22ND CENTURY TECH INC/COMPUTER AID INC - TEMPORARY STAFFING SERVICESA CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE
PURCHASING SECTION OF OUR WEBPAGE AT:
www.hialeahfl.gov
CITY OF HIALEAH
CONTRACT AWARD
PURCHASING DEPARTMENT
CITY OF HIALEAH CONTRACT: TEMPORARY STAFFING SERVICES AS NEEDED BY DEPARTMENT
DESCRIPTION: State of Florida Department of Management Services - Temporary Staffing Services (80111600-21-STC)
CONTRACT PERIOD: 7/25/22-7/31/2024
SECTION #1 – VENDOR AWARD
Name: 22ND CENTURY TECHNOLOGIES, INC. Name:
/COMPUTER AID, INC.
Contact: SCOTT EDWARDS Contact:
Phone: 717-651-9039 Phone:
Fax: Fax:
E-mail: SCOTT.EDWARDS@CAI.IO E-mail:
Name: Name:
Contact: Contact:
Phone: Phone:
Fax: Fax:
E-mail:E-mail:
SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
AMENDED AMOUNT:
INSURANCE REQUIREMENTS:
PERFORMANCE BOND:
APPLICABLE ORDINANCES:
CITY COUNCIL APPROVED ON: 6/28/2022, ITEM I
RESOLUTION NO:
ANNUAL CONTRACT AMOUNT: OPEN
Notes:
SECTION #3 – REQUESTING DEPARTMENT
CITY OF HIALEAH, DEPARTMENT OF HUMAN RESOURCES
Contract Administrator: ELSA JARAMILLO-VELEZ, ESQ
Phone: 305-883-8050
SECTION #4 – PROCURING AGENCY
CITY OF HIALEAH, DEPARTMENT OF HUMAN RESOURCES
Contract Administrator: ELSA JARAMILLO-VELEZ, ESQ
Phone: 305-883-8050
Prepared by: MARILIN GUTIERREZ
lTEM# rr---,_,,_..__+---
JUN 2 8 2022 RECE IVEd
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COUNCIL AGENDA ITE
This form, letter from the department head addres
supporting documents are due the Monday of th::e":'.w:e:;e~k:p:;.ri~or;-t;;o~t~;;~IJJ
Date of Request:
Requesting City Department:
Requested Council Meeting
Date:
Action Requested from the
City Council:
Scope of service(s) or
product(s):
Vendor:
Expenditure Amount:
June 15, 2022
Human Resources
June 28, 2022
D Issue a purchase order
D Increase a purchase order
D Award a bid
D Reject a bid
D Bid No. -------------
D Special Events Permit
D Street Closure
\..... ~her: --Pursuant to City Code Section 2-818, utilize ?-~e State of Florida Department of Management
Services contractors for temporary staffing services.
Temporary Staffing services as needed by departments
As per State of Florida contract.
Unknown at this time.
L
Funding Source (i.e., account
funding the expenditure):
Purchasing Process:
Unknown at this time.
D Competitive Bidding
D An exception to competitive bidding applies:
D Professional services in the nature of
consultants, accountants and attorneys
D Sole source provider
D Emergency based on objective facts
D Credit facilities
-n ~etitive bidding is not required because the City ~.,~~~izing a bid that has been awarded or under
contract by state, county or other governmental
agencies.
~itle of state, county or other governmental
agencies contract: State of Florida
Department of Management Services -
Temporary Staffing Services (80111600-21-
STC
D Piggy-back contract expiration
date:
~~~~~~~~~~~~~~-
D Waive Competitive Bidding
D Reason(s) it is not advantageous to the City to
utilize competitive bidding:
Signatures:
.... . . . . . .
(-)
Esteban Bovo, Jr.
Mayor
Carl Zogby
Council President
Monica Perez
Council Vice-President
June 15, 2022
City of Hialeah
Honorable Mayor Esteban Bovo, Jr.
And City Council Members
City of Hialeah
501 Palm Avenue
Hialeah, FL 33010
Council Members
Bryan Calvo
Vivian Casals-Munoz
Jacqueline Garcia-Roves
Luis Rodriguez
Jesus Tundidor
RE: State of Florida Department of Management Services (Division of State Purchasing)
Temporary Staffing Services
Dear Mayor and Council members:
In accordance with the City of Hialeah Code Section 2-818 (State, County or Other Governmental
Agency Bids or Contracts), whenever advantageous to the City, the City may utilize bids that have been
awarded or under contract by the state, county or other local governmental agencies. If the City utilizes
state, county or other governmental agency bids, competitive bidding will not be required.
The State of Florida Department of Management Services (Division of State Purchasing), has registered
contractor(s) for temporary staffing services (80111600-21-STC). These temporary staffing services
contract provides an array of temporary positions/job categories (both administrative and industrial)
that may be needed by numerous City Departments on occasion. We are requesting approval to utilize
the contract between the State of Florida Department of Management Services (Division of State
Purchasing) and the temporary staffing agencies. Departments throughout the City will be able to
access temporary staffing services as needed and within established departmental budget; therefore,
funding will be provided by the departments utilizing the temporary staffing agencies.
~SAPP ROVED
501 Palm Avenue, Hialeah, Florida· 33010-4719
www.hialeahfl.gov
I• I• I• I' I• I
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Department of
MANAGEMENT
SERVICES
IJ>-Division oi State Purchasing
How to Use This Contract
Temporary Staffing Services (80111600-21-STC)
Contractor information, pricing, and contract documents are located on the contract webpage at
https://www.dms.myflorida.com/business operations/state purchasing/state contracts and agreeme
nts/state term contracts/temporary staffing services.
State Agencies
• An RFQ for services or IT commodities must be issued to at least 25 vendors on the contract (or
all vendors, if less than 25) ... Please note that this contract requires customers to submit an RFQ
(i.e. staffing request) through a separate Management System (MS) operated by each
contractor. Customers must submit a staffing request to both contractors.
• For customers submitting their first staffing request to the contractors: Complete the forms
located at https://tscsled.com/temporary-staffing (for 22nd Century Technologies, Inc.) and
https://forms.office.com/r/XHw68G6UJB (for Computer Aid, Inc.) to initiate contact with the
contractors and obtain access to each contractor's MS.
• Submit a staffing request using each contractor's MS; the staffing request must include a
detailed RFQ that includes the job title requested, as well as a term, service levels, educational
qualifications, and experience needed. Each contractor will post the staffing request on its MS
and collect resumes from interested candidates; the customer will review resumes on each
contractor's MS and select the desired candidate.
• The State of Florida's online procurement system, MyFloridaMarketPlace (MFMP), is the
preferred method for placing orders and making payments for this contract:
o Do not create an electronic quote (eQuote) in MFMP Sourcing; customers must use
the MS operated by each contractor to request a quote (i.e. staffing request).
o After the customer selects the desired candidate, create a requisition/purchase order in
MFMP Buyer; for additional information, visit https://www.dms.myflorida.com/
business operations/state purchasing/myfloridamarketplace/mfmp agency customers
/mfmp university/requisitions purchase orders.
o CATALOG TYPE: None -Create a requisition and click the 'Create Non-Catalog Item'
button. In the 'Supplier' field, use the appropriate contractor's FEIN, as provided on the
contract web page; in the 'State Contract ID' field, select the contract number shown
above from the drop-down menu.
9/27/21
,'·\
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o COMMODITY CODE: Select the most appropriate eight-digit commodity code under
80111600; the current list of commodity codes activated in MFMP is located at
https://www.dms.myflorida.com/business operations/state purchasing/myfloridamark
etplace/commodity codes.
o METHOD OF PROCUREMENT: B -State term contract with RFQ
o The selected candidate may begin work as soon as a purchase order is in place and all
applicable onboarding requirements (e.g. background screening) are completed.
• Please use the appropriate contractor's FEIN, as provided on the contract webpage, when
making payments in the Florida Accounting Information Resource (FLAIR); also, please use the
appropriate contractor's FEIN when recording purchasing card (Peard) payments in FLAIR.
Eligible Users
• For customers submitting their first staffing request to the contractors: Complete the forms
located at https://tscsled.com/temporarv-staffing (for 22nd Century Technologies, Inc.) and
https://forms.office.com/r/XHw68G6UJB (for Computer Aid, Inc.) to initiate contact with the
contractors and obtain access to each contractor's Management System (MS).
• Eligible users, as defined by Rule 60A-1.001, Florida Administrative Code, must submit a staffing
request using each contractor's MS; the staffing request must include a detailed RFQ that
includes the job title requested, as well as a term, service levels, educational qualifications, and
experience needed. Each contractor will post the staffing request on its MS and collect resumes
from interested candidates; the customer will review resumes on each contractor's MS and
select the desired candidate.
• The selected candidate may begin work as soon as a purchase order or contract is in place and
all applicable on boarding requirements (e.g. background screening) are completed.
Frequently Asked Questions
• Can I purchase from a vendor outside of this contract if they offer better pricing?
o In accordance with section 287.056, Florida Statutes, state agencies are required to
purchase commodities and contractual services from state term contracts procured by
the Department of Management Services.
• What should I do if I have an issue with the contractor?
o If you are unable to resolve an issue with a contractor, you may contact the contract
manager listed on the contract webpages to explore additional options. These options
include: complete a vendor performance survey online to document the issue, work
with the contract manager to elevate the issue with the contractor representatives, or
submit a vendor complaint that requires a formal response from the contractor.
Contact Information
• If you have any questions or require assistance specific to this contract (e.g. pricing, contract
requirements, etc.), please contact the contract manager listed on the contract webpage.
• If you have any questions or require assistance specific to MFMP (e.g. system access, purchase
orders, catalogs, etc.), please visit the Division of State Purchasing's MFMP webpage located at
https://www.dms.myflorida.com/business operations/state purchasing/myfloridamarketplace.
9/27/21
DocuSign Envelope ID: 3C36149F-AEEE-483E-AFB1-29FBD1 E91 FE2
Department of
MANAGEMENT
SERVICES
~We serve those who serve Florida
State Term Contract
No. 80111600-21-STC
For
Temporary Staffing Services
This Contract is between the State of Florida, Department of Management Services (Department), an
agency of the State of Florida, and Computer Aid, Inc. (Contractor), collectively referred to herein as the
"Parties."
Accordingly, the Parties agree as follows:
I. Initial Contract Term.
The initial Contract term shall be for three (3) years. The initial Contract term shall begin on the date of
the last signature below. The Contract shall expire on July 31, 2024 unless terminated earlier in
accordance with Contract Exhibit B, Special Contract Conditions.
II. Renewal Term.
Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, for a renewal
term not to exceed the initial Contractterm, pursuant to Contract Exhibit B, Special Contract Conditions.
Ill. Contract.
As used in this document, "Contract" (whether or not capitalized) shall, unless the context requires
otherwise, include this document and all incorporated exhibits, which set forth the entire understanding
of the Parties and supersede all prior agreements. All modifications to this Contract must be in writing
and signed by all Parties.
All exhibits listed below are incorporated in their entirety into, and form part of, this Contract. The
Contract exhibits shall have priority in the order listed below:
a) This Contract document
b) Contract Exhibit F, Additional Special Contract Conditions
c) Contract Exhibit A, Statement of Work
d) Contract Exhibit B, Special Contract Conditions
e) Contract Exhibit C, Job Title Descriptions
f) Contract Exhibit D, Contractor's Submitted Technical Proposal from RFP No. 20-80111600-
RFP
g) Contract Exhibit E, Contractor's Submitted Cost Proposal from RFP No. 20-80111600-RFP
Page 1of2
DocuSign Envelope ID: 3C36149F-AEEE-483E-AFB1-29FBD1 E91 FE2
(~
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IV. Contract Management.
Department's Contract Manager:
Frank Miller
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
Telephone: (850) 488-8855
Email: Frank.Miller@dms.fl.gov
Contractor's Contract Manager:
Scott Edwards
Computer Aid, Inc.
1390 Ridgeview Drive
Allentown, PA 18104
Telephone: (717) 651-9039
Email: Scott.Edwards@cai.io
This Contract is executed by the undersigned officials as duly authorized. This Contract is not valid and
binding on all Parties until signed and dated by both Parties.
State of Florida:
Department of Management Services
By:~~~~~~~~~~~~~~
Name: Todd Inman
Title: Secretary
Contractor:
Computer Aid, Inc.
lnDocuStgned by:
BNy: ~=~a~. ame: '"'ue numer
Title: Vice President
D t 7 /19/2021 I 1:29 PM EDT a e:
~~~~~~~~~~~~~~~-
Page 2 of2
DocuSlgn Envelope ID: 3C36149F-AEEE-483E·AFB1·29FBD1E91 FE2
IV. Contract Management.
Department's Contract Manager:
Frank Miller
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
Telephone: (850) 488-8855
Email: Frank.Miller@dms.fl.gov
Contractor's Contract Manager:
Scott Edwards
Computer Aid, Inc.
1390 Ridgeview Drive
Allentown, PA 18104
Telephone: (717) 651-9039
Email: Scott.Edwards@cai.io
This Contract is executed by the undersigned officials as duly authorized. This Contract is not valid and
binding on all Parties until signed and dated by both Parties.
By:--=~,..4.-=~:!!:...---==::__--__.
Name: To d Inman
Title: Secretary
Date:. 1/2 $ /10-z.1
Contractor:
Computer Aid, Inc.
By: ff~'~
Nam~lflM1~r
Title: Vice President
Date: 7 /19/2021 I 1:29 PM EDT
Page 2of2
1 Scope of Services
CONTRACT EXHIBIT A
Temporary Staffing Services
Contract No. 80111600-21-STC
Statement of Work
The Contractor shall serve as the Managed Service Provider (MSP) of the State for the provision
of temporary administrative, industrial, and medical staffing services. This includes, but is not
limited to, providing Customers with a comprehensive offering of Temporary Staffing Services
statewide via the Contractor's Management System to meet their various needs.
2 Definitions
2.1 Bill Rate -The unit of compensation paid to the Contractor, consisting of the Pay
Rate and the Mark-Up Rate. The Bill Rate is expressed as a range between Entry
(low) and Experienced (high). "Bill Rate, Entry" and "Bill Rate, Experienced" is
determined by applying the Mark-Up Rate to the "Pay Rate, Entry" and "Pay Rate,
Experienced," respectively.
2.2 Business Day -Monday through Friday, inclusive, except for those holidays
specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m. Eastern Time.
2.3 Contingent Staff-A person assigned to work on behalf of the Contractor for the
purpose of providing temporary staffing services to a Customer.
2.4 Contractor or Managed Service Provider (MSP)-The Vendor that has been
awarded and contracts to provide and maintain a network of Subcontractors,
supply and support a Management System (MS), and provide recruitment and
selection services to Customers in accordance with the Contract. The term
"Contractor" may be used interchangeably with "Managed Service Provider."
2.5 Customer -An ordering entity, including state agencies and eligible users, as
defined in Rule 60A-1.001, Florida Administrative Code (F.A.C.).
2.6 Job Category -The classification of Job Titles under this Contract. The Job
Categories are administrative, industrial, and medical.
2.7 Job Title -A service provided by the Contractor to be performed by Contingent
Staff under this Contract.
2.8 Management System (MS) -The Contractor's automated system, accessible
through the internet, that processes requests for Contingent Staff from Customers
and invoices Customers, produces monthly and quarterly reports, and performs
other operations required under the Contract.
Page 1 of 15
(-,
2.9 Mark-Up Rate -The amount paid to the Contractor, in addition to the Pay Rate,
that includes all other costs associated with the provision of Temporary Staffing
Services; the Mark-Up Rate may include, but is not limited to, Statutory Rate,
Subcontractor costs, and the amount retained by the Contractor as payment for
services rendered under the Contract. The Mark-Up Rate is equal to the difference
between the Bill Rate and the Pay Rate and is expressed as a percentage for the
purposes of the Contract; the Mark-Up Rate is applied to the Pay Rate to determine
the Bill Rate.
2.10 Pay Rate -The hourly rate of pay to Contingent Staff before deductions are taken.
The Pay Rate is expressed as a range between Entry {low) and Experienced {high)
and is commensurate with the qualifications and skill level of Contingent Staff.
2.10.1 Pay Rate, Entry -The Pay Rate for entry-level Contingent Staff. The
Customer may negotiate, and the Contractor may offer, a "Pay Rate, Entry"
lower than that which is indicated on the Cost Proposal for a Job Title.
2.10.2 Pay Rate, Experienced -The Pay Rate for experienced Contingent Staff.
The Customer may negotiate, and the Contractor may offer, a "Pay-Rate,
Experienced" lower than that which is indicated on the Cost Proposal for a
Job Title. However, the Contractor shall not offer a "Pay Rate,
Experienced" higher than that which is indicated on the Cost Proposal for
a Job Title.
2.11 Service Level Agreement-Mandatory, detailed performance requirements that
apply to the Contractor's provision of services to Customers under the Contract.
2.12 State -The State of Florida.
2.13 Statutory Rate -The total amount for taxes and fees required by applicable
federal and state employment laws, including but not limited to, the Federal
Insurance Contributions Act, Medicare, Florida Unemployment Compensation Act
Federal Unemployment Tax, Florida Workers' Compensation Act, liability
insurance, and Affordable Healthcare Act.
2.14 Subcontractor -When capitalized in this SOW, a vendor that has executed an
agreement with the Contractor, and been approved by the Department, to supply
Contingent Staffing to a Customer upon request.
2.15 Temporary Staffing Services -The complete portfolio of Job Titles available from
the Contractorforadministrative, industrial, and medical staffing service categories
under this Contract.
3 Contractor Responsibilities
The Contractor and its subcontractors shall adhere to all work policies, procedures, and standards
established by the Department and Customer. The Contractor and its subcontractors shall ensure
that Contingent Staff conform in all respects with physical safety, security, and fire regulations
while on the Customer's premises. The Contractor and its subcontractors shall be responsible for
obtaining all of the aforementioned rules, regulations, policies, etc. Regardless of any delegation,
including any subcontract entered into, by the Contractor, the Contractor and its subcontractors
shall be responsible for the following:
Page 2of15
(;
3.1 Recruiting, hiring, and implementing any reassignments or terminations of
Contingent Staff. The Contractor shall ensure competency and responsibility of the
Contingent Staff, subject to a financial consequence as identified in Section 23,
Service Level Agreements and Financial Consequences, for failure to maintain a
Contingent Staff turnover rate of no more than 8% per month.
3.2 Providing Contingent Staff that meet the requirements, including but not limited to,
to the experience level, identified in the Customer's contract or purchase order.
3.3 Maintaining a recruiting and hiring program that is in compliance with applicable
federal and State employment laws and their implementing rules and regulations,
including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans
with Disabilities Act, the Age Discrimination in Employment Act, the Fair Credit
Reporting Act, and the Fair Employment Protection Act.
3.4 Performing background screening on all Contingent Staff, including screening of
credentials, licensure, personal history, qualifications, work history, and
references, as well as criminal background checks and fingerprinting as required
herein. Contractor shall ensure that all Contingent Staff possess all certifications
and qualifications necessary to enable them to perform their assignments.
3.5
3.6
Providing telephone and help desk support, in accordance with State business
hours. Business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday,
excluding holidays, as specified in section 110.117, Florida Statutes (F.S.).
Ensure that the staffing opportunities are released at the same time to all
Subcontractors. The Contractor shall screen submitted candidate resumes for
applicability to job requisition, facilitate the selection process with the Customer
and Subcontractor, and provide reporting visibility on candidate submittals and
selection trends to the Department and the Customer. The Contractor shall ensure
that all Subcontractors have an equal opportunity to submit candidates for all
staffing position opportunities.
3.7 Administering periodic performance evaluations and any disciplinary actions for
each Contingent Staff provided under this Contract.
3.8 Informing Contingent Staff that they are required to adhere to the policies and
procedures of the State and the Customer. Contractor or its designee shall
promptly notify the Customer of any human resource issues raised by a Contingent
Staff that may affect the Customer, such as threats of violence, harassment,
discrimination, or retaliation.
3.9 Providing harassment, discrimination, and retaliation training for all Contingent
Staff. Contractor shall maintain a record of all such training.
3.10 Informing Contingent Staff in writing that they are employed by Contractor, not the
Customer.
3.11 Notifying Contingent Staff in writing that the only benefits they will receive will be
from Contractor and that they are not entitled to any benefits from the Customer.
Page 3 of 15
3.12 Informing Contingent Staff in writing that job-related illness/injury reports are to be
made to Contractor. Contractor or its designee shall notify the Customer within
twenty-four (24) hours of receipt of any such reports.
3.13 Being solely responsible for, and holding Customers harmless from, all
administrative employment matters regarding Contingent Staff including, but not
limited to, all payroll and payroll income tax withholding matters; payment of
workers' compensation premiums; funding of legally required fringe benefit
programs; and taking responsibility for and complying with (including offering
coverage, if required) the Affordable Care Act with respect to Contingent Staff.
3.14 Paying Contingent Staff in compliance with applicable wage and hour laws
including, but not limited to, the Fair Labor Standards Act and Florida Employment
and Labor Laws. Contractor shall maintain complete and accurate records of all
wages paid to Contingent Staff. Contractor shall be exclusively responsible for and
will com ply with applicable law governing the reporting and payment of wages and
payroll-related and unemployment taxes attributable to wages paid to Contingent
Staff.
3.15 Issue invoices for all services provided to Customers. Invoices must specify the
Pay Rate, Bill Rate, and Mark-Up Rate used to determine the amount of the
invoice. The Mark-Up Rate must be expressed as a percentage and dollar amount
and must include the Statutory Rate expressed as a percentage of the Mark-up
Rate. Invoices must be submitted in detail sufficientfora proper pre-audit and post-
audit thereof. Invoices will be paid in accordance with the requirements of section
215.422, Florida Statutes.
4 Management System Requirements
The Contractor shall develop and maintain the MS, which shall manage all processes required to
procure Contingent Staff, manage assignments, collect hours worked, consolidate invoicing, and
report on the Contingent Staff by Customer.
4.1 The Contractor shall ensure that the Department, Subcontractors, and Customers
have continuous, uninterrupted access to the MS, including nights, weekends, and
holidays, for the duration of the Contract, subject to a 98% uptime target for the
application of financial consequences identified in Paragraph 23 below.
4.2 The Contractor shall provide a minimum of thirty (30) days' notice to the
Department prior to planned outage, update, upgrade, and maintenance
schedules for the MS. The Contractor shall, within one (1) business hour of
becoming aware of an unplanned outage of the MS, notify the Department of the
occurrence and establish workaround solutions if the outage exceeds one ( 1)
Business Day or eight (8) consecutive business hours.
4.3 The Contractor shall provide Customers with initial setup training and materials on
how to use the MS. The Contractor shall also make ongoing training available to
Customers on as-needed basis upon request.
Page 4 of 15
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4.4 The Contractor shall configure the MS to incorporate name and location and any
other reasonable non-programming modifications as requested by a state agency
but is not obligated to develop customizations for other eligible users.
4.5 Provide all reporting features, including but not limited to, standard reports and ad
hoc reports created through tools accessible and useable by the Department and
Customers. The Contractor shall ensure that such reports can be created by the
Department and Customers without specialized knowledge of report programming.
4.6 Provide the Department's Contract Manager with access to all information
pertaining to all orders and contracts with Customers, including but not limited to,
staffing requests, assigned Contingent Staff, and invoices. Customers shall have
access to all information pertaining to the Customer's orders and contracts,
including but not limited to, staffing requests, assigned Contingent Staff, and
invoices. Invoice information accessible by the Department and Customers must
include Pay Rate, Mark-Up Rate, and Bill Rate amounts; Mark-Up Rate amounts
must include the Statutory Rate expressed as a percentage of the Mark-up Rate.
4.7 The MS shall keep the Customers updated on the status of the order and facilitate
communication between all parties involved in the process. The MS shall utilize
standard email applications to notify Customers when a task is required or has
been completed. For example, a requesting manager must be notified when their
requisition has been issued and when the Subcontractors have submitted resumes
through the MS. The internal clock in the MS shall timestamp all activities and
provide reports accordingly. The MS shall be a "collaborative ecommerce" platform
that allows Customers to communication and collaboration through one central
platform.
4.8 The MS shall be a workflow-based application delivered in a Software as a Service
(SaaS) model and accessed via the internet utilizing a standard browser. The MS
shall be configured specifically for each state agency customer utilizing business
rules, user roles, and internal routing. The MS shall be an extensive application
configuration tool that allows new users, vendors, and job information to be added
or updated easily.
The Contractor agrees to cooperate with the Department and Customers and
perform all actions necessary to assist with all tasks in furtherance of the
Department's and Customers' efforts to comply with the obligations under section
282.318, F.S., and Chapter 60GG-2, F.A.C., Information Technology Security
(also known as the Florida Cybersecurity Standards (FCS)), as applicable. The
Contractor shall abide by all applicable federal and state law pertaining to
cybersecurity requirements, and other prescribed security guidance, to include
(but not limited to) those requirements outlined for such sensitive data types as
Personally Identifiable Information (PHI) and Criminal Justice Information (CJI).
4.9 In addition to the above requirements, the MS shall:
4.9.1 Reduce costs and improve efficiency for Customers by automating the
Contingent Staffing process through:
a. Providing a single point of contact;
Page 5 of 15
b. Consolidating and standardizing the Contingent Staff procurement
processes;
c. Providing automated order entry and distribution, candidate submittal,
response, and order fulfillment;
d. Replacing paper-intensive, manually-managed processes;
e. Replacing fax, email, and telephone order distribution;
f. Addressing the unique requirements for industrial Customers;
g. Providing a process to quickly fill positions;
h. Providing visibility into weekly and daily resource loading schedules
and the ability to adjust the schedules;
i. Accommodating multiple and varying work schedules;
j. Flagging Contingent Staff that require special review;
k. Providing additional information on applicants to assist hiring managers
with evaluations;
I. Tracking the history of all Contingent Staff assignments at Customer
locations; and
m. Providing collaborative features that reduce "telephone tag."
4.9.2 Streamline the approval and billing process using:
a. Pre-established routing for approvals;
b. Desktop action list, email notification;
c. Automatic approval back-ups for manager absences; and
d. Tracking of Customer expenditures.
4.9.3 Automate time and expense capture and approval by:
a. Eliminating paper-intensive time capture;
b. Reducing audit requirements of the time capture and invoice process;
c. Providing statewide reporting, including transactional, financial, and
performance metrics; and
d. Providing usage data immediately after payroll.
