIONS TO BIDDERS.................................................................................5 1.1 PURPOSE.......................................................................................................................................................5 1.2 CONTACT PERSON.....................................................................................................................................5 1.3 CALENDAR OF EVENTS.............................................................................................................................5 1.4 BASIS FOR AWARD.....................................................................................................................................5 PART TWO: PUR 1001- GENERAL INSTRUCTIONS TO RESPONDENTS.............................................5 2.1. DEFINITIONS:...............................................................................................................................................6 2.2. GENERAL INSTRUCTIONS:........................................................................................................................6 2.3. ELECTRONIC SUBMISSION OF RESPONSES: ......................................................................................... 6 2.4. TERMS AND CONDITIONS: ............................................................. .......................................................... 6 2.5. QUESTIONS: .................................................................................................................................................. 6 2.6. CONFLICT OF INTEREST: ........................................................................................................................... 7 2.7. CONVICTED VENDORS: ............................................................................................................................. 7 2.8. DISCRIMINATORY VENDORS: .................................................................................................................. 7 2.9. RESPONDENT'S REPRESENTATION AND AUTHORIZATION: ............................................................ 7 2.10. PERFORMANCE QUALIFICATIONS:........................................................................................................8 2.11. PUBLIC OPENING:.......................................................................................................................................8 2.12. ELECTRONIC POSTING OF INTENT TO AWARD: .................................................................................. 8 2.13. FIRM RESPONSE: ......................................................................................................................................... 9 2.14. CLARIFICATION/REVISIONS:...................................................................................................................9 2.15. MINOR IRREGULARITIES/RIGHT TO REJECT:.......................................................................................9 2.16. CONTRACT FORMATION: .......................................................................................................................... 9 2.17. CONTRACT OVERLAP: ............................................................................................................................... 9 2.18. PUBLIC RECORDS: ..................................................................................................................................... .9 2.19. PROTESTS: .................................. ................................................................................................................. 9 PART THREE: STATEMENT OF WORK 0 3.1 SCOPE AND CLASSIFICATION: ............................................................................................................... 10 3.2 CONTRACT DELIVERABLES:..................................................................................................................10 3.3 USE OF CONTRACT: .................................................................................................................................. 11 3.4 BACKGROUND CHECKS AND SCREENS...............................................................................................11 3.5 RATES ADJUSTMENT...............................................................................................................................11 PART FOUR: SPECIAL CONTRACT CONDITIONS................................................................................12 4.1 DEFINITIONS:.............................................................................................................................................12 4.2 PURCHASE ORDERS:.............................................................................................................................-12 4.3 LIQUIDATED DAMAGES:.........................................................................................................................12 4A ONGOING PERFORMANCE MEASURES: ............................................................................................... 13 4.5 TRAVEL: ...................................................................................................................................................... 13 PART FIVE: PUR 1000 - GENERAL CONTRACT CONDITIONS.............................................................14 5.1 DEFINITIONS: .......................................... .................................................................................................. 14 5.2 PURCHASE ORDERS: ................................................................................................................................ 14 5.3 PRODUCT VERSION: ................................................................................................................................. 14 5.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS: ........................................................ 14 5.5 ADDITIONAL QUANITITIES:...................................................................................................................15 5.6 PACKAGING: .............................................................................................................................................. 15 5.7 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS: ......................................................... 15 5.8 INSPECTION AT A CONTRACTOR'S SITE: ............................................................................................ 15 5.9 SAFETY STANDARDS: .............................................................................................................................. 15 5.10 AMERICANS WITH DISABILITIES: ......................................................................................................... 15 5.11 LITERATURE: .... .......................................................................................................................... ............. 15 5.12 TRANSPORTATION AND DELIVERY:....................................................................................................15 5.13 INSTALLATION:......................................................................................................................................... 16 5.14 RISK OF LOSS: ............................................................................................................................................ 16 5.15 TRANSACTION FEE: .................................................................................................................................. 16 5.16 INVOICES AND PAYMENT: ...................................................................................................................... 16 5.17 TAXES: ......................................................................................................................................................... 17 5.18 GOVERNMENTAL RESTRICTIONS: ........................................................................................................ 17 5.19 LOBBYING AND INTEGRITY: .................................................................................................................. 17 5.20 INDEMNIFICATION: .................................................................................................................................. 17 5.21 LIMITATION OF LIABILITY: .................................................................................................................... 18 5.22 SUSPENSION OF WORK: ........................................................................................................................... 18 5.23 TERMINATION FOR CONVENIENCE: ................................... ................................................................ 18 5.24 TERMINATION FOR CAUSE: .................................................................................................................... 19 5.25 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY: ..................................... 19 5.26 SCOPE CHANGES: ............................................................... ...................................................................... 19 5.27 RENEWAL: .................................................................................................................................................. 20 5.28 ADVERTISING: ........................................................................................................................................... 20 5.29 ASSIGNMENT: ............................................................................................................................................ 20 5.30 TERMINATION FOR CONVENIENCE: .................................................................................................... 20 5.31 EMPLOYEES, SUBCONTRACTORS, AND AGENTS: ............................................................................. 20 5.32 SECURITY AND CONFIDENTIALITY: .................................................................................................... 