Common use of Financial Consequences Clause in Contracts

Financial Consequences. The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following Financial Consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that Financial Consequences for non- performance are an estimate of damages which are difficult to ascertain and are not penalties. The Financial Consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These Financial Consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit complete Quarterly Sales Reports in the MFMP Vendor Information Portal (VIP) and to the Department’s Contract Manager All Quarterly Sales Reports will be submitted timely with the required information Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 for each calendar day late Contractor will timely submit complete MFMP Transaction Fee Reports to the Department’s Contract Manager All MFMP Transaction Fee Reports will be submitted timely with the required information Completed reports are due on or before the 15th calendar day after the close of each month $100 for each calendar day late Timely delivery of the Fitter Lines for Products requested by the Customer Delivery of Fitter Lines for Products shall be within seven Business Days after receipt of the request from the Customer As ordered by Customers $100 for each calendar day late Timely delivery of Clothing Delivery of purchased Clothing shall be within 30 calendar days after receipt of the order As ordered by Customers 5% reduction in invoiced amount, for each calendar day late Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance and shall be within 45 calendar days after receipt of the order for Special Clothing or for a Product in a Seasonal Color.

Financial Consequences. The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following Financial Consequences financial consequences will apply for the Contractor’s non-performance under the Contract. The Customer and fand the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract Contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that Financial Consequences financial consequences for non- performance are an estimate of damages which are difficult to ascertain and are not penalties. The Financial Consequences financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These Financial Consequences financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. thereafter Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit complete Quarterly Sales Reports in the MFMP Vendor Information Portal (VIP) and to the Department’s Contract Manager All Quarterly Sales Reports will be submitted timely with the required information Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 for each calendar day late Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit complete MFMP Transaction Fee Reports to the Department’s Contract Manager All MFMP Transaction Fee Reports will be submitted timely with the required information Completed reports are due on or before the 15th calendar day after the close end of each month $100 for each calendar day late Timely delivery of the Fitter Lines for Products requested by the Customer Promotional Merchandise Delivery of Fitter Lines for Products Promotional Merchandise shall be within seven Business Days 45 calendar days after receipt of the request from the Customer order As ordered by Customers $100 for each calendar day late Timely delivery of Clothing Delivery of purchased Clothing Both the Department and Customer reserve the right to schedule business review meetings, which Contractor shall be within 30 calendar days after receipt of attend either virtually or in person. The Department or Customer may specify the order As ordered format or agenda for the meeting. At a minimum, the Business Review Meeting may include the following topics: a. Contract compliance. b. Contract savings (in dollar amount and cost avoidance) c. Spend reports by Customers 5% reduction in invoiced amount, Customer d. Recommendations for each calendar day late Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance improved compliance and shall be within 45 calendar days after receipt of the order for Special Clothing or for a Product in a Seasonal Color.performance

Financial Consequences. The Department reserves the right to impose following financial consequences when the Contractor fails to comply with the requirements of the Contract. The following Financial Consequences will apply for nonperformance of the Contract by the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to perform/comply with the provisions of the Contract. The Contractor and the Department agree that Financial Consequences These consequences for non- non-performance are an estimate of damages which are difficult not to ascertain and are not be considered penalties. The Financial Consequences below financial consequences will be paid via check or money order and received by made out to the Department of Management Services in US Dollars within 30 calendar days from after the due date specified by the Departmentrequired report submission date. These Financial Consequences below consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, quarter thereafter. Deliverable Performance Metric Metrics Description Performance Due Date Target Frequency Financial Consequence for Non-Non- Performance Contractor will timely submit complete (Per Day Late) Quarterly Sales Reports in the MFMP Vendor Information Portal (VIP) and to the Department’s Contract Manager All Report Submission Quarterly Sales Reports will be submitted timely with the required information Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 for each calendar day late Contractor will timely submit complete MFMP Transaction Fee Reports to the Department’s Contract Manager All MFMP Transaction Fee Reports will be submitted timely with the required information Completed reports Report are due on or before the 15th calendar day after the close of each month a quarter. 100% Quarterly $250 MFMP Transaction Fee Report MFMP Transaction Fee Report are due on or before the 15th calendar day after close of the period. 100% Monthly $100 8. Business Review Meetings: The Department reserves the right to schedule business review meetings as frequently as necessary. The Participating State will provide the format for each calendar day late Timely delivery the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor shall address the agenda items and any of the Fitter Lines Participating State’s additional concerns at the meeting. At minimum, the parties shall meet to discuss: • Program compliance • Program trending review • Savings report: Hard dollar and soft dollar • Spend report • Subcontractor and contingent staff performance • Recommendations for Products requested by the Customer Delivery of Fitter Lines for Products shall be within seven Business Days after receipt of the request from the Customer As ordered by Customers $100 for each calendar day late Timely delivery of Clothing Delivery of purchased Clothing shall be within 30 calendar days after receipt of the order As ordered by Customers improved compliance and performance SECTION 1. DEFINITION. 2 SECTION 2. CONTRACT TERM AND TERMINATION. 2 SECTION 3. PAYMENT AND FEES. 3 SECTION 4. CONTRACT MANAGEMENT 4 SECTION 5% reduction in invoiced amount. COMPLIANCE WITH LAWS. 6 SECTION 6. MISCELLANEOUS. 7 SECTION 7. LIABILITY AND INSURANCE… 9 SECTION 8. PUBLIC RECORDS, for each calendar day late Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance and shall be within 45 calendar days after receipt of the order for Special Clothing or for a Product in a Seasonal Color.TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY 10 SECTION 9. DATA SECURITY 12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 13 SECTION 11. CONTRACT MONITORING. 14 SECTION 12. CONTRACT AUDITS. 15 SECTION 13. BACKGROUND SCREENING AND SECURITY. 16

