CN-700000-22003.pdf

Agency Term Contract

ATC-22-003

Outdoor and Indoor Fitness and Wellness Equipment

WITNESSETH

WHEREAS, this Contract is between the State of Florida, Department of Corrections

(“Department”), an agency of the State of Florida with offices at 501 S. Calhoun Street, Tallahassee, FL 32399, and Quality Specialty Products, LLC (“Contractor”);

WHEREAS, the Department and Contractor are collectively referred to herein as "Parties" and individually as a "Party" and all capitalized terms have the meaning assigned to them unless otherwise defined here;

WHEREAS, the Department has negotiated and accepted the Contractor's pricing and enters into this Contract under the authority of § 287.057(5) F.S.

NOW, THEREFORE, in consideration of the promises, the Parties agree as follows:

I. Definitions

A. Agency Term Contract (ATC or Contract): A written agreement between the

Department and the Contract that is mandatory for use by the entire Department and under which Purchase Orders (PO) shall be issued.

B. Business Day: Any weekday in Florida, excluding Saturday, Sunday, State-observed holidays.

C. Contract Administrator: The Department employee, or his/her designee, who serves as liaison between the Contract Manager and the Department, and who will maintain the official Contract Administration file, develop and maintain the Contract and all amendments, and maintain the official records of all formal correspondence between the Department and the Contractor.

D. Contract Manager: The Department employee, or his/her designee, identified as the individual responsible for performance oversight and operational management of the

Contract.

E. Day: A calendar day, unless otherwise noted.

F. Department (FDC): The Florida Department of Corrections.

G. Purchasing Card (Pcard): The State of Florida’s purchasing card program which utilizies the Visa platform.

H. Subcontract: An agreement between the Contractor and any other person or organization, in which that person or organization agrees to perform any duties on the

Contractor’s behalf unfer the Contract.

II. Scope of Work

The Contractor shall provide the commodities listed on Attachment I - Price Information

Sheet, in the time and manner specified herein.

III. Contract Term

The initial term of this Contract is for three (3) years. The initial term shall begin on the last date in which it is signed by all Parties, whichever is later.

IV. Renewal Terms

The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed three (3) years, or portions thereof, at the pricing specified in

Attachment I – Price Information Sheet, upon mutual agreement of the Parties.

V. Amendments

No oral modifications to this Contract are acceptable. Unless otherwise provided herein, modifications to this Contract must be in writing and signed by both Parties.

Amendments issued after Contract execution may expressly change the Contract provisions. If an amendment expressly alters the Contract, then the most recent amendment will take precedence.

VI. Contract Notices

In addition to the provisions in Section 38 of Form PUR 1000 (10/06), Contract notices may be delivered by email to the Contractor's designated contact person as prescribed in

Section VII.

VII. Contract Management

The Department employee who is primarily responsible for maintaining the Contract

Administration file is:

Contract Administrator

Bureau of Procurement

Florida Department of Corrections

501 S. Calhoun Street, Suite 328

Tallahassee, FL 32399

Telephone (850) 717-3700

Email: Purchasing@fdc.myflorida.com mailto:Purchasing@fdc.myflorida.com

The Department's Contract Manager is:

Derek Dodel, Statewide Wellness Coordinator

Bureau of Education

Florida Department of Corrections

501 S. Calhoun Street

Tallahassee, FL 32399-2500

Telephone: 850-717-3178

Email: Derek.Dodel@fdc.myflorida.com

The Department may appoint a different Contract Administrator or Contract Manager, which will not require an amendment to the Contract, by sending written notice to the

Contractor. Any communication to the Department relating to the Contract shall be addressed to the Contract Manager.

The Contractor has assigned the following individual(s) to serve as the designated representative person for this Contract:

Contractor’s Representative:

Adam Selden, Vice-President

Quality Specialty Products

1160 East Jericho Tpke

Huntington, NY 11743

Telephone: 516-686-9922

Email: Adam@qspny.com

All questions and customer service issues concerning this Contract shall be directed to the

Contractor's representative above. It will be the representative’s responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues. The Contractor must provide written notice to the Contract Manager if a new employee is designated as representative for this Contract.

VIII. Termination

A. Termination at Will

Either Party may terminate this Contract at will upon no less than 30 days’ written notice unless a shorter period is mutually agreed upon by both Parties. Notice shall be delivered by certified mail (return receipt requested), by other delivery methods whereby an original signature is obtained, or in person with proof of delivery.

B. Termination Due to Lack of Funds

If funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than 24 hours’ written notice to the Contractor. Notice shall be delivered by certified mail (return receipt requested), facsimile, by other delivery mailto:Derek.Dodel@fdc.myflorida.com methods whereby an original signature is obtained, or in person with proof of delivery.

The Department shall be the final authority as to the availability of funds.

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, the Department can terminate the Contract for cause. The Department may elect to afford, at its exclusive option, an opportunity for the Contractor to cure the breach for cause within 30 days upon written notice by the Department. Any breach of this Contract still left uncured by the

Contractor after the Department has elected to provide 30 days to cure (remedy) the breach may result in the Department's termination of this Contract upon 24 hours’ written notice by the Department. If the Department does not elect to allow the

Contractor to cure a breach (e.g., instances of egregious Contractor conduct or other

Contractor actions which may be harmful to the Department), the Department may immediately terminate this Contract for cause, upon 24 hours’ written notice to the

Contractor, as described in this section. Notice shall be delivered by certified mail

(return receipt requested), in person with proof of delivery, or by another delivery method whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code (F.A.C.).