21 5.33 CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS: ................................... 21 5.34 INSURANCE REQUIREMENTS:...............................................................................................................21 5.35 WARRANTY OF AUTHORITY: ................................................................................................................. 21 5.36 WARRANTY OF ABILITY TO PERFORM: ............................................................................................... 21 5.37 NOTICES:.....................................................................................................................................................21 5.38 LEASE AND INSTALLMENT PURCHASES: ............................................................................................ 21 5.39 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC (PRIDE): ......... 22 5.40 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED: ....................................... 22 5.41 MODIFICATION OF TERMS: ..................................................................................................................... 22 5.42 COOPERATIVE PURCHASING: ................................................................................................................ 22 5.43 WAIVER: ...................................................................................................................................................... 22 5.44 ANNUAL APPROPRIATIONS: .......................................... __ .................................................................... 22 5.45 EXECUTION IN COUNTERPARTS:..........................................................................................................22 5.46 SEVERABILITY:.........................................................................................................................................23 PARTSIX: FORMS..........................................................................................................................................24 6.1 ORDERING INSTRUCTIONS.....................................................................................................................24 6.2 SERVICE LOCATIONS...............................................................................................................................25 6.3 SAVINGS/PRICE REDUCTIONS...............................................................................................................26 6.4 CERTIFICATION OF DRUG -FREE WORKPLACE PROGRAM..............................................................27 6.5 EMERGENCY SITUATIONS......................................................................................................................28 6.6 QUALIFICATION/ATTESTATION FOR MANDATORY STATEMENTS..............................................29 6.7 CONTRACT REVISION REQUEST/AUTHORIZATION FORM..............................................................30 6.8 STATE OF FLORIDA OBJECTIVES - IDDER'S RESPONSE................................................................31 6.9 CONTRACT............................................................................................................................................32 6.10 REGIONAL MAP.........................................................................................................................................33 PART ONE: SPECIAL INSTRUCTIONS TO BIDDERS PART TWO: PUR 1001 -- GENERAL INSTRUCTIONS TO RESPONDENTS 1.1 PURPOSE 1.1.1 The Department is inviting bids from qualified temporary employment staffing companies to serve as temporary staffing Contractors to the various State agencies and other eligible users. 1.1.2 The goal of this ITB is to award a 3 year State Term Contract to the successful Bidders. 1.2 CONTACT PERSON 1,2.1 All questions and requests for clarification must be directed in writing to: Ommet Mbiza, Purchasing Analyst State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 (850) 488-5498 (facsimile) Ornmct:.Mbiza&,-dms.myflorida.com 1.2.2 Questions must be submitted via the Q&A Board within the Sourcing Tool in MyFloridaMarketPlace and shall be received no later than the time and date reflected on the calendar of events. 1.2.3 All questions submitted through the Q&A Board shall be published and answered in a manner that all Bidders will be able to view. Bidders shall not contact any other employee of the Department or the State for information with respect to this solicitation. 1.2.4 The Department shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the contact person. 1.3 CALENDAR OF EVENTS 1.3.1 The following Calendar of Events provides the anticipated timeline that applies to this solicitation: March 13, 2007: Launch ITB; Begin preview period March 23, 2007: Written questions due from bidders no later than 5:00 p.m. E.S.T. March 28, 2007: Written answers posted, April 9, 2007: Bids due by 2:00 P.M. and opened immediately thereafter. April 23, 2007: Anticipated Electronic Posting of Intent to Award 1.4 BASIS FOR AWARD 1.4.1 The Department intends to make awards to no more than three (3) responsive and responsible bidders, who provide the lowest cost for the position(s) in each geographic region (See Section 6.10). 1.4.2 There are one hundred and eighty (180) positions listed (see Price Sheet) in this solicitation and seventeen (17) geographic regions. Each position has a minimum hourly rate and a maximum hourly rate. Bidders are not required to bid for all positions and regions and may bid different rates in different regions for similar positions. 1,43 Bidder must maintain an office in each region bid and must provide all the required information for each region bid, for verification purposes. 1.4.4 The minimum and maximum Broadband hourly rates are provided for informational purposes only. Bidders may bid rates outside of these ranges. 1.4.5 In order to be considered responsive and responsible, the Price Sheet must be completed without additional conditions for the prices bid. Temporary Employment Staffing ITB#:22-991-460-B 5 May 14, 2010 2.1. DEFINITIONS: The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: 2.1.1. "Buyer" means the entity that has released the solicitation. 2,1.2. "Procurement Officer" means the Buyer's Contracting personnel, as identified in the Introductory Materials. 2.1.3. "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. 2.1.4. "Response" means the material submitted by the respondent in answering the solicitation. 2.1.5. "Timeline" means the list of critical dates and actions included in the Introductory Materials, 2.2. GENERAL INSTRUCTIONS: 2.2.1. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 2.3. ELECTRONIC SUBMISSION OF RESPONSES: 2.3.1. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. 2.3.2. The respondent agrees that the action of electronically submitting its response constitutes: a) an electronic signature on the response, generally, b) an electronic signature on any form or section specifically calling for a signature, and c) an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 2.4. TERMS AND CONDITIONS: 2.4.1. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: a) Technical Specifications, b) Special Conditions, c) Instructions to Respondents (PUR 1001), d) General Conditions (PUR 1000), and e) Introductory Materials. 2A.2, The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as rt of res ondent's res onse. In sub ittin its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. 2.4.3. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 2.5. OUESTIONS: 2.5.1. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. 2.5.2. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. 2.5.3. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's Contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in Section 2.20 of these Instructions. 2.6. CONFLICT OF INTEREST: 2.6.1. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. 2.6.2. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. 2.7. CONVICTED VENDORS: 2.7.1, A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: a) submitting a bid on a contract to provide any goods or services to a public entity; b) submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; c) submitting bids on leases of real property to a public entity; d) being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and e) transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 2.8. DISCRIMINATORY VENDORS: 2.8.1. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: a) submit a bid on a contract to provide any goods or services to a public entity; b) submit a bid on a contract with a public entity for the construction or repair of a public building or public work; c) submit bids on leases of real property to a public entity; d) be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity; or e) transact business with any public entity. 2.9. RESPONDENT'S REPRESENTATION AND AUTHORIZATION: 2.9.1. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). a) The respondent is not currently under suspension or debarment by the State or any other governmental authority, b) To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. c) To the best of the knowledge of the person signing the response, the respondent has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. d) The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. e) The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. f) The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. g) Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: i) Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or ii) Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. h) The product offered by the respondent will conform to the specifications without exception. i) The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. j) If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. k) The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. 