Financial Consequences. The Department reserves the right to impose financial consequences when the Contractor fails Failure to comply with the requirements of the ContractTerm Contract will result in the imposition of financial consequences. The following Financial Consequences financial consequences will apply for the Contractor’s non-failure to meet the performance metric standard and due date corresponding with the deliverables under the Term Contract. The Customer and the Contractor may agree to add impose additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase orderpurchase. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Term Contract termination termination, or nonrenewal, when the Contractor has failed to comply with the provisions of the Term Contract. The Contractor and the Department agree that Financial Consequences for non- performance are an estimate of damages which are difficult to ascertain and are not penalties. The Financial Consequences financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These Financial Consequences financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Term Contract performance and every month or quarter, respectively, thereafter. Financial Consequences Chart Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit complete Quarterly Sales Reports in the MFMP Vendor Information Portal (VIP) and to the Department’s Contract Manager All Quarterly Sales Reports will be submitted timely with the required information Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 for each calendar per day late Contractor will timely submit complete MFMP Transaction Fee Reports to the Department’s Contract Manager All MFMP Transaction Fee Reports will be submitted timely with the required information Completed reports are due on or before the 15th calendar day after the close of each month $100 for each calendar per day late Timely delivery Contractor will provide a Certified Operator to Customers’ Location within two hours of being initially contacted for Emergency Services Emergency Services response time meet the Fitter Lines for Products requested by Emergency Services section requirements in the Customer Delivery Scope of Fitter Lines for Products shall be Work Completed providing a Certified Operator to the Customers’ location within seven Business Days after receipt two hours of the request from the Customer As ordered by Customers being initially contacted $100 for each calendar day late Timely delivery of Clothing Delivery of purchased Clothing shall be within 30 calendar days after receipt of the order As ordered by Customers 5% reduction in invoiced amount, for each calendar day 50 per hour late Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance and Contractor shall be acknowledge all Customer inquiries within 45 calendar days after receipt 24 hours of being contacted Acknowledgement time shall meet the requirements of the order for Special Clothing or for a Product Personnel Requirements section in a Seasonal Color.the Scope of Work Contractor acknowledgement within 24 hours of being contacted $50 per day late