The provisions herein do not limit the Department's right to remedies at law or damages.

D. Termination for Unauthorized Employment

Violation of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

IX. Assignment

The Contractor shall not assign its duties or rights under this Contract to another party without the prior written approval of the Department. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this Contract to another governmental agency of the State of Florida upon providing written notice to the Contractor.

X. Substitutions

The Contractor shall provide only the commodities listed on Attachment I – Price

Information Sheet. Substituted items delivered, or provided to the Department without prior approval by the Contract Manager, are prohibited, may be returned at the Contractor’s expense, and may lead to termination of the Contract.

In the event the commodity specified can no longer be provided, for reasons beyond the

Contractor’s control (i.e., product discontinuance), the Contractor shall provide an alternate product request to the Contract Manager. The alternate product must meet or exceed all terms, conditions, and requirements applicable to the product that was originally specified.

A product sample may be required for review by the Department before acceptance.

XI. Price Decreases

Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated. All prices are firm and shall be held for the duration of the Contract term. Equitable price adjustments shall only be considered if they are received and justified in accordance with the PUR 1000.

XII. Additions/Deletions

During the term of the Contract, the Department reserves the right to add or delete the number of commodities or services, when considered to be in its best interest. Pricing shall be comparable to amounts awarded. Further, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of delivery locations.

XIII. Delivery

Product(s) shall be shipped as Free on Board (FOB) Destination, and arrive within 30 days of Purchase Order issuance, or at the time mutually agreed upon between both Parties.

Deliveries of goods, or provision of services, must be made between 8:30 a.m. to 4:00 p.m., local time, Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract.

XIV. Damaged Commodities and Warranty

The Contractor shall be responsible for filing, processing, and collecting all damage claims.

However, to assist the Contractor in the expeditious handling of damage claims, the

Department’s ordering office will:

1) Record any evidence of visible damage on all copies of the delivery carrier’s Bill of

Lading.

2) Report damage (visible or concealed) to the Carrier and Contractor, confirming such reports, in writing, within 15 days of delivery, requesting that the carrier inspect the damaged merchandise.

3) Retain the item and its shipping container, including inner packing material, if applicable, until inspections are performed by the carrier and disposition given by the

Contractor.

4) Provide the Contractor with a copy of the carrier’s Bid of Lading and Damage

Inspection Report.

The Contractor shall guarantee the proper functionality of all commodities purchased against manufacturing or design defects. Such defects will be cured promptly by the

Contractor after notification by the Department. The Department shall incur no costs related to the curing of defective commodities. If the Contractor completed installation for a commodity, the Contractor’s workmanship shall be guaranteed for a period of 60 days.

During that period, the Contractor shall correct any product deficiencies related to installation or workmanship at no cost to the Department.

XV. Summary Reports

The Contractor shall provide the Contract Manager a report of sales at the end of each quarter (March, June, September, and December, unless otherwise specified by the

Contract Manager). The report shall summarize, at a minimum: total number of units sold during the quarter, total dollar value of units sold during the quarter, total number of units sold by delivery location for the quarter, total number of units sold for the quarter, and total dollar value sold for the entire Contract term to date. The Department may, at its discretion, develop the format the Contractor must use for reporting. Any report format developed by the Department shall be incorporated into and shall become a part of the Contract. A summary report shall also be required for time periods that include less than three (3) full months of business (such as the beginning or end of the Contract term). Failure to provide this information within 30 days following the end of each quarter shall result in the assessment of financial consequences, as indicated in Section XVI., or termination of the

Contract.

XVI. Financial Consequences

A. The Contractor agrees it will be assessed a reasonable amount of financial consequences, as required by Florida Statutes (F.S.) when performance falls below the minimum level required. These financial consequences, are not a penalty and are intended to incentivize successful performance of Contract requirements. Financial consequences of $100 per calendar day will be assessed (as applicable) if:

1. service(s) is not completed by the contractual deadline,

2. item(s) are not delivered as required, or

3. reports are not delivered as required.

B. If the Department chooses to allow completion of Contract requirements after the time allowed, its allowance shall not act as a waiver of financial consequences.

C. Nothing in this section shall limit the Department’s right to pursue remedies for other types of damages at law or in equity.

XVII. General Contract Conditions (PUR 1000)

The General Contract Conditions are outlined in form PUR 1000 and incorporated in this

Contract by reference. The PUR 1000 is available as a downloadable document at http://dms.myflorida.com/content/download/2933/11777. Any terms and conditions set forth within this Contract document shall supersede any and all conflicting terms and conditions set forth within form PUR 1000.

http://dms.myflorida.com/content/download/2933/11777

XVIII. Other Conditions

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the

Department to perform the service; (b) upon request from the Department's custodian of public records, provide the Department 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 this chapter or as provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract if the Contractor does not transfer the records to the Department; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the

Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completing 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 completing the Contract, the

Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format compatible with the

Department's information technology systems. Under §287.058(1)(c), F.S., the

Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract unless the records are exempt from §24(a) of Art. I of the State Constitution and either §119.07(1), F.S. or

§119.071, F.S.