5 Interview of Prospective Contingent Staff
The Customer shall have the right to interview all prospective Contingent Staff and to accept or
reject any or all based upon the required skills and the background and experience of each
individual.
6 Training
Referred personnel shall be immediately productive, requiring minimal training and orientation. If,
in the sole discretion of the Customer, extended training (over four (4) hours) is required, such as
for an extended project or for any particular skill set, the Customer must include the extended
training requirements in the original order issued to the Contractor for contingent staff. The
Contractor may be required to pay the Contingent Staff for up to sixteen ( 16) hours (two (2)
Business Days) of training, as determined by the Customer.
7 Hours of Work
7.1 Contractor shall verify work hours at the time the Customer order is placed. Work
hours and holidays will vary dependent upon the Customer and Job Title. In
addition to the holidays specified in section 110.117, F.S., Customers may have
holiday(s) observed specifically by the Customer, which will be detailed in the
Customer's contract or purchase order.
Page 6of15
L
7.2 Customers' contracts and purchase orders may include requirements for weekend
and overtime work.
7.2.1 Weekend work shall be defined as 12:00 a.m. on Saturday through 11:59
p.m. on Sunday during the same week. Weekend work shall not be
considered overtime, unless the Contingent Staff exceeds forty (40) hours
within the week during which the weekend work was performed.
7 .2.2 Overtime shall be defined as hours worked in excess of forty ( 40) per week.
Should Contingent Staff work on a holiday (as specified in section 110.117,
F.S., or on an individual Customer's contract or purchase order), regular
pay shall apply to all hours under forty (40), and time and a half shall apply
for hours over forty ( 40). Overtime must be approved in writing, in advance,
by the Customer in order to be reimbursable.
7.3 Lunch periods will range from thirty (30) to sixty (60) minutes and will be
determined by the Customer. No payments shall be made for lunch periods.
7.4 Contingent Staff will receive one ( 1) 15-m inute break in the morning and one ( 1)
15-minute break in the afternoon; the exact times of the breaks will be agreed to
by the Contingent Staff and the Customer.
8 Transportation and Parking
It will be the Contractor or the Contingent Staff's responsibility to provide transportation to and
from the required work location(s). Parking may or may not be provided and, if not, will be the
responsibility of the Contractor or the Contingent Staff.
9 Contingent Staff Expenses
Contractor shall be responsible for Contingent Staff expenses. Customers are not responsible for
separately reimbursing the Contractor, Subcontractor(s), or Contingent Staff for travel expenses,
unless authorized in writing at the time the Customer order is placed. If authorized by the
Customer, bills for travel expenses shall be submitted in accordance with section 112.061, F .S.,
and may be submitted through the MS.
10 Contractor Single Point of Contract
The Contractor shall designate a coordinator as a single point of contact (SPOC), as well as a
backup, that will be accessible during Business Days, to receive employment requests and handle
and assist with any and all inquiries regarding scheduling, billing, status of orders, availability,
contract pricing, contract compliance requirements, reports, and problem solving. Contractor's
SPOC shall be available via a toll-free telephone number or email. The SPOC may have support
staff that will serve as account managers for different Customers or designated multiple points of
contact in order to best provide service.
11 Contingent Staff Requirements
11.1 Background Screening -The Contractor shall require that background checks,
including criminal history checks, are conducted on Contingent Staff. Contingent
Staff may be persons of special trust and may be required to undergo a Level II
Background Check, as described in section 435.04, F.S. The cost of the
background checks will be borne by the Contractor or its Subcontractors, not the
Page 7of15
{.' Department or Customer. The Contractor may not allow any Contingent Staff to
provide services. to Customers if such Contingent Staff does not meet the
qualification standards established by the Customer.
L
11.2 Reporting of Criminal Matters -The Contractor shall require Subcontractors to
report to Contractor any criminal matter in which the Contingent Staff assigned to
a Customer has been involved. Criminal matters requiring reporting include an
arrest, charge, indictment, information, conviction, plea of guilty or plea of no
contest, regardless of whether adjudication is withheld and regardless of whether
the criminal matter occurred within or outside the workplace. The Contractor shall
require Subcontractors to report criminal matters, of which it has knowledge, no
later than one (1) Business Day after the occurrence of the event and shall provide
Subcontractors with contact information for reporting criminal matters. The
Contractor shall notify the Customer no later than one (1) Business Day after the
reporting by Subcontractor of any criminal matter.
11.3 Drug Testing -Drug testing requirements will vary for individual Customers
throughout the State. The Customer will identify if there is a drug test requirement
at the time the order is placed. These tests are normally conducted randomly, on
a random number of Contingent Staff, in safety-sensitive positions, and consist of
a urine sample. If a Contingent Staff fails a drug test, the Contingent Staff will no
longer be eligible to provide services to the Customer under this Contract. The cost
of the drug test shall be incurred by the Contractor.
11.4 Driving Qualification -If driving is required for a specific Job Title, the Contingent
Staff must have a valid driver's license reflective of the class required to render the
services. Any cost associated with confirming this qualification shall be borne by
the Contractor.
11.5 Additional Certification(s) -Certain positions may require additional types of
certifications, such as First Aid and CPR certification. Contingent Staff shall have
these certifications prior to applying for such positions. Contingent Staff shall
maintain and recertify these certifications at the Contractor's or their own expense.
11.6 Dress and Equipment -Contingent Staff shall report to job assignments dressed
appropriately and with the equipment specified by the Customer as being required
to perform work in the Job Categories covered under this Contract. Field personnel
are required to have safety shoes, at the expense of the Contractor, Subcontractor,
or Contingent Staff. The safety shoes must meet American National Standards
Institute (ANSI) and Occupational Safety and Health Administration (OSHA)
standards.
11.7 Communication Skills -Unless otherwise requested, all Contingent Staff must
be able to read, write, speak, and comprehend the English language in accordance
with the minimum requirements of the position description. If the Contractor
provides Contingent Staff that are unable to read, write, speak, and comprehend
the English language, in the Customer's sole discretion, the Contractor will refund
any fees and wages incurred.
11.8 Courtesy and Cordiality Towards All Others -Contingent Staff shall be
respectful of all people with whom they interact, including Customer employees.
Page 8of15
(.· \
. )
11.9 Customer's Right of Refusal -The Contractor will be given between four (4)
business hours and one (1) Business Day to confirm availability of a Contingent
Staff to fill a request. However, if the Customer and Contractor agree that a position
is "hard-to-fill," the Customer may allow up to five (5) Business Days for the
Contractor to confirm availability of a Contingent Staff. In the event that the
Subcontractor is unable to fill the job request, the Customer may cancel the
request.
12 Subcontractor Management
The Contractor shall monitor the performance of all Subcontractors and enforce all subcontract
performance requirements. The Contractor shall notify the Department within 48 hours of
conditions related to Subcontractor performance that adversely affect service delivery to
Customers. Contractor acknowledges that it is responsible for compliance with the requirements
of Section 3 above, whether the work is performed by it, its affiliate, or its Subcontractor(s).
12.1 In managing Subcontractors and performing its administrative responsibilities, the
Contractor shall adhere to ethical standards contained in sections 112.313 and
112.3135, F.S., the Florida Code of Ethics for Public Officers and Employees.
12.2 The Contractor shall ensure that Contingent Staff are drawn from staff within the
Subcontractor network. Throughout the term of this Contract, the Contractor shall
perform its responsibilities in a vendor-neutral manner.
12.3 The Contractor shall issue payments to Subcontractors in accordance with section
287.0585, F.S .
12.4 The Contractor is responsible for all services provided by the Subcontractors. The
Contractor agrees that the Department shall not be liable to the Subcontractor in
any way or for any reason under this Contract.
12.5 The Contractor shall develop a transparent and efficient method to add and
terminate new and existing Subcontractors. Prior to delivery of Temporary Staffing
Services, the Contractor shall obtain Department approval of its plan for adding
and terminating new and existing Subcontractors. The Contractor shall provide
notice within five (5) Business Days to the Department of new or terminated
Subcontractors. The Department reserves the right to disallow the addition of a
proposed new Subcontractor and to require removal of a Subcontractor at any
time.
12.6 The Contractor may not subcontract or assign its administrative, management, or
oversight responsibilities under this Contract without prior written approval of the
Department. The Contractor may not provide its own Contingent Staff without prior
written approval of the Department.
13 Contingent Staff Compliance
Work policies, procedures, and standards established by the Customer shall be followed at all
times. The Contingent Staff shall conform in all respects with regard to physical safety, security,
and fire regulations while on the Customer's premises. Contractor shall be responsible for
obtaining all rules, regulations, policies, etc. from the Customer.
Page 9of15
r 14 Confidentiality of Customer Information
(
The Contractor shall ensure Contingent Staff's compliance with all State and federal
confidentiality requirements of the Department and Customer, including any requirements
pertaining to protected health information (PHI), as defined in the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), if applicable. The Contractor shall comply with any additional
confidentiality requirements set forth in the Customer's contract or purchase order.
15 Replacement of Contingent Staff
In the event any Contingent Staff fails to adhere to the Customer's directions or safety, security,
or fire regulations, or demonstrates that they are not qualified to perform the required duties, the
Customer will notify the Contractor, who shall replace the Contingent Staff immediately or as
directed by the Customer at no cost to the Customer, including, but not limited to, training time,
background checks, ID badges, drug testing, etc.
15.1 Such notice and replacement requirements also apply to any Contingent Staff that
leaves, for any reason, before the assignment is completed. When a Contingent
Staff leaves, at any time, the Contractor shall be responsible for any unreturned
keys, ID badges, etc. If such items are not returned to the Customer within five (5)
working days, the Customer shall send an invoice to the Contractor for the exact
replacement cost. The Contractor shall pay this invoice within fourteen (14)
calendar days. If the Contractor has not paid the invoice within fourteen ( 14)
calendar days, the Customer will have the option to deduct the exact replacement
costs from the final invoice.
16 Mark-Up Rate
The Contractor shall not exceed the Mark-Up Rates provided in its submitted Cost Proposal for
both the initial and renewal terms for each Job Category unless the Mark-Up Rates are increased
by a formal amendment to the Contract.
17 Mark-up Rate Adjustments
Mark-Up Rates may be adjusted no earlier than twelve (12) months after the start date of the
Contract, and annually thereafter, but no earlier than twelve (12) months after the effective date
of the previous Mark-Up Rate adjustment. Mark-Up Rate increases must be supported by a
change in Statutory Rate. When requesting a Mark-Up Rate increase, the Contractor shall
submit a written justification to the Department's Contract Manager detailing the increase in
Statutory Rate, along with documentation of changes in taxes and fees required by federal and
state employment laws.
The Department reserves the exclusive right to approve or deny any Mark-Up Rate adjustment
request. Mark-Up Rate adjustments will not be considered if the Contractor has any contractual
non-performance issues including, but not limited to, outstanding fees or monies due under this
Contract or overdue reports or documentation, including, but not limited to, a Quarterly Sales
Report or an MFMP Transaction Fee Report. Mark-Up Rate adjustments are effective only upon
written approval by the Department and may not be applied retroactively. The Department
reserves the right to request Mark-Up Rate decreases at any time during the term of the
Contract if it is found to be in the best interest of the State. Mark-Up Rate decreases issued by
the Contractor are permissible at any time during the initial and renewal terms.
18 Pricing Adjustments
Pay Rates and Bill Rates (i.e., prices) may not be adjusted during the initial term of the Contract
For the renewal term of the Contract, the prices will be the renewal term prices specified in the
Page 10 of 15
{\ \ Cost Proposal; however, the renewal term prices may be adjusted no earlier than twelve (12)
months after the start date of the first renewal term, if any, and annually thereafter, but no earlier
than twelve ( 12) months after the effective date of the previous price adjustment. Price increases
must be supported by a change in the Wage Estimates for each Occupational Code and Job Title
shown in the Cost Proposal. This information is published by the Florida Department of Economic
Opportunity (DEO) and is available at https://floridajobs.org/workforce-statistics/data-center/
statistical-programs/occupational-employment-statistics-and-wages.
The change in Wage Estimates for the first price adjustment after the start date of the renewal
term shall be determined using the Wage Estimates for the year in which the renewal term began
and the Wage Estimates at the time of the price adjustment request. The change in Wage
Estimates for second and subsequent price adjustments shall be determined using the latest
Wage Estimates that were used to support the previous price adjustment and the latest available
Wage Estimates at the time of the request.
When requesting a price increase, the Contractor shall submit a written justification to the
Department's Contract Manager detailing the reason(s) for the request; an increase in the Wage
Estimates is not sufficient justification for a price increase by itself. Price increases shall not
exceed the percent change in Wage Estimates or three percent (3%), whichever is less. The
percent change in Wage Estimates shall be calculated using the following formula:
_(B_-_A_) = z
A
Where:
A = Wage Estimate at the time the renewal term began or previous price adjustment
B = Wage Estimate at the time of price adjustment request
Z = percent change in Wage Estimate
The percent change in Wage Estimate shall be individually calculated and applied to "Pay Rate,
Entry" and "Pay Rate -Experience" for each Job Title. "Bill Rate, Entry" and "Bill Rate,
Experienced" for each Job Title will be adjusted by applying the Mark-Up Rate to the adjusted
"Pay Rate, Entry" and "Pay Rate-Experience," respectively.
The Department reserves the exclusive right to approve or deny any price adjustment request.
Price adjustments will not be considered if the Contractor has any contractual non-performance
issues including, but not limited to, outstanding fees or monies due under this Contract or overdue
reports or documentation, including, but not limited to, a Quarterly Sales Report or an MFMP
Transaction Fee Report. Price adjustments are effective only upon written approval by the
Department and may not be applied retroactively. The Department reserves the right to request
price decreases at any time during the term of the Contract if it is found to be in the best interest
of the State. Price decreases issued by the Contractor are permissible at any time during the
initial and renewal terms.
19 Job Title Adjustments
The Contractor may add or remove Job Titles, subject to the approval of the Department.
Requests to add Job Titles must be supported by Customer needs, as demonstrated to and
verified by the Department. Added Job Titles must appear on the most recent Wage Estimates
published by DEO, which is available at https://floridajobs.org/workforce-statistics/data-center/
statistical-programs/occupational-employment-statistics-and-wages.
Page 11 of 15
0 20 Job Title Classification
()
The Contractor will adhere to the description provided for each Job Title in Contract Exhibit C,
Job Title Descriptions.
21 Job Title Misclassification
If the Contractor, Subcontractor, or Contingent Staff is requested to act in a manner that will result
in a misclassification of a position or a misapplication of a Pay Rate or Bill Rate to a position other
than that established on the submitted Cost Proposal, the Contractor will immediately (within one
(1) Business Day) report the details of the event to the Department's Contract Manager in writing.
The Contractor, Subcontractor, and Contingent Staff will take no further action on the request until
they receive written instructions from the Department's Contract Manager.
22 Minimum Wage, and Mandatory Health and Welfare Benefits
The Contractor must meet all federal, State, and local requirements regarding minimum wage,
and any mandatory health and welfare benefits. Pay Rates and Mark-up Rates will be adjusted in
accordance with federal, state, and local requirements for minimum wage, living wage, and
mandatory health and welfare benefit adjustments. The Contractor must submit to the
Department's Contract Manager detailed and sufficient documentation, including proof of
changes, in support of requests to adjust the Pay Rate or Mark-Up Rate, in accordance with
these federal, state, and local requirements.
23 Service Level Agreements and Financial Consequences
The deliverables and associated performance standards for the Contract are outlined in the table
below. Financial consequences will apply when the Contractor fails to meet the performance
standards of the Contract deliverables, in accordance with section 287.058, F.S.
The State reserves the right to withhold payment or implement other appropriate remedies, such
as Contract termination or nonrenewal, when the Contractor has failed to comply with these
provisions of the Contract. The Contractor and the Department agree that these financial
consequences for non-performance are an estimate of damages which are difficult to ascertain
and are not penalties.
1
23.1 Financial consequences will be assessed for each individual failure and will apply
to each target period beginning with the first full month or quarter of the
Contractor's performance, as applicable, and each and every month or quarter
thereafter.
Quarterly Sales
Report
Submitted timely with the
required information, in
accordance with Section
23.1
0 n or before the 3oth
calendar day after
the close of the
State's fiscal quarter
Page 12of15
$250 per calendar
day late
2
3
4
5
Service Level Submitted timely with the On or before the 15th
Agreement required information, in calendar day after $250 per calendar
accordance with Section the close of each day late Report 23.2 month
Submitted timely, in
accordance with Section On or before the 15th MFMP 23.3, Rule 60A-1.031 (2), calendar day after $100 per calendar Transaction Fee F.A.C., and paragraph 3.7
Reports of Contract Exhibit B, the close of each day late
Special Contract month
Conditions
98% uptime and network $500 per
percentage point availability (number of rounded to the next
Access to the hours MS was available+ whole percentage number of hours expected Management availability, excluding Calculated monthly point (with fractions
System (MS) scheduled downtimes), in rounded down to the
accordance with Section next whole point)
4.1 per month the metric
is not met
Maximum turnover rate of
8% (number of position
turnovers due to
Staff inadequate performance, $500 per month the as determined by the Calculated monthly Performance Customers+ total number metric is not met
of positions filled), in
accordance with Section
3.1
23.2 All financial consequences shall be paid via check or money order in U.S. Dollars,
made out to the Department of Management Services, within thirty (30) calendar
days after the required performance due date indicated in the table above.
Additional Customer-specific financial consequences may be set forth in the
Customer's contract or purchase order. The Customer may collect financial
consequences by reducing payments to the Contractor or by requiring payment
via check or money order in U.S. Dollars, made out to the Customer, within thirty
(30) calendar days after the Contractor's failure to perform or com ply.
24 Reporting Requirements
The Contractor shall report information on orders received from Customers under the Contract
The Contractor shall submit the following reports to the Department's Contract Manager:
24.1 Quarterly Sales Report -The Contractor shall submit a Quarterly Sales Report
electronically, in the required format, to the Department's Contract Manager within
thirty (30) calendar days after the close of each State Fiscal Quarter, as listed
below. Initiation and submission of the Quarterly Sales Report is the responsibility
of the Contractor, without prompting or notification by the Department. Sales will
be reviewed on a quarterly basis. If no sales are recorded in two (2) consecutive
Page 13of15
Contract quarters, the Contractor may be placed in probationary status or the
Department may terminate the Contract.
Quarter 1 (July-Sept.)-due 30 calendar days after the close of the quarter
Quarter 2 (Oct.-Dec.)-due 30 calendar days after the close of the quarter
Quarter 3 (Jan.-March)-due 30 calendar days after the close of the quarter
Quarter 4 (April-June) -due 30 calendar days after the close of the quarter
24.2 Service Level Agreement Report-The performance metrics for deliverables set
forth in Section 22, Service Level Agreements and Financial Consequences,
above, shall constitute the Service Level Agreements for this Contract. The
Contractor shall provide a report on Deliverable Nos. 4 and 5 to the Department
no later than fifteen (15) calendar days following the close of each month.
Notwithstanding the information provided in the Contractor's Service Level
Agreement Report, the Department reserves the right to assess the applicable
financial consequence when, in the Department's sole discretion, the Contactor
has failed to meet the performance metric for a deliverable.
24.3 MFMP Transaction Fee Report -The Contractor shall submit monthly MFMP
Transaction Fee Reports in the Department's electronic format. Reports are due
fifteen (15) calendar days after the end of each calendar month. For information
on how to submit MFMP Transaction Fee Reports online, please reference the
detailed fee reporting instructions and vendor training presentations available
online at https://www.dms.myflorida.com/business operations/state purchasing/
myfloridamarketplace/mfmp vendors/transaction fee and reporting and https://
www.dms.myflorida.com/business operations/state purchasing/myfloridamarket
place/mfmp vendors/training for vendors. Assistance with MFMP Transaction
Fee Reports is also available from the MFMP Customer Service Desk by email at
feeprocessing@myfloridamarketplace.com or telephone at 866-FLA-EPRO (866-
352-3776) from 8:00 a.m. to 6:00 p.m. ET.
24.4 Diversity Report -The Contractor shall report to each Customer, ten (10)
Business Days afterthe end of the State's fiscal year, the spend with certified and
other minority business enterprises. These reports shall include the period
covered, the name, minority code, and Federal Employer Identification Number of
each minority business utilized during the period; commodities and services
provided by the minority business enterprise; and the amount paid to each minority
business on behalf of each Customer ordering under the terms of this Contract.
24.5 Ad-Hoc Reports -The Department and Customers reserve the right to require ad
hoc reports or additional sales information pertaining to this Contract and any
resulting purchase orders or contracts with Customers at no additional cost to the
Department or Customers. The Contractor must submit a report or information
within five (5) business days after receipt of a Department or Customer request,
unless otherwise approved by the Department or Customer.
25 Contractor Warranty
Should any defect or deficiency in any deliverable, or the remedy of such defect or deficiency,
cause incorrect data to be introduced into any Customer's database or cause data to be lost,
the Contractor shall correct and reconstruct, within the timeframe established by the Customer,
Page 14of15
('; all production, test, acceptance, and training files or databases affected at no additional cost to
the Customer.
(-)
26 Routine Communications
All routine communications related to the Contract shall be sent to the Department's Contract
Manager. If any of the Contractor's contact information changes during the life of the Contract
the Contractor shall notify the Department's Contract Manager; such updates do not necessitate
a formal amendment to the Contract. Communications relating to a Customer contract or
purchase order should be addressed to the contact person identified in the contract or purchase
order. Routine communications may be by email, regular mail, or telephone.
27 Business Review Meetings
Each Contract quarter, the Department may request, and the Contractor shall provide, a business
review meeting pertaining to the services provided under the Contract. The business review
meeting may include, but is not limited to, the following:
• Successful completion of deliverables;
• Review of the Contractor's performance;
• Review of minim um required reports;
• Any elevated Customer issues; and
• Review of continuous improvement ideas that may help lower total costs or improve business
efficiencies.
28 Contract Transition
Upon the expiration or termination of the Contract, the Contractor shall ensure a seamless transfer
of Contract responsibilities to the Department or any subsequent vendor(s) as necessary to
transition the services provided under the Contract. The Contractor agrees to cooperate with the
Department and any subsequent vendor(s) to coordinate the transition, including, but not limited
to, attending meetings and furnishing necessary information. The Contractor shall assume all
expenses related to its obligations to assist in the Contract transition.
29 Request for Quote(s) (RFQ) Requirement
29.1 Customers needing temporary staffing services will issue a detailed RFQ that
includes a term, service levels, educational qualifications and experience needed,
each time they desire to solicit temporary staffing services.
29.2 The Customer shall send the RFQ to both Vendors, as required by section
287.056(2), F.S.
29.3 The specific format of the RFQ is left to the discretion of the Customer's
Contracting Officer. Pursuant to section 287.056(2), F.S., RFQs performed within
the scope of this Contract are not independent competitive solicitations and are
not subject to the notice or challenge provisions of section 120.57(3), F.S.
Page 15 of 15
(
Contract Exhibit B
SPECIAL CONTRACT CONDITIONS
JULY 1, 2019 VERSION
Table of Contents
SECTION 1. DEFINITION ........................................................................................................................... 2
SECTION 2. CONTRACT TERM AND TERMINATION ................................................................................. 2
SECTION 3. PAYMENT AND FEES ............................................................................................................. 3
SECTION 4. CONTRACT MANAGEMENT .................................................................................................. 4
SECTION 5. COMPLIANCE WITH LAWS .................................................................................................... 6
SECTION 6. MISCELLANEOUS .................................................................................................................. 7
SECTION 7. LIABILITY AND INSURANCE ........................................................................................................... 9
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL
PROPERTY .............................................................................................................................................. 10
SECTION 9. DATA SECURITY .................................................................................................................. 12
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS .......................................................... 13
SECTION 11. CONTRACT MONITORING ................................................................................................ 14
SECTION 12. CONTRACT AUDITS ........................................................................................................... 15
SECTION 13. BACKGROUND SCREENING AND SECURITY ...................................................................... 16
SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM .................................................... 17
In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included
herein by reference but is superseded in its entirety by these Special
Contract Conditions.
SP approved version 7-1-2019 1
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SECTION 1. DEFINITION.
The following definition applies in addition to the definitions in Chapter 287, Florida
Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.):
1.1 Customer.
The agency or eligible user that purchases commodities or contractual services pursuant
to the Contract.
SECTION 2. CONTRACT TERM AND TERMINATION.
2.1 Initial Term.
The initial term will begin on the date set forth in the Contract documents or on the date
the Contract is signed by all Parties, whichever is later.
2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in
whole or in part only as set forth in the Contract documents, and in accordance with
section 287.057(13), F.S.
2.3 Suspension of Work and Termination.
2.3.1 Suspension of Work.
The Department may, at its sole discretion, suspend any or all activities under the
Contract, at any time, when it is in the best interest of the State of Florida to do so. The
Customer may suspend a resulting contract or purchase order, at any time, when in the
best interest of the Customer to do so. The Department or Customer will provide the
Contractor written notice outlining the particulars of the suspension. After receiving a
suspension notice, the Contractor must comply with the notice and will cease the
performance of the Contract or purchase order. Suspension of work will not entitle the
Contractor to any additional compensation. The Contractor will not resume performance
of the Contract or purchase order until so authorized by the Department.
2.3.2 Termination for Convenience.
The Contract may be terminated by the Department in whole or in part at any time, in the
best interest of the State of Florida. If the Contract is terminated before performance is
completed, the Contractor will be paid only for that work satisfactorily performed for
which costs can be substantiated. Such payment, however, may not exceed an amount
which is the same percentage of the Contract price as the amount of work satisfactorily
performed. All work in progress will become the property of the Customer and will be
turned over promptly by the Contractor.
2.3.3 Termination for Cause.
If the performance of the Contractor is not in compliance with the Contract requirements
or the Contractor has defaulted, the Department may:
(a) immediately terminate the Contract;
(b) notify the Contractor of the noncompliance or default, require correction, and specify
the date by which the correction must be completed before the Contract is terminated; or
(c) take other action deemed appropriate by the Department.
SP approved version 7-1-2019 2
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SECTION 3. PAYMENT AND FEES.
3.1 Pricing.
The Contractor will not exceed the pricing set forth in the Contract documents.
