12-Sample Contract - Relay Testing for the Electric Generation Stations (2025-09).docx

CONTRACT

Between the City of Tallahassee ("City”) and (Contractor’s Name) ("Contractor") CONTRACT NO. (contract number- TBD) SUBJECT OF CONTRACT: Relay Testing for the Electric Generating Stations

CONTRACT AMOUNT:

|_| Exact Amount: $ ___ |_| Not To Exceed (NTE):

|_| Commodity based upon Line-Item Price |_| Exact Amount: $ _______________ (Subject to allowed adjustments as specified elsewhere in the contract.)

|X| Estimate Only (EST): $

LINE ITEMS AWARDED: |X| All |_| Item(s): ______________

CONTRACT TERM:

The performance period ("Term") of this contract for Relay Testing for the Electric Generating Stations (the “Contract”) will be as follows: The basic Contract Term is _Five_ years, with __one__ optional __two_ year extension period for a total of __Seven__ years.

The term of the Contract shall begin on the Contract Execution Date as evidenced by signature of the parties in the Contract Execution section below.

CONTACT PERSONNEL

Contract Administrator: Ron Mayo Telephone Number: 850-891-5442 Email: Ronald.Mayo@talgov.com

Technical Representative: Mike Muhly Telephone Number: (850) 891-5811 Email: Mike.Muhly@talgov.com

FOR CITY OF TALLAHASSEE INTERNAL USE ONLY

Type of Contract (Check One) |_| Firm Fixed Price |X| Fixed Price w/Economic Price Adjustment Type of Quantity Delivery (Check One) |_| Definite Quantity |X| Indefinite Quantity |_| Requirements Item Type |X| Commodities |X| Services

Type of Contract Award (Check One) |_| Single Award |X| Multiple Award

Approval Level: |X| ACM |_| Commission Approval Date: TBD

REV: 1/2023 kh

TABLE OF CONTENTS

The Contract incorporates the following documents and sections in full text, unless stated elsewhere in the Contract as incorporated by reference.

CERTIFICATION OF CONTRACTOR

I, the undersigned representative of the Contractor, hereby certify and represent as follows --

1. That I am duly authorized by the Contractor to execute the Contract binding the Contractor to the City; and

2. That the Contractor will satisfactorily perform all work under that Contract in strict accordance with its terms and conditions.

CONTRACT EXECUTION

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives below.

City of Tallahassee

By:__________________________________ (Signature)

Veronica McCrackin Director for Procurement Services Contractor’s Name

By:________________________________ (Signature)

(Print/Type Name, Title, and Date)

Attest

By:___________________________________ (Signature)

James O. Cooke, IV City Treasurer-Clerk

Execution Date

Approved As To Form:

By:_________________________________ (Signature)

Edith McKay Assistant City Attorney

SECTION 1 - PRICE SCHEDULE

CONTRACTOR NAME: _ ___________________________

1.1 THE CONTRACTOR AGREES --

To furnish the supplies and/or services, awarded in whole or in part by the City, at the price set for each item offered by the Contractor, in accordance with the terms and conditions of the Contract.

1.2 PRICE RELATED FACTORS

1. The Contractor’s cost shall be inclusive of all labor, supervision, materials, supplies, equipment, tools, travel transportation, handling, assessments, all other taxes, expenses, and fees of any kind.

All work, including without limitation testing and reporting, shall be completed on a per relay basis with costs not to exceed the total amount provided in section 1.3, below.

2. Delivery shall be "F.O.B. Destination". Unless freight/handling fees are listed below as a separate line item, the price set for each item shall include all freight/handling fees.