1) The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, d e, or ex ense which y be incurred or be c used by ny error in the res ondent's re r tion of its bid. m) All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 2.10. PERFORMANCE QUALIFICATIONS: 2.10.1. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. 2.10.2. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. 2.10.3. Res ondent y be disqu lifted fro receivin w rds if res ondent, or nyone in res ondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 2.11. PUBLIC OPENING: 2.11.1. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.07(6)(m), Florida Statutes. 2.11.2. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD). 2.12. ELECTRONIC POSTING OF INTENT TO AWARD: 2.12.1. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at bttn..//tcnnsstate.fl,us/owa vbs/owa/vbs wwwjnain menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 2.13. FIRM RESPONSE: 2.13.1. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. 2.13.2. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 2.14. CLARIFICATION/REVISIONS: 2.14.1. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. 2.15. MINOR IRREGULARITIES/RIGHT TO REJECT: 2.15.1. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the St te's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents 2.16. CONTRACT FORMATION: 2.16.1. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 2.17. CONTRACT OVERLAP: 2.17.1. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 2.18. PUBLIC RECORDS: 2.18.1. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 2.19. PROTESTS: 2.19.1. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and those specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. 2.19.2. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code requires that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. 2.19.3. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." 119.4. Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post PART THREE: STATEMENT OF WORK the bond or other security required by law within the time allowed for filing a bond shall constitute a w iver of roceedin s under Ch ter 120, Florid St tutes." 3.1 SCOPE AND CLASSIFICATION: 3.1.1 This Contract is for temporary employment staffing services as defined herein and in the Broadband Classification System. 3.1.2 The ter "e loyee" refers to the contr ctor furnishin the services, but th t contr ctor sh 11 in no nner be deemed an employee of the State or Eligible Customer or deemed to be entitled to any benefits associated with such employment. 3.1.3 Each position identified has a corresponding broadband code as specified in the Price Sheet. The position titles and descriptions are derived from the Broadband Classification System developed and maintained by the De rt ent's Division of u n Resources M n e ent ursu nt to Section 110.2035 of the Florida Statutes. Details of the broadband classification system plan are available at: htt :1:%d.ms.nxvfiorida.com/human resota.rce su. rc�rtlirtnn:rn resource: n�ana ement/for hr practitioners/bro adband classification and compensation program 3.1.4 Contractors selected shall provide temporary employment staffing services only in those regions and positions awarded. 3.1.5 Detailed scope and specific requirements of the work shall be provided by the Customer when the Contractor is selected for consideration with respect to a specific project or need. Such scope and requirements will include, but are not be limited to, description of work activities, definition of particular deliverables, time frames and budget parameters. 3.1.6 Non -State customers may currently maintain similar plans that use different position titles and descriptions. The De rt ent's intent is to contr ct for services ost closely rel ted to those described in these technic 1 specifications and identified by particular Broadband code, regardless of how they might be identified or described in other sources. 3.1.7 Customers may procure for services in positions and/or regions not included in the ensuing Contract, as exceptions to the Contract, 3.2 CONTRACT DELIVERABLES: 3.2.1 With respect to every employee provided by Contractor, pursuant to a purchase order under the Contract, and with respect to all other contract performance, Contractor shall: a) Maintain a pool of employees in order to fill the custo er's need within seven (7) business days after receipt of purchase order; b) Be responsible for the administration and maintenance of all employment and payroll records, payroll processing, remittance of payroll and taxes, including the provision of payroll time sheets and checks; c) Provide paychecks, making deductions required of employers by state, federal and local laws, including deductions for social security and withholding taxes; d) Make all contributions for unemployment compensation funds as required by federal and state laws and process claims as indicated; e) Abide by all ordinances and laws pertaining to the Contr ctor's o er tion nd secure 11 required licenses nd permits; and f) Accurately describe the position and the benefits, including paid vacation and holiday, for all employees. 3.2,2 Furthermore, the Contractor shall: a) Ensure that the employee reports, ready to work, at the time and place specified on the purchase order, with the customer reserving the right to reject or stop time on any employee who fails to: i) Perform assigned duties satisfactorily; ii) Dress appropriately for an assignment; iii) Comply with any federal, state or local regulations; iv) Perform without disruption the activities of the customer to which the temporary employee is assigned; and v) Perform in an acceptable manner in the judgment of the Customer. b) Replace, at no expense to the customer, and within forty-eight (48) hours, any employee not performing satisfactorily and provide follow-up service to ensure all employees are performing satisfactorily; and c) Perform all services in accordance with customary, reasonable, and prudent industry standards of care. 3.3 USE OF CONTRACT: 3.3.1 Customers shall create a scope of work each time they desire to solicit services pursuant to the prospective Contract. The scope of work will be incorporated into a Purchase Order which will be issued to the selected Contractor. 3.3.2 Each position in each region may have up to three service providers. The Customers may select the most cost-efficient Contractor for each position in the region. This selection process may involve a Request for Quote process (RFQ) to the Contractors awarded in the position(s) and region. The RFQ will be used to determine the best value for the Customer. 3.4 BACKGROUND CHECKS AND SCREENS 3.4.1 The Contractor shall provide information necessary for a customer to perform criminal background checks or dru screenin on a loyees; or, u on custo er's request, nd for n ddition 1 ne oti ted fee, perform the check or screening. 3.4.2 The Contractor shall grant custo er's request to interview otential new employees, at the Contr ctor's expense, with interviews limited to one (1) hour. 3.5 RATES ADJUSTMENT 3.5.1 A Cost of Living (CoL) adjustment may be applied to Contract hourly rates at the time of the Contract anniversary. This CoL adjustment shall be consistent with the St te's CoL djust ent to st to workers. 3.5.2 In the event that the State awards state workers a non -recurring bonus, in lieu of a CoL adjustment, Contract rates may be assessed a one -and -half percent (1.5) % increase for every one thousand dollars ($1,000) of such bonus. 3.5.3 Vendor may request a Contract rate adjustment once per calendar year. The requested adjustment shall not exceed the percentage adjustment awarded to state workers in the preceding twelve months prior to the adjustment. 3.5.4 Contract hourly rate adjustments shall be effective only upon approval by the Department, and shall not be applied retroactively PART FOUR: SPECIAL CONTRACT CONDITIONS 4.1 DEFINITIONS: 4.1.1 In case of conflict with Section 5.0 General Conditions, the definitions in this section will take precedence. The Department rules and definitions contained in Chapter 60A-1, F.A.C. shall apply to this Contract. The following additional terms are also defined: a) "Bidder" means the entity that submits materials to the Buyer in accordance with these Instructions. b) "Contr ct" a ns the le lly enforce ble ree ent, if ny, that results from this solicitation. The parties to the Contract will be the Department and the Contractor. The Contract shall be reduced to writing substantially in the form included in Section 6.9 of the solicitation documents. c) "Contr ctor" a ns successful bidder, who, along with the Department, will enter into the Contract. d) "Customer" means the State agencies and other eligible users that will order services from the Contractor under the Contract. By ordering products under the Contract, the Customer agrees to its terms. Customers are not, however, parties to the Contract. e) "Deliverable" is a discrete service provided to Customer, as detailed in a Purchase Order. f) "De rt ent" a ns the St to of Florid , De rt ent of M n e ent Services. g) "Purch sin An lyst" a ns the De rt ent a loyee who is ri rily res onsible for the n e ent of the Contract. The Purchasing Analyst shall be identified in the Contract, and the Department may appoint a different Purchasing Analyst, which shall not constitute an amendment to the Contract. h) "Purchase Order" a ns the for or for t used to ke urch se under the Contr ct (e.., for 1 written purchase order, electronic purchase order, procurement card, or other authorized means). i) "Services" a ns ny deliver ble or work erfor ed under the Contr ct. j) "St te" a ns the St to of Florid nd its encies. 4.2 PURCHASE ORDERS: 4.2.1 A Customer shall order services by issuing a Purchase Order. Purchase Orders shall establish the specific deliverables, costs, payment schedules, start/completion dates, etc. for specific assignments. Purchase Orders may vary from a simple staff augmentation request to a significant project with complex deliverables. It is the responsibility of the Customer to determine the appropriate scope of work for a Purchase Order. 