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:

Florida Department of Corrections

ATTN: Public Records Unit

501 South Calhoun Street

Tallahassee, Florida 32399-2500

Telephone: (850) 717-3605

Fax: (850) 922-4355

Website:

https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw

1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintain confidentiality following applicable local, State, and federal laws, rules, and regulations. The

Department and the Contractor agree that all information and records obtained in the course of Contract performance shall be subject to confidentiality and disclosure provisions of applicable federal and State statutes and regulations adopted pursuant thereto.

The Contractor agrees to keep all Department personnel information (i.e., FDC staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person unless released in writing to do so by the Department.

C. Diversity in Contracting

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-owned, women-owned, and service-disabled veteran-owned business enterprises in the economic life of the State.

The Department works in conjunction with the Florida Department of Management

Services, Office of Supplier Diversity, to provide training on how to access the available procurement opportunities.

The Office of Supplier Diversity offers resources to diverse business enterprises, including the Mentor Protégé Program, which connects eligible business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information, including contact information, on the Mentor Protégé Program, Contractors may visit the Office of Supplier Diversity's website at http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.

D. Environmental Concerns

The State supports and encourages initiatives to protect and preserve our environment. If applicable, the Contractor shall submit a plan to support the procurement of commodities and materials with recycled content, referencing the intent of Section 403.7065, F.S.

E. Assignments

The Contractor shall not assign or transfer its rights to another party without the prior written approval of the Department. The Department is entitled to assign or transfer its rights and duties, to another governmental agency of the State of Florida upon giving written notice to the Contractor.

F. Disputes

Any dispute concerning the performance of this Contract shall be resolved informally by the Parties. Any dispute that cannot be resolved informally shall be reduced to http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/ writing and delivered to the Department's Chief Financial Officer (CFO) or designee.

The Department's CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the Contractor’s representative, the Contract Manager, and the Contract Administrator.

G. Notices

All notices required or permitted by this Contract shall be given in writing and by hand-delivery or email to the respective Parties. All notices by hand-delivery shall be deemed received on the date of delivery, and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable.

H. Prison Rape Elimination Act (PREA)

The Contractor shall report any violations of the Prison Rape Elimination Act (PREA)

Federal Rule 28 C.F.R. Part 115 to the Contract Manager.

I. Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and hold such insurance during the existence of the Contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under the Contract. Upon the execution of this Contract, the

Contractor shall furnish the Contract Manager written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Contractor is a state agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Department, upon request, written verification of liability protection under Section 768.28, F.S. Nothing herein shall be construed to extend any Party's liability beyond that provided in Section 768.28., F.S.

J. Subcontracts

The Contractor may, with the prior written consent of the Department, enter written

Subcontracts for the delivery or performance of services, as indicated in this Contract.

No subcontract, into which the Contractorr enters for the performance of any of its duties under the Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties. All subcontractors, regardless of function, who provide services on Department property, shall comply with the Department's security requirements, including background checks, and all other Contract requirements. The

Department is only authorized to pay the Contractor for services or commodities provided under the Contract.

The Contractor shall make all payments to subcontractors. If the Contractor utilizes a subcontractor, the Contractor shall pay the subcontractor within seven (7) business days after any payment is received from the Department, per Section 287.0585, F.S.

It is understood, and agreed upon, that the Department shall not be held accountable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the Contractor is solely responsible to the subcontractor for all expenses and liabilities under the Contract. If the Contractor fails to pay the subcontractor within seven (7) business days, the Bidder shall pay the penalty to the subcontractor in the amount of one-half (½) of one percent (1%) of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

K. Independent Contractor Status

This Contract does not create an employee/employer relationship between the Parties.

The Parties intend that the Department and Contractor are independent contractors under the Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the

Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the

State Workers’ Compensation Act, and the State’s unemployment insurance law. The

Parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their Contract duties. Services provided by each Party according to the Contract shall be subject to the supervision of each Party. In providing any service under the Contract, neither Party nor its agents shall act as officers, employees, or agents of the other Party. The Parties agree that they are separate and independent business enterprises and that each can pursue other opportunities.

This Contract shall not be construed as creating any joint venture or employment relationship between the Parties, and neither Party will be liable for any obligation incurred by the other Party, including, but not limited to, unpaid wages and overtime premiums.

L. Force Majeure

Neither Party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption or performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, pandemics, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

M. Annual Appropriation

The Department's duties to pay for goods and services under this Contract are contingent upon an annual appropriation by the State Legislature. The costs of services paid under any other Contract or from any other source are not eligible for reimbursement under this Contract.

N. Cooperation with Inspector General

Under Section 20.055(5), F.S., the Contractor shall cooperate with the Inspector

General in any investigation, audit, inspection, review, or hearing concerning this

Contract.

O. Scrutinized Companies Contractor Certification

The Vendor certifies they are not listed on the Scrutinized Companies that Boycott

Israel List, created under Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the Contract exceeds $1,000,000.00 in total, not including renewal years, the Vendor certifies that they are not listed on either 1) the Scrutinized

Companies with Activities in Sudan List, or 2) the Scrutinized Companies with

Activities in the Iran Petroleum Energy Sector List created under Sections 215.473, F.S., and 215.4725, F.S., and further certifies they are not engaged in business operations in Cuba or Syria, as stated in Section 287.135(2)(b)2, F.S. Pursuant to

Sections 287.135(5), F.S., and 287.135(3), F.S., the Vendor agrees the Department may immediately terminate the Contract for cause if the Vendor is found to have submitted a false certification or if the Vendor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or

Syria during the term of the Contract. Any company that submits a bid or proposal for a Contract or intends to enter into or renew a Contract with an agency or local governmental entity for commodities or services of any amount must certify that the company is not participating in a boycott of Israel.

