CN-700000-26002.pdf

Agency Term Contract

ATC-26-002

Camera and Recording Equipment, Parts, and Services

This Agency Term Contract (“Contract”) is between the State of Florida, Department of Corrections (“Department”), and Montgomery Technology Systems, LLC (“Contractor”).

WITNESSTH

WHEREAS, the Department and Contractor are collectively referred to herein as “Parties,” and individually as a “Party,” and capitalized terms shall have the meanings assigned to them in EXHIBIT A, unless the context clearly requires a different construction and interpretation;

WHEREAS, the Contractor responded to the Department’s Invitation to Bid (ITB), No.: FDC ITB- 24-038 Camera and Recording Equipment, Parts, and Services; and

WHEREAS, the Department has accepted the Contractor’s Bid and enters into this Contract in accordance with the terms and conditions of FDC ITB-24-038.

THEREFORE, and in consideration of the mutual promises contained herein, the Parties agree as follows:

I. Scope of Work

The services, commodities, or both, to be provided by the Contractor pursuant to this Contract are defined and described in ATTACHMENT I and EXHIBIT A.

II. Contract Term

The initial term of this Contract is for five (5) years and shall begin on the last date on which it is signed by all Parties.

III. Renewal Terms

The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed five (5) years, or portions thereof, at the renewal pricing specified in the Contractor’s Bid, upon mutual agreement of the Parties as set forth in the Contract.

IV. Contract

This Contract, together with the following attached documents (ATTACHMENT I and EXHIBITS A through E), sets forth the entire understanding of the Parties and supersedes all prior and contemporaneous agreements, whether written or oral, with respect to such subject matter.

All documents attached to this Contract are incorporated in their entirety and form as part of this Contract. The Contract has the following Attachment and Exhibits:

a) ATTACHMENT I: PRICE SHEET;

b) EXHIBIT A: FDC ITB-24-038 and all addenda, in reverse order of issuance;

c) EXHIBIT B: Foreign Country of Concern Attestation (PUR 1355);

d) EXHIBIT C: Provision of Commodities Produced by Forced Labor (PUR 2023);

e) EXHIBIT D: Vendor Certification Form (PUR 7801); and

f) EXHIBIT E: Pass/Fail Requirement Certification and Non-Collusion Certification.

In case of conflict, the documents shall have priority in the order listed:

a) This Agency Term Contract and all amendments, in reverse order of issuance;

b) ATTACHMENT I: PRICE SHEET; then

c) EXHIBIT A: FDC ITB-24-038 and all addenda, in reverse order of issuance.

V. Amendments

Unless otherwise provided herein, all modifications to this Contract must be in writing and signed by both Parties, except changes to Section VII., Contract Management. Any future amendments of the Contract, which alter the definition of the services or scope of work, shall define the services or scope in the same format as EXHIBIT A.

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

VI. Contract Notices

Unless otherwise required herein, the Parties shall provide all notices required or permitted by this Contract in writing by certified mail, return receipt requested, or hand-delivery to the respective Parties, or by other delivery methods by which an original signature is obtained. All notices shall be deemed received on the date of delivery.

Changes to Section VII., Contract Management, may be delivered by email to the Contractor's Representative and the Contract Manager. Change notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable.

VII. Contract Management

The Contract Administrator is:

Contract Administrator Bureau of Procurement Florida Department of Corrections 501 S. Calhoun Street, Suite 327 Tallahassee, FL 32399-2500 Telephone: (850) 717-3700

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

The Contract Administrator will perform the following functions:

1. Maintain the official Contract Administration file;

2. Write and maintain this Contract and all amendments; and

3. Maintain records of all formal Contract correspondence between the Department and the Contractor as provided by the Contract Manager for filing in the Contract Administration file.

The Contract Manager is:

Stasi McKenzie Operations & Management Consultant Manager Division of Facilities Management & Building Construction Florida Department of Corrections 600 S. Calhoun Street Tallahassee, FL 32399 Telephone: (850) 717-3925 Email: Stasi.McKenzie@fdc.myflorida.com

The Contract Manager will perform the following functions:

1. Maintain a Contract Management file;

2. Serve as the liaison between the Department and the Contractor;

3. Enforce performance of the Contract terms and conditions;

4. Monitor and evaluate the Contractor’s performance to ensure services conform to the

Contract requirements;

5. Request all amendments, renewals, and terminations of this Contract, and implement management of the Contract change;

6. Exercise applicable remedies, as appropriate, when the Contractor’s performance is deficient; and

7. Evaluate the Contractor’s performance upon completion of this Contract. This evaluation will be placed in the Contract file and will be considered if this Contract is subsequently used as a reference in future procurements.

