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HomeMy WebLinkAboutR-02-1205J-02-867 10/31/02 RESOLUTION NO. 02-1205 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF HAND-HELD TOOLS AND HAND-HELD POWER TOOLS FROM VARIOUS VENDORS FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS ON AN AS -NEEDED CONTRACT BASIS, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 445-001-03-1, EFFECTIVE THROUGH JULY 29, 2003, SUBJECT TO ANY EXTENSIONS; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The procurement of hand-held tools and hand-held power tools from various vendors for the Department of Purchasing, to be utilized Citywide by various user departments and agencies on an as -needed contract basis, is approved, under State of Florida Contract No. 445-001-03-1, effective through July 29, 2003, subject to any extensions, with funds allocated from the General Operating Budgets of various user departments and agencies, subject to budgetary approval. CITY COM4OSSION MEETIM OF NOV 1 2002 Resolution No. 021205 Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.V PASSED AND ADOPTED this 19th ATTEST: PRISCILLA A. OM ON CITY CLERK APPRO,yZ015'A§4O FORM AND CORRECTNESS NDRO VILARELLO ATTORNEY W6604:tr:AS:BSS day of November 2002. tll�EL A. DIAZ, MA 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 02`1205 TO CITY OF MIAMI, FLORIDA A=3 INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission FROM: im nez City Manager RECOMMENDATION DATE: FILE: NOV - 4 2,02 SUBJECT: Resolution Authorizing Purchase of Tools, Hand Held and REFERENCES: Hand Held Power Tools State of Florida ENCLOSURES: Contract No. 445-001-03-1 It is respectfully recommended that the City Commission adopt the attached Resolution authorizing a citywide contract for the purchase of tools, hand held and hand held power tools from Various Vendors, under existing State of Florida Contract No. 445-001-03-1, effective until July 29, 2003, on as needed contract basis, subject to any extensions thereto by the State of Florida. Allocating funds therefore from the General Operating Budgets of the various operations departments and agencies, authorizing said purchases, as needed, subject to availability of funds. BACKGROUND Various municipalities and agencies have realized substantial savings utilizing the State of Florida contract for the purchase of tools, hand held and hand held power tools. The Purchasing Department has a need to secure a citywide contract for this commodity for use by various city operations departments and agencies on an as needed, when needed contract basis under existing State of Florida Contract No. 445-001-03-1. It is therefore recommended that award be made to Various Vendors for the purchase of said commodities. (fi 0— CAG/RJN/MAR/adm ResoMemo 02-1205 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES JEB BUSH Governor CYNTHIA A. HENDERSON Secretary MyRodda.com State Purchasing 4050 Esplanade Way Suite 350 Tallahassee, Florida 32399-0950 Telephone: 850-488-8440 Fax. 850-488-5498 Internet.• www.MYFLoRiDA.com Suite 315 CERTIFICATION OF CONTRACT TITLE: Tools: Hand Held & Hand Held Power Tools CONTRACT NO.: 445-001-03-1 ITN NO.: 51 -445 -001 -R -REBID EFFECTIVE: July 30, 2002 through July 29, 2003 SUPERSEDES: 445-001-99-1 CONTRACTOR(S): Distributor Tool X -Change (A) Grainger Industrial Supply (A) Hughes Supply, Inc. (A) Jim and Slims Tool Supply (B) Sears Industrial Sales (A) Snap -on Tools Company (A) ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF RICHARD ROUNTREE AT (850) 488-7809, SUNCOM 278-7809, E-MAIL: rountrr(a,dms.state.fl.us A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Tools: Hand Held & Hand Held Power Tools by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. 0z-1203 All contract purchase orders shall show the State Purchasing contract .number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to provide your input and recommendations for improvements in the contract to State Purchasing for receipt no later than 90 days prior to the expiration date of this contract. Authorized Signature (date) rr/meb Attachments 02-1205 Instructions to Bidders Contents 1.01 Definitions 1.02 General Instruction 1.03 Terms and Conditions 1.04 Who May Bid 1.05 Ordering Instructions 1.06 Basis for Award 1.07 Questions/Contract Specialist 1.08 Conflict of Interest 1.09 Convicted Vendors 1.10 Discriminatory Vendors 1.11 Bidder's Representation and Authorization 1.12 Performance Qualifications 1.13 Execution of Bid 1.14 Submittal of Bid 1.15 Bid Tabulation 1.16 Special Accommodation 1.17 Firm Bids 1.18 Clarifications/Revisions 1.19 Contract Formation 1.20 Notice of Award 1.21 Contract Overlap 1.22 Purchasing Card Program 1.23 Public Records 1.24 Bid -Protests 1.01 Definitions: See the general conditions for definitions of "bid," "Contract," "Contractor," "Customer," "Department," "product," "purchase order," and "State," which terms are material to these instructions. 1.02 General Instruction: The bidder shall read all of the solicitation documents and comply with all specified requirements. 1.03 Terms and Conditions: All bids are subject to the terms of the following sections of these solicitation documents, which, in case of conflict, shall have the order of precedence listed: technical specifications; instructions to bidders; and general conditions. These terms and conditions supersede the "general conditions" contained in the Bidder Acknowledgement form (PUR 7027 Rev. 6/1/98), which is included in section 4.0 of these solicitation documents. The Department objects to and shall not consider any additional terms or conditions submitted by a bidder, including any appearing in documents attached as part of a bidder's response. In signing and submitting its bid, a bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and 3 02-1205 conditions, including those specifying infonnation that must be submitted with a bid, shall be grounds for rejecting a bid. 1.04 Who May Bid: By submitting a bid, each bidder certifies that it satisfies the following criteria, in addition to any other specified in the solicitation documents. • Bidders must produce a current Manufacturer's Certificate for each Manufacturer's Brand bid on the Price Sheets. By submitting such Manufacturer's Certification(s), the Bidder agrees to maintain proper certification by the Manufacturer of the goods it offers for sale under this Bid throughout the Contract Term. A Certification form is included in Section 4.0, "Bid Forms." This form must be executed for each Manufacturer and submitted with the bid. • Bidders must maintain at least one factory -authorized service station and/or servicing dealer within the State of Florida to perform warranty repairs and adjustments throughout the Contract Term. Bidders must complete the Servicing Dealer List included in Section 4.0 "Bid Forms," and will be required to maintain that document throughout the Contract Term. This requirement is further detailed in section 2.04 of the Technical Specifications. In furtherance of the One Florida Initiative, bidders are encouraged to seek the participation of woman- and minority-owned business enterprises (WMBE). Information on the One Florida Initiative and WMBEs is available from the Office at Supplier Diversity at http://osd.dms.state.fl.us. Please identify each WMBE that will participate in the Contract and the nature of the participation. 1.05 Ordering Instructions: On the Ordering Instructions form included in section 4.0 of these solicitation documents, bidders shall identify persons responsible for answering questions about the bid and administering the Contract and shall provide information necessary for placing orders under the Contract. 1.06 Basis for Award: The Contract award, if any, will be based on the highest percentage discounts offered off the complete manufacturer's list price sheet for each manufacturer and brand name specified in the Pricing Sheets included in section 4.0 of these solicitation documents. The items and pricing bid on the Attachments and Accessories will not be a basis for award. The award will be made on a statewide multiple award basis, limited to four (4) awards for each manufacturer's line or brand bid. To be eligible for an award, a successful bidder must be within 10 percentage points of the highest discount percentage bid. (For example: If the highest discount offered to the State on a particular Brand were 40% off, the lowest possible discount that could be awarded on that same Brand would be 30%). 1.07 Ouestions/Contract Specialist: Bidders shall address any question regarding this solicitation to the Contract Specialist, who is identified on the cover sheet of this solicitation package. Iso not contact Customers directly. Questions shall be in writing, shall reference the 4 d2-1205 ITB number and the bid opening date, and shall be RECEIVED NO LATER THAN May 8, 2002, and shall be answered in writing on or before May 15, 2002. The Department shall post amendments to the solicitation documents on www.myflorida.com under the Florida Vendor Bid System located at http://fcn.state.fl.us/owa vbs/owa/vbs www.search.criteria form under the posted solicitation number. Each offeror is responsible for monitoring this site for new or changing information. The Department shall not be bound by any verbal information or by any written information that is not either contained within the solicitation documents or formally noticed and issued by the Contract Specialist. 1.08 Conflict of Interest: This solicitation is subject to chapter 112 of the Florida Statutes. Bidders shall disclose with their bid the name of any officer, director, employee or other agent who is also an employee of the State. Bidders shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the bidder or its affiliates. 