3.2 Price Decreases.
The following price decrease terms will apply to the Contract:
3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery
of large single orders;
3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this
Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing
offered under comparable contracts. Comparable contracts are those that are similar in
size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must
annually submit an affidavit from the Contractor's authorized representative attesting that
the Contract complies with this clause; and
3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, the Contractor may conduct sales
promotions involving price reductions for a specified lesser period. The Contractor must
submit documentation identifying the proposed: (1) starting and ending dates of the
promotion, (2) commodities or contractual services involved, and (3) promotional prices
compared to then-authorized prices.
3.3 Payment Invoicing.
The Contractor will be paid upon submission of invoices to the Customer after delivery
and acceptance of commodities or contractual services is confirmed by the Customer.
Invoices must contain sufficient detail for an audit and contain the Contract Number and
the Contractor's Federal Employer Identification Number.
3.4 Purchase Order.
A Customer may use purchase orders to buy commodities or contractual services
pursuant to the Contract and, if applicable, the Contractor must provide commodities or
contractual services pursuant to purchase orders. Purchase orders issued pursuant to
the Contract must be received by the Contractor no later than the close of business on
the last day of the Contract's term. The Contractor is required to accept timely purchase
orders specifying delivery schedules that extend beyond the Contract term even when
such extended delivery will occur after expiration of the Contract. Purchase orders shall
be valid through their specified term and performance by the Contractor, and all terms
and conditions of the Contract shall survive the termination or expiration of the Contract
and apply to the Contractor's performance. The duration of purchase orders for recurring
deliverables shall not exceed the expiration of the Contract by more than twelve months.
Any purchase order terms and conditions conflicting with these Special Contract
Conditions shall not become a part of the Contract.
3.5 Travel.
Travel expenses are not reimbursable unless specifically authorized by the Customer in
writing and may be reimbursed only in accordance with section 112.061, F.S.
SP approved version 7-1-2019 3
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3.6 Annual Appropriation.
Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an
agency for the purchase of services or tangible personal property for a period in excess
of one fiscal year, the State of Florida's performance and obligation to pay under the
Contract is contingent upon an annual appropriation by the Legislature.
3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), F.S. All payments issued by Customers to registered Vendors for
purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law.
Vendors must pay the Transaction Fees and agree to automatic deduction of the
Transaction Fees when automatic deduction becomes available. Vendors will submit any
monthly reports required pursuant to the rule. All such reports and payments will be
subject to audit. Failure to comply with the payment of the Transaction Fees or reporting
of transactions will constitute grounds for declaring the Vendor in default and subject the
Vendor to exclusion from business with the State of Florida.
3.8 Taxes.
Taxes, customs, and tariffs on commodities or contractual services purchased under the
Contract will not be assessed against the Customer or Department unless authorized by
Florida law.
3.9 Return of Funds.
Contractor will return any overpayments due to unearned funds or funds disallowed
pursuant to the terms of the Contract that were disbursed to the Contractor. The
Contractor must return any overpayment within forty (40) calendar days after either
discovery by the Contractor, its independent auditor, or notification by the Department or
Customer of the overpayment.
SECTION 4. CONTRACT MANAGEMENT.
4.1 Composition and Priority.
The Contractor agrees to provide commodities or contractual services to the Customer
as specified in the Contract. Additionally, the terms of the Contract supersede the terms
of all prior agreements between the Parties on this subject matter.
4.2 Notices.
All notices required under the Contract must be delivered to the designated Contract
Manager in a manner identified by the Department.
4.3 Department's Contract Manager.
The Department's Contract Manager, who is primarily responsible for the Department's
oversight of the Contract, will be identified in a separate writing to the Contractor upon
Contract signing in the following format:
Department's Contract Manager Name
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Department's Name
Department's Physical Address
Department's Telephone#
Department's Email Address
If the Department changes the Contract Manager, the Department will notify the
Contractor. Such a change does not require an amendment to the Contract.
4.4 Contractor's Contract Manager.
The Contractor's Contract Manager, who is primarily responsible for the Contractor's
oversight of the Contract performance, will be identified in a separate writing to the
Department upon Contract signing in the following format:
Contractor's Contract Manager Name
Contractor's Name
Contractor's Physical Address
Contractor's Telephone#
Contractor's Email Address
If the Contractor changes its Contract Manager, the Contractor will notify the
Department. Such a change does not require an amendment to the Contract.
4.5 Diversity.
4.5.1 Office of Supplier Diversity.
The State of Florida supports its diverse business community by creating opportunities
for woman-, veteran-, and minority-owned small business enterprises to participate in
procurements and contracts. The Department encourages supplier diversity through
certification of woman-, veteran-, and minority-owned small business enterprises and
provides advocacy, outreach, and networking through regional business events. For
additional information, please contact the Office of Supplier Diversity (OSD) at
osdinfo@dms.myflorida.com.
4.5.2 Diversity Reporting.
Upon request, the Contractor will report to the Department its spend with business
enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise
utilized during the period, commodities and contractual services provided by the
business enterprise, and the amount paid to the business enterprise on behalf of each
agency purchasing under the Contract.
4.6 RESPECT.
Subject to the agency determination provided for in section 413.036, F.S., the following
statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE
SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413,
FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME
PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES;
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AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER
BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL
BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS
DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.
Additional information about RESPECT and the commodities or contractual services it
offers is available at https://www.respectofflorida.org.
4.7 PRIDE.
Subject to the agency determination provided for in sections 287.042(1) and 946.515,
F.S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S.,
IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN
SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE
PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS
OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
Additional information about PRIDE and the commodities or contractual services it offers
is available at https://www.pride-enterprises.org.
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of
federal, state, and local agencies having jurisdiction and authority. For example, the
Contractor must comply with section 274A of the Immigration and Nationality Act, the
Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if
applicable, and all prohibitions against discrimination on the basis of race, religion, sex,
creed, national origin, handicap, marital status, or veteran's status. The provisions of
subparagraphs 287.058(1 )(a)-(c), and (g), F.S., are hereby incorporated by reference.
5.2 Dispute Resolution, Governing Law, and Venue.
Any dispute concerning performance of the Contract shall be decided by the
Department's designated Contract Manager, who will reduce the decision to writing and
serve a copy on the Contractor. The decision of the Contract Manager shall be final and
conclusive. Exhaustion of this administrative remedy is an absolute condition precedent
to the Contractor's ability to pursue legal action related to the Contract or any other form
of dispute resolution. The laws of the State of Florida govern the Contract. The Parties
submit to the jurisdiction of the courts of the State of Florida exclusively for any legal
action related to the Contract. Further, the Contractor hereby waives all privileges and
rights relating to venue it may have under Chapter 47, F.S., and all such venue
privileges and rights it may have under any other statute, rule, or case law, including, but
not limited to, those based on convenience. The Contractor hereby submits to venue in
the county chosen by the Department.
5.3 Department of State Registration.
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Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert
status, other than a sole proprietor, must provide the Department with conclusive
evidence of a certificate of status, not subject to qualification, if a Florida business entity,
or of a certificate of authorization if a foreign business entity.
5.4 Suspended, Convicted, and Discriminatory Vendor Lists.
In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate
who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor
List may not perform work as a contractor, supplier, subcontractor, or consultant under
the Contract. The Contractor must notify the Department if it or any of its suppliers,
subcontractors, or consultants have been placed on the Suspended Vendor List,
Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract.
5.5 Scrutinized Companies -Termination by the Department.
The Department may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its
duty to cooperate with the Inspector General in any investigation, audit, inspection,
review, or hearing. Upon request of the Inspector General or any other authorized State
official, the Contractor must provide any information the Inspector General deems
relevant to the Contractor's integrity or responsibility. Such information may include, but
will not be limited to, the Contractor's business or financial records, documents, or files
of any type or form that refer to or relate to the Contract. The Contractor will retain such
records for the longer of five years after the expiration of the Contract, or the period
required by the General Records Schedules maintained by the Florida Department of
State, at the Department of State's Records Management website. The Contractor
agrees to reimburse the State of Florida for the reasonable costs of investigation
incurred by the Inspector General or other authorized State of Florida official for
investigations of the Contractor's compliance with the terms of this or any other
agreement between the Contractor and the State of Florida which results in the
suspension or debarment of the Contractor. Such costs will include but will not be limited
to: salaries of investigators, including overtime; travel and lodging expenses; and expert
witness and documentary fees. The Contractor agrees to impose the same obligations to
cooperate with the Inspector General and retain records on any subcontractors used to
provide goods or services under the Contract.
SECTION 6. MISCELLANEOUS.
6.1 Subcontractors.
The Contractor will not subcontract any work under the Contract without prior written
consent of the Department. The Contractor is fully responsible for satisfactory
completion of all its subcontracted work. The Department supports diversity in its
procurements and contracts, and requests that the Contractor offer subcontracting
opportunities to certified woman-, veteran-, and minority-owned small businesses. The
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Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on
certified small business enterprises available for subcontracting opportunities.
6.2 Assignment.
The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations
under the Contract without the prior written consent of the Department. However, the
Contractor may waive its right to receive payment and assign same upon notice to the
Department. In the event of any assignment, the Contractor remains responsible for
performance of the Contract, unless such responsibility is expressly waived by the
Department. The Department may assign the Contract with prior written notice to the
Contractor.
6.3 Independent Contractor.
The Contractor and its employees, agents, representatives, and subcontractors are
independent contractors and not employees or agents of the State of Florida and are not
entitled to State of Florida benefits. The Department and Customer will not be bound by
any acts or conduct of the Contractor or its employees, agents, representatives, or
subcontractors. The Contractor agrees to include this provision in all its subcontracts
under the Contract.
6.4 Inspection and Acceptance of Commodities.
6.4.1 Risk of Loss.
Matters of inspection and acceptance are addressed in section 215.422, F.S. Until
acceptance, risk of loss or damage will remain with the Contractor. The Contractor will
be responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer will: record any evidence of visible
damage on all copies of the delivering carrier's bill of lading; report damages to the
carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of
lading and damage inspection report.
6.4.2 Rejected Commodities.
When a Customer rejects a commodity, Contractor will remove the commodity from the
premises within ten (10) calendar days after notification of rejection, and the risk of loss
will remain with the Contractor. Commodities not removed by the Contractor within ten
(10) calendar days will be deemed abandoned by the Contractor, and the Customer will
have the right to dispose of such commodities. Contractor will reimburse the Customer
for costs and expenses incurred in storing or effecting removal or disposition of rejected
commodities.
6.5 Safety Standards.
Performance of the Contract for all commodities or contractual services must comply
with requirements of the Occupational Safety and Health Act and other applicable State
of Florida and federal requirements.
6.6 Ombudsman.
A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this office are found in section 215.422, F.S., which include
disseminating information relative to prompt payment and assisting contractors in
receiving their payments in a timely manner from a Customer. The Vendor Ombudsman
may be contacted at (850) 413-5516.
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6.7 Time is of the Essence.
Time is of the essence regarding every obligation of the Contractor under the Contract.
Each obligation is deemed material, and a breach of any such obligation (including a
breach resulting from untimely performance) is a material breach.
6.8 Waiver.
The delay or failure by the Department or the Customer to exercise or enforce any rights
under the Contract will not constitute waiver of such rights.
6.9 Modification and Severability.
The Contract may only be modified by written agreement between the Department and
the Contractor. Should a court determine any provision of the Contract is invalid, the
remaining provisions will not be affected, and the rights and obligations of the Parties will
be construed and enforced as if the Contract did not contain the provision held invalid.
6.1 O Cooperative Purchasing.
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
governmental entities that are not Customers may make purchases under the terms and
conditions contained herein, if agreed to by Contractor. Such purchases are independent
of the Contract between the Department and the Contractor, and the Department is not a
party to these transactions. Agencies seeking to make purchases under this Contract
are required to follow the requirements of Rule 60A-1.045(5), F.A.C.
SECTION 7. LIABILITY AND INSURANCE.
7.1 Workers' Compensation Insurance.
The Contractor shall maintain workers' compensation insurance as required under the
Florida Workers' Compensation Law or the workers' compensation law of another
jurisdiction where applicable. The Contractor must require all subcontractors to similarly
provide workers' compensation insurance for all of the latter's employees. In the event
work is being performed by the Contractor under the Contract and any class of
employees performing the work is not protected under Workers' Compensation statutes,
the Contractor must provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of employees not otherwise
protected.
7.2 General Liability Insurance.
The Contractor must secure and maintain Commercial General Liability Insurance,
including bodily injury, property damage, products, personal and advertising injury, and
completed operations. This insurance must provide coverage for all claims that may
arise from performance of the Contract or completed operations, whether by the
Contractor or anyone directly or indirectly employed by the Contractor. Such insurance
must include the State of Florida as an additional insured for the entire length of the
resulting contract. The Contractor is responsible for determining the minimum limits of
liability necessary to provide reasonable financial protections to the Contractor and the
State of Florida under the resulting contract.
7.3 Florida Authorized Insurers.
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All insurance shall be with insurers authorized and eligible to transact the applicable line
of insurance business in the State of Florida. The Contractor shall provide
Certification(s) of Insurance evidencing that all appropriate coverage is in place and
showing the Department to be an additional insured.
7.4 Performance Bond.
Unless otherwise prohibited by law, the Department may require the Contractor to
furnish, without additional cost to the Department, a performance bond or irrevocable
letter of credit or other form of security for the satisfactory performance of work
hereunder. The Department shall determine the type and amount of security.
7.5 Indemnification.
To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and
hold the Customer and the State of Florida, its officers, employees, and agents harmless
from all fines, claims, assessments, suits, judgments, or damages, including
consequential, special, indirect, and punitive damages, including court costs and
attorney's fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret, or intellectual property right or out of any acts, actions,
breaches, neglect, or omissions of the Contractor, its employees, agents,
subcontractors, assignees, or delegates related to the Contract, as well as for any
determination arising out of or related to the Contract that the Contractor or Contractor's
employees, agents, subcontractors, assignees, or delegates are not independent
contractors in relation to the Customer. The Contract does not constitute a waiver of
sovereign immunity or consent by the Customer or the State of Florida or its subdivisions
to suit by third parties. Without limiting this indemnification, the Customer may provide
the Contractor (1) written notice of any action or threatened action, (2) the opportunity to
take over and settle or defend any such action at Contractor's sole expense, and (3)
assistance in defending the action at Contractor's sole expense.
7 .6 Limitation of Liability.
Unless otherwise specifically enumerated in the Contract or in the purchase order,
neither the Department nor the Customer shall be liable for special, indirect, punitive, or
consequential damages, including lost data or records (unless the Contract or purchase
order requires the Contractor to back-up data or records), even if the Department or
Customer has been advised that such damages are possible. Neither the Department
nor the Customer shall be liable for lost profits, lost revenue, or lost institutional
operating savings. The Department or Customer may, in addition to other remedies
available to them at law or equity and upon notice to the Contractor, retain such monies
from amounts due Contractor as may be necessary to satisfy any claim for damages,
penalties, costs, and the like asserted by or against them. The State may set off any
liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT,
AND INTELLECTUAL PROPERTY.
8 .1 Public Records.
8.1.1 Termination of Contract.
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The Department may terminate the Contract for refusal by the Contractor to comply with
this section by not allowing access to all public records, as defined in Chapter 119, F. S.,
made or received by the Contractor in conjunction with the Contract.
8.1.2 Statutory Notice.
Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor
acting on behalf of a public agency, as defined in section 119.011 (2), F.S., the following
applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL
ADDRESS, AND MAILING ADDRESS PROVIDED IN THE
RESULTING CONTRACT OR PURCHASE ORDER.
Pursuant to section 119.0701 (2)(b ), F.S., for contracts for services with a contractor
acting on behalf of a public agency as defined in section 119.011 (2), F.S., the Contractor
shall:
(a) Keep and maintain public records required by the public agency to perform the
service.
(b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law for the duration of the
Contract term and following the completion of the Contract if the Contractor does not
transfer the records to the public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the Contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the Contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
8.2 Protection of Trade Secrets or Otherwise Confidential Information.
8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information.
If the Contractor considers any portion of materials to be trade secret under section
688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the
Contractor must clearly designate that portion of the materials as trade secret or
otherwise confidential when submitted to the Department. The Contractor will be
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responsible for responding to and resolving all claims for access to Contract-related
materials it has designated trade secret or otherwise confidential.
8.2.2 Public Records Requests.
If the Department receives a public records request for materials designated by the
Contractor as trade secret or otherwise confidential under Florida or federal law, the
Contractor will be responsible for taking the appropriate legal action in response to the
request. If the Contractor fails to take appropriate and timely action to protect the
materials designated as trade secret or otherwise confidential, the Department will
provide the materials to the requester.
8.2.3 Indemnification Related to Confidentiality of Materials.
The Contractor will protect, defend, indemnify, and hold harmless the Department for
claims, costs, fines, and attorney's fees arising from or relating to its designation of
materials as trade secret or otherwise confidential.
8.3 Document Management.
The Contractor must retain sufficient documentation to substantiate claims for payment
under the Contract and all other records, electronic files, papers, and documents that
were made in relation to this Contract. The Contractor must retain all documents related
to the Contract for five (5) years after expiration of the Contract or, if longer, the period
required by the General Records Schedules maintained by the Florida Department of
State available at the Department of State's Records Management website.
8.4 Intellectual Property.
8.4.1 Ownership.
Unless specifically addressed otherwise in the Contract, the State of Florida shall be the
owner of all intellectual property rights to all property created or developed in connection
with the Contract.
8.4.2 Patentable Inventions or Discoveries.
Any inventions or discoveries developed in the course, or as a result, of services in
connection with the Contract that are patentable pursuant to 35 U .S.C. § 101 are the
sole property of the State of Florida. Contractor must inform the Customer of any
inventions or discoveries developed or made through performance of the Contract, and
such inventions or discoveries will be referred to the Florida Department of State for a
determination on whether patent protection will be sought. The State of Florida will be
the sole owner of all patents resulting from any invention or discovery made through
performance of the Contract.
8.4.3 Copyrightable Works.
Contractor must notify the Department or State of Florida of any publications, artwork, or
other copyrightable works developed in connection with the Contract. All copyrights
created or developed through performance of the Contract are owned solely by the State
of Florida.
SECTION 9. DATA SECURITY.
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r The Contractor will maintain the security of State of Florida data including, but not limited
to, maintaining a secure area around any displayed visible data and ensuring data is
stored and secured when not in use. The Contractor and subcontractors will not perform
any of the services from outside of the United States, and the Contractor will not allow
any State of Florida data to be sent by any medium, transmitted, or accessed outside the
United States due to Contractor's action or inaction. In the event of a security breach
involving State of Florida data, the Contractor shall give notice to the Customer and the
Department within one business day. "Security breach" for purposes of this section will
refer to a confirmed event that compromises the confidentiality, integrity, or availability of
data. Once a data breach has been contained, the Contractor must provide the
Department with a post-incident report documenting all containment, eradication, and
recovery measures taken. The Department reserves the right in its sole discretion to
enlist a third party to audit Contractor's findings and produce an independent report, and
the Contractor will fully cooperate with the third party. The Contractor will also comply
with all HIPAA requirements and any other state and federal rules and regulations
regarding security of information.
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS.
10 .1 Gratuities.
The Contractor will not, in connection with this Contract, directly or indirectly ( 1) offer,
give, or agree to give anything of value to anyone as consideration for any State of
Florida officer's or employee's decision, opinion, recommendation, vote, other exercise
of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to
anyone anything of value for the benefit of, or at the direction or request of, any State of
Florida officer or employee.
10.2 Lobbying.
In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used
for the purpose of lobbying the Legislature, the judicial branch, or the Department.
Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from
lobbying the executive or legislative branch concerning the scope of services,
performance, term, or compensation regarding the Contract after the Contract is
executed and during the Contract term.
10.3 Communications.
10.3.1 Contractor Communication or Disclosure.
The Contractor shall not make any public statements, press releases, publicity releases,
or other similar communications concerning the Contract or its subject matter or
otherwise disclose or permit to be disclosed any of the data or other information
obtained or furnished in compliance with the Contract, without first notifying the
Customer's Contract Manager and securing the Customer's prior written consent.
10.3.2 Use of Customer Statements.
The Contractor shall not use any statement attributable to the Customer or its
employees for the Contractor's promotions, press releases, publicity releases,
marketing, corporate communications, or other similar communications, without first
notifying the Customer's Contract Manager and securing the Customer's prior written
consent.
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SECTION 11. CONTRACT MONITORING.
11.1 Performance Standards.
The Contractor agrees to perform all tasks and provide deliverables as set forth in the
Contract. The Department and the Customer will be entitled at all times, upon request, to
be advised as to the status of work being done by the Contractor and of the details
thereof.
11.2 Performance Deficiencies and Financial Consequences of Non-Performance.
11.2.1 Proposal of Corrective Action Plan.
In addition to the processes set forth in the Contract (e.g., service level agreements), if
the Department or Customer determines that there is a performance deficiency that
requires correction by the Contractor, then the Department or Customer will notify the
Contractor. The correction must be made within a time-frame specified by the
Department or Customer. The Contractor must provide the Department or Customer with
a corrective action plan describing how the Contractor will address all performance
deficiencies identified by the Department or Customer.
11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure.
If the corrective action plan is unacceptable to the Department or Customer, or
implementation of the plan fails to remedy the performance deficiencies, the Department
or Customer will retain ten percent (10%) of the total invoice amount. The retainage will
be withheld until the Contractor resolves the performance deficiencies. If the
performance deficiencies are resolved, the Contractor may invoice the Department or
Customer for the retained amount. If the Contractor fails to resolve the performance
deficiencies, the retained amount will be forfeited to compensate the Department or
Customer for the performance deficiencies.
11.3 Performance Delay.
11.3.1 Notification.
The Contractor will promptly notify the Department or Customer upon becoming aware
of any circumstances that may reasonably be expected to jeopardize the timely and
successful completion (or delivery) of any commodity or contractual service. The
Contractor will use commercially reasonable efforts to avoid or minimize any delays in
performance and will inform the Department or the Customer of the steps the Contractor
is taking or will take to do so, and the projected actual completion (or delivery) time. If
the Contractor believes a delay in performance by the Department or the Customer has
caused or will cause the Contractor to be unable to perform its obligations on time, the
Contractor will promptly so notify the Department and use commercially reasonable
efforts to perform its obligations on time notwithstanding the Department's delay.
11.3.2 Liquidated Damages.
The Contractor acknowledges that delayed performance will damage the
DepartmentCustomer, but by their nature such damages are difficult to ascertain.
Accordingly, the liquidated damages provisions stated in the Contract documents will
apply. Liquidated damages are not intended to be a penalty and are solely intended to
compensate for damages.
11.4 Force Majeure, Notice of Delay, and No Damages for Delay.
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The Contractor will not be responsible for delay resulting from its failure to perform if
neither the fault nor the negligence of the Contractor or its employees or agents
contributed to the delay, and the delay is due directly to fire, explosion, earthquake,
windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism,
civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly
beyond the Contractor's reasonable control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor.
The foregoing does not excuse delay which could have been avoided if the Contractor
implemented any risk mitigation required by the Contract. In case of any delay the
Contractor believes is excusable, the Contractor will notify the Department in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10)
calendar days after the cause that created or will create the delay first arose, if the
Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is
not reasonably foreseeable, within five (5) calendar days after the date the Contractor
first had reason to believe that a delay could result. The foregoing will constitute the
Contractor's sole remedy or excuse with respect to delay. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for
damages will be asserted by the Contractor. The Contractor will not be entitled to an
increase in the Contract price or payment of any kind from the Department for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay, disruption,
interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist the Contractor will perform at no increased cost, unless
the Department determines, in its sole discretion, that the delay will significantly impair
the value of the Contract to the State of Florida or to Customers, in which case the
Department may (1) accept allocated performance or deliveries from the Contractor,
provided that the Contractor grants preferential treatment to Customers and the
Department with respect to commodities or contractual services subjected to allocation,
or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the commodity or contractual
services that are the subject of the delay, which purchases may be deducted from the
Contract quantity, or (3) terminate the Contract in whole or in part.
SECTION 12. CONTRACT AUDITS.
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits
of the Contractor and subcontractors as determined by the Department. The Department
may conduct an audit and review all the Contractor's and subcontractors' data and
records that directly relate to the Contract. To the extent necessary to verify the
Contractor's fees and claims for payment under the Contract, the Contractor's
agreements or contracts with subcontractors, partners, or agents of the Contractor,
pertaining to the Contract, may be inspected by the Department upon fifteen ( 15)
calendar days' notice, during normal working hours and in accordance with the
Contractor's facility access procedures where facility access is required. Release
statements from its subcontractors, partners, or agents are not required for the
Department or its designee to conduct compliance and performance audits on any of the
Contractor's contracts relating to this Contract. The Inspector General, in accordance
with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor
General also have authority to perform audits and inspections.
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12.2 Payment Audit.
Records of costs incurred under terms of the Contract will be maintained in accordance
with section 8.3 of these Special Contract Conditions. Records of costs incurred will
include the Contractor's general accounting records, together with supporting documents
and records of the Contractor and all subcontractors performing work, and all other
records of the Contractor and subcontractors considered necessary by the Department,
the State of Florida's Chief Financial Officer, or the Office of the Auditor General.
SECTION 13. BACKGROUND SCREENING AND SECURITY.
13.1 Background Check.
The Department or Customer may require the Contractor to conduct background checks
of its employees, agents, representatives, and subcontractors as directed by the
Department or Customer. The cost of the background checks will be borne by the
Contractor. The Department or Customer may require the Contractor to exclude the
Contractor's employees, agents, representatives, or subcontractors based on the
background check results. In addition, the Contractor must ensure that all persons have
a responsibility to self-report to the Contractor within three (3) calendar days any arrest
for any disqualifying offense. The Contractor must notify the Contract Manager within
twenty-four (24) hours of all details concerning any reported arrest. Upon the request of
the Department or Customer, the Contractor will re-screen any of its employees, agents,
representatives, and subcontractors during the term of the Contract.
13.2 E-Verify.
The Contractor must use the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired during the term of the
Contract for the services specified in the Contract. The Contractor must also include a
requirement in subcontracts that the subcontractor must utilize the E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during
the Contract term. In order to implement this provision, the Contractor must provide a
copy of its OHS Memorandum of Understanding (MOU) to the Contract Manager within
five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E-
Verify System, it will do so within five (5) calendar days of notice of Contract award and
provide the Contract Manager a copy of its MOU within five (5) calendar days of
Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each
Contractor or subcontractor new hire, the Contractor must provide a statement within
five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify
case number.