For each PO issued by the Department, the individual listed as “On Behalf Of” shall serve as a local Contract coordinator, and will perform the following functions:

1. Verify the receipt of deliverables from the Contractor;

2. Review, verify, and approve invoices from the Contractor;

3. Monitor the quality of services and commodities being delivered;

4. Monitor the budget to ensure funds are available through the Contract term; and

5. Serve as the liaison between the Department, Contract Manager, and Contractor relating to quality and delivery.

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor’s Representative. The Contractor shall address all communication relating to the Contract to the Contract Manager.

mailto:Stasi.McKenzie@fdc.myflorida.com

The Contractor has assigned the following individuals to serve as the Contractor’s Representative for this Contract:

Contractor’s Representative:

Patrick Skipper Vice President 23 Old Stage Road Greenville, AL, 36037 Telephone: (334) 382-7441 Email: patrick@montgomerytechnology.com

As provided for in Sections V. and VI., the Department will direct all questions and customer service issues concerning this Contract to the Contractor’s Representative above. It will be the Contractor’s Representative’s responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues.

The Contractor must provide notice to the Contract Manager, as set forth in Section VI., if a new employee is designated as the Contractor’s 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. A Party shall deliver notice 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. The Department will deliver notice by certified mail (return receipt requested), by other delivery 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 may terminate the Contract for cause. The Department may elect to afford, at its exclusive option, an opportunity for the Contractor to cure the breach 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) may result in the Department's termination of this Contract upon 24 hours’ written notice to the Contractor. 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), by mailto:patrick@montgomerytechnology.com other delivery methods whereby an original signature is obtained, or in person with proof of delivery. If applicable, the Department may employ the default provisions in Section 287.1351, Florida Statutes (F.S.). The provisions herein do not limit the Department's right to remedies at law or in equity.

D. Termination for Unauthorized Employment

The Contractor’s violation of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

E. Termination for Use of Forced Labor

In accordance with Section 287.1346(4)(a)2., F.S., if the Contractor is placed on the Forced Labor Vendor List, the Department may terminate this Contract immediately for cause.

IX. Assignment

The Contractor shall not assign its duties or rights under this Contract to another Party without the Contract Manager’s prior written approval. 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. Price Decreases

The Contractor shall apply to the Department any price decrease effectuated during the Contract term by reason of market change or special sales offered to other customers.

Such a price decrease applies regardless of whether any related equipment is rented or leased by the Department under the Contract. Price increases are rejected unless otherwise stated. All prices are firm and shall be held for the duration of the Contract term.

XI. Additions/Deletions

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

XII. Other Conditions

A. Public Records

The Contractor agrees to (a) keep and maintain public records required by the Department in order to perform the Contract; (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 Chapter 119, F.S., or as otherwise provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure 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 upon Contract expiration or termination; 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 completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Pursuant to Section 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 Section 24(a) of Art. I of the State Constitution and Section 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 the 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) 717-9774 Fax: (850) 922-4355 Website:

https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw 1eymm15f4x))/SupportHome.aspx

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintain confidentiality with reference to commodities and services in accordance with applicable local, State, and federal laws, rules, and regulations. The Department and Contractor agree that all information and records obtained in the course of Contract performance shall be https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx 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., Department staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person or entity, unless released to do so, in writing, by the Department.

C. Disputes

Any dispute arising from this Contract shall be resolved informally by the Parties. Any dispute that cannot be resolved informally shall be reduced to 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.

D. Independent Contractor Status

The Contractor is an independent contractor in the performance of its duties and responsibilities under this Contract. The Department shall neither have nor exercise any control or direction over the methods by which the Contractor shall perform its work and functions other than as provided herein. This Contract is not a partnership or a joint venture between the Parties.

E. Force Majeure

Neither Party shall be liable for loss or damage suffered as a result of any unforeseeable delay or failure in performance under this Contract or interruption of 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.

F. Annual Appropriation

The State’s and the Department’s duty to pay for commodities or services under this Contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for payment under this Contract.

G. Scrutinized Companies Contractor Certification

In executing this Contract, the Contractor certifies the following:

1. If a contract is for goods or services of any amount, the Contractor certifies:

• It is not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S.; and

• It is not currently engaged in a boycott of Israel in accordance with Section 287.135(2)(a), F.S.