1.09 Convicted Vendors: A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: submitting a bid on a contract to provide any goods or services to a public entity; submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; submitting bids on leases of real property to a public entity; being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 1.10 Discriminatory Vendors: An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.11 Bidder's Representation and Authorization: In submitting a bid, each bidder understands, represents, and acknowledges the following (if the bidder cannot so certify to any of following, the bidder shall submit with its bid a written explanation of why it cannot do so). • The bidder is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the bid, the bidder, its affiliates, subsidiaries, directors, officers, and employee are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public, contract. 5 02-1205 • To the best of the knowledge of the person signing the bid, the bidder has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid. • The bid prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other bidder or potential bidder; neither the prices nor amounts, actual or approximate, have been disclosed to any bidder or potential bidder, and they will not be disclosed before bid opening. • The bidder has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. Neither the bidder nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product offered by the bidder will conform to the specifications without exception. • The bidder has read and understands the Contract terms and conditions, and the bid is made in conformance with those terms and conditions. • If an award is made to the bidder, the bidder agrees that it intends to be legally bound to the Contract that is formed with the State. • The bidder has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the bid, and has been advised by each of them that he or she has not R 62—'1205 participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the bid. The bidder shall indemnify, defend, and hold harmless the Department and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the bidder's preparation of its bid. • All information provided by, and representations made by, the bidder are material and important and will be relied upon by the State in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the State of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 1.12 Performance Qualifications: The Department reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by bidder meet the Contract requirements. Bidder shall at all times during the Contract term remain responsive and responsible. Bidder must be prepared, if requested by the Department, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the bidder for the production, distribution, and servicing of the product bid. If the Department determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Department may reject the bid or terminate the Contract. Bidder may be disqualified from receiving awards if bidder, or anyone in bidder's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Department to make an investigation either before or after award of the Contract, but should the Department elect to do so, bidder is not relieved from fulfilling all Contract requirements. 1.13 Execution of Bid: Each bid shall be in the form included with these solicitation documents and manually signed by an authorized representative of the bidder. Bids shall be typed or printed in permanent ink. Any correction or alteration shall be in ink and initialed. Each bid shall include the Bidder Acknowledgement form (PUR 7027 Rev. 6/1/98), but the "General Conditions" of that form are superseded by the terms of and conditions of these solicitation documents. Each bid shall include a copy of the Contract form, signed by a person authorized to bind the Company. 1.14 Submittal of Bid: Submit the original bid and one copy in a sealed envelope. DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE. The face of the envelope shall indicate State Purchasing's address, the bid number, and date and time of the bid opening. Bids not submitted on the forms included with these solicitation documents shall be rejected. Each bidder is responsible for ensuring that its bid is delivered at the proper time and to the proper place. The Department shall not consider late bids. BIDS MUST BE RECEIVED AT STATE PURCHASING, 4050 ESPLANADE WAY, TALLAHASSEE, FLORIDA, AT OR BEFORE 2:00 P.M. ON MAY 28, 2002. 7 02-120" 1.15 Bid Tabulation: Bids shall be opened on the date specified on the Bidder Acknowledgement form (PUR 7027 Rev. 6/1/98), or as amended, and thereafter tabulated. Bid tabulations will be furnished upon written request and payment of a predetermined fee, as provided on the Request for Notification of No Award form (PUR 7063) included in section 4.0 of these solicitation documents. The Department shall not provide bid tabulations by telephone. 1.16 Special Accommodation: Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at (850) 488-8440 at least five (5) workdays prior to the bid opening. If you are hearing or speech impaired, please contact State Purchasing by using the Florida Relay Service at (800) 955-8771 (TDD). 1.17 Firm Bids: The Department may make award within sixty (60) days after the date of bid opening, during which period bids shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, a bid shall remain firm until either the Department awards the Contract or the Department receives from the bidder written notice that the bid is withdrawn. Any bid that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected. 1.18 Clarifications/Revisions: Before award, the Department reserves the right to seek clarifications, to request bid revisions, and to request any information deemed necessary for proper evaluation of bids from all bidders deemed eligible for Contract award. Failure to provide requested information may result in rejection of the bid. 1.19 Contract Formation: No contract shall be formed between bidder and the Department until the Department signs the Contract. The Department shall not be liable for any costs incurred by a bidder in preparing or producing its bid or for any work performed before the Contract is effective. 1.20 Notice of Award: The Department shall issue a notice of award, if any, to successful bidders. 1.21 Contract Overlap: Bidders shall identify any products covered by this solicitation that they are currently authorized to furnish under any other contract with the Department. By entering into the Contract, a Contractor authorizes the State to eliminate duplication between agreements in the manner the State deems to be in its best interest. 1.22 Purchasing Card Program: The State has implemented a purchasing card program through NationsBank, using the Visa network. Contractors will receive payment from the purchasing card in the same manner as other Visa purchases. Accordingly, bidders must presently have the ability to accept Visa or take whatever steps necessary to implement the ability before the start of the Contract term. The State reserves the right to revise this program in conjunction with implementation of an on-line procurement system. 1.23 Public Records: The Department does not intend to solicit confidential or proprietary information in response to this solicitation. Bidders are cautioned that Florida law generously defines what constitutes a public record; see, for example, section 119.07 of the Florida Statutes. 62-125 If a bidder believes that its bid contains information that should not be a public record, the bidder shall clearly segregate and mark that information (for example, stamp each page "Confidential" and place it in an envelope marked "Confidential") and briefly describe in writing the grounds for claiming exemption from the public records law. The Department will not independently evaluate the bidder's claim of exemption. If the Department receives a public records request related to the bid, the Department shall notify the bidder in writing at least seven days before making the information available for review by the requester. The bidder shall be solely responsible for taking whatever action it deems appropriate to legally protect its claim of exemption from the public records law. If the bidder fails to do so, the Department shall make the information available for review. In no event shall the Department or any of its employees or agents be liable for disclosing, or otherwise failing to protect the confidentiality of, information submitted in response to this solicitation. 1.24 Bid Protests: Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Notice of protest of the solicitation documents shall be made within seventy-two hours after receipt. Failure to comply with the law shall constitute a waiver of the protest. z 02-1205 Technical Specifications Table of Contents 2.01 Additional Definitions 2.02 Eligible Services 2.03 Price 2.04 Technical Documentation. 2.05 Factory Service Requirements 2.06 Contract Service Requirements 2.07 Delivery and Minimum Orders Appendix - Specifications 2.01 Additional Definitions The term "Manufacturer" refers to the person or company in the business of manufacturing products. "Manufacturer's Price List" means the most recent document published by the Manufacturer for all commercial users that details products available, model numbers, options, and prices for each. "Manufacturer's Representative," refers to a person engaged by the Manufacturer to sell or promote sales of the Manufacturer's products. "Servicing Dealer," is a sales establishment that maintains a relationship with the Manufacturer, and promotes, sells, installs, and maintains products for the Manufacturer. 