4.2.2 In creating Purchase Orders, Customers are permitted to negotiate terms and conditions which supplement those contained in this Contract. Such additional terms shall not conflict with the terms and conditions established by this Contract (and any such conflicting terms shall be resolved in favor of terms most favorable to the Customer, as determined by the Department), Purchase Order -specific terms and conditions are only applicable to that specific Purchase Order and shall not be construed as an amendment to this agreement. 4.2.3 In accepting a Purchase Order, the Contractor recognizes its responsibility for all tasks and deliverables contained therein, warrants that it has fully informed itself of all relevant factors affecting accomplishment of the tasks and deliverables and agrees to be fully accountable for the performance thereof. In addition, the Contractor assumes full responsibility for the acts of all subcontractors. 4.2.4 The Contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of all Purchase Orders it accepts, and shall have sole responsibility for the supervision, daily direction and control, payment of salary (including withholding of inco e t xes nd soci 1 security), worker's co ens tion, dis bility benefits nd the like for its ersonnel. The Contractor is accountable to the Customer for the actions of its personnel. Each Purchase Order will name a Customer Contracting Officer; however, these Contracting Officers may be working members of teams and should not be expected to perform supervisory functions. 4.3 LIQUIDATED DAMAGES: 4.3.1 If the Contractor fails to ensure that a qualified employee reports for work as specified herein and as s ecified on the Gusto er's urch se order, in lieu of ctu 1 d es the custo er y, tits o tion, elect to assess liquidated damages in the amount of $250.00 per calendar day until the earlier of the date that: a) the Contractor provides a qualified employee; b) the customer secures an employee elsewhere; or c) the custo er's need otherwise ce ses. 4.3.2 Liquidated damages shall not be assessed if the Contractor provides the services as specified on the purchase order. 4.3.3 At the Custo er's sole o tion, liquid ted d es y be ssessed in h if -day (4 hour) increments of $125.00. 4.4 ONGOING PERFORMANCE MEASURES: 4.4.1 The State intends to use performance -reporting tools in order to measure the performance of Contractors. Such measures assist the Department in ensuring that Contractors provide the best possible value to the State and Customers. 4.4.2 The State reserves the right to modify the forms and introduce additional performance -reporting tools as they are developed, including online tools (e.g. tools within MyFloridaMarketPlace or on the Department's website). 4.4.3 Monthly Purchase Order Report - Contractor must submit The Monthly Purchase Order Report to the Department's Purchasing Analyst no later than the 151h day after the end of the month for which the report is provided. If the Contractor did not provide services under this Contract, then Contractor is not obligated to submit this report. 4.5 TRAVEL: 4.5.1 )expenses directly related to purchase orders such as travel and lodging, or materials and equipment specific to the purchase order shall not be built into the hourly Contract rate but must be accounted for separately. 4.5.2 Customer is not responsible for travel expenses unless he/she authorizes it at the time of issuing the purchase order. 4.5.3 If authorized, bills for any travel expenses shall be submitted in accordance with Section 112.061 Florida Statutes. PART FIVE: PUR 1000 — GENERAL CONTRACT CONDITIONS 5.1 DEFINITIONS: The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: 5.1.1 "Contr ct" a ns the le ]ly enforce ble ree ent th t results fro successful solicit tion. The rties to the Contract will be the Customer and Contractor. 5.1.2 "Custo er" a ns the St to ency or other entity th t will order roducts/services directly from the Contractor under the Contract. 5.1.3 "Product" a ns ny deliver ble under the Contr ct, which y include co odities, services, technolo y or software. 5.1.4 "Purch se order" a ns the for or for t Custo er uses to ke urch se under the Contr ct (e.., formal written purchase order, electronic purchase order, procurement card, or other authorized means). 5.2 PURCHASE ORDERS: 5.2.1 A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. 5.2.2 Any discre ncy between the Contr ct ter s nd the ter s st ted on the Contr ctor's order for , confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. 5.2.3 Customers shall designate a Contract Manager and a Contract Administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 5.3 PRODUCT VERSION: Purch se orders sh 11 be dee ed to reference nuf cturer's ost recently rele se odel or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the Contractor is willing to provide such model or version. 5.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS: If this is a term contract for commodities or services, the following provisions apply: 5.4.1 Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. 5.4.2 Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. 5.4.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then -authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. 5.4.4 Trade -In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. 5.4.5 Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: a) the volatility is due to c uses wholly beyond the Contr ctor's control, b) the volatility affects the marketplace or industry, not just the particular Contract source of supply, c) the effect on pricing or availability of supply is substantial, and d) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 5.5 ADDITIONAL OUANITITIES: 5.5.1 For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 5.6 PACKAGING: 5.6.1 Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's ro erty. 5.7 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS: 5.7.1 Unless otherwise s ecified, ny nuf cturers' n es, tr de n es, br nd n es, infor tion or c t to nu bers listed in s ecific tion re descri tive, not restrictive. ith the Custo er's rior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Customer shall determine in its sole discretion whether a product is acceptable as an equivalent. 5.8 INSPECTION AT A CONTRACTOR'S SITE: 5.8.1 The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 5.9 SAFETY STANDARDS: 5.9.1 All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector, Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters L bor tories nd/or N tion 1 Electric 1 M nuf cturers' Associ tion for electric lly o er ted assemblies; and the American Gas Association for gas -operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 5.10 AMERICANS WITH DISABILITIES: 5.10.1 Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 5.11 LITERATURE: 5.11.1 Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 5.12 TRANSPORTATION AND DELIVERY: 5.12.1 Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 5.13 INSTALLATION: 5.13.1 Where installation is required, Contractor shall be responsible for placing and installing the product in the required Ioc tions t no ddition 1 ch r c, unless otherwise desi n ted on the urch se order. Contr ctor's authorized product and price list shall clearly and separately identify any additional installation charges. 5.13.2 All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. 5.13.3 If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 5.14 RISK OF LOSS: 5.14.1 Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible d e on 11 co ies of the deliverin c rrier's ill of L din ; re ort d es to the c frier nd the Contr ctor; nd rovide the Contr ctor with co y of the c rrier's ill of L din nd damage inspection report. 5.14.2 When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 5.15 TRANSACTION FEE: 5.15.1 The State of Florida has instituted MyFloridaMarketPlace, a statewide e-Procure ent Syste (" Syste Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. 5.15.2 For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. 5.15.3 Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contr ctor's f ilure to erfor or co ly with s ecific tions or require ents of the agreement 5.15.4 Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 5.16 INVOICES AND PAYMENT: 5.16.1 Invoices shall contain the Contract number, purchase order number, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. 5.16.2 At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based invoices for those transactions processed through the system, Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the ASN. 5.16.3 Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices, Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all y ents under the Contr ct, A Custo er's f ilure to y, or del y in y ent, sh 11 not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 5.17 TAXES: 5.17.1 The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on e loyees' w es. 5.17.2 Any exceptions to this paragraph shall be explicitly noted by the Customer on a purchase order or other special contract condition, 5.18 GOVERNMENTAL RESTRICTIONS: 5,18.1 If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. 5.18.2 The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 5.19 LOBBYING AND INTEGRITY: 5.19.1 Customers shall ensure compliance with Section 11.062, F.S. and Section 216.347, F.S. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or e loyee's decision, o inion, reco end tion, vote, other exercise of discretion, or viol tion of known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. 