2. If a Contract for goods or services could be at or above $1 million, the Contractor also certifies:

• It has completed DMS Form PUR 7801, included as EXHIBIT D.

3. The Contractor understands the following:

• The Department may, on a case-by-case basis, make exceptions to these requirements as permitted in Section 287.135(4), F.S.; and

• An unsuccessful vendor has no right to protest the award of a contract or renewal on the basis of a false certification, in accordance with Section 287.135(6), F.S.

H. Cooperative Purchasing

Pursuant to their own governing laws and subject to the agreement of the Contractor, other entities may be permitted to make purchases in accordance with the terms and conditions contained herein. The Department shall not be a party to any transaction between the Contractor and any other purchaser.

Other State of Florida agencies wishing to make purchases from this Contract are required to follow the provisions of Section 287.042(16), F.S. This statute requires the Florida Department of Management Services to determine that the requestor’s use of the Contract is cost-effective and in the best interest of the State.

I. Performance Standards

The Contract Manager shall provide written notice to the Contractor of all financial consequences being assessed, accompanied by documentation in sufficient detail for the justification of assessment. Within 10 Business Days of receipt of the written notice for financial consequences due, the Contractor shall forward payment to the Department. Payment shall be for the appropriate amount, be made payable to the Department, and be in the form of a cashier’s check or money order. In the alternative, the Contractor may issue a credit in the amount of the financial consequences assessed on its next monthly invoice following the assessment of financial consequences. The Contractor must include documentation of the amount of financial consequences assessed with the invoice if issuing credit. The Department will deduct financial consequences from amounts due to the Contractor if the Contractor has not paid financial consequences within 60 Days of receiving written notice.

By execution of this Contract, the Contractor acknowledges and agrees that its performance under this Contract shall meet the standards set forth herein. Any failure by the Contractor to achieve the performance measures identified in this Contract shall result in the assessment of financial consequences. Any such assessment or subsequent payment thereof shall not affect the Contractor’s obligation to provide services as required by this Contract.

EXHIBIT A

FDC ITB-24-038

Invitation to Bid (ITB)

Camera and Recording Equipment, Parts, and Services

FDC ITB-24-038

Tammy Shaw, Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399

Agency Term Contract

Table of Contents

SECTION 1: Definitions SECTION 2: Introduction

2.1 Overview

2.2 ITB Timeline

SECTION 3: Key Information

3.1 Background

3.2 Statement of Purpose

3.3 ITB Outcome

SECTION 4: Statement of Work

4.1 Scope of Work

4.2 Routine and Formal Communication

4.3 Warranty Requirements

4.4 Institutional and Facility Security

4.5 Performance Measures and Financial Consequences

4.6 Performance Bond

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

5.2 Vendor Questions

5.3 Vendor Ombudsman

5.4 Bid Submissions

5.5 Other Vendor Requirements

5.6 Public Bid Opening

5.7 Bid Evaluation

5.8 No Prior Participation or Conflict of Interest

5.9 Protest Procedures

SECTION 6: Other Terms and Conditions

6.1 Vendor Diversity

6.2 Environmental Considerations

6.3 Intellectual Property

6.4 Insurance

6.5 PCard Payments

6.6 Special Conditions

Attachment I – Price Sheet Attachment II – Vendor's Contact Information Attachment III – Certification of Drug-Free Workplace Program Attachment IV – Security Requirements for Contractors Attachment V – Foreign Country of Concern Attestation (PUR 1355) Attachment VI – Forced Labor Vendor Attestation (PUR 2024) Attachment VII – Pass/Fail Requirement Certification And Non-Collusion Certification Attachment VIII – Vendor Certification Form (PUR 7801) Attachment IX – Service/Delivery Locations

Agency Term Contract

SECTION 1: Definitions The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Agency Term Contract (ATC or Contract): The written Contract between the Department and the successful Vendor, which results from this ITB and is mandatory for use by the entire Department.

1.2 Bid: A Vendor’s response to this ITB.

1.3 Breach of Contract: A failure of the Contractor to perform services or provide commodities in accordance with the terms and conditions of any contract which may result from this ITB.

1.4 Business Day and Business Hours: Monday through Friday from 8:00 a.m. to 5:00 p.m., Local Time, excluding State holidays or other official closures.

1.5 Camera Equipment: Includes, but may not be limited to, Internet Protocol (IP) Cameras and Closed-Circuit Television (CCTV) Cameras.