13.3 Disqualifying Offenses.
If at any time it is determined that a person has been found guilty of a misdemeanor or
felony offense as a result of a trial or has entered a plea of guilty or nolo contendere,
regardless of whether adjudication was withheld, within the last six (6) years from the
date of the court's determination for the crimes listed below, or their equivalent in any
jurisdiction, the Contractor is required to immediately remove that person from any
position with access to State of Florida data or directly performing services under the
Contract. The disqualifying offenses are as follows:
(a) Computer related crimes;
(b) Information technology crimes;
SP approved version 7-1-2019 16
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(c) Fraudulent practices;
(d) False pretenses;
(e) Frauds;
(f) Credit card crimes;
(g) Forgery;
(h) Counterfeiting;
(i) Violations involving checks or drafts;
U) Misuse of medical or personnel records; and
(k) Felony theft.
13.4 Confidentiality.
The Contractor must maintain confidentiality of all confidential data, files, and records
related to the commodities or contractual services provided pursuant to the Contract and
must comply with all state and federal laws, including, but not limited to sections
381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures
must be consistent with the most recent version of the Department security policies,
protocols, and procedures. The Contractor must also comply with any applicable
professional standards with respect to confidentiality of information.
SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM.
The Contractor warrants that, to the best of its knowledge, there is no pending or
threatened action, proceeding, or investigation, or any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its
Contract obligations. The Contractor warrants that neither it nor any affiliate is currently
on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List,
or on any similar list maintained by any other state or the federal government. The
Contractor shall immediately notify the Department in writing if its ability to perform is
compromised in any manner during the term of the Contract.
SP approved version 7-1-2019 17
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Department of
MANAGEMENT
SERVICES
~We serve those who serve Florida
CONTRACT EXHIBIT F
ADDITIONAL SPECIAL CONTRACT CONDITIONS
The sections of the Special Contract Conditions referenced below are replaced in their
entirety as follows:
5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements
that are applicable to the conduct of its business, including those of federal, state, and local
agencies having jurisdiction and authority. For example, the Contractor must comply with section
274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance
Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the
basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status.
The provisions of subparagraphs 287.058(1 )(a)-(c) and (g), F.S., are hereby incorporated by
reference.
Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing
information relevant to performance of the Contract or purchase order to members or staff of the
Florida Senate or Florida House of Representatives.
Pursuant to section 287.057(26), F.S., the Contractor shall ensure a representative will be
available to team members of the continuing oversight team.
5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists.
In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby
informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For
purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the
Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a
contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify
the Department if it or any of its suppliers, subcontractors, or consultants have been placed on
the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List
during the term of the Contract.
In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may
not enter into or renew a contract to provide any goods or services to an agency after its
placement on the Suspended Vendor List.
A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the
Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List
pursuant to section 287.137, F.S., orthe Discriminatory Vendor List pursuant to section 287.134,
F.S., is immediately disqualified from Contract eligibility.
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5.7 Cooperation with Inspector General and Records Retention.
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to
cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing.
Upon request of the Inspector General or any other authorized State official, the Contractor must
provide any information the Inspector General deems relevant. Such information may include, but
will not be limited to, the Contractor's business or financial records, documents, or files of any
type or form that ref er to or relate to the Contract. The Contractor will retain such records for the
longer of five years after the expiration or termination of the Contract, or the period required by
the General Records Schedules maintained by the Florida Department of State, at the
Department of State's Records Management website. The Contractor agrees to reimburse the
State of Florida for the reasonable costs of investigation incurred by the Inspector General or
other authorized State of Florida official for investigations of the Contractor's compliance with the
terms of this or any other agreement between the Contractor and the State of Florida which results
in the suspension or debarment of the Contractor. Such costs will include but will not be limited
to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness
and documentary fees. The Contractor agrees to impose the same obligations to cooperate with
the Inspector General and retain records on any subcontractors used to provide goods or services
under the Contract.
8.1.1 Termination of Contract.
The Department may terminate the Contract for refusal by the Contractor to comply with this
section by not allowing access to all public records, as defined in Chapter 119, F. S., made or
received by the Contractor in conjunction with the Contract unless the records are exempt from
s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S.
8.1.2 Statutory Notice.
Pursuant to section 119.0701 (2)(a), F .S., for contracts for services with a contractor acting on
behalf of a public agency, as defined in section 119.011(2), F.S., the following applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE DEPARTMENT'S CONTRACT
MANAGER LISTED IN SECTION 4.3 OF THE SPECIAL CONTRACT
CONDITIONS.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on
behalf of a public agency as defined in section 119.011 (2), F.S., the Contractor shall:
(a) Keep and maintain public records required by the public agency to perform the service.
(b) Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure are not disclosed except as authorized by law for the duration of the Contract term and
Additional Special Contract Conditions 2
(~' following the completion of the Contract if the Contractor does not transfer the records to the
public agency.
l/
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records
in possession of the Contractor or keep and maintain public records required by the public agency
to perform the service. If the Contractor transfers all public records to the public agency upon
completion of the Contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the Contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public records,
in a format that is compatible with the information technology systems of the public agency.
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits of the
Contractor and subcontractors as determined by the Department. The Department may conduct
an audit and review all the Contractor's and subcontractors' data and records that directly relate
to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment
under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or
agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon
fifteen (15) calendar days' notice, during normal working hours and in accordance with the
Contractor's facility access procedures where facility access is required. Release statements from
its subcontractors, partners, or agents are not required for the Department or its designee to
conduct compliance and performance audits on any of the Contractor's contracts relating to this
Contract. The Inspector General, the State of Florida's Chief Financial Officer, and the Office of
the Auditor General shall also have authority to perform audits and inspections.
12.3 Document Inspection.
In accordance with section 216.1366, F.S., the Department is authorized to inspect the: (a)
financial records, papers, and documents of the Contractor that are directly related to the
performance of the Contract or the expenditure of state funds; and (b) programmatic records,
papers, and documents of the Contractor which the Department determines are necessary to
monitor the performance of the Contract or to ensure that the terms of the Contract are being met.
The Contractor shall provide such records, papers, and documents requested by the Department
within 10 Business Days after the request is made.
13.2 E-Verify.
The Contractor and its subcontractors have an obligation to utilize the U.S. Department of
Homeland Security's (OHS) E-Verify system for all newly hired employees in accordance with
section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered with,
and uses, the E-Verify system for all newly hired employees in accordance with section 448.095,
F.S. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph
(2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the
Contract. The Contractor shall provide a copy of its OHS Memorandum of Understanding (MOU)
to the Department's Contract Manager within five days of Contract execution.
This section serves as notice to the Contractor regarding the requirements of section 448.095,
F.S., specifically sub-paragraph (2)(c)1, and the Department's obligation to terminate the Contract
if it has a good faith belief that the Contractor has knowingly violated section 448.09(1 ), F.S. If
terminated for such reason, the Contractor will not be eligible for award of a public contract for at
least one year after the date of such termination. The Department will promptly notify the
Additional Special Contract Conditions 3
C-' Contractor and order the immediate termination of the contract between the Contractor and a
subcontractor performing work on its behalf for this Contract should the Department have a good
faith belief that the subcontractor has knowingly violated section 448.09(1 ), F.S.
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Additional Special Contract Conditions 4
DocuSign Envelope ID: AFAAC979-509D-4ADB-BA90-5A399677ED32
Department of
MANAGEMENT
SERVICES
..,_We serve those who serve Florida
State Term Contract
No. 80111600-21-STC
For
Temporary Staffing Services
This Contract is between the State of Florida, Department of Management Services (Department), an
agency of the State of Florida, and 22nd Century Technologies, Inc. (Contractor), collectively referred to
herein as the "Parties."
Accordingly, the Parties agree as follows:
I.
II.
Initial Contract Term.
The initial Contract term shall be for three (3) years. The initial Contract term shall begin on the date of
the last signature below. The Contract shall expire on July 31, 2024 unless terminated earlier in
accordance with Contract Exhibit B, Special Contract Conditions.
Renewal Term.
Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, for a renewal
term not to exceed the initial Contractterm, pursuant to Contract Exhibit B, Special Contract Conditions.
Ill. Contract.
As used in this document, "Contract" (whether or not capitalized) shall, unless the context requires
otherwise, include this document and all incorporated exhibits, which set forth the entire understanding
of the Parties and supersede all prior agreements. All modifications to this Contract must be in writing
and signed by all Parties.
All exhibits listed below are incorporated in their entirety into, and form part of, this Contract. The
Contract exhibits shall have priority in the order listed below:
a) This Contract document
b) Contract Exhibit F, Additional Special Contract Conditions
c) Contract Exhibit A, Statement of Work
d) Contract Exhibit B, Special Contract Conditions
e) Contract Exhibit C, Job Title Descriptions
f) Contract Exhibit D, Contractor's Submitted Technical Proposal from RFP No. 20-80111600-
RFP
g) Contract Exhibit E, Contractor's Submitted Cost Proposal from RFP No. 20-80111600-RFP
Page 1 of2
DocuSign Envelope ID: AFAAC979-509D-4AD8-BA90-5A399677ED32
()
IV. Contract Management.
Department's Contract Manager:
Frank Miller
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
Telephone: (850) 488-8855
Email: Frank.Miller@dms.fl.gov
Contractor's Contract Manager:
Sandeep Singh
22nd Century Technologies, Inc.
8251 Greensboro, Dr, Suite 900
Mclean, VA 22102
Telephone: (914) 433-8200
Email: sandeeps@tscti.com
This Contract is executed by the undersigned officials as duly authorized. This Contract is not valid and
binding on all Parties until signed and dated by both Parties.
State of Florida:
Department of Management Services
By:~~~~~~~~~~~~~~
Name: Todd Inman
Title: Secretary
Contractor:
22nd Century Technologies, Inc.
By:~=~(,,s
Name:E~~'i5fffi"tBelilies
Title: Director
Date: 7 /20/2021 I 9:55 AM CDT
Page 2 of 2
DocuSlgn Envelope ID: AFAAC979-5090-4AD8-BA90-5A399677ED32
(~)
IV. Contract Management.
Department's Contract Manager:
Frank Miller
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
Telephone: (850) 488-8855
Email: Frank.Miller@dms.fl.gov
Contractor's Contract Manager:
Sandeep Singh
22nd Century Technologies, Inc.
8251 Greensboro, Dr, Suite 900
Mclean, VA 22102
Telephone: (914) 433-8200
Email: sandeeps@tscti.com
This Contract is executed by the undersigned officials as duly authorized. This Contract is not valid and
binding on all Parties until signed and dated by both Parties.
Contractor:
22nd Century Technologies, Inc.
By:u:;=~s
Nam9:i!itmfllTIJetilies
Title: Director
Date: 7 /20/2021 I 9:55 AM CDT
Page2 of2
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CONTRACT EXHIBIT A
Temporary Staffing Services
Contract No. 80111600-21-STC
Statement of Work
1 Scope of Services
The Contractor shall serve as the Managed Service Provider (MSP) of the State for the provision
of temporary administrative, industrial, and medical staffing services. This includes, but is not
limited to, providing Customers with a comprehensive offering of Temporary Staffing Services
statewide via the Contractor's Management System to meet their various needs.
2 Definitions
2.1 Bill Rate -The unit of compensation paid to the Contractor, consisting of the Pay
Rate and the Mark-Up Rate. The Bill Rate is expressed as a range between Entry
(low) and Experienced (high). "Bill Rate, Entry" and "Bill Rate, Experienced" is
determined by applying the Mark-Up Rate to the "Pay Rate, Entry" and "Pay Rate,
Experienced," respectively.
2.2
2.3
2.4
Business Day -Monday through Friday, inclusive, except for those holidays
specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m. Eastern Time.
Contingent Staff-A person assigned to work on behalf of the Contractor for the
purpose of providing temporary staffing services to a Customer.
Contractor or Managed Service Provider (MSP)-The Vendor that has been
awarded and contracts to provide and maintain a network of Subcontractors,
supply and support a Management System (MS), and provide recruitment and
selection services to Customers in accordance with the Contract. The term
"Contractor" may be used interchangeably with "Managed Service Provider."
2.5 Customer -An ordering entity, including state agencies and eligible users, as
defined in Rule 60A-1.001, Florida Administrative Code (F.A.C.).
2.6 Job Category -The classification of Job Titles under this Contract. The Job
Categories are administrative, industrial, and medical.
2.7 Job Title -A service provided by the Contractor to be performed by Contingent
Staff under this Contract.
2.8 Management System (MS) -The Contractor's automated system, accessible
through the internet, that processes requests for Contingent Staff from Customers
and invoices Customers, produces monthly and quarterly reports, and performs
other operations required under the Contract.
2.9 Mark-Up Rate -The amount paid to the Contractor, in addition to the Pay Rate,
that includes all other costs associated with the provision of Temporary Staffing
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Services; the Mark-Up Rate may include, but is not limited to, Statutory Rate,
Subcontractor costs, and the amount retained by the Contractor as payment for
services rendered under the Contract. The Mark-Up Rate is equal to the difference
between the Bill Rate and the Pay Rate and is expressed as a percentage for the
purposes of the Contract; the Mark-Up Rate is applied to the Pay Rate to determine
the Bill Rate.
2.1 O Pay Rate -The hourly rate of pay to Contingent Staff before deductions are taken.
The Pay Rate is expressed as a range between Entry (low) and Experienced (high)
and is commensurate with the qualifications and skill level of Contingent Staff.
2.10.1 Pay Rate, Entry -The Pay Rate for entry-level Contingent Staff. The
Customer may negotiate, and the Contractor may offer, a "Pay Rate, Entry"
lower than that which is indicated on the Cost Proposal for a Job Title.
2.10.2 Pay Rate, Experienced -The Pay Rate for experienced Contingent Staff.
The Customer may negotiate, and the Contractor may offer, a "Pay-Rate,
Experienced" lower than that which is indicated on the Cost Proposal for a
Job Title. However, the Contractor shall not offer a "Pay Rate,
Experienced" higher than that which is indicated on the Cost Proposal for
a Job Title.
2.11 Service Level Agreement-Mandatory, detailed performance requirements that
apply to the Contractor's provision of services to Customers under the Contract.
2.12 State -The State of Florida.
2.13 Statutory Rate -The total amount for taxes and fees required by applicable
federal and state employment laws, including but not limited to, the Federal
Insurance Contributions Act, Medicare, Florida Unemployment Compensation Act
Federal Unemployment Tax, Florida Workers' Compensation Act, liability
insurance, and Affordable Healthcare Act.
2.14 Subcontractor -When capitalized in this SOW, a vendor that has executed an
agreement with the Contractor, and been approved by the Department, to supply
Contingent Staffing to a Customer upon request.
2.15 Temporary Staffing Services -The complete portfolio of Job Titles available from
the Contractor for administrative, industrial, and medical staffing service categories
under this Contract.
3 Contractor Responsibilities
The Contractor and its subcontractors shall adhere to all work policies, procedures, and standards
established by the Department and Customer. The Contractor and its subcontractors shall ensure
that Contingent Staff conform in all respects with physical safety, security, and fire regulations
while on the Customer's premises. The Contractor and its subcontractors shall be responsible for
obtaining all of the aforementioned rules, regulations, policies, etc. Regardless of any delegation,
including any subcontract entered into, by the Contractor, the Contractor and its subcontractors
shall be responsible for the following:
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3.1 Recruiting, hiring, and implementing any reassignments or terminations of
Contingent Staff. The Contractor shall ensure competency and responsibility of the
Contingent Staff, subject to a financial consequence as identified in Section 23,
Service Level Agreements and Financial Consequences, for failure to maintain a
Contingent Staff turnover rate of no more than 8% per month.
3.2 Providing Contingent Staff that meet the requirements, including but not limited to,
to the experience level, identified in the Customer's contract or purchase order.
3.3 Maintaining a recruiting and hiring program that is in compliance with applicable
federal and State employment laws and their implementing rules and regulations,
including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans
with Disabilities Act, the Age Discrimination in Employment Act, the Fair Credit
Reporting Act, and the Fair Employment Protection Act.
3.4 Performing background screening on all Contingent Staff, including screening of
credentials, licensure, personal history, qualifications, work history, and
references, as well as criminal background checks and fingerprinting as required
herein. Contractor shall ensure that all Contingent Staff possess all certifications
and qualifications necessary to enable them to perform their assignments.
3.5 Providing telephone and help desk support, in accordance with State business
hours. Business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday,
excluding holidays, as specified in section 110.117, Florida Statutes (F.S.).
3.6 Ensure that the staffing opportunities are released at the same time to all
Subcontractors. The Contractor shall screen submitted candidate resumes for
applicability to job requisition, facilitate the selection process with the Customer
and Subcontractor, and provide reporting visibility on candidate submittals and
selection trends to the Department and the Customer. The Contractor shall ensure
that all Subcontractors have an equal opportunity to submit candidates for all
staffing position opportunities.
3.7 Administering periodic performance evaluations and any disciplinary actions for
each Contingent Staff provided under this Contract.
3.8 Informing Contingent Staff that they are required to adhere to the policies and
procedures of the State and the Customer. Contractor or its designee shall
promptly notify the Customer of any human resource issues raised by a Contingent
Staff that may affect the Customer, such as threats of violence, harassment,
discrimination, or retaliation.
3.9 Providing harassment, discrimination, and retaliation training for all Contingent
Staff. Contractor shall maintain a record of all such training.
3.10 Informing Contingent Staff in writing that they are employed by Contractor, not the
Customer.
3.11 Notifying Contingent Staff in writing that the only benefits they will receive will be
from Contractor and that they are not entitled to any benefits from the Customer.
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3.12 Informing Contingent Staff in writing that job-related illness/injury reports are to be
made to Contractor. Contractor or its designee shall notify the Customer within
twenty-four (24) hours of receipt of any such reports.
3.13 Being solely responsible for, and holding Customers harmless from, all
administrative employment matters regarding Contingent Staff including, but not
limited to, all payroll and payroll income tax withholding matters; payment of
workers' compensation premiums; funding of legally required fringe benefit
programs; and taking responsibility for and complying with (including offering
coverage, if required) the Affordable Care Act with respect to Contingent Staff.
3.14 Paying Contingent Staff in compliance with applicable wage and hour laws
including, but not limited to, the Fair Labor Standards Act and Florida Employment
and Labor Laws. Contractor shall maintain complete and accurate records of all
wages paid to Contingent Staff. Contractor shall be exclusively responsible for and
will comply with applicable law governing the reporting and payment of wages and
payroll-related and unemployment taxes attributable to wages paid to Contingent
Staff.
3.15 Issue invoices for all services provided to Customers. Invoices must specify the
Pay Rate, Bill Rate, and Mark-Up Rate used to determine the amount of the
invoice. The Mark-Up Rate must be expressed as a percentage and dollar amount
and must include the Statutory Rate expressed as a percentage of the Mark-up
Rate. Invoices must be submitted in detail sufficientfora proper pre-audit and post-
audit thereof. Invoices will be paid in accordance with the requirements of section
215.422, Florida Statutes.
4 Management System Requirements
The Contractor shall develop and maintain the MS, which shall manage all processes required to
procure Contingent Staff, manage assignments, collect hours worked, consolidate invoicing, and
report on the Contingent Staff by Customer.
4.1 The Contractor shall ensure that the Department, Subcontractors, and Customers
have continuous, uninterrupted access to the MS, including nights, weekends, and
holidays, for the duration of the Contract, subject to a 98% uptime target for the
application of financial consequences identified in Paragraph 23 below.
4.2 The Contractor shall provide a minimum of thirty (30) days' notice to the
Department prior to planned outage, update, upgrade, and maintenance
schedules for the MS. The Contractor shall, within one (1) business hour of
becoming aware of an unplanned outage of the MS, notify the Department of the
occurrence and establish workaround solutions if the outage exceeds one ( 1)
Business Day or eight (8) consecutive business hours.
4.3 The Contractor shall provide Customers with initial setup training and materials on
how to use the MS. The Contractor shall also make ongoing training available to
Customers on as-needed basis upon request.
4.4 The Contractor shall configure the MS to incorporate name and location and any
other reasonable non-programming modifications as requested by a state agency
but is not obligated to develop customizations for other eligible users.
Page 4 of 15
4.5 Provide all reporting features, including but not limited to, standard reports and ad
hoc reports created through tools accessible and useable by the Department and
Customers. The Contractor shall ensure that such reports can be created by the
Department and Customers without specialized knowledge of report program ming.
4.6 Provide the Department's Contract Manager with access to all information
pertaining to all orders and contracts with Customers, including but not limited to,
staffing requests, assigned Contingent Staff, and invoices. Customers shall have
access to all information pertaining to the Customer's orders and contracts,
including but not limited to, staffing requests, assigned Contingent Staff, and
invoices. Invoice information accessible by the Department and Customers must
include Pay Rate, Mark-Up Rate, and Bill Rate amounts; Mark-Up Rate amounts
must include the Statutory Rate expressed as a percentage of the Mark-up Rate.
4. 7 The MS shall keep the Customers updated on the status of the order and facilitate
communication between all parties involved in the process. The MS shall utilize
standard email applications to notify Customers when a task is required or has
been completed. For example, a requesting manager must be notified when their
requisition has been issued and when the Subcontractors have submitted resumes
through the MS. The internal clock in the MS shall timestamp all activities and
provide reports accordingly. The MS shall be a "collaborative ecommerce" platform
that allows Customers to communication and collaboration through one central
platform.
4.8 The MS shall be a workflow-based application delivered in a Software as a Service
(SaaS) model and accessed via the internet utilizing a standard browser. The MS
shall be configured specifically for each state agency customer utilizing business
rules, user roles, and internal routing. The MS shall be an extensive application
configuration tool that allows new users, vendors, and job information to be added
or updated easily.
The Contractor agrees to cooperate with the Department and Customers and
perform all actions necessary to assist with all tasks in furtherance of the
Department's and Customers' efforts to comply with the obligations under section
282.318, F.S., and Chapter 60GG-2, F.A.C., Information Technology Security
(also known as the Florida Cybersecurity Standards (FCS)), as applicable. The
Contractor shall abide by all applicable federal and state law pertaining to
cybersecurity requirements, and other prescribed security guidance, to include
(but not limited to) those requirements outlined for such sensitive data types as
Personally Identifiable Information (PHI) and Criminal Justice Information (CJI).
4.9 In addition to the above requirements, the MS shall:
4.9.1 Reduce costs and improve efficiency for Customers by automating the
Contingent Staffing process through:
a. Providing a single point of contact;
b. Consolidating and standardizing the Contingent Staff procurement
processes;
c. Providing automated order entry and distribution, candidate submittal,
response, and order fulfillment;
Page 5of15
r d. Replacing paper-intensive, manually-managed processes;
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e. Replacing fax, email, and telephone order distribution;
f. Addressing the unique requirements for industrial Customers;
g. Providing a process to quickly fill positions;
h. Providing visibility into weekly and daily resource loading schedules
and the ability to adjust the schedules;
i. Accommodating multiple and varying work schedules;
j. Flagging Contingent Staff that require special review;
k. Providing additional information on applicants to assist hiring managers
with evaluations;
I. Tracking the history of all Contingent Staff assignments at Customer
locations; and
m. Providing collaborative features that reduce "telephone tag."
4.9.2 Streamline the approval and billing process using:
a. Pre-established routing for approvals;
b. Desktop action list, email notification;
c. Automatic approval back-ups for manager absences; and
d. Tracking of Customer expenditures.
4.9.3 Automate time and expense capture and approval by:
a. Eliminating paper-intensive time capture;
b. Reducing audit requirements of the time capture and invoice process;
c. Providing statewide reporting, including transactional, financial, and
performance metrics; and
d. Providing usage data immediately after payroll.
5 Interview of Prospective Contingent Staff
The Customer shall have the right to interview all prospective Contingent Staff and to accept or
reject any or all based upon the required skills and the background and experience of each
individual.
6 Training
Referred personnel shall be immediately productive, requiring minimal training and orientation. If,
in the sole discretion of the Customer, extended training (over four (4) hours) is required, such as
for an extended project or for any particular skill set, the Customer must include the extended
training requirements in the original order issued to the Contractor for contingent staff. The
Contractor may be required to pay the Contingent Staff for up to sixteen (16) hours (two (2)
Business Days) of training, as determined by the Customer.
7 Hours of Work
7.1 Contractor shall verify work hours at the time the Customer order is placed. Work
hours and holidays will vary dependent upon the Customer and Job Title. In
addition to the holidays specified in section 110.117, F.S., Customers may have
holiday(s) observed specifically by the Customer, which will be detailed in the
Customer's contract or purchase order.
7.2 Customers' contracts and purchase orders may include requirements for weekend
and overtime work.
Page 6of15
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7 .2.1 Weekend work shall be defined as 12:00 a.m. on Saturday through 11 :59
p.m. on Sunday during the same week. Weekend work shall not be
considered overtime, unless the Contingent Staff exceeds forty (40) hours
within the week during which the weekend work was performed.
7.2.2 Overtime shall be defined as hours worked in excess of forty (40) per week.
Should Contingent Staff work on a holiday (as specified in section 110.117,
F.S., or on an individual Customer's contract or purchase order), regular
pay shall apply to all hours under forty (40), and time and a half shall apply
for hours over forty ( 40). Overtime must be approved in writing, in advance,
by the Customer in order to be reimbursable.
7.3 Lunch periods will range from thirty (30) to sixty (60) minutes and will be
determined by the Customer. No payments shall be made for lunch periods.
7.4 Contingent Staff will receive one ( 1) 15-m inute break in the morning and one ( 1)
15-minute break in the afternoon; the exact times of the breaks will be agreed to
by the Contingent Staff and the Customer.
8 Transportation and Parking
It will be the Contractor or the Contingent Staff's responsibility to provide transportation to and
from the required work location(s). Parking may or may not be provided and, if not, will be the
responsibility of the Contractor or the Contingent Staff.