3. The Contractor is not exempt from the Florida Sales Tax on materials or services.

1.3 CONTRACTOR PRICES

Number of technicians travelling to site

1.4 RATE SHEET. The Contractor rate sheet, Attachment A, is incorporated into this Contract and will apply if extra work is authorized in accordance with the Contract.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

SECTION 2 – CONTRACTOR’S CONTACT INFORMATION

OFFICIAL COMPANY INFORMATION AS REGISTERED (Type/Print)

COMPANY NAME:

MAIL ADDRESS:

TELEPHONE NO:

(Toll-Free Preferred)

EMAIL ADDRESS:

WEBSITE URL:

(City) (State) (Zip Code+4)

VOICE: , EXTENSION:

OTHER: ; FAX:

COMPANY CONTACT FOR CONTRACT MANAGEMENT (Type/Print)

PERSON NAME:

TELEPHONE NO:

(Toll-Free Preferred)

EMAIL ADDRESS:

PAYMENT REMITTANCE ADDRESS (Type/Print) (if same as 2.8, enter “SAME 2.8”)

NAME:

MAIL ADDRESS:

TELEPHONE NO:

(Toll-Free Preferred)

EMAIL ADDRESS:

(City) (State) (Zip Code+4)

CONTACT FOR INVOICE INQUIRIES

NAME:

TELEPHONE NO:

(Toll-Free Preferred)

EMAIL ADDRESS:

WHERE TO SEND PURCHASE ORDER (IF APPLICABLE)

COMPANY NAME:

MAIL ADDRESS:

(City) (State) (Zip Code+4)

SECTION 3 – STATEMENT OF WORK/SPECIFICATIONS

3.1 GENERAL

Contractor shall be responsible for satisfactorily performing the work in accordance with, and otherwise complying with all requirements of, the contract documents. All such work shall be performed with due care and diligence and strictly in accordance with the requirements of the contract documents.

a. Most of the work will be performed in the months of February, March, April, October, November, and the first half of December.

b. The work shall be scheduled at least two weeks in advance.

c. All relay testing equipment shall be tested and calibrated in accordance with the manufacturers and National Institute of Standards and Technology (NIST) requirements.

d. The bidder, at time of bid submittal, shall possess the correct occupational licenses, all professional licenses, or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statutes, Ordinances, and Rules & Regulations of any kind. Copies of the licenses should be submitted with the bid indicating that the entity bidding the project is properly licensed to perform the activities or work included in the contract documents.

e. Drawings will not be provided to the contractor. All work shall be performed under the guidance of a City of Tallahassee employee.

f. The work will be done at multiple sites within 25 miles of Tallahassee, Florida.

g. The contractor's employee(s) shall be briefed by a city of Tallahassee representative on the City's APPA Safety Manual and requirements since the work is being carried out in energized high voltage substations and power plants.

h. The contractor shall provide a technician with a cell phone while field work is in progress.

i. The field personnel must be approved by the city. If the city has any problems or questions concerning a technician, they may require him/her to be replaced.

3.2 QUALIFICATIONS

a. The successful contractor shall meet the qualifications and provide test equipment and trained personnel as approved by the city.

b. The contractor shall submit with their proposal, 3 references on projects of similar size and scope with other electric companies. The projects shall include a brief description of similar work satisfactorily completed with location, dates of contracts, and names, addresses and phone numbers of owners.

c. All relay testing shall be performed by full time employees of the contractor.

d. The contractor shall provide evidence of being in relay testing for at least 5 years prior this bid.

e. The contractor shall list the manufacturer and model numbers of test equipment to be used on this project. Test equipment shall be approved by the city.

f. An NIST calibration certificate is required within 30 days of contract award for all test equipment that will be used. The annual calibration certificate thereafter will be due annually during the term of the contract and prior to testing. Failure to produce calibration certificates as directed above will be considered a contract breach and be the basis for termination of this contract.

g. The contractor shall provide copies of certification for the training of their technical personnel to be used on this project. Qualifications and training of field personnel shall be approved by the City.