1.6 Contract: Formal written contract or Purchase Orders (PO), including its attachments, modifications, and/or renewals, which may result from this ITB between the successful Vendor and the Department.

1.7 Contract Manager: The Department employee, or designee, who will serve as a liaison between the Contractor and Department under the Contract, and will monitor the Contractor’s progress and Contract performance to ensure the procured products and services conform to the Contract’s requirements.

1.8 Contractor: The organization or individual providing services to the Department, in accordance with the terms of any Contract which may result from this ITB.

1.9 Day: A calendar day, unless otherwise noted.

1.10 Department or FDC: The Florida Department of Corrections.

1.11 Emergency Services: A situation in which maintenance and repair services are immediately required of the Contractor due to the malfunction or breakdown of equipment that may threaten the welfare of FDC inmates and staff. Emergency service requests require immediate response by the Contractor during and after regular Business Hours, weekends, and holidays.

1.12 Holidays: Refers to State Holidays or other official closures.

1.13 Hour(s): Includes all hours between 12:00 a.m. through 11:59 p.m. unless otherwise noted.

1.14 Material Deviation(s): A deviation from the requirements and specifications herein, which, in the Department’s sole discretion, is not in substantial accord with the requirements and specifications, provides a significant competitive advantage to a single Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

Agency Term Contract

1.15 Minor Irregularity: A variation from the requirements and specifications herein that does not give the Vendor a significant competitive advantage or benefit not enjoyed by other Vendors and does not adversely impact the Department’s interests.

1.16 National Defense Authorization Act (NDAA): A United States federal law that sets the budget and policies for the Department of Defense. Specifically, NDAA compliance requires that equipment does not include components manufactured by certain Chinese companies which are prohibited by Section 889 of the NDAA to ensure federal agencies have secure devices and prevent potential security vulnerabilities.

1.17 Non-Emergency Repairs: Any and all repair work in which the equipment is still operable;

however, if repairs are not made the equipment may be further damaged or become inoperable.

1.18 Purchasing Card (PCard): The State of Florida’s purchasing card program that utilizes the Visa platform.

1.19 Recording Equipment: Includes, but may not be limited to, Digital Video Recorders (DVR) and Network Video Recorders (NVR).

1.20 Responsible Vendor: A Vendor who has the capability in all respects to fully perform the Contract requirements and the integrity and reliability that will assure good faith performance.

1.21 Responsive Bid: A Bid submitted by a Responsible Vendor, which conforms to all material aspects of this ITB.

1.22 Service Location(s): Any institution’s site receiving camera and recording equipment installation, maintenance, and repair services.

1.23 Specifications: The detailed conditions of the Contract, including technical specifications and other descriptions of the work as outlined in the Contract documents.

1.24 State: State of Florida.

1.25 Subcontract: An agreement between the Vendor and any other person or organization wherein that person or organization agrees to perform any requirement(s) for the Vendor, specifically related to securing or fulfilling the Vendor’s obligations to the Department under the terms of any Contract which may result from this ITB.

1.26 Subcontractor: An individual, firm, or corporation that holds a Contract with the Contractor or any other Subcontractor to perform any obligation or duty on behalf of the Vendor, specifically related to securing or fulfilling the Vendor’s obligations to the Department under the terms of the Contract resulting from this ITB.

1.27 Vendor: A legally qualified corporation, partnership, or other business entity submitting a Bid to the Department in response to this ITB.

1.28 Weekend: As referred herein, Saturday and Sunday.

[Remainder of Page Left Blank Intentionally]

Agency Term Contract

SECTION 2: Introduction

2.1 Overview

The Department needs to purchase camera equipment, recording equipment, hardware, software, and parts, as well as equipment installation and system architecture, configuration, design, programming, technical, maintenance, and repair services for correctional institutions throughout the State. The Department previously procured these items through an ITB, resulting in the execution of ATC-18-027 and ATC-18-028.

2.2 ITB Timeline

The Department has established the following Timeline for this ITB. Each Vendor must adhere to this Timeline and any Timeline revision(s). The Department will post any Timeline revision as an addendum to the ITB advertisement in accordance with Section 3.2.1 of this ITB. Vendors are solely responsible for monitoring the VIP website for addenda relative to this ITB. All references to the “Timeline” herein refer to the Timeline in this section. All times below are Eastern Time (E.T.).

Event Occurrence Location (if applicable)

Release of ITB February 4, 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Last Day for Written

Questions to be Received by the

Department

February 18, 2025, by 5:00 p.m.

