HomeMy WebLinkAbout2024 10 14 Consent 300 - Purchase of Eleven New Police Fleet VehiclesCONSENT AGENDA ITEM 300
CITY COMMISSION AGENDA | OCTOBER 14, 2024 REGULAR MEETING
TITLE
Purchase of (11) Eleven New Police Fleet Vehicles
SUMMARY
The Police Department requests to purchase eleven (11) new fleet vehicles used
throughout the police department. Step One Automotive Group would be utilized to
purchase 3 Ford Police Interceptors Explorers and 1 Crime Scene Technician
equipment Transit Van for a purchase price totaling $175,960.00. The remaining police
vehicles will be purchased through Alan Jay Fleet Sales to include 4 Ford Police F-150
Police Responders and 3 Police Interceptor Explorers for a purchase price of
$316,595. The total purchase price of the vehicle is $492,555. Additional outfitting of
emergency equipment will be presented at a future commission meeting.
These vehicles will replace existing vehicles in our fleet that will be sent to auction due
to high mileage and or mechanically unsound for police service.
All vehicles and equipment are being purchased from valid State or National
contracts.
FUNDING SOURCE
Funding source for the purchases of these vehicles have been approved in the FY25
budget as a capital item under 001-21-2100-560641.
RECOMMENDATION
Staff recommends the City Commission approve the purchase of nine (9) Police
Vehicles from Alan Jay Fleet sales with Sourcewell Contract 2025-0915231-NAF &
032824-NAF, and four (4) Police Vehicles from Step One Automotive Group DBA Ford
Crestview with Florida State Contract 25-1000-23 STC. The total purchase price not to
exceed $492,555.00.
10
091521-NAF
Rev. 3/2021 1
Solicitation Number: RFP #091521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive,
Watsonville, CA 95076 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with
Related Equipment and Accessories from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
11
091521-NAF
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier’s dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends
beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
12
091521-NAF
Rev. 3/2021 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
13
091521-NAF
Rev. 3/2021 4
x Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
x Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an
amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity’s
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government-
owned facilities, including schools. Supplier’s employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
14
091521-NAF
Rev. 3/2021 5
contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum; the terms of which will be negotiated directly between the
Participating Entity and the Supplier. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
15
091521-NAF
Rev. 3/2021 6
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and
x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, supply issues, customer
issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department);
x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
16
091521-NAF
Rev. 3/2021 7
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above “Attn: Accounts Receivable” or remitted electronically to
Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If
Supplier’s Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
17
091521-NAF
Rev. 3/2021 8
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party.For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. Sourcewell’s
responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and
license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell’s relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Supplier’s trademarks in advertising and promotional materials for the
purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
18
091521-NAF
Rev. 3/2021 9
resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in
advertising and promotional materials for the purpose of marketing the Parties’ relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party’s trademarks only in good faith and in a dignified manner consistent with
such party’s use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
19
091521-NAF
Rev. 3/2021 10
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
20
091521-NAF
Rev. 3/2021 11
The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
21
091521-NAF
Rev. 3/2021 12
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer’s Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier’s
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data – including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
22
091521-NAF
Rev. 3/2021 13
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
23
091521-NAF
Rev. 3/2021 14
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis-Bacon Act provisions.
24
091521-NAF
Rev. 3/2021 15
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
25
091521-NAF
Rev. 3/2021 16
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31
U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier’s personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
26
091521-NAF
Rev. 3/2021 17
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this
Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to
the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract
or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor
acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to
the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and
benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell,
and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work
under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part
200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the
U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or
potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive
Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to
individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will
comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that
during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
27
091521-NAF
Rev. 3/2021 18
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier’s
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________
Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
28
5)3 $XWRPRELOHV689V9DQVDQG/LJKW7UXFNVZLWK
5HODWHG(TXLSPHQWDQG$FFHVVRULHV
9HQGRU'HWDLOV
&RPSDQ\1DPH +285//&
'RHV\RXUFRPSDQ\FRQGXFW
EXVLQHVVXQGHUDQ\RWKHUQDPH",I
\HVSOHDVHVWDWH
1DWLRQDO$XWR)OHHW*URXS
$GGUHVV
$XWR&HQWHU'ULYH
:DWVRQYLOOH&$
&RQWDFW -HVVH&RRSHU
(PDLO -FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP
3KRQH
)D[
+67
6XEPLVVLRQ'HWDLOV
&UHDWHG2Q 7XHVGD\$XJXVW
6XEPLWWHG2Q 7XHVGD\6HSWHPEHU
6XEPLWWHG%\ -HVVH&RRSHU
(PDLO -FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP
7UDQVDFWLRQ GH GHHI EEHIGEG
6XEPLWWHU
V,3$GGUHVV
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
29
6SHFLILFDWLRQV
7DEOH 3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV
*HQHUDO,QVWUXFWLRQV DSSOLHVWRDOO7DEOHV 6RXUFHZHOOSUHIHUVDEULHIEXWWKRURXJKUHVSRQVHWRHDFKTXHVWLRQ'RQRWPHUHO\DWWDFKDGGLWLRQDOGRFXPHQWVWR\RXU
UHVSRQVHZLWKRXWDOVRSURYLGLQJDVXEVWDQWLYHUHVSRQVH'RQRWOHDYHDQVZHUVEODQN UHVSRQG³1$´LIWKHTXHVWLRQGRHVQRWDSSO\WR\RX SUHIHUDEO\ZLWKDQ
H[SODQDWLRQ
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
3URSRVHUௐ/HJDOௐ1DPHௐ RQHௐOHJDOௐHQWLW\ௐRQO\ ௐௐ ,QௐWKHௐ
HYHQWௐRIௐDZDUGௐZLOOௐH[HFXWHௐWKHௐUHVXOWLQJௐFRQWUDFWௐ
DVௐ6XSSOLHU
ௐ+RXUௐ//&
,GHQWLI\ௐDOOௐVXEVLGLDU\ௐHQWLWLHVௐRIௐWKHௐ3URSRVHUௐZKRVHௐ
HTXLSPHQWௐSURGXFWVௐRUௐVHUYLFHVௐDUHௐLQFOXGHGௐLQௐWKHௐ
3URSRVDO
:&$)ௐ//&
:&'-5ௐ//&
$ODQௐ-D\ௐ$XWRPRWLYHௐ,QF
,GHQWLI\ௐDOOௐDSSOLFDEOHௐDVVXPHGௐQDPHVௐRUௐ'%$ௐQDPHVௐRIௐ
WKHௐ3URSRVHUௐRUௐ3URSRVHU
VௐVXEVLGLDULHVௐLQௐ/LQHௐௐRUௐ
/LQHௐௐDERYH
1$)*ௐKDVௐQXPHURXVௐVXEVLGLDULHVௐDQGௐ'%$
VௐLQFOXGLQJௐEXWௐQRWௐOLPLWHGௐWR
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐ
&KHYUROHWௐRIௐ:DWVRQYLOOH
:DWVRQYLOOHௐ)RUG
:DWVRQYLOOHௐ&'-5
:DWVRQYLOOHௐ)OHHWௐ*URXS
$ODQௐ-D\ௐ&KU\VOHUௐ-HHSௐ,QF
$ODQௐ-D\ௐ&KHYUROHWௐ&DGLOODF
$ODQௐ-D\ௐ%XLFNௐ*0&
$ODQௐ-D\ௐ$XWRௐ2XWOHW
&OHZLVWRQௐ0RWRUௐ&RPSDQ\ௐ,QF
$ODQௐ-D\ௐ&KU\VOHUௐ'RGJHௐ5DPௐ-HHS
$ODQௐ-D\ௐ/LQFROQ
$ODQௐ-D\ௐ)RUG
$ODQௐ-D\ௐ1LVVDQ
$ODQௐ-D\ௐ7R\RWD
3URSRVHUௐ3K\VLFDOௐ$GGUHVV ௐ$XWRௐ&HQWHUௐ'ULYH
:DWVRQYLOOHௐ&$ௐ
3URSRVHUௐZHEVLWHௐDGGUHVVௐ RUௐDGGUHVVHV ZZZ1DWLRQDO$XWR)OHHW*URXSFRP
3URSRVHU
Vௐ$XWKRUL]HGௐ5HSUHVHQWDWLYHௐ QDPHௐWLWOHௐ
DGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH ௐ 7KHௐUHSUHVHQWDWLYHௐ
PXVWௐKDYHௐDXWKRULW\ௐWRௐVLJQௐWKHௐ³3URSRVHU¶Vௐ$VVXUDQFHௐ
RIௐ&RPSOLDQFH´ௐRQௐEHKDOIௐRIௐWKHௐ3URSRVHUௐDQGௐLQௐWKHௐ
HYHQWௐRIௐDZDUGௐZLOOௐEHௐH[SHFWHGௐWRௐH[HFXWHௐWKHௐUHVXOWLQJௐ
FRQWUDFW
-HVVHௐ&RRSHU
)OHHWௐ0DQDJHU
ௐ$XWRௐ&HQWHUௐ'ULYH
:DWVRQYLOOHௐ&$ௐ
-FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP
3URSRVHU
VௐSULPDU\ௐFRQWDFWௐIRUௐWKLVௐSURSRVDOௐ QDPHௐWLWOHௐ
DGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH
-HVVHௐ&RRSHU
)OHHWௐ0DQDJHU
ௐ$XWRௐ&HQWHUௐ'ULYH
:DWVRQYLOOHௐ&$ௐ
-FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP
3URSRVHU
VௐRWKHUௐFRQWDFWVௐIRUௐWKLVௐSURSRVDOௐLIௐDQ\ௐ
QDPHௐWLWOHௐDGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH
&ODUNHௐ&RRSHU
)OHHWௐ0DQJHU
ௐ$XWRௐ&HQWHUௐ'ULYH
:DWVRQYLOOHௐ&$ௐ
&ODUNH&RRSHU#ZDWVRQYLOOHIOHHWJURXSFRP
7DEOH &RPSDQ\,QIRUPDWLRQDQG)LQDQFLDO6WUHQJWK
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
30
3URYLGHௐDௐEULHIௐKLVWRU\ௐRIௐ\RXUௐFRPSDQ\ௐLQFOXGLQJௐ\RXUௐ
FRPSDQ\¶VௐFRUHௐYDOXHVௐEXVLQHVVௐSKLORVRSK\ௐDQGௐ
LQGXVWU\ௐORQJHYLW\ௐUHODWHGௐWRௐWKHௐUHTXHVWHGௐHTXLSPHQWௐ
SURGXFWVௐRUௐVHUYLFHV
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐVWDUWHGௐDVௐDௐQHZௐGLYLVLRQௐRIௐௐ+RXUௐ//&ௐLQௐWKHௐVXPPHUௐRIௐௐLQௐWKHௐ
KHDUWௐRIௐ6RXWKHUQௐ&DOLIRUQLDௐ:HௐEHJDQௐRXUௐQHWZRUNௐZLWKௐDௐVLQJOHௐDXWRPRELOHௐGHDOHUVKLSௐDQGௐKDYHௐQRZௐ
JURZQௐRXUௐQHWZRUNௐWRௐHQFRPSDVVௐQXPHURXVௐGHDOHUVKLSVௐORFDWHGௐLQௐDQGௐRXWVLGHௐRIௐ&DOLIRUQLDௐ
:HௐVWDQGௐE\ௐSURYLGLQJௐRSSRUWXQLWLHVௐIRUௐDGYDQFHPHQWௐE\ௐKLULQJௐDQGௐSURPRWLQJௐIURPௐZLWKLQௐRXUௐ
RUJDQL]DWLRQௐ0DQ\ௐRIௐWKHௐ)OHHWௐ0DQDJHUVௐZKRௐVWDUWHGௐZLWKௐXVௐLQௐௐDUHௐVWLOOௐZLWKௐXVௐWRGD\ௐ
7KURXJKௐWKHௐ\HDUVௐZHௐKDYHௐHYROYHGௐDQGௐDGDSWHGௐWRௐWKHௐQHZௐWHFKQRORJ\ௐGULYHQௐWUHQGVௐWKDWௐDUHௐ
UHYROXWLRQL]LQJௐWKHௐDXWRPRWLYHௐLQGXVWU\ௐWRGD\ௐ+RZHYHUௐRXUௐEUDQG¶VௐIXQGDPHQWDOௐFRUHௐYDOXHVௐKDYHௐ
UHPDLQHGௐXQFKDQJHGௐ±ௐ:HௐDUHௐFRPPLWWHGௐWRௐGRௐULJKWௐIRUௐWKHௐPHPEHUVௐ,IௐZHௐWDNHௐFDUHௐRIௐWKHPௐWKH\ௐ
ZLOOௐLQௐUHWXUQௐWDNHௐFDUHௐRIௐXVௐ
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS¶VௐRSHUDWLRQDOௐEOXHSULQWௐDQGௐEXVLQHVVௐSKLORVRSK\ௐKDVௐDOZD\VௐEHHQௐWKHௐ³ௐ
5,*+7¶V´ௐIRUௐHYHU\ௐPHPEHU ௐ:HௐGHOLYHUௐWKHௐ5,*+7ௐYHKLFOHௐDWௐWKHௐ5,*+7ௐWLPHௐWRௐWKHௐ5,*+7ௐSODFHௐDWௐ
WKHௐ5,*+7ௐSULFHௐ
7KHௐLQWHJULW\ௐRIௐRXUௐEXVLQHVVௐVWHPVௐRQௐRXUௐGHHSௐIDPLO\ௐURRWVௐLQௐWKHௐDXWRPRWLYHௐLQGXVWU\ௐ:HௐDUHௐDQGௐ
DOZD\VௐZLOOௐEHௐIDPLO\ௐRZQHGௐDQGௐRSHUDWHGௐZLWKௐRXUௐIXWXUHௐJHQHUDWLRQVௐDOUHDG\ௐLQௐWKHLUௐLQIDQWௐVWDJHVௐ
WRGD\ௐ:HௐDUHௐFRPPLWWHGௐWRௐSLRQHHULQJௐRXUௐLQGXVWU\ௐIRUௐGHFDGHVௐWRௐFRPH
:KDWௐDUHௐ\RXUௐFRPSDQ\¶VௐH[SHFWDWLRQVௐLQௐWKHௐHYHQWௐRIௐ
DQௐDZDUG"
,IௐDZDUGHGௐWKLVௐZRXOGௐEHௐRXUௐWKௐ6RXUFHZHOOௐ&RQWUDFWௐDQGௐZHௐZRXOGௐH[HFXWHௐDVௐVXFKௐ:HௐZLOOௐ
FRQWLQXHௐWRௐVHUYHௐ\RXUௐPHPEHUVௐDQGௐSURYLGHௐWKHPௐZLWKௐH[FHOOHQWௐFXVWRPHUௐVHUYLFHௐZKLOHௐFRQWLQXLQJௐWRௐ
DGYDQFHௐFXVWRPHUௐVDWLVIDFWLRQௐ$ORQJௐZLWKௐLPSOHPHQWLQJௐQHZௐEXVLQHVVௐJURZWKௐVWUDWHJLHVௐWKDWௐZLOOௐ
XOWLPDWHO\ௐODXQFKௐXVௐLQWRௐQHZௐKHLJKWVௐRQFHௐDJDLQௐ
)XUWKHUPRUHௐZHௐZLOOௐODXQFKௐRXUௐ3DUWQHUௐ3URJUDPௐGHWDLOHGௐLQௐWKHௐDWWDFKHGௐ³PDUNHWLQJௐ3ODQௐ
&RPSUHVVHG´ௐ=LSௐILOHௐ7KLVௐQH[WௐJHQHUDWLRQௐDSSOLFDWLRQௐZLOOௐJLYHௐPHPEHUVௐWKHௐSRZHUௐWRௐVHOHFWௐXSILWWHUVௐ
WKH\ௐZRXOGௐOLNHௐ1$)*ௐWRௐSDUWQHUௐZLWKௐLQௐSURYLGLQJௐVDWLVIDFWRU\ௐTXRWHVௐDQGௐVHUYLFHௐ:HௐVHHௐWUHPHQGRXVௐ
YDOXHௐLQௐEXLOGLQJௐRXWௐWKHVHௐPXWXDOO\ௐEHQHILFLDOௐSDUWQHUVKLSVௐVRௐZHௐFDQௐSURYLGHௐௐVDWLVIDFWRU\ௐ
WXUQNH\ௐVROXWLRQVௐWRௐWKHௐPHPEHUV
'HPRQVWUDWHௐ\RXUௐILQDQFLDOௐVWUHQJWKௐDQGௐVWDELOLW\ௐZLWKௐ
PHDQLQJIXOௐGDWDௐ7KLVௐFRXOGௐLQFOXGHௐVXFKௐLWHPVௐDVௐ
ILQDQFLDOௐVWDWHPHQWVௐ6(&ௐILOLQJVௐFUHGLWௐDQGௐERQGௐ
UDWLQJVௐOHWWHUVௐRIௐFUHGLWௐDQGௐGHWDLOHGௐUHIHUHQFHௐOHWWHUVௐ
8SORDGௐVXSSRUWLQJௐGRFXPHQWVௐ DVௐDSSOLFDEOH ௐLQௐWKHௐ
GRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH
7RௐGHPRQVWUDWHௐ1$)*¶VௐILQDQFLDOௐVWUHQJWKௐDQGௐVWDELOLW\ௐZHௐKDYHௐXSORDGHGௐ%DQNௐ&RPPLWPHQWௐOHWWHUVௐ
XQGHUௐWKHௐ)LQDQFLDOௐ6WUHQJWKௐ6HFWLRQௐRIௐWKHௐRQOLQHௐDSSOLFDWLRQௐ:HௐKDYHௐDௐGLUHFWௐOLQHௐRIௐFUHGLWௐRIௐ
ௐWKDWௐZHௐDUHௐFXUUHQWO\ௐXWLOL]LQJௐZLWKௐRXUௐFXUUHQWௐDQGௐSDVWௐ6RXUFHZHOOௐ&RQWUDFWVௐ+RZHYHUௐ
WKLVௐQXPEHUௐLVௐQRWௐFDSSHGௐDVௐZHௐKDYHௐWKHௐIUHHGRPௐWRௐH[WHQGௐWKHௐFDSௐWRௐDFFRPPRGDWHௐWKHௐUHYROYLQJௐ
QHHGVௐRIௐWKHௐPHPEHUVௐ
5HIHUHQFHGௐEHORZௐLVௐDௐVKRUWௐUHJLVWHUௐRIௐVRPHௐRIௐRXUௐPDUNHWௐVXFFHVVௐIURPௐDZDUGHGௐJRYHUQPHQWௐ
FRQWUDFWVௐWKDWௐHQFRPSDVVௐRYHUௐௐZRUWKௐRIௐSURGXFWVௐDQGௐJRRGVௐXQGHUௐRXUௐFXUUHQWௐ
6RXUFHZHOOௐ&RQWUDFWௐ
$ௐ&LW\ௐRIௐ6DQௐ'LHJRௐ&$ௐௐௐFRQWUDFWௐXQGHUௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ1$)
%ௐௐ&LW\ௐRIௐ6DQௐ'LHJRௐ&$ௐௐௐFRQWUDFWௐXQGHUௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ1$)
&ௐ*RYHUQPHQWௐ)OHHWௐ$UWLFOHௐ+LJKOLJKWLQJௐRXUௐWUDQVDFWLRQௐZLWKௐWKHௐ&LW\ௐRIௐ6DQௐ'LHJRௐ&$ௐSURFXULQJௐRYHUௐ
ௐ3ROLFHௐYHKLFOHVௐWKURXJKௐ1$)*ௐ6RXUFHZHOOௐ&RQWUDFWௐ1$)
'ௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ:RUOGௐ$LUSRUWVௐ&$ௐ&RQWUDFWௐIRUௐௐௐXQGHUௐ6RXUFHZHOOௐ&RQWUDFWௐ
1$)ௐIRUௐWKHௐSURFXUHPHQWௐRIௐௐYHKLFOHV
(ௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ+DUERUௐ&$ௐ&RQWUDFWௐ([WHQVLRQௐWRௐௐௐFRQWUDFWௐXQGHUௐ6RXUFHZHOOௐ
&RQWUDFWௐ1$)
)ௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ+DUERUௐ&$ௐ&RQWUDFWௐIRUௐௐXQGHUௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ1$)
*ௐ&LW\ௐRIௐ/RVௐ$QJHOHVௐ+DUERUௐ&$ௐ5HQHZDOௐIRUௐDQRWKHUௐௐௐXQGHUௐ6RXUFHZHOOௐ&RQWUDFWௐ&ODVVௐ
ௐௐDQGௐௐ&RQWUDFWௐ1$)
+ௐ&LW\ௐRIௐ&RVWDௐ0HVDௐ&$ௐ&RQWUDFWௐௐXQGHUௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ1$)
,ௐ%ODQNHWௐ&RQWUDFWVௐZLWKௐWKHௐ6WDWHௐRIௐ0DU\ODQGௐ0'ௐRIIௐRXUௐFXUUHQWௐ&ODVVௐௐௐDQGௐௐ&KDVVLVௐ&RQWUDFWௐ
1$)
-ௐ%ODQNHWௐ&RQWUDFWVௐZLWKௐWKHௐ6WDWHௐRIௐ0DU\ODQGௐ0'ௐRIIௐRXUௐ&XUUHQWௐ6RXUFHZHOOௐ&RQWUDFWௐ1$)
:HௐKDYHௐDOVRௐDWWDFKHGௐRXUௐ&RPPLWPHQWௐ/HWWHU¶VௐIRUௐXQSDUDOOHOௐVXSSRUWௐIURPௐOHDGLQJௐQDWLRQDOO\ௐ
UHFRJQL]HGௐXSILWௐVXSSOLHUVௐVXFKௐ7KHௐ.QDSKHLGHௐ0DQXIDFWXULQJௐ&RPSDQ\ௐ$ORQJௐZLWKௐUHJLRQDOௐVXSSOLHUVௐ
VXFKௐDVௐ%UDQGௐ);ௐDQGௐ3KHQL[ௐ7UXFNௐ%RG\ௐORFDWHGௐLQௐ6RXWKHUQௐ&DOLIRUQLDௐVHUYHௐDVௐUHJLRQDOௐVXSSRUWௐ
ORFDWLRQVௐZKRPௐZHௐRIWHQௐZRUNௐDORQJVLGHௐWRௐIXOILOOௐDOOௐPHPEHUௐQHHGVௐZLWKௐSDVWௐSUHVHQWௐDQGௐIXWXUHௐ
RUGHUVௐZLWKௐ1$)*ௐ
,QFOXGHGௐDUHௐDOVRௐ8SILWWHUௐ5HFRPPHQGDWLRQௐOHWWHUVௐWRௐLOOXVWUDWHௐKRZௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKDVௐ
WDNHQௐDௐSURDFWLYHௐLQWHUHVWௐLQௐEXLOGLQJௐPXWXDOO\ௐEHQHILFLDOௐUHODWLRQVKLSௐZLWKௐRXUௐXSILWWHUVௐ0XWXDOLW\ௐDQGௐ
UHFLSURFLW\ௐUHODWLRQVKLSVௐEHWZHHQௐERG\ௐFRPSDQLHVௐDQGௐRXUௐGHDOHU¶VௐDUHௐWZRௐRIௐWKHௐNH\ௐFRPSRQHQWVௐ
WKDWௐKHOSௐPHPEHUVௐUHFHLYHௐZKDWௐWKH\ௐQHHGௐLQௐDௐVPRRWKௐDQGௐHIILFLHQWௐIDVKLRQௐ
,QௐDGGLWLRQௐWKHௐDGRSWLRQௐRIௐRXUௐ&ODVVௐௐௐDQGௐௐ&RQWUDFWௐIURPௐ$QQHௐ$UXQGHOௐ&RXQW\ௐLQௐWKHௐVWDWHௐRIௐ
0DU\ODQGௐLVௐDVௐDQௐH[DPSOHௐRIௐKRZௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐDWWUDFWVௐDQGௐUHWDLQVௐQHZௐFOLHQWVௐE\ௐ
GHPRQVWUDWLQJௐWRௐWKHPௐWKHUH¶VௐDௐEHWWHUௐDQGௐPRUHௐHIILFLHQWௐZD\ௐRIௐILQGLQJௐWXUQNH\ௐVROXWLRQV
/DVWO\ௐZHௐKDYHௐDWWDFKHGௐVXSSRUWLQJௐGRFXPHQWVௐWKDWௐKHOSௐHPSKDVL]HௐDQGௐH[HPSOLI\ௐRXUௐJURZWKௐVLQFHௐ
RXUௐILUVWௐDZDUGHGௐ6RXUFHZHOOௐ&RQWUDFWௐLQௐௐ:HௐVLQFHUHO\ௐKRSHௐLWௐKHOSVௐSRUWUD\ௐRXUௐFRPPLWPHQWௐWRௐ
EXLOGLQJௐOLIHORQJௐUDSSRUWௐDQGௐWUXVWௐZLWKௐRXUௐSDUWQHUௐXSILWWHUVௐDQGௐPHPEHUV
:KDWௐLVௐ\RXUௐ86ௐPDUNHWௐVKDUHௐIRUௐWKHௐVROXWLRQVௐWKDWௐ
\RXௐDUHௐSURSRVLQJ"
ௐ2IௐRXUௐUHVSHFWLYHௐEUDQGVௐDQGௐ2(0¶VௐZHௐUHSUHVHQWௐWKHௐ86ௐPDUNHWௐVKDUHௐLVௐHVWLPDWHGௐWRௐEHௐௐ±ௐ
:KDWௐLVௐ\RXUௐ&DQDGLDQௐPDUNHWௐVKDUHௐIRUௐWKHௐVROXWLRQVௐ
WKDWௐ\RXௐDUHௐSURSRVLQJ"
,WௐLVௐGLIILFXOWௐWRௐHVWLPDWHௐWKHௐPDUNHWௐVKDUHௐIRUௐWKHௐEUDQGVௐDQGௐ2(0¶VௐZHௐUHSUHVHQWௐKRZHYHUௐZHௐ
HVWLPDWHௐWKDWௐLWௐVKRXOGௐEHௐWKHௐVDPHௐௐௐௐRIௐWKHௐ86ௐVKDUH
+DVௐ\RXUௐEXVLQHVVௐHYHUௐSHWLWLRQHGௐIRUௐEDQNUXSWF\ௐ
SURWHFWLRQ"ௐ,IௐVRௐH[SODLQௐLQௐGHWDLO
1R
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
31
+RZௐLVௐ\RXUௐRUJDQL]DWLRQௐEHVWௐGHVFULEHG ௐLVௐLWௐDௐ
PDQXIDFWXUHUௐDௐGLVWULEXWRUGHDOHUUHVHOOHUௐRUௐDௐVHUYLFHௐ
SURYLGHU"ௐௐ$QVZHUௐZKLFKHYHUௐTXHVWLRQௐ HLWKHUௐD ௐRUௐE ௐ
MXVWௐEHORZ ௐEHVWௐDSSOLHVௐWRௐ\RXUௐRUJDQL]DWLRQ
D ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐ
GLVWULEXWRUGHDOHUUHVHOOHUௐ RUௐVLPLODUௐHQWLW\ ௐSURYLGHௐ\RXUௐ
ZULWWHQௐDXWKRUL]DWLRQௐWRௐDFWௐDVௐDௐ
GLVWULEXWRUGHDOHUUHVHOOHUௐIRUௐWKHௐPDQXIDFWXUHUௐRIௐWKHௐ
SURGXFWVௐSURSRVHGௐLQௐWKLVௐ5)3ௐ,IௐDSSOLFDEOHௐLVௐ\RXUௐ
GHDOHUௐQHWZRUNௐLQGHSHQGHQWௐRUௐFRPSDQ\ௐRZQHG"
E ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐ
PDQXIDFWXUHUௐRUௐVHUYLFHௐSURYLGHUௐGHVFULEHௐ\RXUௐ
UHODWLRQVKLSௐZLWKௐ\RXUௐVDOHVௐDQGௐVHUYLFHௐIRUFHௐDQGௐZLWKௐ
\RXUௐGHDOHUௐQHWZRUNௐLQௐGHOLYHULQJௐWKHௐSURGXFWVௐDQGௐ
VHUYLFHVௐSURSRVHGௐLQௐWKLVௐ5)3ௐ$UHௐWKHVHௐLQGLYLGXDOVௐ
\RXUௐHPSOR\HHVௐRUௐWKHௐHPSOR\HHVௐRIௐDௐWKLUGௐSDUW\"
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐLVௐDௐGHDOHUௐQHWZRUNௐEHVWௐFDWHJRUL]HGௐDVௐ³$´ௐௐ'LVWULEXWHU'HDOHU5HVHOOHUௐ
DQGௐ'HDOHUௐ3DUWQHUௐIRUௐ ௐ2(0ௐ0DQXIDFWXUHUVௐLQFOXGLQJௐ)RUGௐ0RWRUௐ&RPSDQ\ௐ&KHYUROHWௐ5$0ௐ
*0&ௐ%XLFNௐ&KU\VOHUௐ'RGJHௐ-HHSௐ7R\RWDௐ1LVVDQௐ.,$ௐ%0:ௐ+RQGDௐ&DGLOODFௐDQGௐ9RONVZDJHQௐ$OOௐ
RUGHUVௐDUHௐSODFHGௐZLWKௐWKHௐIUDQFKLVHGௐGHDOHUௐDQGௐXOWLPDWHO\ௐWLWOHGௐGLUHFWO\ௐWRௐWKHௐPHPEHUௐ$OOௐ
DSSURSULDWHௐFHUWLILFDWLRQௐFHUWLILFDWHVௐDQGௐDXWKRUL]HGௐ'09)DFWRU\ௐOLFHQVHVௐPD\ௐEHௐIRXQGௐLQௐWKHௐ³5HODWHGௐ
&HUWLILFDWLRQ´ௐVHFWLRQௐXSORDGHGௐWRௐWKLVௐ5)3ௐ,WௐVKRXOGௐEHௐQRWHGௐZHௐGRௐQRWௐVHOOௐXVHGௐHTXLSPHQWௐWRௐ
PHPEHUV
,IௐDSSOLFDEOHௐSURYLGHௐDௐGHWDLOHGௐH[SODQDWLRQௐRXWOLQLQJௐ
WKHௐOLFHQVHVௐDQGௐFHUWLILFDWLRQVௐWKDWௐDUHௐERWKௐUHTXLUHGௐWRௐ
EHௐKHOGௐDQGௐDFWXDOO\ௐKHOGௐE\ௐ\RXUௐRUJDQL]DWLRQௐ
LQFOXGLQJௐWKLUGௐSDUWLHVௐDQGௐVXEFRQWUDFWRUVௐWKDWௐ\RXௐXVH ௐ
LQௐSXUVXLWௐRIௐWKHௐEXVLQHVVௐFRQWHPSODWHGௐE\ௐWKLVௐ5)3
5HTXLUHGௐOLFHQVHVௐLQFOXGHௐDௐ'HDOHU¶Vௐ/LFHQVHௐDௐ)UDQFKLVHௐLVVXHGௐE\ௐWKHௐ0DQXIDFWXUHௐDௐ'HSDUWPHQWௐ
RIௐ0RWRUௐ9HKLFOHVௐ/LFHQVHௐDVௐZHOOௐDVௐDௐ5HVHOOHU¶VௐSHUPLWௐOLFHQVHௐ$OOௐZKLFKௐ1$)*ௐDQGௐ'HDOHUௐ
3DUWQHU¶VௐKROGௐ3OHDVHௐUHYLHZௐRXUௐDWWDFKPHQWௐGRFXPHQWVௐLQௐVHFWLRQௐ³5HODWHGௐ&HUWLILFDWLRQ´ௐIRUௐOLFHQVHVௐ
WKDWௐZHௐHLWKHUௐVROHO\ௐRZQௐRUௐDUHௐMRLQWO\ௐRZQHGௐE\ௐRXUௐSDUWQHUௐGHDOHUVௐWKDWௐSHUWDLQௐWRௐWKLVௐ5)3ௐ$ௐOLVWௐRIௐ
DOOௐRXUௐOLFHQVHVௐDUHௐEHORZௐVRPHௐRIௐZKLFKௐPD\ௐQRWௐSHUWDLQௐWRௐFODVVௐௐEXWௐWRௐFODVVௐௐ
&$ௐ&HUWLILFDWHௐRIௐ*RRGௐ6WDQGLQJௐ
6WDWHௐRIௐ)ORULGDௐ/LFHQVHௐ&HUWLILFDWHV ௐ
9)
9)
9)
9)
9)
9)
9)
9)
9)
9)
9)
&$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐ
&$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐ
'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐ1XPEHUௐ
'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐ1XPEHUௐ
'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐ1XPEHUௐ
%XUHDXௐRIௐ$XWRPRWLYHௐUHSDLUௐ5HJLVWUDWLRQௐௐ$5' ௐ
&$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐ
&LW\ௐRIௐ:DWVRQYLOOHௐ%XVLQHVVௐ/LFHQVHௐ1XPEHUௐ
&LW\ௐRIௐ:DWVRQYLOOHௐ%XVLQHVVௐ/LFHQVHௐ1XPEHUௐ
)LFWLWLRXVௐ%XVLQHVVௐ1DPHVௐIURPௐ6DQWDௐ&UX]ௐ&RXQW\ௐIRUௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐ)%1 ௐ
&DOLIRUQLDௐ*HQHUDOௐ5HVDOHௐ&HUWLILFDWHௐ
'XQௐ ௐ%UDGVWUHHWௐ1XPEHU ௐ
*RYHUQPHQWௐRIௐ7KHௐ'LVWULFWௐRIௐ&ROXPELDௐ&HUWLILFDWH
*RYHUQPHQWௐRIௐWKHௐ'LVWULFWௐRIௐ&ROXPELDௐ7D[ௐ5HJLVWUDWLRQௐௐ
&LW\ௐRIௐ/RVௐ$QJHOHVௐ7D[ௐ5HJLVWUDWLRQௐ
*RYHUQPHQWௐRIௐ7KHௐ'LVWULFWௐRIௐ&ROXPELDௐ&/($1ௐ+$1'6ௐ&(57,),&$7,21
6DQௐ'LHJRௐ)UHLJKWOLQHUௐ6HOOHU¶Vௐ3HUPLW
&RPPRQZHDOWKௐRIௐ9LUJLQLDௐ6WDWHௐ&RUSRUDWLRQௐ&RPPLVVLRQௐ&HUWLILFDWHௐ
6WDWHௐRIௐ0DU\ODQGௐ*RRGௐ6WDQGLQJௐ&HUWLILFDWHௐ
.DQVDVௐ'HSDUWPHQWௐRIௐ5HYHQXHௐIRUௐ.DQVDVௐ&LW\ௐ3HWHUELOW
1HZௐ-HUVH\ௐ'HSDUWPHQWௐRIௐ7UHDVXU\ௐ5HJLVWUDWLRQௐ&HUWLILFDWH
1HZௐ-HUVH\ௐ%XVLQHVVௐ5HJLVWUDWLRQௐ
1RWLFHௐRIௐ&RPSOLDQFHௐRIௐWKHௐ&DQWRQௐ&LW\ௐ&RGLILHGௐ2UGLQDQFHௐ
(PSOR\HHௐ,QIRUPDWLRQௐ5HSRUWௐIRUௐWKHௐ6WDWHௐRIௐ1HZௐ-HUVH\ௐ
6WDWHௐRIௐ0DU\ODQGௐ1HZௐ6DOHVௐDQGௐ8VHௐWD[ௐ/LFHQVHௐ
&$ௐ6WDWHௐ6HOOHU¶Vௐ3HUPLWௐ ௐ
6RXWKௐ&DUROLQDௐ'HSDUWPHQWௐRIௐ0RWRUௐ9HKLFOHVௐ/LFHQVHௐ1XPEHUௐ
6WDWHௐRIௐ6RXWKௐ&DUROLQDௐ5HWDLOௐ/LFHQVHௐ
&RPPRQZHDOWKௐRIௐ.HQWXFN\ௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐௐௐ
6WDWHௐRIௐ:HVWௐ9LUJLQLDௐ'HDOHUௐ/LFHQVHௐ
&RPPRQZHDOWKௐRIௐ.HQWXFN\ௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐௐௐ
6WDWHௐRIௐ7HQQHVVHHௐ9HKLFOHௐ'HDOHUௐ/LFHQVH
3URYLGHௐDOOௐ³6XVSHQVLRQௐRUௐ'HEDUPHQW´ௐLQIRUPDWLRQௐWKDWௐ
KDVௐDSSOLHGௐWRௐ\RXUௐRUJDQL]DWLRQௐGXULQJௐWKHௐSDVWௐWHQௐ
\HDUV
1RWௐ$SSOLFDEOHௐQRQH
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
32
7DEOH ,QGXVWU\5HFRJQLWLRQ 0DUNHWSODFH6XFFHVV
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
'HVFULEHௐDQ\ௐUHOHYDQWௐLQGXVWU\ௐDZDUGVௐRUௐUHFRJQLWLRQௐ
WKDWௐ\RXUௐFRPSDQ\ௐKDVௐUHFHLYHGௐLQௐWKHௐSDVWௐILYHௐ\HDUV
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS¶VௐUHFHLYHGௐLWVௐPRVWௐSUHVWLJLRXVௐDZDUGௐIRUௐ7RSௐ3ODFHPHQWௐZLWKLQௐ)RUGௐ0RWRUௐ
&RPSDQ\ௐDVௐWKHௐOHDGLQJௐGHDOHUVKLSௐLQௐ*RYHUQPHQWௐ6DOHVௐ,QௐDGGLWLRQௐRXUௐ&KHYUROHWௐEUDQGௐZDVௐKLJKO\ௐ
UDQNHGௐDQGௐKRQRUHGௐௐFRQVHFXWLYHௐ\HDUVௐE\ௐ*HQHUDOௐ0RWRUV
:KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐ
JRYHUQPHQWDOௐVHFWRUௐLQௐWKHௐSDVWௐWKUHHௐ\HDUV
:LWKLQௐRXUௐIOHHWௐGLYLVLRQௐ ௐRIௐRXUௐFRQWUDFWVௐZLWKLQௐWKHௐSDVWௐWKUHHௐ\HDUVௐKDYHௐEHHQௐZLWKௐJRYHUQPHQWௐ
DFFRXQWV
:KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐHGXFDWLRQௐ
VHFWRUௐLQௐWKHௐSDVWௐWKUHHௐ\HDUV
:LWKLQௐWKHௐSDVWௐௐ\HDUVௐ ௐRIௐRXUௐVDOHVௐKDYHௐEHHQௐWRௐJRYHUQPHQWௐDFFRXQWVௐௐRIௐZKLFKௐDUHௐ
ZLWKLQௐWKHௐHGXFDWLRQௐVHFWRU
/LVWௐDQ\ௐVWDWHௐSURYLQFLDOௐRUௐFRRSHUDWLYHௐSXUFKDVLQJௐ
FRQWUDFWVௐWKDWௐ\RXௐKROGௐ:KDWௐLVௐWKHௐDQQXDOௐVDOHVௐ
YROXPHௐIRUௐHDFKௐRIௐWKHVHௐFRQWUDFWVௐRYHUௐWKHௐSDVWௐWKUHHௐ
\HDUV"
:HௐKROGௐWKHௐ6WDWHௐRIௐ&DOLIRUQLDௐFRQWUDFWௐZLWKௐYROXPHVௐIURPௐௐWRௐௐXQLWVௐDௐ\HDUௐRYHUௐWKHௐSDVWௐ
WKUHHௐ\HDUVௐ,QௐDGGLWLRQௐRXUௐ6RXUFHZHOOௐ&RQWUDFW¶Vௐ ௐௐDQGௐௐWKDWௐZHௐKDYHௐ
PDLQWDLQHGௐRYHUௐWKHௐSDVWௐWKUHHௐ\HDUVௐKDVௐVROGௐFRPELQHGௐQRUWKௐRIௐௐPLOOLRQௐRIௐ&RPELQHGௐ4XDUWHUO\ௐ