3.3 SCOPE OF WORK

These Specifications cover the relay testing. The work may be summarized as follows:

a. The contractor shall be able to test all distribution, transmission, motor protection, feeder management, and generation relays as requested by the city.

b. The contractor shall provide other relay and control work as agreed to by the contractor and requested in writing by the city.

c. All work shall be performed by certified technicians per section 3.2 of this document.

d. The work shall cover over-current, impedance, distance, bus, and line differential, under frequency, under-voltage, over-voltage, negative sequence, reverse power, PulsarTC-1OB carrier, carrier auxiliary, and other electro-mechanical, semiconductor, and programmable relays. In general, the relays are ABB, Westinghouse, GE, and Schweitzer.

e. Examples of relay types include, but are not limited to:

a. SEL-300G

b. SEL-351S

c. SEL-587Z

d. SEL-700G

e. SEL-751A

f. SEL-787

g. ABB REA-101

h. BASLER BE1-27

i. BASLER BE1-50/51B-105

j. GE MULTILIN 469

k. GE MULTILIN SR750

f. The Contractor shall perform a field survey to obtain the number of relays at each location, manufacturer, model number, semiconductor relay serial number, (electro mechanical relay model number will be used as its serial number), instruction book number and all other information necessary to prepare for and accomplish the work in advance.

g. When and where permitted by the city, the contractor shall conduct testing of the relays to ensure proper operation and monitoring. The relays will be tested to the specifications listed in the manufacturer's protective relay instruction book and checked for calibration using a test module of· proprietary software specific to the relay test equipment.

a. All microprocessor-based relay test shall also include:

i. Metering test to verify correct reading of analog inputs including current, voltage, and/or frequency.

ii. Testing of relay pickups, time delays, and internal logic functions (i.e. torque controls, blinders, load encroachment, etc.).

iii. Status check to verify no software or hardware faults.

iv. Verification of the relay's inputs or outputs are functional (i.e., inputs change state when voltage applied/removed and output contacts open/close as expected).

v. Verification that as-found and as-left relay settings remain unchanged by testing procedure (i.e. relay settings are not left in an altered state due to testing).

b. All electromechanical based relay tests shall also include:

i. Verification that as-found and as-left relay settings remain unchanged by testing procedure (i.e. relay settings are not left in an altered state due to testing).

ii. Testing of relay pickups and time delays.

iii. Verification of the relay's inputs or outputs are functional (i.e. inputs change state when voltage applied/removed and output contacts open/close as expected).

c. The contractor will then verify a successful functional test has been performed by the city of Tallahassee relay technician(s).

d. If any of the above tests cannot be performed satisfactorily, the project manager for the city of Tallahassee shall be notified immediately to determine an acceptable resolution to the issue.

h. Test Reports

a. Typed test reports along with test equipment reports for each relay shall be submitted via email to the City of Tallahassee.

b. The typed test report shall be made using Adobe PDF or compatible software.

c. The typed test reports shall include the field survey date, the test date, substation/plant name, line designation, manufacture's name, manufacture type, serial number, or model number of electromechanical relay, bus designation for bus protection / feeder management relays, generator name for generation protection relays, motor name for motor protection relays, and include 'as found' and 'as left' settings.

d. The test reports shall include notation that items listed in section 3.3.g, as applicable to the relay type, were performed satisfactorily.

e. In addition, all breaker, auxiliary device, or lockout relay trip tests (i.e. functional test), any missing items, condition found, condition left, repairs made, and recommended work (sample language provided below) shall be noted.

f. A summary sheet shall be provided of work needed or to be done.

g. All test format and content shall be approved by the city and a recheck of report document verifying information reported is required.

h. Payment for services due to contractor will be pending completion of testing and verification by city of submitted documents for correctness.

Sample language:

"RELAY FUNCTIONAL TEST PERFORMED: SIMULATED A CONTROLLED FAULT TO RELAY AND ASSOCIATED BREAKER(S) / DEVICE(S) TRIPPED AS EXPECTED", "AS FOUND SETTINGS COMPARED AND MATCH AS LEFT SETTINGS" "ALL RELAY INPUTS AND OUTPUTS USED IN THE RELAYS PROTECTION SCHEME FUNCTION AS EXPECTED."

i. The Contractor shall clean up daily and protect the city's equipment and site from damage. The equipment will continue to operate throughout the period of this work.

j. In case of repairs or replacement beyond normal maintenance requirements, contractor shall provide a separate quote and recommendation for approval.

k. A registered Professional Engineer PE shall review the test reports for all relay testing.