2.02 Eligible Services. The State of Florida is seeking responsible vendors to provide Hand Held and Hand Held Power Tools to all Eligible Users. All Hand Held and Hand Held Power Tools offered shall be new and unused and in current production. Remanufactured or refurbished Hand Held and Hand Held Power Tools are not a part of this Contract, with the exception of items that contain recycled content. All tools offered must conform to the technical specifications contained in the Appendix. 2.03 Price. Bidders should submit pricing in the form of a discount off the current published Manufacturer's Price List. Bidders must list these prices and all other information required by the Price Sheets include in section 4.0, "Bid Forms." 2.04 Technical Documentation. Technical documentation, including printed technical literature, is required to be submitted with the bid package. The purpose of the documentation is to demonstrate compliance of the product bid with applicable technical requirements of the ITB and to allow a technical evaluation of the product. 2.05 Factory Service Requirements. The Contractor agrees to maintain at least one factory - authorized service station and/or servicing dealer within the State of Florida to perform warranty repairs and adjustments throughout the Contract Term. Bidders must complete 10 2-1205 the Servicing Dealer List included in section 4.0 "Bid Forms," and must maintain that document throughout the Contract Term. The Contractor shall promptly notify the Department of any changes thereto, however the Parties expressly agree that changes to the Servicing Dealer List are not Contract Amendments and do not require a formal written agreement. This arrangement shall not relieve the Contractor of its duty to maintain at least one (1) authorized service location within the State of Florida. The Contractor may offer the Eligible User "after warranty" service agreements for the maintenance and repair of goods after the initial one (1) year warranty expires. The Contractor shall contain this additional service as a separate item on the invoice and the Purchase Order. 2.06 Contract Service Requirements. Requests by Eligible Users for Product Literature, Price Lists, and Specifications must be provided within five (5) working days after receipt of written request, at no charge to Eligible Users. However, the Department shall review and approve all Product Literature, Price Lists, and promotional materials before distribution to Eligible Users. 2.07 Delivery and Minimum Orders. Prices bid shall include delivery to the ordering agency within 10 days after receipt of purchase order. Orders of less than $25 will not be processed. NOTE: This provision shall not be used by an agency to circumvent the intent of the contract. 11 02-1205 APPENDIX SPECIFICATIONS TOOLS: HAND HELD AND HAND HELD POWER TOOLS STATE OF FLORIDA Specification No. 445-001 DEPARTMENT OF MANAGEMENT SERVICES Effective STATE PURCHASING Date: 12-14-01 (Rev.) COMMODITY NUMBER(S) HAND HELD 445-000 HAND HELD POWER TOOLS 545-000 1.0 SCOPE AND CLASSIFICATION 1.1 Scope: This specification covers hand held and hand held power tools. This specification does not include all varieties of equipment, which are commercially available, but is intended to cover only those generally used by the State of Florida. 1.2 Classification: Hand tools covered by this specification shall be carpenter, electrician, mason, mechanic, plumber, refrigeration, sheet metal, and tubing type tools. Hand held power tools shall be electric or air powered tools. 2.0 APPLICABLE PUBLICATIONS. The following publications (issue in effect on date of invitation to bid) shall form a part of this specification: • Underwriters' Laboratories, Inc. UL Standard for Safety for Portable Electric Tools UL 45. (Applications for copies should be addressed to Underwriters' Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois 60611). 3.0 REQUIREMENTS 3.1 General: Hand Held and Hand Held Power Tools supplied in accordance with this specification shall be as listed in paragraph 1.2. This specification is general in detail of construction and materials used, as it is recognized that there is a variation in the manufacturing process by manufacturers who produce acceptable products. Hand Held and Hand Held Power Tools shall conform in quality, design and construction with all published claims of the manufacturer and the requirements of this specification. 3.2 Standard Products: Hand Held and Hand Held Power Tools and their component parts covered by this specification shall be standard products of the manufacturer or his suppliers. Items furnished shall be new and unused and shall be current year models except for changes necessary to comply with specification requirements. All accessories and components normally furnished with the standard product offered commercially shall be furnished with each Hand Held or Hand Held Power Tool. 12 0z -120-o 3.3 Workmanship: All Hand Held and Hand Held Power Tools shall be clean and free from any defects or features affecting appearance, serviceability or safety of the user in normal intended use. 3.4 Brand Names: Manufacturers and brand names listed in the Price Sheets are the only manufacturers and brand names acceptable for Items 1 through 45. Other manufacturers and brand names may be bid in Item 46. 4.0 SAMPLING AND INSPECTION 4.1 Random Samples: Samples of delivered items may be selected at random and tested for compliance with these specifications. If it is found that the delivered commodities are not equal to or better than the bid specifications, State Purchasing may proceed as stipulated in the "General Conditions" of the bid. 5.0 PREPARATION FOR DELIVERY 5.1 Packing: All items shall be packed to insure safe delivery to destination at lowest rates. 5.2 Toxics in Packaging: Packaging shall comply with the requirements of Florida Statute 403.7191. 5.3 Marking for Shipment:. Each container should be marked to include the following: • Description of Item • Name of Vendor • The State Contract and Purchase Order Numbers 6.0 NOTES 6.1 Commodities procured under this specification shall not deviate from those originally contracted for without written approval from State Purchasing. 6.2 This specification shall, until revised or rescinded by State Purchasing, apply to each future purchase and contract for the commodities described herein. 6.3 It is the intent of the State of Florida to encourage the use of commodities containing recycled content. Bidders are encouraged to report such availabilities to State Purchasing for determination of price preference eligibility according to Section 287.045, Florida Statutes. (SEE RECYCLED INFORMATION REPORT INCLUDED IN SECTION 4.0.) 13 02-1205 General Conditions Contents 3.01 Definitions 3.02 Eligible Customers 3.03 Quantity Discounts 3.04 Best Pricing Offer 3.05 Sales Promotions 3.06 Authorized Product Categories 3.07 Purchase Orders 3.08 Inspection at Contractor's Site 3.09 Literature 3.10 Invoicing and Payment 3.11 Taxes 3.12 Customer's Default 3.13 Annual Appropriations 3.14 Surcharge Fee and Summary of Total Sales 3.15 Governmental Restrictions 3.16 Compliance with Laws 3.17 Lobbying and Integrity 3.18 Indemnification 3.19 Performance Bond 3.20 Suspension of Work 3.21 Termination for Convenience 3.22 Termination for Cause 3.23 Force Majeure, Notice of Delay, and No Damages for Delay 3.24 Equitable Adjustment 3.25 Scope Changes 3.26 Renewal 3.27 Advertising 3.28 Assignment 3.29 Dispute Resolution 3.30 Employees, Subcontractors, and Agents 3.31 Security and Confidentiality 3.32 Independent Contractor Status of Contractor 3.33 Insurance Requirements 3.34 Warranty 3.35 Warranty of Authority 3.36 Warranty of Ability to Perform 337 Notice 3.38 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) 3.39 Modification of Terms 3.40 Waiver 3.41 Execution in Counterparts 14 3.42 Severability 3.01 Definitions: The term "bid" means the offer extended to the Department in response to this solicitation. The forms to accompany the bid are included in section 4.0 of these solicitation documents. "Contract" means the legally enforceable agreement, if any, that results from this solicitation. The parties to the Contract will be the Department and Contractor. The Contract shall be reduced to writing substantially in the form included in section 4.0 of these solicitation documents. "Contract Specialist" means the State Purchasing employee who is primarily responsible for administration of the Contract. The Contract Specialist is identified in the Instructions to Bidders. The Department may appoint a different Contract Specialist, which shall not constitute an amendment to the Contract, by sending notice to Contractor. Any communication to the Department by Contractors, by State Customer contract managers or contract administrators, or by other Customer purchasing officials, shall be addressed to the Contract Specialist. "Contractor" means a successful bidder, which, along with the Department, will enter into the Contract. The Department anticipates making a multiple award, but for sake of convenience the solicitation documents use the singular form of this term. "Customer" means the State agencies and other eligible users that will order products directly from the Contractor under the Contract. By ordering products under the Contract, the Customer agrees to its terms. Customers are not, however, parties to the Contract. "Department" means the Florida Department of Management Services. The Department will be a party to the Contract. "State Purchasing," a division within the Department's Support Program, is responsible for administration of this solicitation and will be responsible for day-to- day administration of the Contract. State Purchasing may be reached at 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950, (850) 487-4634, or via links posted at hM://www.myflorida.com/myflorida/business/index.html. The Department reserves the right to contract with a third -party service provider to assume responsibility for administration of the Contract. "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or other authorized means). "State" means the State of Florida and its agencies. 