Submit via email to:

Purchasing@fdc.myflorida.com

Attn: Tammy Shaw Subject: ITB-24-038 IP Camera and Recording

Equipment, Parts, and Services

Anticipated Posting of

Written Responses to

Written Inquires

March 25, 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Sealed Bids Due and Opened

April 8, 2025, by 2:30 p.m.

Florida Department of Corrections Attn: Tammy Shaw

ITB-24-038 IP Camera and Recording Equipment, Parts, and Services

501 S. Calhoun Street Tallahassee, FL 32399

Anticipated Posting of

Recommended Award

May 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Agency Term Contract

ATC-26-002

https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/

SECTION 3: Key Information

3.1 Background

As Florida’s largest agency, and the third-largest state prison system in the United States, the FDC has 24,000 full-time employees, incarcerates approximately 80,000 inmates, and supervises nearly 145,000 offenders in the community. The Department’s Office of Institutions manages 143 facilities statewide, including major institutions, annexes, work camps, road prisons, forestry camps, re-entry centers, and community release centers. The Department’s Office of Community Corrections monitors and supervises adult offenders out of 130 offices within 20 judicial circuits. The Department divides its operations geographically into four (4) regions: Region I (the Panhandle), Region II (North Florida), Region III (Central Florida), and Region IV (South Florida). Each region has a Regional Director of Institutions who supervises all Wardens in that region and a Regional Director of Community Corrections who supervises all Circuit Administrators in that region.

3.2 Statement of Purpose

The purpose of this ITB is to secure Responsive Bids from Responsible Vendors to provide camera equipment, recording equipment, hardware, software, and parts; and/or installation, technical, and repair services, including hourly labor rates for equipment installation, system architecture, configuration, design, and programming, as well as emergency and non-emergency repair of cameras and recording equipment in correctional institutions throughout the State. The Department is issuing this ITB to establish new Contracts. Service or delivery locations may be found in Attachment IX of this ITB.

3.2.1 ITB Modifications

Once the Department advertises this ITB on the Vendor Information Portal (VIP), if it needs to change, supplement, modify, or revise any portion of its contents or exhibits, attachments, or other materials, it will advertise supplemental information as an addendum to this ITB on the VIP. Interested parties are solely responsible for monitoring the VIP website for addenda relative to this solicitation.

3.2.2 Order of Precedence

All Bids are subject to the terms of this ITB, which, in case of conflict, shall have the following order of precedence:

a) ITB addenda, in reverse order of issuance;

b) This ITB document, including any attachments or exhibits;

c) Form PUR 1000, referenced in Section 5.1 of this ITB; then

d) Form PUR 1001, referenced in Section 5.1 of this ITB.

3.3 ITB Outcome

3.3.1 Contract Term and Renewal

As a result of this ITB, the Department will award the successful Vendor(s) a Contract up to five (5) years. The awarded Contract may be renewed for up to five (5) additional years, or portions thereof, in accordance with Section 287.057(14), Florida Statutes (F.S). Contract pricing will be at firm percentage rates fixed below the Manufacturer’s Suggested Retail Price (MSRP) for commodities and at fixed hourly labor rates, as specified in the Vendor’s completed Attachment I, Price Sheet.

3.3.2 Purchases and Invoices

The Department may issue purchase orders (PO) through MyFloridaMarketPlace Ariba on Demand (MFMP AOD) or pay for deliverables via PCard. Throughout the

Agency Term Contract

Contract term, the Contractor shall invoice the Department in arrears, as required by Section 215.422, F.S. The Contractor's invoice shall include its name, mailing address, federal tax identification number (FEIN), PO number, the dates of service (if applicable), items provided (if applicable), and all relevant supporting documentation.

3.3.3 Substitutions

Upon Contract execution, the Contractor must provide only the items or services awarded. Substituted items delivered to the Department without prior written approval by the Department are prohibited, will be returned at the Contractor's expense, and may lead to termination of the Contract.

If an awarded item cannot be provided for reasons beyond the Contractor's control, such as a product discontinuance, the Contractor shall propose an alternative item to the Contract Manager for approval within 10 Days of receiving a PO from the Department. The alternative item must meet or exceed the terms, conditions, and requirements applicable to the item originally awarded. The Department may require a sample of the alternative item for review prior to approval. If required, the Contractor will deliver the sample to the Department's Central Office in Tallahassee, FL, or other location as directed at no cost to the Department. If the Contractor wants the sample returned, it will pay for shipping the item(s) back after the Department completes its review.