3.4 TERM OF CONTRACT AND PRICING

a. The term of this contract shall be for five (5) years with the option for one two-year extension, solely at the city’s discretion.

b. The contractor should be prepared to work 10-hour days in the field while being accompanied by a city of Tallahassee technician during their 10-hour work shift.

c. All work shall be completed on a per relay testing basis cost not to exceed basis.

d. The per relay testing basis cost shall be an all-inclusive price which includes travel expenses, labor for testing, etc.

e. Also, the contractor is requested to provide an hourly rate sheet to perform work as requested in writing by the city during the term of this contract.

a. The cost to purchase material should be included in the rate sheet (list the markup that will be used if material is purchased from the vendor).

f. A rate of 1.5 times the unit price would be applicable for time worked over 40 hours during a work week starting on Saturday of each week and ending on the following Friday when agreed upon in writing between the contractor and the city.

3.5 BID EVALUATIONS

Bid evaluations shall be based on the following:

For a uniform bid, vendors shall provide a single price to perform the relay testing described below.

a. A total of 40 relays will be tested. The types and quantities of relays are listed below.

i. SEL-311C – 4

ii. SEL-311L – 4

iii. SEL-387E – 2

iv. SEL-387 – 2

v. SEL-751A – 6

vi. SEL-300G – 1

vii. SEL-487V – 1

viii. GE Multilin 469 – 10

ix. GE Multilin 750 – 10

b. The work will be performed with one mobilization to the site.

c. The work will take place over a period of 5 days.

d. The work will be performed in 8-hour days during normal business hours.

e. The per relay testing basis cost shall be an all-inclusive price, which includes travel expenses, labor for testing, etc.

SECTION 4 – CONTRACT MANAGEMENT

4.1 CITY REPRESENTATIVES

A. CONTRACT ADMINISTRATOR

The City’s Contract Administrator is responsible for acting on behalf of the Manager of Procurement Services Office (PSO), as delegated. The Contract Administrator’s Contract duties include, but are not limited to, the following:

a. Acting as the liaison between the City and the Contractor

b. Maintaining Contract files; processing Contract amendments, cancellations, and terminations

c. Resolving conflicts between the City and the Contractor when such conflicts cannot be resolved by the Technical Representative, interpreting, and enforcing Contract requirements

B. TECHNICAL REPRESENTATIVE(S)

The City’s Technical Representative’s duties include, but are not limited to, the following:

a. Serving as liaison between the PSO and the Contractor on technical issues

b. Placing orders against the Contract, if applicable

c. Conducting evaluations and reporting on the Contractor’s performance

d. Reviewing and recommending action on the Contractor payment requests

e. Alerting the Contract Administrator of developing and unresolved issues

4.2 CONTRACTOR’S CONTRACT MANAGER

The Contractor’s Contract Manager for the Contract is identified in section 2, Contractor’s Contact Information.

4.3 CHANGES TO CONTRACT MANAGERS AND REPRESENTATIVES

If there are changes in Contract administrators, managers, or representatives by either party during the term of the contract, notice of the new personnel’s name, address, telephone numbers, and any other contact information, will be promptly rendered in writing to the other Party. Such changes will be given to the City's Contract Administrator and the Contractor's Contract Manager.

SECTION 5 – GENERAL TERMS AND CONDITIONS

5.1 INSURANCE REQUIREMENTS

a. Prior to commencing work, the Contractor shall procure and maintain at the Contractor's own cost and expense throughout the Term of the Contract the following types and limits of insurance coverage in relation to the performance of work or provision of services hereunder by the Contractor, its agents, representatives, employees, or subcontractors:

(1) Commercial General/Umbrella Liability Insurance - $2,000,000 limit per occurrence for property damage and bodily injury. The insurance shall include coverage for the following:

· Premise/Operations

· Explosion, Collapse and Underground Property Damage Hazard (only when applicable to the project)

· Products/Completed Operations

· Contractual

· Independent Contractors

· Broad Form Property Damage

· Personal Injury

(2) Business Automobile/Umbrella Liability Insurance- $1,000,000 limit per accident for property damage and personal injury.