15 02-1205 3.02 Eligible Customers: Section 287.056 of the Florida Statutes governs agencies' use of the Contract. Others may seek Department approval under section 287.042(2)(a) as an eligible user of the Contract. Customers participating in the Contract do so according to the following terms: (1) non -State Customers assume and bear complete responsibility with regard to performance of any contractual obligation or term; (2) breach of a Contract term by any particular Customer shall not be deemed a breach of the Contract as a whole, which shall remain in full force and effect, and shall not affect the validity of the Contract nor the Contractor's obligations to non - breaching Customers or the Department; (3) the State shall not be liable for any breach by a non - State Customer; (4) each non -State Customer and the Contractor guarantee to save the State and its officers, agents, and employees harmless from liability that may be or is imposed by their failure to perform in accordance with their obligations under the Contract. 3.03 Ouantity Discounts: Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. 3.04 Best Pricing Offer: During the Contract term, if the Contractor sells substantially the same or a small quantity of a product outside the Contract, but upon the same or similar terms of the Contract, at a lower price, then at the discretion of the Department the price under the Contract shall be immediately reduced to the lower price. 3.05 Sales Promotions: In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then -authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. 3.06 Authorized Product Categories: Upon Contractor's written request, the Department may authorize the Contractor to furnish product under other categories or subcategories identified in the solicitation documents. In considering Contractor's request, the Department shall apply substantially the same terms and conditions governing the initial solicitation. The Department's decision on the request shall be final and not subject to appeal of any kind. 3.07 Purchase Orders: A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Even where not otherwise required, CUSTOMERS ARE ENCOURAGED TO INCLUDE PROVISIONS THAT PROMOTE GOOD CONTRACT MANAGEMENT PRACTICES AND ENABLE THE CUSTOMER 16 02-12057 AND CONTRACTOR TO MONITOR AND ADJUST PERFORMANCE, for example, provisions clearly defining the scope of the work, provisions dividing the order into objectively measured deliverables, provisions setting forth schedules for completion and (where appropriate) liquidated damages for untimely completion, etc. State Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(14) and (15) of the Florida Statutes. The Department reserves the right to revise this section in conjunction with implementation of an on-line procurement system. 3.08 Inspection at Contractor's Site: The State reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor or prospective Contractor (bidder) to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 3.09 Literature: Upon request, the Contractor shall furnish Customers literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 3.10 Invoicing and Payment: Invoices shall contain the Contract number, purchase order number, and the Contractor's SPURS vendor number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the Department's option, Contractors may be required to invoice electronically pursuant to Department guidelines. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Time limits do not begin until the Contractor submits a properly completed invoice. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 3.11 Taxes: The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Purchases by non -State Customers may be subject to taxes, which shall be computed based on the purchase price and added to the invoice submitted to such entity for payment. 3.12 Customer's Default: A Customer's breach of the terms of a particular order shall not be deemed a breach of the Contract. If a Customer fails to make a payment to the Contractor for products delivered or provided, accepted, and properly invoiced, within sixty days after approval for payment, then the Contractor may, upon ten days advance written notice to both the Department and Customer's purchasing official, suspend additional shipments or provision of product to that specific Customer until such time as reasonable arrangements have been made and assurances given by the Customer for current and future Contract payments. Notwithstanding the foregoing, the Contractor shall, in writing and at least ten days before declaring a Customer in breach of the terms of a particular order, notify both the Department and 17 02-1205 Customer's purchasing official of the specific facts, circumstances and grounds upon which the Contractor intends to declare a breach. If the Contractor's basis for declaring a breach is determined, then or later, to be insufficient, then the Contractor's declaration of breach and failure to service the Customer shall constitute a breach of the Contract by the Contractor and the Department or Customer may thereafter seek any remedy available at law or equity. 3.13 Annual Appropriations: The State's performance and obligation to pay under the Contract are contingent upon an annual appropriation by the Legislature. 3.14 Surcharge Fee and Summary of Total Sales: Pursuant to section 287.1345 of the Florida Statutes, a surcharge fee of one percent (1.0%) is imposed on Contractor's sales under the Contract. The fee shall be paid by the Contractor and must be included in prices bid and cannot be added as a separate item. After receipt of payment from the Contract purchases, all Contractor surcharge fees shall be payable to the Department no later than 15 days after the end of each quarter. The Contractor shall note "surcharge fee" and the contract number on a check and remit it to: Florida Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 At the end of each calendar quarter, the Contractor shall complete and submit to State Purchasing the Vendor User Fee Report form (PUR 7073C) included in section 4.0 of these solicitation documents. By submission of these reports and corresponding Contractor surcharge deposits, Contractor is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State. Contractors shall be responsible for reporting sales and paying user fees resulting from sales made by authorized resellers. The Department reserves the right to revise collection and reporting requirements in conjunction with implementation of an on-line procurement system. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding surcharge fees. CONTRACTORS DELINQUENT IN PAYING USER FEES MAY BE EXCLUDED FROM BIDDING ON DEPARTMENT CONTRACTS. 3.15 Governmental Restrictions: If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Department in writing, indicating the specific restriction. The Department reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Department. 3.16 Compliance with Laws: The Contractor shall 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. By way of non -exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida 18 02-1205 Administrative Code govern the Contract. By way of further non -exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Contract termination. 3.17 Lobbying and Integrity: Pursuant to section 216.347 of the Florida Statutes, the Contractor may not expend any State funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. In addition, the Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Department's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: h=://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any casts of investigations that do not result in the Contractor's suspension or debarment. 3.18 Indemnification: The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided that the State or Customer shall give the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in an infringement action without the Contractor's prior written consent, which shall not be unreasonably withheld. If any product is the subject of an 19 02-x.205 infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non -infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The Customer shall not be liable for any royalties. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 3.19 Performance Bond: Customers may require the Contractor to furnish without additional cost a performance bond or negotiable irrevocable letter of credit or other form of security for the faithful performance of work under the Contract. Such requirement shall be set forth in the purchase order. 