P. Cooperation with the Florida Senate and Florida House of Representatives

In accordance with Florida law, the Contractor agrees to disclose any requested information relevant to the performance of this Contract to members or staff of the

Florida Senate or Florida House of Representatives, as required by the Florida

Legislature. The Contractor is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement.

Q. Purchasing Card (PCard) Program

The State of Florida has implemented the use of a PCard using the Visa platform.

Upon mutual agreement of the Department and Contractor, the Contractor will receive payments via the PCard in the same manner as other Visa purchases. To find out more about the State’s purchasing card program, a Contractor may visit:

www.dms.myflorida.com.

http://www.dms.myflorida.com/

R. Vendor Ombudsman

A Vendor Ombudsman has been established within the Florida Department of

Financial Services. The duties of this office include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a State agency. The Vendor Ombudsman may be contacted by calling the Florida Department of Financial Services’ at (850) 413-5516.

S. Payment and Invoicing

Pricing for the Contract will be at a fixed rate. The Department will compensate the

Contractor for the delivery of commodities and/or services, as specified in Attachment

I – Price Information Sheet. All charges must be billed in arrears, in accordance with

Section 215.422, F.S. The Contractor must include any and all supporting documentation, as will as its name, mailing address, tax indentification (ID) number/FEIN, Purchase Order number, and items provided.

T. State Licensing Requirements

As applicable, all entities defined under Chapter 607, 617, or 620, F.S., seeking to do business with the Department shall be on file and in good standing with the Florida

Department of State, or provide certification of exemption from this requirement.

U. MyFloridaMarketPlace (MFMP)

Each Contractor who anticipates doing business with the State of Florida, as defined in Section 287.012, F.S., shall maintain an active registration in the MFMP Vendor

Information Portal (VIP) unless exempted under Rule 60A-1.033, F.A.C. A Contractor not currently registered in the MFMP VIP system shall do so within five (5) days of award, unless otherwise exempt.

Registration may be completed at http://vendor.myfloridamarketplace.com. Those needing assistance may contact the MFMP Customer Service Desk at 1-866-352-

3776 or vendorhelp@myfloridamarketplace.com.

Pursuant to Section 287.057(22), F.S. and Rule 60A-1.031, F.A.C., all Contractor payments shall be assessed a transaction fee of 1% unless otherwise exempt. This transaction fee is non-refundable, and failure of a Contractor to pay as required may result in the Contractor being excluded from conducting future business with the State.

V. Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all Contractors that do business with the State to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com https://flvendor.myfloridacfo.com/ are located on that website once a registration has been completed. DFS is ready to assist Contractors with additional questions and may be reached by contacting (850)

413-5519, or FLW9@myfloridacfo.com.

W. E-Verify

Per Executive Order 11-116, "The Provider agrees to utilize the U.S. Department of

Homeland Security's E-Verify system, https://e-verify.gov/employers, to verify the employment eligibility of all new employees hired during the contract term by the

Provider. The Provider shall also include a requirement in subcontracts that the subcontractor shall utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term." The Provider meeting the terms and conditions of the E-Verify System are deemed compliant with this provision.

Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor shall not enter into a contract unless each party to the contract registers with and uses the E-Verify system in accordance with Section 448.095, F.S.

X. Copyrights, Right to Data, Patents, and Royalties

Where the Contract activities produce original writing, sound recordings, pictorial reproductions, drawings, other graphic representation, and/or works of any similar nature, the Department has the right to use, duplicate and disclose such materials, in whole or in part, in any manner, for any purpose whatsoever, and to have others acting on behalf of the Department to do so also. If the materials so developed are subject to copyright, trademark, patent, legal title, then every right, interest, claim or demands of any kind, in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State for the exclusive use and benefit of the State. Under Section 286.021, F.S., no person, firm or corporation, including parties to the Contract, shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Department of State.

The Department shall have unlimited rights to use, disclose or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Contractor. All computer programs and other documentation produced as part of the Contract shall become the exclusive property of the State of

Florida, Department of State, except for data processing software developed by the

Department pursuant to Section 119.084, F.S., and may not be copied or removed by any employee of the Contractor without express written permission of the Department.

The Contractor, without exception, shall indemnify and save harmless the Department, and its employees, from liability of any nature or kinds, including costs and expenses, mailto:FLW9@myfloridacfo.com https://e-verify.gov/emp for, or on account of, any copyrighted, patented, or unpatented invention, process, or article, manufactured, or supplied, by the Contractor, or is based solely and exclusively upon the Department’s alteration of the article. The Department will provide prompt written notification of a claim regarding copyright or patent infringement and will afford the Contractor full opportunity to defend the action and control the defense of such claim.

Further, if such a claim is made, or is pending, the Contractor may, at its option and expense, procure for the Department the right to continue the use of, replace, or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the Department agrees to return the article to the Contractor upon its request and receive reimbursement, fees, and costs, if any, as may be determined by a court of competent jurisdiction.) If the Contractor uses any design, device, or material(s) covered by letter, patent or copyright, it is mutually agreed and understood, without exceptions, that the Contract prices shall include all royalties or costs arising from the use of such design, device, or materials.

Y. Severability

The invalidity or unenforceability of any particular provision shall not affect the other provisions hereof and shall be construed in all respects as if such invalid or unenforceable provision was omitted, so long as the material purposes can still be determined and effectuated.