· Owned/Leased Autos

· Non-owned Autos

· Hired Autos

(3) Workers’ Compensation and Employers’/Umbrella Liability Insurance -- Workers’ Compensation coverage with benefits and monetary limits as set forth in Chapter 440, Florida Statutes. This policy shall include Employers’/Umbrella Liability coverage for $1,000,000 per accident. Workers’ Compensation coverage is required as a condition of performing work or services for the City whether or not the Contractor is otherwise required by law to provide such coverage.

b. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees, and volunteers (“City Insureds”); or the Contractor shall procure a bond guaranteeing payment of losses, related investigation, claim administration and defense expenses.

c. Other Insurance Provisions

The insurer shall agree to waive all rights of subrogation against the City Insureds for losses arising from activities and operations of the Contractor in the performance of services under the Contract.

d. Acceptability of Insurers Insurance is to be placed with Florida admitted insurers rated B+X or better by A.M. Best's rating service.

e. Verification of Coverage The Contractor is reminded that regardless of what the State of Florida requirements for insurance are (including the exemption for Workers Compensation Insurance), the insurance specified herein is the minimum requirement for the Contract. The Contractor shall furnish the City with certificates of insurance and with original endorsements providing evidence of coverage required by this Section. The certificates and endorsements for each policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements must be submitted and approved by the City before work commences. Certificates of Insurance must be annotated with the Contract number.

f. Subcontractors The Contractor shall include each of its subcontractors as insured under the policies of insurance required herein.

5.2 PAYMENTS

a. Upon the submission of proper invoices in accordance with the Contract, the City will pay the Contractor, either by government credit card or purchase order, the prices stipulated in the Contract, less any deductions provided in the Contract.

b. It is the policy of the City to fully implement the provisions of the “Florida Prompt Payment Act". For more information, please refer to Chapter 218, Part VII, Florida Statutes. There will be no payment for services until the City verifies that the testing services provided, including without limitation, the Reports, are complete and in accordance with the Contract.

5.3 SUBMITTAL OF PROPER INVOICES

a. The Contractor shall submit an invoice at the end of every month [or other specified interval], in which services were rendered [or in which supplies were delivered] and accepted, by one of the following methods:

(1) E-mail (electronic PDF image of invoice): invoices@talgov.com.

(2) Mail: Accounts Payable, 300 S. Adams St., Mailbox A-28, Tallahassee, FL 32301-1731; or

(3) Hand Delivery: Accounts Payable, City Hall, 300 S. Adams St, Tallahassee, FL

b. Accounts Payable Contact Telephone: (850) 891-8280; Fax: (850) 891-8788

c. A proper invoice must include all the following:

(1) Name and address of the Contractor

(2) Invoice date

(3) Invoice number (the Contractor is encouraged to assign an identification number)

(4) Contract number, if applicable

(5) City's Purchase Order number, if applicable

(6) Contract line-item number, if applicable

(7) Descriptions, quantities, units of measure, unit prices, and extended price of each item

(8) Terms of any prompt payment discounts offered

(9) Name and address of official to whom payment is to be sent

(10) Federal Identification Number.

5.4 INDEPENDENT CONTRACTOR STATUS

The parties to the Contract are independent contractors, and none of the provisions of the Contract shall be interpreted or deemed to create any relationship between such parties other than that of independent contractors. Nothing contained in the Contract shall be construed to create a relationship of employer and employee, master and servant, principal, and agent, or coventurers between the City and the Contractor, between the City and any employee of the Contractor, or between the Contractor and any employee of the City. The City shall have no right to control or direct the details, manner, or means by which the Contractor performs the services or other requirements of the Contract except to require compliance with requirements and standards stated in the Contract. The Contractor, similarly, shall have no control over or management authority with respect to the City or its operations.