3.20 Suspension of Work: The Department may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Department shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Department shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 3.21 Termination for Convenience: The Department, by written notice to the Contractor, may terminate the Contract in whole or in part when the Department determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 3.22 Termination for Cause: The Department may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A- 1.006(3), Florida Administrative Code, governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products OR 02-1205 were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department. The rights and remedies of the Department in this clause are in addition to any other rights and remedies provided by law or under the Contract. 3.23 Force Maieure. Notice of Delay, and No Damages for Delay: The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose; if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer or the Department. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer or 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 shall 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 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 with respect to products subjected to allocation, and/or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 3.24 Equitable Adjustment: The Department may, in its sole discretion, make an equitable adjustment in the Contract terms and/or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 21 02-120-0 3.25 Scope Changes: The Department may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Department may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Department may solicit separate bids to satisfy them. 3.26 Renewal: Subject to Chapter 287 of the Florida Statutes, and upon mutual agreement, the Department and the Contractor may renew the Contract, in whole or in part. Any renewal shall be in writing and signed by both parties. 3.27 Advertising: The Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Department, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Department or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State, the Department, or any Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 3.28 Assignment: The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Department; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. The Department may assign the Contract with prior written notice to Contractor of its intent to do so. 3.29 Dispute Resolution: Any dispute concerning performance of the Contract shall be decided by the Contract Specialist, who shall reduce the decision to writing and serve a copy on the Contractor and, if appropriate, the Customer. The decision of Contract Specialist shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Department a petition for administrative hearing. The Department's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply, the Contractor waives any right to jury trial that it may have, and the prevailing party shall be awarded reasonable costs incurred, including attorneys' fees and costs on appeal. 3.30 Employees. Subcontractors. and Agents: All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished P) v2-1205 by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 3.31 Security and Confidentiality: The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 3.32 Independent Contractor Status of Contractor: The Contractor, together with its agents, distributors, resellers, subcontractors, officers and employees, shall have and always retain under the Contract the legal status of an independent contractor, and in no manner shall they be deemed employees of the State or Customer or deemed to be entitled to any benefits associated with such employment. During the term of the Contract, Contractor shall maintain at its sole expense those benefits to which its employees would otherwise be entitled to by law, including health benefits, and all necessary insurance for its employees, including workers' compensation, disability, and unemployment insurance, and provide Customers with certification of such insurance upon request. The Contractor remains responsible for all applicable federal, state, and local taxes, and all FICA contributions. 333 Insurance Requirements: During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract,which, as a minimum, shall be: workers' compensation and employer's liability insurance per Florida statutory limits (currently $100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of the limit of liability), naming the State as an additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the Contract work, with minimum combined limits of $500,000, including hired and non - owned liability, and $5,000 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of the Contract. Upon request, the Contractor shall provide certificate of insurance. The Contract shall not limit the types of insurance Contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers 23 02-1205 authorized to write policies in Florida. 3.34 Warranty: Contractor warrants that all product furnished under the Contract shall be free of defective material and workmanship, and shall otherwise perform in accordance with required performance criteria, for a period of not less than two (2) years from date of acceptance. 3.35 Warranty of Authority: Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 3.36 Warranty of Ability to Perform: The Contractor shall provide the Department, no later than the time the Contractor returns a signed copy of the Contract, with proof of a Certificate of Status from the Secretary of State, Division of Corporations, demonstrating that the Contractor is in good standing and legally authorized to transact business in Florida. Failure to submit this documentation shall be sufficient grounds for withholding payment under the Contract and cause for termination. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. 3.37 Notice: All notices required tinder the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery. Notices to the Department shall be delivered to the Contract Specialist identified in the Instructions to Bidders. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 3.38 Prison Rehabilitative Industries and Diversified Enterprises. Inc. (PRIDE): Td the extent that a product is certified by or is available from PRIDE, and has been approved in accordance with section 946.515(2) of the Florida Statutes, it is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned. This provision is required by section 946.515(6) of the Florida Statutes; additional information about PRIDE and the products it offers is available at http://www.pridefl.com. 3.39 Modification of Terms: The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions by Customer under the Contract. The Contract may only be modified or amended upon mutual written agreement of the Department and the Contractor. No oral agreements or representations shall be valid or binding 24 �`�-9 205 upon the Department, a Customer, or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer unless authorized by the Department or specified in the notice of award. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. A Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 3.40 Waiver: The delay or failure by the Department to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other-right. 3.41 Execution in Counterparts: The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 3.42 Severability: If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable, and all other provisions shall remain in full force and effect. 25 i;2-1205 EXHIBIT 1 PRICE SHEET TOOLS: HAND HELD AND HAND HELD POWER TOOLS MANUFACTURER OR BRAND NAME: ATD TOOLS Price Sheet Number and Date: Discount to be used with Price List: No Award (1 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: BLACK & DECKER Price Sheet Number and Date: Discount to be used with Price List: No Award (2 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: BOSCH Price Sheet Number and Date: 210276 January 1, 2002 Discount to be used with Price List: 51%(3 Attachments/Accessory Price Sheet Number and Date: No. 210276 January 1. 2002 Discount to be used with Attachments/Accessory Price List: 55% CONTRACTOR: Hughes Supply, Inc. Price Sheet Number and Date: 210276 January 1, 2002 Discount to be used with Price List: 42%(3 Attachments/Accessory Price Sheet Number and Date: No. 210276 January 1, 2002 Discount to be used with Attachments/Accessory Price List: 20% CONTRACTOR: Jim and Slim's Tool Supply 26 02-1205 MANUFACTURER OR BRAND NAME CHANNELLOCK Price Sheet Number and Date: UN -1 August .l, 1999 Discount to be used with Price List: 44%(4 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change Price Sheet Number and Date: UN -1 August 1, 1999 Discount to be used with Price List: 50%(4 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Hughes Supply, Inc. CHICAGO PNEUMATIC Price Sheet Number and Date: AT -70 January 28, 2001 Discount to be used with Price List: 45%(5 Attachments/Accessory Price Sheet Number and Date: AA -56 January 28, 2001 Discount to be used with Attachments/Accessory Price List: 18% CONTRACTOR: Distributor Tool X -Change COOPER TOOLS Price Sheet Number and Date: 010101 IHTU January 1. 2001 Discount to be used with Price List: 50%(6 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Grainger Industrial Supply 27 02-1205 MANUFACTURER OR BRAND NAME COOPER TOOLS Price Sheet Number and Date: 010101IHTU January 1, 2001 Discount to be used with Price List: 51%(6 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Hushes SuDDly. Inc. Price Sheet Number and Date: 010101IHTU January 1, 2001 Discount to be used with Price List: 48%(6 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Jim and Slim's Tool Supply CRAFTSMAN TOOLS Price Sheet Number and Date: 202 2002-2003 April 1, 2002 Discount to be used with Price List: Craftsman Brand Only 13%(7 Attachments/Accessory Price Sheet Number and Date: 202 April 1. 