6DOHV
/LVWௐDQ\ௐ*6$ௐFRQWUDFWVௐRUௐ6WDQGLQJௐ2IIHUVௐDQGௐ6XSSO\ௐ
$UUDQJHPHQWVௐ 626$ ௐWKDWௐ\RXௐKROGௐ:KDWௐLVௐWKHௐ
DQQXDOௐVDOHVௐYROXPHௐIRUௐHDFKௐRIௐWKHVHௐFRQWUDFWVௐRYHUௐ
WKHௐSDVWௐWKUHHௐ\HDUV"
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS¶VௐIRFXVௐOLHVௐRQௐWKHௐ6RXUFHZHOOௐ&RQWUDFWௐ1$)*ௐKROGVௐQRௐRWKHUௐ*6$ௐ
FRQWUDFWௐ6WDQGLQJௐ2IIHUVௐRUௐ6XSSO\ௐ$UUDQJHPHQWVௐRWKHUௐWKDQௐWKHௐ6WDWHௐRIௐ&DOLIRUQLDௐFRQWUDFWௐௐ2XUௐ
DQQXDOௐVDOHVௐYROXPHௐLVௐHVWLPDWHGௐWRௐEHௐQRUWKௐRIௐௐPLOOLRQ
7DEOH 5HIHUHQFHV7HVWLPRQLDOV
/LQH,WHP6XSSO\UHIHUHQFHLQIRUPDWLRQIURPWKUHHFXVWRPHUVZKRDUHHOLJLEOHWREH6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHV
(QWLW\1DPH
&RQWDFW1DPH
3KRQH1XPEHU
3RUWௐRIௐ/RVௐ$QJHOHVௐ&$ 0Uௐ'DYHௐ&RPHU
&RXQW\ௐRIௐ9HQWXUHௐ&$ 0Uௐ-RUJHௐ%QLOOD
&LW\ௐRIௐ$XVWLQௐ7; 0Uௐ0DWWௐ6DJHU
&RXQW\ௐRIௐ6DQௐ-RDTXLQௐ&$ 0Uௐ'DYLGௐ0\HUV
&LW\ௐRIௐ3DORௐ$OWRௐ&$ 0Vௐ'DQLWUDௐ%DKOPDQ
7DEOH 7RS)LYH*RYHUQPHQWRU(GXFDWLRQ&XVWRPHUV
/LQH,WHP3URYLGHDOLVWRI\RXUWRSILYHJRYHUQPHQWHGXFDWLRQRUQRQSURILWFXVWRPHUV HQWLW\QDPHLVRSWLRQDO LQFOXGLQJHQWLW\W\SHWKHVWDWHRUSURYLQFHWKH
HQWLW\LVORFDWHGLQVFRSHRIWKHSURMHFW V VL]HRIWUDQVDFWLRQ V DQGGROODUYROXPHVIURPWKHSDVWWKUHH\HDUV
(QWLW\1DPH (QWLW\7\SH
6WDWH3URYLQFH
6FRSHRI:RUN
6L]HRI7UDQVDFWLRQV
'ROODU9ROXPH3DVW7KUHH
<HDUV
&LW\ௐRIௐ$XVWLQ *RYHUQPHQW 7H[DV7; 3XUFKDVHU ௐ9HKLFOHVௐDWௐRQFHௐ9DQVௐ
DQGௐ689V
2YHUௐ0
/RVௐ$QJHOHVௐ
'HSDUWPHQWௐRIௐ
:DWHUௐDQGௐ3RZHU
*RYHUQPHQW &DOLIRUQLD&$ 3XUFKDVHU 2YHUௐௐ9HKLFOHVௐ9DQVௐDQGௐ
689V
2YHUௐ0
3RUWௐRIௐ/RVௐ
$QJHOHV
*RYHUQPHQW &DOLIRUQLD&$ 3XUFKDVHU 2YHUௐௐ7UXFNVௐ9DQVௐDQGௐ689V 2YHUௐ0
$QQHௐ$UXQGHOௐ
&RXQW\
*RYHUQPHQW 0DU\ODQG0' 3XUFKDVHU 2YHUௐௐ7UXFNVௐ9DQVௐDQGௐ689V 2YHUௐ0
&LW\ௐRIௐ6DQௐ'LHJR *RYHUQPHQW &DOLIRUQLD&$ 3XUFKDVHU 2YHUௐௐ7UXFNVௐ9DQVௐ689
2YHUௐ0
7DEOH $ELOLW\WR6HOODQG'HOLYHU6HUYLFH
'HVFULEH\RXUFRPSDQ\¶VFDSDELOLW\WRPHHWWKHQHHGVRI6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHVDFURVVWKH86DQG&DQDGDDVDSSOLFDEOH<RXUUHVSRQVHVKRXOGDGGUHVV
LQGHWDLODWOHDVWWKHIROORZLQJDUHDV ORFDWLRQVRI\RXUQHWZRUNRIVDOHVDQGVHUYLFHSURYLGHUVWKHQXPEHURIZRUNHUV IXOOWLPHHTXLYDOHQWV LQYROYHGLQHDFKVHFWRU
ZKHWKHUWKHVHZRUNHUVDUH\RXUGLUHFWHPSOR\HHV RUHPSOR\HHVRIDWKLUGSDUW\ DQGDQ\RYHUODSEHWZHHQWKHVDOHVDQGVHUYLFHIXQFWLRQV
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
6DOHVௐIRUFH 2XUௐVDOHVௐIRUFHௐFRQVLVWVௐRIௐGLUHFWௐDQGௐDQௐLQGLUHFWௐVDOHVௐIRUFHௐ2XUௐGLUHFWௐVDOHVௐIRUFHௐFRQVLVWVௐRIௐGLUHFWௐ
HPSOR\HHVௐDQGௐSDUWQHUௐGHDOHUVௐZKLFKௐH[FHHGVௐDQௐHPSOR\HHௐFRXQWௐRIௐௐSHUVRQQHOௐERWKௐIXOOௐWLPHௐDQGௐ
SDUWௐWLPHௐ0DQ\ௐRIௐRXUௐVDOHVௐIRUFHௐDUHௐVSUHDGௐDFURVVௐWKHௐ86ௐDQGௐZHௐOHYHUDJHௐRXUௐUHODWLRQVKLSVௐZLWKௐ
RXUௐODUJHUௐFODVVௐGHDOHUVKLSVௐWRௐVHUYLFHௐWKHௐPHPEHUVௐORZHUௐFODVVௐYHKLFOHௐQHHGVௐDVௐZHOOௐ$ௐFURVVௐVDOHVௐ
IRUFHௐ7KHVHௐLQGLYLGXDOVௐKHOSௐVXSSRUWௐRXUௐGHDOHUVKLSVௐDQGௐ1$)*ௐ)OHHWௐ'LYLVLRQௐGLUHFWO\ௐ2QௐWKHௐRWKHUௐ
KDQGௐRXUௐLQGLUHFWௐVDOHVௐIRUFHௐPDGHௐXSௐRIௐXSILWWHUVௐDQGௐSDUWQHUௐVXSSOLHUVௐFRQVLVWVௐRIௐRYHUௐௐSHUVRQQHOௐ
ZLWKௐRXUௐSDUWQHUௐQHWZRUNௐDQGௐVDOHVௐIRUFHௐJURZLQJௐDQQXDOO\ௐ
:LWKௐERWKௐGLUHFWௐDQGௐLQGLUHFWௐVDOHVௐIRUFHௐVWDIIௐZRUNLQJௐWRJHWKHUௐ1$)*ௐKDVௐEHHQௐDEOHௐWRௐVXFFHVVIXOO\ௐ
JURZௐPDLQWDLQௐDQGௐVHUYLFHௐWKHௐGHPDQGௐRIௐWKHௐPHPEHUVௐ$VௐWKHௐQXPEHUௐRIௐ\RXUௐPHPEHUVௐJURZௐZHௐZLOOௐ
FRQWLQXRXVO\ௐZHOFRPHௐPRUHௐVWDIIௐWRௐQRWௐRQO\ௐPHHWௐFXVWRPHUௐGHPDQGௐEXWௐDOVRௐWRௐH[FHHGௐFXVWRPHUௐ
H[SHFWDWLRQV
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
33
'HDOHUௐQHWZRUNௐRUௐRWKHUௐGLVWULEXWLRQௐPHWKRGV 2XUௐIUDQFKLVHௐQHWZRUNௐLQௐ&DQDGDௐDQGௐWKHௐ86ௐLVௐIRUWXQDWHO\ௐVHFRQGௐWRௐQRQHௐ2XUௐௐSURSRVHGௐ2(06ௐ
SUHYLRXVO\ௐPHQWLRQHGௐDOOௐRIௐZKLFKௐKDYHௐHVWDEOLVKHGௐDௐSUHVHQFHௐQDWLRQZLGHௐZLWKௐIDFWRU\ௐVWRUHVௐ
VWUDWHJLFDOO\ௐSODFHGௐZKHUHௐDOOௐPHPEHUVௐFDQௐUHFHLYHௐVHUYLFHௐDQGௐFRPSOHWHௐZDUUDQW\ௐUHSDLUVௐZLWKௐWKHLUௐ
UHVSHFWLYHௐSURGXFWV
ௐ6LPSOHௐSXWௐWKHௐ1RUWKௐ$PHULFDQௐDQGௐ&DQDGLDQௐDXWRPRELOHௐVXSSO\ௐFKDLQௐQHWZRUNௐLVௐRQHௐRIௐWKHௐEHVWௐLQௐ
WKHௐZRUOGௐ2IௐWKHௐௐEUDQGVௐZHௐUHSUHVHQWௐWKHௐ2(0VௐKDYHௐSXWௐLQௐSODFHௐDௐGHDOHUௐQHWZRUNௐDFURVVௐDOOௐௐ
VWDWHVௐWKDWௐZLOOௐDOORZௐXVௐWRௐEHVWௐVHUYHௐDOOௐPHPEHUV
6HUYLFHௐIRUFH 7KHௐௐPDQXIDFWXUHVௐZHௐUHSUHVHQWௐKDYHௐWKRXVDQGVௐRIௐVHUYLFHௐORFDWLRQVௐWKDWௐZRXOGௐEHௐHDVLO\ௐDFFHVVLEOHௐ
WRௐDOOௐ\RXUௐPHPEHUVௐ6HUYLFHௐFHQWHUVௐDQGௐZDUUDQW\ௐUHSDLUௐIDFLOLWLHVௐIRUௐDOOௐௐ2(0VௐDUHௐDPSOHௐDQGௐ
UHDG\ௐWRௐKHOSௐVHUYLFHௐRXUௐPHPEHUVௐDQGௐWKHLUௐQHHGVௐ+RZHYHUௐ$ODVNDௐDQGௐ+DZDLLௐPD\ௐEHௐH[FHSWLRQVௐ
DVௐWKH\ௐPD\ௐKDYHௐIDUWKHUௐGLVWDQFHVௐEHWZHHQௐIUDQFKLVHVௐZKHUHௐPHPEHUVௐFDQௐXWLOL]HௐWKHௐUHSDLUௐVHUYLFHV
'HVFULEHௐWKHௐRUGHULQJௐSURFHVVௐ,IௐRUGHUVௐZLOOௐEHௐ
KDQGOHGௐE\ௐGLVWULEXWRUVௐGHDOHUVௐRUௐRWKHUVௐH[SODLQௐWKHௐ
UHVSHFWLYHௐUROHVௐRIௐWKHௐ3URSRVHUௐDQGௐRWKHUV
7KHௐPHPEHUௐPD\ௐRUGHUௐWKHLUௐYHKLFOHVௐE\ௐQDYLJDWLQJௐWRௐRXUௐZHEVLWHௐZZZ1DWLRQDO$XWR)OHHW*URXSFRPௐ
DQGௐJRLQJௐWKURXJKௐWKHௐVWHSE\VWHSௐSURFHVVௐWRௐJHQHUDWHௐDQௐRQOLQHௐTXRWHௐRUௐE\ௐFDOOLQJௐRQHௐRIௐRXUௐ
UHSUHVHQWDWLYHVௐDWௐ ௐRUௐE\ௐVHQGLQJௐ1$)*ௐDQௐHPDLOௐDWௐ)OHHW#1DWLRQDO$XWR)OHHW*URXSFRPௐ
2UGHUVௐDUHௐWKHQௐSURFHVVHGௐGLUHFWO\ௐWRௐWKHௐPDQXIDFWXUHUௐZKRௐZLOOௐZRUNௐWRௐVXSSO\ௐWKHௐYHKLFOHௐWRௐWKHௐVKLS
WRௐORFDWLRQௐIRUௐXSILWWLQLJௐRUௐHQGௐXVHUௐGHVLUHGௐGHOLYHU\ௐORFDWLRQ
'HVFULEHௐLQௐGHWDLOௐWKHௐSURFHVVௐDQGௐSURFHGXUHௐRIௐ
\RXUௐFXVWRPHUௐVHUYLFHௐSURJUDPௐLIௐDSSOLFDEOHௐௐ
,QFOXGHௐ\RXUௐUHVSRQVHWLPHௐFDSDELOLWLHVௐDQGௐ
FRPPLWPHQWVௐDVௐZHOOௐDVௐDQ\ௐLQFHQWLYHVௐWKDWௐKHOSௐ
\RXUௐSURYLGHUVௐPHHWௐ\RXUௐVWDWHGௐVHUYLFHௐJRDOVௐRUௐ
SURPLVHV
7RௐEHVWௐGHPRQVWUDWHௐRXUௐ&XVWRPHUௐ6HUYLFHௐSURJUDPௐNLQGO\ௐUHIHUHQFHௐWKHௐ=,3ௐILOHௐ³0HPEHUௐ:DONௐ
7KURXJK´ௐWKDWௐLVௐDWWDFKHGௐLQௐWKHௐ$GGLWLRQDOௐ'RFXPHQWVௐIROGHUௐ3OHDVHௐEHJLQௐZLWKௐDQGௐUHYLHZௐLQௐRUGHUௐWKDWௐ
LVௐH[SODLQHGௐEHORZ ௐ
+RZௐ0HPEHUVௐ&DQௐ*HWௐ4XRWHVௐ2QOLQH ௐௐ$ௐPHPEHUௐFDQௐREWDLQௐPRVWௐTXRWHVௐE\ௐYLVLWLQJௐRXUௐZHEVLWHௐ
ZZZ1DWLRQDO$XWR)OHHW*URXSFRPௐZKHUHௐDௐVLPSOHௐRQHௐVWHSௐIRUPௐLVௐQHHGHGௐIRUௐUHJLVWUDWLRQௐ7KLVௐLVௐWRௐ
SURWHFWௐWKHௐSULFHௐLQIRUPDWLRQௐIURPௐQRQPHPEHUVௐ2QFHௐDௐPHPEHUௐUHJLVWHUVௐWKH\ௐZLOOௐUHFHLYHௐDQௐ
DXWRPDWHGௐZHOFRPHௐHPDLOௐZLWKௐDௐGHPRௐYLGHRௐRQௐKRZௐWRௐXVHௐRXUௐVLWHௐ0HPEHUVௐZLOOௐJDLQௐDFFHVVௐWRௐ
WKHUHௐYHU\ௐRZQௐGDVKERDUGௐZKLFKௐZLOOௐKRXVHௐDOOௐWKHUHௐTXRWHVௐLQௐRQHௐVDIHௐVHFXUHௐORJLQௐ0HPEHU¶VௐFDQௐ
VHOHFWௐZKLFKௐEUDQGௐWKH\ௐDUHௐORRNLQJௐIRUௐDQGௐPRGHOௐ\HDUௐ2XUௐVLWHௐVKRZVௐDOOௐWKHௐFDWHJRULHVௐWKHௐEUDQGௐ
RIIHUVௐVXFKௐDV ௐ&DUVௐ9DQVௐ689¶Vௐ7UXFNVௐDQGௐ&KDVVLVௐ&DEVௐ0HPEHUVௐZLOOௐWKHQௐEHௐDEOHௐWRௐGULOOௐGRZQௐ
IRUௐWKHௐULJKWௐVHOHFWLRQௐE\ௐSLFNLQJௐIURPௐWKHௐILOWHUௐPHQXௐRIௐZKDWௐFDEௐWKHUHௐORRNLQJௐIRUௐ 5HJXODUௐ([WHQGHGௐ
RUௐ&UHZ ௐWRௐௐZKHHOௐRUௐௐZKHHOௐGULYHௐGRZQௐWRௐWKHௐEHGௐOHQJWKௐWKHUHௐORRNLQJௐIRUௐௐ$OOௐIDFWRU\ௐRSWLRQVௐDUHௐ
WKHQௐSUHVHQWHGௐIRUௐWKHௐPHPEHUௐWRௐVHOHFWௐIURPௐWKLVௐZLOOௐVKRZௐDOOௐFXUUHQWௐIDFWRU\ௐRUGHUDEOHௐRSWLRQVௐWDNLQJௐ
WKHௐJXHVVௐZRUNௐRXWௐIRUௐWKHௐPHPEHUௐ2QFHௐDௐPHPEHUௐVHOHFWVௐDௐGHVLUHௐEXLOGௐWKH\ௐZLOOௐVHHௐWKHUHௐ
6RXUFHZHOOௐ3ULFHௐUHSRUWௐVKRZLQJௐWKHௐ0653ௐWKHUHௐFRQWUDFWௐSULFHௐWKHௐVDYLQJௐLQௐUHDOௐGROODUVௐDQGௐDVௐDௐ
SHUFHQWDJHௐ,QௐWKHௐ3')ௐH[DPSOHௐ\RXௐFDQௐVHHௐDௐVDYLQJௐRIௐௐ ௐRIௐௐWRௐWKHௐPHPEHUௐ
VKRZLQJௐDௐVLJQLILFDQWௐVDYLQJVௐ0HPEHUVௐWKHQௐFDQௐFKRVHௐWRௐDGGௐH[WUD¶VௐWRௐWKHUHௐRUGHUௐOLNHௐH[WUDௐNH\V¶ௐ
VHUYLFHௐPDQXDOVௐVDOHVௐWD[ௐDQGௐHYHQௐUHTXHVWௐDQௐXSILWௐWRௐEHௐDGGHGௐWRௐWKHUHௐTXRWHௐ/DVWO\ௐWKH\ௐZLOOௐEHௐ
JLYHQௐDௐFRPSOHWHௐWXUQௐNH\ௐTXRWHௐSDFNDJHௐWRௐSULQWௐZKLFKௐZLOOௐLQFOXGHௐWKHUHௐFXVWRPL]HGௐ4XRWHௐ,'ௐ
'HVFULSWLRQௐDQGௐ6SHFLILFDWLRQVௐRIௐZKDWௐWKH\ௐEXLOWௐௐௐ
+RZௐ0HPEHUVௐDQGௐ8SILWWHUVௐFDQௐ3DUWQHUௐZLWKௐ1$)* ௐ2XUௐGHGLFDWHGௐZHEVLWHௐZZZ1$)*3DUWQHUFRPௐZDVௐ
EXLOWௐWRௐDFFRPPRGDWHௐWKHௐPHPEHUௐZKRௐZRXOGௐOLNHௐDௐFHUWDLQௐXSILWWHUௐWRௐXSILWௐWKHUHௐYHKLFOHVௐ,WௐZDVௐDOVRௐ
EXLOWௐIRUௐXSILWWHUVௐWRௐKDYHௐDௐSODFHௐWRௐJRௐZKHUHௐWKH\ௐFDQௐILQGௐLQIRUPDWLRQௐRQௐKRZௐWRௐSDUWQHUௐZLWKௐ1$)*ௐ
WRௐEHWWHUௐVHUYHௐWKHUHௐORFDOௐPHPEHUVௐ
([DPSOHௐRIௐ$ௐ0HPEHUௐZLWKௐ8SILWௐ4XRWH ௐ7KLVௐLVௐDQௐH[DPSOHௐRIௐKRZௐZHௐXVHௐRXUௐ&DEௐ&KDVVLVௐDQGௐ
FRPELQHௐWKHPௐZLWKௐDQௐXSILWௐWRௐSURYLGHௐDௐWXUQNH\ௐVROXWLRQௐIRUௐWKHௐPHPEHUௐLQௐDௐVLPSOHௐWRௐIROORZௐIRUPDWௐ
(7$ௐ6\VWHPௐIRUௐ0HPEHUVௐ:DONௐ7KURXJK ௐ7KLVௐLVௐZKHUHௐPHPEHUVௐFDQௐHDVLO\ௐFRPHௐWRௐRXUௐZHEVLWHௐWKHௐ
VDPHௐZHEVLWHௐWKH\ௐEXLOWௐWKHUHௐFKDVVLVௐRQௐDQGௐWUDFNௐWKHUHௐRUGHUௐOLNHௐWKH\ௐZRXOGௐDௐ836ௐSDFNDJHௐ:Hௐ
KDYHௐDௐYHU\ௐVLPSOHௐGLVSOD\ௐRQௐRXUௐKRPHSDJHௐ³7UDFNௐ\RXUௐRUGHU´ௐZKHUHௐPHPEHUVௐFDQௐHQWHUௐRQHௐRIௐWKHௐ
IROORZLQJ ௐ3XUFKDVHௐ2UGHUௐ1XPEHUௐ4XRWHௐ,'ௐ8SILWௐ4XRWHௐ,'ௐRUௐYLQௐWRௐHDVLO\ௐVHHௐWKHUHௐLQௐWKHௐSURFHVVௐ
WKHUHௐSDUWLFXODUௐRUGHUௐLVௐLQௐ
&RXUWHV\ௐ&RQILUPDWLRQௐ([SODLQHG ௐ$IWHUௐ1$)*ௐUHFHLYHVௐDQௐRUGHUௐIURPௐDௐ0HPEHUௐZHௐDOZD\VௐOLNHௐWRௐ
VHQGௐWKHPௐDௐ&RXUWHV\ௐ&RQILUPDWLRQௐ7KLVௐLVௐZHUHௐWKHௐPHPEHUௐZLOOௐGRXEOHௐFKHFNௐVRPHௐSDUWLFXODUVௐRQௐ
WKHUHௐRUGHUௐOLNHௐ&RORUௐ4XDQWLW\ௐ8SILWௐDQGௐ6SHFLILFDWLRQ¶VௐDUHௐDOOௐFRUUHFWௐEHIRUHௐRUGHUௐSODFHPHQWௐௐ:Hௐ
DOVRௐOLNHௐWRௐDVNௐIRUௐWLWOHௐLQIRUPDWLRQௐDWௐWKLVௐSRLQWௐVRௐZHௐFDQௐKHOSௐSURFHVVௐWKHௐSDSHUZRUNௐDWௐGHOLYHU\ௐ
SURPSWO\
ௐௐ)DFWRU\ௐ2UGHUௐ&XWௐ2IIௐ1RWLFHV ௐ+HUHௐLVௐZHUHௐZHௐOLNHௐWRௐKLJKOLJKWௐZHUHௐPHPEHUVௐFDQௐDFFHVVௐDQ\ௐ
XSFRPLQJௐIDFWRU\ௐRUGHUௐFXWௐRIIௐGDWHVௐ:HௐZDONௐWKHPௐWKURXJKௐWKHௐSURFHVVௐVWHSௐE\ௐVWHSௐWRௐHQVXUHௐ
HYHU\RQHௐNQRZVௐWKHௐXSFRPLQJௐRUGHUௐFXWௐRIIௐGDWHௐZHௐHYHQௐSULQWௐWKLVௐLQIRUPDWLRQௐ LIௐNQRZQௐDWௐWKHௐWLPH ௐ
ULJKWௐRQௐWKHௐFRYHUௐSDJHௐRIௐWKHUHௐTXRWHVௐ
9DOLGDWLRQௐ:DONௐ7KURXJKௐ([DPSOH ௐ7RௐGHPRQVWUDWHௐDௐSULFHௐYDOLGDWLRQௐZHௐVKRZௐZKDWௐDௐPHPEHUௐZRXOGௐ
VHHௐZKHQௐWKH\ௐEXLOGௐDௐWUXFNௐRQௐRXUௐVLWHௐ$WௐFKHFNௐRXWௐWKHௐPHPEHUௐZRXOGௐVHHௐWKHௐ7RWDOௐ&RQILJXUHGௐ
0653ௐRIௐௐௐ$ௐ6RXUFHZHOOௐ3ULFHௐRIௐௐௐ7RWDOௐ6DYLQJௐRIௐௐ ௐRUௐௐIRUௐ
Dௐௐ)ௐIROORZHGௐE\ௐWKHௐSULFLQJௐSDJHௐZKLFKௐVKRZVௐWKHௐ0LQLPXPௐ'LVFRXQWௐRIௐDWௐOHDVWௐௐ$Vௐ
\RXௐVHHௐZHௐSURYLGHGௐDQௐDGGLWLRQDOௐௐGLVFRXQWௐRQௐWRSௐRIௐWKHௐௐFRQWUDFWௐGLVFRXQWௐ7KLVௐZRXOGௐEHௐ
WKHௐFDVHௐLQௐPRVWௐLQVWDQFHV
'HVFULEHௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐSURYLGHௐ\RXUௐ
SURGXFWVௐDQGௐVHUYLFHVௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐ
HQWLWLHVௐLQௐWKHௐ8QLWHGௐ6WDWHV
2XUௐZLOOLQJQHVVௐDQGௐDELOLW\ௐWRௐVHUYLFHௐPHPEHUVௐQDWLRQZLGHௐLVௐXQSDUDOOHOHGௐ:HௐKDYHௐGHGLFDWHGௐVWDIIௐௐ
GD\VௐDௐZHHNௐIURPௐDPௐWRௐSPௐVWDQGLQJௐE\ௐUHDG\ௐWRௐDVVLVWௐDQ\ௐPHPEHUௐKHOSௐILQGௐWKHௐEHVWௐVROXWLRQௐIRUௐ
WKHUHௐQHHGVௐHYHQௐLIௐKHOSLQJௐDVVLVWௐWKHPௐWRௐWKHௐEHVWௐ6RXUFHZHOOௐ&RQWUDFWௐWKDWௐFRXOGௐEHௐDௐVROXWLRQௐ:Hௐ
KDYHௐDௐGHGLFDWHGௐOLYHௐFKDWௐIHDWXUHௐRQௐRXUௐRQOLQHௐTXRWHௐJHQHUDWLQJௐZHEVLWHௐLQௐFDVHௐDQ\ௐPHPEHUௐKDVௐ
DQ\ௐWURXEOHௐDWௐDOOௐLQௐEXLOGLQJௐWKHUHௐTXRWHVௐ1$)*ௐKDVௐHVWDEOLVKHGௐDௐFKDLQௐRIௐVXSSOLHUVௐZKRௐDUHௐDWௐWKHௐ
UHDG\ௐWRௐVHUYHௐLIௐFDOOHGௐXSRQௐE\ௐDQ\ௐPHPEHUௐ:HௐDUHௐKHUHௐWRௐKHOS
'HVFULEHௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐSURYLGHௐ\RXUௐ
SURGXFWVௐDQGௐVHUYLFHVௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐ
HQWLWLHVௐLQௐ&DQDGD
:HௐDUHௐZLOOLQJௐDQGௐHDJHUௐWRௐVRRQௐH[WHQGௐRXUௐEXVLQHVVௐPRGHOௐDQGௐQHWZRUNௐLQWRௐ&DQDGDௐ:HௐEHOLHYHௐ
SDUWQHULQJௐZLWKௐORFDOௐ&DQDGLDQௐEDVHGௐGHDOHUௐJURXSVௐLVௐNH\ௐWRௐVXFFHVVௐLQௐWKHௐ&DQDGLDQௐPDUNHWௐ1$)*¶Vௐ
FRPSHWLWLYHௐSULFLQJௐDVௐZHOOௐDVௐDௐVLPSOHௐ86ௐ'ROODUௐWRௐ&DQDGLDQௐFRQYHUVDWLRQௐZLOOௐKHOSௐ1$)*ௐH[SDQGௐ
LQWRௐWKHௐ&DQDGLDQௐPDUNHWௐIRUௐSDUWLFLSDWLQJௐ6RXUFHZHOOௐPHPEHUV
,GHQWLI\ௐDQ\ௐJHRJUDSKLFௐDUHDVௐRIௐWKHௐ8QLWHGௐ6WDWHVௐ
RUௐ&DQDGDௐWKDWௐ\RXௐZLOOௐ127ௐEHௐIXOO\ௐVHUYLQJௐWKURXJKௐ
WKHௐSURSRVHGௐFRQWUDFW
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZLOOௐKDQGOHௐVHUYLFLQJௐௐRIௐDOOௐJHRJUDSKLFௐDUHDVௐORFDWHGௐLQௐWKHௐ8QLWHGௐ
6WDWHVௐௐ$OWKRXJKௐLWௐLVௐXQFOHDUௐZKDWௐXQVHHQௐREVWDFOHVௐZHௐPD\ௐIDFHௐLQௐ&DQDGDௐ1$)*ௐLVௐFRPPLWWHGௐWRௐ
EXLOGLQJௐWKHௐVDPHௐPRGHOௐWRௐVHUYLFHௐ&DQDGDௐDQGௐSURYLGLQJௐWKHௐVDPHௐOHYHOௐRIௐFXVWRPHUௐVDWLVIDFWLRQௐ
VHUYLFHௐDQGௐFDUHௐDVௐLQௐWKHௐ8QLWHGௐ6WDWHV
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
34
,GHQWLI\ௐDQ\ௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLW\ௐVHFWRUVௐ
LHௐJRYHUQPHQWௐHGXFDWLRQௐQRWIRUSURILW ௐWKDWௐ\RXௐ
ZLOOௐ127ௐEHௐIXOO\ௐVHUYLQJௐWKURXJKௐWKHௐSURSRVHGௐ
FRQWUDFWௐ([SODLQௐLQௐGHWDLOௐ)RUௐH[DPSOHௐGRHVௐ\RXUௐ
FRPSDQ\ௐKDYHௐRQO\ௐDௐUHJLRQDOௐSUHVHQFHௐRUௐGRௐRWKHUௐ
FRRSHUDWLYHௐSXUFKDVLQJௐFRQWUDFWVௐOLPLWௐ\RXUௐDELOLW\ௐWRௐ
SURPRWHௐDQRWKHUௐFRQWUDFW"
1$)*ௐZLOOௐFRQWLQXHௐWRௐVHUYLFHௐDOOௐ6RXUFHZHOOௐ0HPEHUVௐWKURXJKௐRXUௐௐKRXUௐDௐGD\ௐௐGD\VௐDௐZHHNௐ
RQOLQHௐSRUWDOௐZLWKௐWKHௐH[FOXVLRQௐRIௐ1RQ3URILWVௐ8QIRUWXQDWHO\ௐ1RQ3URILWVௐDUHௐRIWHQௐQRWௐHOLJLEOHௐIRUௐWKHௐ
VDPHௐGLVFRXQW¶VௐJRYHUQPHQWௐHQWLWLHVௐDUHௐTXDOLILHGௐIRUௐ+RZHYHUௐ1RQ3URILWVௐDUHௐVXEMHFWௐWRௐDௐGLIIHUHQWௐ
SULFLQJௐSURJUDPௐDQGௐZLOOௐEHௐHYDOXDWHGௐRQௐDௐFDVHௐWRௐFDVHௐEDVLV
'HILQHௐDQ\ௐVSHFLILFௐFRQWUDFWௐUHTXLUHPHQWVௐRUௐ
UHVWULFWLRQVௐWKDWௐZRXOGௐDSSO\ௐWRௐRXUௐSDUWLFLSDWLQJௐ
HQWLWLHVௐLQௐ+DZDLLௐDQGௐ$ODVNDௐDQGௐLQௐ86ௐ7HUULWRULHV
7KHௐRQO\ௐSRVVLEOHௐORJLVWLFDOௐFRQVWUDLQWVௐZHௐPD\ௐIDFHௐLVௐWKHௐVKLSSLQJௐFRQVWUDLQWVௐIRUௐVKLSPHQWVௐDUULYLQJௐLQௐ
$ODVNDௐ+DZDLLௐDQGௐ86ௐ7HUULWRULHVௐ)RUௐH[DPSOHௐZHௐRIWHQௐSURYLGHௐPHPEHUVௐLQௐ$ODVNDௐRUௐ+DZDLLௐZLWKௐ
YHKLFOHVௐWKDWௐRIWHQௐKDYHௐXSILWVௐ7RௐFLUFXPYHQWௐWKLVௐSRWHQWLDOௐLVVXHௐPHPEHUVௐDOORZௐXVௐWRௐDGGௐWKHVHௐH[WUDௐ
VKLSSLQJௐDQGௐSRUWௐFRVWVௐWRௐWKHLUௐTXRWHV
7DEOH 0DUNHWLQJ3ODQ
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
'HVFULEHௐ\RXUௐPDUNHWLQJௐVWUDWHJ\ௐIRUௐSURPRWLQJௐ
WKLVௐFRQWUDFWௐRSSRUWXQLW\ௐௐ8SORDGௐ
UHSUHVHQWDWLYHௐVDPSOHVௐRIௐ\RXUௐPDUNHWLQJௐ
PDWHULDOVௐ LIௐDSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐ
XSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐHQFRPSDVVHVௐDௐYDULHW\ௐRIௐPDUNHWLQJௐVWUDWHJLHVௐWRௐSURPRWHௐRXUௐSURGXFWVௐDQGௐ
VHUYLFHVௐWRௐVWUHDPOLQHௐWKHௐYHKLFOHௐSXUFKDVLQJௐSURFHVVௐIRUௐJRYHUQPHQWௐHQWLWLHVௐௐௐ%HORZௐDUHௐDௐIHZௐVWUDWHJLHVௐ
XVHGௐWRௐVHUYHௐDVௐWKHௐJDWHZD\ௐEHWZHHQௐRXUௐEXVLQHVVௐDQGௐSXEOLFௐDJHQFLHVௐௐ
:HEVLWHௐDQGௐ,QERXQGௐ0DUNHWLQJ ௐௐ7KHௐFUHDWLRQௐRIௐDௐSURIHVVLRQDOௐFXVWRPHUIRFXVHGௐZHEVLWHௐLVௐRQHௐRIௐRXUௐPDLQௐ
IHDWXUHVௐWRௐPDUNHWௐRXUௐSURGXFWVௐDQGௐVHUYLFHVௐ7KHௐ1$)*ௐZHEVLWHௐHQFRXUDJHVௐRXUௐPHPEHUVௐWRௐLQWHUDFWௐDQGௐ
EURZVHௐWKURXJKௐSURGXFWVௐRIIHUHGௐDORQJௐZLWKௐSULFLQJௐDQGௐLQIRUPDWLRQௐDERXWௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐ,QERXQGௐ
PDUNHWLQJௐLVௐFUHDWHGௐZKHQௐSRWHQWLDOௐPHPEHUVௐDUHௐGLUHFWHGௐWRௐWKHௐFRPSDQ\ௐZHEVLWHௐௐ:LWKௐWKLVௐPHWKRGௐZHௐ
DUHௐDEOHௐWRௐQRWௐRQO\ௐFRQQHFWௐZLWKௐPHPEHUVௐEXWௐWRௐSXWௐWKHௐSXUFKDVLQJௐDELOLW\ௐLQWRௐWKHௐKDQGVௐRIௐHDFKௐPHPEHUௐௐ
2XUௐLQERXQGௐPDUNHWLQJௐVWUDWHJ\ௐDWWUDFWVௐPHPEHUVௐE\ௐFUHDWLQJௐYDOXDEOHௐFRQWHQWௐDQGௐH[SHULHQFHVௐWDLORUHGௐWRௐWKHௐ
QHHGVௐRIௐHDFKௐLQGLYLGXDOௐ([DPSOHVௐLQFOXGHௐHPDLOௐFDPSDLJQௐIO\HUVௐRQௐRXUௐSURGXFWVௐLQIRUPDWLYHௐDQGௐKRZWRௐ
YLGHRVௐVRFLDOௐPHGLDௐDQGௐHQJDJLQJௐPHPEHUVௐZLWKௐWRSQRWFKHGௐFXVWRPHUௐVHUYLFHௐWRௐEXLOGௐEUDQGௐDZDUHQHVVௐ
(PDLOௐ0DUNHWLQJ ௐ2QHௐRIௐWKHௐPDLQௐVWUDWHJLHVௐXVHGௐWRௐHQJDJHௐFXUUHQWௐDQGௐSRWHQWLDOௐPHPEHUVௐLVௐ(PDLOௐ
0DUNHWLQJௐ2XUௐHPDLOVௐLQFOXGHௐGLIIHUHQWௐW\SHVௐRIௐIO\HUVௐWKDWௐFRQVLVWௐRIௐLQIRUPDWLRQௐRIௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐ
SURPRWLQJௐPDQXIDFWXUHUௐEUDQGVௐKROLGD\ௐWKHPHGௐIO\HUVௐGLVFRXQWVௐRIIHUHGௐWRௐILUVWௐWLPHௐEX\HUVௐLPSRUWDQWௐFXWRIIௐ
GDWHௐUHPLQGHUVௐDQGௐXSFRPLQJௐSURGXFWVௐDQGௐHYHQWVௐௐ
7KHௐXVHௐRIௐPDUNHWLQJௐFDPSDLJQVௐSOD\VௐDௐPDMRUௐUROHௐLQௐHQKDQFLQJௐWKHௐJURZWKௐRIௐRXUௐFOLHQWௐGDWDEDVHௐௐ(PDLOVௐ
DUHௐDௐELJௐSDUWௐRIௐRXUௐGDLO\ௐOLYHVௐGXHௐWRௐJRYHUQPHQWௐDJHQF\ௐHPSOR\HHVௐXWLOL]LQJௐHPDLOVௐDVௐWKHLUௐPDLQௐVRXUFHௐRIௐ
FRPPXQLFDWLRQௐௐ:HௐXVHௐFDPSDLJQHUFRPௐDVௐWKHௐHPDLOLQJௐSODWIRUPௐWRௐUHDFKௐRXUௐWDUJHWௐPHPEHUVௐௐ9LGHRVௐDQGௐ
GHVFULSWLYHௐLPDJHVௐDUHௐXVHGௐRQௐDOOௐIO\HUVௐDQGௐDUHௐFRPSDWLEOHௐZLWKௐDௐGHVNWRSௐRUௐPRELOHௐGHYLFHௐௐ0HVVDJHVௐ
DUHௐVKRUWௐDQGௐWRௐWKHௐSRLQWௐZLWKௐOLQNVௐOHDGLQJௐWRௐWKHௐ6RXUFHZHOOௐDQGௐ1$)*ௐKRPHSDJHௐௐ7KHௐ&DPSDLJQHUௐHPDLOௐ
V\VWHPௐDOORZVௐWKHௐDELOLW\ௐWRௐWUDFNௐHPDLOௐDFWLYLW\ௐEDVHGௐRQௐRSHQௐUDWHௐXQVXEVFULEHVௐDQGௐOLQNௐFOLFNVௐZKLFKௐLVௐ
EHQHILFLDOௐWRௐXQGHUVWDQGLQJௐHPDLOௐHIIHFWLYHQHVVௐௐ
2QFHௐSRWHQWLDOௐPHPEHUVௐDUHௐGLUHFWHGௐWRௐRXUௐZHEVLWHௐWKH\ௐDUHௐZHOFRPHGௐZLWKௐDௐZLGHௐUDQJHௐRIௐRSWLRQVௐWRௐ
H[SORUHௐDQௐDUUD\ௐRIௐRXUௐSURGXFWVௐDQGௐVHUYLFHVௐ7KH\ௐDUHௐDEOHௐWRௐUHJLVWHUௐWRௐEHFRPHௐDௐPHPEHUௐYLHZௐSULFLQJௐ
H[SORUHௐDYDLODEOHௐLQVWRFNௐYHKLFOHVௐYLHZௐKRZWRYLGHRVௐEXLOGௐDௐYHKLFOHௐRQOLQHௐWRௐUHTXHVWௐDQௐLPPHGLDWHௐTXRWHௐ
RUௐXVHௐRXUௐOLYHௐFKDWௐDVVLVWDQWௐRUௐFDOOHPDLOௐIRUௐOLYHௐVXSSRUWௐௐ
)DFHௐWRௐ)DFHௐ0DUNHWLQJௐ6WUDWHJLHV ௐௐ7KLVௐVWUDWHJ\ௐKDVௐSURYHQௐWRௐEHௐVXFFHVVIXOௐLQௐJHQHUDWLQJௐOHDGVௐDQGௐ
FUHDWLQJௐODVWLQJௐUHODWLRQVKLSVௐE\ௐGHYHORSLQJௐJHQXLQHௐFRQQHFWLRQVௐZLWKௐSURVSHFWLYHௐPHPEHUVௐௐ1DWLRQDOௐ$XWRௐ
)OHHWௐ*URXSௐDWWHQGVௐVHYHUDOௐWUDGHVௐVKRZVௐSHUௐ\HDUௐWRௐHQJDJHௐPHPEHUVௐDQGௐSXWௐDௐIDFHௐWRௐWKHௐFRPSDQ\ௐ7KLVௐ
LQௐSHUVRQௐPHHWLQJௐDLGVௐWRௐEXLOGௐWKHௐEUDQGௐE\ௐQXUWXULQJௐUHODWLRQVKLSVௐEHWZHHQௐPHPEHUVௐDQGௐRWKHUௐYHQGRUVௐ
DVVRFLDWHGௐWKURXJKௐWKHௐSURFHVVௐௐௐ7UDGHௐVKRZVௐDWWHQGHGௐLQFOXGHௐ*);ௐ,$332ௐ1,*3ௐ$&7ௐ&$332ௐDQGௐ
&$6%2ௐWKURXJKRXWௐWKHௐ8QLWHGௐ6WDWHVௐௐ
1$)*ௐKDVௐPDQ\ௐRSSRUWXQLWLHVௐWRௐPDNHௐLQௐSHUVRQௐSUHVHQWDWLRQVௐWRௐSURSRVHௐSURGXFWVௐVHUYLFHVௐRIIHUHGௐDQGௐWRௐ
DQVZHUௐDQ\ௐTXHVWLRQVௐSRWHQWLDOௐPHPEHUVௐPD\ௐKDYHௐௐ7KHVHௐ3RZHU3RLQWௐ3UHVHQWDWLRQVௐLQFOXGHௐWRSLFVௐRQௐ
1$)*6RXUFHZHOOௐSURFHVVௐKRZௐWRௐIDFLOLWDWHௐWKHௐYHKLFOHௐSXUFKDVLQJௐZLWKRXWௐELGGLQJௐLQIRUPDWLRQDOௐYLGHRVௐDQGௐ
WKHௐEUDQGVௐDQGௐVHUYLFHVௐZHௐSURYLGHௐ7KHVHௐPHHWLQJVௐKDYHௐEHHQௐKHOGௐDWௐORFDOௐFLWLHVௐFRXQWLHVௐVFKRROௐGLVWULFWVௐ
ZDWHUௐGLVWULFWVௐDQGௐSRUWV
5HODWLRQVKLSௐ0DUNHWLQJௐLVௐDௐYLWDOௐVWUDWHJ\ௐXVHGௐLQௐEXLOGLQJௐDQGௐPDLQWDLQLQJௐORQJWHUPௐUHODWLRQVKLSVௐSUDFWLFHGௐE\ௐ
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐRQௐDௐGDLO\ௐEDVLVௐௐ
1$)*ௐVWULYHVௐWRௐFUHDWHௐDௐSRVLWLYHௐDQGௐVXSSRUWLYHௐFRQQHFWLRQௐZLWKௐPHPEHUVௐE\ௐSURYLGLQJௐSHUVRQDOL]HGௐDQGௐ
UHVSRQVLYHௐFXVWRPHUௐVHUYLFHௐSUDFWLFHVௐௐ7KHௐVDOHVௐWHDPௐKDVௐZRUNHGௐWLUHOHVVO\ௐWRௐIRFXVௐRQௐSURYLGLQJௐ
RXWVWDQGLQJௐFXVWRPHUௐVXSSRUWௐWRௐFUHDWHௐDௐSRZHUIXOௐUDSSRUWௐZLWKௐH[LVWLQJௐDQGௐQHZௐPHPEHUVௐௐ%\ௐJRLQJௐDERYHௐ
DQGௐEH\RQGௐWKH\ௐKDYHௐHQKDQFHGௐH[LVWLQJௐUHODWLRQVKLSVௐDQGௐH[HFXWHGௐFXVWRPHUௐOR\DOW\ௐZLWKௐUHSHDWௐEXVLQHVVHVௐௐ
7KH\ௐVWULYHௐWRௐGHYLDWHௐIURPௐWKHௐ³&DUௐ6DOHVSHUVRQ´ௐPHQWDOLW\ௐZKLFKௐLVௐௐVDOHVௐGULYHQௐWRௐDௐPRUHௐSURGXFWௐ
DQGௐFXVWRPHUௐVHUYLFHௐDSSURDFKௐE\ௐLQVWLOOLQJௐDௐVHQVHௐRIௐFRQILGHQFHௐLQௐRXUௐFOLHQWVௐௐ7KHௐJRDOௐLVௐWRௐUHJXODUO\ௐ
DVVLVWௐFOLHQWVௐDQGௐDGGUHVVௐDQ\ௐQHHGVௐDQGௐFRQFHUQVௐHYHQௐDIWHUௐWKHௐSXUFKDVHௐKDVௐRFFXUUHGௐௐ7KHௐVWULYHௐWRௐ
IRFXVௐRQௐVROXWLRQௐVHOOLQJௐYVௐSURGXFWௐVHOOLQJௐGHYHORSVௐLQWRௐDௐPXWXDOO\ௐEHQHILFLDOௐDJUHHPHQWௐIRUௐPHPEHUVௐDQGௐ
WKHௐEXVLQHVVௐௐ
%HORZௐDUHௐDௐIHZௐH[DPSOHVௐRQௐVXFFHVVIXOௐUHODWLRQVKLSௐPDUNHWLQJௐIURPௐRXUௐ)OHHWௐ'HSDUWPHQW ௐ
:HௐKDGௐDௐPHPEHUௐFDOOௐLQௐWRௐUHTXHVWௐILQDQFLQJOHDVHௐRSWLRQVௐIRUௐDௐWUXFNௐQHHGHGௐWKURXJKௐRXUௐ1DWLRQDOௐ$XWRௐ
)OHHWௐ*URXS6RXUFHZHOOௐYHKLFOHௐFRQWUDFWௐௐ,ௐFRQWDFWHGௐDQRWKHUௐ6RXUFHZHOOௐYHQGRUௐ0DWWௐ*HLVHOKDUWௐIURPௐ1&/ௐ
*RYௐ&DSLWDOௐDQGௐKHௐZDVௐKDSS\ௐWRௐDVVLVWௐZLWKௐDௐILQDQFLQJௐTXRWHௐௐ7KHௐPHPEHUௐDOVRௐUHTXHVWHGௐWRௐWUDGHௐLQௐDௐ
FXUUHQWௐYHKLFOHௐLQௐWKHLUௐIOHHWௐDQGௐZDVௐGLUHFWHGௐWRௐ*RYGHDOVௐIRUௐDVVLVWDQFHௐLQௐUHPRYLQJௐWKHௐRXWGDWHGௐXQLWௐ
WKURXJKௐDQௐDXFWLRQௐௐௐ7KHௐPHPEHUௐZDVௐDEOHௐWRௐXWLOL]HௐWKUHHௐ6RXUFHZHOOௐFRQWUDFWVௐWRௐFRPSOHWHௐKLVௐWUDQVDFWLRQௐ
ZKLFKௐVLPSOLILHGௐWKHௐHQWLUHௐSURFHVVௐௐ7KHௐPHPEHUௐZDVௐYHU\ௐVDWLVILHGௐZLWKௐWKHௐDPRXQWௐRIௐFDUHௐDQGௐHDVHௐ
WKURXJKௐKLVௐH[SHULHQFHௐDQGௐEHFDPHௐDௐUHSHDWௐFXVWRPHUௐௐௐ%\ௐXWLOL]LQJௐDௐFURVVVHOOLQJௐVWUDWHJ\ௐ1DWLRQDOௐ$XWRௐ
)OHHWௐ*URXSௐEHFDPHௐKLVௐRQHௐVWRSௐVKRSௐWRௐIXOILOOௐDOOௐIOHHWௐYHKLFOHௐSXUFKDVLQJௐQHHGVௐ
³,ௐKDGௐDௐPHPEHUௐFDOOௐLQௐGHVSHUDWHௐWRௐREWDLQௐDௐQHZௐWUXFNௐEHFDXVHௐDQௐHPSOR\HHௐKDGௐJRWWHQௐLQWRௐDௐVHULRXVௐ
DFFLGHQWௐDQGௐKDGௐWKHௐWUXFNௐWRWDOHGௐௐௐௐ'XHௐWRௐFRYLGௐUHVWULFWLRQVௐPRVWௐPDQXIDFWXUHUVௐDUHௐFXUUHQWO\ௐH[SHULHQFLQJௐ
PLFURFKLSௐVKRUWDJHVௐZKLFKௐUHOD\VௐWRௐSURGXFWLRQௐGHOD\VௐDWௐWKHௐIDFWRU\ௐௐ:HௐZHUHௐDEOHௐWRௐGLUHFWௐEX\HUௐWRௐRXUௐLQ
VWRFNௐLQYHQWRU\ௐRQௐWKHௐ1$)*ௐZHEVLWHௐDQGௐPHPEHUௐZDVௐHFVWDWLFௐWRௐORFDWHௐWUXFNௐWRௐPHHWௐWKHLUௐQHHGVௐௐௐ,QVWHDGௐ
RIௐKDYLQJௐWRௐZDLWௐௐZHHNVௐWRௐUHFHLYHௐWKHௐQHZௐYHKLFOHௐPHPEHUௐZDVௐDEOHௐWRௐREWDLQௐWKHௐQHZௐWUXFNௐZLWKLQௐௐ
ZHHNV´
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
35
³,ௐRQFHௐKDGௐDௐPHPEHUௐFRQWDFWௐXVௐWZRௐ\HDUVௐDIWHUௐSXUFKDVLQJௐDௐYHKLFOHௐIURPௐXVௐௐௐ7KH\ௐKDGௐDௐPDOIXQFWLRQௐ
ZLWKௐWKHௐOLIWJDWHௐRQௐWKHௐER[ௐWUXFNௐZKLFKௐFDXVHGௐDௐORJLVWLFDOௐQLJKWPDUHௐௐ,ௐZDVௐDEOHௐWRௐFRQWDFWௐRQHௐRIௐRXUௐERG\ௐ
YHQGRUVௐWKDWௐXSILWWHGௐWKHௐOLIWௐJDWHௐLQVWDOODWLRQௐDQGௐDௐVHUYLFHௐWHFKQLFLDQௐZDVௐDEOHௐWRௐJRௐRQVLWHௐWRௐUHVROYHௐWKHௐ
OLIWJDWHௐLVVXHௐDWௐQRௐDGGLWLRQDOௐFRVWௐௐ7KHௐPHPEHUௐZDVௐYHU\ௐLPSUHVVHGௐZLWKௐWKHௐTXDOLW\ௐRIௐRXUௐFXVWRPHUௐVHUYLFHௐ
HYHQௐDIWHUௐSXUFKDVHௐ³
³,ௐKDGௐDௐPHPEHUௐUHTXHVWௐDௐôௐWRQௐWUXFNௐSULFLQJௐEXWௐZDVௐXQVXUHௐDERXWௐWKHLUௐEXGJHWௐDWௐWKHௐWLPHௐௐௐ,ௐWRRNௐWKHௐ
WLPHௐWRௐJRௐWKURXJKௐHDFKௐRSWLRQௐZLWKௐWKHௐFOLHQWௐWRௐSURYLGHௐDௐ6RXUFHZHOOௐSULFLQJௐTXRWHௐWKURXJKௐPXOWLSOHௐ
PDQXIDFWXUHUVௐIURPௐ5DPௐ&KHYUROHWௐDQGௐ)RUGௐௐ7KLVௐHPSRZHUHGௐWKHௐPHPEHUௐWRௐKDYHௐPXOWLSOHௐSULFLQJௐRSWLRQVௐ
IRUௐUHYLHZௐWRௐDOLJQௐZLWKௐWKHLUௐEXGJHWௐDVௐZHOOௐDVௐHOLPLQDWLQJௐWKHௐQHHGௐWRௐVKRSௐDQ\ZKHUHௐHOVHௐ³ௐௐ
³:HௐZRUNௐZLWKௐPDQ\ௐERG\ௐFRPSDQLHVௐWRௐDVVLVWௐFXVWRPHUVௐZLWKௐWKHௐERG\ௐXSILWWLQJௐSURFHVVௐௐௐ2QHௐRIௐRXUௐ
PHPEHUVௐFDOOHGௐLQௐDௐUHTXHVWௐWRௐH[SHGLWHௐDௐSDUWLFXODUௐYHKLFOHௐWKDWௐZDVௐKHOGௐXSௐDWௐRQHௐRIௐWKHLUௐORFDOௐERG\ௐ
XSILWWHUVௐௐௐ,ௐFRQWDFWHGௐWKHௐERG\ௐFRPSDQ\ௐUHSUHVHQWDWLYHௐDQGௐSXWௐLQௐDௐUHTXHVWௐWRௐH[SHGLWHௐWKHௐXSILWWLQJௐSHUௐ
UHTXHVWௐRIௐWKHௐPHPEHUௐௐ7KHௐERG\ௐFRPSDQ\ௐZDVௐDEOHௐWRௐFRPSO\ௐZLWKௐWKHௐUHTXHVWௐDQGௐGHOLYHU\ௐZDVௐPDGHௐ
VRRQHUௐWKDQௐH[SHFWHG´
:RUGRI0RXWKௐ0DUNHWLQJ ௐௐ7KHௐSRVLWLYHௐTXDOLW\ௐRIௐVHUYLFHௐKDVௐOHGௐWRௐPRUHௐVDOHVௐEDVHGௐRQௐSUHYLRXVௐ
FXVWRPHUV¶ௐLPSUHVVLRQVௐRQௐWKHLUௐH[SHULHQFHௐௐ1$)*¶VௐJRDOௐLVௐWRௐSURYLGHௐH[HPSODU\ௐFXVWRPHUௐVHUYLFHௐ
WKURXJKRXWௐWKHௐHQWLUHௐSXUFKDVLQJௐSURFHVVௐWRௐHQFRXUDJHௐUHSHDWௐEXVLQHVVௐDQGௐDGYRFDWHௐVHUYLFHVௐWRௐRWKHUௐ
PHPEHUVௐௐ1$)*ௐKDVௐEHHQௐIRUWXQDWHௐWRௐH[SHULHQFHௐPXOWLSOHௐLQVWDQFHVௐRIௐOHDGVௐJHQHUDWHGௐEDVHGௐVROHO\ௐRQௐ
ZRUGRIPRXWKௐPDUNHWLQJௐWKRXJKௐRXUௐH[LVWLQJௐFXVWRPHUVௐௐ
&URVVSURPRWLRQ ௐௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐLVௐFXUUHQWO\ௐFROODERUDWLQJௐZLWKௐDQRWKHUௐ6RXUFHZHOOௐ9HQGRUௐ1&/ௐ
*RYHUQPHQWௐ&DSLWDOௐWRௐSURPRWHௐHDFKௐRWKHU¶VௐSURGXFWVௐDQGௐVHUYLFHVௐௐ1&/ௐ*RYHUQPHQWௐ&DSLWDOௐVSHFLDOL]HVௐLQௐ
SURYLGLQJௐFRPSHWLWLYHௐHTXLSPHQWௐILQDQFLQJௐSURJUDPVௐIRUௐPXQLFLSDOLWLHVௐDQGௐSXEOLFௐHGXFDWLRQௐHQWLWLHVௐDFURVVௐWKHௐ
8QLWHGௐ6WDWHVௐௐ$VௐDௐWHDPௐ1&/ௐDQGௐ1$)*ௐSURGXFHGௐDௐYDULHW\ௐRIௐPDUNHWLQJௐPDWHULDOVௐVXFKௐDVௐYLGHRVௐIO\HUVௐ
DQGௐLQIRௐJUDSKVௐWRௐSURPRWHௐSXUFKDVLQJௐDQGௐOHDVLQJௐRSSRUWXQLWLHVௐௐௐௐ
+RJOXQGௐ%XVௐ&RPSDQ\ௐLVௐDQRWKHUௐFURVVSURPRWLRQௐYHQGRUௐ1$)*ௐKDGௐWKHௐRSSRUWXQLW\ௐWRௐFUHDWHௐDௐSDUWQHUVKLSௐ
ZLWKௐௐௐ)O\HUVௐZHUHௐFUHDWHGௐWRௐDGYHUWLVHௐ&KDVVLVௐIURPௐ1$)*ௐDORQJௐZLWKௐDௐYDULHW\ௐRIௐEXVௐERGLHVௐIURPௐ+RJOXQGௐ
%XVௐ&RPSDQ\ௐௐௐ
:LWKௐFURVVSURPRWLRQௐFRPSDQLHVௐH[FKDQJHௐNQRZOHGJHௐDQGௐSURYLGHௐHQGRUVHPHQWVௐRQௐZHEVLWHVௐVRFLDOௐPHGLDௐ
