Amendment 1 - Renewal (Cisco Sytems, Inc.).pdf

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Attached to
Data Communications Products and Services
Contract number
43220000-NASPO-19-ACS
Issued by
Florida

About this file

This document is a Contract Amendment No. 1 between the State of Florida's Department of Management Services and Cisco Systems, Inc., involving a NASPO (National Association of State Procurement Officials) contract for Data Communications Products and Services. The contract was originally effective June 9, 2021, and is being amended through a mutual agreement between the parties.

The amendment primarily extends the Master Agreement for two years, establishing a new expiration date of September 30, 2026. The amendment adds several new statutory certifications, including requirements for Foreign Country of Concern Attestation, Vendor Certification, Forced Labor Certification, and Coercive Labor or Services certification. These additions impose new reporting and compliance obligations on Cisco, such as submitting annual vendor certification forms, attesting to the absence of forced labor in their supply chain, and promptly notifying the Department of Management Services about any changes that might compromise their ability to perform under the contract.

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CONTRACT AMENDMENT NO.: 1

Contract No.: 43220000-NASPO-19-ACS

Contract Name: Data Communications Products and Services

Rev. 11/2/22

Cisco Confidential

This Contract Amendment to Contract No. 43220000-NASPO-19-ACS (“Contract”) is made by the State of Florida, Department of Management Services (“Department”) and Cisco Systems, Inc. (“Contractor”), with its principal place of business located at 170 W. Tasman Drive, San Jose, CA 95134 collectively referred to herein as the “Parties.”

WHEREAS the Parties entered into the Contract which became effective on June 9, 2021, for the provision of Data Communications Products and Services;

WHEREAS the Master Agreement was renewed for a period of two years, with a new Master Agreement expiration date of September 30, 2026, and;

WHEREAS the Parties agree to renew the Contract as provided for in Exhibit B, Special Contract Conditions, subsection 2.2, Renewal; and;

WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in Exhibit B, Special Contract Conditions subsection 6.9, Modification and Severability.

ACCORDINGLY, and in consideration of the mutual promises contained in the Contract documents, the Parties agree as follows:

I. Contract Renewal. The Contract is renewed for a period of two years pursuant to the same terms and conditions of the Contract and any executed written amendments, with a new Contract expiration date of September 30, 2026.

II. Contract Amendment. Exhibit A, Additional Special Contract Conditions is hereby amended to add Section R. Statutory Certifications, which is hereby added with the following terms:

R. Statutory Certifications. The following additions are made to Exhibit B, Special Contract Conditions.

5.7 Foreign Country of Concern Attestation.

If the Contract or Customer’s purchase order issued pursuant to this Contract grants the Contractor access to an individual’s personal identifying information as defined in section 501.171, Florida Statutes, the Contractor must, prior to execution, extension, or renewal of this Contract or Customer purchase order, complete and submit to the applicable Governmental Entity the Form PUR 1355, “Foreign Country of Concern Attestation Form,” available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15958.

Docusign Envelope ID: 5E30829E-D662-49BA-AF31-132EEDE69D8B https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.flrules.org%2FGateway%2Freference.asp%3FNo%3DRef-15958&data=05%7C02%7CJesse.Marks%40dms.fl.gov%7C6083f612a742498174e908dc171c5717%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638410657760136204%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=rpBCPJOi9FVr%2FqHB1bJ2oMzVn5bFOokEAqIr%2Byq8of8%3D&reserved=0

5.9 Vendor Certification Form.

Upon the effective date of this Contract Amendment, and each year on the anniversary date of the Contract Amendment, the Contractor shall submit to the Department a completed PUR 7801, Vendor Certification Form.

Additionally, the Contractor shall promptly notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract as a result of changes to Contractor’s responses to PUR 7801 (including potential inability to renew the Contract due to section 287.138, F.S.) or if it becomes aware that its suppliers, subcontractors, or consultants under the Contract are placed on the Suspended Vendor, Convicted Vendor, Discriminatory Vendor, or Antitrust Violator Vendor Lists.

5.10 Forced Labor Certification.

The Contractor is hereby informed of the provisions of section 287.1346, F.S. that identify the impacts to a vendor’s ability to respond to the competitive solicitations of a state agency;

to be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a state agency; or to transact business for the provision of commodities with a state agency if it, or entities under the control of the vendor, is placed on the forced labor list in accordance with section 287.1346, F.S. The Contractor will submit, prior to entering into or renewing the Contract, PUR 2024, Part B from senior management, as defined in section 287.1346(1)(c), F.S., which certifies to the best of their knowledge the commodities being offered pursuant to this solicitation have not been produced, in whole or in part, by forced labor. In accordance with section 287.1346, F.S., the vendor certifies it, and any entity under the control of vendor, has not been placed on the Forced Vendor List within the past 365 days or, if placed on the Forced Vendor List, has been removed pursuant to section 287.1346(5)(d), F.S. The Department may, at its option, terminate the Contract if the Contractor is placed on the forced labor vendor list.

5.11 Coercive Labor or Services.

The Contractor will submit, prior to executing, renewing, or extending the Contract, PUR 2024, Part A from an officer or representative of the nongovernmental entity, attesting that the nongovernmental entity does not use coercion for labor or services as defined in section 787.06, F.S.

III. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.

IV. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the

Contract, the terms of this Amendment shall control.

V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment is effective when signed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives.

State of Florida:

Department of Management Services

Contractor:

Cisco Systems, Inc.

By: _____________________________

By: _____________________________

Name: Pedro Allende Name:

Title: Secretary Title:

Date: Date:

Jenn Baenziger

Authorized Signatory

9/27/2024 | 4:56 PM EDT9/30/2024 | 3:26 PM EDT

2024-09-30T13:20:09-0700
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