9 Contingent Staff Expenses
Contractor shall be responsible for Contingent Staff expenses. Customers are not responsible for
separately reimbursing the Contractor, Subcontractor(s), or Contingent Staff for travel expenses,
unless authorized in writing at the time the Customer order is placed. If authorized by the
Customer, bills for travel expenses shall be submitted in accordance with section 112.061, F.S.,
and may be submitted through the MS.
10 Contractor Single Point of Contract
The Contractor shall designate a coordinator as a single point of contact (SPOC), as well as a
backup, that will be accessible during Business Days, to receiveemploymentrequests and handle
and assist with any and all inquiries regarding scheduling, billing, status of orders, availability,
contract pricing, contract compliance requirements, reports, and problem solving. Contractor's
SPOC shall be available via a toll-free telephone number or email. The SPOC may have support
staff that will serve as account managers for different Customers or designated multiple points of
contact in order to best provide service.
11 Contingent Staff Requirements
11.1 Background Screening -The Contractor shall require that background checks,
including criminal history checks, are conducted on Contingent Staff. Contingent
Staff may be persons of special trust and may be required to undergo a Level II
Background Check, as described in section 435.04, F.S. The cost of the
background checks will be borne by the Contractor or its Subcontractors, not the
Department or Customer. The Contractor may not allow any Contingent Staff to
provide services to Customers if such Contingent Staff does not meet the
qualification standards established by the Customer.
Page 7of15
(-)
11.2 Reporting of Criminal Matters -The Contractor shall require Subcontractors to
report to Contractor any criminal matter in which the Contingent Staff assigned to
a Customer has been involved. Criminal matters requiring reporting include an
arrest, charge, indictment, information, conviction, plea of guilty or plea of no
contest, regardless of whether adjudication is withheld and regardless of whether
the criminal matter occurred within or outside the workplace. The Contractor shall
require Subcontractors to report criminal matters, of which it has knowledge, no
later than one (1) Business Day after the occurrence of the event and shall provide
Subcontractors with contact information for reporting criminal matters. The
Contractor shall notify the Customer no later than one (1) Business Day after the
reporting by Subcontractor of any criminal matter.
11.3 Drug Testing -Drug testing requirements will vary for individual Customers
throughout the State. The Customer will identify if there is a drug test requirement
at the time the order is placed. These tests are normally conducted randomly, on
a random number of Contingent Staff, in safety-sensitive positions, and consist of
a urine sample. If a Contingent Staff fails a drug test, the Contingent Staff will no
longer be eligible to provide services to the Customer under this Contract. The cost
of the drug test shall be incurred by the Contractor.
11.4 Driving Qualification-If driving is required fora specific Job Title, the Contingent
Staff must have a valid driver's license reflective of the class required to render the
services. Any cost associated with confirming this qualification shall be borne by
the Contractor.
11.5 Additional Certification(s) -Certain positions may require additional types of
certifications, such as First Aid and CPR certification. Contingent Staff shall have
these certifications prior to applying for such positions. Contingent Staff shall
maintain and recertify these certifications at the Contractor's or their own expense.
11.6 Dress and Equipment -Contingent Staff shall report to job assignments dressed
appropriately and with the equipment specified by the Customer as being required
to perform work in the Job Categories covered under this Contract. Field personnel
are required to have safety shoes, at the expense of the Contractor, Subcontractor,
or Contingent Staff. The safety shoes must meet American National Standards
Institute (ANSI) and Occupational Safety and Health Administration (OSHA)
standards.
11.7 Communication Skills -Unless otherwise requested, all Contingent Staff must
be able to read, write, speak, and comprehend the English language in accordance
with the minimum requirements of the position description. If the Contractor
provides Contingent Staff that are unable to read, write, speak, and comprehend
the English language, in the Customer's sole discretion, the Contractor will refund
any fees and wages incurred.
11.8 Courtesy and Cordiality Towards All Others -Contingent Staff shall be
respectful of all people with whom they interact, including Customer employees.
11.9 Customer's Right of Refusal -The Contractor will be given between four (4)
business hours and one (1) Business Day to confirm availability of a Contingent
Staff to fill a request. However, if the Customer and Contractor agree that a position
Page 8of15
(···.)
. /
is "hard-to-fill," the Customer may allow up to five (5) Business Days for the
Contractor to confirm availability of a Contingent Staff. In the event that the
Subcontractor is unable to fill the job request, the Customer may cancel the
request.
12 Subcontractor Management
The Contractor shall monitor the performance of all Subcontractors and enforce all subcontract
performance requirements. The Contractor shall notify the Department within 48 hours of
conditions related to Subcontractor performance that adversely affect service delivery to
Customers. Contractor acknowledges that it is responsible for compliance with the requirements
of Section 3 above, whether the work is performed by it, its affiliate, or its Subcontractor(s).
12.1 In managing Subcontractors and performing its administrative responsibilities, the
Contractor shall adhere to ethical standards contained in sections 112.313 and
112.3135, F.S., the Florida Code of Ethics for Public Officers and Employees.
12.2 The Contractor shall ensure that Contingent Staff are drawn from staff within the
Subcontractor network. Throughout the term of this Contract, the Contractor shall
perform its responsibilities in a vendor-neutral manner.
12.3 The Contractor shall issue payments to Subcontractors in accordance with section
287.0585, F.S.
12.4 The Contractor is responsible for all services provided by the Subcontractors. The
Contractor agrees that the Department shall not be liable to the Subcontractor in
any way or for any reason under this Contract.
12.5 The Contractor shall develop a transparent and efficient method to add and
terminate new and existing Subcontractors. Prior to delivery of Temporary Staffing
Services, the Contractor shall obtain Department approval of its plan for adding
and terminating new and existing Subcontractors. The Contractor shall provide
notice within five (5) Business Days to the Department of new or terminated
Subcontractors. The Department reserves the right to disallow the addition of a
proposed new Subcontractor and to require removal of a Subcontractor at any
time.
12.6 The Contractor may not subcontract or assign its administrative, management, or
oversight responsibilities under this Contract without prior written approval of the
Department. The Contractor may not provide its own Contingent Staff without prior
written approval of the Department.
13 Contingent Staff Compliance
Work policies, procedures, and standards established by the Customer shall be followed at all
times. The Contingent Staff shall conform in all respects with regard to physical safety, security,
and fire regulations while on the Customer's premises. Contractor shall be responsible for
obtaining all rules, regulations, policies, etc. from the Customer.
14 Confidentiality of Customer Information
The Contractor shall ensure Contingent Staff's compliance with all State and federal
confidentiality requirements of the Department and Customer, including any requirements
pertaining to protected health information (PHI), as defined in the Health Insurance Portability and
Page 9of15
f\' \ Accountability Act of 1996 (HIPAA), if applicable. The Contractor shall comply with any additional
()
confidentiality requirements set forth in the Customer's contract or purchase order.
15 Replacement of Contingent Staff
In the event any Contingent Staff fails to adhere to the Customer's directions or safety, security,
or fire regulations, or demonstrates that they are not qualified to perform the required duties, the
Customer will notify the Contractor, who shall replace the Contingent Staff immediately or as
directed by the Customer at no cost to the Customer, including, but not limited to, training time,
background checks, ID badges, drug testing, etc.
15.1 Such notice and replacement requirements also apply to any Contingent Staff that
leaves, for any reason, before the assignment is completed. When a Contingent
Staff leaves, at any time, the Contractor shall be responsible for any unreturned
keys, ID badges, etc. If such items are not returned to the Customer within five (5)
working days, the Customer shall send an invoice to the Contractor for the exact
replacement cost. The Contractor shall pay this invoice within fourteen ( 14)
calendar days. If the Contractor has not paid the invoice within fourteen ( 14)
calendar days, the Customer will have the option to deduct the exact replacement
costs from the final invoice.
16 Mark-Up Rate
The Contractor shall not exceed the Mark-Up Rates provided in its submitted Cost Proposal for
both the initial and renewal terms for each Job Category unless the Mark-Up Rates are increased
by a formal amendment to the Contract.
17 Mark-up Rate Adjustments
Mark-Up Rates may be adjusted no earlier than twelve (12) months after the start date of the
Contract, and annually thereafter, but no earlier than twelve (12) months after the effective date
of the previous Mark-Up Rate adjustment. Mark-Up Rate increases must be supported by a
change in Statutory Rate. When requesting a Mark-Up Rate increase, the Contractor shall
submit a written justification to the Department's Contract Manager detailing the increase in
Statutory Rate, along with documentation of changes in taxes and fees required by federal and
state employment laws.
The Department reserves the exclusive right to approve or deny any Mark-Up Rate adjustment
request. Mark-Up Rate adjustments will not be considered if the Contractor has any contractual
non-performance issues including, but not limited to, outstanding fees or monies due under this
Contract or overdue reports or documentation, including, but not limited to, a Quarterly Sales
Report or an MFMP Transaction Fee Report. Mark-Up Rate adjustments are effective only upon
written approval by the Department and may not be applied retroactively. The Department
reserves the right to request Mark-Up Rate decreases at any time during the term of the
Contract if it is found to be in the best interest of the State. Mark-Up Rate decreases issued by
the Contractor are permissible at any time during the initial and renewal terms.
18 Pricing Adjustments
Pay Rates and Bill Rates (i.e., prices) may not be adjusted during the initial term of the Contract
For the renewal term of the Contract, the prices will be the renewal term prices specified in the
Cost Proposal; however, the renewal term prices may be adjusted no earlier than twelve (12)
months after the start date of the first renewal term, if any, and annually thereafter, but no earlier
than twelve ( 12) months after the effective date of the previous price adjustment. Price increases
must be supported by a change in the Wage Estimates for each Occupational Code and Job Title
Page 10of15
{'>
\ shown in the Cost Proposal. This information is published by the Florida Department of Economic
()
L
Opportunity (DEO) and is available at https://floridajobs.org/workforce-statistics/data-center/
statistical-programs/occupational-employment-statistics-and-wages.
The change in Wage Estimates for the first price adjustment after the start date of the renewal
term shall be determined using the Wage Estimates for the year in which the renewal term began
and the Wage Estimates at the time of the price adjustment request. The change in Wage
Estimates for second and subsequent price adjustments shall be determined using the latest
Wage Estimates that were used to support the previous price adjustment and the latest available
Wage Estimates at the time of the request.
When requesting a price increase, the Contractor shall submit a written justification to the
Department's Contract Manager detailing the reason(s) for the request; an increase in the Wage
Estimates is not sufficient justification for a price increase by itself. Price increases shall not
exceed the percent change in Wage Estimates or three percent (3%), whichever is less. The
percent change in Wage Estimates shall be calculated using the following formula:
_(B_-_A_) = z
A
Where:
A= Wage Estimate at the time the renewal term began or previous price adjustment
B = Wage Estimate at the time of price adjustment request
Z = percent change in Wage Estimate
The percent change in Wage Estimate shall be individually calculated and applied to "Pay Rate,
Entry" and "Pay Rate -Experience" for each Job Title. "Bill Rate, Entry" and "Bill Rate,
Experienced" for each Job Title will be adjusted by applying the Mark-Up Rate to the adjusted
"Pay Rate, Entry" and "Pay Rate -Experience," respectively.
The Department reserves the exclusive right to approve or deny any price adjustment request.
Price adjustments will not be considered if the Contractor has any contractual non-performance
issues including, but not limited to, outstanding fees or monies due under this Contract or overdue
reports or documentation, including, but not limited to, a Quarterly Sales Report or an MFMP
Transaction Fee Report. Price adjustments are effective only upon written approval by the
Department and may not be applied retroactively. The Department reserves the right to request
price decreases at any time during the term of the Contract if it is found to be in the best interest
of the State. Price decreases issued by the Contractor are permissible at any time during the
initial and renewal terms.
19 Job Title Adjustments
The Contractor may add or remove Job Titles, subject to the approval of the Department.
Requests to add Job Titles must be supported by Customer needs, as demonstrated to and
verified by the Department. Added Job Titles must appear on the most recent Wage Estimates
published by DEO, which is available at https://floridajobs.org/workforce-statistics/data-center/
statistical-program sf occupational-employment-statistics-and-wages.
20 Job Title Classification
The Contractor will adhere to the description provided for each Job Title in Contract Exhibit C,
Job Title Descriptions.
Page 11 of 15
(' 21 Job Title Misclassification
If the Contractor, Subcontractor, or Contingent Staff is requested to act in a manner that will result
in a misclassification of a position or a misapplication of a Pay Rate or Bill Rate to a position other
than that established on the submitted Cost Proposal, the Contractor will immediately (within one
(1) Business Day) report the details of the event to the Department's Contract Manager in writing.
The Contractor, Subcontractor, and Contingent Staff will take no further action on the request until
they receive written instructions from the Department's Contract Manager.
22 Minimum Wage, and Mandatory Health and Welfare Benefits
The Contractor must meet all federal, State, and local requirements regarding minimum wage,
and any mandatory health and welfare benefits. Pay Rates and Mark-up Rates will be adjusted in
accordance with federal, state, and local requirements for minimum wage, living wage, and
mandatory health and welfare benefit adjustments. The Contractor must submit to the
Department's Contract Manager detailed and sufficient documentation, including proof of
changes, in support of requests to adjust the Pay Rate or Mark-Up Rate, in accordance with these
federal, state, and local requirements.
23 Service Level Agreements and Financial Consequences
The deliverables and associated performance standards for the Contract are outlined in the table
below. Financial consequences will apply when the Contractor fails to meet the performance
standards of the Contract deliverables, in accordance with section 287.058, F.S.
The State reserves the right to withhold payment or implement other appropriate remedies, such
as Contract termination or nonrenewal, when the Contractor has failed to comply with these
provisions of the Contract. The Contractor and the Department agree that these financial
consequences for non-performance are an estimate of damages which are difficult to ascertain
and are not penalties.
1
2
23.1 Financial consequences will be assessed for each individual failure and will apply
to each target period beginning with the first full month or quarter of the
Contractor's performance, as applicable, and each and every month or quarter
thereafter.
Quarterly Sales
Report
Service Level
Agreement
Report
Submitted timely with the
required information, in
accordance with Section
23.1
Submitted timely with the
required information, in
accordance with Section
23.2
On or before the 3oth
calendar day after
the close of the
State's fiscal quarter
On or before the 15th
calendar day after
the close of each
month
Page 12of15
$250 per calendar
day late
$250 per calendar
day late
3
4
5
Submitted timely, in
accordance with Section On or before the 15th MFMP 23.3, Rule 60A-1.031 (2), calendar day after $100 per calendar Transaction Fee F.A.C., and paragraph 3.7
Reports of Contract Exhibit B, the close of each day late
Special Contract month
Conditions
98% uptime and network $500 per
availability (number of percentage point
rounded to the next
Access to the hours MS was available+ whole percentage number of hours expected Management availability, excluding Calculated monthly point (with fractions
System (MS) scheduled downtimes), in rounded down to the
accordance with Section next whole point)
4.1 per month the metric
is not met
Maximum turnover rate of
8% (number of position
turnovers due to
Staff inadequate performance, $500 per month the as determined by the Calculated monthly Performance Customers+ total number metric is not met
of positions filled), in
accordance with Section
3.1
23.2 All financial consequences shall be paid via check or money order in U.S. Dollars,
made out to the Department of Management Services, within thirty (30) calendar
days after the required performance due date indicated in the table above.
Additional Customer-specific financial consequences may be set forth in the
Customer's contract or purchase order. The Customer may collect financial
consequences by reducing payments to the Contractor or by requiring payment
via check or money order in U.S. Dollars, made out to the Customer, within thirty
(30) calendar days afterthe Contractor's failure to perform or comply.
24 Reporting Requirements
The Contractor shall report information on orders received from Customers under the Contract
The Contractor shall submit the following reports to the Department's Contract Manager:
24.1 Quarterly Sales Report-The Contractor shall submit a Quarterly Sales Report
electronically, in the required format, to the Department's Contract Manager within
thirty (30) calendar days after the close of each State Fiscal Quarter, as listed
below. Initiation and submission of the Quarterly Sales Report is the responsibility
of the Contractor, without prompting or notification by the Department. Sales will
be reviewed on a quarterly basis. If no sales are recorded in two (2) consecutive
Contract quarters, the Contractor may be placed in probationary status or the
Department may terminate the Contract.
Quarter 1 (July-Sept.)-due 30 calendar days after the close of the quarter
Quarter 2 (Oct.-Dec.)-due 30 calendar days after the close of the quarter
Page 13of15
(~' Quarter 3 (Jan.-March)-due 30 calendar days after the close of the quarter
Quarter 4 (April-June) -due 30 calendar days after the close of the quarter
24.2 Service Level Agreement Report-The performance metrics for deliverables set
forth in Section 22, Service Level Agreements and Financial Consequences,
above, shall constitute the Service Level Agreements for this Contract. The
Contractor shall provide a report on Deliverable Nos. 4 and 5 to the Department
no later than fifteen (15) calendar days following the close of each month.
Notwithstanding the information provided in the Contractor's Service Level
Agreement Report, the Department reserves the right to assess the applicable
financial consequence when, in the Department's sole discretion, the Contactor
has failed to meet the performance metric for a deliverable.
24.3 MFMP Transaction Fee Report -The Contractor shall submit monthly MFMP
Transaction Fee Reports in the Department's electronic format. Reports are due
fifteen (15) calendar days after the end of each calendar month. For information
on how to submit MFMP Transaction Fee Reports online, please reference the
detailed fee reporting instructions and vendor training presentations available
online at https://www.dms.myflorida.com/business operations/state purchasing/
myfloridamarketplace/mfmp vendors/transaction fee and reporting and https://
www.dms.myflorida.com/business operations/state purchasing/myfloridamarket
place/mfmp vendors/training for vendors. Assistance with MFMP Transaction
Fee Reports is also available from the MFMP Customer Service Desk by email at
feeprocessing@myfloridamarketplace.com or telephone at 866-FLA-EPRO (866-
352-3776) from 8:00 a.m. to 6:00 p.m. ET.
24.4 Diversity Report -The Contractor shall report to each Customer, ten (10)
Business Days after the end of the State's fiscal year, the spend with certified and
other minority business enterprises. These reports shall include the period
covered, the name, minority code, and Federal Employer Identification Number of
each minority business utilized during the period; commodities and services
provided by the minority business enterprise; and the amount paid to each minority
business on behalf of each Customer ordering under the terms of this Contract.
24.5 Ad-Hoc Reports-The Department and Customers reserve the right to require ad
hoc reports or additional sales information pertaining to this Contract and any
resulting purchase orders or contracts with Customers at no additional cost to the
Department or Customers. The Contractor must submit a report or information
within five (5) business days after receipt of a Department or Customer request,
unless otherwise approved by the Department or Customer.
25 Contractor Warranty
Should any defect or deficiency in any deliverable, or the remedy of such defect or deficiency,
cause incorrect data to be introduced into any Customer's database or cause data to be lost,
the Contractor shall correct and reconstruct, within the timeframe established by the Customer,
all production, test, acceptance, and training files or databases affected at no additional cost to
the Customer.
26 Routine Communications
Page 14of15
(~~, All routine communications related to the Contract shall be sent to the Department's Contract
Manager. If any of the Contractor's contact information changes during the life of the Contrac~
the Contractor shall notify the Department's Contract Manager; such updates do not necessitate
a formal amendment to the Contract. Communications relating to a Customer contract or
purchase order should be addressed to the contact person identified in the contract or purchase
order. Routine communications may be by email, regular mail, or telephone.
(
27 Business Review Meetings
Each Contract quarter, the Department may request, and the Contractor shall provide, a business
review meeting pertaining to the services provided under the Contract. The business review
meeting may include, but is not limited to, the following:
• Successful completion of deliverables;
• Review of the Contractor's performance;
• Review of minim um required reports;
• Any elevated Customer issues; and
• Review of continuous improvement ideas that may help lower total costs or improve business
efficiencies.
28 Contract Transition
Upon the expiration or termination of the Contract, the Contractor shall ensure a seamless transfer
of Contract responsibilities to the Department or any subsequent vendor(s) as necessary to
transition the services provided under the Contract. The Contractor agrees to cooperate with the
Department and any subsequent vendor(s) to coordinate the transition, including, but not limited
to, attending meetings and furnishing necessary information. The Contractor shall assume all
expenses related to its obligations to assist in the Contract transition.
29 Request for Quote(s) (RFQ) Requirement
29.1 Customers needing temporary staffing services will issue a detailed RFQ that
includes a term, service levels, educational qualifications and experience needed,
each time they desire to solicit temporary staffing services.
29.2 The Customer shall send the RFQ to both Vendors, as required by section
287.056(2), F.S.
29.3 The specific format of the RFQ is left to the discretion of the Customer's
Contracting Officer. Pursuant to section 287.056(2), F.S., RFQs performed within
the scope of this Contract are not independent competitive solicitations and are
not subject to the notice or challenge provisions of section 120.57(3), F.S.
Page 15 of 15
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Contract Exhibit B
SPECIAL CONTRACT CONDITIONS
JULY 1, 2019 VERSION
Table of Contents
SECTION 1. DEFINITION ........................................................................................................................... 2
SECTION 2. CONTRACT TERM AND TERMINATION ................................................................................. 2
SECTION 3. PAYMENT AND FEES ............................................................................................................. 3
SECTION 4. CONTRACT MANAGEMENT .................................................................................................. 4
SECTION 5. COMPLIANCE WITH LAWS .................................................................................................... 6
SECTION 6. MISCELLANEOUS .................................................................................................................. 7
SECTION 7. LIABILITY AND INSURANCE ........................................................................................................... 9
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL
PROPERTY .............................................................................................................................................. 10
SECTION 9. DATA SECURITY .................................................................................................................. 12
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS .......................................................... 13
SECTION 11. CONTRACT MONITORING ................................................................................................ 14
SECTION 12. CONTRACT AUDITS ........................................................................................................... 15
SECTION 13. BACKGROUND SCREENING AND SECURITY ...................................................................... 16
SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM .................................................... 17
In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included
herein by reference but is superseded in its entirety by these Special
Contract Conditions.
SP approved version 7-1-2019 1
(;
L/
SECTION 1. DEFINITION.
The following definition applies in addition to the definitions in Chapter 287, Florida
Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.):
1.1 Customer.
The agency or eligible user that purchases commodities or contractual services pursuant
to the Contract.
SECTION 2. CONTRACT TERM AND TERMINATION.
2.1 Initial Term.
The initial term will begin on the date set forth in the Contract documents or on the date
the Contract is signed by all Parties, whichever is later.
2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in
whole or in part only as set forth in the Contract documents, and in accordance with
section 287.057(13), F.S.
2.3 Suspension of Work and Termination.
2.3.1 Suspension of Work.
The Department may, at its sole discretion, suspend any or all activities under the
Contract, at any time, when it is in the best interest of the State of Florida to do so. The
Customer may suspend a resulting contract or purchase order, at any time, when in the
best interest of the Customer to do so. The Department or Customer will provide the
Contractor written notice outlining the particulars of the suspension. After receiving a
suspension notice, the Contractor must comply with the notice and will cease the
performance of the Contract or purchase order. Suspension of work will not entitle the
Contractor to any additional compensation. The Contractor will not resume performance
of the Contract or purchase order until so authorized by the Department.
2.3.2 Termination for Convenience.
The Contract may be terminated by the Department in whole or in part at any time, in the
best interest of the State of Florida. If the Contract is terminated before performance is
completed, the Contractor will be paid only for that work satisfactorily performed for
which costs can be substantiated. Such payment, however, may not exceed an amount
which is the same percentage of the Contract price as the amount of work satisfactorily
performed. All work in progress will become the property of the Customer and will be
turned over promptly by the Contractor.
2.3.3 Termination for Cause.
If the performance of the Contractor is not in compliance with the Contract requirements
or the Contractor has defaulted, the Department may:
(a) immediately terminate the Contract;
(b) notify the Contractor of the noncompliance or default, require correction, and specify
the date by which the correction must be completed before the Contract is terminated; or
(c) take other action deemed appropriate by the Department.
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SECTION 3. PAYMENT AND FEES.
3.1 Pricing.
The Contractor will not exceed the pricing set forth in the Contract documents.
3.2 Price Decreases.
The following price decrease terms will apply to the Contract:
3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery
of large single orders;
3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this
Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing
offered under comparable contracts. Comparable contracts are those that are similar in
size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must
annually submit an affidavit from the Contractor's authorized representative attesting that
the Contract complies with this clause; and
3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, the Contractor may conduct sales
promotions involving price reductions for a specified lesser period. The Contractor must
submit documentation identifying the proposed: (1) starting and ending dates of the
promotion, (2) commodities or contractual services involved, and (3) promotional prices
compared to then-authorized prices.
3.3 Payment Invoicing.
The Contractor will be paid upon submission of invoices to the Customer after delivery
and acceptance of commodities or contractual services is confirmed by the Customer.
Invoices must contain sufficient detail for an audit and contain the Contract Number and
the Contractor's Federal Employer Identification Number.
3.4 Purchase Order.
A Customer may use purchase orders to buy commodities or contractual services
pursuant to the Contract and, if applicable, the Contractor must provide commodities or
contractual services pursuant to purchase orders. Purchase orders issued pursuant to
the Contract must be received by the Contractor no later than the close of business on
the last day of the Contract's term. The Contractor is required to accept timely purchase
orders specifying delivery schedules that extend beyond the Contract term even when
such extended delivery will occur after expiration of the Contract. Purchase orders shall
be valid through their specified term and performance by the Contractor, and all terms
and conditions of the Contract shall survive the termination or expiration of the Contract
and apply to the Contractor's performance. The duration of purchase orders for recurring
deliverables shall not exceed the expiration of the Contract by more than twelve months.
Any purchase order terms and conditions conflicting with these Special Contract
Conditions shall not become a part of the Contract.
3.5 Travel.
Travel expenses are not reimbursable unless specifically authorized by the Customer in
writing and may be reimbursed only in accordance with section 112.061, F.S.
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3.6 Annual Appropriation.
Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an
agency for the purchase of services or tangible personal property for a period in excess
of one fiscal year, the State of Florida's performance and obligation to pay under the
Contract is contingent upon an annual appropriation by the Legislature.
3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), F.S. All payments issued by Customers to registered Vendors for
purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law.
Vendors must pay the Transaction Fees and agree to automatic deduction of the
Transaction Fees when automatic deduction becomes available. Vendors will submit any
monthly reports required pursuant to the rule. All such reports and payments will be
subject to audit. Failure to comply with the payment of the Transaction Fees or reporting
of transactions will constitute grounds for declaring the Vendor in default and subject the
Vendor to exclusion from business with the State of Florida.