5.19.2 For ur oses of cl use (2), " r tuity" a ns ny y ent of ore th n no in 1 onet ry v lue in the for of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, a loy ent, or contr cts of ny kind. U on request of the Custo er's Ins ector Gener 1, or other authorized State official, the Contractor shall provide any type of information the Inspector General dee s relev nt to the Contr ctor's inte rity or responsibility. Such information may include, but shall not be li ited to, the Contr ctor's business or fin nci 1 records, docu ents, or files of ny ty a or for th t refer to or relate to the Contract. 5.19.3 The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.tl.us/barm/�,enschediiles/�,ensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's co li nce with the ter s of this or ny other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor, Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 5.19.4 The Contr etor sh 11 not be res onsible for ny costs of investi tions th t do not result in the Contr ctor's suspension or debarment. 5.20 INDEMNIFICATION: 5.20.1 The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every n e nd descri tion, includin ttorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. 5.20.2 Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, ctions, d es, nd costs of every n e nd descri tion, includin ttorneys' fees, risin fro or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, th t the fore oin obli tion sh 11 not ly to Custo er's isuue or odific tion of Contr ctor's roducts or Custo er's o er tion or use of Contr ctor's roducts in manner not contemplated by the Contract or the purchase order. If any product is the subject of an infrin a ent suit, or in the Contr ctor's o inion is likely to beco a the subject of such suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non -infringing. 5.20.3 If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. 5.20.4 The Contr ctor's obli tions under the recedin two r r hs with res ect to ny le l ction re contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened ction, (2) the o ortunity to t ke over nd settle or defend ny such ction t Contr ctor's sole ex ense, nd (3) ssist nee in defendin the ction t Contr ctor's sole ex ense. The Contr ctor sh 11 not be li ble for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contr ctor's rior written consent, which sh 11 not be unre son bly withheld. 5.21 LIMITATION OF LIABILITY: 5.21.1 For all claims against the Contractor under any individual purchase order, and regardless of the basis on which the el i is de, the Contr ctor's li bility under urch se order for direct d es sh 11 be limited to the greater of $100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. 5.21.2 Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. 5.21.3 The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 5.22 SUSPENSION OF WORK: 5.22.1 The Customer may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. 5.22.2 After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 5.23 TERMINATION FOR CONVENIENCE: 5.23.1 The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Custo er deter ines in its sole discretion th t it is in the St te's interest to do so. 5.23.2 The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 5.24 TERMINATION FOR CAUSE: 5.24.1 The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. 5.24.2 The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. 5.24.3 If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 5.25 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY: 5.25.1 The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contr ctor's control, or for ny of the fore oin th t ffect subcontr ctors or su liers if no alternate source of supply is available to the Contractor. 5.25.2 In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. 5.25.3 Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. 5.25.4 If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchasefrom other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 5.26 SCOPE CHANGES: 5.26.1 The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. 5.26.2 Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 5.27 RENEWAL: 5.27.1 Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. 5.27.2 The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 5.28 ADVERTISING: 5.28.1 Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the St to s reference, or otherwise linkin the Contr ctor's n e nd either descri tion of the Contr ct or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 5.29 ASSIGNMENT: 5.29.1 The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. 5.29.2 In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 5.30 TERMINATION FOR CONVENIENCE: 5.30.1 Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. 5.30.2 The Custo er's decision on the etition sh 11 be fin 1, subject to the Contr ctor's ri ht to review ursu nt to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. 5.30.3 Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 5.31 _EMPLOYEES, SUBCONTRACTORS, AND AGENTS: 5.31.1 All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and. administrative requirements of the Customer, 5.31.2 The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Custo er's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contr ctor's a loyees, subcontractors, or agents. 5.32 SECURITY AND CONFIDENTIALITY: 5.32.1 The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. 5.32.2 The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the St tc's or Custo er's confidenti 1 infor tion, or teri 1 th t is otherwise obt in ble under St to 1 w as a public record. To ensure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 5.33 CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS: 5.33.1 The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 5.34 INSURANCE REQUIREMENTS: 5.34.1 During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. 5.34.2 The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contr ctor's li bility nd obli tions under the Contr ct. All insur nee olicies sh 11 be throu h ensurers authorized or eligible to write policies in Florida. 5.35 WARRANTY OF AUTHORITY: 5.35.1 Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 5.36 WARRANTY OF ABILITY TO PERFORM: 5.36.1 The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restr in, or di inish the Contr ctor's bility to s tisfy its Contr ct obli tions. 5.36.2 The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 5.37 NOTICES: 5.37.1 All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 5.38 LEASE AND INSTALLMENT PURCHASES: 5.38.1 Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment -purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 5.39 PRISON REHABILITATIVE INDUSTREES AND DIVERSIFIED ERPRISES, INC (PRIDE): 5.39.1 Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at httlapradell.cam. 5.40 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED: 5.40.1 Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at htip://www.respectof(lorida.org. 5.41 MODIFICATION OF TERMS: 5.41.1 The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. 5.41.2 The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wr " ter s cco nyin or ffixed to roduct, whether written or electronic) or by incorporating such terms onto the Contractor's order or fist 1 for s or other docu ents forw rded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 5.42 COOPERATIVE PURCHASING: 5.42.1 Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein, Non -Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. 5.42.2 State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 5.43 WAIVER: 5.43.1 The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be dee ed w fiver of the Custo er's ri ht there fter to enforce those ri hts, nor sh 11 ny single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 5.44 ANNUAL APPROPRIATIONS: 5.44.1 The St te's erfor nce nd obli tion to y under this contr ct re contin ent u on n nnu I appropriation by the Legislature. 5.45 EXECUTION IN COUNTERPARTS: 5.45.1 The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 5.46 SEVERABILITY: 5.46.1 If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. PART SIX: FORMS 6.1 ORDERING INSTRUCTIONS BIDDER: SPURS VENDOR NUMBER: ITB/Contract Administration Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: If the person responsible for answering questions about the bid is different from the person identified above, please provide the same information for that person. Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: Direct Orders Please provide the following information about where Customers should direct orders. You must provide a regular mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address. Street Address or P.O. Box: City, State, Zip: Phone Number: Toll Free Number: Ordering Fax Number: Internet Address: Federal ID Number: Remit Address: City, State, Zip: I Name: Address: Telephone: Email: 3 5 7 9 Name: Address: Telephone: Email: Name: Address: Telephone: Email: Name: Address: Telephone: Email: Name: Address: Telephone: Email: 6.2 2 Name: Address: Telephone: Email: 4 6 8 10 Name: Address: Telephone: Email: Name: Address: Telephone: Email: Name: Address: Telephone: Email: Name: Address: Telephone: Email: 6.3 SAVINGS/PRICE REDUCTIONS Invitation to Bid/Request for Proposal/Invitation to Negotiate No. Bidder/Respondent is required to furnish the percent (%) savings in prices offered in this bid compared to retail, list, published or other usual and customary prices that would be paid by the purchaser without benefit of a contract resulting from this bid. Date: COMPETITIVE PRICES OFFERED AVERAGE % SAVINGS HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at (URL), or other source of benchmark prices)? /:Ul I 0 M N IVA 011 W (C hH.'N IL II'M$ 11:1 I111 �. [�1►1:�►LII�� I:I:I:ii I:111101:0RA'11*3all il111:121iwill 10Ti IF CONTRACT AWARDED, STATE PURCHASING ANALYST/SPECIALIST TOOK THE FOLLOWING STEPS TO VERIFY SAVINGS: WHAT WERE THE RESULTS? PURCHASING ANALYST/SPECIALIST: 6.4 CERTIFICATION OF DRUG -FREE WORKPLACE PROGRAM Section 287.087 of the Florida Statutes provides that, where identical tie bids are received, preference shall be given to a bid received from a bidder that certifies it has implemented a drug -free workforce program. Please sign below and return this form to certify that your business has a drug -free workplace program. 