5.5 INDEMNIFICATION

a. The Contractor shall indemnify and hold harmless the City, and its officials, officers, and employees, from and against all claims for infringement of any United States Patent and all other claims, damages, losses, and expenses (including without limitation costs of defending the same and attorney's fees) arising out of or resulting from the performance of the work, furnishing of services, or furnishing of materials, goods, or equipment (including but not limited to claims regarding defects in materials, goods, or equipment) which is caused in whole or in part by any breach of contract, act, or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

b. In any and all claims against the City, or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this clause shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any Workers’ Compensation Act, Disability Benefit Act, or other Employee Benefit Act.

c. This Contract does not constitute a waiver of the City’s sovereign immunity or consent to suit by third parties. Any City’s liability under this Contract is intended to be consistent with limitations of Florida law, including without limitation the state's waiver of sovereign immunity pursuant to Section 768.28, Florida Statutes. No obligation imposed by this Contract shall be deemed to alter said waiver or to extend the liability of the City beyond such limits, nor shall any such obligation be deemed or construed as a waiver of any defense of sovereign immunity to which the City may be entitled. All obligations of the City shall be subject to appropriation of funds.

5.6 EVALUATION OF SERVICES--FIXED-PRICE

a. Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

b. The Contractor shall provide and maintain a quality control program acceptable to the City covering the good and services under the Contract. If requested, complete records of all quality control work performed by the Contractor shall be maintained and made available to the City during Contract performance and for as long afterwards as the Contract requires.

c. The City has the right to evaluate all goods and services provided under the Contract, at all times and, to the extent practicable, at places of work during the term of the Contract. The City shall perform evaluations in a manner that will not unduly delay the work.

d. Evaluations conducted by the City shall be recorded on a standard City Vendor Performance Evaluation (VPE) form or another appropriate document. Completed VPE forms shall be processed as follows:

g. All completed VPE forms and other evaluation correspondence, shall become public record and may be used in evaluations for award of future contracts.

5.7 CHANGES--FIXED-PRICE

a. The Contract Administrator may at any time, by written order, and without notice to the sureties, if any, make changes to the Contract within the general scope of the Contract.

b. If any such change causes an increase or decrease in the cost of, or the time required for performance of, any part of the work under the Contract, whether changed by the order, the Contract Administrator shall make an equitable adjustment in the Contract price or the delivery schedule, or both, and shall modify the Contract.

c. The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. However, if the Contract Administrator decides that the facts justify it, the Contract Administrator may receive and act upon a proposal submitted before final payment of the Contract.

d. If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contract Administrator shall have the right to prescribe the manner of the disposition of the property.

e. Failure of the parties to mutually agree to any adjustment shall be resolved under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, the Contractor shall immediately give notice, including all relevant information, to the Contract Administrator.

In the event the Contractor enters proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the Contract, written notification of the bankruptcy to the Contract Administrator. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of City contract numbers for all City contracts against which final payment has not been made. This obligation remains in effect until final payment under the Contract has been made.

5.12 PROTECTION OF CITY BUILDINGS, EQUIPMENT, AND VEGETATION

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on City property. If the Contractor's failure to use reasonable care causes damage to any City property, the Contractor shall replace or repair the damage at no expense to the City, as the Contract Administrator directs. If the Contractor fails or refuses to make such repair or replacement in accordance with such directions, the City may make or contract for replacement or repair, and, in such event, the Contractor shall be liable to the City for all related costs, which may be deducted from the Contract price, and any amounts otherwise owed the Contractor, by the Procurement Services Office. Such failure by the Contractor shall also be deemed a default and shall constitute grounds for termination of the Contract, at the option of the City.

5.13.1 WARRANTIES OF SERVICES

a. Definitions.

"Acceptance," as used in this clause, means the act of an authorized representative of the City by which the City assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the Contract.

"Correct or Correction," as used in the Contract, means the elimination of a defect.