3.3.4 Addition/Deletion of Items or Service Locations

The Department reserves the right to add or delete products, services, and service locations after Contract execution when it is in the Department's best interest and within the general scope of this ITB. The Contractor’s pricing for products, services, and service locations added or substituted must be comparable to the prices established by this ITB. Any modification to add or delete products, services, or service locations will become effective only upon execution of a written amendment to the Contract.

3.3.5 Subcontracts

With prior written consent from the Department, the Contractor may enter written subcontracts to fulfill its Contract duties as indicated in this ITB. The Vendor must disclose anticipated subcontracts at the time of Bid submission and must provide a copy of the proposed subcontract to the Department with its Bid. No subcontract into which the Contractor enters for the performance of its duties under the Contract shall in any way relieve the Contractor of responsibility or liability associated with the performance of its Contract duties. All subcontractors shall comply with the Contract requirements to the same extent as the successful Vendor, including requirements regarding background checks and other security measures.

If a subcontractor is utilized by the Contractor, the Contractor shall pay the subcontractor within seven (7) Business Days after receipt of full or partial payments from the Department, in accordance with Section 287.0585, F.S. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract. The Contractor shall be solely liable to the subcontractor for all expenses and liabilities under the Contract. The Contractor’s failure, without reasonable cause, to pay a subcontractor within seven (7) Business Days will result in a penalty to be paid by the Contractor to the subcontractor in the amount of 0.5% of the amount due per Day past 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.

All subcontracts shall comply with the Department's Procedure 205.002 "Contract Management", and shall include the items noted below:

Agency Term Contract

• Identity of the subcontractor (i.e., company, individual, etc.) that will be performing the subcontracted services;

• Qualifications of the subcontractor;

• License(s) and certification(s) provided by the subcontractor, required to perform the subcontracted services; and

• Include the specific clauses noted below from the Contract between the

Contractor and the Department:

o Cooperation with the Inspector General o Cooperation with the Florida Senate and the Florida House of

Representatives o E-Verify o Staff Background/Criminal Records Checks

Additionally, all subcontractor agreements must include a statement from the proposed subcontractor acknowledging acceptance of and intent to be bound by the contract terms included in the Contract between the Department and the Contractor.

See also Section 6.6.2, related to E-Verify.

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Agency Term Contract

SECTION 4: Statement of Work

4.1 Scope of Work

The Contractor(s) shall provide camera equipment, recording equipment, hardware, software, and parts; and/or equipment installation and system architecture, configuration, design, programming, technical, maintenance, and repair services, as specified in this ITB.

Attachment I, Price Sheet, reflects the requirements for the products and/or services sought.

The Vendor(s) must bid only on the products and/or services specified in this ITB. The products and/or services sought in this ITB will be considered deliverables in the Contract.

4.1.1 General Description of Services

A. The Contractor(s) shall provide camera and recording equipment and associated hardware and software; and/or certified installation and programming services to replace or expand on existing camera systems.

B. The Contractor(s) shall provide appropriate parts for camera system repairs;

and/or certified installation and programming services as necessary.

C. The Contractor(s) shall provide hourly rates for certified professional services related to the installation and repair of camera systems, including:

a) Camera system architecture and design;

b) Camera system programming and configuration; and

c) Camera system maintenance and repairs.

D. The Department’s regular Business Hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, Local Time, excluding State holidays or other official closures.

For any services required after regular business hours, the Contractor will be compensated in accordance with the after Business Hours rate listed in Attachment I, Price Sheet.

4.1.2 Minimum Qualifications

Vendors submitting Bids for Attachment I, Group #2 and/or Group #4 must submit written documentation detailing a minimum of five (5) years of relevant experience with security camera installation, programming, and maintenance. The Vendor must also submit reference letters, including contact information, from a minimum of three

(3) clients for which it has completed moderate to large-scale security camera installations. Client reference letters must include information verifying the type and scale of installation project completed by the Vendor. Failure of a Vendor to provide proof of the minimum required experience outlined in this section will cause their Bid to be considered non-Responsive.

4.1.3 Contractor Responsibilities

The following services or service tasks are identified as Contractor responsibilities for the purpose of the resultant Contract:

A. The Contractor shall ensure all camera and recording equipment, parts, installations, and repairs are approved by the Department in advance of providing services.

B. The Contractor shall ensure items are ordered within three (3) Business Days of an issued PO and ensure items are delivered within 10 Days after an order is placed or contact the Contract Manager to arrange an agreed-upon timeframe.