3.8 Taxes.
Taxes, customs, and tariffs on commodities or contractual services purchased under the
Contract will not be assessed against the Customer or Department unless authorized by
Florida law.
3.9 Return of Funds.
Contractor will return any overpayments due to unearned funds or funds disallowed
pursuant to the terms of the Contract that were disbursed to the Contractor. The
Contractor must return any overpayment within forty (40) calendar days after either
discovery by the Contractor, its independent auditor, or notification by the Department or
Customer of the overpayment.
SECTION 4. CONTRACT MANAGEMENT.
4.1 Composition and Priority.
The Contractor agrees to provide commodities or contractual services to the Customer
as specified in the Contract. Additionally, the terms of the Contract supersede the terms
of all prior agreements between the Parties on this subject matter.
4.2 Notices.
All notices required under the Contract must be delivered to the designated Contract
Manager in a manner identified by the Department.
4.3 Department's Contract Manager.
The Department's Contract Manager, who is primarily responsible for the Department's
oversight of the Contract, will be identified in a separate writing to the Contractor upon
Contract signing in the following format:
Department's Contract Manager Name
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Department's Name
Department's Physical Address
Department's Telephone#
Department's Email Address
If the Department changes the Contract Manager, the Department will notify the
Contractor. Such a change does not require an amendment to the Contract.
4.4 Contractor's Contract Manager.
The Contractor's Contract Manager, who is primarily responsible for the Contractor's
oversight of the Contract performance, will be identified in a separate writing to the
Department upon Contract signing in the following format:
Contractor's Contract Manager Name
Contractor's Name
Contractor's Physical Address
Contractor's Telephone#
Contractor's Email Address
If the Contractor changes its Contract Manager, the Contractor will notify the
Department. Such a change does not require an amendment to the Contract.
4.5 Diversity.
4.5.1 Office of Supplier Diversity.
The State of Florida supports its diverse business community by creating opportunities
for woman-, veteran-, and minority-owned small business enterprises to participate in
procurements and contracts. The Department encourages supplier diversity through
certification of woman-, veteran-, and minority-owned small business enterprises and
provides advocacy, outreach, and networking through regional business events. For
additional information, please contact the Office of Supplier Diversity (OSD) at
osdinfo@dms.myflorida.com.
4.5.2 Diversity Reporting.
Upon request, the Contractor will report to the Department its spend with business
enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise
utilized during the period, commodities and contractual services provided by the
business enterprise, and the amount paid to the business enterprise on behalf of each
agency purchasing under the Contract.
4.6 RESPECT.
Subject to the agency determination provided for in section 413.036, F.S., the following
statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE
SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413,
FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME
PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES;
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AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER
BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL
BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS
DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.
Additional information about RESPECT and the commodities or contractual services it
offers is available at https://www.respectofflorida.org.
4.7 PRIDE.
Subject to the agency determination provided for in sections 287.042(1) and 946.515,
F.S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S.,
IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN
SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE
PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS
OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
Additional information about PRIDE and the commodities or contractual services it offers
is available at https://www.oride-enterprises.org.
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of
federal, state, and local agencies having jurisdiction and authority. For example, the
Contractor must comply with section 274A of the Immigration and Nationality Act, the
Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if
applicable, and all prohibitions against discrimination on the basis of race, religion, sex,
creed, national origin, handicap, marital status, or veteran's status. The provisions of
subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference.
5.2 Dispute Resolution, Governing Law, and Venue.
Any dispute concerning performance of the Contract shall be decided by the
Department's designated Contract Manager, who will reduce the decision to writing and
serve a copy on the Contractor. The decision of the Contract Manager shall be final and
conclusive. Exhaustion of this administrative remedy is an absolute condition precedent
to the Contractor's ability to pursue legal action related to the Contract or any other form
of dispute resolution. The laws of the State of Florida govern the Contract. The Parties
submit to the jurisdiction of the courts of the State of Florida exclusively for any legal
action related to the Contract. Further, the Contractor hereby waives all privileges and
rights relating to venue it may have under Chapter 47, F.S., and all such venue
privileges and rights it may have under any other statute, rule, or case law, including, but
not limited to, those based on convenience. The Contractor hereby submits to venue in
the county chosen by the Department.
5.3 Department of State Registration.
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Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert
status, other than a sole proprietor, must provide the Department with conclusive
evidence of a certificate of status, not subject to qualification, if a Florida business entity,
or of a certificate of authorization if a foreign business entity.
5.4 Suspended, Convicted, and Discriminatory Vendor Lists.
In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate
who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor
List may not perform work as a contractor, supplier, subcontractor, or consultant under
the Contract. The Contractor must notify the Department if it or any of its suppliers,
subcontractors, or consultants have been placed on the Suspended Vendor List,
Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract.
5.5 Scrutinized Companies -Termination by the Department.
The Department may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its
duty to cooperate with the Inspector General in any investigation, audit, inspection,
review, or hearing. Upon request of the Inspector General or any other authorized State
official, the Contractor must provide any information the Inspector General deems
relevant to the Contractor's integrity or responsibility. Such information may include, but
will not be limited to, the Contractor's business or financial records, documents, or files
of any type or form that refer to or relate to the Contract. The Contractor will retain such
records for the longer of five years after the expiration of the Contract, or the period
required by the General Records Schedules maintained by the Florida Department of
State, at the Department of State's Records Management website. The Contractor
agrees to reimburse the State of Florida for the reasonable costs of investigation
incurred by the Inspector General or other authorized State of Florida official for
investigations of the Contractor's compliance with the terms of this or any other
agreement between the Contractor and the State of Florida which results in the
suspension or debarment of the Contractor. Such costs will include but will not be limited
to: salaries of investigators, including overtime; travel and lodging expenses; and expert
witness and documentary fees. The Contractor agrees to impose the same obligations to
cooperate with the Inspector General and retain records on any subcontractors used to
provide goods or services under the Contract.
SECTION 6. MISCELLANEOUS.
6.1 Subcontractors.
The Contractor will not subcontract any work under the Contract without prior written
consent of the Department. The Contractor is fully responsible for satisfactory
completion of all its subcontracted work. The Department supports diversity in its
procurements and contracts, and requests that the Contractor offer subcontracting
opportunities to certified woman-, veteran-, and minority-owned small businesses. The
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Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on
certified small business enterprises available for subcontracting opportunities.
6.2 Assignment.
The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations
under the Contract without the prior written consent of the Department. However, the
Contractor may waive its right to receive payment and assign same upon notice to the
Department. In the event of any assignment, the Contractor remains responsible for
performance of the Contract, unless such responsibility is expressly waived by the
Department. The Department may assign the Contract with prior written notice to the
Contractor.
6.3 Independent Contractor.
The Contractor and its employees, agents, representatives, and subcontractors are
independent contractors and not employees or agents of the State of Florida and are not
entitled to State of Florida benefits. The Department and Customer will not be bound by
any acts or conduct of the Contractor or its employees, agents, representatives, or
subcontractors. The Contractor agrees to include this provision in all its subcontracts
under the Contract.
6.4 Inspection and Acceptance of Commodities.
6.4.1 Risk of Loss.
Matters of inspection and acceptance are addressed in section 215.422, F.S. Until
acceptance, risk of loss or damage will remain with the Contractor. The Contractor will
be responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer will: record any evidence of visible
damage on all copies of the delivering carrier's bill of lading; report damages to the
carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of
lading and damage inspection report.
6.4.2 Rejected Commodities.
When a Customer rejects a commodity, Contractor will remove the commodity from the
premises within ten (10) calendar days after notification of rejection, and the risk of loss
will remain with the Contractor. Commodities not removed by the Contractor within ten
(10) calendar days will be deemed abandoned by the Contractor, and the Customer will
have the right to dispose of such commodities. Contractor will reimburse the Customer
for costs and expenses incurred in storing or effecting removal or disposition of rejected
commodities.
6.5 Safety Standards.
Performance of the Contract for all commodities or contractual services must comply
with requirements of the Occupational Safety and Health Act and other applicable State
of Florida and federal requirements.
6.6 Ombudsman.
A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this office are found in section 215.422, F.S., which include
disseminating information relative to prompt payment and assisting contractors in
receiving their payments in a timely manner from a Customer. The Vendor Ombudsman
may be contacted at (850) 413-5516.
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6.7 Time is of the Essence.
Time is of the essence regarding every obligation of the Contractor under the Contract.
Each obligation is deemed material, and a breach of any such obligation (including a
breach resulting from untimely performance) is a material breach.
6.8 Waiver.
The delay or failure by the Department or the Customer to exercise or enforce any rights
under the Contract will not constitute waiver of such rights.
6.9 Modification and Severability.
The Contract may only be modified by written agreement between the Department and
the Contractor. Should a court determine any provision of the Contract is invalid, the
remaining provisions will not be affected, and the rights and obligations of the Parties will
be construed and enforced as if the Contract did not contain the provision held invalid.
6.10 Cooperative Purchasing.
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
governmental entities that are not Customers may make purchases under the terms and
conditions contained herein, if agreed to by Contractor. Such purchases are independent
of the Contract between the Department and the Contractor, and the Department is not a
party to these transactions. Agencies seeking to make purchases under this Contract
are required to follow the requirements of Rule 60A-1.045(5), F.A.C.
SECTION 7. LIABILITY AND INSURANCE.
7.1 Workers' Compensation Insurance.
The Contractor shall maintain workers' compensation insurance as required under the
Florida Workers' Compensation Law or the workers' compensation law of another
jurisdiction where applicable. The Contractor must require all subcontractors to similarly
provide workers' compensation insurance for all of the latter's employees. In the event
work is being performed by the Contractor under the Contract and any class of
employees performing the work is not protected under Workers' Compensation statutes,
the Contractor must provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of employees not otherwise
protected.
7.2 General Liability Insurance.
The Contractor must secure and maintain Commercial General Liability Insurance,
including bodily injury, property damage, products, personal and advertising injury, and
completed operations. This insurance must provide coverage for all claims that may
arise from performance of the Contract or completed operations, whether by the
Contractor or anyone directly or indirectly employed by the Contractor. Such insurance
must include the State of Florida as an additional insured for the entire length of the
resulting contract. The Contractor is responsible for determining the minimum limits of
liability necessary to provide reasonable financial protections to the Contractor and the
State of Florida under the resulting contract.
7.3 Florida Authorized Insurers.
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All insurance shall be with insurers authorized and eligible to transact the applicable line
of insurance business in the State of Florida. The Contractor shall provide
Certification(s) of Insurance evidencing that all appropriate coverage is in place and
showing the Department to be an additional insured.
7.4 Performance Bond.
Unless otherwise prohibited by law, the Department may require the Contractor to
furnish, without additional cost to the Department, a performance bond or irrevocable
letter of credit or other form of security for the satisfactory performance of work
hereunder. The Department shall determine the type and amount of security.
7.5 Indemnification.
To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and
hold the Customer and the State of Florida, its officers, employees, and agents harmless
from all fines, claims, assessments, suits, judgments, or damages, including
consequential, special, indirect, and punitive damages, including court costs and
attorney's fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret, or intellectual property right or out of any acts, actions,
breaches, neglect, or omissions of the Contractor, its employees, agents,
subcontractors, assignees, or delegates related to the Contract, as well as for any
determination arising out of or related to the Contract that the Contractor or Contractor's
employees, agents, subcontractors, assignees, or delegates are not independent
contractors in relation to the Customer. The Contract does not constitute a waiver of
sovereign immunity or consent by the Customer or the State of Florida or its subdivisions
to suit by third parties. Without limiting this indemnification, the Customer may provide
the Contractor (1) written notice of any action or threatened action, (2) the opportunity to
take over and settle or defend any such action at Contractor's sole expense, and (3)
assistance in defending the action at Contractor's sole expense.
7.6 Limitation of Liability.
Unless otherwise. specifically enumerated in the Contract or in the purchase order,
neither the Department nor the Customer shall be liable for special, indirect, punitive, or
consequential damages, including lost data or records (unless the Contract or purchase
order requires the Contractor to back-up data or records), even if the Department or
Customer has been advised that such damages are possible. Neither the Department
nor the Customer shall be liable for lost profits, lost revenue, or lost institutional
operating savings. The Department or Customer may, in addition to other remedies
available to them at law or equity and upon notice to the Contractor, retain such monies
from amounts due Contractor as may be necessary to satisfy any claim for damages,
penalties, costs, and the like asserted by or against them. The State may set off any
liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT,
AND INTELLECTUAL PROPERTY.
8.1 Public Records.
8.1.1 Termination of Contract.
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The Department may terminate the Contract for refusal by the Contractor to comply with
this section by not allowing access to all public records, as defined in Chapter 119, F. S.,
made or received by the Contractor in conjunction with the Contract.
8.1.2 Statutory Notice.
Pursuant to section 119.0701 (2)(a), F.S., for contracts for services with a contractor
acting on behalf of a public agency, as defined in section 119.011 (2), F.S., the following
applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL
ADDRESS, AND MAILING ADDRESS PROVIDED IN THE
RESULTING CONTRACT OR PURCHASE ORDER.
Pursuant to section 119.0701 (2)(b), F.S., for contracts for services with a contractor
acting on behalf of a public agency as defined in section 119.011 (2), F.S., the Contractor
shall:
(a) Keep and maintain public records required by the public agency to perform the
service.
(b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law for the duration of the
Contract term and following the completion of the Contract if the Contractor does not
transfer the r~cords to the public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the Contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the Contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
8.2 Protection of Trade Secrets or Otherwise Confidential Information.
8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information.
If the Contractor considers any portion of materials to be trade secret under section
688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the
Contractor must clearly designate that portion of the materials as trade secret or
otherwise confidential when submitted to the Department. The Contractor will be
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(' responsible for responding to and resolving all claims for access to Contract-related
materials it has designated trade secret or otherwise confidential.
8.2.2 Public Records Requests.
If the Department receives a public records request for materials designated by the
Contractor as trade secret or otherwise confidential under Florida or federal law, the
Contractor will be responsible for taking the appropriate legal action in response to the
request. If the Contractor fails to take appropriate and timely action to protect the
materials designated as trade secret or otherwise confidential, the Department will
provide the materials to the requester.
8.2.3 Indemnification Related to Confidentiality of Materials.
The Contractor will protect, defend, indemnify, and hold harmless the Department for
claims, costs, fines, and attorney's fees arising from or relating to its designation of
materials as trade secret or otherwise confidential.
8.3 Document Management.
The Contractor must retain sufficient documentation to substantiate claims for payment
under the Contract and all other records, electronic files, papers, and documents that
were made in relation to this Contract. The Contractor must retain all documents related
to the Contract for five (5) years after expiration of the Contract or, if longer, the period
required by the General Records Schedules maintained by the Florida Department of
State available at the Department of State's Records Management website.
8.4 Intellectual Property.
8.4.1 Ownership.
Unless specifically addressed otherwise in the Contract, the State of Florida shall be the
owner of all intellectual property rights to all property created or developed in connection
with the Contract.
8.4.2 Patentable Inventions or Discoveries.
Any inventions or discoveries developed in the course, or as a result, of services in
connection with the Contract that are patentable pursuant to 35 U .S.C. § 101 are the
sole property of the State of Florida. Contractor must inform the Customer of any
inventions or discoveries developed or made through performance of the Contract, and
such inventions or discoveries will be referred to the Florida Department of State for a
determination on whether patent protection will be sought. The State of Florida will be
the sole owner of all patents resulting from any invention or discovery made through
performance of the Contract.
8.4.3 Copyrightable Works.
Contractor must notify the Department or State of Florida of any publications, artwork, or
other copyrightable works developed in connection with the Contract. All copyrights
created or developed through performance of the Contract are owned solely by the State
of Florida.
SECTION 9. DATA SECURITY.
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The Contractor will maintain the security of State of Florida data including, but not limited
to, maintaining a secure area around any displayed visible data and ensuring data is
stored and secured when not in use. The Contractor and subcontractors will not perform
any of the services from outside of the United States, and the Contractor will not allow
any State of Florida data to be sent by any medium, transmitted, or accessed outside the
United States due to Contractor's action or inaction. In the event of a security breach
involving State of Florida data, the Contractor shall give notice to the Customer and the
Department within one business day. "Security breach" for purposes of this section will
refer to a confirmed event that compromises the confidentiality, integrity, or availability of
data. Once a data breach has been contained, the Contractor must provide the
Department with a post-incident report documenting all containment, eradication, and
recovery measures taken. The Department reserves the right in its sole discretion to
enlist a third party to audit Contractor's findings and produce an independent report, and
the Contractor will fully cooperate with the third party. The Contractor will also comply
with all HIPAA requirements and any other state and federal rules and regulations
regarding security of information.
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS.
10.1 Gratuities.
The Contractor will not, in connection with this Contract, directly or indirectly (1) offer,
give, or agree to give anything of value to anyone as consideration for any State of
Florida officer's or employee's decision, opinion, recommendation, vote, other exercise
of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to
anyone anything of value for the benefit of, or at the direction or request of, any State of
Florida officer or employee.
10.2 Lobbying.
In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used
for the purpose of lobbying the Legislature, the judicial branch, or the Department.
Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from
lobbying the executive or legislative branch concerning the scope of services,
performance, term, or compensation regarding the Contract after the Contract is
executed and during the Contract term.
10.3 Communications.
10.3.1 Contractor Communication or Disclosure.
The Contractor shall not make any public statements, press releases, publicity releases,
or other similar communications concerning the Contract or its subject matter or
otherwise disclose or permit to be disclosed any of the data or other information
obtained or furnished in compliance with the Contract, without first notifying the
Customer's Contract Manager and securing the Customer's prior written consent.
10.3.2 Use of Customer Statements.
The Contractor shall not use any statement attributable to the Customer or its
employees for the Contractor's promotions, press releases, publicity releases,
marketing, corporate communications, or other similar communications, without first
notifying the Customer's Contract Manager and securing the Customer's prior written
consent.
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SECTION 11. CONTRACT MONITORING.
11.1 Performance Standards.
The Contractor agrees to perform all tasks and provide deliverables as set forth in the
Contract. The Department and the Customer will be entitled at all times, upon request, to
be advised as to the status of work being done by the Contractor and of the details
thereof.
11.2 Performance Deficiencies and Financial Consequences of Non-Performance.
11.2.1 Proposal of Corrective Action Plan.
In addition to the processes set forth in the Contract (e.g., service level agreements), if
the Department or Customer determines that there is a performance deficiency that
requires correction by the Contractor, then the Department or Customer will notify the
Contractor. The correction must be made within a time-frame specified by the
Department or Customer. The Contractor must provide the Department or Customer with
a corrective action plan describing how the Contractor will address all performance
deficiencies identified by the Department or Customer.
11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure.
If the corrective action plan is unacceptable to the Department or Customer, or
implementation of the plan fails to remedy the performance deficiencies, the Department
or Customer will retain ten percent (10%) of the total invoice amount. The retainage will
be withheld until the Contractor resolves the performance deficiencies. If the
performance deficiencies are resolved, the Contractor may invoice the Department or
Customer for the retained amount. If the Contractor fails to resolve the performance
deficiencies, the retained amount will be forfeited to compensate the Department or
Customer for the performance deficiencies.
11.3 Performance Delay.
11.3.1 Notification.
The Contractor will promptly notify the Department or Customer upon becoming aware
of any circumstances that may reasonably be expected to jeopardize the timely and
successful completion (or delivery) of any commodity or contractual service. The
Contractor will use commercially reasonable efforts to avoid or minimize any delays in
performance and will inform the Department or the Customer of the steps the Contractor
is taking or will take to do so, and the projected actual completion (or delivery) time. If
the Contractor believes a delay in performance by the Department or the Customer has
caused or will cause the Contractor to be unable to perform its obligations on time, the
Contractor will promptly so notify the Department and use commercially reasonable
efforts to perform its obligations on time notwithstanding the Department's delay.
11.3.2 Liquidated Damages.
The Contractor acknowledges that delayed performance will damage the
DepartmentCustomer, but by their nature such damages are difficult to ascertain.
Accordingly, the liquidated damages provisions stated in the Contract documents will
apply. Liquidated damages are not intended to be a penalty and are solely intended to
compensate for damages.
11.4 Force Majeure, Notice of Delay, and No Damages for Delay.
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(' The Contractor will not be responsible for delay resulting from its failure to perform if
neither the fault nor the negligence of the Contractor or its employees or agents
contributed to the delay, and the delay is due directly to fire, explosion, earthquake,
windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism,
civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly
beyond the Contractor's reasonable control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor.
The foregoing does not excuse delay which could have been avoided if the Contractor
implemented any risk mitigation required by the Contract. In case of any delay the
Contractor believes is excusable, the Contractor will notify the Department in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10)
calendar days after the cause that created or will create the delay first arose, if the
Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is
not reasonably foreseeable, within five (5) calendar days after the date the Contractor
first had reason to believe that a delay could result. The foregoing will constitute the
Contractor's sole remedy or excuse with respect to delay. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for
damages will be asserted by the Contractor. The Contractor will not be entitled to an
increase in the Contract price or payment of any kind from the Department for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay, disruption,
interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist the Contractor will perform at no increased cost, unless
the Department determines, in its sole discretion, that the delay will significantly impair
the value of the Contract to the State of Florida or to Customers, in which case the
Department may (1) accept allocated performance or deliveries from the Contractor,
provided that the Contractor grants preferential treatment to Customers and the
Department with respect to commodities or contractual services subjected to allocation,
or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the commodity or contractual
services that are the subject of the delay, which purchases may be deducted from the
Contract quantity, or (3) terminate the Contract in whole or in part.
SECTION 12. CONTRACT AUDITS.
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits
of the Contractor and subcontractors as determined by the Department. The Department
may conduct an audit and review all the Contractor's and subcontractors' data and
records that directly relate to the Contract. To the extent necessary to verify the
Contractor's fees and claims for payment under the Contract, the Contractor's
agreements or contracts with subcontractors, partners, or agents of the Contractor,
pertaining to the Contract, may be inspected by the Department upon fifteen (15)
calendar days' notice, during normal working hours and in accordance with the
Contractor's facility access procedures where facility access is required. Release
statements from its subcontractors, partners, or agents are not required for the
Department or its designee to conduct compliance and performance audits on any of the
Contractor's contracts relating to this Contract. The Inspector General, in accordance
with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor
General also have authority to perform audits and inspections.
SP approved version 7-1-2019 15
12.2 Payment Audit.
Records of costs incurred under terms of the Contract will be maintained in accordance
with section 8.3 of these Special Contract Conditions. Records of costs incurred will
include the Contractor's general accounting records, together with supporting documents
and records of the Contractor and all subcontractors performing work, and all other
records of the Contractor and subcontractors considered necessary by the Department,
the State of Florida's Chief Financial Officer, or the Office of the Auditor General.
SECTION 13. BACKGROUND SCREENING AND SECURITY.
13.1 Background Check.
The Department or Customer may require the Contractor to conduct background checks
of its employees, agents, representatives, and subcontractors as directed by the
Department or Customer. The cost of the background checks will be borne by the
Contractor. The Department or Customer may require the Contractor to exclude the
Contractor's employees, agents, representatives, or subcontractors based on the
background check results. In addition, the Contractor must ensure that all persons have
a responsibility to self-report to the Contractor within three (3) calendar days any arrest
for any disqualifying offense. The Contractor must notify the Contract Manager within
twenty-four (24) hours of all details concerning any reported arrest. Upon the request of
the Department or Customer, the Contractor will re-screen any of its employees, agents,
representatives, and subcontractors during the term of the Contract.
13.2 E-Verify.
The Contractor must use the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired during the term of the
Contract for the services specified in the Contract. The Contractor must also include a
requirement in subcontracts that the subcontractor must utilize the E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during
the Contract term. In order to implement this provision, the Contractor must provide a
copy of its OHS Memorandum of Understanding (MOU) to the Contract Manager within
five (5) calendar days of Contract execution. If the Contractor is not enrolled in OHS E-
Verify System, it will do so within five (5) calendar days of notice of Contract award and
provide the Contract Manager a copy of its MOU within five (5) calendar days of
Contract exec;;ution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each
Contractor or subcontractor new hire, the Contractor must provide a statement within
five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify
case number.
13.3 Disqualifying Offenses.
If at any time it is determined that a person has been found guilty of a misdemeanor or
felony offense as a result of a trial or has entered a plea of guilty or nolo contendere,
regardless of whether adjudication was withheld, within the last six (6) years from the
date of the court's determination for the crimes listed below, or their equivalent in any
jurisdiction, the Contractor is required to immediately remove that person from any
position with access to State of Florida data or directly performing services under the
Contract. The disqualifying offenses are as follows:
(a) Computer related crimes;
(b) Information technology crimes;
SP approved version 7-1-2019 16
(c) Fraudulent practices;
(d) False pretenses;
(e) Frauds;
(f) Credit card crimes;
(g) Forgery;
(h) Counterfeiting;
(i) Violations involving checks or drafts;
U) Misuse of medical or personnel records; and
(k) Felony theft.
13.4 Confidentiality.
The Contractor must maintain confidentiality of all confidential data, files, and records
related to the commodities or contractual services provided pursuant to the Contract and
must comply with all state and federal laws, including, but not limited to sections
381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures
must be consistent with the most recent version of the Department security policies,
protocols, and procedures. The Contractor must also comply with any applicable
professional standards with respect to confidentiality of information.
SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM.
The Contractor warrants that, to the best of its knowledge, there is no pending or
threatened action, proceeding, or investigation, or any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its
Contract obligations. The Contractor warrants that neither it nor any affiliate is currently
on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List,
or on any similar list maintained by any other state or the federal government. The
Contractor shall immediately notify the Department in writing if its ability to perform is
compromised in any manner during the term of the Contract.
SP approved version 7-1-2019 17
Department of
MANAGEMENT
SERVICES
~We serve those who serve Florida
CONTRACT EXHIBIT F
ADDITIONAL SPECIAL CONTRACT CONDITIONS
The sections of the Special Contract Conditions referenced below are replaced in their
entirety as follows:
5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements
that are applicable to the conduct of its business, including those of federal, state, and local
agencies having jurisdiction and authority. For example, the Contractor must comply with section
274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance
Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the
basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status.