Z. Use of Funds for Lobbying Prohibited

The Contractor agrees to comply with the provisions of Section 216.347, F.S., which prohibits the expenditure of State funds to lobby the Legislature, Judicial branch of government, or a State agency.

AA. Employment of Department Personnel

The Contractor shall not knowingly engage, employe, or utilize, on a full-time, part-time, or another basis, any current or former employee of the Department, during the period of the Contract, where such employment conflicts with Section 112.3185, F.S.

BB. Tax Exemption

The Department agrees to pay for commodities and/or services according to the conditions of the Contract. The State of Florida does not pay federal excise taxes or the sales tax on direct purchases of commodities or services, and pricing bid shall not include those taxes.

Attachment I – Price Information Sheet

GROUP I-INDOOR WELLNESS EQUIPMENT & ACCESSORIES

Description of Commodities

(A)

Unit Cost

(Per Item)

(B)

Estimated

Annual

Quantity

(C)

Extended

Annual Cost

(A+B=C)

(D)

Brand and Model

(or approved equivalent)

(E)

Number of Items in a Case

1 Aerobic Exercise Step Platform $44.00 102 $4,488.00

Albatross Ply Box

2 Body Fat Measurement Caliper $12.00 1020 $12,240.00

Albatross BFC

3 Club Exercise Mat $19.40 850

$16,490.00

Albatross CEM

Torso Flexibility Sit-n-Reach

Box $149.00 170 $25,330.00

Albatross sit and reach

5 Yoga Exercise Mat $18.60 850 $15,810.00

Albatross ABD Mat

6 Metronome $38.90 204 $7,935.60

Metrones Cherub

7 Measuring Tape, 200’- 60m $12.99 102 $1,324.98

Albatross MT200

8 Ab Wheel $17.49 204 $3,567.96

Albatross ABW

9 Digital Scale, Low Profile $17.00 170 $2,890.00

Albatross Digital Scale

Group 1 - Grand Total Price (Sum of Column C) $90,076.54

Quality Specialty Products, LLC_ 46-3478464__________ Adam Selden_ ________________

COMPANY NAME FEIN AUTHORIZED REPRESENTATIVE (PRINT)

GROUP 2-LARGE TEAM WELLNESS EQUIPMENT

(A)

Unit Cost (Per

Item)

(B)

Estimated

Annual

Quantity

(C)

Extended Annual

Cost

(AxB=C)

(D)

Brand and Model

(or approved equivalent)

1 Basketball Backboard with Goal and Net $138.00 8 $1,104.00

Albatross BBGN

2 Basketball, composite leather

$27.89

443 $12,355.27

Albatross ProBB

3 Basketball Goal $89.00 216 $19,244.00 Albatross BBG01

4 Adjustable Flag Belts $4.98 340 $1,693.20

Albflag16

5 Basketball Net $5.99 264 $1,581.36

Albatross Basketball Net

6 Football, composite leather $23.00 410 $9,430.00

Albatross FB026

Basketball Outdoor System - 4’ Gooseneck

System w/Breakaway Rim & Nylon Net $1,140.00 2 $2,280.00

Albatross BB Systems

8 Soccer Ball, synthetic leather $14.89 410 $6,104.90

ALBSB01

9 Softball Bat (30”) $79.00 204 $16,116.00

Albatross #10 BBB

Group 2 – Grand Total Price (Sum of Column C) $69,908.73

Quality Specialty Products, LLC____ 46-3478464__________ Adam Selden_____ ______________

COMPANY NAME FEIN AUTHORIZED REPRESENTATIVE (PRINT)

GROUP 3-SMALL TEAM WELLNESS EQUIPMENT

Description of

Commodities

(A)

Unit Cost (Per

Item)

(B)

Estimated

Annual

Quantity

(C)

Extended Annual

Cost

1 Badminton Shuttlecock (pack of 144) $48.00 1 $48.00

MacGregor

3 Badminton Racquet x12 $156.00 12 $1,872.00

Champion Sports

4 Bocce Ball Set

$47.00 68 $3,196.00

Fun Stuff (ASIN# B00J7UG6C0)

5 Cornhole Bean Bag Toss $13.49 102 $1,375.98

House Leader

7 Frisbee $8.99 170 $1,538.30

8 Handball Ball $8.99 170 $1,538.30

9 Horseshoe Set $52.00

68 $3,536.00

10 Pickleball Diller Paddle $38.00 8 $304.00

Amazin’ Aces

11 Pickleballs (Pack of 12) $14.99 2 $29.98

GSE

12 Racquetballs (Pack of 12) $24.00 20 $480.00 JBM

13 Table Tennis Balls (pack of 144) $68.00 1 $68.00

Franklin Sports

14 Table Tennis Packs

$249.00

1 $249.00

ClassPlus (GA-16-945)

15 Table Tennis Wood Paddles $6.00 12 $72.00 Franklyn

16 Tennis Balls, Case (24 Cans of 3 Balls)

$79.00 10

$790.00

Penn Champion

(A)

Unit Cost (Per

Item)

(B)

Estimated

Annual

Quantity

(C)

Extended Annual

Cost

(AxB=C)

(D)

Tennis Nets

$126.00 1 $126.00

MacGregor Varsity

18 Tennis Rackets $32.00 20

$640.00

HEAD TI. Conquest

Group 3 - Grand Total Price (Sum of Column C) $16,811.36

Quality Specialty Products, LLC_ 46-3478464__________ Adam Selden___________ _____

COMPANY NAME FEIN AUTHORIZED REPRESENTATIVE (PRINT)

Quality Specialty Products, LLC

46-3478464_______ Adam Selden__ _____________

COMPANY NAME FEIN AUTHORIZED REPRESENTATIVE (PRINT)

All pricing listed above in Groups 1 through 4 are firm and shall include packaging, shipping, and all other applicable fees. In the absence of an equitable price adjustment, as indicated in PUR 1000 (Section XVIII), renewal pricing will remain the same throughout the

Contract.