DQGௐHPDLOௐFDPSDLJQVௐௐ7KLVௐVWUDWHJ\ௐFUHDWHVௐDQௐLQIOX[ௐRIௐQHZௐOHDGVௐEUDQGௐDZDUHQHVVௐLQFUHDVHGௐVDOHVௐDQGௐ
UHFXUUHQFHௐRIௐFXVWRPHUVௐௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZLOOௐFRQWLQXHௐWRௐFUHDWHௐQHZௐSDUWQHUVKLSVௐDQGௐIDFLOLWDWHௐ
PRUHௐFURVVSURPRWLRQௐRSSRUWXQLWLHVௐLQௐWKHௐQHDUௐIXWXUHௐWRௐSURYLGHௐWXUQNH\ௐVROXWLRQVௐIRUௐDௐYDULHW\ௐRIௐYHKLFOHௐ
SXUFKDVLQJௐQHHGVௐ
&RPLQJௐLQௐௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZLOOௐEHௐODXQFKLQJௐDௐ1$)*ௐ3DUWQHUௐ:HEVLWHௐWRௐIXUWKHUௐLQFUHDVHௐ
EXVLQHVVௐJURZWKௐௐ7KHௐZHEVLWHௐZZZQDIJSDUWQHUFRPௐLVௐH[SHFWHGௐWRௐODXQFKௐQH[Wௐ\HDUௐLQௐௐௐ7KHௐVLWHௐ
HQFRXUDJHVௐERG\ௐXSILWWLQJௐFRPSDQLHVௐWKURXJKRXWௐWKHௐ8QLWHGௐ6WDWHVௐWRௐSDUWQHUௐXSௐZLWKௐ1$)*ௐWRௐEHFRPHௐDௐ
SUHIHUUHGௐPHPEHUௐௐ7KHௐEHQHILWVௐRIௐEHFRPLQJௐDௐSUHIHUUHGௐPHPEHUௐLQFOXGHௐHQGRUVHPHQWVௐRQௐZHEVLWHௐDQGௐ
VRFLDOௐPHGLDௐDYHQXHVௐDORQJௐZLWKௐZRUGRIPRXWKௐUHIHUUDOௐIRUௐFOLHQWVௐZLWKௐXSILWWLQJௐQHHGVௐௐ2XUௐGHGLFDWHGௐSXEOLFௐ
UHODWLRQVௐUHSUHVHQWDWLYHௐZLOOௐFRQGXFWௐSKRQHௐDQGௐLQௐSHUVRQௐPHHWLQJVௐWRௐGLVFXVVௐWKHௐDGYDQWDJHVௐRIௐSDUWQHULQJௐXSௐ
ZLWKௐ1$)*ௐWKHUHIRUHௐJHQHUDWLQJௐPRUHௐFURVVSURPRWLRQௐRSSRUWXQLWLHVௐ
0HPEHUVௐIURPௐJRYHUQPHQWௐDJHQFLHVௐDUHௐHQFRXUDJHGௐWRௐJRௐRQௐWKHௐVLWHௐWRௐVHDUFKௐIRUௐORFDOௐERG\ௐXSILWWLQJௐ
FRPSDQLHVௐWKH\ௐDUHௐLQWHUHVWHGௐLQௐZRUNLQJௐZLWKௐௐௐ$VௐDௐSUHUHTXLVLWHௐLQௐEHFRPLQJௐDௐSUHIHUUHGௐYHQGRUௐWKH\ௐDUHௐ
UHTXLUHGௐWRௐDGYHUWLVHௐ1$)*ௐDQGௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐRQௐWKHLUௐEXVLQHVVௐZHEVLWHௐDQGௐUHIHUௐWKHLUௐFOLHQWVௐWRௐ
SXUFKDVHௐWKHLUௐFDEFKDVVLVௐQHHGVௐWKURXJKௐ1$)*ௐௐ7KLVௐHVWDEOLVKHVௐDௐSDUWQHUVKLSௐWKDWௐZLOOௐJHQHUDWHௐLQFUHDVHGௐ
VDOHVௐDOOௐDURXQGௐௐ:HௐDUHௐVWLOOௐFXUUHQWO\ௐEXLOGLQJௐWKHௐZHEVLWHௐDQGௐLQWHUDFWLQJௐZLWKௐERG\ௐFRPSDQLHVௐDFURVVௐWKHௐ
8QLWHGௐ6WDWHVௐWKDWௐZRXOGௐEHௐLQWHUHVWHGௐLQௐSDUWQHULQJௐXSௐZLWKௐ1$)*
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
36
'HVFULEHௐ\RXUௐXVHௐRIௐWHFKQRORJ\ௐDQGௐGLJLWDOௐ
GDWDௐ HJௐVRFLDOௐPHGLDௐPHWDGDWDௐXVDJH ௐWRௐ
HQKDQFHௐPDUNHWLQJௐHIIHFWLYHQHVV
6RFLDOௐPHGLDௐSOD\VௐDௐFUXFLDOௐHOHPHQWௐLQௐWKHௐZD\ௐSHRSOHௐFRPPXQLFDWHௐDQGௐFRQQHFWௐZLWKௐHDFKௐRWKHUௐௐௐௐ
/LQNHG,QௐLVௐWKHௐJRWRௐSODWIRUPௐXVHGௐE\ௐ1$)*ௐDVௐLWௐRIIHUVௐDௐYDULHW\ௐRIௐZD\VௐWRௐH[SDQGௐRXUௐQHWZRUNௐE\ௐORFDWLQJௐ
DQGௐFRQQHFWLQJௐZLWKௐUHOHYDQWௐSURIHVVLRQDOVௐLQௐWKHௐLQGXVWU\ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKDVௐXWLOL]HGௐ/LQNHG,QௐWRௐ
HQJDJHௐFXUUHQWௐDQGௐSRWHQWLDOௐPHPEHUVௐWKURXJKௐSHUVRQDOL]HGௐPHVVDJHVௐDQGௐSRVWVௐௐ3HUVRQDOL]HGௐPHVVDJHVௐ
LQFOXGHௐWKDQNLQJௐWKHPௐIRUௐUHJLVWHULQJௐRQௐVLWHௐDVௐZHOOௐDVௐGLUHFWLQJௐWKHPௐWRௐRQௐRXUௐOLQNௐWRௐWKHௐZHEVLWHௐ/LQNHG,Qௐ
<RX7XEHௐ)DFHERRNௐDQGௐ,QVWDJUDPௐFRPSDQ\ௐSDJHVௐௐ7KHௐJRDOௐLVௐWRௐXQLWHௐZLWKௐSHRSOHௐDOUHDG\ௐRQௐRXUௐ
GDWDEDVHௐDVௐZHOOௐDVௐSHRSOHௐWKDWௐZRXOGௐEHQHILWௐIURPௐRXUௐSURGXFWVௐDQGௐVHUYLFHVௐௐ&XUUHQWௐIO\HUVௐRUௐPHVVDJHVௐ
DERXWௐRXUௐFRPSDQ\ௐDUHௐDOVRௐSRVWHGௐRQௐWKHௐ/LQNHG,QௐVLWHௐWRௐJHQHUDWHௐDQGௐDWWUDFWௐPRUHௐEXVLQHVVௐௐ7LPHௐLVௐ
DOVRௐVSHQWௐRQௐUHDGLQJௐSRVWVௐIURPௐFRQQHFWLRQVௐDQGௐREVHUYHௐDQ\ௐQHHGVௐWKDWௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐPD\ௐ
DVVLVWௐZLWKௐௐ
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKDVௐEHJXQௐXWLOL]LQJௐYLGHRௐPDUNHWLQJௐVWUDWHJLHVௐWRௐIXUWKHUௐSURPRWHௐDQGௐPDUNHWௐ
SURGXFWVௐE\ௐHQJDJLQJௐRQௐVRFLDOௐPHGLDௐFKDQQHOVௐDQGௐHPDLOௐIO\HUVௐௐ3URJUDPVௐVXFKௐDVௐ9LPHRௐ9LGHRௐ6FULEHௐ
&DUWRRQௐ$QLPDWRUௐ$GREHௐ$QLPDWHௐ,OOXVWUDWHௐ&DSWLYHௐ3KRWRVKRSௐDQGௐ0RYDYLௐ9LGHRௐ(GLWRUௐ3OXVௐDUHௐHPSOR\HGௐ
WRௐHGLWௐDQGௐFUHDWHௐYLGHRVௐWRௐDVVLVWௐLQௐHQGRUVLQJௐRXUௐFRPSDQ\ௐௐ7KHௐIROORZLQJௐYLGHRVௐZHUHௐUHFHQWO\ௐFUHDWHGௐE\ௐ
RXUௐPDUNHWLQJௐGHSDUWPHQWௐDORQJௐZLWKௐRXWVLGHௐYLGHRௐSURGXFWLRQௐFRPSDQLHV
([SODLQHUௐ9LGHR ௐௐ7KHௐILUVWௐYLGHRௐFUHDWHGௐZDVௐDௐ ௐVHFRQGௐH[SODLQHUௐYLGHRௐDERXWௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐ
WKDWௐXVHGௐDQLPDWHGௐFKDUDFWHUVௐWRௐYLVXDOL]HௐRXUௐSURGXFWVௐDQGௐVHUYLFHVௐDORQJௐZLWKௐLQIRUPDWLRQௐRQௐWKHௐ6RXUFHZHOOௐ
DZDUGHGௐFRQWUDFWௐௐ7KHௐYLGHRௐKDVௐEHHQௐLQFRUSRUDWHGௐLQWRௐDOOௐRXUௐZHHNO\ௐHPDLOௐIO\HUVௐDQGௐVRFLDOௐPHGLDௐ
SODWIRUPVௐDVௐDQௐLQIRUPDWLYHௐYLGHRௐRQௐRXUௐSURGXFWVௐDQGௐKRZௐWRௐSXUFKDVHௐYHKLFOHVௐRIIௐ6RXUFHZHOOௐ*RYHUQPHQWௐ
&RQWUDFW
+RZௐ7Rௐ9LGHRV ௐௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKDVௐDOVRௐFUHDWHGௐVWHSE\VWHSௐ+RZ7RௐYLGHRVௐRQௐWKHௐSURFHVVௐWRௐ
SXUFKDVHௐERWKௐ/LJKWௐ'XW\ௐDQGௐ+HDY\'XW\ௐYHKLFOHVௐRIIௐWKHௐFRQWUDFWௐௐ
,Qௐ6WRFNௐ9HKLFOHV ௐௐ7KLVௐYLGHRௐVKRZFDVHVௐRXUௐLQVWRFNௐYHKLFOHVௐDYDLODEOHௐDQGௐWKHௐSURFHVVௐRIௐUHTXHVWLQJௐDௐ
TXRWHௐ
(7$ௐ7UDFNLQJௐ6\VWHP ௐௐ7KLVௐYLGHRௐZDVௐFUHDWHGௐWRௐQRWௐRQO\ௐLQWURGXFHௐEXWௐWRௐHQFRXUDJHௐFOLHQWVௐWRௐVHOIWUDFNௐ
WKHLUௐYHKLFOHௐVWDWXVௐௐ
+ROLGD\ௐ7KHPHGௐ9LGHRV ௐ7KHVHௐDPXVLQJௐYLGHRVௐZHUHௐFUHDWHGௐWRௐFHOHEUDWHௐWKHௐKROLGD\VௐDQGௐDGGௐKXPRUௐDQGௐ
OLJKWQHVVௐWRௐRXUௐFRPSDQ\ௐDQGௐSURGXFWVௐVROGௐௐ
&URVVௐ3URPRWLRQௐ9LGHR ௐௐ7KLVௐYLGHRௐPDUNHWVௐRXUௐUHODWLRQVKLSௐZLWKௐ1&/ௐ*RYHUQPHQWௐ&DSLWDOௐDQGௐ6RXUFHZHOOௐWRௐ
HQGRUVHௐ(9ௐYHKLFOHVௐௐ
9LGHRVௐIRUௐVRFLDOௐPHGLD ௐௐ0LQLௐYLGHRVௐZHUHௐFUHDWHGௐWRௐDGYHUWLVHௐQHZௐYHKLFOHVௐDYDLODEOHௐSULFLQJௐDQGௐFXWRIIௐ
GDWHௐUHPLQGHUVௐௐ
1$)*ௐKDVௐUHFHQWO\ௐLQWURGXFHGௐDௐQHZO\ௐEXLOWௐOLYHௐFKDWௐIHDWXUHௐRQௐRXUௐZHEVLWHௐIRUௐFXVWRPHUௐFRQYHQLHQFHௐDVௐZHOOௐ
DVௐLPSURYLQJௐFXVWRPHUௐVHUYLFHௐௐ9LVLWRUVௐKDYHௐDFFHVVௐWRௐFKDWௐZLWKௐDௐOLYHௐVDOHVௐUHSUHVHQWDWLYHௐௐKRXUVௐDௐGD\ௐ
ௐGD\VௐDௐZHHNௐௐ:LWKௐWKLVௐIHDWXUHௐSRWHQWLDOௐFXVWRPHUVௐDUHௐSURYLGHGௐZLWKௐDQRWKHUௐDYHQXHௐIRUௐDVVLVWDQFHௐLQௐ
DGGLWLRQௐWRௐHPDLOLQJௐDQGௐSKRQHௐFDOOVௐௐ7KHௐEHQHILWVௐRIௐDௐOLYHௐFKDWௐRSWLRQௐLQFOXGHௐTXLFNHUௐUHVSRQVHௐWLPHௐWRௐ
DVVLVWௐEX\HUVௐLQௐUHDFKLQJௐDௐSXUFKDVLQJௐGHFLVLRQௐDQGௐDQVZHUௐWKHLUௐTXHVWLRQVௐ
,PSURYLQJௐFXVWRPHUௐVHUYLFHௐZLOOௐDOVRௐOHDGௐWRௐLQFUHDVHGௐVDOHVௐFXVWRPHUௐOR\DOW\ௐDQGௐHQJDJHPHQWௐௐ0DQ\ௐVWXGLHVௐ
KDYHௐVKRZQௐDௐVWURQJௐFRUUHODWLRQௐEHWZHHQௐOLYHௐFKDWௐDQGௐLQFUHDVHௐLQௐFRQYHUVLRQௐUDWHVௐௐ3RWHQWLDOௐFOLHQWVௐ
DSSUHFLDWHௐKDYLQJௐWKHLUௐTXHVWLRQVௐDQVZHUHGௐLQௐUHDOWLPHௐZKHQௐWU\LQJௐWRௐEXLOGௐDௐYHKLFOHௐTXRWHௐRQOLQHௐDQGௐ
DOORZLQJௐWKHௐXVHUௐWRௐPXOWLWDVNௐGLIIHUHQWௐSURMHFWV
,Qௐ\RXUௐYLHZௐZKDWௐLVௐ6RXUFHZHOO¶VௐUROHௐLQௐ
SURPRWLQJௐFRQWUDFWVௐDULVLQJௐRXWௐRIௐWKLVௐ5)3"ௐ
+RZௐZLOOௐ\RXௐLQWHJUDWHௐDௐ6RXUFHZHOODZDUGHGௐ
FRQWUDFWௐLQWRௐ\RXUௐVDOHVௐSURFHVV"
6RXUFHZHOO¶VௐPLVVLRQௐVWDWHV ௐ³2XUௐFRPPLWPHQWௐWRௐVHUYLFHௐDQGௐH[FHHGLQJௐFOLHQWௐH[SHFWDWLRQV´ௐௐ7KLVௐVWDWHPHQWௐ
LQWHJUDWHVௐZLWKௐRXUௐUHODWLRQVKLSௐPDUNHWLQJௐVWUDWHJ\ௐZLWKௐRXUௐFRPPLWPHQWௐWRௐJRௐDERYHௐDQGௐEH\RQGௐIRUௐDOOௐRXUௐ
PHPEHUVௐௐ6RXUFHZHOOௐLVௐDௐWUXVWHGௐEUDQGௐWKDWௐJRYHUQPHQWௐHQWLWLHVௐFDQௐUHO\ௐRQௐWRௐDFFHVVௐDௐZLGHௐYDULHW\ௐRIௐ
SURGXFWVௐDQGௐVHUYLFHVௐIRUௐWKHLUௐHYHU\GD\ௐQHHGVௐௐ:LWKௐRYHUௐௐ\HDUVௐRIௐSDUWQHUVKLSVௐDQGௐUHODWLRQVKLSௐEXLOGLQJௐ
WKH\ௐDUHௐWKHௐJOXHௐWKDWௐFRQQHFWVௐJRYHUQPHQWௐHGXFDWLRQௐDQGௐQRQSURILWௐDJHQFLHVௐWRௐFRPSDQLHVௐRIௐDOOௐVL]HVௐWRௐ
RIIHUௐWXUQNH\ௐVROXWLRQVௐWRௐWKHLUௐQHHGVௐௐௐௐ
6RXUFHZHOOௐLVௐDOVRௐDௐUHOLDEOHௐUHVRXUFHௐIRUௐYHQGRUVௐE\ௐQRWௐRQO\ௐFRQQHFWLQJௐZLWKௐSRWHQWLDOௐSURVSHFWVௐEXWௐE\ௐ
SURYLGLQJௐYDOXDEOHௐPDUNHWLQJௐPDWHULDOVௐUHDGLO\ௐDYDLODEOHௐIRUௐGRZQORDGௐRQௐWKHLUௐZHEVLWHௐௐ5HVRXUFHVௐDQGௐWRROVௐ
SURYLGHGௐLQFOXGHௐIO\HUVௐYHQGRUௐWUDLQLQJௐYLGHRVௐDORQJௐZLWKௐFRPSOLDQFHௐLQIRUPDWLRQ
7KHௐ6RXUFHZHOOௐEUDQGௐLQWHJUDWHVௐDௐWKRURXJKௐGRFXPHQWDWLRQௐUHYLHZௐRIௐDOOௐYHQGRUVௐSULRUௐWRௐDZDUGLQJௐWKHLUௐ
FRRSHUDWLYHௐFRQWUDFWVௐWRௐHQVXUHௐSURGXFWVௐDQGௐVHUYLFHVௐDUHௐIURPௐUHSXWDEOHௐYHQGRUVௐௐ7KHௐEUDQGௐSURYLGHVௐDௐ
VHQVHௐRIௐOHJLWLPDF\ௐRIௐRXUௐFRPSDQ\ௐQDPHௐDQGௐPHPEHUVௐUHFRJQL]HௐWKDWௐSURGXFWVௐDQGௐVHUYLFHVௐDUHௐIURPௐ
UHOLDEOHௐVRXUFHVௐWKDWௐZLOOௐPHHWௐWKHLUௐQHHGVௐௐ
6RXUFHZHOO¶VௐDLPௐLVௐWRௐVLPSOLI\ௐWKHௐSXUFKDVLQJௐDQGௐSURFXUHPHQWௐSURFHVVௐRIௐJRYHUQPHQWௐHQWLWLHVௐE\ௐHOLPLQDWLQJௐ
WKHௐFRVWO\ௐELGGLQJௐSURFHGXUHௐௐ7KHௐSURFHVVௐRIௐUHVHDUFKLQJௐWKHௐULJKWௐYHQGRUௐLVௐQRWௐRQO\ௐVWUHVVIXOௐDQGௐWLPH
FRQVXPLQJௐEXWௐFDQௐEHௐH[SHQVLYHௐDVௐZHOOௐௐ6RXUFHZHOOௐKDVௐFRPSOHWHGௐWKHௐELGGLQJௐIRUௐJRYHUQPHQWௐHQWLWLHVௐ
ZKLFKௐVLPSOLILHVௐWKHௐRYHUDOOௐSXUFKDVLQJௐSURFHVVௐE\ௐSURYLGLQJௐDFFHVVௐWRௐFRPSHWLWLYHO\ௐELGௐFRQWUDFWVௐSURFXUHGௐE\ௐ
DௐJRYHUQPHQWௐDJHQF\ௐௐ
6RXUFHZHOOௐKDVௐSURYLGHGௐ1$)*ௐZLWKௐRYHUZKHOPLQJௐRSSRUWXQLWLHVௐWRௐZRUNௐZLWKௐJRYHUQPHQWௐDJHQFLHVௐDFURVVௐWKHௐ
8QLWHGௐ6WDWHVௐௐ7KHௐ6RXUFHZHOOௐQDPHௐUHSUHVHQWVௐDௐKLJKௐVWDQGDUGௐRIௐLQWHJULW\ௐDQGௐHWKLFVௐZKLFKௐLVௐDௐG\QDPLFௐ
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐLVௐSURXGௐWRௐEHௐSDUWௐRIௐௐ6RXUFHZHOOௐPHPEHUVௐKDYHௐDFFHVVௐWRௐDௐFRQWUDFWௐWKDWௐLVௐ
PRUHௐIOH[LEOHௐWKDQௐWKHௐVWDQGDUGௐELGGLQJௐSURFHVVௐௐ6RXUFHZHOOௐLVௐDQௐRUJDQL]DWLRQௐWKDWௐDLGVௐJRYHUQPHQWௐHQWLWLHVௐ
WRௐVWD\ௐFRPSHWLWLYHௐZLWKRXWௐWKHௐIUXVWUDWLRQVௐDQGௐLVVXHVௐLQYROYHGௐZLWKௐWKHௐWUDGLWLRQDOௐELGGLQJௐSURFHVVௐௐ7KLVௐ
FRQWUDFWௐFDQௐEHௐFXVWRPL]HGௐWRௐPHHWௐWKHௐXQLTXHௐQHHGVௐRIௐHDFKௐFOLHQWௐௐ7KHௐVDOHVௐWHDPௐKDVௐLQFRUSRUDWHGௐQRWௐ
RQO\ௐWKLVௐVWDQGDUGௐRIௐLQWHJULW\ௐLQௐWKHLUௐVDOHVௐSUDFWLFHௐHQVXULQJௐFOLHQWV¶ௐSXUFKDVLQJௐQHHGVௐZLOOௐDOZD\VௐEHௐPHWௐௐ
7KHௐFRVWௐVDYLQJVௐDQGௐVWUHVVIUHHௐQDWXUHௐRIௐWKHௐFRRSHUDWLYHௐFRQWUDFWVௐIDYRUVௐWKDWௐRIௐWKHௐWUDGLWLRQDOௐELGGLQJௐ
SURFHVVௐௐ,WௐHQDEOHVௐYHQGRUVௐWRௐZRUNௐZLWKௐTXDOLI\LQJௐJRYHUQPHQWௐHQWLWLHVௐLQௐDௐPRUHௐHIILFLHQWௐPDQQHUௐௐ:HௐYRZௐ
WRௐPDLQWDLQௐWKHVHௐOHYHOVௐRIௐVWDQGDUGVௐDFURVVௐWKHௐERDUGௐWKURXJKRXWௐDOOௐGHSDUWPHQWVௐZLWKLQௐWKHௐFRPSDQ\
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
37
$UHௐ\RXUௐSURGXFWVௐRUௐVHUYLFHVௐDYDLODEOHௐ
WKURXJKௐDQௐHSURFXUHPHQWௐRUGHULQJௐSURFHVV"ௐ,Iௐ
VRௐGHVFULEHௐ\RXUௐHSURFXUHPHQWௐV\VWHPௐDQGௐ
KRZௐJRYHUQPHQWDOௐDQGௐHGXFDWLRQDOௐFXVWRPHUVௐ
KDYHௐXVHGௐLW
2XUௐZHEVLWHௐSURYLGHVௐDௐKDQGVRQௐHPSRZHULQJௐDSSURDFKௐWRௐRUGHULQJௐYHKLFOHVௐRQOLQHௐௐ&OLHQWVௐFDQௐVHDUFKௐ
WKURXJKௐPDQ\ௐYHKLFOHVௐPDNHVௐDQGௐPRGHOVௐZLWKௐWKHௐDELOLW\ௐWRௐFXVWRPL]HௐDௐYHKLFOHௐWDLORUHGௐWRௐWKHLUௐVSHFLILFௐ
QHHGVௐRIௐWKHLUௐDJHQF\ௐௐௐ$ௐSHUVRQDOL]HGௐTXRWHௐZLWKௐSULFLQJௐFDQௐEHௐDYDLODEOHௐLQௐDVௐOLWWOHௐDVௐௐPLQXWHVௐ
GHSHQGLQJௐRQௐWKHௐFRPSOH[LW\ௐRIௐWKHௐYHKLFOHௐௐௐ,IௐXSILWWLQJௐLVௐQHHGHGௐWKHௐEX\HUௐFDQௐOLVWௐWKHௐGHWDLOVௐRIௐWKHௐXSILWௐ
ZKLOHௐEXLOGLQJௐWKHLUௐYHKLFOHௐRQௐRXUௐZHEVLWHௐWRௐUHFHLYHௐDௐFRPSOHWHௐTXRWHௐRUௐDௐVDOHVௐUHSUHVHQWDWLYHௐFDQௐEHௐ
UHDFKHGௐWKURXJKௐSKRQHௐHPDLOௐRUௐRXUௐQHZௐOLYHௐFKDWௐIHDWXUHௐEXLOWௐRQௐRXUௐZHEVLWHௐௐ
:HௐKDYHௐUHFHQWO\ௐFUHDWHGௐDQGௐXSORDGHGௐDௐ³+RZ7Rௐ9LGHRV´ௐVHFWLRQௐRQௐWKHௐKRPHSDJHௐRIௐRXUௐZHEVLWHௐZKLFKௐ
KLJKOLJKWVௐDௐVWHSE\VWHSௐSURFHVVௐRQௐKRZௐWRௐEXLOGௐDQௐRQOLQHௐTXRWHௐௐ7KLVௐLQIRUPDWLYHௐYLGHRௐGHPRQVWUDWHVௐKRZௐ
WRௐQDYLJDWHௐWKHௐZHEVLWHௐLQௐKRZௐWRௐJHQHUDWHௐDௐYHKLFOHௐTXRWHௐZLWKௐRUௐZLWKRXWௐXSILWWLQJௐRSWLRQVௐௐ,WௐEHJLQVௐE\ௐ
H[SODLQLQJௐKRZௐWRௐUHJLVWHUௐRQௐRXUௐZHEVLWHௐDVௐDௐPHPEHUௐDQGௐWKHQௐGHWDLOVௐRQௐKRZௐWRௐVHOHFWௐYHKLFOHௐPRGHOௐDQGௐ
W\SHௐDQGௐWKHௐIDFWRU\ௐRSWLRQVௐQHHGHGௐௐௐ
ௐ
2QFHௐDௐFXVWRPL]HGௐTXRWHௐLVௐEXLOWௐFOLHQWVௐKDYHௐWKHௐRSWLRQௐWRௐILQDOL]HௐWKHௐVDOHVௐWUDQVDFWLRQௐE\ௐVXEPLWWLQJௐDௐ
SXUFKDVHௐRUGHUௐWRௐRXUௐVDOHVௐWHDPௐYLDௐHPDLOௐௐ7KLVௐJLYHVௐFRPSOHWHௐDXWRQRP\ௐWRௐWKHௐFOLHQWௐWRௐSXUFKDVHௐYHKLFOHVௐ
ZLWKRXWௐWKHௐQHHGௐWRௐVSHDNௐWRௐDௐVDOHVௐUHSௐௐ,IௐDVVLVWDQFHௐLVௐQHHGHGௐWKH\ௐFDQௐFRQWDFWௐVDOHVௐWKURXJKௐHPDLOௐOLYHௐ
FKDWௐRUௐSKRQHௐௐ
,IௐDVVLVWDQFHௐLVௐUHTXLUHGௐWRௐEXLOGௐDௐTXRWHௐRXUௐVDOHVௐUHSௐLVௐDOVRௐDYDLODEOHௐWRௐZDONௐDௐFOLHQWௐWKURXJKௐWKHௐH
SURFXUHPHQWௐSURFHVVௐVWHSௐE\ௐVWHSௐௐ7KLVௐHQVXUHVௐVRPHRQHௐLVௐDYDLODEOHௐWRௐDQVZHUௐDQ\ௐTXHVWLRQVௐLIௐQHHGHGௐ
DQGௐHPSRZHULQJௐWKHௐFOLHQWௐWRௐPDNHௐDQ\ௐIXWXUHௐSXUFKDVHVௐRQௐWKHLUௐRZQௐௐ&OLHQWVௐPD\ௐDOVRௐFDOOௐRUௐHPDLOௐWKHௐ
QHHGVௐRIௐWKHௐFRPSDQ\ௐDQGௐUHFHLYHௐDௐFXVWRPL]HGௐYHKLFOHௐTXRWH
7DEOH 9DOXH$GGHG$WWULEXWHV
/LQH,WHP 4XHVWLRQ 5HVSRQVH
'HVFULEHௐDQ\ௐSURGXFWௐHTXLSPHQWௐ
PDLQWHQDQFHௐRUௐRSHUDWRUௐWUDLQLQJௐ
SURJUDPVௐWKDWௐ\RXௐRIIHUௐWRௐ6RXUFHZHOOௐ
SDUWLFLSDWLQJௐHQWLWLHVௐ,QFOXGHௐGHWDLOVௐVXFKௐ
DVௐZKHWKHUௐWUDLQLQJௐLVௐVWDQGDUGௐRUௐ
RSWLRQDOௐZKRௐSURYLGHVௐWUDLQLQJௐDQGௐDQ\ௐ
FRVWVௐWKDWௐDSSO\
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐH[WHQGVௐDQ\ௐDQGௐDOOௐSURGXFWௐHTXLSPHQWௐPDLQWHQDQFHௐDQGௐRSHUDWLQJௐSURJUDPVௐ
SURYLGHGௐE\ௐWKHௐ0DQXIDFWXUHUௐGLUHFWO\ௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐGXULQJௐWKHௐTXRWLQJௐSURFHVVௐ7KHௐ
PDQXIDFWXUHUௐZLOOௐSURYLGHௐTXRWHVௐWRௐWKHௐPHPEHUௐEDVHGௐRQௐWKHௐYHKLFOHVௐFODVVௐDQGௐVL]HௐDQGௐJHRJUDSKLFௐORFDWLRQௐ
1$)*ௐZLOOௐDOZD\VௐSDVVௐWKHVHௐTXRWHVௐRQWRௐPHPEHUVௐDQGௐWUHDWௐWKHPௐOLNHௐDQௐXSILWௐWRௐWKHௐYHKLFOH
'HVFULEHௐDQ\ௐWHFKQRORJLFDOௐDGYDQFHVௐWKDWௐ
\RXUௐSURSRVHGௐSURGXFWVௐRUௐVHUYLFHVௐRIIHU
7HFKQRORJLFDOௐDFFRPSOLVKPHQWVௐE\ௐ0DQXIDFWXUHVௐOLNHௐ)RUGௐ0RWRUௐ&RPSDQ\ௐDQGௐ*HQHUDOௐ0RWRUVௐVHUYHௐPHPEHUVௐ
E\ௐNHHSLQJௐPDQ\ௐPRGHOVௐDYDLODEOHௐIRUௐPHPEHUVௐWRௐFKRRVHௐIURPௐ$GGLWLRQDOO\ௐ1$)*ௐDOORZVௐPHPEHUVௐWKHௐDELOLW\ௐ
WRௐFKRRVHௐWRௐHOHFWULI\ௐWKHLUௐYHKLFOHௐE\ௐRSWLQJௐLQWRௐWKHௐ0RWLYHௐ3RZHUௐ6\VWHPVௐZHௐFDQௐVWLOOௐKHOSௐVXSSO\ௐWKLVௐNLQGௐ
RIௐDQௐXSILWௐ)RUௐPRUHௐLQIRUPDWLRQௐZHௐKDYHௐDWWDFKHGௐWKHௐSURGXFWௐDQGௐSULFLQJௐLQIRUPDWLRQௐZLWKLQௐWKHௐ³8SILWVௐ
$YDLODEOH´ௐDQGௐ³$OOௐௐ0DQXIDFWXUHV´ௐ=,3ௐILOHVௐXQGHUௐWKHௐVXSSRUWLQJௐGRFXPHQWVௐSRUWLRQௐRIௐWKHௐDSSOLFDWLRQ
'HVFULEHௐDQ\ௐ³JUHHQ´ௐLQLWLDWLYHVௐWKDWௐUHODWHௐ
WRௐ\RXUௐFRPSDQ\ௐRUௐWRௐ\RXUௐSURGXFWVௐRUௐ
VHUYLFHVௐDQGௐLQFOXGHௐDௐOLVWௐRIௐWKHௐ
FHUWLI\LQJௐDJHQF\ௐIRUௐHDFK
ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKHOSHGௐFUHDWHௐWKHௐ&OLPDWHௐ0D\RUௐ3XUFKDVLQJௐ&ROODERUDWLYHௐE\ௐSDUWQHULQJௐZLWKௐRYHUௐ
ௐ0D\RUVௐQDWLRQZLGHௐ7KLVௐLQLWLDWLYHௐZDVௐFUHDWHGௐIRUௐWKHௐEHQHILWௐRIௐPHPEHUVௐZKRௐZDQWHGௐWRௐFUHDWHௐDQGௐ
VXVWDLQௐDQௐDOOHOHFWULFௐIOHHWௐ:HௐRIIHUௐௐSXUHO\ௐHOHFWULFௐYHKLFOHVௐ\RXUௐPHPEHUVௐWRௐFKRRVHௐIURPௐ6RPHௐSRSXODUௐ
PRGHOVௐLQFOXGHௐWKHௐ&KHYUROHWௐ%ROWௐ)RUGௐ)XVLRQௐ)RUGௐ0XVWDQJௐ0DFK(ௐDVௐZHOOௐDVௐ)RUG¶VௐDOOௐHOHFWULFௐ)ௐ:Hௐ
DUHௐFRQILGHQWௐWKDWௐDVௐPRUHௐ2(0¶VௐFRQWLQXHௐWRௐPDQXIDFWXUHௐQHZௐHOHFWULFௐYHKLFOHVௐZHௐZLOOௐSURYLGHௐWKHPௐIRUௐ
PHPEHUVௐWRௐVHOHFWௐIURPௐ0RUHௐLQIRUPDWLRQௐDERXWௐWKLVௐLQLWLDWLYHௐFDQௐEHௐIRXQGௐDWௐZZZ'ULYHHYIOHHWRUJ
,GHQWLI\ௐDQ\ௐWKLUGSDUW\ௐLVVXHGௐHFRODEHOVௐ
UDWLQJVௐRUௐFHUWLILFDWLRQVௐWKDWௐ\RXUௐFRPSDQ\ௐ
KDVௐUHFHLYHGௐIRUௐWKHௐHTXLSPHQWௐRUௐ
SURGXFWVௐLQFOXGHGௐLQௐ\RXUௐ3URSRVDOௐUHODWHGௐ
WRௐHQHUJ\ௐHIILFLHQF\ௐRUௐFRQVHUYDWLRQௐOLIH
F\FOHௐGHVLJQௐ FUDGOHWRFUDGOH ௐRUௐRWKHUௐ
JUHHQVXVWDLQDELOLW\ௐIDFWRUV
1$)*ௐKDVௐWKHௐ&DOLIRUQLDௐ$LUௐ5HVRXUFHௐ%RDUGௐ &$5% ௐ&HUWLILFDWHௐDVௐZHOOௐDVௐWKHௐ)RUGௐ4XDOLILHGௐ9HKLFOHௐ0RGLILHUௐ
&HUWLILFDWHௐRQௐILOHௐZLWKௐVRPHௐRIௐRXUௐSDUWQHUௐVXSSOLHUVௐDQGௐXSILWWHUVௐKROGௐWKHVHௐFHUWLILFDWLRQVௐDQGௐWKHVHௐ
FHUWLILFDWLRQVௐKHOSௐLOOXVWUDWHௐKRZௐHDFKௐYHKLFOHௐFRQVHUYHVௐHQHUJ\ௐDQGௐUHPDLQVௐHQHUJ\ௐHIILFLHQW
'HVFULEHௐDQ\ௐ:RPHQௐRUௐ0LQRULW\ௐ
%XVLQHVVௐ(QWLW\ௐ :0%( ௐ6PDOOௐ%XVLQHVVௐ
(QWLW\ௐ 6%( ௐRUௐYHWHUDQௐRZQHGௐEXVLQHVVௐ
FHUWLILFDWLRQVௐWKDWௐ\RXUௐFRPSDQ\ௐRUௐKXEௐ
SDUWQHUVௐKDYHௐREWDLQHGௐ8SORDGௐ
GRFXPHQWDWLRQௐRIௐFHUWLILFDWLRQௐ DVௐ
DSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐXSORDGௐ
VHFWLRQௐRIௐ\RXUௐUHVSRQVH
1$)*ௐKROGVௐDௐFXUUHQWௐSDUWQHUVKLSௐZLWKௐPDQ\ௐVXSSOLHUVௐVRPHௐRIௐZKLFKௐDUHௐYHWHUDQௐRZHGௐVXFKௐDVௐ3DFLILFௐ7UXFNௐ
%RG\ௐORFDWHGௐLQௐ&$ௐ2XUௐ)RUGௐ&KHYUROHWௐDQGௐ5DP-HHS'RGJH&KU\VOHUௐVWRUHVௐDUHௐMRLQWO\ௐRZQHGௐDQGௐRSHUDWHGௐ
E\ௐ0LQRULWLHV
:KDWௐXQLTXHௐDWWULEXWHVௐGRHVௐ\RXUௐ
FRPSDQ\ௐ\RXUௐSURGXFWVௐRUௐ\RXUௐVHUYLFHVௐ
RIIHUௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHV"ௐ
:KDWௐPDNHVௐ\RXUௐSURSRVHGௐVROXWLRQVௐ
XQLTXHௐLQௐ\RXUௐLQGXVWU\ௐDVௐLWௐDSSOLHVௐWRௐ
6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHV"
ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZDVௐQRWௐRQO\ௐEXLOWௐRQௐGHGLFDWLRQௐDQGௐKDUGௐZRUNௐEXWௐDOVRௐWKURXJKௐTXDQWLILDEOHௐ
PHWULFVௐWKDWௐGLUHFWO\ௐPHDVXUHௐWKHௐUHVXOWVௐRIௐRXUௐHIIRUWVௐWRௐHQVXUHௐUHDOௐJRDOVௐDUHௐEHLQJௐPHDVXUHGௐDQGௐPHWௐ
7KURXJKௐPHDVXULQJௐUHVXOWVௐ1$)*ௐWDNHVௐUHVSRQVLELOLW\ௐLQௐHQVXULQJௐZHௐGHOLYHUௐRQO\ௐWKHௐEHVWௐFXVWRPHUௐFDUHௐWRௐ
\RXUௐPHPEHUVௐ1$)*ௐRIIHUVௐPHPEHUVௐௐKRXUௐZHEVLWHௐDFFHVVௐWRௐFXVWRPHUௐVXSSRUWௐWRௐSHUVRQDEO\ௐZDONௐ
PHPEHUVௐWKURXJKௐDQ\ௐTXHVWLRQVௐWKH\ௐPD\ௐKDYHௐ1RௐPDWWHUௐZKDWௐWKHௐLVVXHௐPD\ௐEHௐZHௐDOZD\VௐWKLQNௐRXWVLGHௐWKHௐ
ER[ௐWRௐKHOSௐPHPEHUVௐILQGௐDௐVROXWLRQ
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
38
7DEOH $ :DUUDQW\
'HVFULEHLQGHWDLO\RXUPDQXIDFWXUHUZDUUDQW\SURJUDPLQFOXGLQJFRQGLWLRQVDQGUHTXLUHPHQWVWRTXDOLI\FODLPVSURFHGXUHDQGRYHUDOOVWUXFWXUH<RX
PD\XSORDGUHSUHVHQWDWLYHVDPSOHVRI\RXUZDUUDQW\PDWHULDOV LIDSSOLFDEOH LQWKHGRFXPHQWXSORDGVHFWLRQRI\RXUUHVSRQVHLQDGGLWLRQWR
UHVSRQGLQJWRWKHTXHVWLRQVEHORZ
/LQH,WHP 4XHVWLRQ 5HVSRQVH
'Rௐ\RXUௐZDUUDQWLHVௐFRYHUௐDOOௐSURGXFWVௐSDUWVௐDQGௐODERU" (DFKௐRIௐWKHௐௐPDQXIDFWXUHVௐZHௐUHSUHVHQWௐFRYHUௐWKHLUௐRZQௐSURGXFWVௐSDUWVௐDQGௐODERUௐ$OOௐ
ZDUUDQW\ௐLQIRUPDWLRQௐPD\ௐEHௐIRXQGௐLQௐRXUௐDWWDFKPHQWVௐXQGHUௐWKHௐ=,3ௐ)LOHௐ³$OOௐௐ
0DQXIDFWXUHV´
'Rௐ\RXUௐZDUUDQWLHVௐLPSRVHௐXVDJHௐUHVWULFWLRQVௐRUௐRWKHUௐ
OLPLWDWLRQVௐWKDWௐDGYHUVHO\ௐDIIHFWௐFRYHUDJH"
3ULRUௐWRௐSXUFKDVHௐPHPEHUVௐVKRXOGௐEHௐDZDUHௐRIௐHDFKௐPDQXIDFWXUHU¶VௐUHVWULFWLRQVௐ6XFKௐDVௐ
LPSURSHUௐXVHௐRIௐWKHௐYHKLFOHௐPD\ௐUHVXOWௐLQௐGLVTXDOLILFDWLRQௐRIௐFRYHUDJHௐXQGHUௐWKHௐ2(0¶Vௐ
ZDUUDQW\ௐ$QௐH[DPSOHௐRIௐWKLVௐPD\ௐEHௐDQௐ)ௐEHLQJௐXVHGௐIRUௐDௐSROLFHௐUHODWHGௐSXUVXLWௐZKLFKௐ
PD\ௐYRLGௐFHUWDLQௐZDUUDQWLHVௐ$OWKRXJKௐZHௐDOZD\VௐZHOFRPHௐDQGௐHQFRXUDJHௐPHPEHUVௐWRௐ
FRQWDFWௐXVௐIRUௐWKHLUௐSDUWLFXODUௐZDUUDQW\ௐFRYHUDJH
'Rௐ\RXUௐZDUUDQWLHVௐFRYHUௐWKHௐH[SHQVHௐRIௐWHFKQLFLDQV¶ௐWUDYHOௐ
WLPHௐDQGௐPLOHDJHௐWRௐSHUIRUPௐZDUUDQW\ௐUHSDLUV"
,QௐVRPHௐFDVHVௐPDQXIDFWXUHUVௐZLOOௐWRZௐDௐPHPEHU¶VௐYHKLFOHௐWRௐWKHௐQHDUHVWௐZDUUDQW\ௐUHSDLUௐ
IDFLOLW\ௐLQௐFDVHௐRIௐDௐEUHDNGRZQௐDQGௐFRYHUௐH[SHQVHVௐEXWௐSULRUௐDSSURYDOௐLVௐUHTXLUHG
$UHௐWKHUHௐDQ\ௐJHRJUDSKLFௐUHJLRQVௐRIௐWKHௐ8QLWHGௐ6WDWHVௐRUௐ
&DQDGDௐ DVௐDSSOLFDEOH ௐIRUௐZKLFKௐ\RXௐFDQQRWௐSURYLGHௐDௐ
FHUWLILHGௐWHFKQLFLDQௐWRௐSHUIRUPௐZDUUDQW\ௐUHSDLUV"ௐௐ+RZௐZLOOௐ
6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐWKHVHௐUHJLRQVௐEHௐSURYLGHGௐ
VHUYLFHௐIRUௐZDUUDQW\ௐUHSDLU"
7KLVௐPD\ௐYDU\ௐIURPௐPDQXIDFWXUHUௐWRௐPDQXIDFWXUHUௐ7KXVௐZHௐHQFRXUDJHௐPHPEHUVௐWRௐFDOOௐLQௐ
SULRUௐWRௐSXUFKDVHௐDQGௐLQTXLUHௐDERXWௐWKHLUௐVSHFLILFௐUHJLRQௐDQGௐKRZௐWKHLUௐZDUUDQW\ௐUHSDLUVௐZLOOௐ
EHௐFRYHUHGௐZLWKௐWKHLUௐPDQXIDFWXUHU
:LOOௐ\RXௐFRYHUௐZDUUDQW\ௐVHUYLFHௐIRUௐLWHPVௐPDGHௐE\ௐRWKHUௐ
PDQXIDFWXUHUVௐWKDWௐDUHௐSDUWௐRIௐ\RXUௐSURSRVDOௐRUௐDUHௐWKHVHௐ
ZDUUDQWLHVௐLVVXHVௐW\SLFDOO\ௐSDVVHGௐRQௐWRௐWKHௐRULJLQDOௐ
HTXLSPHQWௐPDQXIDFWXUHU"
$OOௐZDUUDQWLHVௐDUHௐW\SLFDOO\ௐSDVVHGௐRQௐWRௐWKHௐRULJLQDOௐHTXLSPHQWௐPDQXIDFWXUHUௐDQGௐDQ\ௐXSILWௐ
ZDUUDQW\ௐZLOOௐEHௐSDVVHGௐRQௐWRௐWKHௐXSILWWHUௐWRௐSHUIRUP
:KDWௐDUHௐ\RXUௐSURSRVHGௐH[FKDQJHௐDQGௐUHWXUQௐSURJUDPVௐDQGௐ
SROLFLHV"
,IௐDௐPHPEHUௐFKDQJHVௐWKHLUௐPLQGௐ1$)*ௐZLOOௐTXLFNO\ௐPDNHௐHYHU\ௐHIIRUWௐWRௐFKDQJHௐRUௐFDQFHOௐ
WKHௐRUGHUௐZLWKௐWKHௐIDFWRU\ௐ+RZHYHUௐRQFHௐWKHௐPDQXIDFWXUHUௐEHJLQVௐSURGXFLQJௐWKHௐYHKLFOHௐWKHUHௐ
DUHௐQRௐFKDQJHVௐH[FKDQJHVௐRUௐUHIXQGVௐDYDLODEOHௐ7KHௐRUGHUௐLVௐWKHQௐGHHPHGௐQRQFDQFHOODEOHௐ
7KLVௐLQFOXGHVௐDQ\ௐXSILWௐHTXLSPHQWௐDQௐXSILWWHUௐKDVௐRUGHUHGௐIRUௐWKHௐXQLW
'HVFULEHௐDQ\ௐVHUYLFHௐFRQWUDFWௐRSWLRQVௐIRUௐWKHௐLWHPVௐLQFOXGHGௐ
LQௐ\RXUௐSURSRVDO
1$)*ௐRIIHUVௐDQ\ௐDQGௐDOOௐPDQXIDFWXUHUௐVHUYLFHௐFRQWUDFWVௐIRUௐDOOௐPHPEHUVௐ7KHUHௐDUHௐVHYHUDOௐ
SDUDPHWHUVௐLQௐZKLFKௐDௐVHUYLFHௐFRQWUDFWௐPD\ௐEHௐFXVWRPL]DEOHௐ7KHVHௐFXVWRPL]HGௐVHUYLFHௐ
FRQWUDFWVௐZLOOௐEHௐWUHDWHGௐDVௐDGGௐIDFWRU\ௐRSWLRQVௐDQGௐIROORZLQJௐWKHௐVDPHௐGLVFRXQWௐVFKHGXOHௐ
SURYLGHGௐLQௐWKHௐSULFLQJௐILOH
7DEOH % 3HUIRUPDQFH6WDQGDUGVRU*XDUDQWHHV
'HVFULEHLQGHWDLO\RXUSHUIRUPDQFHVWDQGDUGVRUJXDUDQWHHVLQFOXGLQJFRQGLWLRQVDQGUHTXLUHPHQWVWRTXDOLI\FODLPVSURFHGXUHDQGRYHUDOOVWUXFWXUH<RXPD\
XSORDGUHSUHVHQWDWLYHVDPSOHVRI\RXUSHUIRUPDQFHPDWHULDOV LIDSSOLFDEOH LQWKHGRFXPHQWXSORDGVHFWLRQRI\RXUUHVSRQVHLQDGGLWLRQWRUHVSRQGLQJWRWKH
TXHVWLRQVEHORZ
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
'HVFULEHௐDQ\ௐSHUIRUPDQFHௐVWDQGDUGVௐRUௐJXDUDQWHHVௐ
WKDWௐDSSO\ௐWRௐ\RXUௐVHUYLFHV
7KHௐRQO\ௐJXDUDQWHHௐZHௐFDQௐHYHUௐSURYLGHௐLVௐWKHௐJXDUDQWHHௐWKDWௐZHௐZLOOௐWUHDWௐDQGௐKHOSௐHYHU\ௐPHPEHUௐ
WKDWௐFRQWDFWVௐZLWKௐUHVSHFWௐLQWHJULW\ௐDQGௐSURIHVVLRQDOLVP
'HVFULEHௐDQ\ௐVHUYLFHௐVWDQGDUGVௐRUௐJXDUDQWHHVௐWKDWௐ
DSSO\ௐWRௐ\RXUௐVHUYLFHVௐ SROLFLHVௐPHWULFVௐ.3,VௐHWF
1$)*ௐDQGௐVWDIIௐXSKROGௐKLJKௐVWDQGDUGVௐZLWKௐKRZௐZHௐSURYLGHௐVHUYLFHௐWRௐWKHௐPHPEHUVௐQRWௐRQO\ௐKROGLQJௐ
HDFKௐRWKHUௐDFFRXQWDEOHௐEXWௐE\ௐHPEUDFLQJௐPHPEHUௐIHHGEDFNௐRIௐKRZௐZHௐFDQௐLPSURYHௐ7KHQௐZHௐDFWௐ
XSRQௐLWௐDQGௐLPSOHPHQWௐLPSURYHPHQWV
7DEOH 3D\PHQW7HUPVDQG)LQDQFLQJ2SWLRQV
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
'HVFULEHௐ\RXUௐSD\PHQWௐWHUPVௐDQGௐDFFHSWHGௐSD\PHQWௐ
PHWKRGV"
6WDQGDUGௐSD\PHQWௐWHUPVௐDUHௐ1HWௐௐZLWKௐDௐௐ±ௐGD\ௐJUDFHௐSHULRG
'HVFULEHௐDQ\ௐOHDVLQJௐRUௐILQDQFLQJௐRSWLRQVௐDYDLODEOHௐIRUௐ
XVHௐE\ௐHGXFDWLRQDOௐRUௐJRYHUQPHQWDOௐHQWLWLHV
ௐ,QௐRUGHUௐWRௐSURYLGHௐOHDVLQJௐRUௐILQDQFLQJௐRSWLRQVௐ1$)*ௐKDVௐSDUWQHUHGௐZLWKௐ1DWLRQDOௐ&RRSHUDWLYHௐ/HDVLQJௐWRௐ
RIIHUௐOHDVLQJௐWHUPVௐIRUௐ6RXUFHZHOOௐPHPEHUVௐIRUௐDOOௐ1$)*ௐTXRWHVௐXQGHUௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐ)RUௐIXUWKHUௐ
UHYLHZௐZHௐKDYHௐDWWDFKHGௐDௐ3')ௐFDOOHGௐ³1&/ௐ6DPSOHௐ/HDVH´ௐLQௐWKHௐ³0HPEHUௐ:DONௐ7KURXJK´ௐ=LSௐILOH
'HVFULEHௐDQ\ௐVWDQGDUGௐWUDQVDFWLRQௐGRFXPHQWVௐWKDWௐ\RXௐ
SURSRVHௐWRௐXVHௐLQௐFRQQHFWLRQௐZLWKௐDQௐDZDUGHGௐFRQWUDFWௐ
RUGHUௐIRUPVௐWHUPVௐDQGௐFRQGLWLRQVௐVHUYLFHௐOHYHOௐ
DJUHHPHQWVௐHWF ௐ8SORDGௐDௐVDPSOHௐRIௐHDFKௐ DVௐ
DSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐ
UHVSRQVH
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS¶VௐWUDQVDFWLRQௐSURFHVVௐ 3XUFKDVHௐ2UGHU ௐLVௐFORVHO\ௐWUDFNHGௐZHOOௐGRFXPHQWHGௐDQGௐ
QHDWO\ௐRUJDQL]HGௐWRௐPRQLWRUௐHDFKௐWUDQVDFWLRQௐSHUIRUPHGௐWKURXJKௐRXUௐ6RXUFHZHOOௐ&RQWUDFWௐ7KLVௐZD\ௐ1$)*ௐPD\ௐ
SURGXFHௐVZLIWௐDQGௐDFFXUDWHௐTXDUWHUO\ௐUHSRUWLQJ
'Rௐ\RXௐDFFHSWௐWKHௐ3FDUGௐSURFXUHPHQWௐDQGௐSD\PHQWௐ
SURFHVV"ௐ,IௐVRௐLVௐWKHUHௐDQ\ௐDGGLWLRQDOௐFRVWௐWRௐ
6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐIRUௐXVLQJௐWKLVௐSURFHVV"
<HVௐ1$)*ௐDFFHSWVௐXSௐWRௐௐSHUௐYHKLFOHௐ+RZHYHUௐDQ\ௐGROODUௐDPRXQWௐKLJKHUௐWKDQௐௐZLOOௐUHTXLUHௐDௐ3
FDUGௐ&UHGLWௐ&DUGௐWUDQVDFWLRQDOௐIHHௐWKDWௐZRXOGௐEHௐSDVVHGௐRQWRௐWKHௐPHPEHU
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
39
7DEOH 3ULFLQJDQG'HOLYHU\
3URYLGHGHWDLOHGSULFLQJLQIRUPDWLRQLQWKHTXHVWLRQVWKDWIROORZEHORZ.HHSLQPLQGWKDWUHDVRQDEOHSULFHDQGSURGXFWDGMXVWPHQWVFDQEHPDGHGXULQJWKHWHUPRI
DQDZDUGHG&RQWUDFWDVGHVFULEHGLQWKH5)3WKHWHPSODWH&RQWUDFWDQGWKH6RXUFHZHOO3ULFHDQG3URGXFW&KDQJH5HTXHVW)RUP
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
'HVFULEHௐ\RXUௐSULFLQJௐPRGHOௐ HJௐOLQHLWHPௐGLVFRXQWVௐRUௐSURGXFWFDWHJRU\ௐ
GLVFRXQWV ௐ3URYLGHௐGHWDLOHGௐSULFLQJௐGDWDௐ LQFOXGLQJௐVWDQGDUGௐRUௐOLVWௐ
SULFLQJௐDQGௐWKHௐ6RXUFHZHOOௐGLVFRXQWHGௐSULFH ௐRQௐDOOௐRIௐWKHௐLWHPVௐWKDWௐ\RXௐ
ZDQWௐ6RXUFHZHOOௐWRௐFRQVLGHUௐDVௐSDUWௐRIௐ\RXUௐ5)3ௐUHVSRQVHௐ,IௐDSSOLFDEOHௐ
SURYLGHௐDௐ6.8ௐIRUௐHDFKௐLWHPௐLQௐ\RXUௐSURSRVDOௐ8SORDGௐ\RXUௐSULFLQJௐ
PDWHULDOVௐ LIௐDSSOLFDEOH ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐLVௐRIIHULQJௐ/LQH,WHPௐ'LVFRXQWVௐ2IIௐ0DQXIDFWXUHௐ
6XJJHVWHGௐ5HWDLOௐ3ULFHௐIRUௐௐPDQXIDFWXUHUVௐWKDWௐLVௐGHWDLOHGௐLQௐWKHௐ3ULFHௐ)LOHௐ
1$)*ௐZLOOௐDOVRௐRIIHUௐDQ\ௐ8SILWVௐWRௐEHௐDGGHGௐWRௐDQ\ௐDQGௐDOOௐYHKLFOHV¶ௐWKDWௐPHPEHUVௐ
