Financial Consequences for Nonperformance. The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal, when the Contractor has failed to perform under or comply with the provisions of this contract. When or if the Contractor fails to perform or comply with provisions of this contract, the Contractor has ten (10) calendar days from receipt of Complaint to Vendor Form (PUR 7017) to comply as instructed within the notice. An amount of $500.00 may be assessed for each day the Contractor is delinquent after the ten (10) day notice period ends, and that amount may be withheld from a Contractor’s invoice. The rights and remedies of the State in this paragraph are not considered penalties and are in addition to any other rights and remedies provided by law. Contractors shall identify any equipment or parts covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. During the Contract Term, section 1.4, the Department shall have the right to add or delete Commodities, Groups, or Manufacturer or Brand Names to or from this agreement by adding them to or removing them from the Price Sheet, Attachment A. Any new Commodities, Groups, or Manufacturer or Brand Names added shall be at the requirements, specifications, terms, and conditions herein or as later stipulated by the Department, and at mutually agreed pricing and discounts accepted, in writing, by both the Contractor and the Department. Commodities, Groups, or Manufacturer or Brand Names may be removed at the sole discretion of the Department, per the requirements, specifications, terms, and conditions herein or as permitted by Florida Statutes or Florida Administrative Code.
Appears in 16 contracts
Samples: Contract Renewal, Contract, Contract
Financial Consequences for Nonperformance. The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal, when the Contractor has failed to perform under or comply with the provisions of this contract. When or if the Contractor fails to perform or comply with provisions of this contract, the Contractor has ten (10) calendar days from receipt of Complaint to Vendor Form (PUR 7017) to comply as instructed within the notice. An amount of $500.00 100.00 may be assessed for each day the Contractor is delinquent after the ten (10) day notice period ends, and that amount may be withheld from a Contractor’s invoice. The rights and remedies of the State in this paragraph are not considered penalties and are in addition to any other rights and remedies provided by law. Contractors shall identify any equipment or parts products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. During the Contract Term, section 1.4, Term the Department shall have the right to add or delete Commodities, Groups, or Manufacturer or Brand Names Manufacturer/Brands to or from this agreement by adding them to or removing them from the Price Sheet, Attachment A. Discount sheetcontract. Any new Commodities, Groups, or Manufacturer or Brand Names Manufacturer/Brands added shall be at the requirements, specifications, terms, and conditions herein or as later stipulated by the Department, and at mutually agreed pricing and discounts accepted, in writing, by both the Contractor and the Department. Commodities, Groups, or Manufacturer or Brand Names Manufacturer/Brands may be removed at the sole discretion of the Department, per the requirements, specifications, terms, and conditions herein or as permitted by Florida Statutes or Florida Administrative Code. Prices may be adjusted annually beginning 12 months after the contract effective date based on the percent change (up or down) of the Producers Price Index (PPI). Price increase requests that exceed corresponding Producer Price Index (PPI) for the commodity category may not be approved. Price adjustments correlate with the PPI for the Series ID’s in the table below and as published by the Bureau of Labor Statistics, in the Department of Labor, Washington, DC 20212. These reports are accessible at the following website: xxxx://xxx.xxx.xxx/data/ . 1 3322 Cutlery & Handtool [General Hardware] Mfg 3322-3322-Cutlery & handtool mfg December 2012 2, 3, 4, 5, 6 33299T Small arms, ordnance, and ordnance accessories mfg 33299T33299T7 Ordnance and ordnance accessories [not elsewhere classified] December 1985 7,8,9 332992 Small Arms Ammunition mfg 3329923329920 – Small Arms Ammunition December 2006 When requesting a price increase, the Contractor must submit the Price and Product Update Form (Attachment H) to the Contract Manager no less than thirty (30) days prior to the requested effective date to have the price adjustment processed. In addition, the Contractor may submit a justification in writing detailing the reasons for the price adjustment request and demonstrating the calculable change in PPI over the preceding number of months prior of the Contract that supports a price adjustment. However, the Department will not consider a price adjustment within one hundred fifty (150) days of Contract termination, including any renewal terms. Products may be added or deleted due to discontinuation monthly beginning the first month after the contract effective date. When requesting a product update, the Contractor must submit the Price and Product Update Form (Attachment H) to the Contract Manager no less than fourteen (14) days prior to the requested effective date to have the additions or deletions processed. However, the Department will not consider a product update within sixty (60) days of Contract termination, including any renewal terms. The Department reserves the exclusive right to accept or reject any request for price adjustments and product updates or deletions. Price adjustments may be effective only upon written approval by the Department and may not be applied retroactively. The Department reserves the right to request price decreases at any time during the term of the Contract if it’s found to be in the best interest of the State. Compliance with Laws, Rules, Codes, Ordinances, and Licensing Requirements The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. For example, Chapter 287 Florida Statutes, and Rule Chapter 60A of the Florida Administrative Code govern the contract. The Contractor shall comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. Violation of any laws, rules, codes, ordinances, or licensing requirements may be grounds for contract termination or nonrenewal of the contract.
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Samples: Contract
