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<br />packed for shipment, storage, and stocking in appropriate, clearly
<br />labeled, shipping containers and according to accepted commercial
<br />practice, without extra charge for packing materIals, cases, or other
<br />types of containers. All containers and packaging shall become
<br />and remain Customer's property.
<br />
<br />7. Manufacturer's Name and Approved Equivalents. Unless
<br />otherwise specified, any manufacturers' names, trade names,
<br />brand names, information or catalog numbers listed in a
<br />specification are descriptive, not restrictive. With the Customer's
<br />prior approval, the Contractor may provide any product that meets
<br />or exceeds the applicable specifications. The Contractor shall
<br />demonstrate comparability, including appropriate catalog materials,
<br />literature, specifications, test data, etc. The Customer shall
<br />determine in its sole discretion whether a product is acceptable as
<br />an equivalent.
<br />
<br />8. Inspection at Contractor's Site. The Customer reserves the right
<br />to inspect, at any reasonable time with prior notice, the equipment
<br />or product or plant or other facilities of a Contractor to assess
<br />conformity with Contract requirements and to determine whether
<br />they are adequate and suitable for proper and effective Contract
<br />performance.
<br />9. Safety Standards. All manufactured nems and fabricated
<br />assemblies subject to operation under pressure, operation by
<br />connection to an electric sourcet or operation involving connection
<br />to a manufactured, natural, or LP gas source shall be constructed
<br />and approved in a manner acceptable to the appropriate State
<br />inspector. Acceptability customarily requires, at a minimum,
<br />identification marking of the appropriate safety standard
<br />organization, where such approvals of listings have been
<br />established for the type of device offered and furnished, for
<br />example: the American Society of Mechanical Engineers for
<br />pressure vessels; the Underwriters Laboratories and/or National
<br />Electrical Manufacturers' Association for electrically operated
<br />assembJies; and the American Gas Association for gas-operated
<br />assemblies. In addition, all items furnished shall meet all applicable
<br />requirements of the Occupational Satety and Health Act and state
<br />and federal requirements relating to clean air and water pollution.
<br />
<br />10. Americans wnh Dlaabllltles Act. Contractors should Identity any
<br />products that may be used or adapted for use by visually, hearing,
<br />or other physically impaired individuals.
<br />
<br />11. Literature. Upon request, the Contractor shall fumish literature
<br />reasonably related to the product offered, for example, user
<br />manuals, price schedules, catalogs, descriptive brochures, etc.
<br />
<br />12. Transportation and Delivery. Prices shall include all charges for
<br />packing, handling, freight, distribution, and inside delivery.
<br />Transportation of goods shall be FOB Destination to any point
<br />within thirty (30) days after the Customer places an Order. A
<br />Contractor, within five (5) days after receiving a purchase order,
<br />shaH notify the Customer of any potential delivery delays. Evidence
<br />of inability or intentional delays shall be cause for Contract
<br />cancellation and Contractor suspension.
<br />
<br />13. Installation. Where installation is required, Contractor shall be
<br />responsible for placing and installing the product in the required
<br />locations at no additional charge, unless otherwise designated on
<br />the purchase order. Contractor's authorized product and price list
<br />shall clearly and separately identify any additional installation
<br />charges. All materials used in the installation shall be of good
<br />Quality and shall be free of defects that would diminish the
<br />appearance of the product or render it structurally or operationally
<br />unsound. Installation Includes the fumishing of any equipment,
<br />rigging, and materials required to install or replace the product in
<br />the proper location. Contractor shall protect the site from damage
<br />and shall repair damages or injury caused during installation by
<br />Contractor or its employees or agents. If any alteration,
<br />dismantling, excavation, etc., is required to achieve installation, the
<br />Contractor shall promptly restore the structure or site to Its original
<br />condition. Contractor shall perform installation work so as to cause
<br />the least inconvenience and interference with Customers and with
<br />proper consIderation of others on site. Upon completion of the
<br />installation, the location and surrounding area of work shall be left
<br />clean and in a neat and unobstructed condition, with everything in
<br />
<br />satisfactory repair and order.