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. b) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section, As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. False statements are punishable at law. IDDER'S NAME: M Authorized Signature Print Name and Title PUR-7009 (04/02) 6.5 EMERGENCY SITUATIONS Emergency situations, resulting from events such as natural disasters, may require immediate supply of commodities and services to various government entities. If your firm is capable and willing to supply item(s) offered in the solicitation during an emergency, please complete the following: CONTRACT TITLE CONTACT PERSON (24 HOURS) EMERGENCY TELEPHONE NUMBER PAGER TELEPHONE NUMBER 41aa "W0I'm 1i00a92.C6L12RUMAlTK7 ANSWERING SERVICE/AFTER HOURS TELEPHONE NUMBER The above information will not be published. It will only be used by this office and the Emergency Management Center should the State of Florida determine an emergency situation exists. 6.6 QUALIFICATION/ATTESTATION FOR MANDATORY STATEMENTS All Contractors must have the following qualifications and submit notarized authorized signature attesting to such. • This is to certify that the Contractor has been providing Temporary Employment Staffing for a minimum of one (1) year; • This is to certify that the Contractor has full -service office with staff available for assistance between the hours 8:00 am to 5:00 pm, Monday through Friday (minimum) with the ability to handle inquiries/orders during those business hours (including lunch hour); • This is to certify that the Contractor has placed a minimum of 50 temporary employees in the last six (6) months. • This is to certify that the Contractor can serve entire region(s) bid. Dated this Day of 2007 Name of Contractor Authorized Signature Title: being duly sworn deposes and says that the information herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this Day of Notary Public: My Commission Expires. 2007 6.7 CONTRACT REVISION REOVEST/AUTHORIZATION FORM This form MUST be used to request any revision to the Contract for Temporary Employment Staffing. Submission of this form, and authorization from the Contract Manager, is required prior to any updates, including price changes. Requests for revisions are to be sent to: Department of Management Services State Purchasing 4050 Esplanade Way, Suite 325 Tallahassee, Florida 32399-0950 Fax: 850-488-5498 CONTACT: Name/Title: Address: City, State, Zip: Phone/Fax: Email: REVISION TO: Pricing Services Ordering Instructions ATTACHMENTS: Pricing Services Ordering Instructions Date: (For Use By State Purchasing — Do Not Mark Below This Line) DATE RECEIVED: DOCUMENTS ATTACHED? APPROVAL: (Contract Manager) YES NO DATE OF APPROVAL: CONTRACTOR NOTIFIED: via Fax via Mail -- via Email (Date) (Date) (Date) 6.8 STATE OF FLORIDA OBJECTIVES — IDDER'S RESPONSE Pie se reference section 1.25 (St to Objectives). As st ted in this section: " idders sh 11 ddress 1 ns to support e ch of the St te's five (5) objectives listed , to the extent lie ble to the ite s/services covered by this solicit tion." Pie se ddress your co ny's ro ch to these objectives in the s ce below. Add es if necess ry to include all aspects and phases of these goals. State of Florida -- Five Objectives: 1. One Florida Initiative 2. Environmental Considerations 3. Certification of Drug -Free Workplace Program 4. Products Available from the Blind or Other Handicapped (RESPECT) 5. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) 6.9 CONTRACT This Contract, effective the last day signed below, is by and between the State of Florida, Department of Management Services ("Department"), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entities identified below as Contractor (individually, "Contractor") (the Contract is executed in counterparts; see attached sheets to identify all Contractors). The Contractor responded to the Department's Invitation to Bid No. 22-991-460-B, Temporary Employment Staffing. The Department has determined to accept the Contractor's bid and to enter into this Contract in accordance with the terms and conditions of the solicitation. The specific products awarded to Contractor, and the maximum rates Contractor may charge Customers, are identified on the attached Price Sheet. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section 287.042(2)(a) of the Florida Statutes, The Contract is a thirty-six month contract starting from the last date signed below. The Contract consists of the following documents, which, in case of conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth: • Any written amendments to the Contract • This document, including the Price Sheet • Statement of Work • Instructions to Bidders • General Conditions • Any purchase order under the Contract • Contractor's Bid State of Florida, Date Department of Management Services By. Linda H. South, Secretary Contractor Name. (Seal) Street Address or P.O. Box: City, State, Zip; By; (Printed Name) Date Its; (Title) Approved as to form and legality by the Department General Counsel's Office: _ Date. mm mp 1 m6i FO Srcnoi4 I Smmott 2 k4curldbia m0itr Santa Row Jaekaon C?iaa coon Washington www" Bay Cathouft Gull 6.10 REGIONAL MAP @w Src-r m 3 Cain Ubary Waktalla Franklin Sin 4 S ea 5 St trnON 6 Lean Jefferson Hamilton MAditr>n Suwannee Tayfar Calumfla Lafayette Baker Union Bradford. SKTm 7 swcmm 6 Somas 9 Nassau Dixie St, Johns VII Giiam Pucrum 7 A laduu Fla tt of manon Sar.°nO" to SWWN 11 svCnON 12 Citrus Semis Ic p'ttacl6s $urnrer Ormw Hilborough lAke Brevard folk Hernando Owtdo, Sack 13 Swncm ter StCM14 15 Saaaxrara Ina iara Rim irre Desoto Okeechob" Hendry Hli$hlanda St, Lucie Collier Ciaadom Mann Glad" Sxr"nON 16 swnON 17 Urn Beach Monroe B90wam Giadt A �=-RPVAO \.J.00,� � �o ORDERING INSTRUCTIONS Direct all orders and inquiries to: A1A Employment Contact Name: Garrie J. Harris Title: C.O.O. Street Address or P.O. Box. 3050 Biscayne Blvd Suite 100 City, State, Zip: Miami, Florida 33137 Email Address: harris alaem to ment.com or ibeauzil(a-)alaemployment.com Phone Number: 305-573-0333 Toll Free Number: 1-866-212-4244 Ordering Fax Number: 305-573-0251 Internet Address: www.a.laemollovment.com Federal ID Number: 59-1979653 Remit Address: 3050 Biscayne Blvd, Suite 100 City, State, Zip: Miami, Florida 33137 SERVICE LOCATIONS Miami Contact: Anita Lawson Phone: 305-573-0333 Email: alawson(a7alaemployment.com Address: 3050 Biscayne Blvd Suite 100 Miami, FL 33137 Fart Lauderdale Contact: Jackie Beauzil Phone: 954-733-0533 Email: beauzil a 1 aem to ment.com Address: 3174 West Commercial Blvd Fort Lauderdale, FL 33309 ORDERING INSTRUCTIONS Direct all orders and inquiries to: Academy Design & Technical Services, Inc. Contact Name: Roseann Ambrico Title: Recruiting Manager Street Address or P.O. Box: 1303 N. St. Rd. 7 City, State, Zip: Margate, FI. 33063 Email Address: roseann(a)adts.org Phone Number: 954-973-7600 Toll Free Number: 800-838-0960 Ordering Fax Number: 954-973-4890 Internet Address: www.adts.org Federal ID Number: 59-2044594 Remit Address: 1303 North State Road 7 City, State, Zip: Margate, Florida 33063 SERVICE LOCATION$ Margate Phone: 954-973-7600 Email: roseann@adts.org Address: 1303 North State Road 7 Margate, FL 33063 The Villages Phone: 352-751-6066 Email: adts(a)adts.org Address: 3465 Cambria Circle The Villages, FL 32162 Gainesville Phone: 352-215-0774 Email: sales adts.or Address: 3626 NW 60t' Terrace Gainesville, FL 32606 New Port Richey Phone: 727-967-8988 Email: Dosenh@adts.org Address: 2455 Commack Court New Port Richey, FL 34655 ORDERING INSTRUCTIONS Direct all orders and inquiries to: Daytona Employment Contact Name: Connie Maynard Title: Team Leader Street Address or P.O. Box: 609 South Ridgewood Avenue City, State, Zip: Daytona Beach, FL 32114 Email Addresses: cma nard da tonaem o ment.com & Claire(@davtonae!mployment.com Phone Number: 386-253-3333 Toll Free Number: n/a Ordering Fax Number: 386-255-0055 Internet Address: www.daytonaemployment.com Federal ID Number: 04-3678987 Remit Address: 609 South Ridgewood Avenue City, State, Zip: Daytona Beach FL 32114 ORDERINGTRIJOTIONS Direct all orders and inquiries to: Employment Resources, Inc. Staffing Services Contact Name: John Becktord, CPC, CTS, CSP Title: Vice President, Client Services & Operations Street Address or P.O. Box: 8050 North University Drive, Suite # 206 City, State, Zip: Ft. Lauderdale, FL 33321 Email Address: eri'chn bellsouth.net Phone Number: 954.597.7700 Toll Free Number: n/a Ordering Fax Number: 954.597.7799 Internet Address: www.em loyrrnentresources.net Federal ID Number: 65-0383247 Remit Address: 8050 North University Drive, Suite # 206 City, State, Zip: Fort Lauderdale, FL 33321 SERVICE LOCATIONS Fort Lauderdale Phone: 954-597-7700 Email: erijohn _ bellsouth.net Address: 8050 N University Drive Suite 206 Fort Lauderdale, FL 33321 Miami Lakes Phone: 786-594-0400 Email: erijohn(ftellsouth.net Address: 6175 NW 153rd Street Suite 121 Miami Lakes, FL 33014 Winter Park Phone: 407-647-8367 Email: erijohn(cbbellsouth.net Address: 2211 Lee Road Suite 107 Winter Park, FL 32789 Boynton Beach Phone: 561-347-0048 Email: eri ohn bellsouth.net Address: 2500 Quantum Lakes Drive Boynton Beach, FL 33426 ORDERING INSTRUCTIONS Direct all orders and inquiries to: Elite Staffing Solutions Contact Name: Tami Clark Title: President Street Address or P.O. Box: 9720 Princess Palm Avenue, Suite 144 City, State, Zip: Tampa, FL 33619 Email Address: tclark elitetam s.carr7 Phone Number: 813-623-2224 Toll Free Number: n/a Ordering Fax Number: 813-626-7982 Internet Address: www,elitetam_ pa.com Federal ID Number: 20-0183272 Remit Address: P. O. Box 13188 City, State, Zip: Milwaukee, WI 53213-0188 Direct all orders and inquiries to: ETI Professionals, Inc. Contact Name: Hany Derias Title: Branch Manager Street Address or P.O. Box: 4902 Eisenhower