ZLVKௐWRௐDGGௐ'HWDLOVௐDUHௐORFDWHGௐRQௐWKHௐ3ULFHௐ6XPPDU\ௐ3DJHௐLQௐWKHௐ3ULFHௐ)LOH
4XDQWLI\ௐWKHௐSULFLQJௐGLVFRXQWௐUHSUHVHQWHGௐE\ௐWKHௐSULFLQJௐSURSRVDOௐLQௐWKLVௐ
UHVSRQVHௐ)RUௐH[DPSOHௐLIௐWKHௐSULFLQJௐLQௐ\RXUௐUHVSRQVHௐUHSUHVHQWVௐDௐ
SHUFHQWDJHௐGLVFRXQWௐIURPௐ0653ௐRUௐOLVWௐVWDWHௐWKHௐSHUFHQWDJHௐRUௐ
SHUFHQWDJHௐUDQJH
1$)*ௐKDVௐDQௐSURYLGHGௐRIIHULQJVௐIURPௐௐ%UDQGV2(06ௐDQGௐWKHUHௐUHVSHFWLYHௐ
SHUFHQWDJHௐRIIௐYDU\ௐDQGௐDUHௐGHWDLOHGௐLQௐWKHௐ3ULFHௐ)LOHௐ]LSௐ
(DFKௐ0DQXIDFWXUHௐ5DQJHௐLVௐGHWDLOHGௐLQௐWKHௐWDEVௐEHORZௐKHUHௐLVௐDQௐ
RYHUYLHZௐௐௐௐௐௐௐௐௐௐௐௐ
&KHYUROHWௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ
)RUGௐ0RWRUௐ&RPSDQ\ௐIURPௐ ௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ
*0&ௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ
5DPௐIURPௐ ௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ
'RGJHௐIURPௐ ௐWRௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ
-HHSௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ
&KU\VOHUௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ
7R\RWDௐIURPௐௐWRௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ
+RQGDௐIURPௐௐWRௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ
1LVVDQௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ
%XLFNௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐ
.LDௐIURPௐ ௐWRௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ
%0:ௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ
&DGLOODFௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐௐ
9RONVZDJHQௐIURPௐௐWRௐௐ
'HVFULEHௐDQ\ௐTXDQWLW\ௐRUௐYROXPHௐGLVFRXQWVௐRUௐUHEDWHௐSURJUDPVௐWKDWௐ\RXௐ
RIIHU
,IௐFOLHQWVௐDUHௐFRQVLGHULQJௐDQௐRUGHUௐRIௐௐRUௐPRUHௐXQLWVௐZHௐHQFRXUDJHௐPHPEHUVௐ
WRௐFRQWDFWௐXVௐIRUௐDQ\ௐDGGLWLRQDOௐGLVFRXQWHGௐTXRWHV
3URSRVHௐDௐPHWKRGௐRIௐIDFLOLWDWLQJௐ³VRXUFHG´ௐSURGXFWVௐRUௐUHODWHGௐVHUYLFHVௐ
ZKLFKௐPD\ௐEHௐUHIHUUHGௐWRௐDVௐ³RSHQௐPDUNHW´ௐLWHPVௐRUௐ³QRQVWDQGDUGௐ
RSWLRQV´ௐ)RUௐH[DPSOHௐ\RXௐPD\ௐVXSSO\ௐVXFKௐLWHPVௐ³DWௐFRVW´ௐRUௐ³DWௐFRVWௐ
SOXVௐDௐSHUFHQWDJH´ௐRUௐ\RXௐPD\ௐVXSSO\ௐDௐTXRWHௐIRUௐHDFKௐVXFKௐUHTXHVW
³2SHQௐ0DUNHW´ௐSURGXFWVௐRUௐ³6RXUFHGௐ*RRGV´ௐZLOOௐEHௐFRQVLGHUHGௐDQGௐWUHDWHGௐDVௐ
UHJXODUௐXSILWVௐ+RZHYHUௐWKH\ௐPD\ௐEHௐTXRWHGௐXSௐWRௐDௐௐPDUNௐXSௐLIௐDSSOLFDEOH
,GHQWLI\ௐDQ\ௐHOHPHQWௐRIௐWKHௐWRWDOௐFRVWௐRIௐDFTXLVLWLRQௐWKDWௐLVௐ127ௐLQFOXGHGௐ
LQௐWKHௐSULFLQJௐVXEPLWWHGௐZLWKௐ\RXUௐUHVSRQVHௐ7KLVௐLQFOXGHVௐDOOௐDGGLWLRQDOௐ
FKDUJHVௐDVVRFLDWHGௐZLWKௐDௐSXUFKDVHௐWKDWௐDUHௐQRWௐGLUHFWO\ௐLGHQWLILHGௐDVௐ
IUHLJKWௐRUௐVKLSSLQJௐFKDUJHVௐ)RUௐH[DPSOHௐOLVWௐFRVWVௐIRUௐLWHPVௐOLNHௐSUH
GHOLYHU\ௐLQVSHFWLRQௐLQVWDOODWLRQௐVHWௐXSௐPDQGDWRU\ௐWUDLQLQJௐRUௐLQLWLDOௐ
LQVSHFWLRQௐ,GHQWLI\ௐDQ\ௐSDUWLHVௐWKDWௐLPSRVHௐVXFKௐFRVWVௐDQGௐWKHLUௐ
UHODWLRQVKLSௐWRௐWKHௐ3URSRVHU
$OOௐFRQVLGHUDWLRQVௐKDYHௐDOUHDG\ௐEHHQௐWDNHQௐLQWRௐDFFRXQWௐLQௐLWVௐHQWLUHO\ௐ7KHௐ3ULFHௐ
6XPPDU\ௐ3DJHௐDQGௐ3ULFHௐ7DEOHௐFRQWDLQHGௐLQௐWKHௐSULFHௐILOHௐLQFOXGHVௐDOOௐFRQVLGHUHGௐ
FRVWVௐ$OWKRXJKௐLIௐDௐPHPEHUௐUHTXHVWHGௐDௐVSHFLDOL]HGௐTXRWHௐIRUௐDௐXQLTXHௐVLWXDWLRQௐ
WKDWௐUHTXLUHVௐVSHFLDOௐWUDLQLQJௐGLUHFWLRQௐRUௐLQVWDOODWLRQௐWKHௐDGGLWLRQDOௐFRVWVௐZRXOGௐEHௐ
DGGHGௐDVௐDௐSDUWௐRIௐWKHௐXSILWௐDQGௐWKHQௐLQFOXGHGௐLQVLGHௐWKHௐPHPEHU¶VௐTXRWH
,IௐIUHLJKWௐGHOLYHU\ௐRUௐVKLSSLQJௐLVௐDQௐDGGLWLRQDOௐFRVWௐWRௐWKHௐ6RXUFHZHOOௐ
SDUWLFLSDWLQJௐHQWLW\ௐGHVFULEHௐLQௐGHWDLOௐWKHௐFRPSOHWHௐIUHLJKWௐVKLSSLQJௐDQGௐ
GHOLYHU\ௐSURJUDP
$OOௐPDQXIDFWXUHVௐFKDUJHௐDௐVWDQGDUGௐ³)DFWRU\ௐ'HVWLQDWLRQௐ&KDUJH´ௐ+RZHYHUௐWKDWௐLVௐ
VHSDUDWHௐIURPௐWKHௐIUHLJKWGHVWLQDWLRQௐFRVWௐWKDWௐPHPEHUVௐPD\ௐLQFXUௐWRௐVKLSௐDௐYHKLFOHௐ
WRௐDQGௐIURPௐDQௐLQVWDOOHUௐLIௐDSSOLFDEOHௐ7KHVHௐVXEVHTXHQWௐORFDWLRQDOௐPRYHPHQWVௐPD\ௐ
EDUHௐDGGLWLRQDOௐIUHLJKWௐFRVWVௐWKDWௐZLOOௐEHௐRXWOLQHGௐZLWKLQௐWKHௐPHPEHUVௐTXRWHௐIRUௐ
WKHLUௐUHYLHZௐSULRUௐWRௐSXUFKDVH
6SHFLILFDOO\ௐGHVFULEHௐIUHLJKWௐVKLSSLQJௐDQGௐGHOLYHU\ௐWHUPVௐRUௐSURJUDPVௐ
DYDLODEOHௐIRUௐ$ODVNDௐ+DZDLLௐ&DQDGDௐRUௐDQ\ௐRIIVKRUHௐGHOLYHU\
)UHLJKWௐVKLSSLQJௐDQGௐGHOLYHU\ௐWHUPVௐDPRQJௐWKHVHௐUHJLRQVௐVRPHWLPHVௐFDUU\ௐ
DGGLWLRQDOௐORJLVWLFDOௐFKDUJHVௐIRUௐDGGHGௐIHUU\ௐSRUWௐDQGௐGULYHUௐFRVWVௐIURPௐERWKௐWRௐDQGௐ
IURPௐWKHௐPDLQODQGௐ7KHVHௐDGGHGௐFRVWVௐZLOOௐEHௐGLVFORVHGௐRQௐWKHௐTXRWHௐIRUௐ
PHPEHUVௐWRௐUHYLHZௐDQGௐDSSURYHௐSULRUௐWRௐSXUFKDVH
'HVFULEHௐDQ\ௐXQLTXHௐGLVWULEXWLRQௐDQGRUௐGHOLYHU\ௐPHWKRGVௐRUௐRSWLRQVௐ
RIIHUHGௐLQௐ\RXUௐSURSRVDO
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐDOUHDG\ௐKDVௐDௐZHOOHVWDEOLVKHGௐ$XWRPRELOHௐ)UDQFKLVHௐ
'LVWULEXWLRQௐ1HWZRUNௐWKDWௐDOORZVௐIRUௐVZLIWௐDQGௐUHODWLYHO\ௐVHDPOHVVௐGHOLYHU\ௐWRௐ
PHPEHUVௐDQGௐWKHLUௐHQGௐXVHUV
7DEOH 3ULFLQJ2IIHUHG
/LQH
,WHP 7KH3ULFLQJ2IIHUHGLQWKLV3URSRVDOLV
&RPPHQWV
FEHWWHUWKDQWKH3URSRVHUW\SLFDOO\RIIHUVWR*32VFRRSHUDWLYHSURFXUHPHQWRUJDQL]DWLRQVRUVWDWHSXUFKDVLQJGHSDUWPHQWV 1$)*ௐ6WULYHVௐWRௐRIIHUௐWKHௐEHVWௐ
RYHUDOOௐYDOXHௐWRௐWKHௐPHPEHUௐZLWKௐ
HDFKௐDQGௐHYHU\ௐTXRWH
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
40
7DEOH $XGLWDQG$GPLQLVWUDWLYH)HH
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
6SHFLILFDOO\ௐGHVFULEHௐDQ\ௐVHOIDXGLWௐSURFHVVௐRUௐSURJUDPௐWKDWௐ\RXௐSODQௐWRௐHPSOR\ௐ
WRௐYHULI\ௐFRPSOLDQFHௐZLWKௐ\RXUௐSURSRVHGௐ&RQWUDFWௐZLWKௐ6RXUFHZHOOௐ7KLVௐSURFHVVௐ
LQFOXGHVௐHQVXULQJௐWKDWௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐREWDLQௐWKHௐSURSHUௐSULFLQJௐ
WKDWௐWKHௐ9HQGRUௐUHSRUWVௐDOOௐVDOHVௐXQGHUௐWKHௐ&RQWUDFWௐHDFKௐTXDUWHUௐDQGௐWKDWௐWKHௐ
9HQGRUௐUHPLWVௐWKHௐSURSHUௐDGPLQLVWUDWLYHௐIHHௐWRௐ6RXUFHZHOOௐ3URYLGHௐVXIILFLHQWௐGHWDLOௐ
WRௐVXSSRUWௐ\RXUௐDELOLW\ௐWRௐUHSRUWௐTXDUWHUO\ௐVDOHVௐWRௐ6RXUFHZHOOௐDVௐGHVFULEHGௐLQௐWKHௐ
&RQWUDFWௐWHPSODWH
6RXUFHZHOOௐSDUWLFLSDWLQJௐPHPEHUVௐDUHௐDEOHௐWRௐREWDLQௐSURSHUௐSULFLQJௐGLUHFWO\ௐ
IURPௐRXUௐZHEVLWHௐZKHUHௐWKH\ௐDUHௐDEOHௐWRௐXVHௐRXUௐXVHUIULHQGO\ௐGHVLJQௐWRௐ
EXLOGௐDQGௐSULFHௐWKHLUௐYHKLFOHVௐ7KHௐ1$)*ௐLVௐXSGDWHGௐGDLO\ௐWRௐUHIOHFWௐ
XSGDWHGௐPDQXIDFWXUHUௐ0653ௐLQIRUPDWLRQௐ2XUௐV\VWHPௐZLOOௐSURYLGHௐPHPEHUVௐ
ZLWKௐDQௐDFFXUDWHௐTXRWHௐ ௐRIௐWKHௐWLPHௐ,QௐDGGLWLRQௐ1$)*ௐKDVௐDௐ
VWUHDPௐOLQHௐDQGௐRUJDQL]HGௐSURFHVVௐKDWௐFDOFXODWHVௐDGPLQLVWUDWLYHௐIHHVௐDQGௐ
DOORZVௐ1$)*ௐWRௐJLYHௐDௐWXUQDURXQGௐWLPHௐRIௐௐ±ௐௐGD\VௐIRUௐTXDUWHUO\ௐ
UHSRUWV
,Iௐ\RXௐDUHௐDZDUGHGௐDௐFRQWUDFWௐSURYLGHௐDௐIHZௐH[DPSOHVௐRIௐLQWHUQDOௐPHWULFVௐWKDWௐ
ZLOOௐEHௐWUDFNHGௐWRௐPHDVXUHௐZKHWKHUௐ\RXௐDUHௐKDYLQJௐVXFFHVVௐZLWKௐWKHௐFRQWUDFW
2QHௐRIௐWKHௐLQWHUQDOௐPHWULFVௐ1$)*ௐXVHVௐWRௐWUDFNௐDQGௐPHDVXUHௐVXFFHVVௐ
ZLWKௐWKHௐ6RXUFHZHOOௐ&RQWUDFWௐLVௐPDLQWDLQHGௐWKURXJKௐRXUௐZHEVLWHௐ2XUௐ
ZHEVLWHௐNHHSVௐDௐGHWDLOHGௐORJௐRIௐTXRWHVௐWKDWௐPHPEHUVௐDUHௐJHQHUDWLQJௐ:Hௐ
RYHUVHHௐDQGௐNHHSௐWUDFNௐRIௐKRZௐPDQ\ௐTXRWHVௐDUHௐEHLQJௐJHQHUDWHGௐDQGௐ
ZKLFKௐTXRWHVௐDUHௐPHWௐZLWKௐDௐSXUFKDVHௐRUGHUௐ(YHU\ௐPRQWKௐZHௐHYDOXDWHௐRXUௐ
VDOHVௐLQGLFDWRUVௐDQGௐFORVHO\ௐPRQLWRUௐWKHௐYROXPHௐDQGௐIUHTXHQF\ௐRIௐVDOHVௐ
2QHௐH[DPSOHௐLVௐE\ௐHYDOXDWLQJௐZKLFKௐPHPEHUVௐDUHௐSXUFKDVLQJௐIURPௐRXUௐ
SODWIRUPௐ±ௐQHZௐPHPEHUVௐRUௐIUHTXHQWௐPHPEHUVௐWRௐHQVXUHௐZHௐDUHௐJURZLQJௐ
RXUௐPHPEHUௐEDVHௐ:HௐXVHௐWKHVHௐPHWULFVௐWRௐPHDVXUHௐRXUௐSURMHFWHGௐJURZWKௐ
UDWHௐDQGௐZRUNௐWRௐH[FHHGௐRXUௐH[SHFWDWLRQV
,GHQWLI\ௐDௐSURSRVHGௐDGPLQLVWUDWLYHௐIHHௐWKDWௐ\RXௐZLOOௐSD\ௐWRௐ6RXUFHZHOOௐIRUௐ
IDFLOLWDWLQJௐPDQDJLQJௐDQGௐSURPRWLQJௐWKHௐ6RXUFHZHOOௐ&RQWUDFWௐLQௐWKHௐHYHQWௐWKDWௐ
\RXௐDUHௐDZDUGHGௐDௐ&RQWUDFWௐௐ7KLVௐIHHௐLVௐW\SLFDOO\ௐFDOFXODWHGௐDVௐDௐSHUFHQWDJHௐRIௐ
9HQGRU¶VௐVDOHVௐXQGHUௐWKHௐ&RQWUDFWௐRUௐDVௐDௐSHUXQLWௐIHH ௐLWௐLVௐQRWௐDௐOLQHLWHPௐ
DGGLWLRQௐWRௐWKHௐ0HPEHU¶VௐFRVWௐRIௐJRRGVௐ 6HHௐWKHௐ5)3ௐDQGௐWHPSODWHௐ&RQWUDFWௐIRUௐ
DGGLWLRQDOௐGHWDLOV
1$)*ௐZLOOௐVXEPLWௐௐௐSHUௐYHKLFOHௐSXUFKDVHGௐWKURXJKௐ1$)*ௐDQGௐௐௐ
SHUௐYHKLFOHௐSXUFKDVHGௐWKRXJKௐRXUௐSDUWQHUௐGHDOHUௐ$ODQௐ-D\ௐ$XWRPRWLYHௐ)RUௐ
WKHௐSXUSRVHௐRIௐDQௐDGPLQௐIHHௐWKHUHௐDUHௐQRௐRWKHUௐSDUWQHUௐGHDOHUௐJURXSVௐ
FRQVLGHUHG
7DEOH$ 'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
3URYLGHௐDௐGHWDLOHGௐGHVFULSWLRQௐRIௐWKHௐHTXLSPHQWௐ
SURGXFWVௐDQGௐVHUYLFHVௐWKDWௐ\RXௐDUHௐRIIHULQJௐLQௐ\RXUௐ
SURSRVDO
1$)*ௐKDVௐSURYLGHGௐDௐ³0RGHOௐ5ROOௐ2XW´ௐ&KDUWVௐLQௐWKHௐ³3ULFHௐ)LOH´ௐ]LSௐEXWௐRIௐWKHௐௐPDQXIDFWXUHUVௐZHௐ
UHSUHVHQWௐWKH\ௐKDYHௐRYHUௐௐPDNHVௐDQGௐPRGHOVௐIRUௐPHPEHUVௐWRௐFKRRVHௐIURPௐWKDWௐUDQJHௐIURPௐ&ODVVௐ
ௐDQGௐVXSSRUWLQJௐ&ODVVௐௐ&DEௐDQGௐ&KDVVLVௐWUXFNVௐ1$)*¶VௐSODWIRUPVௐFDQௐDGGௐDQ\ௐXSILWௐRIௐWKHLUௐ
FKRRVLQJௐUDQJLQJௐIURPௐWRROER[HVௐWRௐ/LQHௐ0HFKDQLFௐ%RGLHVௐ$Q\ௐDQGௐDOOௐXSILWVௐFDQௐEHௐDGGHGௐWRௐDQ\ௐ
RQHௐRIௐRXUௐYHKLFOHVௐWKURXJKௐRQHௐRIௐRXUௐXSILWௐSDUWQHUௐVXSSOLHUVௐRUௐE\ௐDQௐXSILWௐVXSSOLHUௐRIௐWKHௐPHPEHUVௐ
FKRRVLQJௐ1$)*ௐDQGௐWKHௐVXSSOLHUௐZLOOௐZRUNௐWRJHWKHUௐWRௐVXSSO\ௐPHPEHUVௐZLWKௐWXUQNH\ௐTXRWHV
:LWKLQௐWKLVௐ5)3ௐFDWHJRU\ௐWKHUHௐPD\ௐEHௐVXEFDWHJRULHVௐ
RIௐVROXWLRQVௐ/LVWௐVXEFDWHJRU\ௐWLWOHVௐWKDWௐEHVWௐGHVFULEHௐ
\RXUௐSURGXFWVௐDQGௐVHUYLFHV
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐOLVWVௐWKHௐPDNHVௐDQGௐPRGHOVௐRIௐDOOௐௐPDQXIDFWXUHUVௐZHௐUHSUHVHQWௐXQGHUௐWKHௐ
=,3ௐ)LOHௐ³$OOௐௐ0DQXIDFWXUHV´ௐௐ7KHVHௐௐ2(0VௐPDNHௐXSௐRYHUௐௐFRPELQHGௐPDNHVௐPRGHOVௐDQGௐ
HQJLQHௐFRPELQDWLRQVௐIRUௐPHPEHUVௐWRௐVHOHFWௐIURPௐDORQJௐZLWKௐVHYHUDOௐVXEWLWOHௐ³8SILWV´ௐGHWDLOHGௐIRUௐ
PHPEHUVௐLQௐWKHௐSULFHௐILOH
7DEOH% 'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV
,QGLFDWHEHORZLIWKHOLVWHGW\SHVRUFODVVHVRIHTXLSPHQWSURGXFWVDQGVHUYLFHVDUHRIIHUHGZLWKLQ\RXUSURSRVDO3URYLGHDGGLWLRQDOFRPPHQWVLQWKHWH[WER[
SURYLGHGDVQHFHVVDU\
/LQH,WHP &DWHJRU\RU7\SH 2IIHUHG
&RPPHQWV
$XWRPRELOHV <HV
1R
ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ
PDNHVௐDQGௐPRGHOV
6SRUWௐ8WLOLW\ௐ9HKLFOHV <HV
1R
ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ
PDNHVௐDQGௐPRGHOV
9DQV <HV
1R
ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ
PDNHVௐDQGௐPRGHOV
7UXFNV <HV
1R
ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ
PDNHVௐDQGௐPRGHOV
9HKLFOHVௐGHVFULEHGௐLQௐ/LQHVௐௐDERYHௐIRUௐ3XEOLFௐ6DIHW\ௐ
DSSOLFDWLRQV
<HV
1R
ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ
PDNHVௐDQGௐPRGHOV
&RQYHQWLRQDOௐLQWHUQDOௐFRPEXVWLRQௐPRGHOV <HV
1R
ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ
PDNHVௐDQGௐPRGHOV
1DWXUDOௐJDVௐRUௐSURSDQHௐDXWRJDVௐK\EULGௐRUௐDOWHUQDWLYHௐIXHOௐ
PRGHOV
<HV
1R
ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ
PDNHVௐDQGௐPRGHOV
(OHFWULFௐSRZHUHGௐPRGHOV <HV
1R
ௐ0DQXIDFWXUHUVௐWRWDOLQJௐZHOOௐDERYHௐௐ
PDNHVௐDQGௐPRGHOV
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
41
7DEOH ([FHSWLRQVWR7HUPV&RQGLWLRQVRU6SHFLILFDWLRQV)RUP
/LQH,WHP127,&( 7RLGHQWLI\DQ\H[FHSWLRQRUWRUHTXHVWDQ\PRGLILFDWLRQWRWKH6RXUFHZHOOWHPSODWH&RQWUDFWWHUPVFRQGLWLRQVRUVSHFLILFDWLRQVD
3URSRVHUPXVWVXEPLWWKHH[FHSWLRQRUUHTXHVWHGPRGLILFDWLRQRQWKH([FHSWLRQVWR7HUPV&RQGLWLRQVRU6SHFLILFDWLRQV)RUPLPPHGLDWHO\EHORZ7KHFRQWUDFW
VHFWLRQWKHVSHFLILFWH[WDGGUHVVHGE\WKHH[FHSWLRQRUUHTXHVWHGPRGLILFDWLRQDQGWKHSURSRVHGPRGLILFDWLRQPXVWEHLGHQWLILHGLQGHWDLO3URSRVHU
VH[FHSWLRQVDQG
SURSRVHGPRGLILFDWLRQVDUHVXEMHFWWRUHYLHZDQGDSSURYDORI6RXUFHZHOODQGZLOOQRWDXWRPDWLFDOO\EHLQFOXGHGLQWKHFRQWUDFW
&RQWUDFW6HFWLRQ 7HUP&RQGLWLRQRU6SHFLILFDWLRQ ([FHSWLRQRU3URSRVHG0RGLILFDWLRQ
'RFXPHQWV
(QVXUH\RXUVXEPLVVLRQGRFXPHQW V FRQIRUPVWRWKHIROORZLQJ
'RFXPHQWVLQ3')IRUPDWDUHSUHIHUUHG'RFXPHQWVLQ:RUG([FHORUFRPSDWLEOHIRUPDWVPD\DOVREHSURYLGHG
'RFXPHQWVVKRXOG127KDYHDVHFXULW\SDVVZRUGDV6RXUFHZHOOPD\QRWEHDEOHWRRSHQWKHILOH,WLV\RXUVROHUHVSRQVLELOLW\WRHQVXUHWKDWWKHXSORDGHG
GRFXPHQW V DUHQRWHLWKHUGHIHFWLYHFRUUXSWHGRUEODQNDQGWKDWWKHGRFXPHQWVFDQEHRSHQHGDQGYLHZHGE\6RXUFHZHOO
6RXUFHZHOOPD\UHMHFWDQ\UHVSRQVHZKHUHDQ\GRFXPHQW V FDQQRWEHRSHQHGDQGYLHZHGE\6RXUFHZHOO
,I\RXQHHGWRXSORDGPRUHWKDQRQH GRFXPHQWIRUDVLQJOHLWHP\RXVKRXOGFRPELQHWKHGRFXPHQWVLQWRRQH]LSSHGILOH,IWKH]LSSHGILOHFRQWDLQVPRUHWKDQ
RQH GRFXPHQWHQVXUHHDFKGRFXPHQWLVQDPHGLQUHODWLRQWRWKHVXEPLVVLRQIRUPDWLWHPUHVSRQGLQJWR)RUH[DPSOHLIUHVSRQGLQJWRWKH0DUNHWLQJ3ODQ
FDWHJRU\VDYHWKHGRFXPHQWDV³0DUNHWLQJ3ODQ´
3ULFLQJ1$)*3ULFH)LOHIRU%LG ]LS0RQGD\6HSWHPEHU
)LQDQFLDO6WUHQJWKDQG6WDELOLW\0DUNHW6XFFHVVDQG)LQDQFLDO6WDELOLW\]LS0RQGD\6HSWHPEHU
0DUNHWLQJ3ODQ6DPSOHV0DUNHWLQJ3ODQ&RPSUHVVHG]LS7XHVGD\6HSWHPEHU
:0%(0%(6%(RU5HODWHG&HUWLILFDWHV,QVXUDQFHDQG5HODWHG'RFXPHQWV]LS7XHVGD\6HSWHPEHU
:DUUDQW\,QIRUPDWLRQ:DUUDQWLHV5)3 ]LS7XHVGD\6HSWHPEHU
6WDQGDUG7UDQVDFWLRQ'RFXPHQW6DPSOHV6WDQGDUG7UDQVDFWLRQ]LS0RQGD\6HSWHPEHU
8SORDG$GGLWLRQDO'RFXPHQW$//0DNHVDQG8SILWV]LS7XHVGD\6HSWHPEHU
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
42
$GGHQGD7HUPVDQG&RQGLWLRQV
352326(5$)),'$9,7$1'$6685$1&(2)&203/,$1&(
,FHUWLI\WKDW,DPWKHDXWKRUL]HGUHSUHVHQWDWLYHRIWKH3URSRVHUVXEPLWWLQJWKHIRUHJRLQJ3URSRVDOZLWKWKHOHJDODXWKRULW\WRELQGWKH3URSRVHUWRWKLV$IILGDYLWDQG
$VVXUDQFHRI&RPSOLDQFH
7KH3URSRVHULVVXEPLWWLQJWKLV3URSRVDOXQGHULWVIXOODQGFRPSOHWHOHJDOQDPHDQGWKH3URSRVHUOHJDOO\H[LVWVLQJRRGVWDQGLQJLQWKHMXULVGLFWLRQRILWV
UHVLGHQFH
7KH3URSRVHUZDUUDQWVWKDWWKHLQIRUPDWLRQSURYLGHGLQWKLV3URSRVDOLVWUXHFRUUHFWDQGUHOLDEOHIRUSXUSRVHVRIHYDOXDWLRQIRUFRQWUDFWDZDUG
7KH3URSRVHULQFOXGLQJDQ\SHUVRQDVVLVWLQJZLWKWKHFUHDWLRQRIWKLV3URSRVDOKDVDUULYHGDWWKLV3URSRVDOLQGHSHQGHQWO\DQGWKH3URSRVDOKDVEHHQFUHDWHG
ZLWKRXWFROOXGLQJZLWKDQ\RWKHUSHUVRQFRPSDQ\RUSDUWLHVWKDWKDYHRUZLOOVXEPLWDSURSRVDOXQGHUWKLVVROLFLWDWLRQ DQGWKH3URSRVDOKDVLQDOOUHVSHFWVEHHQ
FUHDWHGIDLUO\ZLWKRXWDQ\IUDXGRUGLVKRQHVW\7KH3URSRVHUKDVQRWGLUHFWO\RULQGLUHFWO\HQWHUHGLQWRDQ\DJUHHPHQWRUDUUDQJHPHQWZLWKDQ\SHUVRQRU
EXVLQHVVLQDQHIIRUWWRLQIOXHQFHDQ\SDUWRIWKLVVROLFLWDWLRQRURSHUDWLRQVRIDUHVXOWLQJFRQWUDFW DQGWKH3URSRVHUKDVQRWWDNHQDQ\DFWLRQLQUHVWUDLQWRIIUHH
WUDGHRUFRPSHWLWLYHQHVVLQFRQQHFWLRQZLWKWKLVVROLFLWDWLRQ$GGLWLRQDOO\LI3URSRVHUKDVZRUNHGZLWKDFRQVXOWDQWRQWKH3URSRVDOWKHFRQVXOWDQW DQLQGLYLGXDO
RUDFRPSDQ\ KDVQRWDVVLVWHGDQ\RWKHUHQWLW\WKDWKDVVXEPLWWHGRUZLOOVXEPLWDSURSRVDOIRUWKLVVROLFLWDWLRQ
7RWKHEHVWRILWVNQRZOHGJHDQGEHOLHIDQGH[FHSWDVRWKHUZLVHGLVFORVHGLQWKH3URSRVDOWKHUHDUHQRUHOHYDQWIDFWVRUFLUFXPVWDQFHVZKLFKFRXOGJLYHULVHWR
DQRUJDQL]DWLRQDOFRQIOLFWRILQWHUHVW$QRUJDQL]DWLRQDOFRQIOLFWRILQWHUHVWH[LVWVZKHQDYHQGRUKDVDQXQIDLUFRPSHWLWLYHDGYDQWDJHRUWKHYHQGRU¶VREMHFWLYLW\
LQSHUIRUPLQJWKHFRQWUDFWLVRUPLJKWEHLPSDLUHG
7KHFRQWHQWVRIWKH3URSRVDOKDYHQRWEHHQFRPPXQLFDWHGE\WKH3URSRVHURULWVHPSOR\HHVRUDJHQWVWRDQ\SHUVRQQRWDQHPSOR\HHRUOHJDOO\DXWKRUL]HG
DJHQWRIWKH3URSRVHUDQGZLOOQRWEHFRPPXQLFDWHGWRDQ\VXFKSHUVRQVSULRUWR'XH'DWHRIWKLVVROLFLWDWLRQ
,IDZDUGHGDFRQWUDFWWKH3URSRVHUZLOOSURYLGHWR6RXUFHZHOO3DUWLFLSDWLQJ(QWLWLHVWKHHTXLSPHQWSURGXFWVDQGVHUYLFHVLQDFFRUGDQFHZLWKWKHWHUPV
FRQGLWLRQVDQGVFRSHRIDUHVXOWLQJFRQWUDFW
7KH3URSRVHUSRVVHVVHVRUZLOOSRVVHVVEHIRUHGHOLYHULQJDQ\HTXLSPHQWSURGXFWVRUVHUYLFHVDOODSSOLFDEOHOLFHQVHVRUFHUWLILFDWLRQVQHFHVVDU\WRGHOLYHU
VXFKHTXLSPHQWSURGXFWVRUVHUYLFHVXQGHUDQ\UHVXOWLQJFRQWUDFW
7KH3URSRVHUDJUHHVWRGHOLYHUHTXLSPHQWSURGXFWVDQGVHUYLFHVWKURXJKYDOLGFRQWUDFWVSXUFKDVHRUGHUVRUPHDQVWKDWDUHDFFHSWDEOHWR6RXUFHZHOO
0HPEHUV8QOHVVRWKHUZLVHDJUHHGWRWKH3URSRVHUPXVWSURYLGHRQO\QHZDQGILUVWTXDOLW\SURGXFWVDQGUHODWHGVHUYLFHVWR6RXUFHZHOO0HPEHUVXQGHUDQ
DZDUGHG&RQWUDFW
7KH3URSRVHUZLOOFRPSO\ZLWKDOODSSOLFDEOHSURYLVLRQVRIIHGHUDOVWDWHDQGORFDOODZVUHJXODWLRQVUXOHVDQGRUGHUV
7KH3URSRVHUXQGHUVWDQGVWKDW6RXUFHZHOOZLOOUHMHFW5)3SURSRVDOVWKDWDUHPDUNHGFRQILGHQWLDO RUQRQSXEOLFHWF HLWKHUVXEVWDQWLDOO\RULQWKHLUHQWLUHW\
8QGHU0LQQHVRWD6WDWXWHV6HFWLRQ VXEGLYLVLRQDOOSURSRVDOVDUHFRQVLGHUHGQRQSXEOLFGDWDXQWLOWKHHYDOXDWLRQLVFRPSOHWHDQGD&RQWUDFWLV
DZDUGHG$WWKDWSRLQWSURSRVDOVEHFRPHSXEOLFGDWD0LQQHVRWD6WDWXWHV6HFWLRQSHUPLWVRQO\FHUWDLQQDUURZO\GHILQHGGDWDWREHFRQVLGHUHGDWUDGH
VHFUHWDQGWKXVQRQSXEOLFGDWDXQGHU0LQQHVRWD
V'DWD3UDFWLFHV$FW
3URSRVHULWVHPSOR\HHVDJHQWVDQGVXEFRQWUDFWRUVDUHQRW
,QFOXGHGRQWKH³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURORIWKH8QLWHG6WDWHV
'HSDUWPHQWRIWKH7UHDVXU\IRXQGDW KWWSV ZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI
,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW KWWSV VDPJRY6$0 RU
3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHGE\WKH6WDWHRI0LQQHVRWD
WKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOH RUDQ\3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULW
QRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVHUHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ
%\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶V$IILGDYLWKDYHWKHOHJDODXWKRULW\WRVXEPLWWKLV3URSRVDORQEHKDOIRIWKH
3URSRVHUDQGWKDWWKLVHOHFWURQLFDFNQRZOHGJPHQWKDVWKHVDPHOHJDOHIIHFWYDOLGLW\DQGHQIRUFHDELOLW\DVLI,KDGKDQGVLJQHGWKH3URSRVDO7KLVVLJQDWXUHZLOOQRW
EHGHQLHGVXFKOHJDOHIIHFWYDOLGLW\RUHQIRUFHDELOLW\VROHO\EHFDXVHDQHOHFWURQLFVLJQDWXUHRUHOHFWURQLFUHFRUGZDVXVHGLQLWVIRUPDWLRQ-HVVH&RRSHU)OHHW
0DQDJHU+RXU//&
7KH3URSRVHUGHFODUHVWKDWWKHUHLVDQDFWXDORUSRWHQWLDO&RQIOLFWRI,QWHUHVWUHODWLQJWRWKHSUHSDUDWLRQRILWVVXEPLVVLRQDQGRUWKH3URSRVHUIRUHVHHVDQDFWXDORU
SRWHQWLDO&RQIOLFWRI,QWHUHVWLQSHUIRUPLQJWKHFRQWUDFWXDOREOLJDWLRQVFRQWHPSODWHGLQWKHELG
<HV1R
7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
43
&KHFNWKHER[LQWKHFROXPQ,KDYHUHYLHZHGWKLVDGGHQGXPEHORZWRDFNQRZOHGJHHDFKRIWKHDGGHQGD
)LOH1DPH
,KDYHUHYLHZHGWKH
EHORZDGGHQGXPDQG
DWWDFKPHQWV LI
DSSOLFDEOH
3DJHV
$GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B
:HG6HSWHPEHU 30
$GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B
7XH6HSWHPEHU 30
$GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B
7KX$XJXVW 30
$GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B
0RQ$XJXVW $0
$GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B
6XQ$XJXVW 30
$GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B
7KX$XJXVW 30
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
44
State Term Contract
No. 25100000-23-STC
For
Motor Vehicles
Page 1 of 2
This Contract is between the State of Florida, Department of Management Services
(Department), an agency of the State of Florida, and Alan Jay Automotive Management, Inc.
dba Alan Jay Fleet Sales (Contractor), collectively referred to herein as the “Parties.”
Accordingly, for the good and mutual consideration hereby acknowledged, the Parties agree as
follows:
I.Initial Contract Term.
The Initial Contract Term shall be for two years. The Initial Contract Term shall begin on May
17, 2023. The Contract shall expire on May 16, 2025, unless terminated earlier in accordance
with the Special Contract Conditions and Additional Special Contract Conditions.
II.Renewal Term.
Upon mutual written agreement, the Parties may renew this Contract for one year, in whole
or in part, pursuant to the incorporated Special Contract Conditions.
III.Contract.
As used in this document, “Contract” (whether or not capitalized) shall, unless the context
requires otherwise, include this document and all incorporated Exhibits, which set forth the
entire understanding of the Parties and supersedes all prior agreements. All modifications to
this Contract must be in writing and signed by all Parties.
All Exhibits listed below are incorporated in their entirety into, and form part of, this Contract.
The Contract document and Exhibits shall have priority in the following order:
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
45
State Term Contract No. 25100000-23-STC
For
Motor Vehicles
Page 2 of 2
a)This Contract document
b)Exhibit A, Scope of Work
c)Exhibit B, Cost Sheet (Group 1 – 7)
d)Exhibit C, STC Additional Special Contract Conditions
e)Exhibit D, Special Contract Conditions
f)Exhibit E, Price Quote Form (PQF)
g)Exhibit F, Acknowledgement of Order Form
IV.Contract Management.
Department’s Contract Manager:
Christopher McMullen
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
Telephone: (850) 922-9867
Email: Christopher.McMullen@dms.fl.gov
Contractor’s Contract Manager:
Chris Wilson
Alan Jay Automotive Management, Inc. dba Alan Jay Fleet Sales
5330 US HWY 27 South
Sebring, FL 33870
Telephone: (863) 402-4234
Email: Chris.Wilson@AlanJay.com
This Contract is executed by the undersigned officials as duly authorized. This Contract is not
valid and binding on all Parties until signed and dated by both Parties.
Alan Jay Automotive Management, Inc
dba Alan Jay Fleet Sales STATE OF FLORIDA,
DEPARTMENT OF
MANAGEMENT SERVICES
_____________________________ _______________________________
Chris Wilson Secretary, Pedro Allende
_____________________________ _______________________________
Date: Date:
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
5/15/2023 | 8:27 AM PDT 5/16/2023 | 12:59 PM EDT
46
25100000-23-STC Page 1 of 17
Motor Vehicles
Exhibit A
Scope of Work
1. Purpose
To provide Customers with new and unused Motor Vehicles on a statewide basis, pursuant to
the terms set forth in this Scope of Work. Contractors shall provide Motor Vehicles and
applicable Options in accordance with the scope contained herein. All State Agencies shall
comply with section 287.151, Florida Statutes, when purchasing under this Contract. The Motor
Vehicles offered under the Contract shall be classified under the following Groups and Sub-
Groups, which are listed and described as follows:
• Group 1: Law Enforcement Vehicles
o Sub-Group A: Police Pursuit Vehicles
o Sub-Group B: Special Service Vehicles
o Sub-Group C: Transport Vans
o Sub-Group D: Non-Specialized Vehicles for Law Enforcement Use Only
o Sub-Group E: Motorcycles
• Group 2: Sedans and Hatchbacks
o Sub-Group A: Sedans
o Sub-Group B: Hatchbacks
• Group 3: Minivans and Vans
o Sub-Group A: Minivans
o Sub-Group B: Vans
o Sub-Group C: Cutaways/Chassis Cabs
• Group 4: Sport Utility Vehicles
o Sub-Group A: Crossover Sport Utility Vehicles
o Sub-Group B: Traditional Sport Utility Vehicles
• Group 5: Light Duty Trucks
o Sub-Group A: Compact and Mid-Size Pickup Trucks
o Sub-Group B: Full-Size Pickup Trucks
• Group 6: Medium Duty Trucks
o Sub-Group A: Pickup Trucks
o Sub-Group B: Chassis Cabs
• Group 7: Low Speed Vehicles
2. Definitions
Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida
Administrative Code (F.A.C.); Attachment D, Special Contract Conditions; and the PUR 1001,
General Instructions to Respondents (10/06), are incorporated by reference. In the event of a
conflict, the definitions listed in this section supersede the incorporated definitions for the
purposes of this Scope of Work. All definitions apply in both their singular and plural sense.
Brand – A particular name under which a Motor Vehicle or Option is sold by a Manufacturer.
Examples include, but are not limited to: Ford, GMC, Chevrolet, Nissan, Toyota, etc.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