C. The Contractor shall ensure all equipment (Cameras, switches, servers, and supporting software) for new installations are NDAA compliant. Supporting

Agency Term Contract documentation regarding NDAA compliance shall be submitted to the Contract Manager within an agreed-upon timeframe prior to the beginning of each project.

D. The Contractor shall ensure new camera systems are installed and programmed within timeframes coordinated and agreed upon with the Department. The Contractor must contact the Contract Manager to report issues that may reasonably result in a project not beginning on time or taking longer to complete than the agreed-upon timeframes and request written approval for an extension to complete the project.

E. The Contractor shall ensure a certified technician is onsite within four (4) Hours of receiving an emergency service call, or within a timeframe mutually agreed upon with the Department. To document response time, technicians shall sign the Department’s sign-in and sign-out log which shall be made available to the Contract Manager upon request.

F. The Contractor shall ensure a certified technician is onsite within 48 Business Hours of receiving a non-emergency service call. To document response time, technicians shall sign the Department’s sign-in and sign-out log which shall be made available to the Contract Manager upon request.

G. The Contractor shall ensure parts required for emergency repairs are installed by a certified technician within eight (8) Hours of identifying a repair issue, or within a timeframe mutually agreed upon with the Department. To document response time, technicians shall sign the Department’s sign-in and sign-out log which shall be made available to the Contract Manager upon request.

H. The Contractor shall ensure regular maintenance and repair parts are installed by a certified technician within 24 Business Hours of items being delivered. To document response time, technicians shall sign the Department’s sign-in and sign-out log which shall be made available to the Contract Manager upon request.

I. The Contractor shall employ an adequate number of staff and qualified technicians and appropriately monitor to ensure the requirements outlined in this ITB are successfully met as follows:

a) Contractors providing contracted services in accordance with Attachment I, Group #2 and/or Group #4 must be, or employ, an active Florida Licensed Electrical Contractor at all times during the term of the Contract. A copy of the Florida Electrical Contractor’s license shall be submitted to the Department upon Contract execution. Contractors shall also provide a copy to the Contract Manager at any time upon request within an agreed-upon timeframe;

b) Ensure only technicians who are certified by the manufacturer and have the appropriate experience required for each type of equipment or system they install, configure, program, or repair, are dispatched in response to service calls and/or to provide services. A copy of the technician’s certification of training by the manufacturer and a resumé outlining their related experience shall be submitted to the Contract Manager, upon written request, within an agreed-upon timeframe;

c) Ensure all staff have received background checks and proper clearance prior to being dispatched to an institution to provide services;

d) Ensure any of their staff providing services related to the Contract have the ability to speak and understand English to allow effective communication with Department staff;

e) Ensure their staff effectively communicates with, is responsive to, and

Agency Term Contract maintains good working relationships with Department employees and representatives; and

f) Ensure any of their staff providing services conduct themselves in a polite, professional, and respectful manner with Department employees and representatives at all times. Any behavior determined by the Department to be disrespectful, inappropriate, rude, or violent may be considered cause for Contract termination.

J. For services performed and delivery of products under the resultant Contract, the Contractor and its employees, agents, and subcontractors shall adhere to Attachment IV, Security Requirements for Contractors, as outlined under Section 4.4, Institutional and Facility Security.

K. The Department reserves the right to disallow any technician into any institution.

4.1.4 Quarterly Summary Report

Contractor(s) providing products in accordance with Attachment I, Group #1 and/or Group #3, shall provide the Contract Manager a quarterly summary report of all products purchased within 30 Days following the end of each calendar quarter (March 30, June 30, September 30, and December 31). Quarterly summary reports must provide, at a minimum, the 1) total number of orders placed during the quarter, 2) total dollar value of orders placed during the quarter, 3) total number of each item sold during the quarter, and 4) total dollar value of all items sold during the Contract term to date. If no items were purchased by the Department during a quarter period, a quarterly summary report shall be submitted indicating no purchases for that quarter.

The Department may, at its sole discretion, develop a format for the Contractor to use in reporting the information above. The Contractor shall utilize any format developed by the Department for this purpose. The Contractor’s failure to provide a quarterly summary report within 30 Days following the end of a quarter shall result in the assessment of financial consequences.