Blvd, Suite 150 City, State, Zip: Tampa, FL 33634 Email Address: hderias __etipros.com Phone Number: 813-881-0819 Toll Free Number: n/a Ordering Fax Number: 813-886-6968 Internet Address: www,etiprofessionals.com Federal ID Number: 84-1216631 Remit Address: 165 South Union Blvd, Suite 700 City, State, Zip: Lakewood, CO 80228 ORDERINGI N$TRI,JCTIONS Direct all orders and inquiries to: Finch -Hatton Group Contact Name: Jennifer Campbell Title: Principal Street Address or P.O. Box: P.O. Box 13272 City, State, Zip: Tallahassee, FL 32317-3272 Email Address: info@myfloridastaffing.com Phone Number: 850-391-0313 Toll Free Number: Ordering Fax Number: Internet Address: orders@myfloridastaffing.com (website currently under development) Federal ID Number: 54-1549863 Remit Address: P.O. Box 13272 City, State, Zip: Tallahassee, FL 32317-3272 SERVICE LOCATIQNS Jacksonville Phone: 850-319-0313 Email: icampbell(cDfh .com Address: 137 Dragonfly Drive Jacksonville, FL 32259 ORDERING INSTRUCTIONS Direct all orders and inquiries to: GDKN Corporation Contact Name: Jay Narang Title: Vice President Street Address or P.O. Box: 1779 North University Drive, Suite 102 City, State, Zip: Pembroke Pines, FL 33024 Email Address: JNarangPgdkn.com Phone Number: (954) 915-6695 x 202 Toll Free Number: (877) GET-GDKN x 202 Ordering Fax Number: (954) 915-6811 Internet Address: www.adkn.com Federal ID Number: 31-1382139 Remit Address: 1779 North University Drive, Suite 102 City, State, Zip: Pembroke Pines, FL 33024 SERVICE LOCATIQNS Pembroke Pines Contact: Jay Narang Phone: 954-915-6695 Email: inarang@qdkn.com Address: 1779 North University Drive Suite 102 Pembroke Pines, FL 33024 Baca Raton Contact: Jay Narang Phone: 954-915-6695 Email: inarang((Dgdkn.com Address: 22661 Meridiana Drive Boca Raton, FL 33433 ORDERING INSTRUCTIONS Direct all orders and inquiries to: KeyStaff, Inc. Contact Name: Laurinda Beauchene Title: Branch Manager Street Address or P.O. Box: 7628 N Lockwood Ridge Road City, State, Zip: Sarasota, Florida 34243 Email Address Beauchene.keystaff(a_7uerizon.net Phone Number: 941-351-7466 Toll Free Number: 800-608-2662 Ordering Fax Number: 941-351-7456 Internet Address: www.keystaff.biz Federal ID Number: 41-1887214 Remit Address: P.O Box 4249 City, State, Zip: St. Paul, MN 55104 SERVICE LOCATIONS Sarasota Contact: Laurinda Beauchene Phone: 941-351-7466 Email: Ibeauchene.ke staff venzon.net Address: 7628 North Lockwood Ridge Road Sarasota, FL 34243 West Palm Beach Contact: Bev Cotto Phone: 561-688-9184 Email: kevstaff8 bellsouth.net Address: 5601 Corporate Way #206 West Palm Beach, FL 33407 Fort Lauderdale Contact: Tiffany Gunnell Phone: 954-727-9002 Email: keystaff705 bellsouth.net Address: 6499 Powerline Road #208 Fort Lauderdale, FL 33309 ORDERING INSTRUCTIONS Direct all orders and inquiries to: Customers should direct orders to service offices in their respective regions. Direct orders can be transmitted electronically to the e-mail provided in the accompanying list of Service Locations. Contact Name: Martina McDowell Title: Branch Manager Street Address: 2417-3 Millcreek Court City, State, Zip: Tallahassee, FL 32308 Email Address: Tallahassee.fi na.man ower.com Phone Number: 850-386-8150 Ordering Fax Number: 850-386-3074 Internet Address: www,us,manpc?wer.com Federal ID Number: 39-1836586 Remit Address: 21271 Network Place City, State, Zip: Chicago, IL 60673-1212 Will Accept Visa P-card SERVICE LOCATIONS Boca Raton Contact: Kathy Brodeur Phone: 561-272-6636 Email: BocaRaton.FL na.man ower.com Address: 660 Linton Blvd #116 Delray Beach, FL 33444 Brooksville Contact: Janice Montero Phone: 352-592-8071 Email: Brooksville. FL(a)na.manpower. com Address: 7318 Sunshine Grove Road Brooksville, FL 34613 Coconut Creek Contact: Anthony Haag Phone: 954-698-6650 Email: DeerfieldBeach,Ff na.manpowgr.Com Address: 4800 West Hillsboro Blvd #13 Coconut Creek, FL 33073 Daytona Beads Contact: Sue Alleva Phone: 386-252-1221 Email: Da tonaBeach.FL @na.man ower.com Address: 373 Bill France Blvd Daytona Beach, FL 32114 Fort Myers Contact: Heather Dunn Phone: 239-936-6420 Email: FortMyers.FL(ana.man power.com Address: 6611 Orion Drive Suite 102 Fort Myers, FL 33912 Fort Pierce Contact: Erica Garrett Phone: 772-464-7771 Email: FortPierce_FL na.mannpower.com Address: 900 Virginia Avenue #16 Fort Pierce, FL 34982 Fort Wafton Beach Contact: Sherry Moore Phone: 850-561-0015 Email: FortWaltonBeach.EL@na.manpower.com Address: 1191 N Eglin Pkwy Suite D Shalimar, FL 32579 Gainesville Contact: Mary Sankovich Phone: 352-332-8088 Email: Gainesville.FL na.man ower.com Address: 100 SW 75 Ih Street #105 Gainesville, FL 32607 Jacksonville Contact: Lyn Phillips Phone: 904-783-9400 Email: Jacksonville. FL-West@na.manpgwer.com Address: 7033 Commonwealth Avenue Suite 4 Jacksonville, FL 32220 Contact: Jeff Weigel Phone: 904-564-1777 Email: Jacksonville. FL-South@na.m npower.com Address: 8101 Southside Blvd Suite 3 Jacksonville, FL 32256 Lakeland Contact: Heather Dunn Phone: 863-665-2455 Email: Lakeland.FL na.man ower.com Address: 2108 East Edgewood Drive Lakeland, FL 33803 Largo Contact: Tom Valeko Phone: 727-541-5581 Email: La[go.FL@na.manRower.com Address: 7480 Bryan Dairy Road Suite 550 Largo, FL 33777 Melbourne Contact: Michelle Stoddard Phone: 321-242-2296 Email: Melbourne. FLa na..manpower.com Address: 4450 West Eau Gallie Blvd #104 Melbourne, FL 32934 Miami Contact: Maria Molfetto Phone: 954-677-0900 Email: M iarni. FL-Professilona I& na. man power.com Address: 5300 NW 33 Avenue #106 Fort Lauderdale, FL 33309 Ocala Contact: Amy Morton Phone: 352-622-9277 Email: Ocala .FL na.man ower.com Address: 2370 SW College Road #106 Ocala, FL 34474 Orlando Contact: Carlos Cuesta Phone: 407-774-4242 Email: Orlando. FL-Northna.man ower.com Address: 190 Westmonte Drive Altamonte Springs, FL 32714 Contact: Jan Sperre Phone: 407-857-6161 Email: Oriando.FL-South na.man ower.com Address: 2432 Sand Lake Road Orlando, FL 32809 Panama City Contact: Tina Dreyer Phone: 850-769-1619 Email: PanamaCit .FL na.man ower.com Address: 651 West 10 Street Suite B Panama City, FL 32401 Pensacola Contact: Sherry Moore Phone: 850-473-8011 Email: Pensacola.FL na.man ower.corn Address: 185D West Airport Blvd Pensacola, FL 32505 Plantation Contact: Elizabeth Rota Phone: 954-236-3310 Email: Plantation. FL(cDna. mangower.com Address: 801 South University Drive #A-133 Plantation, FL 33324 Saint Augustine Contact: Gail Burger Phone: 904-826-3446 Email: StAugustine, F L(d)na.manpower. com Address: 525 State Road 16 Suite 109 Saint Augustine, FL 32084 Sarasota Contact: Tom Valeko Phone: 941-351-1316 Email: Sarasota. FL na.rnan ower.com Address: 2807 University Pkwy Sarasota, FL 34243 Stuart Contact: Heather Escobar Phone: 772-287-5359 Email: Stuart. FL@na.manpowgr.ca . Address: 10 Central Pkwy #304 Stuart, FL 34994 Tallahassee Contact: Martina McDowell Phone: 850-386-8150 Email: Tallahassee. FL na.man ower.com Address: 2417-3 Millcreek Court Tallahassee, FL 32308 Tampa Contact: Joe Badalamenti Phone: 813-249-0349 Email: Ta___m a_.FL West�na.m0DRower.com Address: 5625 West Waters Avenue Suite C Tampa, FL 33634 Contact: Kathleen Mills Phone: 813-643-1568 Email: j[nRgjj-East na man ower.com Address: 2076 Badlands Drive Brandon, FL 33510 Contact: Maria Molfetto Phone: 813-890-0521 Email: IAMpg.FL-Professional@na.manpower.com Address: 5625 West Waters Avenue Suite C Tampa, FL 33634 Vero Beach Contact: Laurie Collings Phone: 772-562-4330 Email: VeroBeach.FL na.man power.com Address: 1814 Commerce Avenue Suite C Vero Beach, FL 32960 ORDERING INSTRUCTIONS Direct all orders and inquiries to: Moten Tate, Inc. Contact Name: Kenneth Moten Title: President & CEO Street Address or P.O. Box: 390 N Orange Avenue, Ste 1890 City, State, Zip: Orlando, FL 32801 Email Address kmoten _ motentate.com Phone Number: (407) 843-3277 Toll Free Number: (866) 843-3277 Ordering Fax Number: (407) 843-3814 Internet Address: www.motentate.com Federal ID Number: 84-1394733 Remit Address: 390 N Orange Avenue, Ste 1890 City, State, Zip: Orlando, FL 32801 SERVICE LOCATIONS C�lfTiT� Phone: 407-843-3277 Email: kmoten rnotentate.com Address: 390 North Orange Avenue Suite 1890 Orlando, FL 32801 Miami Phone: 305-728-5187 Email: kmoten _ motentate.com Address: 701 Brickell Avenue Suite 1550 Miami, FL 33131 ORDERING INSTRUCTIONS Direct all orders and inquiries to: NiteLines USA, Inc. Contact Name: Eddie Edwards, Jr. Title: Project Manager Street Address or P.O. Box: 10242 NW 47`' Street, Suite 39 City, State, Zip: Sunrise, FL 33051 Email Address: e edwards@nitelinesu.sa.com Phone Number: 954-249-2934 Tall Free Number: 866-676-3502 Ordering Fax Number: 954-476-1161 Internet Address: www.nitelinesusa.com Federal ID Number: 59-3246289 Remit Address: 3883 Rogers Bridge Road, Suite 202-A City, State, Zip: Duluth, GA 30097 SERVICE LOCATIONS Tallahassee Contact: Ron Rigby Phone: 866-302-9287 Email: Ron.RigbYCc nitelinesusa.com Address: 1516 Capital Circle SE, Suite C-3 Tallahassee, FL 32301 Sunrise Contact: Eddie Edwards, Jr. Phone: 866-676-3502 Email: a edwards nitelinesusa.com Address: 10242 NW 471" Street, Suite 39 Sunrise, FL 33051 ORDERING INSTRUCTIONS Direct all orders and inquiries to: P2P Staffing Corporation Contact Name: Jay Bevilacqua Title: Managing Partner Street Address or P.O. Box: 5491 University Drive Suite 203 City, State, Zip: Coral Springs, FL 33067 Email Address: Ibev(a)tekpartners.com Phone Number: 954-656-8600 x. 303 Toll Free Number: n/a Ordering Fax Number: 954-656-8246 Internet Address: www.tekpartners.com Federal ID Number: 61-1405190 Remit Address: 5491 University Drive Suite 203 City, State, Zip: Coral Springs, FL 33067 SERVICE LOCATIONS Coral Springs Contact: Jay Bevilacqua Phone: 954-656-8600 x 303 Email: ibev tek artners.corn Address: 5491 University Drive Coral Springs, FL 33067 Miami Contact: Jackye Clayton Phone: 305-716-4008 Email: icla ton tek artners.com Address: 5201 Blue Lagoon Drive Suite 900 Miami, FL 33126 Orlando Contact: Michelle Blanford Phone: 407-660-6672 Email: mblanford