GROUP 4 -OUTDOOR WELLNESS EQUIPMENT

Description of Commodities

(A)

Unit Cost (Per

Item)

(B)

Estimated

Annual

Quantity

(C)

Extended

Annual Cost

1 Air Walker Plus $1,460.00 4 $5,840.00 Albatross ODAW

2 Pull Up & Dip Station $1,410.00 8 $11,280.00 Albatross ODPUDS

3 Rowing Machine $1,460.00 6 $8,760.00 Albatross ODRM

4 Seated Chest Press $1410.00 8 $11,280.00 Albatross ODCP

5 Seated Lat Pull $1,440.00 8 $11,520.00 Albatross ODLP

6 Sit Up Board $940.00 6 $5,640.00 Albatross ODSB

7 Squat Press $1,510.00 6 $9,060.00 Albatross ODSP

Group 4 - Grand Total Price (Sum of Column C) $63,380.00

Attachment II – Service/Delivery Locations

SERVICE LOCATIONS

Region Major

Institution

Facility

ID

Number

Facility Name Supervising

Institution Address

1 * 102 Apalachee CI East

(ACI)

n/a

35 Apalachee Drive

Sneads, FL

32460

1 101 Apalachee CI West Apalachee CI

East

52 West Unit Drive

Sneads, FL

32460

1 * 105 Calhoun CI n/a

19562 SE Institution Drive

Blountstown, FL

32424

1 165 Calhoun Work Camp Calhoun CI

19564 Institution Drive

Blountstown, FL

32424

1 * 106 Century CI n/a

400 Tedder Rd

Century, FL

32535

1 167 Century Work Camp Century CI

400 Tedder Rd

Century, FL

32535

1 164 Pensacola CRC Century CI

3050 North "L" Street

Pensacola, FL

32501

1 * 113 Franklin CI n/a

1760 Highway 67 North

Carrabelle, FL

32322

1 * 144 Gadsden Re-Entry

Center n/a

630 Opportunity Lane

Havana, FL

32333

1 * 109 Gulf CI n/a

500 Ike Steele Road

Wewahitchka, Florida

32465-0010

Institution

Facility

ID

Number

Facility Name Supervising

Institution Address

1 * 107 Holmes CI n/a

3142 Thomas Drive

Bonifay, FL

32425

1 * 104 Jackson CI n/a

5563 10th Street

Malone, FL

32445

1 * 103 Jefferson CI n/a

1050 Big Joe Road

Monticello, FL

32344

1 168 Tallahassee CRC Jefferson CI

2616A Springhill Road

Tallahassee, FL

32310

1 * 120 Liberty CI n/a

11064 NW Dempsey Barron Road

Bristol, FL

32321

1 139 Quincy Annex Liberty CI

2225 Pat Thomas Pkwy

Quincy, FL

32351

1 * 110

Northwest Florida

Reception Center

(NWFRC)

n/a

4455 Sam Mitchell Drive

Chipley, FL

32428

1 125 NWFRC Annex NWFRC

4455 Sam Mitchell Drive

Chipley, FL

32428

1 163 Panama City CRC NWFRC

3609 Hwy 390

Panama City, FL

32405

1 * 115 Okaloosa CI n/a

3189 Colonel Greg Malloy Road

Crestview, FL

32539

Institution

Facility

ID

Number

Facility Name Supervising

Institution Address

1 161 Okaloosa Work Camp Okaloosa CI

3189 Colonel Greg Malloy Road

Crestview, FL

32539

1 * 119 Santa Rosa CI n/a

5850 E. Milton Road

Milton, FL

32583

1 135 Santa Rosa Annex Santa Rosa CI

5850 E. Milton Road

Milton, FL

32583

1 * 118 Wakulla CI n/a

110 Melaleuca Drive

Crawfordville, FL

32327

1 122 Wakulla Annex Wakulla CI

110 Melaleuca Drive

Crawfordville, FL

32327

1 173 Wakulla Work Camp Wakulla CI

110 Melaleuca Drive

Crawfordville, FL

32327

1 * 108 Walton CI n/a

691 Institution Road

Defuniak Springs, FL

32433

1 172 Walton Work Camp Walton CI

301 Institution Road

Defuniak Springs, FL

32433

2 * 279 Baker CI

20706 US Hwy 90 West

Sanderson, FL

32087

2 275 Baker Re-Entry

Center Baker CI

20706 US Hwy 90 West

Sanderson, FL

32087

Institution

Facility

ID

Number

Facility Name Supervising

Institution Address

2 261 Baker Work Camp Baker CI

20706 US Hwy 90 West

Sanderson, FL

32087

2 * 201 Columbia CI n/a

216 SE Corrections Way

Lake City, FL

32025

2 251 Columbia Annex Columbia CI

216 SE Corrections Way

Lake City, FL

32025

2 * 211 Cross City CI n/a

568 NE 255th Street

Cross City, FL

32628

2 269 Cross City East Unit Cross City CI

568 NE 255th Street

Cross City, FL

32628

2 262 Cross City Work

Camp Cross City CI

568 NE 255th Street

Cross City, FL

32628

2 * 205 Florida State Prison

(FSP)