The provisions of subparagraphs 287.058(1 )(a)-(c) and (g), F.S., are hereby incorporated by
reference.
Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing
information relevant to performance of the Contract or purchase order to members or staff of the
Florida Senate or Florida House of Representatives.
Pursuant to section 287.057(26), F.S., the Contractor shall ensure a representative will be
available to team members of the continuing oversight team.
5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists.
In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby
informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For
purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the
Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a
contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify
the Department if it or any of its suppliers, subcontractors, or consultants have been placed on
the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List
during the term of the Contract.
In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may
not enter into or renew a contract to provide any goods or services to an agency after its
placement on the Suspended Vendor List.
A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the
Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List
pursuant to section 287.137, F.S., orthe Discriminatory Vendor List pursuant to section 287.134,
F.S., is immediately disqualified from Contract eligibility.
1
(~,
. 5.7 Cooperation with Inspector General and Records Retention.
(~)
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to
cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing.
Upon request of the Inspector General or any other authorized State official, the Contractor must
provide any information the Inspector General deems relevant. Such information may include, but
will not be limited to, the Contractor's business or financial records, documents, or files of any
type or form that ref er to or relate to the Contract. The Contractor will retain such records for the
longer of five years after the expiration or termination of the Contract, or the period required by
the General Records Schedules maintained by the Florida Department of State, at the
Department of State's Records Management website. The Contractor agrees to reimburse the
State of Florida for the reasonable costs of investigation incurred by the Inspector General or
other authorized State of Florida official for investigations of the Contractor's compliance with the
terms of this or any other agreement between the Contractor and the State of Florida which results
in the suspension or debarment of the Contractor. Such costs will include but will not be limited
to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness
and documentary fees. The Contractor agrees to impose the same obligations to cooperate with
the Inspector General and retain records on any subcontractors used to provide goods or services
under the Contract.
8.1.1 Termination of Contract.
The Department may terminate the Contract for refusal by the Contractor to comply with this
section by not allowing access to all public records, as defined in Chapter 119, F. S., made or
received by the Contractor in conjunction with the Contract unless the records are exempt from
s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S.
8.1.2 Statutory Notice.
Pursuant to section 119.0701 (2)(a), F.S., for contracts for services with a contractor acting on
behalf of a public agency, as defined in section 119.011(2), F.S., the following applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTYTO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE DEPARTMENT'S CONTRACT
MANAGER LISTED IN SECTION 4.3 OF THE SPECIAL CONTRACT
CONDITIONS.
Pursuant to section 119.0701 (2)(b), F.S., for contracts for services with a contractor acting on
behalf of a public agency as defined in section 119.011 (2), F.S., the Contractor shall:
(a) Keep and maintain public records required by the public agency to perform the service.
(b) Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure are not disclosed except as authorized by law for the duration of the Contract term and
Additional Special Contract Conditions 2
(~\ following the completion of the Contract if the Contractor does not transfer the records to the
public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records
in possession of the Contractor or keep and maintain public records required by the public agency
to perform the service. If the Contractor transfers all public records to the public agency upon
completion of the Contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the Contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public records,
in a format that is compatible with the information technology systems of the public agency.
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits of the
Contractor and subcontractors as determined by the Department. The Department may conduct
an audit and review all the Contractor's and subcontractors' data and records that directly relate
to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment
under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or
agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon
fifteen (15) calendar days' notice, during normal working hours and in accordance with the
Contractor's facility access procedures where facility access is required. Release statements from
its subcontractors, partners, or agents are not required for the Department or its designee to
conduct compliance and performance audits on any of the Contractor's contracts relating to this
Contract. The Inspector General, the State of Florida's Chief Financial Officer, and the Office of
the Auditor General shall also have authority to perform audits and inspections.
12.3 Document Inspection.
In accordance with section 216.1366, F.S., the Department is authorized to inspect the: (a)
financial records, papers, and documents of the Contractor that are directly related to the
performance of the Contract or the expenditure of state funds; and (b) programmatic records,
papers, and documents of the Contractor which the Department determines are necessary to
monitor the performance of the Contract or to ensure that the terms of the Contract are being met
The Contractor shall provide such records, papers, and documents requested by the Department
within 10 Business Days after the request is made.
13.2 E-Verify.
The Contractor and its subcontractors have an obligation to utilize the U.S. Department of
Homeland Security's (OHS) E-Verify system for all newly hired employees in accordance with
section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered with,
and uses, the E-Verify system for all newly hired employees in accordance with section 448.095,
F.S. The Contractor must obtain an affidavitfrom its subcontractors in accordance with paragraph
(2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the
Contract. The Contractor shall provide a copy of its OHS Memorandum of Understanding (MOU)
to the Department's Contract Manager within five days of Contract execution.
This section serves as notice to the Contractor regarding the requirements of section 448.095,
F .S., specifically sub-paragraph (2)( c )1, and the Department's obligation to terminate the Contract
if it has a good faith belief that the Contractor has knowingly violated section 448.09(1 ), F.S. If
terminated for such reason, the Contractor will not be eligible for award of a public contract for at
least one year after the date of such termination. The Department will promptly notify the
Additional Special Contract Conditions 3
(~' Contractor and order the immediate termination of the contract between the Contractor and a
subcontractor performing work on its behalf for this Contract should the Department have a good
faith belief that the subcontractor has knowingly violated section 448.09(1 ), F.S.
Additional Special Contract Conditions 4
r \, 13-2011 11-3010 25-3011 23-1022 25-4011 19-2021 43-3031 13-2031 25-1194 41-2011 Administrative Administrative Administrative Administrative Administrative Administrative Administrative Administrative Administrative Administrative (\ \.'-.__,/) Accountants and Auditors Administrative Services and Facilities Managers Adult Basic Education, Adult Secondary Education, and English as a Second Language Instructors Arbitrators, Mediators, and Conciliators Archivists Atmospheric and Space Scientists Bookkeeping, Accounting, and Auditing Clerks Budget Analysts Career/Technical Education Teachers, Postsecondary Cashiers ~ Examine, analyze, and interpret accounting records for the purpose of giving advice or preparing statements. Install or advise on systems of recording costs or other financial and budgetary data. Plan, direct, or coordinate supportive services of an organization, such as recordkeeping, mail distribution, telephone operator/receptionist, and other office support services. May oversee facilities planning and maintenance and custodial operations. Teach or instruct out-of-school youths and adults in remedial education classes, preparatory classes for the General Educational Development test, literacy, or English as a Second Language. Teaching may or may not take place in a traditional educational institution. Facilitate negotiation and conflict resolution through dialogue. Resolve conflicts outside of the court system by mutual consent of parties involved. Appraise, edit, and direct safekeeping of permanent records and historically valuable documents. Participate in research activities based on archival materials. Investigate atmospheric phenomena and interpret meteorological data gathered by surface and air stations, satellites, and radar to prepare reports and forecasts for public and other uses. Include weather analysts and forecasters whose functions require the detailed knowledge of a meteorologist. Compute, classify, and record numerical data to keep financial records complete. Perform any combination of routine calculating, posting, and verifying duties to obtain primary financial data for use in maintaining accounting records. May also check the accuracy of figures, calculations, and postings pertaining to business transactions recorded by other workers. Examine budget estimates for completeness, accuracy, and conformance with procedures and regulations. Analyze budgeting and accounting reports for the purpose of maintaining expenditure controls. Teach or instruct vocational or occupational subjects at the postsecondary level (but at less than the baccalaureate) to students who have graduated or left high school. Include correspondence school instructors; industrial, commercial and government training instructors; and adult education teachers and instructors who prepare persons to operate industrial machinery and equipment and transportation and communications equipment. Teaching may take place in public or private schools whose primary business is education or in a school associated with an organization whose primary business is other than education. Receive and disburse money in establishments other than financial institutions. Usually involves use of electronic scanners, cash registers, or related equipment. Often involved in processing credit or debit card transactions and validating checks. Administrative Page 1
. (' \ 19-2031 Administrative 13-1031 I Administrative 21-1099 Administrative 13-1141 Administrative 13-1041 Administrative 15-1299 Administrative 21-1019 Administrative 25-4012 Administrative 43-4051 Administrative 43-9021 Administrative 15-1245 Administrative 25-9099 Administrative 43-6011 Administrative 43-4071 Administrative 13-2098 Administrative Chemists /'\ I "-.. __/ Claims Adjusters, Examiners, and Investigators Community and Social Service Specialists, All Other Compensation, Benefits, and Job Analysis Specialists Compliance Officers Computer Occupations, All Other Counselors, All Other Curators Customer Service Representatives Data Entry Keyers Database Administrators and Architects Educational Instruction and Library Workers, All Other ~ Conduct qualitative and quantitative chemical analyses or chemical experiments in laboratories for quality or process control or to develop new products or knowledge. Review settled claims to determine that payments and settlements have been made in accordance with company practices and procedures, ensuring that proper methods have been followed. Report overpayments, underpayments, and other irregularities. Confer with legal counsel on claims requiring litigation. All community and social service specialists not listed separately. Plan, direct, or coordinate compensation and benefits activities and staff of an organization. Include job analysis and position description managers. Examine, evaluate, and investigate eligibility for or conformity with laws and regulations governing contract compliance of licenses and permits, and other compliance and enforcement inspection activities not classified elsewhere. All computer occupations not listed separately. All counselors not listed separately. Administer affairs of museum and conduct research programs. Direct instructional, research, and public service activities of institution. Interact with customers to provide information in response to inquiries about products and services and to handle and resolve complaints. Operate data entry device, such as keyboard or photo composing perforator. Duties may include verifying data and preparing materials for printing. Coordinate changes to computer databases, test and implement the database applying knowledge of database management systems. May plan, coordinate, and implement security measures to safeguard computer databases. All education, training, and library workers not listed separately. Provide high-level administrative support by conducting research, preparing statistical reports, Executive Secretaries and Executive Administrative Assistants I handling information requests, and performing clerical functions such as preparing correspondence, receiving visitors, arranging conference calls, and scheduling meetings. May also File Clerks train and supervise lower-level clerical staff. File correspondence, cards, invoices, receipts, and other records in alphabetical or numerical order or according to the filing system used. Locate and remove material from file when requested. Financial and Investment Analysts, Financial Risk Specialists, IAll financial specialists not listed separately. and Financial Specialists, All Other Administrative Page 2
( 27-1024 Administrative 43-4161 I Administrative 11-3121 Administrative 13-1071 Administrative 43-4199 Administrative 27-3091 Administrative 13-1075 Administrative 53-7062 Administrative 43-6012 Administrative 23-2099 Administrative 25-4022 Administrative ,r-'\ ' "--j Graphic Designers ~ Design or create graphics to meet specific commercial or promotional needs, such as packaging, displays, or logos. May use a variety of mediums to achieve artistic or decorative effects. Compile and keep personnel records. Record data for each employee, such as address, weekly earnings, absences, amount of sales or production, supervisory reports on ability, and date of and Human Resources Assistants, Except Payroll and Timekeeping I reason for termination. Compile and type reports from employment records. File employment records. Search employee files and furnish information to authorized persons. Human Resources Managers Human Resources Specialists Information and Record Clerks, All Other Interpreters and Translators Labor Relations Specialists Laborers and Freight, Stock, and Material Movers, Hand Legal Secretaries and Administrative Assistants Legal Support Workers, All Other Librarians and Media Collections Specialists Plan, direct, or coordinate human resources activities and staff of an organization. Recruit, screen, interview, or place individuals within an organization. May perform other activities in multiple human resources areas. All information and record clerks not listed separately. Interpret oral or sign language, or translate written text from one language into another. Resolve disputes between workers and managers, negotiate collective bargaining agreements, or coordinate grievance procedures to handle employee complaints. Manually move freight, stock, or other materials or perform other unskilled general labor. Include all unskilled manual laborers not elsewhere classified. Perform secretarial duties utilizing legal terminology, procedures, and documents. Prepare legal papers and correspondence, such as summonses, complaints, motions, and subpoenas. May also assist with legal research. All legal support workers not listed separately. Administer and maintain libraries or collections of information, for public or private access through reference or borrowing. Work in a variety of settings, such as educational institutions, museums, and corporations, and with various types of informational materials, such as books, periodicals, recordings, films, and databases. Tasks may include acquiring, cataloging, and circulating library materials, and user services such as locating and organizing information, providing instruction on how to access information, and setting up and operating a library's media equipment. Administrative Page 3
~ 43-4121 Administrative 25-4031 Administrative 19-1099 Administrative 19-4099 Administrative 13-1161 Administrative 27-3099 Administrative 33-1090 Administrative 25-4013 Administrative 43-9199 Administrative 43-9061 Administrative 23-2011 Administrative ~i \, __ _,,/ Library Assistants, Clerical Library Technicians Life Scientists, All Other Life, Physical, and Social Science Technicians, All Other Market Research Analysts and Marketing Specialists Media and Communication Workers, All Other Miscellaneous First-Line Supervisors, Protective Service Workers Museum Technicians and Conservators Office and Administrative Support Workers, All Other Office Clerks, General Paralegals and Legal Assistants ~ Compile records, sort and shelve books, and issue and receive library materials such as pictures, cards, slides and microfilm. Locate library materials for loan and replace material in shelving area, stacks, or files according to identification number and title. Register patrons to permit them to borrow books, periodicals, and other library materials. Assist librarians by helping readers in the use of library catalogs, databases, and indexes to locate books and other materials; and by answering questions that require only brief consultation of standard reference. Compile records; sort and shelve books; remove or repair damaged books; register patrons; check materials in and out of the circulation process. Replace materials in shelving area (stacks) or files. Include bookmobile drivers who operate bookmobiles or light trucks that pull trailers to specific locations on a predetermined schedule and assist with providing services in mobile libraries. All life scientists not listed separately. All life, physical, and social science technicians not listed separately. Research market conditions in local, regional, or national areas to determine potential sales of a product or service. May gather information on competitors, prices, sales, and methods of marketing and distribution. May use survey results to create a marketing campaign based on regional preferences and buying habits. All media and communication workers not listed separately. Supervise and coordinate activities of personal service workers. Restore, maintain, or prepare objects in museum collections for storage, research, or exhibit. May work with specimens such as fossils, skeletal parts, or botanicals; or artifacts, textiles, or art. May identify and record objects or install and arrange them in exhibits. Includes book or document conservators. All office and administrative support workers not listed separately. Perform duties too varied and diverse to be classified in any specific office clerical occupation, requiring limited knowledge of office management systems and procedures. Clerical duties may be assigned in accordance with the office procedures of individual establishments and may include a combination of answering telephones, bookkeeping, typing or word processing, stenography, office machine operation, and filing. Assist lawyers by researching legal precedent, investigating facts, or preparing legal documents. Conduct research to support a legal proceeding, to formulate a defense, or to initiate legal action. Administrative Page 4
(" 43-3051 Administrative 19-2099 Administrative 21-1092 Administrative 13-1198 Administrative 13-2020 Administrative 27-3031 Administrative 43-4171 Administrative 21-1015 Administrative 43-6014 Administrative 21-1029 Administrative 19-3041 Administrative /~ ''--._,,/° Payroll and Timekeeping Clerks Physical Scientists, All Other ~ Compile and post employee time and payroll data. May compute employees' time worked, production, and commission. May compute and post wages and deductions. May prepare paychecks. All physical scientists not listed separately. Provide social services to assist in rehabilitation of law offenders in custody or on probation or parole. Make recommendations for actions involving formulation of rehabilitation plan and Probation Officers and Correctional Treatment Specialists !treatment of offender, including conditional release and education and employment stipulations. Project Management Specialists and Business Operations IAll business operations specialists not listed separately. Specialists, All Other Property Appraisers and Assessors Public Relations Specialists Receptionists and Information Clerks Rehabilitation Counselors Secretaries and Administrative Assistants, Except Legal, Medical, and Executive Social Workers, All Other Sociologists Appraise real property to determine its fair value. May assess taxes in accordance with prescribed schedules. Engage in promoting or creating good will for individuals, groups, or organizations by writing or selecting favorable publicity material and releasing it through various communications media. May prepare and arrange displays, and make speeches. Answer inquiries and obtain information for general public, customers, visitors, and other interested parties. Provide information regarding activities conducted at establishment; location of departments, offices, and employees within organization. Counsel individuals to maximize the independence and employability of persons coping with personal, social, and vocational difficulties that result from birth defects, illness, disease, accidents, or the stress of daily life. Coordinate activities for residents of care and treatment facilities. Assess client needs and design and implement rehabilitation programs that may include personal and vocational counseling, training, and job placement. Perform routine clerical and administrative functions such as drafting correspondence, scheduling appointments, organizing and maintaining paper and electronic files, or providing information to callers. Exclude legal, medical, or executive secretaries and administrative assistants. All social workers not listed separately. Study human society and social behavior by examining the groups and social institutions that people form, as well as various social, religious, political, and business organizations. May study the behavior and interaction of groups, trace their origin and growth, and analyze the influence of group activities on individual members. Administrative Page 5
( \ 19-1013 Administrative 27-4014 Administrative 43-2011 Administrative 11-3131 Administrative 13-1151 Administrative 43-9022 Administrative 19-1023 Administrative (\ ''--_./) Soil and Plant Scientists Sound Engineering Technicians Switchboard Operators, Including Answering Service Training and Development Managers Training and Development Specialists Word Processors and Typists Zoologists and Wildlife Biologists 'l Conduct research in breeding, physiology, production, yield, and management of crops and agricultural plants, their growth in soils, and control of pests; or study the chemical, physical, biological, and mineralogical composition of soils as they relate to plant or crop growth. May classify and map soils and investigate effects of alternative practices on soil and crop productivity. Operate machines and equipment to record, synchronize, mix, or reproduce music, voices, or sound effects in sporting arenas, theater productions, recording studios, or movie and video productions. Operate telephone business systems equipment or switchboards to relay incoming, outgoing, and interoffice calls. May supply information to callers and record messages. Plan, direct, or coordinate the training and development activities and staff of an organization. Conduct training and development programs for employees. Use word processor/computer or typewriter to type letters, reports, forms, or other material from rough draft, corrected copy, or voice recording. May perform other clerical duties as assigned. Include composing data keyers. Study the origins, behavior, diseases, genetics, and life processes of animals and wildlife. May specialize in wildlife research and management, including the collection and analysis of biological data to determine the environmental effects of present and potential use of land and water areas. Administrative Page 6
(" 19-4010 Industrial 17-2021 Industrial 45-2011 Industrial 45-2099 Industrial 19-3091 Industrial 17-1011 Industrial 17-3011 Industrial 11-9041 Industrial 49-3021 Industrial 49-3023 Industrial 17-2041 Industrial Agricultural and Food Science Technicians Agricultural Engineers Agricultural Inspectors Agricultural Workers, All Other Anthropologists and Archeologists Architects, Except Landscape and Naval Architectural and Civil Drafters Architectural and Engineering Managers Automotive Body and Related Repairers f\ \ , '----~./ Automotive Service Technicians and Mechanics Chemical Engineers Industrial '] Work with agricultural scientists in food, fiber, and animal research, production, and processing; assist with animal breeding and nutrition work; under supervision, conduct tests and experiments to improve yield and quality of crops or to increase the resistance of plants and animals to disease or insects. Include technicians who assist food scientists or food technologists in the research, development, production technology, quality control, packaging, processing, and use of foods. Apply knowledge of engineering technology and biological science to agricultural problems concerned with power and machinery, electrification, structures, soil and water conservation, and processing of agricultural products. Inspect agricultural commodities, processing equipment, and facilities, and fish and logging operations, to ensure compliance with regulations and Jaws governing health, quality, and safety. All agricultural workers not listed separately. Study the origin, development, and behavior of humans. May study the way of life, language, or physical characteristics of existing people in various parts of the world. May engage in systematic recovery and examination of material evidence, such as tools or pottery remaining from past human cultures, in order to determine the history, customs, and living habits of earlier civilizations. Plan and design structures, such as private residences, office buildings, theaters, factories, and other structural property. Prepare detailed drawings of architectural and structural features of buildings or drawings and topographical relief maps used in civil engineering projects, such as highways, bridges, and public works. Utilize knowledge of building materials, engineering practices, and mathematics to complete drawings. Plan, direct, or coordinate activities in such fields as architecture and engineering or research and development in these fields. Repair and refinish automotive vehicle bodies and straighten vehicle frames. Diagnose, adjust, repair, or overhaul automotive vehicles. Design chemical plant equipment and devise processes for manufacturing chemicals and products, such as gasoline, synthetic rubber, plastics, detergents, cement, paper, and pulp, by applying principles and technology of chemistry, physics, and engineering. Page 1
(' 19-4031 Industrial 17-3022 Industrial 17-2051 Industrial 43-2099 Industrial 19-1031 Industrial 47-4011 Industrial 47-2061 Industrial 11-9021 Industrial ~ Chemical Technicians Civil Engineering Technologists and Technicians Civil Engineers Communications Equipment Operators, All Other Conservation Scientists Construction and Building Inspectors Construction Laborers Construction Managers Industrial ~ ~) Conduct chemical and physical laboratory tests to assist scientists in making qualitative and quantitative analyses of solids, liquids, and gaseous materials for purposes, such as research and development of new products or processes, quality control, maintenance of environmental standards, and other work involving experimental, theoretical, or practical application of chemistry and related sciences. Apply theory and principles of civil engineering in planning, designing, and overseeing construction and maintenance of structures and facilities under the direction of engineering staff or physical scientists. Perform engineering duties in planning, designing, and overseeing construction and maintenance of building structures, and facilities, such as roads, railroads, airports, bridges, harbors, channels, dams, irrigation projects, pipelines, power plants, water and sewage systems, and waste disposal units. Include architectural, structural, traffic, ocean, and geo-technical engineers. All communications equipment operators not listed separately. Manage, improve, and protect natural resources to maximize their use without damaging the environment. May conduct soil surveys and develop plans to eliminate soil erosion or to protect rangelands from fire and rodent damage. May instruct farmers, agricultural production managers, or ranchers in best ways to use crop rotation, contour plowing, or terracing to conserve soil and water; in the number and kind of livestock and forage plants best suited to particular ranges; and in range and farm improvements, such as fencing and reservoirs for stock watering. Inspect structures using engineering skills to determine structural soundness and compliance with specifications, building codes, and other regulations. Inspections may be general in nature or may be limited to a specific area, such as electrical systems or plumbing. Perform tasks involving physical labor at building, highway, and heavy construction projects, tunnel and shaft excavations, and demolition sites. May operate hand and power tools of all types: air hammers, earth tampers, cement mixers, small mechanical hoists, surveying and measuring equipment, and a variety of other equipment and instruments. May clean and prepare sites, dig trenches, set braces to support the sides of excavations, erect scaffolding, clean up rubble and debris, and remove asbestos, lead, and other hazardous waste materials. May assist other craft workers. Plan, direct, coordinate, or budget, usually through subordinate supervisory personnel, activities concerned with the construction and maintenance of structures, facilities, and systems. Participate in the conceptual development of a construction project and oversee its organization, scheduling, and implementation. Include specialized construction fields, such as carpentry or plumbing. Include general superintendents, project managers, and constructors who manage, coordinate, and supervise the construction process. Page 2
r ~ 53-7011 35-2014 33-3012 53-7021 47-2081 49-2094 47-2111 17-2199 33-2011 47-1011 33-1011 45-1011 Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial (\. \ ___ / Conveyor Operators and Tenders Cooks, Restaurant Correctional Officers and Jailers Crane and Tower Operators Drywall and Ceiling Tile Installers Electrical and Electronics Repairers, Commercial and Industrial Equipment Electricians Engineers, All Other Firefighters '] Control or tend conveyors or conveyor systems that move materials or products to and from stockpiles, processing stations, departments, or vehicles. May control speed and routing of materials or products. Prepare, season, and cook soups, meats, vegetables, desserts, or other foodstuffs in restaurants. May order supplies, keep records and accounts, price items on menu, or plan menu. Guard inmates in penal or rehabilitative institution in accordance with established regulations and procedures. May guard prisoners in transit between jail, courtroom, prison, or other point. Includes deputy sheriffs and police who spend the majority of their time guarding prisoners in correctional institutions. Operate mechanical boom and cable or tower and cable equipment to lift and move materials, machines, or products in many directions. Apply plasterboard or other wallboard to ceilings or interior walls of buildings. Apply or mount acoustical tiles or blocks, strips, or sheets of shock-absorbing materials to ceilings and walls of buildings to reduce or reflect sound. Materials may be of decorative quality. Include lathers who fasten wooden, metal, or rockboard lath to walls, ceilings or partitions of buildings to provide support base for plaster, fire-proofing, or acoustical material. Repair, test, adjust, or install electronic equipment, such as industrial controls, transmitters, and antennas. Install, maintain, and repair electrical wiring, equipment, and fixtures. Ensure that work is in accordance with relevant codes. May install or service street lights, intercom systems, or electrical control systems. All engineers not listed separately. Control and extinguish fires or respond to emergency situations where life, property, or the environment is at risk. Duties may include fire prevention, emergency medical service, hazardous material response, search and rescue, and disaster management. First-Line Supervisors of Construction Trades and Extraction I Directly supervise and coordinate activities of construction or extraction workers. Workers First-Line Supervisors of Correctional Officers First-Line Supervisors of Farming, Fishing, and Forestry Workers Industrial First-Line Supervisors/Managers of Correctional Officers Supervise and coordinate activities of correctional officers and jailers. Directly supervise and coordinate the activities of agricultural, forestry, aquacultural, and related workers. Exclude "First-Line Supervisors/Managers of Landscaping, Lawn Service, and Groundskeeping Workers". Page 3