c@tt�kpgrtners.com Address: 1800 Pembrook Drive Suite 300 Orlando, FL 32810 Tampa Contact: Amy Newman Phone: 813-288-4650 Email: anewman@tekpartners.com Address: 2202 North Westshore Blvd Suite 200 Tampa, FL 33607 ORDERING IN.TR CTIONS Direct all orders and inquiries to: People 2.0 Global, Inc. d/b/a TopTalent Staffing Contact Name: Robert R. Herring Title: President Street Address or P.O. Box: 210 South Bumby Avenue, Suite A City, State, Zip: Orlando, FL 32803 Email Address: bob _ toptalentusa.com Phone Number: 407-896-2150 Toll Free Number: 1-877-896-2150 Ordering Fax Number: 407-896-2151 Internet Address: n/a Federal ID Number: 65-1135006 Remit Address: P.O. Box 536853 City, State, Zip: Atlanta, GA 30353-6853 ORDERING INSTRUCTIONS Direct all orders and inquiries to: Perma Staff Associates, LLC Contact Name: Amen Ra Title: Senior Recruiter Street Address or P.O. Box: 2020 West Fairbanks Avenue, Suite 100 City, State, Zip: Winter Park, Florida 32789 Email Address: mra@permastaffing.com Phone Number: 407-647-6080 Toll Free Number: n/a Ordering Fax Number: 407-650-3167 Internet Address: www.permastaffing.cog! Federal ID Number: 76-0762389 Remit Address: 2020 West Fairbanks Avenue, Suite 100 City, State, Zip: Winter Park, Florida 32789 ORDERING INSTRUCTIONS Direct all orders and inquiries to: Phair Consultants, Inc. Contact Name: Calvetta Phair Title: Principal Street Address or P.O. Box: 16850 Collins Avenue, Building 112, Suite 241 City, State, Zip: Sunny Isles Beach, Florida 33160 Email Address: Phair PhairConsultants.com Phone Number: 305.945.2909 Toll Free Number: 866.945.2909 Ordering Fax Number: 305.919.1720 Internet Address: htt 12L//www.,phairconsultants.com Federal ID Number: 75-3143686 Remit Address: 16850 Collins Avenue, Building 112, Suite 241 City, State, Zip: Sunny Isles Beach, Florida 33160 ORDERING INSTRUCTIONS Direct all orders and inquiries to: Remedy Intelligent Staffing Contact Names: Mindy Schaefer / Kammie Gargan / Jay Pichard Title: VP Operations / Staffing Coordinator Street Address or P.O. Box: 1550-2 Village Square Boulevard City, State, Zip: Tallahassee, FL 32309 Email Addresses: Minds Remed staff.com / Kammieg(a Remedystaff.corn / JaypftRemedystaff.com Phone Number: 850-523-0005 Toll Free Number: n/a Ordering Fax Number: 850-523-0266 Internet Address: www.Remedystaff.com Federal ID Number: 59-3479808 Remit Address: 1550-2 Village Square Boulevard City, State, Zip: Tallahassee, FL 32309 ORDERINQ IN19TRUPTIQN5 Direct all orders and inquiries to: SMX Services & Consulting, Inc. Contact Name: Richard Quevedo or Raquel Gonzalez Title: President Street Address or P.O. Box: 7220 NW 36th Street # 435 City, State, Zip: Miami, FL 33166 Email Address: Equevedo _ smxusa.com Phone Number: 305 463 7191 Toll Free Number: 1-888-463-7191 Ordering Fax Number: 1-888-463-7991 Internet Address: www.smxusa.com Federal ID Number: 65-0759632 Remit Address: 7220 NW 36th Street #435 City, State, Zip: Miami, FL 33166 SERVICE LOCATIONS Miami Contact: Richard Quevedo Phone 1-888-463-7191 Email: request@smxusa.com Address: 7220 NW 36t Street # 435 Miami, FL 33166 Miramar Contact: Damaris Suarez Phone: 1-888-463-7191 Email: request(7smxusa.com Address: 2570 Centergate Drive # 203 Miramar, FL 33025 ORDERING INSTRUCTIONS Direct all orders and inquires to: StaffCo Management Group d.b.a. American Staffing Resources Customers should direct orders to service office in their respective region. Direct orders can be transmitted electronically to the e-mail provided in the accompanying list of Service Locations. Contact Name: James McKenzie Title: Regional Manager Street Address: 19407-B Panama City Beach Parkway City, State, Zip: Panama City Beach, FL 32413 Email Address: LrncKe�ritig,@-a!mELricanstaff.com americanstaff.com Phone Number: 850-596-0939 Ordering Fax Number: 850-234-0983 Internet Address: http://www,americanstaff.com/ Federal ID Number: 20-2394568 Remit Address: StaffCo Management Group, Inc. P.O. Box 13188 Milwaukee, WI 53213-0188 Will accept Visa P-card SERVICE LOCATIONS Fort Walton Beach Contact: David Junker Phone: 850-301-2093 Email: dyer americanstaffcom Address: 250-B NE Eglin Pkwy Fort Walton Beach, FL 32547 Panama City Beach Contact: Jane Junker Phone: 850-230-1116 Email: jiunker _ americanstaff.com Address: 19407-B Panama City Beach Pkwy Panama City Beach, FL 32413 Tallahassee Contact: Christine Conley Phone: 850-576-8700 Email: cconley@americanstaff.com Address: 1217 Blountstown Hwy Tallahassee, FL 32304 Jacksonville Contact: George Eldredge Phone:904-378-0955 Email: g ldredge2americanstaff.com Address: 5913 Normandy Blvd #3 Jacksonville, FL 32257 Orlando Contact: Ted Jorgenson Phone: 407-240-0007 Email: t'or enson @americanstaffcom Address: 8204 Crystal Clear Lane #1000 Orlando, FL 32809 Tampa Contact: Bruce Goldin Phone: 813-931-4422 Email: bgolden@americanstaff.com Address: 11980 North Florida Avenue Tampa, FL 33612 Pembroke Pines Contact: Eddy Vargas Phone: 305-409-0553 Email: eva[gasLuIamericanstaff.corn Address: 7942 Pines Blvd Pembroke Pines, FL 33024 ORDERING INSTRUCTIONS Direct all orders and inquiries to: Step One Services, LLC Contact Name: Sarita Carter Title: Owner Street Address or P.O. Box: 1102 South Adams Street, Suite 10 City, State, Zip: Tallahassee, Florida 32301 Email Address: step 1carter(a)yahoo.com Phone Number: 850-224-7837 Toll Free Number: n/a Ordering Fax Number: 850- 224-7071 Internet Address: n/a Federal ID Number: 02-0558358 Remit Address: 1102 South Adams Street, Suite 10 City, State, and Zip: Tallahassee, Florida 32310 ORDERING INSTRUCTIONS Direct all orders and inquiries to: The PHR Group, LLC Contact Name: Shamika Bernardin Title. Director of Account Management Street Address or P.O. Box: 4973 Town Terrace South City, State, Zip: Kissimmee, FL 34758 Email Address: shamika(@thephrgroup.coM Phone Number: 407-738-4868 Toll Free Number: 1-866-525-8211 Ordering Fax Number: 954-749-5359 Internet Address: www.thephrgroup.com, Federal ID Number: 72-16-10236 Remit Address: 4973 Town Terrace South City, State, Zip: Kissimmee, FL 34758 SERVICE LOCATIONS Kissimmee Phone: 1-866-525-8211 Email: shamikaPthephrgroup.com Address: 4973 Town Terrace South Kissimmee, FL 34758 Fat Lauderdale Phone: 1-866-525-8211 Email: shamika the hr rou .com Address: 100001 NW 50" Street Suite 103E Sunrise, FL 33351 Miami Phone: 1-866-525-8211 Email: shamika(@ther)hroroup.com Address: 12271 SW 1291h Court Miami, FL 33186 ORDERING INSTRUCTIONS Direct all orders and inquiries to: Tri-State Employment Service Inc. Contact Name: Susan Kennedy Title: Contract Manager Street Address or P.O. Box: 160 Broadway, 15'" Floor City, State, Zip: New York, NY 10038 Email Address: skenned tristateem to ment.com Phone Number: 718-982-1028 Toll Free Number: n/a Ordering Fax Number: 718-982-1222 Internet Address: n/a Federal ID Number: 13-3703106 Remit Address: n/a City, State, Zip: n/a SERVICE LOCATIONS Tallahassee Contact: Mitch Bridges Phone: 850-523-0099 Fax: 850-523-0098 Address: 325 John Knox Road Building C, Suite 115 Tallahassee, FL 32303 Jacksonville Contact: Diana Huddleston Phone: 904-358-6111 Fax: 904-358-6116 Address: 300 West Adams Street Suite 580 Jacksonville, FL 32220 Orlando Contact: Vincent D'Agnillo Phone: 407-839-4666 Fax: 407-839-4660 Address: 1221 West Colonial Drive Suite 201 Orlando, FL 32804 Tampa Contact: Collete Taswell Phone: 813-277-0088 Fax: 813-277-0328 Address: 220 East Madison Avenue Tampa, FL 33602 Deerfield Contact: Celeste Pantano Phone: 954-426-1833 Fax: 954-426-2838 Address: 478 West Hillsborough Deerfield, FL 33441 Miami Contact: Darlend Lodato Phone: 305-358-5081 Fax: 305-358-5096 Address: 150 SE 2nd Avenue Suite 201 Miami, FL 33131 ORDERING INSTRUCTION$ Direct all orders and inquiries to: Westaff Contact Name: Doug Palmer Title: FL District Manager Street Address or P.O. Box: 430 E SR 436 Suite 104 City, State, Zip: Orlando, FL 32707 Email Address: dpalmer _ westaff.com Phone Numbers: 407-331-6950 office, 407-949-4842 cell Toll Free Number: n/a Ordering Fax Number: 407-331-5072 Internet Address: www.westaff.com Federal ID Number: 68-0095781 Remit Address: P.O. Box 952372 City, State, Zip: St. Louis, MO 63195-2372 SERVICE LOCATIONS Brandon Phone: 813-621-0637 Email: fltampa cr westaff.com Address: 4508 Oak Fair Blvd Suite 109 Tampa, FL 33610 Bunnell Phone: 386-206-9580 Email: flbunnell@westaff.com Address: 2285 East Hwy 100 Suite 231 Bunnell, FL 32110 Clearwater Phone: 727-572-7707 Email: ficlearwaterewestaff.corn Address: 5251 1101h Avenue Suite 117 Clearwater, FL 33760 Fort Lauderdale Phone: 954-772-6726 Email: flftlauderdale(o)westaff.com Address: 1500 West Cypress Creek Road Suite 108 Lauderdale Lakes, FL 33309 Jacksonville Phone: 904-733-1348 Email: fl'acksonville@westaff.com Address: 9551 Baymeadows Road Suite 18 Jacksonville, FL 32256 Lakeland Phone: 863-603-9300 Email: fllakeland(c7westaff.com Address: 123 South Tennessee Avenue Suite 1 Lakeland, FL 33801-5073 Miami Phone: 305-362-8258 Email: flmiamiC westaff.com Address: 419 West 491h Street Suite 111 Hialeah, FL 33012-3657 Orlando Phone: 407-331-6950 Email: florlando _ westaff.com Address: 430 East SR 436 Suite 104 Casselberry, FL 32707 Palatka Phone: 386-312-9804 Email: flpalatka@westaff.corn Address: 5111 Crill Avenue Suite B Palatka, FL 32177 0 ©:7ii Phone: 727-787-8367 Email: flpalmharbor(a),westaff.com Address: 35184 US Hwy 19 North Palm Harbor, FL 34684 Saint Augustine Phone: 904-824-9794 Email: flstaugustine@westaff.com Address: 3149 North Ponce De Leon Suite 2 Saint Augustine, FL 32084 Saint Cloud Phone: 407-331-6950 Email: fistcloud(cDwestaff.com Address: 1000 Robinson Avenue Saint Cloud, FL 34769 Sarasota Phone: 941-952-1822 Email: flsarasota @westaff.com Address: 601 North Washington Blvd. Sarasota, FL 34236-4241 Tampa Phone: 813-286-2484 Email: fitampa ca westaff.com Address: 1411 North Westshore Blvd Suite 104 Tampa, FL 33607 ►1 Y 710MI:=77 - Phone: 561-615-0100 Email: flwpbeach@westaff.com Address: 1655 Palm Beach Lakes Blvd Suite 630 West Palm Beach, FL 33401