2002 Discount to be used with Attachments/Accessory Price List: 13% ,Craftsman Brand Only CONTRACTOR: Sears. Roebuck and Co., Sears Industrial CRESCENT Price Sheet Number and Date: 010101IHTU January 1.2001 Discount to be used with Price List: 51%(8 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Hughes Supply, Inc. 02-1205 MANUFACTURER OR BRAND NAME Price Sheet Number and Date: 0101011HTU January 1, 2001 Discount to be used with Price List: 48%(8 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Jim and Slim's Tool SuDDly DAYTON Price Sheet Number and Date: Granger Catalog No. 393 2002-2003 Discount to be used with Price List: 5% (9 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Graineer Industrial SuDDly DEWALT Price Sheet Number and Date: 2002 LDWPL102 January 1. 2002 Discount to be used with Price List: 48%(10 Attachments/Accessory Price Sheet Number and Date: L69016 July 2, 2002 Discount to be used with Attachments/Accessory Price List: 35% CONTRACTOR: Grainger Industrial Supply Price Sheet Number and Date: 2002 LDWPL102 January 1. 2002 Discount to be used with Price List: 49%(10 Attachments/Accessory Price Sheet Number and Date: LDWPL102 January 1, 2002 Discount to be used with Attachments/Accessory Price List: 50% CONTRACTOR: Hughes Supply. Inc. 29 02-1205 MANUFACTURER OR BRAND NAME DREMEL TOOLS Price Sheet Number and Date: Discount to be used with Price List: No Award (11 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: ENERPAK Price Sheet Number and Date: Discount to be used with Price List: No Award (12 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: FLUKE Price Sheet Number and Date: WWG 02/01/02, 1618430J -ENG -P April 1, 2002 Discount to be used with Price List: 10%(13 Attachments/Accessory Price Sheet Number and Date:2002 February 1, 2002 Discount to be used with Attachments/Accessory Price List: 10% CONTRACTOR: Grainger Industrial Supply FOWLER Price Sheet Number and Date: Discount to be used with Price List: No Award (14 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: 30 02-1205 MANUFACTURER OR BRAND NAME GENERAL TOOLS Price Sheet Number and Date: Discount to be used with Price List: No Award (15 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: GRAY PNEUMATIC Price Sheet Number and Date: Discount to be used with Price List: No Award (16 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: GREENFIELD Price Sheet Number and Date: Discount to be used with Price List: No Award (17 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: GREENLEE Price Sheet Number and Date: 2002 MA -2409 April 1. 2002 Discount to be used with Price List: 25%(18 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Grainger Industrial Supply 31 02-1205 MANUFACTURER OR BRAND NAME GREENLEE Price Sheet Number and Date: 2002 MA -2409 April 1, 2002 Discount to be used with Price List: 27%(18 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Hughes Supply, Inc. Price Sheet Number and Date: 2002 MA -1038 April 1, 2002 Discount to be used with Price List: 28%(18 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Jim and Ship's Tool Supply INGERSOLL RAND Price Sheet Number and Date: Mechanics NPL -2002 January 1, 2002 Discount to be used with Price List: 50%(19 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change KENNAMETAL Price Sheet Number and Date: Discount to be used with Price List: No Award (20 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: 32 02-x205 MANUFACTURER OR BRAND NAME KENNEDY MANUFACTURING Price Sheet Number and Date: Discount to be used with Price List: Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: KLEIN TOOLS No Award (21 Price Sheet Number and Date: EDP No. 98881 June 4, 2001 Discount to be used with Price List: 45%(22 Attachments/Accessory Price Sheet Number and Date: EDP98883 June 4, 2002 Discount to be used with Attachments/Accessory Price List: 30% CONTRACTOR: Hughes S=IL Inc. Price Sheet Number and Date: EDP No. 98881 June 4, 2001 Discount to be used with Price List:' 38%(22 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Jim and Slim's Tool Supply ►1�7•�;i� �1 Price Sheet Number and Date: IPL301A February 1, 2002 Discount to be used with Price List: 40% (23 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change 33 a2 -x.205- MANUFACTURER OR BRAND NAME MAKITA Price Sheet Number and Date: IPL301-A February 1, 2002 Discount to be used with Price List: 40%(23 Attachments/Accessory Price Sheet Number and Date: IPL301-A February 1, 2002 Discount to be used with Attachments/Accessory Price List: 25% CONTRACTOR: Jim and Slim's Tool Supply MASTER TOOLS Price Sheet Number and Date: Discount to be used. with Price List: No Award (24 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: MILTON Price Sheet Number and Date: 8X840 July 1, 2000 Discount to be used with Price List: 35%(25 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change MILWAUKEE Price Sheet Number and Date: UPL-52 January 1, 2002 Discount to be used with Price List: 50%(26 Attachments/Accessory Price Sheet Number and Date: SPPL-22 June 1, 2001 Discount to be used with Attachments/Accessory Price List: 50% CONTRACTOR: Hughes Supply. Inc. 34 MANUFACTURER OR BRAND NAME MILWAUKEE Price Sheet Number and Date: UPL-52 January 1, 2002 Discount to be used with Price List: 45%(26 Attachments/Accessory Price Sheet Number and Date: UPL-52 January 1, 2002 Discount to be used with Attachments/Accessory Price List: 25% CONTRACTOR: Jim and Slim's Tool Supply MITUTOYA Price Sheet Number and Date: Discount to be used with Price List: No Award (27 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: NESCO Price Sheet Number and Date: Discount to be used with Price List: No Award (28 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: PORTER CABLE Price Sheet Number and Date: PC -1634 April 1, 2002 Discount to be used with Price List: 42%(29 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change 35 02-1205 MANUFACTURER OR BRAND NAME PORTER CABLE Price Sheet Number and Date: PC -1634 April 1, 2002 Discount to be used with Price List: 51%(29 Attachments/Accessory Price Sheet Number and Date: PC -1634 April 1, 2002 Discount to be used with Attachments/Accessory Price List: 45% CONTRACTOR: Hughespply, Inc. RIDGID Price Sheet Number and Date: 1101 999-997-005 November 19, 2001 Discount to be used with Price List: 25%(30 Attachments/Accessory Price Sheet Number and Date:PL-1101 999-997-007 11/19/01 Discount to be used with Attachments/Accessory Price List: 15% CONTRACTOR: Hughes Supply, Inc. Price Sheet Number and Date: 1101 999-997-005 November 19, 2001 Discount to be used with Price List: 18%(30 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Jim and Slim's Tool Supply SIOUX AUTOMOTIVE Price Sheet Number and Date: Discount to be used with Price List: No Award (31 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: 36 02-1205 MANUFACTURER OR BRAND NAME SIOUX PNEUMATIC Price Sheet Number and Date: Discount to be used with Price List: No Award (32 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: S.K. HAND TOOLS Price Sheet Number and Date: A943053 April 1, 2002 Discount to be used with Price List: 48%(33 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X-Chanize SKIL Price Sheet Number and Date: 210179 January 1, 2002 Discount to be used with Price List: 45%(34 .Attachments/Accessory Price Sheet Number and Date: 210179 January 1, 2002 Discount to be used with Attachments/Accessory Price List: 20% CONTRACTOR: Jim and Slim's Tool Supply SNAP-ON TOOLS Price Sheet Number and Date: IPL021 January 1. 2002 Discount to be used with Price List: Price Group: A,B,C,D. 25%(35 Discount to be used with Price List: Price Group: H,I,J,K,M, N,O,P,Q,R,S,T,U,V,W,X, Z. 20% (35 Discount to be used with Price List: Price Group: Y,O,1,L. 15%(35 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Snap -on Industrial 37 02-1205 MANUFACTURER OR BRAND NAME SPEEDAIRE Price Sheet Number and Date: Granger Catalog No. 393 2002-2003 Discount to be used with Price List: 5%(36 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Grainger Industrial Supply STANELY MECHANICS Price Sheet Number and Date: SMT -0104 April 1,2001 Discount to be used with Price List: 59.5%(37 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Grainger Industrial SunDly STANELY GOLDBLATT Price Sheet Number and Date: STGB-0201 January 1, 2002 Discount to be used with Price List: 55%(38 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Grainger Industrial Supply STANLEY PROTO Price Sheet Number and Date: PR101-0201 January 1, 2002 Discount to be used with Price List: 60.7%(19 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Grainger Industrial Supply W 02-1205 MANUFACTURER OR BRAND NAME STERRETT Price Sheet Number and Date: 133W,149W 2/.4/02 808W,1107V 2/7/00 Discount to be used with Price List: 15% (40 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Grainger Industrial Supply TEEL Price Sheet Number and Date: Granger Catalog No. 393 2002-2003 Discount to be used with Price List: 5%(41 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Grainger Industrial Supply WATERLOO Price Sheet Number and Date: WD4/02 April 15, 2002 Discount to be used with Price List: 45%(42 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change Price Sheet Number and Date: SU4/02 April 15, 2002 Discount to be used with Price List: 50%(42 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Hughes Supply, Inc. 39 MANUFACTURER OR BRAND NAME WESTWARD TOOL Price Sheet Number and Date: Granger Catalog No. 393 2002-2003 Discount to be used with Price List: 10% (43 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Grainger Industrial Supply WILLIAMS Price Sheet Number and Date: Discount to be used with Price