r 33-1021 Industrial 37-1011 Industrial 37-1012 Industrial 49-1011 Industrial 43-1011 Industrial 35-2021 Industrial 19-4092 Industrial 45-4011 Industrial ./'\ ~ ''--. ,/ First-Line Supervisors/Managers of Fire Fighting and Prevention Workers . L. S . f F f h . d . k 1supervise and coordinate activities of workers engaged in fire fighting and fire prevention and First-1ne uperv1sors o ire 1g ting an Prevention War ers control. First-Line Supervisors of Housekeeping and Janitorial Workers First-Line Supervisors of Landscaping, Lawn Service, and Groundskeeping Workers Supervise work activities of cleaning personnel in hotels, hospitals, offices, and other establishments. Plan, organize, direct, or coordinate activities of workers engaged in landscaping or groundskeeping activities, such as planting and maintaining ornamental trees, shrubs, flowers, and lawns, and applying fertilizers, pesticides, and other chemicals, according to contract specifications. May also coordinate activities of workers engaged in terracing hillsides, building retaining walls, constructing pathways, installing patios, and similar activities in following a landscape design plan. Work may involve reviewing contracts to ascertain service, machine, and work force requirements; answering inquiries from potential customers regarding methods, material, and price ranges; and preparing estimates according to labor, material, and machine costs. Supervise and coordinate the activities of mechanics, installers, and repairers. Exclude team or First-Line Supervisors of Mechanics, Installers, and Repairers I work leaders. First-Line Supervisors of Office and Administrative Support !Supervise and coordinate the activities of clerical and administrative support workers. Workers Food Preparation Workers Forensic Science Technicians Forest and Conservation Workers Industrial Perform a variety of food preparation duties other than cooking, such as preparing cold foods and shellfish, slicing meat, and brewing coffee or tea. Collect, identify, classify, and analyze physical evidence related to criminal investigations. Perform tests on weapons or substances, such as fiber, hair, and tissue to determine significance to investigation. May testify as expert witnesses on evidence or crime laboratory techniques. May serve as specialists in area of expertise, such as ballistics, fingerprinting, handwriting, or biochemistry. Under supervision, perform manual labor necessary to develop, maintain, or protect forest, forested areas, and woodlands through such activities as raising and transporting tree seedlings; combating insects, pests, and diseases harmful to trees; and building erosion and water control structures and leaching of forest soil. Include forester aides, seedling pullers, and tree planters. Page4
(' 19-2042 Industrial 47-4041 Industrial S3-3032 Industrial 47-3019 Industrial 47-3011 Industrial 47-3012 Industrial 47-3013 Industrial 49-9098 Industrial 47-3014 Industrial ,0 '>.. _ _,..,,,.. Geoscientists, Except Hydrologists and Geographers Hazardous Materials Removal Workers Heavy and Tractor-Trailer Truck Drivers Helpers, Construction Trades, All Other ) Study the composition, structure, and other physical aspects of the earth. May use geological, physics, and mathematics knowledge in exploration for oil, gas, minerals, or underground water; or in waste disposal, land reclamation, or other environmental problems. May study the earth's internal composition, atmospheres, oceans, and its magnetic, electrical, and gravitational forces. Include mineralogists, crystallographers, paleontologists, stratigraphers, geodesists, and seismologists. Identify, remove, pack, transport, or dispose of hazardous materials, including asbestos, lead-based paint, waste oil, fuel, transmission fluid, radioactive materials, contaminated soil, etc. Specialized training and certification in hazardous materials handling or a confined entry permit are generally required. May operate earth-moving equipment or trucks. Drive a tractor-trailer combination or a truck with a capacity of at least 26,000 GVW, to transport and deliver goods, livestock, or materials in liquid, loose, or packaged form. May be required to unload truck. May require use of automated routing equipment. Requires commercial drivers' license. All construction trades helpers not listed separately. Help brickmasons, blockmasons, stonemasons, or tile and marble setters by performing duties of I I lesser skill. Duties include using, supplying or holding materials or tools, and cleaning work area Helpers--Brickmasons, Blockmasons, Stonemasons, and Ti e . . . . and equipment. Exclude apprentice workers and report them with the appropriate skilled and Marble Setters construction trade occupation. Helpers--Carpenters Helpers--Electricia ns Help carpenters by performing duties of lesser skill. Duties include using, supplying or holding materials or tools, and cleaning work area and equipment. Help electricians by performing duties of lesser skill. Duties include using, supplying or holding materials or tools, and cleaning work area and equipment. Exclude apprentice workers and report them with the appropriate skilled construction trade occupation. Help installation, maintenance, and repair workers in maintenance, parts replacement, and repair of vehicles, industrial machinery, and electrical and electronic equipment. Perform duties, such as Helpers--lnstallation, Maintenance, and Repair Workers !furnishing tools, materials, and supplies to other workers; cleaning work area, machines, and tools; and holding materials or tools for other workers. Help painters, paperhangers, plasterers, or stucco masons by performing duties of lesser skill. Helpers--Painters, Paperhangers, Plasterers, and Stucco I Duties include using, supplying or holding materials or tools, and cleaning work area and Masons equipment. Exclude apprentice workers and report them with the appropriate skilled construction trade occupation. Industrial Page 5
(" 47-3015 Industrial 47-3016 Industrial 47-4051 Industrial 19-2043 Industrial 53-7051 Industrial 37-2011 Industrial 17-1012 Industrial 37-3011 Industrial 51-6011 Industrial 53-3033 Industrial /~ ,'---./. ~ Help plumbers, pipefitters, steamfitters, or pipelayers by performing duties of lesser skill. Duties include using, supplying or holding materials or tools, and cleaning work area and equipment. Helpers--Pipelayers, Plumbers, Pipefitters, and Steamfitters I Exclude apprentice workers and report them with the appropriate skilled construction trade Hel pers--Roofers Highway Maintenance Workers Hydrologists Industrial Truck and Tractor Operators Janitors and Cleaners, Except Maids and Housekeeping Cleaners Landscape Architects Landscaping and Groundskeeping Workers Laundry and Dry-Cleaning Workers Light Truck Drivers Industrial occupation. Help roofers by performing duties of lesser skill. Duties include using, supplying or holding materials or tools, and cleaning work area and equipment. Exclude apprentice workers and report them with the appropriate skilled construction trade occupation Maintain highways, municipal and rural roads, airport runways, and rights-of-way. Duties include patching broken or eroded pavement, repairing guard rails, highway markers, and snow fences. May also mow or clear brush from along road or plow snow from roadway. Exclude "Tree Trimmers and Pruners". Research the distribution, circulation, and physical properties of underground and surface waters; study the form and intensity of precipitation, its rate of infiltration into the soil, movement through the earth, and its return to the ocean and atmosphere. Operate industrial trucks or tractors equipped to move materials around a warehouse, storage yard, factory, construction site, or similar location. Keep buildings in clean and orderly condition. Perform heavy cleaning duties, such as cleaning floors, shampooing rugs, washing walls and glass, and removing rubbish. Duties may include tending furnace and boiler, performing routine maintenance activities, notifying management of need for repairs, and cleaning snow or debris from sidewalk. Plan and design land areas for such projects as parks and other recreational facilities, airports, highways, hospitals, schools, land subdivisions, and commercial, industrial, and residential sites. Landscape or maintain grounds of property using hand or power tools or equipment. Workers typically perform a variety of tasks, which may include any combination of the following: sod laying, mowing, trimming, planting, watering, fertilizing, digging, raking, sprinkler installation, and installation of mortarless segmental concrete masonry wall units. Operate or tend washing or dry-cleaning machines to wash or dry-clean industrial or household articles, such as cloth garments, suede, leather, furs, blankets, draperies, fine linens, rugs, and carpets. Includes spotters and dyers of these articles. Drive a truck or van with a capacity of under 26,000 GVW, primarily to deliver or pick up merchandise or to deliver packages within a specified area. May require use of automatic routing or location software. May load and unload truck. Page 6
(' 49-9094 Industrial 37-2012 Industrial 49-9071 Industrial 49-9043 Industrial 49-3042 Industrial 47-2073 Industrial 47-2141 Industrial 51-9123 Industrial 47-2151 Industrial 47-2152 Industrial 47-2181 Industrial .~ '-__/ Locksmiths and Safe Repairers Maids and Housekeeping Cleaners Maintenance and Repair Workers, General Maintenance Workers, Machinery Mobile Heavy Equipment Mechanics, Except Engines Operating Engineers and Other Construction Equipment Operators Painters, Construction and Maintenance Painting, Coating, and Decorating Workers Pipelayers Plumbers, Pipefitters, and Steamfitters Roofers Industrial ) / Repair and open locks; make keys; change locks and safe combinations; and install and repair safes. Perform any combination of light cleaning duties to maintain private households or commercial establishments, such as hotels, restaurants, and hospitals, in a clean and orderly manner. Duties include making beds, replenishing linens, cleaning rooms and halls, and vacuuming. Perform work involving the skills of two or more maintenance or craft occupations to keep machines, mechanical equipment, or the structure of an establishment in repair. Duties may involve pipe fitting; boiler making; insulating; welding; machining; carpentry; repairing electrical or mechanical equipment; installing, aligning, and balancing new equipment; and repairing buildings, floors, or stairs. Lubricate machinery, change parts, or perform other routine machinery maintenance. Diagnose, adjust, repair, or overhaul mobile mechanical, hydraulic, and pneumatic equipment, such as cranes, bulldozers, graders, and conveyors, used in construction, logging, and surface mining. Operate one or several types of power construction equipment, such as motor graders, bulldozers, scrapers, compressors, pumps, derricks, shovels, tractors, or front-end loaders to excavate, move, and grade earth, erect structures, or pour concrete or other hard surface pavement. May repair and maintain equipment in addition to other duties. Paint walls, equipment, buildings, bridges, and other structural surfaces, using brushes, rollers, and spray guns. May remove old paint to prepare surface prior to painting. May mix colors or oils to obtain desired color or consistency. Paint, coat, or decorate articles, such as furniture, glass, plateware, pottery, jewelry, cakes, toys, books, or leather. Lay pipe for storm or sanitation sewers, drains, and water mains. Perform any combination of the following tasks: grade trenches or culverts, position pipe, or seal joints. Excludes "Welders, Cutters, Solderers, and Brazers." Assemble, install, alter, and repair pipelines or pipe systems that carry water, steam, air, or other liquids or gases. May install heating and cooling equipment and mechanical control systems. Cover roofs of structures with shingles, slate, asphalt, aluminum, wood, and related materials. May spray roofs, sidings, and walls with material to bind, seal, insulate, or soundproof sections of structures. Page 7
(' 49-2098 Industrial 53-7065 Industrial 17-1022 Industrial 49-2022 Industrial 37-3013 Industrial 51-4121 Industrial ,,-\ '--.__/ Security and Fire Alarm Systems Installers Stockers and Order Fillers Surveyors ) Install, program, maintain, and repair security and fire alarm wiring and equipment. Ensure that work is in accordance with relevant codes. Receive, store, and issue sales floor merchandise, materials, equipment, and other items from stockroom, warehouse, or storage yard to fill shelves, racks, tables, or customers' orders. May mark prices on merchandise and set up sales displays. Excludes "Laborers and Freight, Stock, and Material Movers, Hand," and "Shipping, Receiving, and Traffic Clerks." Make exact measurements and determine property boundaries. Provide data relevant to the shape, contour, gravitation, location, elevation, or dimension of land or land features on or near the earth's surface for engineering, mapmaking, mining, land evaluation, construction, and other purposes. Set-up, rearrange, or remove switching and dialing equipment used in central offices. Service or Telecommunications Equipment Installers and Repairers, 'repair telephones and other communication equipment on customers' property. May install Except Line Installers equipment in new locations or install wiring and telephone jacks in buildings under construction. Tree Trimmers and Pruners Welders, Cutters, Solderers, and Brazers Industrial Cut away dead or excess branches from trees or shrubs to maintain right-of-way for roads, sidewalks, or utilities, or to improve appearance, health, and value of tree. Prune or treat trees or shrubs using handsaws, pruning hooks, sheers, and clippers. May use truck-mounted lifts and power pruners. May fill cavities in trees to promote healing and prevent deterioration. Use hand-welding, flame-cutting, hand soldering, or brazing equipment to weld or join metal components or to fill holes, indentations, or seams of fabricated metal products. Page 8
(' \, 29-1181 19-4021 29-2031 29-2010 21-1094 39-9098 31-9091 29-1292 51-9081 29-1029 Medical Medical Medical Medical Medical Medical Medical Medical Medical Medical f\. '--_/ Audiologists Biological Technicians Cardiovascular Technologists and Technicians Clinical Laboratory Technologists and Technicians Community Health Workers Crematory Operators and Personal Care and Service Workers, All Other Dental Assistants Dental Hygienists Dental Laboratory Technicians Dentists, All Other Specialists Medical ~ Assess and treat persons with hearing and related disorders. May fit hearing aids and provide auditory training. May perform research related to hearing problems. Assist biological and medical scientists in laboratories. Set up, operate, and maintain laboratory instruments and equipment, monitor experiments, make observations, and calculate and record results. May analyze organic substances, such as blood, food, and drugs. Conduct tests on pulmonary or cardiovascular systems of patients for diagnostic purposes. May conduct or assist in electrocardiograms, cardiac catheterizations, pulmonary-functions, lung capacity, and similar tests. Include vascular technologists. Perform routine medical laboratory tests for the diagnosis, treatment, and prevention of disease. May work under the supervision of a medical technologist. Promote health within a community by assisting individuals to adopt healthy behaviors. Serve as an advocate for the health needs of individuals by assisting community residents in effectively communicating with healthcare providers or social service agencies. Act as liaison or advocate and implement programs that promote, maintain, and improve individual and overall community health. May deliver health-related preventive services such as blood pressure, glaucoma, and hearing screenings. May collect data to help identify community health needs. All personal care and service workers not listed separately. Perform limited clinical duties under the direction of a dentist. Clinical duties may include equipment preparation and sterilization, preparing patients for treatment, assisting the dentist during treatment, and providing patients with instructions for oral healthcare procedures. May perform administrative duties such as scheduling appointments, maintaining medical records, billing, and coding information for insurance purposes. Administer oral hygiene care to patients. Assess patient oral hygiene problems or needs and maintain health records. Advise patients on oral health maintenance and disease prevention. May provide advanced care such as providing fluoride treatment or administering topical anesthesia. Construct and repair full or partial dentures or dental appliances. All dentists not listed separately. Page 1
r 29-1021 Medical 29-2051 Medical 19-1041 Medical 17-2111 Medical 21-1091 Medical 21-1022 Medical 31-1120 Medical (\ '---.. / Dentists, General Dietetic Technicians Epidemiologists ~ Examine, diagnose, and treat diseases, injuries, and malformations of teeth and gums. May treat diseases of nerve, pulp, and other dental tissues affecting oral hygiene and retention of teeth. May fit dental appliances or provide preventive care. Assist dietitians in the provision of food service and nutritional programs. Under the supervision of dietitians, may plan and produce meals based on established guidelines, teach principles of food and nutrition, or counsel individuals Investigate and describe the determinants and distribution of disease, disability, and other health outcomes and develop the means for prevention and control. Promote worksite or product safety by applying knowledge of industrial processes, mechanics, Health and Safety Engineers, Except Mining Safety Engineers I chemistry, psychology, and industrial health and safety laws. Includes industrial product safety and Inspectors Health Education Specialists Healthcare Social Workers Home Health and Personal Care Aides Medical engineers. Promote, maintain, and improve individual and community health by assisting individuals and communities to adopt healthy behaviors. Collect and analyze data to identify community needs prior to planning, implementing, monitoring, and evaluating programs designed to encourage healthy lifestyles, policies and environments. May also serve as a resource to assist individuals, other professionals, or the community, and may administer fiscal resources for health education programs. Provide individuals, families, and groups with the psychosocial support needed to cope with chronic, acute, or terminal illnesses. Services include advising family caregivers. Provide patients with information and counseling, and make referrals for other services. May also provide case and care management or interventions designed to promote health, prevent disease, and address barriers to access to healthcare. •Monitor the health status of an individual with disabilities or illness, and address their health-related needs, such as changing bandages, dressing wounds, or administering medication. Work is performed under the direction of offsite or intermittent onsite licensed nursing staff. Provide assistance with routine healthcare tasks or activities of daily living, such as feeding, bathing, toileting, or ambulation. May also help with tasks such as preparing meals, doing light housekeeping, and doing laundry depending on the patient's abilities. • Provide personalized assistance to individuals with disabilities or illness who require help with personal care and activities of daily living support (e.g., feeding, bathing, dressing, grooming, toileting, and ambulation). May also provide help with tasks such as preparing meals, doing light housekeeping, and doing laundry. Work is performed in various settings depending on the needs of the care recipient and may include locations such as their home, place of work, out in the community, or at a daytime nonresidential facility. Page 2
( '-29-2061 Medical 11-9111 Medical 31-9092 Medical 29-2098 Medical 19-1042 Medical 43-6013 Medical 21-1023 Medical 29-1151 Medical (\ '"--~j Licensed Practical and Licensed Vocational Nurses Medical and Health Services Managers Medical Assistants Medical Dosimetrists, Medical Records Specialists, and Health Technologists and Technicians, All Other Medical Scientists, Except Epidemiologists Medical Secretaries and Administrative Assistants Mental Health and Substance Abuse Social Workers Nurse Anesthetists Medical " ) Care for ill, injured, convalescent, or disabled persons in hospitals, nursing homes, clinics, private homes, group homes, and similar institutions. May work under the supervision of a registered nurse. Licensing required. Plan, direct, or coordinate medicine and health services in hospitals, clinics, managed care organizations, public health agencies, or similar organizations. Perform administrative and certain clinical duties under the direction of physician. Administrative duties may include scheduling appointments, maintaining medical records, billing, and coding for insurance purposes. Clinical duties may include taking and recording vital signs and medical histories, preparing patients for examination, drawing blood, and administering medications as directed by physician. Compile, process, and maintain medical records of hospital and clinic patients in a manner consistent with medical, administrative, ethical, legal, and regulatory requirements of the health care system. Process, maintain, compile, and report patient information for health requirements and standards. Conduct research dealing with the understanding of human diseases and the improvement of human health. Engage in clinical investigation or other research, production, technical writing, or related activities. Include medical scientists such as physicians, dentists, public health specialists, pharmacologists, and medical pathologists. Exclude practitioners who provide medical or dental ca re or dispense drugs. Perform secretarial duties utilizing specific knowledge of medical terminology and hospital, clinic, or laboratory procedures. Duties include scheduling appointments, billing patients, and compiling and recording medical charts, reports, and correspondence. Assess and treat individuals with mental, emotional, or substance abuse problems, including abuse of alcohol, tobacco, and/or other drugs. Activities may include individual and group therapy, crisis intervention, case management, client advocacy, prevention, and education. Administer anesthesia, monitor patient's vital signs, and oversee patient recovery from anesthesia. May assist anesthesiologists, surgeons, other physicians, or dentists. Must be registered nu rs es who have specialized graduate education. Page 3
( 29-1171 Medical 31-1131 Medical 19-5011 Medical 19-5012 Medical 29-1122 Medical 31-2012 Medical 31-2011 Medical 31-1132 Medical f\ "'----~ Nurse Practitioners Nursing Assistants Occupational Health and Safety Specialists Occupational Health and Safety Technicians Occupational Therapists Occupational Therapy Aides Occupational Therapy Assistants Orderlies Medical ) Assess patient health problems and needs, develop and implement nursing care plans, and maintain medical records. Administer nursing care to ill, injured, convalescent, or disabled patients. May advise patients on health maintenance and disease prevention or provide case management. Licensing or registration required. Include advance practice nurses such as: nurse practitioners, clinical nurse specialists, certified nurse midwives, and certified registered nurse anesthetists. Advanced practice nursing is practiced by RNs who have specialized formal, post-basic education and who function in highly autonomous and specialized roles. Provide or assist with basic care or support under the direction of onsite licensed nursing staff. Perform duties such as monitoring of health status, feeding, bathing, dressing, grooming, toileting, or ambulation of patients in a health or nursing facility. May include medication administration and other health-related tasks. Includes nursing care attendants, nursing aides, and nursing attendants. Review, evaluate, and analyze work environments and design programs and procedures to control, eliminate, and prevent disease or injury caused by chemical, physical, and biological agents or ergonomic factors. May conduct inspections and enforce adherence to laws and regulations governing the health and safety of individuals. May be employed in the public or private sector. Include environmental protection officers. Collect data on work environments for analysis by occupational health and safety specialists. Implement and conduct evaluation of programs designed to limit chemical, physical, biological, and ergonomic risks to workers. Assess, plan, and organize rehabilitative programs that help build or restore vocational, homemaking, and daily living skills, as well as general independence, to persons with disabilities or developmental delays. Use therapeutic techniques, adapt the individual's environment, teach skills, and modify specific tasks that present barriers to the individual. Under close supervision of an occupational therapist or occupational therapy assistant, perform only delegated, selected, or routine tasks in specific situations. These duties include preparing patient and treatment room. Assist occupational therapists in providing occupational therapy treatments and procedures. May, in accordance with State laws, assist in development of treatment plans, carry out routine functions, direct activity programs, and document the progress of treatments. Generally requires formal training. Transport patients to areas such as operating rooms or x-ray rooms using wheelchairs, stretchers, or moveable beds. May maintain stocks of supplies or clean and transport equipment. Psychiatric orderlies are included in Psychiatric Aides. Page4
.. r-' ( ~ 29-1051 31-9095 29-2052 31-9097 29-1071 19-2012 31-1133 29-1124 Medical Medical Medical Medical Medical Medical Medical Medical .~. \. ____ _,; Pharmacists Pharmacy Aides Pharmacy Technicians Phlebotomists Physician Assistants Physicists Psychiatric Aides Radiation Therapists Medical /.-...._, ) Dispense drugs prescribed by physicians and other health practitioners and provide information to patients about medications and their use. May advise physicians and other health practitioners on the selection, dosage, interactions, and side effects of medications. Record drugs delivered to the pharmacy, store incoming merchandise, and inform the supervisor of stock needs. May operate cash register and accept prescriptions for filling. Prepare medications under the direction of a pharmacist. May measure, mix, count out, label, and record amounts and dosages of medications according to prescription orders. Draw blood for tests, transfusions, donations, or research. May explain the procedure to patients and assist in the recovery of patients with adverse reactions. Provide healthcare services typically performed by a physician, under the supervision of a physician. Conduct complete physicals, provide treatment, and counsel patients. May, in some cases, prescribe medication. Must graduate from an accredited educational program for physician assistants. Conduct research into the phases of physical phenomena, develop theories and laws on the basis of observation and experiments, and devise methods to apply laws and theories to industry and other fields. Assist mentally impaired or emotionally disturbed patients, working under direction of nursing and medical staff. May assist with daily living activities, lead patients in educational and recreational activities, or accompany patients to and from examinations and treatments. May restrain violent patients. Includes psychiatric orderlies. Provide radiation therapy to patients as prescribed by a radiologist according to established practices and standards. Duties may include reviewing prescription and diagnosis; acting as liaison with physician and supportive care personnel; preparing equipment, such as immobilization, treatment, and protection devices; and maintaining records, reports, and files. May assist in dosimetry procedures and tumor localization. Page 5
~ r---( 29-1141 29-1126 21-1018 29-1129 29-1131 31-9096 Medical Medical Medical Medical Medical Medical ~\ Registered Nurses Respiratory Therapists Substance abuse, behavioral disorder, and mental health counselors Therapists, All Other Veterinarians Veterinary Assistants and Laboratory Animal Caretakers Medical ,-._ ) / Assess patient health problems and needs, develop and implement nursing care plans, and maintain medical records. Administer nursing care to ill, injured, convalescent, or disabled patients. May advise patients on health maintenance and disease prevention or provide case management. Licensing or registration required. Include advance practice nurses such as: nurse practitioners, clinical nurse specialists, certified nurse midwives, and certified registered nurse anesthetists. Advanced practice nursing is practiced by RNs who have specialized formal, post-basic education and who function in highly autonomous and specialized roles. Assess, treat, and care for patients with breathing disorders. Assume primary responsibility for all respiratory care modalities, including the supervision of respiratory therapy technicians. Initiate and conduct therapeutic procedures; maintain patient records; and select, assemble, check, and operate equipment. Counsel and advise individuals with alcohol, tobacco, drug, or other problems, such as gambling and eating disorders. May counsel individuals, families, or groups or engage in prevention programs. •All therapists not listed separately. Diagnose and treat diseases and dysfunctions of animals. May engage in a particular function, such as research and development, consultation, administration, technical writing, sale or production of commercial products, or rendering of technical services to commercial firms or other organizations. Include veterinarians who inspect livestock. Feed, water, and examine pets and other nonfarm animals for signs of illness, disease, or injury in laboratories and animal hospitals and clinics. Clean and disinfect cages and work areas, and sterilize laboratory and surgical equipment. May provide routine post-operative care, administer medication orally or topically, or prepare samples for laboratory examination under the supervision of veterinary or laboratory animal technologists or technicians, veterinarians, or scientists. Page 6
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Detail by Entity Name
Foreign Profit Corporation
22ND CENTURY TECHNOLOGIES, INC,
Filing Information
Document Number
FEl/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
PrinciP-al Address
8251 Greensboro Drive
Suite 900
Mclean, VA 22102
Changed: 02/15/2022
Mailing Address
8251 Greensboro Drive
Suite 900
Mclean, VA 22102
Changed: 02/15/2022
F99000002920
22-3502121
06/08/1999
NJ
ACTIVE
CANCEL ADM DISS/REV
10/29/2008
NONE
Reg~gent Name & Address
Sharma, lsha
6415 Lake Worth Road
Suite 208
Greenacres, FL 33463
Name Changed: 02/15/2022
Address Changed: 02/15/2022
Officer/Director Detail
Name & Address
Title President
Singh, Satvinder
8251 Greensboro Drive
Suite 900
MCLEAN, VA 22102
Title CEO
Sharma, Anil
DIVISION OF CORPORATIONS
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Detail by Entity Name
Foreign Profit Corporation
COMPUTER AID, INC.
Filing Information
Document Number
FEl/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Princitial Address
1390 RIDGEVIEW DR
ALLENTOWN, PA 18104
Changed: 08/09/1999
1390 RIDGEVIEW DR
ALLENTOWN, PA 18104
Changed: 08/09/1999
P24205
23-2180878
05/08/1989
PA
ACTIVE
REINSTATEMENT
10/10/1997
Registered Agent Name & Address
CORPORATE ACCESS, INC.
236 EAST 6TH AVENUE
TALLAHASSEE,, FL 32303
Name Changed: 04/19/2006
Address Changed: 02/21/2019
Officer/Director Detail
Name & Address
Title President
SALVAGGIO, Thomas A
6124 HAASADAHL ROAD
OREFIELD, PA 18069
Title Director
SALVAGGIO, THOMAS A
6124 HAASADAHL ROAD
OREFIELD, PA 18069
Title Secretary
SALVAGGIO, THOMAS A
DIVISION OF CORPORATIONS