n/a

23916 NW 83rd Avenue

Raiford, FL

32083

2 206 FSP West Unit FSP

23916 NW 83rd Avenue

Raiford, FL

32083

2 * 215 Hamilton CI n/a

10650 SW 46th Street

Jasper, FL

32052

2 250 Hamilton Annex Hamilton CI

10650 SW 46th Street

Jasper, FL

32052

Institution

Facility

ID

Number

Facility Name Supervising

Institution Address

2 * 281 Lancaster CI n/a

3449 SW State Road 26

Trenton, FL

32693

2 280 Lancaster Work Camp Lancaster CI

3449 SW State Road 26

Trenton, FL

32693

2 * 255 Lawtey CI n/a

22298 NE County Road 200-B

Lawtey, FL

32058

2 240 Gainesville Work

Camp Lawtey CI

1000 NE 55th Blvd

Gainesville, FL

32609

2 * 216 Madison CI n/a

382 SW MCI Way

Madison, FL

32340

2 * 223 Mayo Annex n/a

8784 US 27 West

Mayo, FL

32066

2 * 210 New River CI n/a

8000 NW 80th Place

Raiford, FL

32083

2 268 New River Work

Camp New River

136000 NE 258 Court

Raiford, FL

32083

2 * 214 Putnam CI n/a

128 Yelvington Road

East Palatka, FL

32131

2 * 209

Reception and

Medical Center

(RMC)

n/a

7765 S County Road 231

Lake Butler, FL

32054

Institution

Facility

ID

Number

Facility Name Supervising

Institution Address

2 208 RMC West Unit RMC

8183 SW 152nd Loop

Lake Butler, FL

32054

2 221 RMC Work Camp RMC

7765 S County Road 231

Lake Butler, FL

32054

2 * 230 Suwannee CI n/a

5964 US Hwy 90

Live Oak, FL

32060

2 231 Suwannee Annex Suwannee CI

5964 US Hwy 90

Live Oak, FL

32060

2 * 218 Taylor CI n/a

8501 Hampton Springs Rd

Perry, FL

32348

2 282 Tomoka CI n/a

3950 Tiger Bay Road

Daytona Beach, FL

32124

2 * 284 Tomoka Work Camp Tomoka CI

3950 Tiger Bay Road

Daytona Beach, FL

32124

2 * 213 Union CI n/a

25636 NE State Rd 16

Raiford, FL

32083

3 503 Avon Park CI n/a

8100 Hwy 64 East

Avon Park, FL

33825

3 * 504 Avon Park Work

Camp Avon Park CI

8100 Hwy 64 East

Avon Park, FL

33825

Institution

Facility

ID

Number

Facility Name Supervising

Institution Address

3 320

Central Florida

Reception Center

(CFRC)

n/a

7000 HC Kelley Road

Orlando, FL

32831

3 321 CFRC East Unit CFRC

7000 HC Kelley Road

Orlando, FL

32831

3 323 CFRC South Unit CFRC

7000 HC Kelley Road

Orlando, FL

32831

3 374 Kissimmee CRC CFRC

2925 Michigan Avenue

Kissimmee, FL

34744

3 * 361 Orlando CRC CFRC

7300 Laurel Hill Road

Orlando, FL

32818

3 564 DeSoto Annex n/a

13617 SE Hwy 70

Arcadia, FL

34266

3 * 560 DeSoto Work Camp DeSoto CI

13617 SE Hwy 70

Arcadia, FL

34266

3 * 368

Florida Women's

Reception Center

(FWRC)