47
25100000-23-STC Page 2 of 17
Motor Vehicles
Business Day – Monday through Friday, inclusive, except for those holidays specified in
section 110.117, Florida Statutes, from 8:00 a.m. to 5:00 p.m. at the Customer’s location.
Commodity – As defined in section 287.012, Florida Statutes.
Commodity Code – The State’s numeric code for classifying Commodities and contractual
services which meet specific requirements, specifications, terms, and conditions herein. Florida
has adopted the United Nations Standard Products and Services Code (UNSPSC) for
classifying Commodities and services.
Confidential Information – Information that is trade secret or otherwise confidential or exempt
from disclosure under Florida or federal law.
Contract – The written agreement between the Department and the Contractor resulting from
ITB No. 23-25100000-ITB.
Contract Manager – The representative designated by the Department who will oversee all
aspects of the Contract, monitor performance expectations, and serve as the primary point of
contact for the Contractor.
Contractor – A Vendor that enters into a Contract with the Department as a result of receiving
an award from ITB No. 23-25100000-ITB. A Contractor can be a Manufacturer or Dealer.
Cost – The actual price the Contractor paid for the Model and applicable Options from the
Manufacturer including any delivery fees. Any price changes that occur during the
manufacturing, ordering, or delivery process must be approved by the Customer.
Cost Plus Percentage – The percentage the Contractor is allowed to charge above the Cost of
the Model and applicable Options.
Customer – A State agency or Eligible User.
Dealer – A Manufacturer’s certified dealer who has been authorized by the Manufacturer
to market, sell, provide, and service the Models or Options from the Manufacturer. Dealers
may be Contractor-owned and -controlled, (in whole or in part) or independently owned
and controlled.
Department – The Department of Management Services, a State agency.
Eligible User – As defined in Rule 60A-1.001, Florida Administrative Code.
Free on Board (FOB) Destination – A shipping method as defined in section
672.319(1)(b), Florida Statutes.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
48
25100000-23-STC Page 3 of 17
Motor Vehicles
Group – A series of Models with applicable Commodity Codes, which are described in this
Scope of Work and Attachment C, Cost Sheet (Group 1 – 7). A Group may or may not
include Sub-Groups.
Manufacturer – The original producer of a Motor Vehicle or Option, which may be sold
under a Brand name. Examples include, but are not limited to: Ford Motor Company,
General Motors (GM), Nissan Motor Corporation, Toyota Motor Corporation, etc.
Manufacturer’s Last Order Date – The final date the Manufacturer stops accepting orders
for a Model, either for a specific production year or overall (i.e., the discontinuation of a
Model).
Manufacturer’s Suggested Retail Price (MSRP) – The Manufacturer’s recommended
retail selling price, list price, published price, or other usual and customary price that would
be paid by the purchaser for specific Commodities or services without the benefit of the
Contract.
Model – A particular name used to identify a collection of Motor Vehicles that are sold under
the same Brand name and are similar in style and appearance. Examples include, but are
not limited to, Ford F-150, GMC Sierra, Chevrolet Suburban, Nissan Titan, Toyota Corolla,
etc.
Motor Vehicle – A specific vehicle that meets the definition of “Motor vehicle” contained in
section 320.01(1), Florida Statutes, or a specific vehicle that meets the definition of “Low-speed
vehicle” as contained in section 320.01(41), Florida Statutes. The term includes all Options that
are attached to or provided with the vehicle when it is manufactured. The Cost Plus Percentage
shown in Attachment C, Cost Sheet (Group 1 – 7), shall apply to the Cost for the Motor Vehicle,
regardless of whether any Options were specifically requested by the Customer or are
considered “standard” or “optional” for the trim level ordered by the Customer.
Options – Options which meet the requirements, terms, and conditions herein, and may be
installed to, uninstalled from, or provided with or separately from the Motor Vehicle by the
Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the
industry. Options include the following types:
• Non-Original Equipment Manufacturer (OEM) Option – A new and unused Option
intended for the Motor Vehicle that is produced by a party other than the OEM. May
also be referred to as an aftermarket Option.
• OEM Option - A new and unused Option intended for the Motor Vehicle that is
produced by the OEM.
State – The State of Florida.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
49
25100000-23-STC Page 4 of 17
Motor Vehicles
Sub-Group – A specific series of Models within a Group, which are described in this Scope of
Work and Attachment C, Cost Sheet (Group 1 – 7). A Group may or may not include Sub-
Groups.
3. Minimum Specifications and Standards
The Contractor shall ensure all Motor Vehicles and Options offered under this Contract comply
with the following:
a. Designed, constructed, equipped, assembled, and installed to be fully suitable
for their intended use, purpose, and service pursuant to this Scope of Work;
b. New and unused (except as specified in the Transportation and Delivery
section of this Scope of Work), for the Manufacturer’s latest Model year
available, of current or recent production, and of the latest available design and
construction;
c. Include all features, equipment, and components installed by Manufacturer or
Dealer according to the Manufacturer’s current procedures and requirements
for the applicable Manufacturer’s Motor Vehicles;
d. Free of damage, defect, and rust which may affect appearance, operability,
functionality, or serviceability;
e. Motor Vehicles and Options ordered by the Customer are fully compatible with
each other;
f. Comply with current legal, customary, reasonable, and professional standards
of the Motor Vehicle and transportation equipment manufacturing industry;
g. Comply with current mandatory and applicable federal and State of Florida
Motor Vehicles standards and requirements including, but not limited to, all
legal, safety, and environmental standards and requirements; and
4. Advertising and Marketing
No Dealer’s advertising and identification (name, logos, etc.) is permitted on any Commodity
offered under this Contract. The Manufacturer’s advertising and identification (name,
Model, logos, etc.) is permitted on any Commodity provided under this Contract if such
advertising and identification is a Manufacturer’s practice. The Contractor shall be
responsible for removing, without damage, all impermissible or unacceptable advertising
and identification. The Department and Customers reserve the right to, in their sole
discretion, determine what advertising and identification is considered unacceptable under
this Contract.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
50
25100000-23-STC Page 5 of 17
Motor Vehicles
5. Luxury, Performance, or Sport Motor Vehicles or Options
No luxury, performance, or sport Motor Vehicles or Options shall be permitted under this
Contract. The Bureau of Fleet Management and the Contract Manager shall determine what is
considered luxury, performance, or sport. All Options and equipment must be approved by the
Bureau of Fleet Management in accordance with 60B-1 F.A.C.
6. Installation
When installation is required, the Contractor shall be responsible for ensuring the installation of
the Options in the required locations at no additional charge, as specified in the Charges and
Fees section. Options shall be assembled and installed by the Manufacturer, Dealer, or at the
port. All materials used in the installation shall be new and unused and shall be free of defects
that would diminish the appearance or render it structurally or operationally unsound. Installation
includes the furnishing of any materials required to install or replace the parts in the proper
location. The Contractor shall protect the installation site from damage and shall repair any
damages caused during installation. If any alteration, dismantling, excavation, etc., is required to
achieve installation, the Contractor shall promptly restore the structure or site to its original
condition. The Contractor shall perform installation work so as to cause the least inconvenience
and interference with Customers and with proper consideration of others on the installation site.
Upon completion of the installation, the location and surrounding area of work shall be left clean
and in a neat and unobstructed condition, with everything in satisfactory repair and order.
6.1 Body Transfer and 3rd Party Body Installations
In the event the Customer chooses to purchase or supply a cab and chassis, or
cutaway van separately, the Contractor must comply with section 319.21, Florida
Statutes, perform Manufacturer required pre-delivery inspection, and ensure all
proper tag and title documents are present during the inspection and delivery
pursuant to Florida license requirements. The Contractor shall inform the
Customer, upon receipt of the order, of any additional charges for installation of
aftermarket Options only. The Department reserves the right to reject an
installation charge if, within the Department’s sole discretion, the proposed
installation charge does not align with market prices. The Manufacturer must
certify that it conforms to all Federal Motor Vehicle Safety Standards (FMVSS).
The facilitation of a body transfer or 3rd party body installations must be included in
the Motor Vehicle’s price; however, an additional cost may occur for installation by
the Contractor or body upfitter. The installation cost may vary due to the body
configuration; however, the installation price shall be included on the Price Quote
Form (PQF) from the Contractor.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
51
25100000-23-STC Page 6 of 17
Motor Vehicles
7. Warranty Repairs and Adjustments
All warranty repairs and adjustments are covered throughout the Contract term at no additional
cost to Customer(s) or the Department. The Manufacturer shall be responsible for warranty and
recall services performed, regardless of whether the Contractor actually performed the service.
Nothing in this section requires or allows the Contractor to require the Customer to return the
Motor Vehicle to the Contractor for warranty repairs and adjustments. The Customer shall be
able to return the Motor Vehicle to any location authorized by the Manufacturer to perform
warranty repairs and adjustments at no additional cost to the Customer.
7.1 Extended Warranty
This Contract does not include “extended warranty” service agreements. However, the
Contractor may offer Customers “extended warranty” service agreements for the
maintenance and repair of Commodities after the initial warranty expires, but not as a
term of this Contract. The Contractor will list this additional service as a separate item
on the invoice.
8. Federal and State Standards
All requirements herein are in full and complete compliance with all federal and State of Florida
laws, standards, and regulations applicable to the type and class of Commodities and contractual
services being provided. This includes but is not limited to: Federal Motor Vehicle Safety
Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA”), Environmental
Protection Agency (“EPA”) Standards, and State of Florida laws, requirements, and regulations
that apply to the type and class of Commodities and contractual services being provided. It is
the intent of the Department that the Contractor(s) comply with all applicable federal and State of
Florida regulations regarding the Commodities and contractual services’ safety and
environmental requirements, including any legislation or regulations which become effective
during the term of the Contract and shall become a part of the Contract. The Contractor(s) shall
meet or exceed any such requirements of the laws and regulations applicable to the type and
class of Commodities and contractual services provided. If a conflict exists, the Contractor,
regardless of whether it is the Manufacturer or Dealer, shall contact the Department’s Contract
Manager in writing no later than 24 hours after identification of the conflict.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
52
25100000-23-STC Page 7 of 17
Motor Vehicles
9. Warranty
The Manufacturer’s warranty shall cover all Commodities and contractual services offered under
the Contract. The Manufacturer’s warranty is required to provide coverage against defective
material, workmanship, and failure to perform. The Manufacturer’s warranty coverage shall be
identical to or exceed those normally provided for the Commodities and contractual services
specified herein that are sold to any Federal, state, or local governments. The Manufacturer’s
warranty shall be in effect for a minimum term of one year from the Customer’s acceptance, as
specified in the “Inspection and Acceptance” section. Should the Manufacturer’s warranty
conflict with any requirements, terms, or conditions of the Contract, the Contract requirements,
terms, and conditions shall prevail. Customers shall contact the Dealer or Manufacturer
regarding the Manufacturer warranty terms and conditions.
10. Recalls
In the event there is a recall of any of the Motor Vehicle or Options, the Contractor shall provide
reasonable assistance to the Department in developing a recall strategy and shall cooperate
with the Department and the Customers in monitoring the recall operation and in preparing such
reports as may be required. Each Contractor shall immediately notify and provide copies to the
Department of any communications, whether relating to recalls or otherwise, with any Customer.
The Contractor shall ensure that defective Motor Vehicle and Options are rectified, replaced, and
destroyed in compliance with all applicable laws, rules or regulations and the Department's
reasonable instructions. All Contractor efforts related to recalls shall be at Contractor’s own
expense.
11. Manufacturer’s Last Order Date and Production Schedule Changes
The Contractor shall provide notification of a Manufacturer’s Last Order Date by email to the
Department's Contract Manager no later than 30 calendar days prior to the effective date of the
Manufacturer’s Last Order Date. When available, the Contractor shall immediately provide
copies of the Manufacturer’s notice of the Manufacturer’s Last Order Date to the Department's
Contract Manager.
The Contractor shall notify the Customer and the Department’s Contract Manager in writing of
any production schedule changes associated with the Customer’s order within one Business Day
of receiving the order.
12. Model Additions, Replacements, and Deletions
A new Model may be added to Attachment C, Cost Sheet (Group 1 – 7) at the request of the
Contractor if all of the following conditions are met:
• The Model did not exist at the time of the original procurement;
• The Model is produced under a Brand for which the Contractor was awarded;
• The Model meets or exceeds the Contract requirements, specifications, terms and
conditions;
• The Model falls under a Sub-Group (or Group, for Groups that do not include Sub-
Groups) for which the Contractor was awarded; and
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
53
25100000-23-STC Page 8 of 17
Motor Vehicles
• The Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered
by the Contractor is less than or equal to the highest Motor Vehicle, OEM Options, and
Non-OEM Options Cost Plus Percentage offered for all Models in the same Sub-Group
(or Group, for Groups that do not include Sub-Groups) for which the Contractor was
awarded.
An existing Model may be replaced by a newer Model in Attachment C, Cost Sheet (Group 1 – 7)
at the request of the Contractor if all of the following conditions are met:
• The new Model did not exist at the time of the original procurement;
• The new Model is produced under the same Brand as the existing Model;
• The Model meets or exceeds the Contract requirements, specifications, terms and
conditions;
• The Manufacturer’s intent is to replace the existing Model with the new Model; and
• The Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered
by the Contractor for the new Model is less than or equal to the Motor Vehicle, OEM
Options, and Non-OEM Options Cost Plus Percentage for the existing Model being
replaced.
An existing Model may be deleted from Attachment C, Cost Sheet (Group 1 – 7) at the request of
the Contractor if the Manufacturer discontinues production of the Model.
The Department reserves the right to delete Models, from this Contract by removing them from
Attachment C, Cost Sheet (Group 1 – 7). Models may be removed at the sole discretion of the
Department.
The Department reserves the exclusive right to approve or deny any addition, deletion,
replacement, or other request under this section and to establish its effective date. Requests will
be reviewed separately and accepted or rejected on an individual basis.
13. Price Quote Form (PQF)
Customers shall request a PQF from all Contractors awarded for a specific Model. If the Model
is available from the Contractor, the Contractor shall provide Customers a completed PQF for
Motor Vehicles and Options purchased under this Contract and all charges, including labor and
installation, shall be itemized separately. The maximum pricing permitted shall not exceed the
sum of the Cost and applied Cost Plus Percentage for the awarded Model and Options. The
Customer and Contractor may negotiate a lower price.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
54
25100000-23-STC Page 9 of 17
Motor Vehicles
Upon Customer request, the completed PQF shall be provided by the Contractor and returned
to the Customer within two Business Days. The Contractor will provide the price available at the
time of the PQF using the latest information available from the manufacturer at the time and
considering Options or other additions to meet the Model and Options requested. The
Contractor is responsible for communicating any potential price changes during the
manufacturing process, and then give the Customer the option to accept the changes or cancel
the purchase order. The Contractor shall be responsible for removing all non-eligible and
unacceptable charges and fees under the Contract from the PQF.
At the time of quote, the PQF must be accompanied by documentation showing Cost and the
added Cost Plus Percentage for the Customer. Upon delivery, the Contractor must provide
documentation showing Cost and the added Cost Plus Percentage for the Customer. At a
minimum, the Contractor shall provide documentation reflecting the actual price the Contractor
paid for the Model and applicable Options from the Manufacturer including any delivery fees.
Any price changes that occur during the manufacturing, ordering, or delivery process must be
approved by the Customer.
14. Department Approval (State Agency Only)
After receiving a completed PQF, the Customer will develop a justification to support price
reasonableness and complete the MP6301, Request for Acquisition of Motor Vehicle(s) and
Mobile Equipment Form, which is available at:
https://www.dms.myflorida.com/business_operations/fleet_management_and_federal_property_
assistance/fleet_management/purchase_of_mobile_equipment
15. Acknowledgment of Order Form
The Contractor shall email Customers with a completed Attachment I, Acknowledgment of
Order Form, within five Business Days of receiving the Customer’s order. The Contractor
must use the Acknowledgment of Order Form and shall not make any alterations. Failure
by the Contractor to provide the Customer the Acknowledgment of Order Form within five
Business Days from the date the Contractor received the Customer’s order will be
considered acceptance of the order by default, which, if necessary, shall require the
provision of the Motor Vehicle(s) and Options which meets the requirements, terms, and
conditions herein and shall not be higher than the Cost Plus Percentage provided in
Attachment C, Cost Sheet (Group 1 – 7). If the awarded Motor Vehicle(s) and Options are
not available or cannot be delivered within the contractually required timeframe, the
Contractor must provide a comparable Motor Vehicle(s) and Options of equal or better
value which meets or exceeds the requirements, terms, and conditions herein. The
Contractor’s proposed substitution is subject to prior approval by the Customer and the
Department.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
55
25100000-23-STC Page 10 of 17
Motor Vehicles
16. Acceptance of Order
The Contractor shall deliver the awarded Motor Vehicle(s) and Options listed on the
Customer’s order in accordance with the prices, Cost Plus Percentages, requirements,
terms, and conditions of the Contract and the Customer’s order.
17. Transportation and Delivery
The final price to the Customer shall include all charges for packing, handling, freight,
distribution, and delivery. Transportation and Delivery of Motor Vehicles and Options shall
be Free on Board (FOB) Destination to any location statewide as follows:
1. Motor Vehicles and Options not in stock or unavailable from a Manufacturer at
the time of order must be delivered within 180 calendar days, and only based on
industry delays, not to exceed 365 calendar days, after receipt of order, unless
otherwise agreed to by the Customer. For any delivery not made within the 180
calendar day timeframe, due to industry delays, the Department’s Contract
Manager must be notified immediately by the Contractor and given a copy of
the Customer’s order. The Contractor must provide the Department’s Contract
Manager any requested information and a timeframe for completion of the
order.
2. Motor Vehicles and Options in stock must be delivered within 14 calendar days
after receipt of the Customer’s order unless an Option requires a post-
Manufacturer or Dealer installation. These Options shall be delivered within 30
calendar days after receipt of the order.
Delivery of Motor Vehicles and Options is defined as the receipt by the Customer and
delivered to the Customer’s place of business or designated location, or if the Customer
chooses, at the Contractor’s place of business. The Contractor shall provide Customers a
minimum of 24 hours’ written notice prior to delivery. Deliveries will be received only
between 8:00 a.m. and 3:00 p.m. on Business Days and on the Customer’s local time
unless previously arranged and approved by the Customer in writing.
Deliveries of Motor Vehicles and Options can be made by either private or common carrier
transport; or where delivery may be accomplished by driving the self-propelled vehicle with
less than 250 odometer miles at delivery, the self-propelled vehicle may, with the
Customer’s prior approval, be driven to the delivery location. The Contractor must make
every effort to minimize the number of odometer miles at delivery. At the Customer’s
option, vehicles with more than 250 odometer miles at delivery may be rejected, or $0.50
per mile in excess of 250 odometer miles may be deducted from the invoice and payment
owed to Contractor.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
56
25100000-23-STC Page 11 of 17
Motor Vehicles
The Contractor must comply with the Manufacturer’s break-in requirements and all
applicable traffic and safety laws. All Motor Vehicles delivered by the Contractor to the
Customer shall contain no less than ¼ tank of fuel as indicated by the fuel gauge at the
time of delivery and receipt by the Customer.
The Contractor will perform a Manufacturer’s Pre-Delivery Inspection (PDI) and is
responsible for delivering Motor Vehicles and Options that are properly serviced, clean,
and in first class operating condition. Pre-Delivery service, at a minimum, shall include the
following:
1. Complete lubrication of operating chassis, engine, and
mechanisms with Manufacturer’s recommended grades of lubricants;
2. Check and fill all fluid levels to ensure proper fill;
3. Adjust engine(s), motor(s), and drive(s) to proper operating condition;
4. Inflate tires (including any spares) to proper pressures;
5. Check to ensure proper operation of all gauges, lights, and mechanical and
hydraulic features;
6. Clean equipment, if necessary, and remove all unnecessary tags, stickers,
papers, etc.; and
7. Ensure that the Motor Vehicle is completely assembled, unless otherwise
noted by the Customer, and thoroughly tested and ready for operation
upon Delivery.
All Motor Vehicles shall be delivered with the following, completed documents:
1. Manufacturer’s PDI form;
2. A copy of the Customer’s order;
3. Contractor’s Attachment C, Cost Sheet (Group 1 – 7);
4. Manufacturer’s invoice(s) for each delivered Commodity, including
individual Motor Vehicle, and Options, in the shipment;
5. Proof of Manufacturer’s MSRP (commonly known as the window sticker) if
applicable, which shall not be adhered to the Vehicle and instead provided
with the documents listed herein;
6. Manufacturer’s certificate of origin, if applicable;
7. Manufacturer’s operator manual
8. Manufacturer’s warranty certifications;
9. Sales Tax Exemption Form, if applicable;
10. Temporary tag and 20-day extension tag, if applicable; and
11. DHSMV 82040, Application for Certificate of Title and vehicle registration, if
applicable.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
57
25100000-23-STC Page 12 of 17
Motor Vehicles
Deliveries that do not include all above applicable forms and publications, or that
have forms that have been altered, or are not properly completed, may be refused.
Repeated failures by the Contractor to include the above properly completed
documentation or that have submitted altered forms to the Customer may be cause
for default proceedings and Contract termination.
18. Inspection and Acceptance
Section 6.4, Inspection and Acceptance of Commodities, of Exhibit D, Special Contract
Conditions, is supplemented by adding the following:
The Customer should inspect the Motor Vehicle and Options for any physical damage. The
Contractor is obligated to correct any Customer identified errors or damage at no cost to
the Customer.
Inspection and acceptance shall occur at the location of the Customer’s place of business
or designated location, or if the Customer chooses, at the Contractor’s place of business.
Title and risk of loss or damage to all Motor Vehicles and Options shall be the responsibility
of the Contractor until inspection and acceptance by the Customer. If a Motor Vehicle or
Option requires service or adjustments, as required by the Customer, the Contractor shall
either correct the issue or be responsible for reimbursing the Manufacturer’s local service
Dealer or others selected by the Customer to remedy the defect. The Contractor shall
initiate such required service or adjustments within two Business Days following notification
by the Customer. The Commodity shall not be accepted until all service or adjustments are
satisfactory, and the Commodity is re-delivered in acceptable condition. All costs of
transportation and delivery incurred for initial delivery and any re-deliveries due to non-
Customer error or damage are the responsibility of the Contractor.
The Customer shall notify the Department of any Contract deviation that it cannot resolve with the
Contractor. The Department and Customer shall develop a corrective action plan related to the
Contract deviation, which may include the Customer’s permanent refusal to accept the Motor
Vehicle or Option, in which case the Commodity shall remain the property of the Contractor, and
the Customer and the State shall not be liable for payment for any portion thereof.
19. Commodities Title and Registration
The Contractor shall title and register Motor Vehicles delivered under the Contract for the
Customer in accordance with Florida Law, including Chapters 319 and 320, F.S. The
Contractor shall provide any necessary form(s) that must be signed by the Customer at the
time of delivery, and the Contractor shall obtain any necessary signature(s) and complete
the titling and registration process for the Customer within the timeframe agreed to by the
Customer and the Contractor.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
58
25100000-23-STC Page 13 of 17
Motor Vehicles
In the event the Customer is permitted by law to obtain title and registration for the Motor
Vehicle independent of the Contractor and chooses to obtain title and registration
independent of the Contractor, the Customer shall notify the Contractor in writing of this
decision no later than three Business Days following receipt of the Acknowledgment of
Order Form. However, the Customer shall then be obligated to title and register the Motor
Vehicle and the Contractor shall provide the Customer any documents necessary for the
Customer to do so at the time of delivery.
The Contractor may obtain special plates such as “State”, “County”, or “City” from most
county tax offices, but agency plates such as “DOT”, “DC”, “DNR”, etc. shall be obtained
from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, in
Tallahassee, Florida.
Customers may elect to transfer an existing license plate, or may choose to obtain a new
license plate, for which additional fees may apply.
• The Contractor is not required to obtain new license plates for the Customer unless
there is a notation, and a new license plate fee is included on the Customer’s
order.
The Customer’s order notation for a new license plate shall include the request for
a new license plate, what type of license plate is required, and a Customer point of
contact including the person’s name, title, and telephone number should there be
any questions.
20. Charges and Fees
All pricing under this Contract shall include the following in the Cost Plus Percentage:
1. Administrative;
2. Environmental;
3. *Tax, Tag, and Title;
4. *License Plate Transfer;
5. Preparation;
6. Handling;
7. Freight;
8. Distribution;
9. Shipping;
10. Delivery to any point within the State of Florida;
11. Warranty;
12. Tire and Battery Fee;
13. Any other charges or fees necessary to deliver the Motor Vehicle or Options
according to the requirements, specifications, terms, and conditions, exclusive
of taxes; and
14. Installation (except as specified in the Body Transfer and 3rd Party Body
Installations section of the SOW)
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
59
25100000-23-STC Page 14 of 17
Motor Vehicles
*Customers have the right to process their own Tax, Tag, and Title and License Plate Transfer.
If this occurs, the Contractor shall credit the Customer for any applicable title fees.
Charges and fees in excess of those that existed on the date the Contract was entered into may
be extended to Customers only if the amount of the increase is attributable to changes in market
conditions. The amount of the charge or fee extended to Customers shall not exceed the
difference between the amount of the charge or fee at the time of the request for Departmental
approval and the amount of the charge or fee that existed at the inception of the Contract. Prior
to extending any such charge or fee to Customers, the Contractor must request the
Department’s approval by submitting to the Contract Manager documentation and justification
for extending the amount of the charge or fee to Customers; the Contractor must explain the
changes in market conditions that resulted in the charge or fee, identify the entity that
determines and will receive the charge or fee (e.g. Manufacturer), and provide the methodology
used to determine the amount of the charge or fee extended to Customers.
The Department reserves the exclusive right to approve or deny the increase of any charge or
fee request. Any charge or fee request will be reviewed separately and accepted or rejected on
an individual basis. After obtaining written approval from the Department to extend a charge or
fee to Customers, the approved amount of the charge or fee must be listed separately on the
PQF; the Contractor shall provide documentation of the Department’s approval with each PQF
that includes the charge or fee.
21. Contract Reporting
The Contractor shall report information on orders received from Customers associated with this
Contract. The Contractor shall submit reports in accordance with the following schedule:
Report Period Covered Due Date
MFMP Transaction Fee Report Calendar month 15 calendar days after the end of
each month
Quarterly Sales Report State’s Fiscal
Quarter
30 calendar days after close of the
period
Diversity Report (submitted to the
Customer) State Fiscal Year 30 Business Days after close of the
period
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
60
25100000-23-STC Page 15 of 17
Motor Vehicles
22. MFMP Transaction Fee Report
The Contractor is required to submit monthly MFMP Transaction Fee Reports in the
Department’s electronic format. Reports are due 15 calendar days after the end of the
reporting period. For information on how to submit Transaction Fee Reports online, please
reference the detailed fee reporting instructions and vendor training presentations available
online at the Transaction Fee & Reporting section and Training for Vendors section on the
MFMP website. Assistance with Transaction Fee Reporting is also available from the
MFMP Customer Service Desk by email at:
VendorHelp@myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776) from 8:00
a.m. to 6:00 p.m. Eastern Time.
23. Quarterly Sales Reports
The Contractor shall submit a Quarterly Sales Report in the manner and format required by the
Department within thirty (30) calendar days after the close of each quarter. The Quarterly Sales
Report template can be found here:
https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/quart
erly_sales_report_format.
Initiation and submission of the most recent version of the Quarterly Sales Report posted on the
DMS website are the responsibility of the Contractor without prompting or notification by the
Department. If no sales are recorded during the period, the Contractor shall confirm that there
was no reportable activity in the manner required by the Department. Sales will be reviewed on
a quarterly basis. If no sales are recorded in two consecutive quarters, the Contractor may be
placed on probationary status, or the Department may terminate the Contract. Failure to provide
the Quarterly Sales Report, or other reports requested by the Department, will result in the
imposition of financial consequences and may result in the Contractor being found in default
and the termination of the Contract.
Quarter 1 – (July-September) – due 30 calendar days after the close of the period.
Quarter 2 – (October-December) – due 30 calendar days after the close of the period.
Quarter 3 – (January-March) – due 30 calendar days after the close of the period.
Quarter 4 – (April-June) – due 30 calendar days after the close of the period.
24. Diversity Report
The Contractor shall report to each Customer, spend with certified and other minority business
enterprises. These reports shall include the period covered, the name, minority code and
Federal Employer Identification Number of each minority business utilized during the period,
Commodities provided by the minority business enterprise, and the amount paid to each
minority business on behalf of each purchasing agency ordering under the terms of this
Contract.
25. Ad Hoc Reports
The Department may require additional Contract sales information such as copies of purchase
orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the
form acceptable to the Department within the timeframe specified by the Department.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
61
25100000-23-STC Page 16 of 17
Motor Vehicles
26. Business Review Meetings
Both the Department and Customer reserve the right to schedule business review meetings.
The Department or Customer may specify the format or agenda for the meeting. At a minimum,
the Business Review Meeting may include the following topics:
a. Contract compliance
b. Contract savings (in dollar amount and cost avoidance)
c. Spend reports by Customer
d. Recommendations for improved compliance and performance
27. Financial Consequences
Financial Consequences will be assessed for failure to timely perform or submit a report as
required by the Contract and shall be paid via check or money order in US Dollars and made
out to the Department of Management Services or the specific Customer, where applicable.
Financial Consequences will be assessed daily or per occurrence for each individual failure until
the performance or submittal is accomplished to the Department’s or Customer’s satisfaction,
unless stated otherwise. Customer’s reserve the right to revise or add additional financial
consequences for each order. For the submissions of reports, financial consequences will apply
to each target period beginning with the first full month or quarter of the Contract’s performance
and each month and quarter thereafter.
Deliverable Performance
Metric
Performance Due
Date
Financial
Consequence for
Non-Performance
Contractor will timely
submit completed
Quarterly Sales Reports
to the Department
All Quarterly Sales
Reports will be
submitted timely
with the required
information
Reports are due
on or before the
30th calendar day
after the close of
each State fiscal
quarter
$250 per Calendar
Day late/not received
Contractor will timely
submit completed MFMP
Transaction Fee Reports
to the Department
All MFMP
Transaction Fee
Reports will be
submitted timely
with the required
information
Reports are due
on or before the
15th calendar day
after the close of
each month
$250 per Calendar
Day late/not received
Contractor will timely
provide accurate Price
Quote Forms to
Customers
All Price Quote
Forms will be timely
provided to
Customers with
accurate information
PQFs are due
within two
Business Days
following the
Customer’s request
$250 per occurrence
of an inaccurate or
untimely Price Quote
Form
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
62
25100000-23-STC Page 17 of 17
Motor Vehicles
Contractor will deliver
Motor Vehicles with no less
than a ¼ tank of fuel upon
delivery to Customers
Contractor shall
adhere to delivery
requirements
pursuant to the
Transportation and
Delivery section in
the SOW
Upon each Motor
Vehicle delivery to
Customers
$50 per occurrence of a
Motor Vehicle delivery
with less than a ¼ tank
of fuel upon delivery to
Customers
Ad hoc report(s)
Provide ad hoc
reports as
requested
Within the
timeframe agreed
to by the
Department and
the Contractor or
Customer and
Contractor
$250 per occurrence
No favorable action will be considered for any Contractor who has outstanding Contract
Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to
include fees / monies that are required under this Contract.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
63
1
Exhibit C
ADDITIONAL SPECIAL CONTRACT CONDITIONS
A. Special Contract Conditions revisions: the corresponding subsections of the Special
Contract Conditions referenced below are replaced in their entirety with the following:
2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in whole
or in part only as set forth in the Contract documents, and in accordance with section
287.057(14), F.S.
3.2.2 Preferred Pricing. Left intentionally blank.
3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(24),
F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), or as may
otherwise be established by law, which the vendor shall pay to the State.
For payments within the State accounting system (FLAIR or its successor), the Transaction
Fee shall, when possible, be automatically deducted from payments to the vendor. If
automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to
subsection 60A-1.031(2), F.A.C. By submission of these reports and corresponding
payments, vendor certifies their correctness. All such reports and payments shall be subject
to audit by the State or its designee.
The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase
of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of
the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item
is rejected or returned, or declined, due to the vendor’s failure to perform or comply with
specifications or requirements of the agreement.
Vendors will submit any monthly reports required pursuant to the rule. All such reports and
payments will be subject to audit. Failure to comply with the payment of the Transaction Fees
or submission of required reporting of transactions shall constitute grounds for declaring the
Vendor in default.
5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of federal,
state, and local agencies having jurisdiction and authority. For example, the Contractor must
comply with section 274A of the Immigration and Nationality Act, the Americans with
Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
64
Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021)
prohibitions against discrimination on the basis of race, religion, sex, creed, national origin,
handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-
(c) and (g), F.S., are hereby incorporated by reference.
Nothing contained within this Contract shall be construed to prohibit the Contractor from
disclosing information relevant to performance of the Contract or purchase order to members
or staff of the Florida Senate or Florida House of Representatives.
Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and
ensure a representative will be available to, a continuing oversight team.
The Contractor will comply with all applicable disclosure requirements set forth in section
286.101, F.S. In the event the Department of Financial Services issues the Contractor a final
order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the
Contractor shall immediately notify the Department and applicable Customers and shall be
disqualified from Contract eligibility.
5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists.
In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby
informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S.
For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the
Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a
contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must
notify the Department if it or any of its suppliers, subcontractors, or consultants have been
placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator
Vendor List during the term of the Contract.
In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List
may not enter into or renew a contract to provide any goods or services to an agency after its
placement on the Suspended Vendor List.
A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S.,
the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List
pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section
287.134, F.S., is immediately disqualified from Contract eligibility.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty
to cooperate with the Inspector General in any investigation, audit, inspection, review, or
hearing. Upon request of the Inspector General or any other authorized State official, the
Contractor must provide any information the Inspector General deems relevant. Such
information may include, but will not be limited to, the Contractor's business or financial
records, documents, or files of any type or form that refer to or relate to the Contract. The
Contractor will retain such records for the longer of five years after the expiration or termination
of the Contract, or the period required by the General Records Schedules maintained by the
Florida Department of State, at the Department of State’s Records Management website. The
Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation
incurred by the Inspector General or other authorized State of Florida official for investigations
of the Contractor's compliance with the terms of this or any other agreement between the
Contractor and the State of Florida which results in the suspension or debarment of the
Contractor. Such costs will include but will not be limited to: salaries of investigators, including
overtime; travel and lodging expenses; and expert witness and documentary fees. The
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
65
Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021)
Contractor agrees to impose the same obligations to cooperate with the Inspector General
and retain records on any subcontractors used to provide goods or services under the
Contract.
8.1.1 Termination of Contract.
The Department may terminate the Contract for refusal by the Contractor to comply with this
section by not allowing access to all public records, as defined in Chapter 119, F.S., made or
received by the Contractor in conjunction with the Contract unless the records are exempt
from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S.
8.1.2 Statutory Notice.
Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on
behalf of a public agency, as defined in section 119.011(2), F.S., the following applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN
OF PUBLIC RECORDS AT PUBLICRECORDS@DMS.FL.GOV, (850)
487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE,
FLORIDA 32399-0950.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on
behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall:
(a) Keep and maintain public records required by the public agency to perform the service.
(b) Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure are not disclosed except as authorized by law for the duration of the Contract term
and following the completion of the Contract if the Contractor does not transfer the records to
the public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records
in possession of the Contractor or keep and maintain public records required by the public
agency to perform the service. If the Contractor transfers all public records to the public
agency upon completion of the Contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the
Contract, the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from the
public agency’s custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
66
Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021)
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits of
the Contractor and subcontractors as determined by the Department. The Department may
conduct an audit and review all the Contractor’s and subcontractors’ data and records that
directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and
claims for payment under the Contract, the Contractor’s agreements or contracts with
subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be
inspected by the Department upon fifteen (15) calendar days’ notice, during normal working
hours and in accordance with the Contractor’s facility access procedures where facility access
is required. Release statements from its subcontractors, partners, or agents are not required
for the Department or its designee to conduct compliance and performance audits on any of
the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with
section 5.6, the State of Florida’s Chief Financial Officer, and the Office of the Auditor General
shall also have authority to perform audits and inspections.
13.2 E-Verify.
The Contractor and its subcontractors have an obligation to utilize the U.S. Department of
Homeland Security’s (DHS) E-Verify system for all newly hired employees in accordance with
section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered
with, and uses, the E-Verify system for all newly hired employees in accordance with section
448.095, F.S. The Contractor must obtain an affidavit from its subcontractors in accordance
with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the
duration of the Contract. The Contractor shall provide a copy of its DHS Memorandum of
Understanding (MOU) to the Department’s Contract Manager within five days of Contract
execution.
This section serves as notice to the Contractor regarding the requirements of section 448.095,
F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the
Contract if it has a good faith belief that the Contractor has knowingly violated section
448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a
public contract for at least one year after the date of such termination. The Department will
promptly notify the Contractor and order the immediate termination of the contract between
the Contractor and a subcontractor performing work on its behalf for this Contract should the
Department have a good faith belief that the subcontractor has knowingly violated section
448.09(1), F.S.
B. Special Contract Conditions additions: the following subsection is added to the Special
Contract Conditions:
12.3 Document Inspection.
In accordance with section 216.1366, F.S., the Department or a state agency is authorized to
inspect the: (a) financial records, papers, and documents of the Contractor that are directly
related to the performance of the Contract or the expenditure of state funds; and (b)
programmatic records, papers, and documents of the Contractor which the Department or
state agency determines are necessary to monitor the performance of the Contract or to
ensure that the terms of the Contract are being met. The Contractor shall provide such
records, papers, and documents requested by the Department or a state agency within 10
Business Days after the request is made.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
67
SP approved version 7‐1‐2019 1
SPECIAL CONTRACT CONDITIONS
JULY 1, 2019 VERSION
Table of Contents
SECTION 1. DEFINITION. .......................................................................................................................... 2
SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2
SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3
SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4
SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6
SECTION 6. MISCELLANEOUS. ................................................................................................................. 7
SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL
PROPERTY. ............................................................................................................................................. 10
SECTION 9. DATA SECURITY. ................................................................................................................. 12
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13
SECTION 11. CONTRACT MONITORING. ............................................................................................... 14
SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15
SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16
SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17
In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included
herein by reference but is superseded in its entirety by these Special
Contract Conditions.
Exhibit D
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
68
SP approved version 7‐1‐2019 2
SECTION 1. DEFINITION.
The following definition applies in addition to the definitions in Chapter 287, Florida
Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.):
1.1 Customer.
The agency or eligible user that purchases commodities or contractual services pursuant
to the Contract.
SECTION 2. CONTRACT TERM AND TERMINATION.
2.1 Initial Term.
The initial term will begin on the date set forth in the Contract documents or on the date
the Contract is signed by all Parties, whichever is later.
2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in
whole or in part only as set forth in the Contract documents, and in accordance with
section 287.057(13), F.S.
2.3 Suspension of Work and Termination.
2.3.1 Suspension of Work.
The Department may, at its sole discretion, suspend any or all activities under the
Contract, at any time, when it is in the best interest of the State of Florida to do so. The
Customer may suspend a resulting contract or purchase order, at any time, when in the
best interest of the Customer to do so. The Department or Customer will provide the
Contractor written notice outlining the particulars of the suspension. After receiving a
suspension notice, the Contractor must comply with the notice and will cease the
performance of the Contract or purchase order. Suspension of work will not entitle the
Contractor to any additional compensation. The Contractor will not resume performance
of the Contract or purchase order until so authorized by the Department.
2.3.2 Termination for Convenience.
The Contract may be terminated by the Department in whole or in part at any time, in the
best interest of the State of Florida. If the Contract is terminated before performance is
completed, the Contractor will be paid only for that work satisfactorily performed for
which costs can be substantiated. Such payment, however, may not exceed an amount
which is the same percentage of the Contract price as the amount of work satisfactorily
performed. All work in progress will become the property of the Customer and will be
turned over promptly by the Contractor.
2.3.3 Termination for Cause.
If the performance of the Contractor is not in compliance with the Contract requirements
or the Contractor has defaulted, the Department may:
(a) immediately terminate the Contract;
(b) notify the Contractor of the noncompliance or default, require correction, and specify
the date by which the correction must be completed before the Contract is terminated; or
(c) take other action deemed appropriate by the Department.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
69
SP approved version 7‐1‐2019 3
SECTION 3. PAYMENT AND FEES.
3.1 Pricing.
The Contractor will not exceed the pricing set forth in the Contract documents.
3.2 Price Decreases.
The following price decrease terms will apply to the Contract:
3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery
of large single orders;
3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this
Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing
offered under comparable contracts. Comparable contracts are those that are similar in
size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must
annually submit an affidavit from the Contractor’s authorized representative attesting that
the Contract complies with this clause.
3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, the Contractor may conduct sales
promotions involving price reductions for a specified lesser period. The Contractor must
submit documentation identifying the proposed: (1) starting and ending dates of the
promotion, (2) commodities or contractual services involved, and (3) promotional prices
compared to then-authorized prices.
3.3 Payment Invoicing.
The Contractor will be paid upon submission of invoices to the Customer after delivery
and acceptance of commodities or contractual services is confirmed by the Customer.
Invoices must contain sufficient detail for an audit and contain the Contract Number and
the Contractor’s Federal Employer Identification Number.
3.4 Purchase Order.
A Customer may use purchase orders to buy commodities or contractual services
pursuant to the Contract and, if applicable, the Contractor must provide commodities or
contractual services pursuant to purchase orders. Purchase orders issued pursuant to
the Contract must be received by the Contractor no later than the close of business on
the last day of the Contract’s term. The Contractor is required to accept timely purchase
orders specifying delivery schedules that extend beyond the Contract term even when
such extended delivery will occur after expiration of the Contract. Purchase orders shall
be valid through their specified term and performance by the Contractor, and all terms
and conditions of the Contract shall survive the termination or expiration of the Contract
and apply to the Contractor’s performance. The duration of purchase orders for recurring
deliverables shall not exceed the expiration of the Contract by more than twelve months.
Any purchase order terms and conditions conflicting with these Special Contract
Conditions shall not become a part of the Contract.
3.5 Travel.
Travel expenses are not reimbursable unless specifically authorized by the Customer in
writing and may be reimbursed only in accordance with section 112.061, F.S.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
70
SP approved version 7‐1‐2019 4
3.6 Annual Appropriation.
Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an
agency for the purchase of services or tangible personal property for a period in excess
of one fiscal year, the State of Florida’s performance and obligation to pay under the
Contract is contingent upon an annual appropriation by the Legislature.
3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), F.S. All payments issued by Customers to registered Vendors for
purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law.
Vendors must pay the Transaction Fees and agree to automatic deduction of the
Transaction Fees when automatic deduction becomes available. Vendors will submit any
monthly reports required pursuant to the rule. All such reports and payments will be
subject to audit. Failure to comply with the payment of the Transaction Fees or reporting
of transactions will constitute grounds for declaring the Vendor in default and subject the
Vendor to exclusion from business with the State of Florida.
3.8 Taxes.
Taxes, customs, and tariffs on commodities or contractual services purchased under the
Contract will not be assessed against the Customer or Department unless authorized by
Florida law.
3.9 Return of Funds.
Contractor will return any overpayments due to unearned funds or funds disallowed
pursuant to the terms of the Contract that were disbursed to the Contractor. The
Contractor must return any overpayment within forty (40) calendar days after either
discovery by the Contractor, its independent auditor, or notification by the Department or
Customer of the overpayment.
SECTION 4. CONTRACT MANAGEMENT.
4.1 Composition and Priority.
The Contractor agrees to provide commodities or contractual services to the Customer
as specified in the Contract. Additionally, the terms of the Contract supersede the terms
of all prior agreements between the Parties on this subject matter.
4.2 Notices.
All notices required under the Contract must be delivered to the designated Contract
Manager in a manner identified by the Department.
4.3 Department’s Contract Manager.
The Department’s Contract Manager, who is primarily responsible for the Department’s
oversight of the Contract, will be identified in a separate writing to the Contractor upon
Contract signing in the following format:
Department’s Contract Manager Name
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
71
SP approved version 7‐1‐2019 5
Department’s Name
Department’s Physical Address
Department’s Telephone #
Department’s Email Address
If the Department changes the Contract Manager, the Department will notify the
Contractor. Such a change does not require an amendment to the Contract.
4.4 Contractor’s Contract Manager.
The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s
oversight of the Contract performance, will be identified in a separate writing to the
Department upon Contract signing in the following format:
Contractor’s Contract Manager Name
Contractor’s Name
Contractor’s Physical Address
Contractor’s Telephone #
Contractor’s Email Address
If the Contractor changes its Contract Manager, the Contractor will notify the
Department. Such a change does not require an amendment to the Contract.
4.5 Diversity.
4.5.1 Office of Supplier Diversity.
The State of Florida supports its diverse business community by creating opportunities
for woman-, veteran-, and minority-owned small business enterprises to participate in
procurements and contracts. The Department encourages supplier diversity through
certification of woman-, veteran-, and minority-owned small business enterprises and
provides advocacy, outreach, and networking through regional business events. For
additional information, please contact the Office of Supplier Diversity (OSD) at
osdinfo@dms.myflorida.com.
4.5.2 Diversity Reporting.
Upon request, the Contractor will report to the Department its spend with business
enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise
utilized during the period, commodities and contractual services provided by the
business enterprise, and the amount paid to the business enterprise on behalf of each
agency purchasing under the Contract.
4.6 RESPECT.
Subject to the agency determination provided for in section 413.036, F.S., the following
statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE
SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413,
FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME
PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES;
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
72
SP approved version 7‐1‐2019 6
AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER
BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL
BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS
DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.
Additional information about RESPECT and the commodities or contractual services it
offers is available at https://www.respectofflorida.org.
4.7 PRIDE.
Subject to the agency determination provided for in sections 287.042(1) and 946.515,
F.S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S.,
IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN
SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE
PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS
OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
Additional information about PRIDE and the commodities or contractual services it offers
is available at https://www.pride-enterprises.org.
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of
federal, state, and local agencies having jurisdiction and authority. For example, the
Contractor must comply with section 274A of the Immigration and Nationality Act, the
Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if
applicable, and all prohibitions against discrimination on the basis of race, religion, sex,
creed, national origin, handicap, marital status, or veteran’s status. The provisions of
subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference.
5.2 Dispute Resolution, Governing Law, and Venue.
Any dispute concerning performance of the Contract shall be decided by the
Department's designated Contract Manager, who will reduce the decision to writing and
serve a copy on the Contractor. The decision of the Contract Manager shall be final and
conclusive. Exhaustion of this administrative remedy is an absolute condition precedent
to the Contractor's ability to pursue legal action related to the Contract or any other form
of dispute resolution. The laws of the State of Florida govern the Contract. The Parties
submit to the jurisdiction of the courts of the State of Florida exclusively for any legal
action related to the Contract. Further, the Contractor hereby waives all privileges and
rights relating to venue it may have under Chapter 47, F.S., and all such venue
privileges and rights it may have under any other statute, rule, or case law, including, but
not limited to, those based on convenience. The Contractor hereby submits to venue in
the county chosen by the Department.
5.3 Department of State Registration.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
73
SP approved version 7‐1‐2019 7
Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert
status, other than a sole proprietor, must provide the Department with conclusive
evidence of a certificate of status, not subject to qualification, if a Florida business entity,
or of a certificate of authorization if a foreign business entity.
5.4 Suspended, Convicted, and Discriminatory Vendor Lists.
In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate
who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor
List may not perform work as a contractor, supplier, subcontractor, or consultant under
the Contract. The Contractor must notify the Department if it or any of its suppliers,
subcontractors, or consultants have been placed on the Suspended Vendor List,
Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract.
5.5 Scrutinized Companies - Termination by the Department.
The Department may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its
duty to cooperate with the Inspector General in any investigation, audit, inspection,
review, or hearing. Upon request of the Inspector General or any other authorized State
official, the Contractor must provide any information the Inspector General deems
relevant to the Contractor's integrity or responsibility. Such information may include, but
will not be limited to, the Contractor's business or financial records, documents, or files
of any type or form that refer to or relate to the Contract. The Contractor will retain such
records for the longer of five years after the expiration of the Contract, or the period
required by the General Records Schedules maintained by the Florida Department of
State, at the Department of State’s Records Management website. The Contractor
agrees to reimburse the State of Florida for the reasonable costs of investigation
incurred by the Inspector General or other authorized State of Florida official for
investigations of the Contractor's compliance with the terms of this or any other
agreement between the Contractor and the State of Florida which results in the
suspension or debarment of the Contractor. Such costs will include but will not be limited
to: salaries of investigators, including overtime; travel and lodging expenses; and expert
witness and documentary fees. The Contractor agrees to impose the same obligations to
cooperate with the Inspector General and retain records on any subcontractors used to
provide goods or services under the Contract.
SECTION 6. MISCELLANEOUS.
6.1 Subcontractors.
The Contractor will not subcontract any work under the Contract without prior written
consent of the Department. The Contractor is fully responsible for satisfactory
completion of all its subcontracted work. The Department supports diversity in its
procurements and contracts, and requests that the Contractor offer subcontracting
opportunities to certified woman-, veteran-, and minority-owned small businesses. The
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
74
SP approved version 7‐1‐2019 8
Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on
certified small business enterprises available for subcontracting opportunities.
6.2 Assignment.
The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations
under the Contract without the prior written consent of the Department. However, the
Contractor may waive its right to receive payment and assign same upon notice to the
Department. In the event of any assignment, the Contractor remains responsible for
performance of the Contract, unless such responsibility is expressly waived by the
Department. The Department may assign the Contract with prior written notice to the
Contractor.
6.3 Independent Contractor.
The Contractor and its employees, agents, representatives, and subcontractors are
independent contractors and not employees or agents of the State of Florida and are not
entitled to State of Florida benefits. The Department and Customer will not be bound by
any acts or conduct of the Contractor or its employees, agents, representatives, or
subcontractors. The Contractor agrees to include this provision in all its subcontracts
under the Contract.
6.4 Inspection and Acceptance of Commodities.
6.4.1 Risk of Loss.
Matters of inspection and acceptance are addressed in section 215.422, F.S. Until
acceptance, risk of loss or damage will remain with the Contractor. The Contractor will
be responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer will: record any evidence of visible
damage on all copies of the delivering carrier’s bill of lading; report damages to the
carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of
lading and damage inspection report.
6.4.2 Rejected Commodities.
When a Customer rejects a commodity, Contractor will remove the commodity from the
premises within ten (10) calendar days after notification of rejection, and the risk of loss
will remain with the Contractor. Commodities not removed by the Contractor within ten
(10) calendar days will be deemed abandoned by the Contractor, and the Customer will
have the right to dispose of such commodities. Contractor will reimburse the Customer
for costs and expenses incurred in storing or effecting removal or disposition of rejected
commodities.
6.5 Safety Standards.
Performance of the Contract for all commodities or contractual services must comply
with requirements of the Occupational Safety and Health Act and other applicable State
of Florida and federal requirements.
6.6 Ombudsman.
A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this office are found in section 215.422, F.S., which include
disseminating information relative to prompt payment and assisting contractors in
receiving their payments in a timely manner from a Customer. The Vendor Ombudsman
may be contacted at (850) 413-5516.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
75
SP approved version 7‐1‐2019 9
6.7 Time is of the Essence.
Time is of the essence regarding every obligation of the Contractor under the Contract.
Each obligation is deemed material, and a breach of any such obligation (including a
breach resulting from untimely performance) is a material breach.
6.8 Waiver.
The delay or failure by the Department or the Customer to exercise or enforce any rights
under the Contract will not constitute waiver of such rights.
6.9 Modification and Severability.
The Contract may only be modified by written agreement between the Department and
the Contractor. Should a court determine any provision of the Contract is invalid, the
remaining provisions will not be affected, and the rights and obligations of the Parties will
be construed and enforced as if the Contract did not contain the provision held invalid.
6.10 Cooperative Purchasing.
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
governmental entities that are not Customers may make purchases under the terms and
conditions contained herein, if agreed to by Contractor. Such purchases are independent
of the Contract between the Department and the Contractor, and the Department is not a
party to these transactions. Agencies seeking to make purchases under this Contract
are required to follow the requirements of Rule 60A-1.045(5), F.A.C.
SECTION 7. LIABILITY AND INSURANCE.
7.1 Workers’ Compensation Insurance.
The Contractor shall maintain workers’ compensation insurance as required under the
Florida Workers’ Compensation Law or the workers’ compensation law of another
jurisdiction where applicable. The Contractor must require all subcontractors to similarly
provide workers’ compensation insurance for all of the latter’s employees. In the event
work is being performed by the Contractor under the Contract and any class of
employees performing the work is not protected under Workers’ Compensation statutes,
the Contractor must provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of employees not otherwise
protected.
7.2 General Liability Insurance.
The Contractor must secure and maintain Commercial General Liability Insurance,
including bodily injury, property damage, products, personal and advertising injury, and
completed operations. This insurance must provide coverage for all claims that may
arise from performance of the Contract or completed operations, whether by the
Contractor or anyone directly or indirectly employed by the Contractor. Such insurance
must include the State of Florida as an additional insured for the entire length of the
resulting contract. The Contractor is responsible for determining the minimum limits of
liability necessary to provide reasonable financial protections to the Contractor and the
State of Florida under the resulting contract.
7.3 Florida Authorized Insurers.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
76
SP approved version 7‐1‐2019 10
All insurance shall be with insurers authorized and eligible to transact the applicable line
of insurance business in the State of Florida. The Contractor shall provide
Certification(s) of Insurance evidencing that all appropriate coverage is in place and
showing the Department to be an additional insured.
7.4 Performance Bond.
Unless otherwise prohibited by law, the Department may require the Contractor to
furnish, without additional cost to the Department, a performance bond or irrevocable
letter of credit or other form of security for the satisfactory performance of work
hereunder. The Department shall determine the type and amount of security.
7.5 Indemnification.
To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and
hold the Customer and the State of Florida, its officers, employees, and agents harmless
from all fines, claims, assessments, suits, judgments, or damages, including
consequential, special, indirect, and punitive damages, including court costs and
attorney’s fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret, or intellectual property right or out of any acts, actions,
breaches, neglect, or omissions of the Contractor, its employees, agents,
subcontractors, assignees, or delegates related to the Contract, as well as for any
determination arising out of or related to the Contract that the Contractor or Contractor’s
employees, agents, subcontractors, assignees, or delegates are not independent
contractors in relation to the Customer. The Contract does not constitute a waiver of
sovereign immunity or consent by the Customer or the State of Florida or its subdivisions
to suit by third parties. Without limiting this indemnification, the Customer may provide
the Contractor (1) written notice of any action or threatened action, (2) the opportunity to
take over and settle or defend any such action at Contractor’s sole expense, and (3)
assistance in defending the action at Contractor’s sole expense.
7.6 Limitation of Liability.
Unless otherwise specifically enumerated in the Contract or in the purchase order,
neither the Department nor the Customer shall be liable for special, indirect, punitive, or
consequential damages, including lost data or records (unless the Contract or purchase
order requires the Contractor to back-up data or records), even if the Department or
Customer has been advised that such damages are possible. Neither the Department
nor the Customer shall be liable for lost profits, lost revenue, or lost institutional
operating savings. The Department or Customer may, in addition to other remedies
available to them at law or equity and upon notice to the Contractor, retain such monies
from amounts due Contractor as may be necessary to satisfy any claim for damages,
penalties, costs, and the like asserted by or against them. The State may set off any
liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT,
AND INTELLECTUAL PROPERTY.
8.1 Public Records.
8.1.1 Termination of Contract.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
77
SP approved version 7‐1‐2019 11
The Department may terminate the Contract for refusal by the Contractor to comply with
this section by not allowing access to all public records, as defined in Chapter 119, F. S.,
made or received by the Contractor in conjunction with the Contract.
8.1.2 Statutory Notice.
Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor
acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following
applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL
ADDRESS, AND MAILING ADDRESS PROVIDED IN THE
RESULTING CONTRACT OR PURCHASE ORDER.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor
acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor
shall:
(a) Keep and maintain public records required by the public agency to perform the
service.
(b) Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law for the duration of the
Contract term and following the completion of the Contract if the Contractor does not
transfer the records to the public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the Contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the Contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency’s custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
8.2 Protection of Trade Secrets or Otherwise Confidential Information.
8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information.
If the Contractor considers any portion of materials to be trade secret under section
688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the
Contractor must clearly designate that portion of the materials as trade secret or
otherwise confidential when submitted to the Department. The Contractor will be
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
78
SP approved version 7‐1‐2019 12
responsible for responding to and resolving all claims for access to Contract-related
materials it has designated trade secret or otherwise confidential.
8.2.2 Public Records Requests.
If the Department receives a public records request for materials designated by the
Contractor as trade secret or otherwise confidential under Florida or federal law, the
Contractor will be responsible for taking the appropriate legal action in response to the
request. If the Contractor fails to take appropriate and timely action to protect the
materials designated as trade secret or otherwise confidential, the Department will
provide the materials to the requester.
8.2.3 Indemnification Related to Confidentiality of Materials.
The Contractor will protect, defend, indemnify, and hold harmless the Department for
claims, costs, fines, and attorney’s fees arising from or relating to its designation of
materials as trade secret or otherwise confidential.
8.3 Document Management.
The Contractor must retain sufficient documentation to substantiate claims for payment
under the Contract and all other records, electronic files, papers, and documents that
were made in relation to this Contract. The Contractor must retain all documents related
to the Contract for five (5) years after expiration of the Contract or, if longer, the period
required by the General Records Schedules maintained by the Florida Department of
State available at the Department of State’s Records Management website.
8.4 Intellectual Property.
8.4.1 Ownership.
Unless specifically addressed otherwise in the Contract, the State of Florida shall be the
owner of all intellectual property rights to all property created or developed in connection
with the Contract.
8.4.2 Patentable Inventions or Discoveries.
Any inventions or discoveries developed in the course, or as a result, of services in
connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the
sole property of the State of Florida. Contractor must inform the Customer of any
inventions or discoveries developed or made through performance of the Contract, and
such inventions or discoveries will be referred to the Florida Department of State for a
determination on whether patent protection will be sought. The State of Florida will be
the sole owner of all patents resulting from any invention or discovery made through
performance of the Contract.
8.4.3 Copyrightable Works.
Contractor must notify the Department or State of Florida of any publications, artwork, or
other copyrightable works developed in connection with the Contract. All copyrights
created or developed through performance of the Contract are owned solely by the State
of Florida.
SECTION 9. DATA SECURITY.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
79
SP approved version 7‐1‐2019 13
The Contractor will maintain the security of State of Florida data including, but not limited
to, maintaining a secure area around any displayed visible data and ensuring data is
stored and secured when not in use. The Contractor and subcontractors will not perform
any of the services from outside of the United States, and the Contractor will not allow
any State of Florida data to be sent by any medium, transmitted, or accessed outside the
United States due to Contractor’s action or inaction. In the event of a security breach
involving State of Florida data, the Contractor shall give notice to the Customer and the
Department within one business day. “Security breach” for purposes of this section will
refer to a confirmed event that compromises the confidentiality, integrity, or availability of
data. Once a data breach has been contained, the Contractor must provide the
Department with a post-incident report documenting all containment, eradication, and
recovery measures taken. The Department reserves the right in its sole discretion to
enlist a third party to audit Contractor’s findings and produce an independent report, and
the Contractor will fully cooperate with the third party. The Contractor will also comply
with all HIPAA requirements and any other state and federal rules and regulations
regarding security of information.