4.1.5 Annual Report

Contractor(s) providing equipment installation, programming, maintenance, and repair services in accordance with Attachment I, Group #2 and/or Group #4, shall provide the Contract Manager an annual report including a brief summary of each project that is currently in progress along with the start date of each project and their corresponding completion dates, and a summary of each project they have completed within the calendar year, in order of completion, including the beginning dates, completion dates, and total costs for each completed project.

The Department may, at its sole discretion, develop a format for the Contractor to use in reporting the required information. If so, the Contractor shall utilize any format developed by the Department for this purpose. The Contractor’s failure to provide an annual report within 30 Days following the end of each Contract year shall result in the assessment of financial consequences.

4.1.6 Delivery

Product(s) shall be shipped as Free on Board Destination to the appropriate destination, and arrive within 10 Days of PO issuance, or at the time mutually agreed upon between both Parties as reflected in the PO. Deliveries of commodities, or provision of services, must be made between 8:30 a.m. and 4:00 p.m., local time, Monday through Friday, excluding State holidays and other official closures, unless otherwise stated herein or on a subsequent PO. Freight will be permitted on each order if the Contractor is unable to deliver products, based on pre-approval by the Contract Manager to include overnight shipping.

Agency Term Contract

4.1.7 Damaged Goods

The Contractor shall file, process, and collect all claims for damaged goods. To assist the Vendor in the efficient handling of damage claims, the Department's staff receiving goods will:

a) Record any visible damage on all copies of the delivery carrier's Bill of Lading and provide the Contractor with a copy;

b) Report visible damage to the Vendor in writing within 15 Days of delivery; and

c) Retain the damaged item(s) and, if possible, its shipping container, including packing material, until the delivery carrier performs inspections, and the issue is resolved with the Contractor.

4.2 Routine and Formal Communication

Communication between the Department and the Contractor will be Routine or Formal as follows:

4.2.1 Routine

All regular, written communications generated by either party relating to Contract services. Routine communications must be acknowledged within two (2) Business Days and responded to within 30 Days of receipt via email.

4.2.2 Formal

Written communications related to significant issues such as Breach of Contract, failure to provide satisfactory performance, assessment of financial consequences, changes in service locations, or Contract termination. Formal communications will be clearly marked as a “Formal Communication” and must be acknowledged upon receipt and responded to within seven (7) Days of receipt via email. A date and numbering system will be used to track communications.

Unless mutually agreed upon as stated herein, the only personnel authorized to use Formal Contract communications are the Department’s Director of Facilities Management and Building Construction, the Department’s Bureau Chief of Maintenance and Repairs, the Department’s Bureau Chief of Business Operations, Contract Manager, and Contract Administrator. The Contractor’s Chief Executive Officer and Project Manager are the only Contractor personnel authorized to issue Formal Contract communications. Any other persons authorized to issue Formal Contract communications must be identified in writing within 10 Days of Contract execution and agreed upon by both parties. Notification of subsequent changes in authorized personnel must be provided in writing and mutually agreed upon prior to the individual issuing any Formal Contract communications.

If there is an urgent administrative issue as determined and identified by the Department; the Department will make contact with the Contractor, and the Contractor shall verbally respond to the Contract Manager within two (2) Business Hours. The Contractor shall verbally respond to all other administrative issues to the Contract Manager within 48 Business Hours.

The Contractor or their designee shall respond to inquiries, complaints, or grievances from or about inmates by providing all information or documentation the Department deems necessary within three (3) Business Days of receipt of the request.

4.3 Warranty Requirements

The Contractor shall guarantee all products purchased against nonconformance, manufacturing, and design defects. Upon notification of the defect by the Department, the Vendor must promptly cure any nonconforming or defective goods at no additional cost to the Department. The Contractor will bear all costs associated with curing the defect or nonconformance, including shipping/re-shipping and inspection costs. If the Vendor completes installation of an item the Department has purchased or otherwise provides services to the Department, the Contractor shall guarantee its work for 60 Days from the date of completion. During that time, the Vendor shall cure installation or service deficiencies

Agency Term Contract at no cost to the Department.

4.4 Institutional and Facility Security

4.4.1 The Contractor shall comply with Attachment IV, Security Requirements, on institutional and facility security policies. Violations of these rules could result in termination of the Contract. The Contractor shall contact, within 10 Days of execution of any Contract resulting from this ITB, the institution or facility to obtain a copy of any specific Institutional or facility rules.

4.4.2 Any Contractor staff or representative, assigned to work under the Contract, who will enter any Department Institution or facility where offenders are present or housed, shall be subject, at the Department’s expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime…