25-64121511-ITB Ocean Marine Open Cargo Attachment D ATCs.pdf
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- Solicitation number
- ITB-12852
- Issued by
- Florida
About this file
This document is an Attachment D containing Additional Terms and Conditions to an Enterprise Contract for the Florida Department of Management Services, specifically modifying the standard terms for an insurance solicitation (Solicitation No. 25-64121511-ITB). The document systematically removes multiple sections from the original Form PUR 1000 and Enterprise Standard Terms and Conditions, including provisions related to transportation, delivery, packaging, installation, risk of loss, and cooperative purchasing. The attachment provides revised definitions for key terms such as "Customer" and "State Term Contract", and outlines contract term, suspension, and termination guidelines, with the initial contract term beginning on the date specified in the Contract and allowing for potential renewal upon written agreement between the Department and Contractor, in accordance with section 287.057(13), F.S.
The modifications to the standard contract terms appear to be specifically tailored to the insurance contract's unique requirements, ensuring that customers other than the Department cannot amend or modify the contract or insurance policy terms. By removing various standard sections and providing precise definitions, the document aims to create a more focused and streamlined contractual framework for the insurance procurement. The revisions suggest a deliberate effort to clarify roles, responsibilities, and limitations within the state insurance contracting process, with an emphasis on maintaining strict control over the contract's core provisions and preventing unauthorized modifications by participating agencies or eligible users.
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Insurance ASSC 082824
Solicitation No. 25-64121511-ITB Attachment D
ADDITIONAL TERMS AND CONDITIONS TO THE ENTERPRISE CONTRACT
In accordance with Rule 60A-1.002(7), F.A.C., the Form PUR 1000 is modified to include these additional terms and conditions to the enterprise contract.
A. The following Sections of Form PUR 1000, General Contract Conditions, incorporated by reference into Attachment D, Enterprise Standard Terms and Conditions, are hereby removed in their entirety.
Section 5.e. Transportation and Delivery Section 5.f. Packaging Section 5.g. Installation Section 5.h. Risk of Loss Section 5.i. Literature Section 5.j. Product version Section 5.k Real Property Section 5.l. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
Section 5.m. Products Available from the Blind or Other Handicapped (RESPECT) Section 6.a. Inspection at Contractor’s Site Section 7.d. Transaction Fee Section 12 Cooperative Purchasing
B. The following Sections of ITB Attachment D, Enterprise Standard Terms and Conditions, are hereby removed in their entirety:
Section 1 Definition of “Enterprise Alternate Contract Source” Section 5.1 Purchases Section 5.2 Purchase submission Section 6.2 Best Pricing Offer Section 6.3 Price Decreases.
Section 6.4 Purchase Prerequisites Section 6.5 Transaction Fees Section 6.6 Exclusivity Section 8 Contract Management Section 11.3 Cooperative Purchasing Section 14.2 Contract Reporting Section 14.5.1 Inspection at Contractor’s Site Section 17.2 Reporting Certified Business Enterprises
C. Enterprise Standard Terms and Conditions revisions: the corresponding subsections of the Enterprise Standard Terms and Conditions referenced below are replaced in their entirety with the following:
Insurance ASSC 082824
SECTION 1. Definitions
“Customer” – means the agency, as defined in section 287.012, F.S., or eligible user, as defined in Rule 60A-1.001, Florida Administrative Code (“F.A.C.”), included on the insurance policy issued pursuant to the Contract between the Department and the
Contractor. For this insurance Contract, Customers other than the Department may not amend or modify the Contract or insurance policy terms.
“State Term Contract” means a term contract that is competitively procured by the department pursuant to section 287.057, F.S. and that is used by agencies and eligible users pursuant to section 287.056, F.S. For the purpose of insurance contracts, agencies are as defined in section 287.012(1), F.S. and eligible users are as defined in Rule 60A-
1.001(4)(h).
SECTION 4. CONTRACT TERM, SUSPENSION, AND TERMINATION.
4.1 Term. The initial term will begin on the date set forth in the Contract.
Upon written agreement, the Department and the Contractor may renew the Term
Contract in whole or in part only as set forth in the Term Contract documents, and in accordance with section 287.057(13), F.S.
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