<br />
<br />14. Risk of Loss. Matters of inspection and acceptance are addressed
<br />in s. 215.422, F.S. Until acceptance, risk of loss or damage shall
<br />remaìn with the Contractor. The Contractor shall be responsible for
<br />filing, processing, and coUecting all damage claims. To assist the
<br />Contractor with damage claims, the Customer shall: record any
<br />evìdence of visible damage on all copies of the delivering carrier's
<br />Bill of Lading; report damages to the carrier and the Contractor; and
<br />provide the Contractor with a copy of the carrier's Bill of Lading and
<br />damage inspection report. When a Customer rejects a product,
<br />Contractor shall remove it from the premises within ten days after
<br />notification or rejection. Upon rejection notìfìcation, the risk of loss
<br />of rejected or non-confonning product shall remain with the
<br />Contractor. Rejected product not removed by the Contractor within
<br />ten days shall be deemed abandoned by the Contractor, and the
<br />Customer shall have the right to dispose of it as its own property.
<br />Contractor shall reimburse the Customer for costs and expenses
<br />incurred in storing or effecting removal or disposition of rejected
<br />product.
<br />
<br />*1 S. Transaction Fee. The State of Florida has instituted
<br />MyFloridaMarketPlace, a statewide eProcurement System
<br />("System"). Pursuant to section 287.057(23), Florida Statutes
<br />(2002), all payments shan be assessed a Transaction Fee of one
<br />percent (1.0%), which the Contractor shall pay to the State, unless
<br />exempt pursuant to 60A-' .032, FAC.
<br />
<br />For payments within the state accounting system (F~IR or its
<br />successor), the Transaction Fee shall, when possible, be
<br />automatically deducted from payments to the Contractor. If
<br />automatic deduction is not possible, the Contractor shall pay the
<br />Transaction Fee pursuant to Rule 60A-1.03112), FAC. By
<br />submission of these reports and corresponding payments,
<br />Contractor certifies their correctness. All such reports and
<br />payments shaH be subject to audit by the State or its designee.
<br />
<br />Contractor shall receive a credit for any Transaction Fee paid by
<br />the Contractor for the purchase of any Item(s) if such item(s) are
<br />returned to the Contractor through no fault, act, or omission of the
<br />Contractor. Notwithstanding the foregoing, a Transaction Fee is
<br />non-refundable when an item is rejected or returned, or declined,
<br />due to the Contractor's failure to perfonn or comply with
<br />specifications or requirements of the agreement.
<br />
<br />Failure to comply with these requirements shall constitute grounds
<br />for declaring the Contractor in default and recovering
<br />reprocurement costs from the Contractor In addition to all
<br />outstanding fees. CONTRACTORS DEUNQUENT IN PAYING
<br />TRANSACTION FEES SHALL BE EXCLUDED FROM
<br />CONDUCTING FUTURE BUSINESS WITH THE STATE.
<br />
<br />16. InvoicIng and Payment Invoices shall contain the Contract
<br />number, purchase order number, and the appropriate vendor
<br />identification number. The State may require any other information
<br />from the Contractor that the State deems necessary to verify any
<br />purchase order placed under the Contract. At the State's option,
<br />Contractors may be required to invoice electronically pursuant to
<br />guidelines of the Department of Management Services. Current
<br />guidelines require that Contractor supply electronic invoices in lieu
<br />of paper-based invoices for those transactions processed through
<br />the system. Electronic invoices shall be submitted to the Customer
<br />through the Ariba Supplier Network (ASN) in one of the following
<br />mechanisms - EDI 810, cXML, or web-based invoice entry within
<br />the ASN.
<br />
<br />Payment shall be made in accordance with sections 215.422 and
<br />287.0585 of the Florida Statutes, which govern time limits for
<br />payment of ìnvoìces. Invoices that must be returned to a COntractor
<br />due to preparation errors will result in a delay in payment.
<br />Contractors may call (850) 413-7269 Monday through Friday to
<br />inquire about the status of payments by State Agencies. The
<br />Customer ìs responsible for all payments under the Contract. A
<br />Customer's failure to pay, or delay in payment, shall not constitute a
<br />breach of the Contract and shall not relieve the Contractor of its
<br />obligations to the Department or to other Customers.
<br />
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