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS.
10.1 Gratuities.
The Contractor will not, in connection with this Contract, directly or indirectly (1) offer,
give, or agree to give anything of value to anyone as consideration for any State of
Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise
of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to
anyone anything of value for the benefit of, or at the direction or request of, any State of
Florida officer or employee.
10.2 Lobbying.
In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used
for the purpose of lobbying the Legislature, the judicial branch, or the Department.
Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from
lobbying the executive or legislative branch concerning the scope of services,
performance, term, or compensation regarding the Contract after the Contract is
executed and during the Contract term.
10.3 Communications.
10.3.1 Contractor Communication or Disclosure.
The Contractor shall not make any public statements, press releases, publicity releases,
or other similar communications concerning the Contract or its subject matter or
otherwise disclose or permit to be disclosed any of the data or other information
obtained or furnished in compliance with the Contract, without first notifying the
Customer’s Contract Manager and securing the Customer’s prior written consent.
10.3.2 Use of Customer Statements.
The Contractor shall not use any statement attributable to the Customer or its
employees for the Contractor’s promotions, press releases, publicity releases,
marketing, corporate communications, or other similar communications, without first
notifying the Customer’s Contract Manager and securing the Customer’s prior written
consent.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
80
SP approved version 7‐1‐2019 14
SECTION 11. CONTRACT MONITORING.
11.1 Performance Standards.
The Contractor agrees to perform all tasks and provide deliverables as set forth in the
Contract. The Department and the Customer will be entitled at all times, upon request, to
be advised as to the status of work being done by the Contractor and of the details
thereof.
11.2 Performance Deficiencies and Financial Consequences of Non-Performance.
11.2.1 Proposal of Corrective Action Plan.
In addition to the processes set forth in the Contract (e.g., service level agreements), if
the Department or Customer determines that there is a performance deficiency that
requires correction by the Contractor, then the Department or Customer will notify the
Contractor. The correction must be made within a time-frame specified by the
Department or Customer. The Contractor must provide the Department or Customer with
a corrective action plan describing how the Contractor will address all performance
deficiencies identified by the Department or Customer.
11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure.
If the corrective action plan is unacceptable to the Department or Customer, or
implementation of the plan fails to remedy the performance deficiencies, the Department
or Customer will retain ten percent (10%) of the total invoice amount. The retainage will
be withheld until the Contractor resolves the performance deficiencies. If the
performance deficiencies are resolved, the Contractor may invoice the Department or
Customer for the retained amount. If the Contractor fails to resolve the performance
deficiencies, the retained amount will be forfeited to compensate the Department or
Customer for the performance deficiencies.
11.3 Performance Delay.
11.3.1 Notification.
The Contractor will promptly notify the Department or Customer upon becoming aware
of any circumstances that may reasonably be expected to jeopardize the timely and
successful completion (or delivery) of any commodity or contractual service. The
Contractor will use commercially reasonable efforts to avoid or minimize any delays in
performance and will inform the Department or the Customer of the steps the Contractor
is taking or will take to do so, and the projected actual completion (or delivery) time. If
the Contractor believes a delay in performance by the Department or the Customer has
caused or will cause the Contractor to be unable to perform its obligations on time, the
Contractor will promptly so notify the Department and use commercially reasonable
efforts to perform its obligations on time notwithstanding the Department’s delay.
11.3.2 Liquidated Damages.
The Contractor acknowledges that delayed performance will damage the
DepartmentCustomer, but by their nature such damages are difficult to ascertain.
Accordingly, the liquidated damages provisions stated in the Contract documents will
apply. Liquidated damages are not intended to be a penalty and are solely intended to
compensate for damages.
11.4 Force Majeure, Notice of Delay, and No Damages for Delay.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
81
SP approved version 7‐1‐2019 15
The Contractor will not be responsible for delay resulting from its failure to perform if
neither the fault nor the negligence of the Contractor or its employees or agents
contributed to the delay, and the delay is due directly to fire, explosion, earthquake,
windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism,
civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly
beyond the Contractor’s reasonable control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor.
The foregoing does not excuse delay which could have been avoided if the Contractor
implemented any risk mitigation required by the Contract. In case of any delay the
Contractor believes is excusable, the Contractor will notify the Department in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10)
calendar days after the cause that created or will create the delay first arose, if the
Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is
not reasonably foreseeable, within five (5) calendar days after the date the Contractor
first had reason to believe that a delay could result. The foregoing will constitute the
Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for
damages will be asserted by the Contractor. The Contractor will not be entitled to an
increase in the Contract price or payment of any kind from the Department for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay, disruption,
interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist the Contractor will perform at no increased cost, unless
the Department determines, in its sole discretion, that the delay will significantly impair
the value of the Contract to the State of Florida or to Customers, in which case the
Department may (1) accept allocated performance or deliveries from the Contractor,
provided that the Contractor grants preferential treatment to Customers and the
Department with respect to commodities or contractual services subjected to allocation,
or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the commodity or contractual
services that are the subject of the delay, which purchases may be deducted from the
Contract quantity, or (3) terminate the Contract in whole or in part.
SECTION 12. CONTRACT AUDITS.
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits
of the Contractor and subcontractors as determined by the Department. The Department
may conduct an audit and review all the Contractor’s and subcontractors’ data and
records that directly relate to the Contract. To the extent necessary to verify the
Contractor’s fees and claims for payment under the Contract, the Contractor’s
agreements or contracts with subcontractors, partners, or agents of the Contractor,
pertaining to the Contract, may be inspected by the Department upon fifteen (15)
calendar days’ notice, during normal working hours and in accordance with the
Contractor’s facility access procedures where facility access is required. Release
statements from its subcontractors, partners, or agents are not required for the
Department or its designee to conduct compliance and performance audits on any of the
Contractor’s contracts relating to this Contract. The Inspector General, in accordance
with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor
General also have authority to perform audits and inspections.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
82
SP approved version 7‐1‐2019 16
12.2 Payment Audit.
Records of costs incurred under terms of the Contract will be maintained in accordance
with section 8.3 of these Special Contract Conditions. Records of costs incurred will
include the Contractor’s general accounting records, together with supporting documents
and records of the Contractor and all subcontractors performing work, and all other
records of the Contractor and subcontractors considered necessary by the Department,
the State of Florida’s Chief Financial Officer, or the Office of the Auditor General.
SECTION 13. BACKGROUND SCREENING AND SECURITY.
13.1 Background Check.
The Department or Customer may require the Contractor to conduct background checks
of its employees, agents, representatives, and subcontractors as directed by the
Department or Customer. The cost of the background checks will be borne by the
Contractor. The Department or Customer may require the Contractor to exclude the
Contractor’s employees, agents, representatives, or subcontractors based on the
background check results. In addition, the Contractor must ensure that all persons have
a responsibility to self-report to the Contractor within three (3) calendar days any arrest
for any disqualifying offense. The Contractor must notify the Contract Manager within
twenty-four (24) hours of all details concerning any reported arrest. Upon the request of
the Department or Customer, the Contractor will re-screen any of its employees, agents,
representatives, and subcontractors during the term of the Contract.
13.2 E-Verify.
The Contractor must use the U.S. Department of Homeland Security’s E-Verify system
to verify the employment eligibility of all new employees hired during the term of the
Contract for the services specified in the Contract. The Contractor must also include a
requirement in subcontracts that the subcontractor must utilize the E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during
the Contract term. In order to implement this provision, the Contractor must provide a
copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within
five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E-
Verify System, it will do so within five (5) calendar days of notice of Contract award and
provide the Contract Manager a copy of its MOU within five (5) calendar days of
Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each
Contractor or subcontractor new hire, the Contractor must provide a statement within
five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify
case number.
13.3 Disqualifying Offenses.
If at any time it is determined that a person has been found guilty of a misdemeanor or
felony offense as a result of a trial or has entered a plea of guilty or nolo contendere,
regardless of whether adjudication was withheld, within the last six (6) years from the
date of the court’s determination for the crimes listed below, or their equivalent in any
jurisdiction, the Contractor is required to immediately remove that person from any
position with access to State of Florida data or directly performing services under the
Contract. The disqualifying offenses are as follows:
(a) Computer related crimes;
(b) Information technology crimes;
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
83
SP approved version 7‐1‐2019 17
(c) Fraudulent practices;
(d) False pretenses;
(e) Frauds;
(f) Credit card crimes;
(g) Forgery;
(h) Counterfeiting;
(i) Violations involving checks or drafts;
(j) Misuse of medical or personnel records; and
(k) Felony theft.
13.4 Confidentiality.
The Contractor must maintain confidentiality of all confidential data, files, and records
related to the commodities or contractual services provided pursuant to the Contract and
must comply with all state and federal laws, including, but not limited to sections
381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures
must be consistent with the most recent version of the Department security policies,
protocols, and procedures. The Contractor must also comply with any applicable
professional standards with respect to confidentiality of information.
SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM.
The Contractor warrants that, to the best of its knowledge, there is no pending or
threatened action, proceeding, or investigation, or any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its
Contract obligations. The Contractor warrants that neither it nor any affiliate is currently
on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List,
or on any similar list maintained by any other state or the federal government. The
Contractor shall immediately notify the Department in writing if its ability to perform is
compromised in any manner during the term of the Contract.
DocuSign Envelope ID: F7D0EA8B-8C13-461F-8CDD-B76FF74E3A1D
84
State Term Contract
No. 25100000-23-STC
For
Motor Vehicles
Page 1 of 2
This Contract is between the State of Florida, Department of Management Services (Department),
an agency of the State of Florida, and Step One Automotive dba Ford Crestview (Contractor),
collectively referred to herein as the “Parties.”
Accordingly, for the good and mutual consideration hereby acknowledged, the Parties agree as
follows:
I.Initial Contract Term.
The Initial Contract Term shall be for two years. The Initial Contract Term shall begin on May
17, 2023. The Contract shall expire on May 16, 2025, unless terminated earlier in accordance
with the Special Contract Conditions and Additional Special Contract Conditions.
II.Renewal Term.
Upon mutual written agreement, the Parties may renew this Contract for one year, in whole
or in part, pursuant to the incorporated Special Contract Conditions.
III.Contract.
As used in this document, “Contract” (whether or not capitalized) shall, unless the context
requires otherwise, include this document and all incorporated Exhibits, which set forth the
entire understanding of the Parties and supersedes all prior agreements. All modifications to
this Contract must be in writing and signed by all Parties.
All Exhibits listed below are incorporated in their entirety into, and form part of, this Contract.
The Contract document and Exhibits shall have priority in the following order:
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
85
State Term Contract No. 25100000-23-STC
For
Motor Vehicles
Page 2 of 2
a)This Contract document
b)Exhibit A, Scope of Work
c)Exhibit B, Cost Sheet (Group 1 – 7)
d)Exhibit C, STC Additional Special Contract Conditions
e)Exhibit D, Special Contract Conditions
f)Exhibit E, Price Quote Form (PQF)
g)Exhibit F, Acknowledgement of Order Form
IV.Contract Management.
Department’s Contract Manager:
Christopher McMullen
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
Telephone: (850) 922-9867
Email: Christopher.McMullen@dms.fl.gov
Contractor’s Contract Manager:
Todd Carter
Step One Automotive dba Ford Crestview
4060 Ferdon Blvd
Crestview, FL 32536
Telephone: (602) 430-7329
Email: TCarter@StepOneAuto.com
This Contract is executed by the undersigned officials as duly authorized. This Contract is not
valid and binding on all Parties until signed and dated by both Parties.
STATE OF FLORIDA,
DEPARTMENT OF
MANAGEMENT SERVICES
_______________________________
Secretary, Pedro Allende
_______________________________
Step One Automotive
dba Ford Crestview
_____________________________
Eric Jore
____________________________
Date: Date:
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
5/16/2023 | 11:40 AM EDT 5/17/2023 | 1:37 PM EDT
86
25100000-23-STC Page 1 of 17
Motor Vehicles
Exhibit A
Scope of Work
1. Purpose
To provide Customers with new and unused Motor Vehicles on a statewide basis, pursuant to
the terms set forth in this Scope of Work. Contractors shall provide Motor Vehicles and
applicable Options in accordance with the scope contained herein. All State Agencies shall
comply with section 287.151, Florida Statutes, when purchasing under this Contract. The Motor
Vehicles offered under the Contract shall be classified under the following Groups and Sub-
Groups, which are listed and described as follows:
• Group 1: Law Enforcement Vehicles
o Sub-Group A: Police Pursuit Vehicles
o Sub-Group B: Special Service Vehicles
o Sub-Group C: Transport Vans
o Sub-Group D: Non-Specialized Vehicles for Law Enforcement Use Only
o Sub-Group E: Motorcycles
• Group 2: Sedans and Hatchbacks
o Sub-Group A: Sedans
o Sub-Group B: Hatchbacks
• Group 3: Minivans and Vans
o Sub-Group A: Minivans
o Sub-Group B: Vans
o Sub-Group C: Cutaways/Chassis Cabs
• Group 4: Sport Utility Vehicles
o Sub-Group A: Crossover Sport Utility Vehicles
o Sub-Group B: Traditional Sport Utility Vehicles
• Group 5: Light Duty Trucks
o Sub-Group A: Compact and Mid-Size Pickup Trucks
o Sub-Group B: Full-Size Pickup Trucks
• Group 6: Medium Duty Trucks
o Sub-Group A: Pickup Trucks
o Sub-Group B: Chassis Cabs
• Group 7: Low Speed Vehicles
2. Definitions
Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida
Administrative Code (F.A.C.); Attachment D, Special Contract Conditions; and the PUR 1001,
General Instructions to Respondents (10/06), are incorporated by reference. In the event of a
conflict, the definitions listed in this section supersede the incorporated definitions for the
purposes of this Scope of Work. All definitions apply in both their singular and plural sense.
Brand – A particular name under which a Motor Vehicle or Option is sold by a Manufacturer.
Examples include, but are not limited to: Ford, GMC, Chevrolet, Nissan, Toyota, etc.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
87
25100000-23-STC Page 2 of 17
Motor Vehicles
Business Day – Monday through Friday, inclusive, except for those holidays specified in
section 110.117, Florida Statutes, from 8:00 a.m. to 5:00 p.m. at the Customer’s location.
Commodity – As defined in section 287.012, Florida Statutes.
Commodity Code – The State’s numeric code for classifying Commodities and contractual
services which meet specific requirements, specifications, terms, and conditions herein. Florida
has adopted the United Nations Standard Products and Services Code (UNSPSC) for
classifying Commodities and services.
Confidential Information – Information that is trade secret or otherwise confidential or exempt
from disclosure under Florida or federal law.
Contract – The written agreement between the Department and the Contractor resulting from
ITB No. 23-25100000-ITB.
Contract Manager – The representative designated by the Department who will oversee all
aspects of the Contract, monitor performance expectations, and serve as the primary point of
contact for the Contractor.
Contractor – A Vendor that enters into a Contract with the Department as a result of receiving
an award from ITB No. 23-25100000-ITB. A Contractor can be a Manufacturer or Dealer.
Cost – The actual price the Contractor paid for the Model and applicable Options from the
Manufacturer including any delivery fees. Any price changes that occur during the
manufacturing, ordering, or delivery process must be approved by the Customer.
Cost Plus Percentage – The percentage the Contractor is allowed to charge above the Cost of
the Model and applicable Options.
Customer – A State agency or Eligible User.
Dealer – A Manufacturer’s certified dealer who has been authorized by the Manufacturer
to market, sell, provide, and service the Models or Options from the Manufacturer. Dealers
may be Contractor-owned and -controlled, (in whole or in part) or independently owned
and controlled.
Department – The Department of Management Services, a State agency.
Eligible User – As defined in Rule 60A-1.001, Florida Administrative Code.
Free on Board (FOB) Destination – A shipping method as defined in section
672.319(1)(b), Florida Statutes.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
88
25100000-23-STC Page 3 of 17
Motor Vehicles
Group – A series of Models with applicable Commodity Codes, which are described in this
Scope of Work and Attachment C, Cost Sheet (Group 1 – 7). A Group may or may not
include Sub-Groups.
Manufacturer – The original producer of a Motor Vehicle or Option, which may be sold
under a Brand name. Examples include, but are not limited to: Ford Motor Company,
General Motors (GM), Nissan Motor Corporation, Toyota Motor Corporation, etc.
Manufacturer’s Last Order Date – The final date the Manufacturer stops accepting orders
for a Model, either for a specific production year or overall (i.e., the discontinuation of a
Model).
Manufacturer’s Suggested Retail Price (MSRP) – The Manufacturer’s recommended
retail selling price, list price, published price, or other usual and customary price that would
be paid by the purchaser for specific Commodities or services without the benefit of the
Contract.
Model – A particular name used to identify a collection of Motor Vehicles that are sold under
the same Brand name and are similar in style and appearance. Examples include, but are
not limited to, Ford F-150, GMC Sierra, Chevrolet Suburban, Nissan Titan, Toyota Corolla,
etc.
Motor Vehicle – A specific vehicle that meets the definition of “Motor vehicle” contained in
section 320.01(1), Florida Statutes, or a specific vehicle that meets the definition of “Low-speed
vehicle” as contained in section 320.01(41), Florida Statutes. The term includes all Options that
are attached to or provided with the vehicle when it is manufactured. The Cost Plus Percentage
shown in Attachment C, Cost Sheet (Group 1 – 7), shall apply to the Cost for the Motor Vehicle,
regardless of whether any Options were specifically requested by the Customer or are
considered “standard” or “optional” for the trim level ordered by the Customer.
Options – Options which meet the requirements, terms, and conditions herein, and may be
installed to, uninstalled from, or provided with or separately from the Motor Vehicle by the
Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the
industry. Options include the following types:
• Non-Original Equipment Manufacturer (OEM) Option – A new and unused Option
intended for the Motor Vehicle that is produced by a party other than the OEM. May
also be referred to as an aftermarket Option.
• OEM Option - A new and unused Option intended for the Motor Vehicle that is
produced by the OEM.
State – The State of Florida.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
89
25100000-23-STC Page 4 of 17
Motor Vehicles
Sub-Group – A specific series of Models within a Group, which are described in this Scope of
Work and Attachment C, Cost Sheet (Group 1 – 7). A Group may or may not include Sub-
Groups.
3. Minimum Specifications and Standards
The Contractor shall ensure all Motor Vehicles and Options offered under this Contract comply
with the following:
a. Designed, constructed, equipped, assembled, and installed to be fully suitable
for their intended use, purpose, and service pursuant to this Scope of Work;
b. New and unused (except as specified in the Transportation and Delivery
section of this Scope of Work), for the Manufacturer’s latest Model year
available, of current or recent production, and of the latest available design and
construction;
c. Include all features, equipment, and components installed by Manufacturer or
Dealer according to the Manufacturer’s current procedures and requirements
for the applicable Manufacturer’s Motor Vehicles;
d. Free of damage, defect, and rust which may affect appearance, operability,
functionality, or serviceability;
e. Motor Vehicles and Options ordered by the Customer are fully compatible with
each other;
f. Comply with current legal, customary, reasonable, and professional standards
of the Motor Vehicle and transportation equipment manufacturing industry;
g. Comply with current mandatory and applicable federal and State of Florida
Motor Vehicles standards and requirements including, but not limited to, all
legal, safety, and environmental standards and requirements; and
4. Advertising and Marketing
No Dealer’s advertising and identification (name, logos, etc.) is permitted on any Commodity
offered under this Contract. The Manufacturer’s advertising and identification (name,
Model, logos, etc.) is permitted on any Commodity provided under this Contract if such
advertising and identification is a Manufacturer’s practice. The Contractor shall be
responsible for removing, without damage, all impermissible or unacceptable advertising
and identification. The Department and Customers reserve the right to, in their sole
discretion, determine what advertising and identification is considered unacceptable under
this Contract.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
90
25100000-23-STC Page 5 of 17
Motor Vehicles
5. Luxury, Performance, or Sport Motor Vehicles or Options
No luxury, performance, or sport Motor Vehicles or Options shall be permitted under this
Contract. The Bureau of Fleet Management and the Contract Manager shall determine what is
considered luxury, performance, or sport. All Options and equipment must be approved by the
Bureau of Fleet Management in accordance with 60B-1 F.A.C.
6. Installation
When installation is required, the Contractor shall be responsible for ensuring the installation of
the Options in the required locations at no additional charge, as specified in the Charges and
Fees section. Options shall be assembled and installed by the Manufacturer, Dealer, or at the
port. All materials used in the installation shall be new and unused and shall be free of defects
that would diminish the appearance or render it structurally or operationally unsound. Installation
includes the furnishing of any materials required to install or replace the parts in the proper
location. The Contractor shall protect the installation site from damage and shall repair any
damages caused during installation. If any alteration, dismantling, excavation, etc., is required to
achieve installation, the Contractor shall promptly restore the structure or site to its original
condition. The Contractor shall perform installation work so as to cause the least inconvenience
and interference with Customers and with proper consideration of others on the installation site.
Upon completion of the installation, the location and surrounding area of work shall be left clean
and in a neat and unobstructed condition, with everything in satisfactory repair and order.
6.1 Body Transfer and 3rd Party Body Installations
In the event the Customer chooses to purchase or supply a cab and chassis, or
cutaway van separately, the Contractor must comply with section 319.21, Florida
Statutes, perform Manufacturer required pre-delivery inspection, and ensure all
proper tag and title documents are present during the inspection and delivery
pursuant to Florida license requirements. The Contractor shall inform the
Customer, upon receipt of the order, of any additional charges for installation of
aftermarket Options only. The Department reserves the right to reject an
installation charge if, within the Department’s sole discretion, the proposed
installation charge does not align with market prices. The Manufacturer must
certify that it conforms to all Federal Motor Vehicle Safety Standards (FMVSS).
The facilitation of a body transfer or 3rd party body installations must be included in
the Motor Vehicle’s price; however, an additional cost may occur for installation by
the Contractor or body upfitter. The installation cost may vary due to the body
configuration; however, the installation price shall be included on the Price Quote
Form (PQF) from the Contractor.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
91
25100000-23-STC Page 6 of 17
Motor Vehicles
7. Warranty Repairs and Adjustments
All warranty repairs and adjustments are covered throughout the Contract term at no additional
cost to Customer(s) or the Department. The Manufacturer shall be responsible for warranty and
recall services performed, regardless of whether the Contractor actually performed the service.
Nothing in this section requires or allows the Contractor to require the Customer to return the
Motor Vehicle to the Contractor for warranty repairs and adjustments. The Customer shall be
able to return the Motor Vehicle to any location authorized by the Manufacturer to perform
warranty repairs and adjustments at no additional cost to the Customer.
7.1 Extended Warranty
This Contract does not include “extended warranty” service agreements. However, the
Contractor may offer Customers “extended warranty” service agreements for the
maintenance and repair of Commodities after the initial warranty expires, but not as a
term of this Contract. The Contractor will list this additional service as a separate item
on the invoice.
8. Federal and State Standards
All requirements herein are in full and complete compliance with all federal and State of Florida
laws, standards, and regulations applicable to the type and class of Commodities and contractual
services being provided. This includes but is not limited to: Federal Motor Vehicle Safety
Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA”), Environmental
Protection Agency (“EPA”) Standards, and State of Florida laws, requirements, and regulations
that apply to the type and class of Commodities and contractual services being provided. It is
the intent of the Department that the Contractor(s) comply with all applicable federal and State of
Florida regulations regarding the Commodities and contractual services’ safety and
environmental requirements, including any legislation or regulations which become effective
during the term of the Contract and shall become a part of the Contract. The Contractor(s) shall
meet or exceed any such requirements of the laws and regulations applicable to the type and
class of Commodities and contractual services provided. If a conflict exists, the Contractor,
regardless of whether it is the Manufacturer or Dealer, shall contact the Department’s Contract
Manager in writing no later than 24 hours after identification of the conflict.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
92
25100000-23-STC Page 7 of 17
Motor Vehicles
9. Warranty
The Manufacturer’s warranty shall cover all Commodities and contractual services offered under
the Contract. The Manufacturer’s warranty is required to provide coverage against defective
material, workmanship, and failure to perform. The Manufacturer’s warranty coverage shall be
identical to or exceed those normally provided for the Commodities and contractual services
specified herein that are sold to any Federal, state, or local governments. The Manufacturer’s
warranty shall be in effect for a minimum term of one year from the Customer’s acceptance, as
specified in the “Inspection and Acceptance” section. Should the Manufacturer’s warranty
conflict with any requirements, terms, or conditions of the Contract, the Contract requirements,
terms, and conditions shall prevail. Customers shall contact the Dealer or Manufacturer
regarding the Manufacturer warranty terms and conditions.
10. Recalls
In the event there is a recall of any of the Motor Vehicle or Options, the Contractor shall provide
reasonable assistance to the Department in developing a recall strategy and shall cooperate
with the Department and the Customers in monitoring the recall operation and in preparing such
reports as may be required. Each Contractor shall immediately notify and provide copies to the
Department of any communications, whether relating to recalls or otherwise, with any Customer.
The Contractor shall ensure that defective Motor Vehicle and Options are rectified, replaced, and
destroyed in compliance with all applicable laws, rules or regulations and the Department's
reasonable instructions. All Contractor efforts related to recalls shall be at Contractor’s own
expense.
11. Manufacturer’s Last Order Date and Production Schedule Changes
The Contractor shall provide notification of a Manufacturer’s Last Order Date by email to the
Department's Contract Manager no later than 30 calendar days prior to the effective date of the
Manufacturer’s Last Order Date. When available, the Contractor shall immediately provide
copies of the Manufacturer’s notice of the Manufacturer’s Last Order Date to the Department's
Contract Manager.
The Contractor shall notify the Customer and the Department’s Contract Manager in writing of
any production schedule changes associated with the Customer’s order within one Business Day
of receiving the order.
12. Model Additions, Replacements, and Deletions
A new Model may be added to Attachment C, Cost Sheet (Group 1 – 7) at the request of the
Contractor if all of the following conditions are met:
• The Model did not exist at the time of the original procurement;
• The Model is produced under a Brand for which the Contractor was awarded;
• The Model meets or exceeds the Contract requirements, specifications, terms and
conditions;
• The Model falls under a Sub-Group (or Group, for Groups that do not include Sub-
Groups) for which the Contractor was awarded; and
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
93
25100000-23-STC Page 8 of 17
Motor Vehicles
• The Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered
by the Contractor is less than or equal to the highest Motor Vehicle, OEM Options, and
Non-OEM Options Cost Plus Percentage offered for all Models in the same Sub-Group
(or Group, for Groups that do not include Sub-Groups) for which the Contractor was
awarded.
An existing Model may be replaced by a newer Model in Attachment C, Cost Sheet (Group 1 – 7)
at the request of the Contractor if all of the following conditions are met:
• The new Model did not exist at the time of the original procurement;
• The new Model is produced under the same Brand as the existing Model;
• The Model meets or exceeds the Contract requirements, specifications, terms and
conditions;
• The Manufacturer’s intent is to replace the existing Model with the new Model; and
• The Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered
by the Contractor for the new Model is less than or equal to the Motor Vehicle, OEM
Options, and Non-OEM Options Cost Plus Percentage for the existing Model being
replaced.
An existing Model may be deleted from Attachment C, Cost Sheet (Group 1 – 7) at the request of
the Contractor if the Manufacturer discontinues production of the Model.
The Department reserves the right to delete Models, from this Contract by removing them from
Attachment C, Cost Sheet (Group 1 – 7). Models may be removed at the sole discretion of the
Department.
The Department reserves the exclusive right to approve or deny any addition, deletion,
replacement, or other request under this section and to establish its effective date. Requests will
be reviewed separately and accepted or rejected on an individual basis.
13. Price Quote Form (PQF)
Customers shall request a PQF from all Contractors awarded for a specific Model. If the Model
is available from the Contractor, the Contractor shall provide Customers a completed PQF for
Motor Vehicles and Options purchased under this Contract and all charges, including labor and
installation, shall be itemized separately. The maximum pricing permitted shall not exceed the
sum of the Cost and applied Cost Plus Percentage for the awarded Model and Options. The
Customer and Contractor may negotiate a lower price.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
94
25100000-23-STC Page 9 of 17
Motor Vehicles
Upon Customer request, the completed PQF shall be provided by the Contractor and returned
to the Customer within two Business Days. The Contractor will provide the price available at the
time of the PQF using the latest information available from the manufacturer at the time and
considering Options or other additions to meet the Model and Options requested. The
Contractor is responsible for communicating any potential price changes during the
manufacturing process, and then give the Customer the option to accept the changes or cancel
the purchase order. The Contractor shall be responsible for removing all non-eligible and
unacceptable charges and fees under the Contract from the PQF.
At the time of quote, the PQF must be accompanied by documentation showing Cost and the
added Cost Plus Percentage for the Customer. Upon delivery, the Contractor must provide
documentation showing Cost and the added Cost Plus Percentage for the Customer. At a
minimum, the Contractor shall provide documentation reflecting the actual price the Contractor
paid for the Model and applicable Options from the Manufacturer including any delivery fees.
Any price changes that occur during the manufacturing, ordering, or delivery process must be
approved by the Customer.
14. Department Approval (State Agency Only)
After receiving a completed PQF, the Customer will develop a justification to support price
reasonableness and complete the MP6301, Request for Acquisition of Motor Vehicle(s) and
Mobile Equipment Form, which is available at:
https://www.dms.myflorida.com/business_operations/fleet_management_and_federal_property_
assistance/fleet_management/purchase_of_mobile_equipment
15. Acknowledgment of Order Form
The Contractor shall email Customers with a completed Attachment I, Acknowledgment of
Order Form, within five Business Days of receiving the Customer’s order. The Contractor
must use the Acknowledgment of Order Form and shall not make any alterations. Failure
by the Contractor to provide the Customer the Acknowledgment of Order Form within five
Business Days from the date the Contractor received the Customer’s order will be
considered acceptance of the order by default, which, if necessary, shall require the
provision of the Motor Vehicle(s) and Options which meets the requirements, terms, and
conditions herein and shall not be higher than the Cost Plus Percentage provided in
Attachment C, Cost Sheet (Group 1 – 7). If the awarded Motor Vehicle(s) and Options are
not available or cannot be delivered within the contractually required timeframe, the
Contractor must provide a comparable Motor Vehicle(s) and Options of equal or better
value which meets or exceeds the requirements, terms, and conditions herein. The
Contractor’s proposed substitution is subject to prior approval by the Customer and the
Department.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
95
25100000-23-STC Page 10 of 17
Motor Vehicles
16. Acceptance of Order
The Contractor shall deliver the awarded Motor Vehicle(s) and Options listed on the
Customer’s order in accordance with the prices, Cost Plus Percentages, requirements,
terms, and conditions of the Contract and the Customer’s order.
17. Transportation and Delivery
The final price to the Customer shall include all charges for packing, handling, freight,
distribution, and delivery. Transportation and Delivery of Motor Vehicles and Options shall
be Free on Board (FOB) Destination to any location statewide as follows:
1. Motor Vehicles and Options not in stock or unavailable from a Manufacturer at
the time of order must be delivered within 180 calendar days, and only based on
industry delays, not to exceed 365 calendar days, after receipt of order, unless
otherwise agreed to by the Customer. For any delivery not made within the 180
calendar day timeframe, due to industry delays, the Department’s Contract
Manager must be notified immediately by the Contractor and given a copy of
the Customer’s order. The Contractor must provide the Department’s Contract
Manager any requested information and a timeframe for completion of the
order.
2. Motor Vehicles and Options in stock must be delivered within 14 calendar days
after receipt of the Customer’s order unless an Option requires a post-
Manufacturer or Dealer installation. These Options shall be delivered within 30
calendar days after receipt of the order.
Delivery of Motor Vehicles and Options is defined as the receipt by the Customer and
delivered to the Customer’s place of business or designated location, or if the Customer
chooses, at the Contractor’s place of business. The Contractor shall provide Customers a
minimum of 24 hours’ written notice prior to delivery. Deliveries will be received only
between 8:00 a.m. and 3:00 p.m. on Business Days and on the Customer’s local time
unless previously arranged and approved by the Customer in writing.
Deliveries of Motor Vehicles and Options can be made by either private or common carrier
transport; or where delivery may be accomplished by driving the self-propelled vehicle with
less than 250 odometer miles at delivery, the self-propelled vehicle may, with the
Customer’s prior approval, be driven to the delivery location. The Contractor must make
every effort to minimize the number of odometer miles at delivery. At the Customer’s
option, vehicles with more than 250 odometer miles at delivery may be rejected, or $0.50
per mile in excess of 250 odometer miles may be deducted from the invoice and payment
owed to Contractor.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
96
25100000-23-STC Page 11 of 17
Motor Vehicles
The Contractor must comply with the Manufacturer’s break-in requirements and all
applicable traffic and safety laws. All Motor Vehicles delivered by the Contractor to the
Customer shall contain no less than ¼ tank of fuel as indicated by the fuel gauge at the
time of delivery and receipt by the Customer.
The Contractor will perform a Manufacturer’s Pre-Delivery Inspection (PDI) and is
responsible for delivering Motor Vehicles and Options that are properly serviced, clean,
and in first class operating condition. Pre-Delivery service, at a minimum, shall include the
following:
1. Complete lubrication of operating chassis, engine, and
mechanisms with Manufacturer’s recommended grades of lubricants;
2. Check and fill all fluid levels to ensure proper fill;
3. Adjust engine(s), motor(s), and drive(s) to proper operating condition;
4. Inflate tires (including any spares) to proper pressures;
5. Check to ensure proper operation of all gauges, lights, and mechanical and
hydraulic features;
6. Clean equipment, if necessary, and remove all unnecessary tags, stickers,
papers, etc.; and
7. Ensure that the Motor Vehicle is completely assembled, unless otherwise
noted by the Customer, and thoroughly tested and ready for operation
upon Delivery.
All Motor Vehicles shall be delivered with the following, completed documents:
1. Manufacturer’s PDI form;
2. A copy of the Customer’s order;
3. Contractor’s Attachment C, Cost Sheet (Group 1 – 7);
4. Manufacturer’s invoice(s) for each delivered Commodity, including
individual Motor Vehicle, and Options, in the shipment;
5. Proof of Manufacturer’s MSRP (commonly known as the window sticker) if
applicable, which shall not be adhered to the Vehicle and instead provided
with the documents listed herein;
6. Manufacturer’s certificate of origin, if applicable;
7. Manufacturer’s operator manual
8. Manufacturer’s warranty certifications;
9. Sales Tax Exemption Form, if applicable;
10. Temporary tag and 20-day extension tag, if applicable; and
11. DHSMV 82040, Application for Certificate of Title and vehicle registration, if
applicable.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
97
25100000-23-STC Page 12 of 17
Motor Vehicles
Deliveries that do not include all above applicable forms and publications, or that
have forms that have been altered, or are not properly completed, may be refused.
Repeated failures by the Contractor to include the above properly completed
documentation or that have submitted altered forms to the Customer may be cause
for default proceedings and Contract termination.
18. Inspection and Acceptance
Section 6.4, Inspection and Acceptance of Commodities, of Exhibit D, Special Contract
Conditions, is supplemented by adding the following:
The Customer should inspect the Motor Vehicle and Options for any physical damage. The
Contractor is obligated to correct any Customer identified errors or damage at no cost to
the Customer.
Inspection and acceptance shall occur at the location of the Customer’s place of business
or designated location, or if the Customer chooses, at the Contractor’s place of business.
Title and risk of loss or damage to all Motor Vehicles and Options shall be the responsibility
of the Contractor until inspection and acceptance by the Customer. If a Motor Vehicle or
Option requires service or adjustments, as required by the Customer, the Contractor shall
either correct the issue or be responsible for reimbursing the Manufacturer’s local service
Dealer or others selected by the Customer to remedy the defect. The Contractor shall
initiate such required service or adjustments within two Business Days following notification
by the Customer. The Commodity shall not be accepted until all service or adjustments are
satisfactory, and the Commodity is re-delivered in acceptable condition. All costs of
transportation and delivery incurred for initial delivery and any re-deliveries due to non-
Customer error or damage are the responsibility of the Contractor.
The Customer shall notify the Department of any Contract deviation that it cannot resolve with the
Contractor. The Department and Customer shall develop a corrective action plan related to the
Contract deviation, which may include the Customer’s permanent refusal to accept the Motor
Vehicle or Option, in which case the Commodity shall remain the property of the Contractor, and
the Customer and the State shall not be liable for payment for any portion thereof.
19. Commodities Title and Registration
The Contractor shall title and register Motor Vehicles delivered under the Contract for the
Customer in accordance with Florida Law, including Chapters 319 and 320, F.S. The
Contractor shall provide any necessary form(s) that must be signed by the Customer at the
time of delivery, and the Contractor shall obtain any necessary signature(s) and complete
the titling and registration process for the Customer within the timeframe agreed to by the
Customer and the Contractor.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
98
25100000-23-STC Page 13 of 17
Motor Vehicles
In the event the Customer is permitted by law to obtain title and registration for the Motor
Vehicle independent of the Contractor and chooses to obtain title and registration
independent of the Contractor, the Customer shall notify the Contractor in writing of this
decision no later than three Business Days following receipt of the Acknowledgment of
Order Form. However, the Customer shall then be obligated to title and register the Motor
Vehicle and the Contractor shall provide the Customer any documents necessary for the
Customer to do so at the time of delivery.
The Contractor may obtain special plates such as “State”, “County”, or “City” from most
county tax offices, but agency plates such as “DOT”, “DC”, “DNR”, etc. shall be obtained
from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, in
Tallahassee, Florida.
Customers may elect to transfer an existing license plate, or may choose to obtain a new
license plate, for which additional fees may apply.
• The Contractor is not required to obtain new license plates for the Customer unless
there is a notation, and a new license plate fee is included on the Customer’s
order.
The Customer’s order notation for a new license plate shall include the request for
a new license plate, what type of license plate is required, and a Customer point of
contact including the person’s name, title, and telephone number should there be
any questions.
20. Charges and Fees
All pricing under this Contract shall include the following in the Cost Plus Percentage:
1. Administrative;
2. Environmental;
3. *Tax, Tag, and Title;
4. *License Plate Transfer;
5. Preparation;
6. Handling;
7. Freight;
8. Distribution;
9. Shipping;
10. Delivery to any point within the State of Florida;
11. Warranty;
12. Tire and Battery Fee;
13. Any other charges or fees necessary to deliver the Motor Vehicle or Options
according to the requirements, specifications, terms, and conditions, exclusive
of taxes; and
14. Installation (except as specified in the Body Transfer and 3rd Party Body
Installations section of the SOW)
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
99
25100000-23-STC Page 14 of 17
Motor Vehicles
*Customers have the right to process their own Tax, Tag, and Title and License Plate Transfer.
If this occurs, the Contractor shall credit the Customer for any applicable title fees.
Charges and fees in excess of those that existed on the date the Contract was entered into may
be extended to Customers only if the amount of the increase is attributable to changes in market
conditions. The amount of the charge or fee extended to Customers shall not exceed the
difference between the amount of the charge or fee at the time of the request for Departmental
approval and the amount of the charge or fee that existed at the inception of the Contract. Prior
to extending any such charge or fee to Customers, the Contractor must request the
Department’s approval by submitting to the Contract Manager documentation and justification
for extending the amount of the charge or fee to Customers; the Contractor must explain the
changes in market conditions that resulted in the charge or fee, identify the entity that
determines and will receive the charge or fee (e.g. Manufacturer), and provide the methodology
used to determine the amount of the charge or fee extended to Customers.
The Department reserves the exclusive right to approve or deny the increase of any charge or
fee request. Any charge or fee request will be reviewed separately and accepted or rejected on
an individual basis. After obtaining written approval from the Department to extend a charge or
fee to Customers, the approved amount of the charge or fee must be listed separately on the
PQF; the Contractor shall provide documentation of the Department’s approval with each PQF
that includes the charge or fee.
21. Contract Reporting
The Contractor shall report information on orders received from Customers associated with this
Contract. The Contractor shall submit reports in accordance with the following schedule:
Report Period Covered Due Date
MFMP Transaction Fee Report Calendar month 15 calendar days after the end of
each month
Quarterly Sales Report State’s Fiscal
Quarter
30 calendar days after close of the
period
Diversity Report (submitted to the
Customer) State Fiscal Year 30 Business Days after close of the
period
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
100
25100000-23-STC Page 15 of 17
Motor Vehicles
22. MFMP Transaction Fee Report
The Contractor is required to submit monthly MFMP Transaction Fee Reports in the
Department’s electronic format. Reports are due 15 calendar days after the end of the
reporting period. For information on how to submit Transaction Fee Reports online, please
reference the detailed fee reporting instructions and vendor training presentations available
online at the Transaction Fee & Reporting section and Training for Vendors section on the
MFMP website. Assistance with Transaction Fee Reporting is also available from the
MFMP Customer Service Desk by email at:
VendorHelp@myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776) from 8:00
a.m. to 6:00 p.m. Eastern Time.
23. Quarterly Sales Reports
The Contractor shall submit a Quarterly Sales Report in the manner and format required by the
Department within thirty (30) calendar days after the close of each quarter. The Quarterly Sales
Report template can be found here:
https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/quart
erly_sales_report_format.
Initiation and submission of the most recent version of the Quarterly Sales Report posted on the
DMS website are the responsibility of the Contractor without prompting or notification by the
Department. If no sales are recorded during the period, the Contractor shall confirm that there
was no reportable activity in the manner required by the Department. Sales will be reviewed on
a quarterly basis. If no sales are recorded in two consecutive quarters, the Contractor may be
placed on probationary status, or the Department may terminate the Contract. Failure to provide
the Quarterly Sales Report, or other reports requested by the Department, will result in the
imposition of financial consequences and may result in the Contractor being found in default
and the termination of the Contract.
Quarter 1 – (July-September) – due 30 calendar days after the close of the period.
Quarter 2 – (October-December) – due 30 calendar days after the close of the period.
Quarter 3 – (January-March) – due 30 calendar days after the close of the period.
Quarter 4 – (April-June) – due 30 calendar days after the close of the period.