List: No Award (44 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: WILTON Price Sheet Number and Date: Discount to be used with Price List: No Award (45 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: OTHER MANUFACTURER OR BRAND NAME ALLEN Price Sheet Number and Date: 89079-12 January 2, 2002 Discount to be used with Price List: 52%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Grainger Industrial Supply 40 02-x.205 MANUFACTURER OR BRAND NAME ARMSTRONG Price Sheet Number and Date: P9-153 January 2, 2002 Discount to be used with Price List: 60.7%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Grainger Industrial Supply CENTRAL Price Sheet Number and Date: 52002WD January 1, 2002 Discount to be used with Price List: 35%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change CHICAGO PNEUMATIC CONSTRUCTION Price Sheet Number and Date: CUPY-63 February 1, 2001 Discount to be used with Price List: 20%(46 Attachments/Accessory Price Sheet Number and Date: CUPY-63 February 1, 2001 Discount to be used with Attachments/Accessory Price List: 20% CONTRACTOR: Jim and Slim's Tool Supply FEIN Price Sheet Number and Date: FEIN January 14, 2002 Discount to be used with Price List: 20%(46 Attachments/Accessory Price Sheet Number and Date: FEIN January 14, 2002 Discount to be used with Attachments/Accessory Price List: 15% CONTRACTOR: Jim and Slim's Tool Supply 41 02-1205 MANUFACTURER OR BRAND NAME HANSON Price Sheet Number and Date: American Tool ATO 1-140 January 1, 2001 Discount to be used with Price List: 40%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change HILTI Price Sheet Number and Date: PLO 100099521 January 1, 2002 Discount to be used with Price List: 24%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Graineer Industrial SuDnly HITACHI Price Sheet Number and Date: EP9014.04.01 (6.0) April 1, 2001 Discount to be used with Price List: 38% (46 Attachments/Accessory Price Sheet Number and Date: EP9014 April 1, 2000 Discount to be used with Attachments/Accessory Price List: 15% CONTRACTOR: Jim and Slim's Tool Supply K -D Price Sheet Number and Date: 89105-56 January 2, 2002 Discount to be used with Price List: 37%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change 42 02-1205 MANUFACTURER OR BRAND NAME KESON Price Sheet Number and Date: Keson October 1. 2001 Discount to be used with Price List: 15%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Jim and Slim's Tool Supply KRAFT Price Sheet Number and Date: Kraft 2002 February 11, 2002 Discount to be used with Price List: 20%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Jim and Slim's Tool Supply LISLE Price Sheet Number and Date: T470D January 1. 2002 Discount to be used with Price List: 37% (46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change MAYHEW Price Sheet Number and Date: 5700L June 1, 1999 Discount to be used with Price List: 35%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change 43 MANUFACTURER OR BRAND NAME REED Price Sheet Number and Date: 1/01-01004 February 26, 2001 Discount to be used with Price List: - 15%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Jim and Slim's Tool Supply S&G TOOLAID Price Sheet Number and Date: WD -35 June 15 2001 Discount to be used with Price List: 35%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change SPX OTC Price Sheet Number and Date: 1201-U December 1, 2001 Discount to be used with Price List: 22%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change SUNEX Price Sheet Number and Date: Sunex Authorized User January 1, 2001 Discount to be used with Price List: 40%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change 44 02-1205 MANUFACTURER OR BRAND NAME VISE -GRIP Price Sheet Number and Date: American Tool ATO 1-140 January 1, 2001 Discount to be used with Price List: 40%(46 Attachments/Accessory Price Sheet Number and Date: Discount to be used with Attachments/Accessory Price List: CONTRACTOR: Distributor Tool X -Change 45 02--1205 ORDERING INSTRUCTIONS BIDDER: DISTRIBUTOR TOOL X -CHANGE SPURS VENDOR NUMBER: F59-2551649-001 Bid/Contract Administration Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: RYAN JOHNSON Title: SALES MANAGER Street Address: 2700 HAZELHURST AVE., ORLANDO, FL 32804 E-mail Address: dtx(a,dtxtools.com Phone Number(s): 407-293-3775 800-558-6677 Fax Number: 407-290-8305 IF THE PERSON RESPONSIBLE FOR ANSWERING QUESTIONS ABOUT THE BID IS DIFFERENT FROM THE PERSON IDENTIFIED ABOVE, PLEASE PROVIDE THE SAME INFORMATION FOR THAT PERSON. Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: Direct Orders PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUT WHERE CUSTOMERS SHOULD DIRECT ORDERS. YOU MUST PROVIDE A REGULAR MAILING ADDRESS. IF EQUIPPED TO RECEIVE PURCHASE ORDERS ELECTRONICALLY, YOU MAY ALSO PROVIDE AN INTERNET ADDRESS. Street Address or P.O. Box: 2700 HAZELHURST AVENUE City, State, Zip: ORLANO FL 32804 Phone Number: 407-293-3775 Toll Free Number: 800-558-6677 Ordering Fax Number: 407-290-8305 Internet Address: Federal ID Number: 59-2551649 Remit Address: 2700 HAZELHURST AVENUE City, State, Zip: ORLANDO, FL 32804 46 02-1205 ORDERING INSTRUCTIONS BIDDER: GRAINGER INDUSTRIAL SUPPLY SPURS VENDOR NUMBER: F36-1150280-035 Bid/Contract Administration Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: GREG SHOHAM Title: GOVERNMENT SALES MANAGER Street Address: 231 GARDENIA DRIVE FORT MYERS FL 33908 E-mail Address: €ie8 shohamanotes.granger.com Phone Number(s): 239-415-8297 CELL PHONE 678-725-2719 Fax Number: IF THE PERSON RESPONSIBLE FOR ANSWERING QUESTIONS ABOUT THE BID IS DIFFERENT FROM THE PERSON IDENTIFIED ABOVE, PLEASE PROVIDE THE SAME INFORMATION FOR THAT PERSON. Name: JOEL RODRIGUEZ Title: GOVEMENT SALES CORDINATOR Street Address: 1820 TAMPA EAST BOULEVARD TAMPA FL 33619 E-mail Address: Rodriuez.ja rg�anger.com Phone Number(s): 813-246-5053 Fax Number: 813-620-0357 Direct Orders PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUT WHERE CUSTOMERS SHOULD DIRECT ORDERS. YOU MUST PROVIDE A REGULAR MAILING ADDRESS. IF EQUIPPED TO RECEIVE PURCHASE ORDERS ELECTRONICALLY, YOU MAY ALSO PROVIDE AN INTERNET ADDRESS. Street Address or P.O. Box:_ 1820 TAMPA EAST BOULEVARD City, State, Zip: TAMPA, FL 33619 Phone Number: 813-246-5053 Toll Free Number: Ordering Fax Number: 813-620-0357 Internet Address: http://www.umger.com Federal ID Number: 36-1150280 Remit Address: 1820 TAMPA EAST BOULEVARD City, State, Zip: TAMPA, FL 33619 47 AUTHORIZED SERVICING DEALER LIST LIST BELOW ONE OR MORE IN-STATE REPRESENTATIVES, INCLUDING MAILING ADDRESSES AND TELEPHONE NUMBERS. NAN, Granger Altamonte Springs -139 Granger Clearwater Granger Daytona Beach -047 Granger Ft. Lauderdale -001 Granger Ft. Myers -090 Grainger Et. Pierce Grainger Hialeah Grainger Jacksonville Grainger Jacksonville -007 Granger Miami 48 ADDRESS & PHONE NO. 1001 Douglas Avenue, Altamonte Springs, FL 327714 407-682-6567 Fax 407-862-9034 12579 Wh Street N Clearwater, FL 33762 727-573-1777 843 Bill France Blvd., Daytona Beach, Florida 32117 386-274-5050 Fax 386-274-2255 6781 N.W. 17`x' Avenue Ft. Lauderdale, Fl 33309 954-471-4750 12431 Metro Parkway Ft. Myers, FL 33912 941-768-5999 Fax 941-768-1279 4750 US Highway 1 South Ft. Pierce, FL 34982 561-879-1299 7200 NW 37th Ave. Hialeah, FL 33147 305-693-0959 720 Suemac Road Jacksonville, FL 32254 904-781-8350 8450 Phillips Highway Jacksonville, FL 32256 904-636-8896 Fax 904-636-8833 261 SW 8h Street Miami, FL 33130 305-594-0587 02-1205 Granger Miami -040 Granizer Miami -091 Granger Ocala Grainger Orlando -006 Granger Pembroke Park Granger Pensacola -072 Granger Sarasota Granger Tallahassee -002 Granger�pa Granger West Melbourne Granger West Palm Beach -003 2255 NW 89'h Place Miami, FL 33172 305-594-0587 Fax 305 594-0886 10900 S.W. Quail Roost Dr. Miami, FL 33157 305-253-5563 Fax 305 253-2711 2620 SW 17" Road Suite 300 Ocala, FL 34474 352-732-8084 4180 L. B. McLeod Road Orlando, FL 32811 407- 843-3220 Fax 407-422-2233 2757 S. Park Road Pembroke Park , FL 33009 954-987-9801 4405 N. Palafox Street Pensacola FL 32505 850-435-4771 Fax 850-435-8957 6685 Whitfield Industrial Ave. Sarasota, FL 34243 941-753-3904 3924 W. Pensacola Street Tallahassee, FL 32304 850-575-4137 Fax 850-575-1764 1820 Tampa East Blvd. Tampa, FL 33619 813-622-7223 Fax 813-620-0357 101 S. Wickham Road Melboume, Fl 32904 407-951-1985 1800 Florida Mango Road West Paha Beach, Fl 33409 561-684-6895 Fax 561-686-1066 CONTRACTOR NAME: GRANGER INDUSTRIAL SUPPLY 49 PUR 7078 (04/96) 02-120" ORDERING INSTR UCTIONS BIDDER: HUGHES SUPPLY INC. SPURS VENDOR NUMBER: F59-0559446-129 Bid/Contract Administration Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: DON SULLIVAN Title: REGIONAL MANAGER -TOOLS AND FASTENERS Street Address: 590 N. FERGUSON DRIVE ORLANDO FL 32805 E-mail Address: dsullivanahughessMly.com Phone Number(s): 407-852-0466 EXTENSION 4527 Fax Number: 407-291-2006 IF THE PERSON RESPONSIBLE FOR ANSWERING QUESTIONS ABOUT THE BID IS DIFFERENT FROM THE PERSON IDENTIFIED ABOVE, PLEASE PROVIDE THE SAME INFORMATION FOR THAT PERSON. Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: Direct Orders PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUT WHERE CUSTOMERS SHOULD DIRECT ORDERS. YOU MUST PROVIDE A REGULAR MAILING ADDRESS. IF EQUIPPED TO RECEIVE PURCHASE ORDERS ELECTRONICALLY, YOU MAY ALSO PROVIDE AN INTERNET ADDRESS. Street Address or P.O. Box: 590 N. FERGUSON DRIVE City, State, Zip: ORLANDO, FL 32805 Phone Number: 407-291-1545 Toll Free Number: Ordering Fax Number: 407-291-2006 Internet Address: E-MAIL tools.florida�a hu essupply.com Federal ID Number: 59-0559446 Remit Address: POST OFFICE BOX 102188 City, State, Zip: ATLANTA, GA 30368-2188 50 02-1205 AUTHORIZED SERVICING DEALER LIST LIST BELOW ONE OR MORE IN-STATE REPRESENTATIVES, INCLUDING MAILING ADDRESSES AND TELEPHONE NUMBERS. NAME Hughes Clearwater Hughes Ft. Lauderdale Hughes Ft. Myers Hughes Gainesville Hughes Jacksonville Hughes Lakeland Hughes Leesburg Hughes Melboume Hughes Miami Hughes Ocala Hughes Orlando Hughes Panama City Beach 51 ADDRESS & PHONE NO. 4545 110;' Avenue Clearwater, Florida 33762 727-573-1158 2001 South Andrews Ave., Ft. Lauderdale, FL 33316 954-524-3611 6231 Idlewild Street, Ft. Myers, Florida 33912 941-931-4400 576 NE 23rd Avenue, Gainesville, Florida 32609 352- 377-0792 5285 Highway Ave., Jacksonville, Fl 32236 904-783-4567 419 N IngMM Ave., Lakeland, Fl 33801 863-688-5511 111 North Lake Ave, Leesburg, Fl 34748 352-787-5149 2701 West NASA Blvd., Melboume, FL 32904 321-724-5880 1400 NW 110t' Ave. Miami, Fl 33172 305-468-1475 1602 NE 6h Ave. Ocala, FL 34470 352-732-2995 521 W Central Blvd. Orlando, FL 32801 407-841-4710 17500 Panama City Beach Parkway Panama City Beach, FL 32413 850-236-3419 02-1205 Hughes Pompano Beach Hughes Riviera Beach Hughes Sarasota Hughes Sebring Hu es St. Augustine Hughes Tallahassee Hughes Tampa Hughes Venice Hughes West Melbourne Hughes West Palm Beach VENDOR NAME: HUGHES SUPPLY, INC. 52 1200 NW 15`'' Street, Pompano Beach Florida, 33069 954-782-6712 1751 L Avenue, Riviera. Beach, Florida 33419 561-863-5600 2525 12`x' Street Bldg No. 2, Sarasota, FL 34237 941-955-4701 8700 Highway 27 South, Sebring, Florida, 33876 863-655-2411 80 South Dixie Highway St. Augustine, Florida 32084 904-824-1608 550 Appleyard Drive, Tallahassee, Florida 32304 850-575-9642 10301 Fisher Avenue, Tampa, Fl 33619 813-621-9649 341 S Seaboard Ave., Venice, Fl 34292 941-485-4861 1445 Columbia Lane, Suite A West Melboume, Fl 32904 321-728-7123 1711 Upland Road West Palm Beach, Fl 33409 561-6847466 PUR 7078 (04/96) 1 F� 6 !,r � 0;) ORDERING INSTRUCTIONS BIDDER: JIM AND SLIM'S TOOL SUPPLY SPURS VENDOR NUMBER: F59-1389184-001 Bid/Contract Administration Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: MATTHEW HOGG Title: GOVERNMENT SALES Street Address: 13065 S. BELCHER ROAD, LARGO FLORIDA 33773 E-mail Address: toolsupaa,msn.com Phone Number(s): 727-535-5661 1-800-282-1024 Fax Number: 727-535-3841 IF THE PERSON RESPONSIBLE FOR ANSWERING QUESTIONS ABOUT THE BID IS DIFFERENT FROM THE PERSON IDENTIFIED ABOVE, PLEASE PROVIDE THE SAME INFORMATION FOR THAT PERSON. Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: Direct Orders PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUT WHERE CUSTOMERS SHOULD DIRECT ORDERS. YOU MUST PROVIDE A REGULAR MAILING ADDRESS. IF EQUIPPED TO RECEIVE PURCHASE ORDERS ELECTRONICALLY, YOU MAY ALSO PROVIDE AN INTERNET ADDRESS. Street Address or P.O. Box: 13065 S. BELCHER ROAD City, State, Zip: _ LARGO. FLORIDA 33773 Phone Number: 727-535-5661 Toll Free Number: 1-800-282-1024 Ordering Fax Number: 727-535-3841 Internet Address: Federal ID Number: 59-1389184 Remit Address: 13065 S. BELCHER ROAD City, State, Zip: LARGO, FLORIDA 33773 53 02-1205 ORDERING INSTRUCTIONS BIDDER: SEARS ROEBUCK AND CO. DBA SEARS INDUSTRIAL SPURS VENDOR NUMBER: F36-1750680-092 Bid/Contract Administration Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: SUSAN EASTER Title: SOUTHEAST DISTRICT MANAGER Street Address: 104 HARVEY STREET MARYVILLE TN 37804 E-mail Address: seaste4(usears.com Phone Number(s): 865-983-8169 1-800-776-8666-725 Fax Number: 865-983-8169 IF THE PERSON RESPONSIBLE FOR ANSWERING QUESTIONS ABOUT THE BID IS DIFFERENT FROM THE PERSON IDENTIFIED ABOVE, PLEASE PROVIDE THE SAME INFORMATION FOR THAT PERSON. Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: Direct Orders PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUT WHERE CUSTOMERS SHOULD DIRECT ORDERS. YOU MUST PROVIDE A REGULAR MAILING ADDRESS. IF EQUIPPED TO RECEIVE PURCHASE ORDERS ELECTRONICALLY, YOU MAY ALSO PROVIDE AN INTERNET ADDRESS. Street Address or P.O. Box:_ POST OFFICE BOX 42538 City, State, Zip: CINCINNATI, OHIO 45242-0538 Phone Number: 1-800-776-8666 EXT. 5 Toll Free Number: 1-800-776-8666 EXT. 5 Ordering Fax Number: 1-800-233-4557 Internet Address: Federal ID Number: 36-1750680 Remit Address: SEARS COMMERCIAL CREDIT 2211 PARKLAKE DR. City, State,,Zip: ATLANTA GA 30345-2801 54 0-1205 AUTHORIZED SERVICING DEALER LIST LIST BELOW ONE OR MORE IN-STATE REPRESENTATIVES, INCLUDING MAILING ADDRESSES AND TELEPHONE NUMBERS. Sears Bob Allen Sears Ralph Bostrom Sears John Halvorsen Roland Kendall Sears Jacksonville Sears Pensacola Sears St. Petersburg Sears Miami Sears Winter Park VENDOR NAME: SEARS INDUSTRIAL PUR 7078 (04/96) 55 ADDRESS & PHONE NO. 5230 Griffith Mill Rd., Baker, Fl 32531 1-800-776-8666 Ext. 735 551 Loring Ave., Orlando, El 32073 1-800-776-8666 Ext. 732 P.O. Box 1947, Oldsmar, Fl 34677-6947 1-800-776-8666 Ext. 736 P.O. Box 32429, Palm Beach Garden, Fl 33420 1-800-776-8666 Ext. 733 3555-1 S. St. Johns Bay Jacksonville, Fl 32224 904-998-6596 7801 Sears Blvd. Pensacola, Fl 32514 850-857-5710 40600 Park St. N St. Petersburg, Fl 33709 727-549-2500 3301 N.W. 107 Ave. Miami, F1 33178 305-594-2430 3825 S. Forsveth Road Winter Park, Fl 32792 407-677-3232 02-1205 ORDERING INSTRUCTIONS BIDDER: SNAP-ON INDUSTRIAL SPURS VENDOR NUMBER: F58-2069671-015 Bid/Contract Administration Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: SCOTT B. STEWARD Title: DISTRICT MANAGER Street Address: 22760 VISTAWOOD WAY BOCA RATON FL 33428 E-mail Address: scott.b.steward(a.snapon.com Phone Number(s): 561-479-2390 CELL PHONE 561-212-6404 Fax Number: 561479-2390 IF THE PERSON RESPONSIBLE FOR ANSWERING QUESTIONS ABOUT THE BID IS DIFFERENT FROM THE PERSON IDENTIFIED ABOVE, PLEASE PROVIDE THE SAME INFORMATION FOR THAT PERSON. Name: Title: Street Address: E-mail Address: Phone Number(s Fax Number: Direct Orders PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUT WHERE CUSTOMERS SHOULD DIRECT ORDERS. YOU MUST PROVIDE A REGULAR MAILING ADDRESS. IF EQUIPPED TO RECEIVE PURCHASE ORDERS ELECTRONICALLY, YOU MAY ALSO PROVIDE AN INTERNET ADDRESS. Street Address or P.O. Box: SNAP-ON INDUSTEIAL P.O. BOX 9004 City, State, Zip: CRYSTAL LAKE IL 60039 Phone Number: 877-740-1900 Toll Free Number: 877-740-1900 Ordering Fax Number: 877-740-1880 Internet Address: E-MAIL scott.b.stewardnasnapon.com Federal ID Number: 58-2069671 Remit Address: SNAP-ON INDUSTRIAL 21755 NETWORK PLACE City, State, Zip: CHICAGO IL 60673-1217 56 02-1205 AUTHORIZED SERVICING DEALER LIST LIST BELOW ONE OR MORE IN-STATE REPRESENTATIVES, INCLUDING MAILING ADDRESSES AND TELEPHONE NUMBERS. Snap -on Forrest Dickinson Snap -on Tony Junkel Snap -on Jim Lillibridge Snap -on Charles O'Conner Snap -on Rich Tortorigi Snap -on Randie Van Ness VENDOR NAME: SNAP-ON INDUSTRIAL PUR 7078 (04/96) 57 ADDRESS & PHONE NO. 7249 Bay Road. Mobile, AL 36605 0-251-443-7503, F-251-443-6067 C- 251-421-1105 2226 Ardon Ave., Orlando, FL 32833 0-407-568-0555, F-407-568-0224 C407-625-5780 1377 Blackhawk Trail East, Jacksonville, Florida 32225 0-904-220-2223 F -904-221-0820,C-904-434-7818 1275 NE 79d' Street. Miami, FL 33138 0-305-757-0561, F-305-757-0561 C-786-306-3490 5601 Gun Club Road West. West Palm Beach, FL 33415 0-561-471-5199,F-561-471-1505 C-561-358-3910 3340 Trade Street, Deltona, FL 32738 0-407-328-8943,,F-407-328-8943 C-386-527-4101 02-x.205 CONTRACT This Contract, effective July 30, 2002, is by and between the State of Florida, Department of Management Services ("Department"), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entities identified below as Contractor (individually, "Contractor") (the Contract is executed in counterparts; see attached sheets to identify all Contractors). The Contractor responded to the Department's Invitation for Bid No. 51 -445 -001 -R - REBID, Tools: Hand Held and Hand Held Power Tools. The Department has determined to accept the Contractor's bid and to enter into this Contract in accordance with the terms and conditions of the solicitation. The specific products awarded to Contractor, and the maximum rates Contractor may charge Customers, are identified on the attached Exhibit 1. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section 287.042(2)(a) of the Florida Statutes (2001). The term of the Contract is from July 30, 2002, to July 29, 2003. The Contract consists of the following documents, which, in case of conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth: • Any written amendments to the Contract • This document, including Exhibit 1 • Technical Specifications • Instructions to Bidders • General Conditions • Any purchase order under the Contract • Contractor's bid State of Florida, Date Department of Management Services By: Cynthia A. Henderson, Secretary Contractor Name: (Seal) Street Address or P.O. Box: City, State, Zip: By: Date Its: Approved as to form and legality by the Department General Counsel's Office: Date 58 AWARD UNDER STATE OF FLORIDA CONTRACT NO. 445-001-03-1 ITEM: Tools, Hand Held & Hand Held Power Tools DEPARTMENT: Citywide TYPE OF PURCHASE: Contract REASON: The Purchasing Department has a need to secure a citywide contract for the purchase of tools, hand held and hand held power tools. RECOMMENDATION: It is recommended that award be made to various vendors, awarded under existing State of Florida Contract No. 445-001-03-1, for the purchase of tools, hand held and hand held power tools, effective through July 29, 2003, subject to any extensions thereto by the State of Florida, for the Department of Purchasing to be utilized citywide; allocating funds therefor from the General Operating Budgets of various user departments and agencies, authorizing said purchases, at time of need, subject to availability of funds. UJB, (L� Michael A. Rath Acting Director of Purchasing 1 i5 Z Date AwardStateConftcts 02-1205