Financial Consequences. The Department or Customer, where applicable, reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following Financial Consequences financial consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that Financial Consequences financial consequences for non- non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The Financial Consequences financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These Financial Consequences financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit complete Quarterly Sales Reports in the MFMP Vendor Information Portal (VIP) and to the Department’s Contract Manager All Quarterly Sales Reports will be submitted timely with the required information Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 for each calendar per day late Contractor will All MFMP Completed $100 per day late timely submit Transaction Fee reports are due complete MFMP Transaction Fee Reports to the Department’s Contract Manager All MFMP Transaction Fee Reports will be submitted timely with the required information Completed reports are due on or before the Transaction Fee submitted timely 15th calendar day Reports with the required after the close end of information each month Contractor will provide timely acknowledgement and responses to Customer Inquiries All Customer inquiries will be acknowledged and responded to timely • Initial responses to Customer inquiries are due within 1 business day $100 for each calendar day late Timely delivery of 150 per occurrence • If the Fitter Lines for Products requested by Contractor’s initial response does not resolve the Customer Delivery of Fitter Lines for Products shall be within seven Business Days after receipt of inquiry, a follow-up response to the request from inquiry is due to Customer no later than 3 business days following the Customer As ordered initial response until inquiry is resolved, unless otherwise agreed upon by Customers $100 for each calendar day late Timely delivery of Clothing Delivery of purchased Clothing shall be within 30 calendar days after receipt of the order As ordered by Customers 5% reduction in invoiced amount, for each calendar day late ▇▇▇▇▇▇▇▇ and Contractor. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance /Not Received by the Contract Manager Contractor will provide timely and shall accurate invoicing to Customers All Customer invoices will be within 45 provided timely and accurately upon Customer acceptance of delivery • Invoices are due to be submitted to Customers no later than 30 calendar days after receipt Customer acceptance. $100 per calendar day late up to $1,000 • Invoices requiring correction are due to be resubmitted to Customers within 30 calendar days after notification of the order for Special Clothing or for a Product in a Seasonal Colorinaccurate invoice.

Financial Consequences. The Financial Consequences may be assessed for failure to timely perform or submit a report as required by the Contract and shall be paid via check or money order in US Dollars, and made out to the Department reserves of Management Services, within thirty (30) calendar days after the right required report submission date. Financial consequences may be assessed on a daily basis for each individual failure until the performance or submittal is accomplished and will apply to impose financial consequences when the Contractor fails to comply each target period beginning with the requirements first full month or quarter of the Contract. The following Financial Consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase ordereach and every month and quarter thereafter. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the these provisions of the Contract. The Contractor and the Department agree that Financial Consequences the financial consequences for non- non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The In addition to Customer Specific Financial Consequences below will be paid and received by within the Department Customer Specific Scope of Management Services within 30 calendar days from Work, the due date specified by the Department. These following Financial Consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. shall apply: Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Non- Performance (Per Calendar Day Late/Not Received by the Contract Manager) Contractor will timely submit complete Quarterly Sales Reports in the MFMP Vendor Information Portal (VIP) and to the Department’s Contract Manager All Quarterly Sales Reports will be submitted timely with the required information Completed reports Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 for each calendar day late Contractor will timely submit complete MFMP Transaction Fee Reports to the Department’s Contract Manager All MFMP Transaction Fee Reports will be submitted timely with the required information Completed reports Reports are due on or before the 15th calendar day after the close of each month $100 for each calendar day late Timely delivery Prices may not be adjusted during the initial term of the Fitter Lines Contract. For the renewal term of the Contract, the prices will be the renewal term prices specified on the Cost Proposal; however, the renewal term prices may be adjusted no earlier than twelve (12) months after the start date of the renewal term and, thereafter, or no earlier than twelve (12) months after the effective date of the previous price adjustment. Price increases must be supported by a change in the Producer Price Index (PPI) for Products requested the Series ID(s) shown in the table below. This information is published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS), and is available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/data/. Production Print Copying PCU32311K32311K5 Digital printing Sorting PCU323120323120 Support activities for printing Fulfillment Services Mail Services Customer Delivery Service Associate Mail Services Supervisor PCU561380561380102 Temporary help services, light and heavy industrial Local Courier Service Route(s) PCU4921104921101 Standard courier services Storage/Warehousing PCU493110493110 General warehousing and storage Document Composition PCU561380561380101 Temporary help services, office and clerical The change in PPI for the first price adjustment after the start date of Fitter Lines for Products the renewal term shall be within seven Business Days after receipt determined using the PPI for the month in which the renewal term began and the latest available non-preliminary PPI at the time of the price adjustment request from (a preliminary PPI is indicated on the Customer As ordered by Customers $100 BLS website with a “(P)” notation). The change in PPI for each calendar day late Timely delivery of Clothing Delivery of purchased Clothing second and subsequent price adjustments shall be within 30 calendar days after receipt determined using the latest PPI that was used to support the previous price adjustment and the latest available non-preliminary PPI at the time of the order As ordered request. When requesting a price increase, the Contractor shall submit a written justification to the contract manager detailing the reason(s) for the request; an increase in the PPI is not sufficient justification for a price increase by Customers 5% reduction itself. Price increases shall not exceed the percent change in invoiced amountPPI or three percent (3%), for each calendar day late Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance and whichever is less. The percent change in PPI shall be within 45 calendar days after receipt calculated using the following formula: = 𝑍 A = earliest PPI (PPI at the time the renewal term began or previous price adjustment) B = latest PPI (latest available non-preliminary PPI at the time of price adjustment request) Z = percent change in PPI The Department reserves the exclusive right to approve or deny any price adjustment request. Price adjustments will not be considered for any Contractor with any contractual non- performance issues including, but not limited to, outstanding fees or monies due under this Contract or overdue reports or documentation including, but not limited to, a Quarterly Sales Report or an MFMP Transaction Fee Report. A price adjustment does not constitute a change to the Contract requiring an amendment executed by both Parties. After the Department approves a price adjustment in a written communication to the Contractor, it will incorporate the price adjustment onto the price sheet listed on the State Purchasing Contract website. Price adjustments may not be applied retroactively. The Department reserves the right to request price decreases at any time during the term of the order for Special Clothing or for a Product Contract if it is found to be in a Seasonal Colorthe best interest of the State. Price decreases issued by the Contractor are permissible at any time during the initial and renewal terms.

Financial Consequences. The Department reserves the right to impose financial consequences when the Contractor fails Failure to comply with the requirements of the ContractTerm Contract will result in the imposition of financial consequences. The following Financial Consequences financial consequences will apply for the Contractor’s non-failure to meet the performance metric standard and due date corresponding with the deliverables under the Term Contract. The Customer and the Contractor may agree to add impose additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase orderpurchase. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Term Contract termination termination, or nonrenewal, when the Contractor has failed to comply with the provisions of the Term Contract. The Contractor and the Department agree that Financial Consequences for non- performance are an estimate of damages which are difficult to ascertain and are not penalties. The Financial Consequences financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These Financial Consequences financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Term Contract performance and every month or quarter, respectively, thereafter. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit complete Quarterly Sales Reports in the MFMP Vendor Information Portal (VIP) and to the Department’s All Term Contract Manager All Quarterly Sales Reports will be submitted timely with the required information Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter submit complete Term Contract $250 for each calendar per day late Quarterly Sales Reports Contractor will timely submit complete MFMP Transaction Fee Reports to the Department’s Contract Manager All MFMP Transaction Fee Reports will be submitted timely with the required information Completed reports are due on or before the 15th calendar day after the close of each month $100 for each calendar per day late Timely delivery Contractor will timely submit completed COOP All COOPs will be submitted timely with the required information Annually after the anniversary date of the Fitter Lines for Products requested by the Customer Delivery of Fitter Lines for Products shall be within seven Business Days after receipt start date of the request from the Customer As ordered by Customers Term Contract $100 for each calendar per day late Timely delivery Contractor will timely implement the COOP The COOP will be implemented to avoid operational interruption on a short-term or long- term basis COOP implementation shall begin within one Business Day of Clothing Delivery of purchased Clothing shall be within 30 calendar days after receipt events outside of the order As ordered by Customers 5% reduction in invoiced amount, for each calendar Contractor’s control $100 per day late Deliverable Performance Metric Performance Due Date Financial Consequence Contractor will adhere to the designated pickup and delivery time and location 100% Compliance by Contractor On the date services are contracted to be performed $50 per occurrence Contractor shall provide required staff or backup staff for Non-Performance all Mail Services in accordance with this Term Contract 100% Compliance by Contractor On the dates services and shall staffing are contracted to be within 45 calendar days performed $100 per day late Procedures Manual due to the Department 100% Compliance by Contractor Annually after receipt the anniversary date of the order for Special Clothing or for a Product in a Seasonal Color.start date of the Term Contract $100 per day late

Financial Consequences. The Financial Consequences may be assessed for failure to timely perform or submit a report as required by the Contract and shall be paid via check or money order in US Dollars, and made out to the Department reserves of Management Services, within thirty (30) calendar days after the right required report submission date. Financial consequences may be assessed on a daily basis for each individual failure until the performance or submittal is accomplished and will apply to impose financial consequences when the Contractor fails to comply each target period beginning with the requirements first full month or quarter of the Contract. The following Financial Consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase ordereach and every month and quarter thereafter. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the these provisions of the Contract. The Contractor and the Department agree that Financial Consequences the financial consequences for non- non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The In addition to Customer Specific Financial Consequences below will be paid and received by within the Department Customer Specific Scope of Management Services within 30 calendar days from Work, the due date specified by the Department. These following Financial Consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. shall apply: Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Non- Performance (Per Calendar Day Late/Not Received by the Contract Manager) Contractor will timely submit complete Quarterly Sales Reports in the MFMP Vendor Information Portal (VIP) and to the Department’s Contract Manager All Quarterly Sales Reports will be submitted timely with the required information Completed reports Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 for each calendar day late Contractor will timely submit complete MFMP Transaction Fee Reports to the Department’s Contract Manager All MFMP Transaction Fee Reports will be submitted timely with the required information Completed reports Reports are due on or before the 15th calendar day after the close of each month $100 for each calendar day late Timely delivery Prices may not be adjusted during the initial term of the Fitter Lines Contract. For the renewal term of the Contract, the prices will be the renewal term prices specified on the Cost Proposal; however, the renewal term prices may be adjusted no earlier than twelve (12) months after the start date of the renewal term and, thereafter, or no earlier than twelve (12) months after the effective date of the previous price adjustment. Price increases must be supported by a change in the Producer Price Index (PPI) for Products requested the Series ID(s) shown in the table below. This information is published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS), and is available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/data/. Production Print Copying PCU32311K32311K5 Digital printing Sorting PCU323120323120 Support activities for printing Fulfillment Services PCU561380561380102 Temporary help services, light and Mail Services Customer Delivery heavy industrial Service Associate Mail Services Supervisor Local Courier Service Route(s) PCU4921104921101 Standard courier services Storage/Warehousing PCU493110493110 General warehousing and storage Document Composition PCU561380561380101 Temporary help services, office and clerical The change in PPI for the first price adjustment after the start date of Fitter Lines for Products the renewal term shall be within seven Business Days after receipt determined using the PPI for the month in which the renewal term began and the latest available non-preliminary PPI at the time of the price adjustment request from (a preliminary PPI is indicated on the Customer As ordered by Customers $100 BLS website with a “(P)” notation). The change in PPI for each calendar day late Timely delivery of Clothing Delivery of purchased Clothing second and subsequent price adjustments shall be within 30 calendar days after receipt determined using the latest PPI that was used to support the previous price adjustment and the latest available non-preliminary PPI at the time of the order As ordered request. When requesting a price increase, the Contractor shall submit a written justification to the contract manager detailing the reason(s) for the request; an increase in the PPI is not sufficient justification for a price increase by Customers 5% reduction itself. Price increases shall not exceed the percent change in invoiced amountPPI or three percent (3%), for each calendar day late Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance and whichever is less. The percent change in PPI shall be within 45 calendar days after receipt of calculated using the order for Special Clothing or for a Product in a Seasonal Color.following formula:

Financial Consequences. The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following Financial Consequences financial consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that Financial Consequences financial consequences for non- non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The Financial Consequences financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These Financial Consequences financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit complete Quarterly Sales Reports in the MFMP Vendor Information Portal (VIP) and to the Department’s Contract Manager All Quarterly Sales Reports will be submitted timely with the required information Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 for each calendar day late Contractor will timely submit complete MFMP Transaction Fee Reports to the Department’s Contract Manager All MFMP Transaction Fee Reports will be submitted timely with the required information Completed reports are due on or before the 15th calendar day after the close end of each month $100 for each calendar day late Timely delivery of the Fitter Lines for Products requested by the Customer Delivery of Fitter Lines for Products shall be within seven Business Days after receipt of the request from the Customer As ordered by Customers $100 for each calendar day late Timely delivery of Clothing Delivery of purchased Clothing shall be within 30 calendar days after receipt of the order As ordered by Customers 5% reduction in invoiced amount, for each calendar day late Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance (Per Calendar Day Late/Not Received by the Contract Manager) Contractor will timely deliver equipment to the Customer. All equipment will be fully fueled and shall lubricated and be ready for use. All equipment will be delivered within 45 calendar days after receipt of the order time frame identified in Exhibit C, Price Sheet. Time frames listed are for Special Clothing or for equipment in stock and are readily available from the local store. Time frames do not apply to those rentals impacted by a Product force majeure event; in a Seasonal Color.such event Sunbelt will leverage our network to source the request and provide it as mutually agreed to. $100