5.13.2 WARRANTIES OF COMMODITIES

a. PRODUCT REQUIREMENTS/SPECIFICATIONS – Items furnished shall be standard products of the manufacturer or their suppliers and, shall be new, unused, clean, and free from any defects or features affecting appearance, serviceability, or the safety of the user in normal intended use, unless otherwise stated in the specifications. Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and the Contractor will be held responsible for any nonconformity. Deviations must be explained in detail on separate attached sheet(s).

b. REPLACEMENT/RESTOCKING - A warranty is required on all items purchased against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria and warranty, for a period of not less than ninety (90) days from the date of acceptance by the City. Delivery of substitute commodities requires prior written approval from the ordering location.

c. REPLACEMENT/RESTOCKING - Replacement of all materials found defective within the warranty period shall be made without cost to the City, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the Contractor.

Funds may not be available for performance under the Contract beyond September 30 of each year included in the Contract. The City’s obligation for performance of the Contract beyond that date is contingent upon the availability of appropriated funds from which payment for Contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under the Contract beyond the above referenced date, until funds are made available before commencing work or making deliveries to ensure funds are appropriated for the Contract.

5.16 EXTENSIONS OF CONTRACT TERM (BILATERAL)

The Contract has the option for one two-year extension period mutually agreed to by the parties. Such extension must be agreed to by the parties, in writing, no later than thirty (30) calendar days prior to the end of the initial Contract term.

5.17 CONTINUED PERFORMANCE OF THE CONTRACT (not to exceed six (6) months) After completion of the initial Contract term or any extensions thereof, the City may require continued performance of any services within the limits and at the rates specified in the Contract for a limited amount of time, not to exceed six months. This continued performance provision may be exercised monthly or for the full six months. The City may exercise this continued performance provision by written notice to the Contractor at least thirty (30) calendar days before the initial Contract Term or extension(s) period expires.

d. Any order issued during the Term of the Contract and not completed prior to the end of such Term shall be completed by the Contractor within the time specified in the order. The Contract shall govern the Contractor's and City’s rights and obligations with respect to that order to the same extent as if the order were completed during the Term.

5.19 ECONOMIC PRICE ADJUSTMENT

The Contract is subject to Economic Price adjustments unit prices. A pricing adjustment will be considered after year one of the Contract. It is the Contractor’s responsibility to request any pricing adjustment under this provision. The Contractor’s adjustment request should not be in excess of the relevant pricing index change per the Consumer Price Index or Producer Price Index as published by the Bureau of Labor Statistics of the U.S. Department of Labor – http://www.bls.gov/data/). The Contractor may submit price increase letters from the manufacturer in conjunction with the pricing adjustment request. For any adjustment to commence on the first day of any exercised option period, the Contractor’s request for adjustment should be submitted ninety (90) days prior to expiration of the then current Contract term or at time of renewal request from the City. The maximum allowable increase shall not exceed 5%, unless authorized by the Procurement Director. All price adjustments must be accepted by the Procurement Director and shall be memorialized by written amendment to the Contract. If no adjustment request is received from the Contractor, the City will assume the Contractor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The unit price rates reflected in the Contract executed with the successful vendor shall be adjusted upward or downward based on percentage increases or decreases in the following indices and calculated in accordance with the following formula:

CALCULATION OF ECONOMIC PRICE ADJUSTMENT

The Economic Price Adjustment (“EPA”) will be calculated in accordance with the following formula:

EPA = 1 + ((CYCI - PYCI) / PYCI)

Where, “Current Year Consumer Index” (“CYCI”) means the most recent value for the following index available on the fourth anniversary of the Effective Date: “Consumer Price Index - All Urban Consumers All Items Not Seasonally Adjusted CUUR0300SA0”.

“Prior Year Consumer Index” (“PYCI”) means the most recently published value for the following index available on the third anniversary of the Effective Date: “Consumer Price Index - All Urban Consumers All Items Not Seasonally Adjusted CUUR0300SA0”.

The EPA will be calculated to the third decimal place.

Adjusted Price for each Item = unit price (per Proposal) × EPA.

5.21 ORDER LIMITATIONS

With regard to orders placed against the Contract, there is NO minimum monetary limit on single orders.

5.22 PURCHASES BY OTHER PUBLIC AGENCIES

With the consent and agreement of the Contractor, purchases may be made under the Contract by other governmental agencies or political subdivisions within the State of Florida. Such purchases shall be governed by the same terms and conditions stated herein.