n/a

3700 NW 111th Place

Ocala, FL

34482

3 501 Hardee CI n/a

6901 State Road 62

Bowling Green, FL

33834

3 * 563 Hardee Work Camp Hardee CI

6899 State Road 62

Bowling Green, FL

33834

Institution

Facility

ID

Number

Facility Name Supervising

Institution Address

3 * 336 Hernando CI n/a

16415 Spring Hill Road

Brooksville, FL

34604

3 * 312 Lake CI n/a

19225 US Hwy 27

Clermont, FL

34715

3 314 Lowell CI n/a

11120 NW Gainesville Road

Ocala, FL

34482

3 367 Lowell Annex Lowell CI

11120 NW Gainesville Road

Ocala, FL

34482

3 304 Marion CI n/a

3269 NW 105th Street

Lowell, FL

32663

3 * 364 Marion Work Camp Marion CI

3269 NW 105th Street

Lowell, FL

32663

3 580 Polk CI n/a

10800 Evans Road

Polk City, FL

33868

3 562 Polk Work Camp Polk CI

10800 Evans Road

Polk City, FL

33868

3 * 583 St. Petersburg CRC Polk CI

4237 8th Avenue South

St. Petersburg, FL

33711

3 307 Sumter CI n/a

9544 County Road 476B

Bushnell, FL

33513

Institution

Facility

ID

Number

Facility Name Supervising

Institution Address

3 305 Sumter Annex Sumter CI

9544 County Road 476B

Bushnell, FL

33513

3 308 Sumter BTU Sumter CI

9544 County Road 476B

Bushnell, FL

33513

3 * 365 Sumter Work Camp Sumter CI

9544 County Road 476B

Bushnell, FL

33513

3 * 573 Zephyrhills CI n/a

2739 Gall Blvd

Zephyrhills, FL

33541

4 510 Charlotte CI n/a

33123 Oil Well Road

Punta Gorda, FL

33955

4 * 544 Ft. Myers Work Camp Charlotte CI

2575 Ortiz Avenue

Ft. Myers, FL

33905

4 * 463 Dade CI n/a

19000 SW 377th Street

Florida City, FL

33034

4 401 Everglades CI n/a

1599 SW 187th Avenue

Miami, FL

33194

4 * 441 Everglades Re-Entry

Center Everglades CI

1599 SW 187th Avenue

Miami, FL

33194

4 * 419 Homestead CI n/a

19000 SW 377th Street

Florida City, FL

33034

Institution

Facility

ID

Number

Facility Name Supervising

Institution Address

4 430 Martin CI n/a

1150 SW Allapattah Road

Indiantown, FL

34956

4 420 Martin Work Camp Martin CI

100 SW Allapattah Road

Indiantown, FL

34956

4 444 Ft. Pierce CRC Martin CI

1203 Bell Avenue

Fort Pierce, FL

34982

4 469 West Palm Beach

CRC

Martin CI

261 W. Fairgrounds Road

West Palm Beach, FL

33411

4 452 Atlantic CRC Martin CI

261 W. Fairgrounds Road

West Palm Beach, FL

33411

4 431 Loxahatchee Road

Prison Martin CI

230 Sunshine Road

West Palm Beach, FL

33411

4 404 Okeechobee CI n/a

3420 NE 168th Street

Okeechobee, FL

34972

4 407 Okeechobee Work

Camp Okeechobee CI

3420 NE 168th Street

Okeechobee, FL

34972

4 * 464 Sago Palm Re-Entry

Center Okeechobee CI

500 Bay Bottom Rd

Pahokee, FL

33476

4 402

South Florida

Reception Center

(SFRC)

n/a

14000 NW 41st Street

Doral, FL

33178

Institution

Facility

ID

Number

Facility Name Supervising

Institution Address

4 403 SFRC South Unit SFRC

14000 NW 41st Street

Doral, FL

33178

4 457 Miami North CRC SFRC

7090 NW 41st Street

Miami, FL

33166

4 473 Opa Locka CRC SFRC

5400 NW 135th Street

Opa Locka, FL

33054

446 Hollywood CRC SFRC

8501 W Cypress Drive

Pembroke Pines, FL

33025

Attachment III – Security Requirements

1) Per Section 944.47, Florida Statutes (F.S.) it is unlawful to introduce into or upon the grounds of any state correctional institution or to take or attempt to take or send or attempt to send any of the following items, which are considered contraband unless authorized by the Institution's Officer-In-Charge (OIC).

a) Any written or recorded communication to any inmate of any state correctional institution;

b) Any currency or coin that is given or transmitted, or intended to be given or transmitted to an inmate of any state correctional institution;

c) Any article of food or clothing given or transmitted, or intended to be given or transmitted, to any inmate of any state correctional institution;

d) Any intoxicating beverage or beverage which causes, or may cause, an intoxicating effect;

e) Any controlled substance, prescription, or a non-prescription drug, having a hypnotic, stimulating, or depressing effect; and

f) Any firearm or weapon of any kind or any explosive substance, including any weapons left in vehicles on the grounds of a state correctional institution

A person, who violated any provision of Section 944.47, F.S., as it pertains to an article of contraband, is guilty of a felony.

2) Do not leave keys in the ignition of motor vehicles. All vehicles must be locked, and windows rolled up when parked on state property. Wheel locking devices may also be required.

3) All keys must be kept in pockets at all times.

4) Confirm with the Institutional Warden where construction vehicles should be parked.

5) Obtain formal identification (driver's license or non-driver's license identification obtained from the Florida Department of Highway Safety and Motor Vehicles or equivalent agency in another state) that must be presented each time Contractor staff enter or depart the

Institution and as requested by Department staff.

6) Absolutely no transactions between Contract personnel and inmates are permitted.

Transactions include, but are not limited to, giving or receiving cigarettes, stamps, or letters.

7) No communication with inmates, verbal or otherwise, is permitted without the authorization of the Institution's OIC.

8) Strict tool control will be enforced at all times. Tools within the Correctional Institution are classified as AA, A, or B. Class AA tools are defined as any tool that can be utilized to cut chain link fence fiber or razor wire rapidly and effectively. Class A tools are defined as those tools which, in their present form, are most likely to be used in an escape or to do bodily harm to staff or inmates. Class B tools are defined as tools of a less hazardous nature. Every tool is to be geographically controlled and accounted for at all times. At the

Attachment III – Security Requirements end of the workday, toolboxes will be removed from the compound or to a secure area as directed by the Department's security staff. The Contractor must maintain two (2) copies of the correct inventory with each toolbox, one (1) copy will be used and retained by the

Department's security staff, who will search and ensure a proper inventory of tools each time the toolbox is brought into the Institution, the other copy will remain with the toolbox at all times. Tools should be kept to a minimum (only those tools necessary to complete the job). All lost tools must be reported to the Institution's Chief of Security (Colonel or Major) immediately. No inmate will be allowed to leave the area until the lost tool is recovered.

9) Approval must be obtained from the Institution's Chief of Security before bringing any powder-activated tools into the Institution.