24. Diversity Report
The Contractor shall report to each Customer, spend with certified and other minority business
enterprises. These reports shall include the period covered, the name, minority code and
Federal Employer Identification Number of each minority business utilized during the period,
Commodities provided by the minority business enterprise, and the amount paid to each
minority business on behalf of each purchasing agency ordering under the terms of this
Contract.
25. Ad Hoc Reports
The Department may require additional Contract sales information such as copies of purchase
orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the
form acceptable to the Department within the timeframe specified by the Department.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
101
25100000-23-STC Page 16 of 17
Motor Vehicles
26. Business Review Meetings
Both the Department and Customer reserve the right to schedule business review meetings.
The Department or Customer may specify the format or agenda for the meeting. At a minimum,
the Business Review Meeting may include the following topics:
a. Contract compliance
b. Contract savings (in dollar amount and cost avoidance)
c. Spend reports by Customer
d. Recommendations for improved compliance and performance
27. Financial Consequences
Financial Consequences will be assessed for failure to timely perform or submit a report as
required by the Contract and shall be paid via check or money order in US Dollars and made
out to the Department of Management Services or the specific Customer, where applicable.
Financial Consequences will be assessed daily or per occurrence for each individual failure until
the performance or submittal is accomplished to the Department’s or Customer’s satisfaction,
unless stated otherwise. Customer’s reserve the right to revise or add additional financial
consequences for each order. For the submissions of reports, financial consequences will apply
to each target period beginning with the first full month or quarter of the Contract’s performance
and each month and quarter thereafter.
Deliverable Performance
Metric
Performance Due
Date
Financial
Consequence for
Non-Performance
Contractor will timely
submit completed
Quarterly Sales Reports
to the Department
All Quarterly Sales
Reports will be
submitted timely
with the required
information
Reports are due
on or before the
30th calendar day
after the close of
each State fiscal
quarter
$250 per Calendar
Day late/not received
Contractor will timely
submit completed MFMP
Transaction Fee Reports
to the Department
All MFMP
Transaction Fee
Reports will be
submitted timely
with the required
information
Reports are due
on or before the
15th calendar day
after the close of
each month
$250 per Calendar
Day late/not received
Contractor will timely
provide accurate Price
Quote Forms to
Customers
All Price Quote
Forms will be timely
provided to
Customers with
accurate information
PQFs are due
within two
Business Days
following the
Customer’s request
$250 per occurrence
of an inaccurate or
untimely Price Quote
Form
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
102
25100000-23-STC Page 17 of 17
Motor Vehicles
Contractor will deliver
Motor Vehicles with no less
than a ¼ tank of fuel upon
delivery to Customers
Contractor shall
adhere to delivery
requirements
pursuant to the
Transportation and
Delivery section in
the SOW
Upon each Motor
Vehicle delivery to
Customers
$50 per occurrence of a
Motor Vehicle delivery
with less than a ¼ tank
of fuel upon delivery to
Customers
Ad hoc report(s)
Provide ad hoc
reports as
requested
Within the
timeframe agreed
to by the
Department and
the Contractor or
Customer and
Contractor
$250 per occurrence
No favorable action will be considered for any Contractor who has outstanding Contract
Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to
include fees / monies that are required under this Contract.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
103
1
Exhibit C
ADDITIONAL SPECIAL CONTRACT CONDITIONS
A. Special Contract Conditions revisions: the corresponding subsections of the Special
Contract Conditions referenced below are replaced in their entirety with the following:
2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in whole
or in part only as set forth in the Contract documents, and in accordance with section
287.057(14), F.S.
3.2.2 Preferred Pricing. Left intentionally blank.
3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(24),
F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), or as may
otherwise be established by law, which the vendor shall pay to the State.
For payments within the State accounting system (FLAIR or its successor), the Transaction
Fee shall, when possible, be automatically deducted from payments to the vendor. If
automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to
subsection 60A-1.031(2), F.A.C. By submission of these reports and corresponding
payments, vendor certifies their correctness. All such reports and payments shall be subject
to audit by the State or its designee.
The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase
of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of
the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item
is rejected or returned, or declined, due to the vendor’s failure to perform or comply with
specifications or requirements of the agreement.
Vendors will submit any monthly reports required pursuant to the rule. All such reports and
payments will be subject to audit. Failure to comply with the payment of the Transaction Fees
or submission of required reporting of transactions shall constitute grounds for declaring the
Vendor in default.
5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of federal,
state, and local agencies having jurisdiction and authority. For example, the Contractor must
comply with section 274A of the Immigration and Nationality Act, the Americans with
Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
104
Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021)
prohibitions against discrimination on the basis of race, religion, sex, creed, national origin,
handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-
(c) and (g), F.S., are hereby incorporated by reference.
Nothing contained within this Contract shall be construed to prohibit the Contractor from
disclosing information relevant to performance of the Contract or purchase order to members
or staff of the Florida Senate or Florida House of Representatives.
Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and
ensure a representative will be available to, a continuing oversight team.
The Contractor will comply with all applicable disclosure requirements set forth in section
286.101, F.S. In the event the Department of Financial Services issues the Contractor a final
order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the
Contractor shall immediately notify the Department and applicable Customers and shall be
disqualified from Contract eligibility.
5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists.
In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby
informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S.
For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the
Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a
contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must
notify the Department if it or any of its suppliers, subcontractors, or consultants have been
placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator
Vendor List during the term of the Contract.
In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List
may not enter into or renew a contract to provide any goods or services to an agency after its
placement on the Suspended Vendor List.
A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S.,
the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List
pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section
287.134, F.S., is immediately disqualified from Contract eligibility.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty
to cooperate with the Inspector General in any investigation, audit, inspection, review, or
hearing. Upon request of the Inspector General or any other authorized State official, the
Contractor must provide any information the Inspector General deems relevant. Such
information may include, but will not be limited to, the Contractor's business or financial
records, documents, or files of any type or form that refer to or relate to the Contract. The
Contractor will retain such records for the longer of five years after the expiration or termination
of the Contract, or the period required by the General Records Schedules maintained by the
Florida Department of State, at the Department of State’s Records Management website. The
Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation
incurred by the Inspector General or other authorized State of Florida official for investigations
of the Contractor's compliance with the terms of this or any other agreement between the
Contractor and the State of Florida which results in the suspension or debarment of the
Contractor. Such costs will include but will not be limited to: salaries of investigators, including
overtime; travel and lodging expenses; and expert witness and documentary fees. The
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
105
Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021)
Contractor agrees to impose the same obligations to cooperate with the Inspector General
and retain records on any subcontractors used to provide goods or services under the
Contract.
8.1.1 Termination of Contract.
The Department may terminate the Contract for refusal by the Contractor to comply with this
section by not allowing access to all public records, as defined in Chapter 119, F.S., made or
received by the Contractor in conjunction with the Contract unless the records are exempt
from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S.
8.1.2 Statutory Notice.
Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on
behalf of a public agency, as defined in section 119.011(2), F.S., the following applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN
OF PUBLIC RECORDS AT PUBLICRECORDS@DMS.FL.GOV, (850)
487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE,
FLORIDA 32399-0950.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on
behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall:
(a) Keep and maintain public records required by the public agency to perform the service.
(b) Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure are not disclosed except as authorized by law for the duration of the Contract term
and following the completion of the Contract if the Contractor does not transfer the records to
the public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records
in possession of the Contractor or keep and maintain public records required by the public
agency to perform the service. If the Contractor transfers all public records to the public
agency upon completion of the Contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the
Contract, the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from the
public agency’s custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
106
Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021)
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits of
the Contractor and subcontractors as determined by the Department. The Department may
conduct an audit and review all the Contractor’s and subcontractors’ data and records that
directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and
claims for payment under the Contract, the Contractor’s agreements or contracts with
subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be
inspected by the Department upon fifteen (15) calendar days’ notice, during normal working
hours and in accordance with the Contractor’s facility access procedures where facility access
is required. Release statements from its subcontractors, partners, or agents are not required
for the Department or its designee to conduct compliance and performance audits on any of
the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with
section 5.6, the State of Florida’s Chief Financial Officer, and the Office of the Auditor General
shall also have authority to perform audits and inspections.
13.2 E-Verify.
The Contractor and its subcontractors have an obligation to utilize the U.S. Department of
Homeland Security’s (DHS) E-Verify system for all newly hired employees in accordance with
section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered
with, and uses, the E-Verify system for all newly hired employees in accordance with section
448.095, F.S. The Contractor must obtain an affidavit from its subcontractors in accordance
with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the
duration of the Contract. The Contractor shall provide a copy of its DHS Memorandum of
Understanding (MOU) to the Department’s Contract Manager within five days of Contract
execution.
This section serves as notice to the Contractor regarding the requirements of section 448.095,
F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the
Contract if it has a good faith belief that the Contractor has knowingly violated section
448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a
public contract for at least one year after the date of such termination. The Department will
promptly notify the Contractor and order the immediate termination of the contract between
the Contractor and a subcontractor performing work on its behalf for this Contract should the
Department have a good faith belief that the subcontractor has knowingly violated section
448.09(1), F.S.
B. Special Contract Conditions additions: the following subsection is added to the Special
Contract Conditions:
12.3 Document Inspection.
In accordance with section 216.1366, F.S., the Department or a state agency is authorized to
inspect the: (a) financial records, papers, and documents of the Contractor that are directly
related to the performance of the Contract or the expenditure of state funds; and (b)
programmatic records, papers, and documents of the Contractor which the Department or
state agency determines are necessary to monitor the performance of the Contract or to
ensure that the terms of the Contract are being met. The Contractor shall provide such
records, papers, and documents requested by the Department or a state agency within 10
Business Days after the request is made.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
107
SP approved version 7‐1‐2019 1
SPECIAL CONTRACT CONDITIONS
JULY 1, 2019 VERSION
Table of Contents
SECTION 1. DEFINITION. .......................................................................................................................... 2
SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2
SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3
SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4
SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6
SECTION 6. MISCELLANEOUS. ................................................................................................................. 7
SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL
PROPERTY. ............................................................................................................................................. 10
SECTION 9. DATA SECURITY. ................................................................................................................. 12
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13
SECTION 11. CONTRACT MONITORING. ............................................................................................... 14
SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15
SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16
SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17
In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included
herein by reference but is superseded in its entirety by these Special
Contract Conditions.
Exhibit D
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
108
SP approved version 7‐1‐2019 2
SECTION 1. DEFINITION.
The following definition applies in addition to the definitions in Chapter 287, Florida
Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.):
1.1 Customer.
The agency or eligible user that purchases commodities or contractual services pursuant
to the Contract.
SECTION 2. CONTRACT TERM AND TERMINATION.
2.1 Initial Term.
The initial term will begin on the date set forth in the Contract documents or on the date
the Contract is signed by all Parties, whichever is later.
2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in
whole or in part only as set forth in the Contract documents, and in accordance with
section 287.057(13), F.S.
2.3 Suspension of Work and Termination.
2.3.1 Suspension of Work.
The Department may, at its sole discretion, suspend any or all activities under the
Contract, at any time, when it is in the best interest of the State of Florida to do so. The
Customer may suspend a resulting contract or purchase order, at any time, when in the
best interest of the Customer to do so. The Department or Customer will provide the
Contractor written notice outlining the particulars of the suspension. After receiving a
suspension notice, the Contractor must comply with the notice and will cease the
performance of the Contract or purchase order. Suspension of work will not entitle the
Contractor to any additional compensation. The Contractor will not resume performance
of the Contract or purchase order until so authorized by the Department.
2.3.2 Termination for Convenience.
The Contract may be terminated by the Department in whole or in part at any time, in the
best interest of the State of Florida. If the Contract is terminated before performance is
completed, the Contractor will be paid only for that work satisfactorily performed for
which costs can be substantiated. Such payment, however, may not exceed an amount
which is the same percentage of the Contract price as the amount of work satisfactorily
performed. All work in progress will become the property of the Customer and will be
turned over promptly by the Contractor.
2.3.3 Termination for Cause.
If the performance of the Contractor is not in compliance with the Contract requirements
or the Contractor has defaulted, the Department may:
(a) immediately terminate the Contract;
(b) notify the Contractor of the noncompliance or default, require correction, and specify
the date by which the correction must be completed before the Contract is terminated; or
(c) take other action deemed appropriate by the Department.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
109
SP approved version 7‐1‐2019 3
SECTION 3. PAYMENT AND FEES.
3.1 Pricing.
The Contractor will not exceed the pricing set forth in the Contract documents.
3.2 Price Decreases.
The following price decrease terms will apply to the Contract:
3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery
of large single orders;
3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this
Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing
offered under comparable contracts. Comparable contracts are those that are similar in
size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must
annually submit an affidavit from the Contractor’s authorized representative attesting that
the Contract complies with this clause.
3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, the Contractor may conduct sales
promotions involving price reductions for a specified lesser period. The Contractor must
submit documentation identifying the proposed: (1) starting and ending dates of the
promotion, (2) commodities or contractual services involved, and (3) promotional prices
compared to then-authorized prices.
3.3 Payment Invoicing.
The Contractor will be paid upon submission of invoices to the Customer after delivery
and acceptance of commodities or contractual services is confirmed by the Customer.
Invoices must contain sufficient detail for an audit and contain the Contract Number and
the Contractor’s Federal Employer Identification Number.
3.4 Purchase Order.
A Customer may use purchase orders to buy commodities or contractual services
pursuant to the Contract and, if applicable, the Contractor must provide commodities or
contractual services pursuant to purchase orders. Purchase orders issued pursuant to
the Contract must be received by the Contractor no later than the close of business on
the last day of the Contract’s term. The Contractor is required to accept timely purchase
orders specifying delivery schedules that extend beyond the Contract term even when
such extended delivery will occur after expiration of the Contract. Purchase orders shall
be valid through their specified term and performance by the Contractor, and all terms
and conditions of the Contract shall survive the termination or expiration of the Contract
and apply to the Contractor’s performance. The duration of purchase orders for recurring
deliverables shall not exceed the expiration of the Contract by more than twelve months.
Any purchase order terms and conditions conflicting with these Special Contract
Conditions shall not become a part of the Contract.
3.5 Travel.
Travel expenses are not reimbursable unless specifically authorized by the Customer in
writing and may be reimbursed only in accordance with section 112.061, F.S.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
110
SP approved version 7‐1‐2019 4
3.6 Annual Appropriation.
Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an
agency for the purchase of services or tangible personal property for a period in excess
of one fiscal year, the State of Florida’s performance and obligation to pay under the
Contract is contingent upon an annual appropriation by the Legislature.
3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), F.S. All payments issued by Customers to registered Vendors for
purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law.
Vendors must pay the Transaction Fees and agree to automatic deduction of the
Transaction Fees when automatic deduction becomes available. Vendors will submit any
monthly reports required pursuant to the rule. All such reports and payments will be
subject to audit. Failure to comply with the payment of the Transaction Fees or reporting
of transactions will constitute grounds for declaring the Vendor in default and subject the
Vendor to exclusion from business with the State of Florida.
3.8 Taxes.
Taxes, customs, and tariffs on commodities or contractual services purchased under the
Contract will not be assessed against the Customer or Department unless authorized by
Florida law.
3.9 Return of Funds.
Contractor will return any overpayments due to unearned funds or funds disallowed
pursuant to the terms of the Contract that were disbursed to the Contractor. The
Contractor must return any overpayment within forty (40) calendar days after either
discovery by the Contractor, its independent auditor, or notification by the Department or
Customer of the overpayment.
SECTION 4. CONTRACT MANAGEMENT.
4.1 Composition and Priority.
The Contractor agrees to provide commodities or contractual services to the Customer
as specified in the Contract. Additionally, the terms of the Contract supersede the terms
of all prior agreements between the Parties on this subject matter.
4.2 Notices.
All notices required under the Contract must be delivered to the designated Contract
Manager in a manner identified by the Department.
4.3 Department’s Contract Manager.
The Department’s Contract Manager, who is primarily responsible for the Department’s
oversight of the Contract, will be identified in a separate writing to the Contractor upon
Contract signing in the following format:
Department’s Contract Manager Name
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
111
SP approved version 7‐1‐2019 5
Department’s Name
Department’s Physical Address
Department’s Telephone #
Department’s Email Address
If the Department changes the Contract Manager, the Department will notify the
Contractor. Such a change does not require an amendment to the Contract.
4.4 Contractor’s Contract Manager.
The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s
oversight of the Contract performance, will be identified in a separate writing to the
Department upon Contract signing in the following format:
Contractor’s Contract Manager Name
Contractor’s Name
Contractor’s Physical Address
Contractor’s Telephone #
Contractor’s Email Address
If the Contractor changes its Contract Manager, the Contractor will notify the
Department. Such a change does not require an amendment to the Contract.
4.5 Diversity.
4.5.1 Office of Supplier Diversity.
The State of Florida supports its diverse business community by creating opportunities
for woman-, veteran-, and minority-owned small business enterprises to participate in
procurements and contracts. The Department encourages supplier diversity through
certification of woman-, veteran-, and minority-owned small business enterprises and
provides advocacy, outreach, and networking through regional business events. For
additional information, please contact the Office of Supplier Diversity (OSD) at
osdinfo@dms.myflorida.com.
4.5.2 Diversity Reporting.
Upon request, the Contractor will report to the Department its spend with business
enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise
utilized during the period, commodities and contractual services provided by the
business enterprise, and the amount paid to the business enterprise on behalf of each
agency purchasing under the Contract.
4.6 RESPECT.
Subject to the agency determination provided for in section 413.036, F.S., the following
statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE
SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413,
FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME
PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES;
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
112
SP approved version 7‐1‐2019 6
AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER
BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL
BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS
DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.
Additional information about RESPECT and the commodities or contractual services it
offers is available at https://www.respectofflorida.org.
4.7 PRIDE.
Subject to the agency determination provided for in sections 287.042(1) and 946.515,
F.S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S.,
IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN
SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE
PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS
OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
Additional information about PRIDE and the commodities or contractual services it offers
is available at https://www.pride-enterprises.org.
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of
federal, state, and local agencies having jurisdiction and authority. For example, the
Contractor must comply with section 274A of the Immigration and Nationality Act, the
Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if
applicable, and all prohibitions against discrimination on the basis of race, religion, sex,
creed, national origin, handicap, marital status, or veteran’s status. The provisions of
subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference.
5.2 Dispute Resolution, Governing Law, and Venue.
Any dispute concerning performance of the Contract shall be decided by the
Department's designated Contract Manager, who will reduce the decision to writing and
serve a copy on the Contractor. The decision of the Contract Manager shall be final and
conclusive. Exhaustion of this administrative remedy is an absolute condition precedent
to the Contractor's ability to pursue legal action related to the Contract or any other form
of dispute resolution. The laws of the State of Florida govern the Contract. The Parties
submit to the jurisdiction of the courts of the State of Florida exclusively for any legal
action related to the Contract. Further, the Contractor hereby waives all privileges and
rights relating to venue it may have under Chapter 47, F.S., and all such venue
privileges and rights it may have under any other statute, rule, or case law, including, but
not limited to, those based on convenience. The Contractor hereby submits to venue in
the county chosen by the Department.
5.3 Department of State Registration.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
113
SP approved version 7‐1‐2019 7
Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert
status, other than a sole proprietor, must provide the Department with conclusive
evidence of a certificate of status, not subject to qualification, if a Florida business entity,
or of a certificate of authorization if a foreign business entity.
5.4 Suspended, Convicted, and Discriminatory Vendor Lists.
In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate
who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor
List may not perform work as a contractor, supplier, subcontractor, or consultant under
the Contract. The Contractor must notify the Department if it or any of its suppliers,
subcontractors, or consultants have been placed on the Suspended Vendor List,
Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract.
5.5 Scrutinized Companies - Termination by the Department.
The Department may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its
duty to cooperate with the Inspector General in any investigation, audit, inspection,
review, or hearing. Upon request of the Inspector General or any other authorized State
official, the Contractor must provide any information the Inspector General deems
relevant to the Contractor's integrity or responsibility. Such information may include, but
will not be limited to, the Contractor's business or financial records, documents, or files
of any type or form that refer to or relate to the Contract. The Contractor will retain such
records for the longer of five years after the expiration of the Contract, or the period
required by the General Records Schedules maintained by the Florida Department of
State, at the Department of State’s Records Management website. The Contractor
agrees to reimburse the State of Florida for the reasonable costs of investigation
incurred by the Inspector General or other authorized State of Florida official for
investigations of the Contractor's compliance with the terms of this or any other
agreement between the Contractor and the State of Florida which results in the
suspension or debarment of the Contractor. Such costs will include but will not be limited
to: salaries of investigators, including overtime; travel and lodging expenses; and expert
witness and documentary fees. The Contractor agrees to impose the same obligations to
cooperate with the Inspector General and retain records on any subcontractors used to
provide goods or services under the Contract.
SECTION 6. MISCELLANEOUS.
6.1 Subcontractors.
The Contractor will not subcontract any work under the Contract without prior written
consent of the Department. The Contractor is fully responsible for satisfactory
completion of all its subcontracted work. The Department supports diversity in its
procurements and contracts, and requests that the Contractor offer subcontracting
opportunities to certified woman-, veteran-, and minority-owned small businesses. The
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
114
SP approved version 7‐1‐2019 8
Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on
certified small business enterprises available for subcontracting opportunities.
6.2 Assignment.
The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations
under the Contract without the prior written consent of the Department. However, the
Contractor may waive its right to receive payment and assign same upon notice to the
Department. In the event of any assignment, the Contractor remains responsible for
performance of the Contract, unless such responsibility is expressly waived by the
Department. The Department may assign the Contract with prior written notice to the
Contractor.
6.3 Independent Contractor.
The Contractor and its employees, agents, representatives, and subcontractors are
independent contractors and not employees or agents of the State of Florida and are not
entitled to State of Florida benefits. The Department and Customer will not be bound by
any acts or conduct of the Contractor or its employees, agents, representatives, or
subcontractors. The Contractor agrees to include this provision in all its subcontracts
under the Contract.
6.4 Inspection and Acceptance of Commodities.
6.4.1 Risk of Loss.
Matters of inspection and acceptance are addressed in section 215.422, F.S. Until
acceptance, risk of loss or damage will remain with the Contractor. The Contractor will
be responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer will: record any evidence of visible
damage on all copies of the delivering carrier’s bill of lading; report damages to the
carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of
lading and damage inspection report.
6.4.2 Rejected Commodities.
When a Customer rejects a commodity, Contractor will remove the commodity from the
premises within ten (10) calendar days after notification of rejection, and the risk of loss
will remain with the Contractor. Commodities not removed by the Contractor within ten
(10) calendar days will be deemed abandoned by the Contractor, and the Customer will
have the right to dispose of such commodities. Contractor will reimburse the Customer
for costs and expenses incurred in storing or effecting removal or disposition of rejected
commodities.
6.5 Safety Standards.
Performance of the Contract for all commodities or contractual services must comply
with requirements of the Occupational Safety and Health Act and other applicable State
of Florida and federal requirements.
6.6 Ombudsman.
A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this office are found in section 215.422, F.S., which include
disseminating information relative to prompt payment and assisting contractors in
receiving their payments in a timely manner from a Customer. The Vendor Ombudsman
may be contacted at (850) 413-5516.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
115
SP approved version 7‐1‐2019 9
6.7 Time is of the Essence.
Time is of the essence regarding every obligation of the Contractor under the Contract.
Each obligation is deemed material, and a breach of any such obligation (including a
breach resulting from untimely performance) is a material breach.
6.8 Waiver.
The delay or failure by the Department or the Customer to exercise or enforce any rights
under the Contract will not constitute waiver of such rights.
6.9 Modification and Severability.
The Contract may only be modified by written agreement between the Department and
the Contractor. Should a court determine any provision of the Contract is invalid, the
remaining provisions will not be affected, and the rights and obligations of the Parties will
be construed and enforced as if the Contract did not contain the provision held invalid.
6.10 Cooperative Purchasing.
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
governmental entities that are not Customers may make purchases under the terms and
conditions contained herein, if agreed to by Contractor. Such purchases are independent
of the Contract between the Department and the Contractor, and the Department is not a
party to these transactions. Agencies seeking to make purchases under this Contract
are required to follow the requirements of Rule 60A-1.045(5), F.A.C.
SECTION 7. LIABILITY AND INSURANCE.
7.1 Workers’ Compensation Insurance.
The Contractor shall maintain workers’ compensation insurance as required under the
Florida Workers’ Compensation Law or the workers’ compensation law of another
jurisdiction where applicable. The Contractor must require all subcontractors to similarly
provide workers’ compensation insurance for all of the latter’s employees. In the event
work is being performed by the Contractor under the Contract and any class of
employees performing the work is not protected under Workers’ Compensation statutes,
the Contractor must provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of employees not otherwise
protected.
7.2 General Liability Insurance.
The Contractor must secure and maintain Commercial General Liability Insurance,
including bodily injury, property damage, products, personal and advertising injury, and
completed operations. This insurance must provide coverage for all claims that may
arise from performance of the Contract or completed operations, whether by the
Contractor or anyone directly or indirectly employed by the Contractor. Such insurance
must include the State of Florida as an additional insured for the entire length of the
resulting contract. The Contractor is responsible for determining the minimum limits of
liability necessary to provide reasonable financial protections to the Contractor and the
State of Florida under the resulting contract.
7.3 Florida Authorized Insurers.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
116
SP approved version 7‐1‐2019 10
All insurance shall be with insurers authorized and eligible to transact the applicable line
of insurance business in the State of Florida. The Contractor shall provide
Certification(s) of Insurance evidencing that all appropriate coverage is in place and
showing the Department to be an additional insured.
7.4 Performance Bond.
Unless otherwise prohibited by law, the Department may require the Contractor to
furnish, without additional cost to the Department, a performance bond or irrevocable
letter of credit or other form of security for the satisfactory performance of work
hereunder. The Department shall determine the type and amount of security.
7.5 Indemnification.
To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and
hold the Customer and the State of Florida, its officers, employees, and agents harmless
from all fines, claims, assessments, suits, judgments, or damages, including
consequential, special, indirect, and punitive damages, including court costs and
attorney’s fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret, or intellectual property right or out of any acts, actions,
breaches, neglect, or omissions of the Contractor, its employees, agents,
subcontractors, assignees, or delegates related to the Contract, as well as for any
determination arising out of or related to the Contract that the Contractor or Contractor’s
employees, agents, subcontractors, assignees, or delegates are not independent
contractors in relation to the Customer. The Contract does not constitute a waiver of
sovereign immunity or consent by the Customer or the State of Florida or its subdivisions
to suit by third parties. Without limiting this indemnification, the Customer may provide
the Contractor (1) written notice of any action or threatened action, (2) the opportunity to
take over and settle or defend any such action at Contractor’s sole expense, and (3)
assistance in defending the action at Contractor’s sole expense.
7.6 Limitation of Liability.
Unless otherwise specifically enumerated in the Contract or in the purchase order,
neither the Department nor the Customer shall be liable for special, indirect, punitive, or
consequential damages, including lost data or records (unless the Contract or purchase
order requires the Contractor to back-up data or records), even if the Department or
Customer has been advised that such damages are possible. Neither the Department
nor the Customer shall be liable for lost profits, lost revenue, or lost institutional
operating savings. The Department or Customer may, in addition to other remedies
available to them at law or equity and upon notice to the Contractor, retain such monies
from amounts due Contractor as may be necessary to satisfy any claim for damages,
penalties, costs, and the like asserted by or against them. The State may set off any
liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT,
AND INTELLECTUAL PROPERTY.
8.1 Public Records.
8.1.1 Termination of Contract.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
117
SP approved version 7‐1‐2019 11
The Department may terminate the Contract for refusal by the Contractor to comply with
this section by not allowing access to all public records, as defined in Chapter 119, F. S.,
made or received by the Contractor in conjunction with the Contract.
8.1.2 Statutory Notice.
Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor
acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following
applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL
ADDRESS, AND MAILING ADDRESS PROVIDED IN THE
RESULTING CONTRACT OR PURCHASE ORDER.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor
acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor
shall:
(a) Keep and maintain public records required by the public agency to perform the
service.
(b) Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law for the duration of the
Contract term and following the completion of the Contract if the Contractor does not
transfer the records to the public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the Contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the Contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency’s custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
8.2 Protection of Trade Secrets or Otherwise Confidential Information.
8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information.
If the Contractor considers any portion of materials to be trade secret under section
688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the
Contractor must clearly designate that portion of the materials as trade secret or
otherwise confidential when submitted to the Department. The Contractor will be
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
118
SP approved version 7‐1‐2019 12
responsible for responding to and resolving all claims for access to Contract-related
materials it has designated trade secret or otherwise confidential.
8.2.2 Public Records Requests.
If the Department receives a public records request for materials designated by the
Contractor as trade secret or otherwise confidential under Florida or federal law, the
Contractor will be responsible for taking the appropriate legal action in response to the
request. If the Contractor fails to take appropriate and timely action to protect the
materials designated as trade secret or otherwise confidential, the Department will
provide the materials to the requester.
8.2.3 Indemnification Related to Confidentiality of Materials.
The Contractor will protect, defend, indemnify, and hold harmless the Department for
claims, costs, fines, and attorney’s fees arising from or relating to its designation of
materials as trade secret or otherwise confidential.
8.3 Document Management.
The Contractor must retain sufficient documentation to substantiate claims for payment
under the Contract and all other records, electronic files, papers, and documents that
were made in relation to this Contract. The Contractor must retain all documents related
to the Contract for five (5) years after expiration of the Contract or, if longer, the period
required by the General Records Schedules maintained by the Florida Department of
State available at the Department of State’s Records Management website.
8.4 Intellectual Property.
8.4.1 Ownership.
Unless specifically addressed otherwise in the Contract, the State of Florida shall be the
owner of all intellectual property rights to all property created or developed in connection
with the Contract.
8.4.2 Patentable Inventions or Discoveries.
Any inventions or discoveries developed in the course, or as a result, of services in
connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the
sole property of the State of Florida. Contractor must inform the Customer of any
inventions or discoveries developed or made through performance of the Contract, and
such inventions or discoveries will be referred to the Florida Department of State for a
determination on whether patent protection will be sought. The State of Florida will be
the sole owner of all patents resulting from any invention or discovery made through
performance of the Contract.
8.4.3 Copyrightable Works.
Contractor must notify the Department or State of Florida of any publications, artwork, or
other copyrightable works developed in connection with the Contract. All copyrights
created or developed through performance of the Contract are owned solely by the State
of Florida.
SECTION 9. DATA SECURITY.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
119
SP approved version 7‐1‐2019 13
The Contractor will maintain the security of State of Florida data including, but not limited
to, maintaining a secure area around any displayed visible data and ensuring data is
stored and secured when not in use. The Contractor and subcontractors will not perform
any of the services from outside of the United States, and the Contractor will not allow
any State of Florida data to be sent by any medium, transmitted, or accessed outside the
United States due to Contractor’s action or inaction. In the event of a security breach
involving State of Florida data, the Contractor shall give notice to the Customer and the
Department within one business day. “Security breach” for purposes of this section will
refer to a confirmed event that compromises the confidentiality, integrity, or availability of
data. Once a data breach has been contained, the Contractor must provide the
Department with a post-incident report documenting all containment, eradication, and
recovery measures taken. The Department reserves the right in its sole discretion to
enlist a third party to audit Contractor’s findings and produce an independent report, and
the Contractor will fully cooperate with the third party. The Contractor will also comply
with all HIPAA requirements and any other state and federal rules and regulations
regarding security of information.
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS.
10.1 Gratuities.
The Contractor will not, in connection with this Contract, directly or indirectly (1) offer,
give, or agree to give anything of value to anyone as consideration for any State of
Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise
of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to
anyone anything of value for the benefit of, or at the direction or request of, any State of
Florida officer or employee.
10.2 Lobbying.
In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used
for the purpose of lobbying the Legislature, the judicial branch, or the Department.
Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from
lobbying the executive or legislative branch concerning the scope of services,
performance, term, or compensation regarding the Contract after the Contract is
executed and during the Contract term.
10.3 Communications.
10.3.1 Contractor Communication or Disclosure.
The Contractor shall not make any public statements, press releases, publicity releases,
or other similar communications concerning the Contract or its subject matter or
otherwise disclose or permit to be disclosed any of the data or other information
obtained or furnished in compliance with the Contract, without first notifying the
Customer’s Contract Manager and securing the Customer’s prior written consent.
10.3.2 Use of Customer Statements.
The Contractor shall not use any statement attributable to the Customer or its
employees for the Contractor’s promotions, press releases, publicity releases,
marketing, corporate communications, or other similar communications, without first
notifying the Customer’s Contract Manager and securing the Customer’s prior written
consent.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
120
SP approved version 7‐1‐2019 14
SECTION 11. CONTRACT MONITORING.
11.1 Performance Standards.
The Contractor agrees to perform all tasks and provide deliverables as set forth in the
Contract. The Department and the Customer will be entitled at all times, upon request, to
be advised as to the status of work being done by the Contractor and of the details
thereof.
11.2 Performance Deficiencies and Financial Consequences of Non-Performance.
11.2.1 Proposal of Corrective Action Plan.
In addition to the processes set forth in the Contract (e.g., service level agreements), if
the Department or Customer determines that there is a performance deficiency that
requires correction by the Contractor, then the Department or Customer will notify the
Contractor. The correction must be made within a time-frame specified by the
Department or Customer. The Contractor must provide the Department or Customer with
a corrective action plan describing how the Contractor will address all performance
deficiencies identified by the Department or Customer.
11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure.
If the corrective action plan is unacceptable to the Department or Customer, or
implementation of the plan fails to remedy the performance deficiencies, the Department
or Customer will retain ten percent (10%) of the total invoice amount. The retainage will
be withheld until the Contractor resolves the performance deficiencies. If the
performance deficiencies are resolved, the Contractor may invoice the Department or
Customer for the retained amount. If the Contractor fails to resolve the performance
deficiencies, the retained amount will be forfeited to compensate the Department or
Customer for the performance deficiencies.
11.3 Performance Delay.
11.3.1 Notification.
The Contractor will promptly notify the Department or Customer upon becoming aware
of any circumstances that may reasonably be expected to jeopardize the timely and
successful completion (or delivery) of any commodity or contractual service. The
Contractor will use commercially reasonable efforts to avoid or minimize any delays in
performance and will inform the Department or the Customer of the steps the Contractor
is taking or will take to do so, and the projected actual completion (or delivery) time. If
the Contractor believes a delay in performance by the Department or the Customer has
caused or will cause the Contractor to be unable to perform its obligations on time, the
Contractor will promptly so notify the Department and use commercially reasonable
efforts to perform its obligations on time notwithstanding the Department’s delay.
11.3.2 Liquidated Damages.
The Contractor acknowledges that delayed performance will damage the
DepartmentCustomer, but by their nature such damages are difficult to ascertain.
Accordingly, the liquidated damages provisions stated in the Contract documents will
apply. Liquidated damages are not intended to be a penalty and are solely intended to
compensate for damages.
11.4 Force Majeure, Notice of Delay, and No Damages for Delay.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
121
SP approved version 7‐1‐2019 15
The Contractor will not be responsible for delay resulting from its failure to perform if
neither the fault nor the negligence of the Contractor or its employees or agents
contributed to the delay, and the delay is due directly to fire, explosion, earthquake,
windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism,
civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly
beyond the Contractor’s reasonable control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor.
The foregoing does not excuse delay which could have been avoided if the Contractor
implemented any risk mitigation required by the Contract. In case of any delay the
Contractor believes is excusable, the Contractor will notify the Department in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10)
calendar days after the cause that created or will create the delay first arose, if the
Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is
not reasonably foreseeable, within five (5) calendar days after the date the Contractor
first had reason to believe that a delay could result. The foregoing will constitute the
Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for
damages will be asserted by the Contractor. The Contractor will not be entitled to an
increase in the Contract price or payment of any kind from the Department for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay, disruption,
interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist the Contractor will perform at no increased cost, unless
the Department determines, in its sole discretion, that the delay will significantly impair
the value of the Contract to the State of Florida or to Customers, in which case the
Department may (1) accept allocated performance or deliveries from the Contractor,
provided that the Contractor grants preferential treatment to Customers and the
Department with respect to commodities or contractual services subjected to allocation,
or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the commodity or contractual
services that are the subject of the delay, which purchases may be deducted from the
Contract quantity, or (3) terminate the Contract in whole or in part.
SECTION 12. CONTRACT AUDITS.
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits
of the Contractor and subcontractors as determined by the Department. The Department
may conduct an audit and review all the Contractor’s and subcontractors’ data and
records that directly relate to the Contract. To the extent necessary to verify the
Contractor’s fees and claims for payment under the Contract, the Contractor’s
agreements or contracts with subcontractors, partners, or agents of the Contractor,
pertaining to the Contract, may be inspected by the Department upon fifteen (15)
calendar days’ notice, during normal working hours and in accordance with the
Contractor’s facility access procedures where facility access is required. Release
statements from its subcontractors, partners, or agents are not required for the
Department or its designee to conduct compliance and performance audits on any of the
Contractor’s contracts relating to this Contract. The Inspector General, in accordance
with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor
General also have authority to perform audits and inspections.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
122
SP approved version 7‐1‐2019 16
12.2 Payment Audit.
Records of costs incurred under terms of the Contract will be maintained in accordance
with section 8.3 of these Special Contract Conditions. Records of costs incurred will
include the Contractor’s general accounting records, together with supporting documents
and records of the Contractor and all subcontractors performing work, and all other
records of the Contractor and subcontractors considered necessary by the Department,
the State of Florida’s Chief Financial Officer, or the Office of the Auditor General.
SECTION 13. BACKGROUND SCREENING AND SECURITY.
13.1 Background Check.
The Department or Customer may require the Contractor to conduct background checks
of its employees, agents, representatives, and subcontractors as directed by the
Department or Customer. The cost of the background checks will be borne by the
Contractor. The Department or Customer may require the Contractor to exclude the
Contractor’s employees, agents, representatives, or subcontractors based on the
background check results. In addition, the Contractor must ensure that all persons have
a responsibility to self-report to the Contractor within three (3) calendar days any arrest
for any disqualifying offense. The Contractor must notify the Contract Manager within
twenty-four (24) hours of all details concerning any reported arrest. Upon the request of
the Department or Customer, the Contractor will re-screen any of its employees, agents,
representatives, and subcontractors during the term of the Contract.
13.2 E-Verify.
The Contractor must use the U.S. Department of Homeland Security’s E-Verify system
to verify the employment eligibility of all new employees hired during the term of the
Contract for the services specified in the Contract. The Contractor must also include a
requirement in subcontracts that the subcontractor must utilize the E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during
the Contract term. In order to implement this provision, the Contractor must provide a
copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within
five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E-
Verify System, it will do so within five (5) calendar days of notice of Contract award and
provide the Contract Manager a copy of its MOU within five (5) calendar days of
Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each
Contractor or subcontractor new hire, the Contractor must provide a statement within
five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify
case number.
13.3 Disqualifying Offenses.
If at any time it is determined that a person has been found guilty of a misdemeanor or
felony offense as a result of a trial or has entered a plea of guilty or nolo contendere,
regardless of whether adjudication was withheld, within the last six (6) years from the
date of the court’s determination for the crimes listed below, or their equivalent in any
jurisdiction, the Contractor is required to immediately remove that person from any
position with access to State of Florida data or directly performing services under the
Contract. The disqualifying offenses are as follows:
(a) Computer related crimes;
(b) Information technology crimes;
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
123
SP approved version 7‐1‐2019 17
(c) Fraudulent practices;
(d) False pretenses;
(e) Frauds;
(f) Credit card crimes;
(g) Forgery;
(h) Counterfeiting;
(i) Violations involving checks or drafts;
(j) Misuse of medical or personnel records; and
(k) Felony theft.
13.4 Confidentiality.
The Contractor must maintain confidentiality of all confidential data, files, and records
related to the commodities or contractual services provided pursuant to the Contract and
must comply with all state and federal laws, including, but not limited to sections
381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures
must be consistent with the most recent version of the Department security policies,
protocols, and procedures. The Contractor must also comply with any applicable
professional standards with respect to confidentiality of information.
SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM.
The Contractor warrants that, to the best of its knowledge, there is no pending or
threatened action, proceeding, or investigation, or any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its
Contract obligations. The Contractor warrants that neither it nor any affiliate is currently
on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List,
or on any similar list maintained by any other state or the federal government. The
Contractor shall immediately notify the Department in writing if its ability to perform is
compromised in any manner during the term of the Contract.
DocuSign Envelope ID: 4B7E4A54-0EE4-4028-95F5-B837360F6B16
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
From:Stuart MacLean
To:Matt Tracht
Subject:RE: Vehicle Contracts
Date:Wednesday, October 2, 2024 4:51:08 PM
Attachments:image003.png
image004.png
image005.png
image006.png
image007.png
V2VV2V2_3d6ce35a-edbd-4479-ae1e-dcdfd786dee7.png
fbookv3_15231ecf-ef76-4fb4-acfe-a0d8c45ac529.png
linkedinv3_ada14ec2-58bc-48bf-95ad-93afcd902817.png
youtubev3_f5679ea2-9e71-4c98-833c-957965e0cd13.png
websitev3_dd0664f4-95fe-40e4-926a-c274a6076e65.png
Hello again,
Bothe the Sourcewell and DMS contracts are currently valid and good to use and in
some instances allow you to compare contract pricing. We recently, early September,
purchased a new vehicle from the DMS contract as the Florida Sherrif’s agreement
did not offer the model we were looking for. Please let me know how else I can help
you.
Regards
Stuart MacLean
Procurement Manager
P: (407) 327-7581 F: (407) 327-4753
A: 1126 East State Road 434
Winter Springs, Florida 32708
From: Matt Tracht <mtracht@winterspringsfl.org>
Sent: Wednesday, October 2, 2024 4:24 PM
To: Stuart MacLean <smaclean@winterspringsfl.org>
Subject: Vehicle Contracts
Stuart, can you review these contracts? We want to purchase vehicles and place this on the
agenda for October 14.
Much appreciated.
Matt Tracht, FBINA 268
Police Chief
P: (407) 327-7997 F: (407) 327-6652
A: 300 North Moss Road
Winter Springs, Florida 32708
157
158