CN-700000-16006-AMD #7.pdf

Amendment #07

ATC-16-006

Grease Trap Pumping Services

This Amendment (“Amendment”), effective the date fully executed below, to the Agency Term Contract ATC-16-006 is between the State of Florida, Department of Corrections (“Department”) and BPS Incorporated (“Contractor”). The Department and Contractor are collectively referred to herein as the “Parties,” and individuals as a “Party.” All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein.

1.0 MODIFICATIONS

In accordance with Section V. Amendments of the above-referenced Contract, the following modifications are hereby applied:

1.1 Section VII. Contract Management, first paragraph is hereby revised as follows:

The Department employee who is primarily responsible for maintaining the Contract Administration file is:

ATC Administrator Contract Administrator Bureau of Procurement Department of Corrections 501 S. Calhoun Street, Suite 317328 Tallahassee, FL 32399-2500 Telephone (850) 717-3700 Email: Purchasing@fdc.myflorida.com

1.2 Section X. Subcontracts, is hereby revised as follows:

The Contractor is fully responsible for all work performed under duties of this Contract.

The Contractor may, uUpon receiving written consent from the Department’s Contract Manager, or designee, the Contractor may enter into a written subcontract(s) for performance of to perform certain functions duties under this Contract. No subcontract, into which the Contractor enters with respect to for the performance of any of its functions duties under this Contract, shall in any way relieve the Contractor of any responsibility for the performance of its contractual duties. All payments to subcontractors shall be made by the Contractor. The Contractor shall make all payments to subcontractors.

It is understood and agreed that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities under this Contract. All subcontractors are subject to the same background check requirements as are referenced in Exhibit A.

mailto:Purchasing@fdc.myflorida.com

Amendment #07 Page 2 of 20

1.2 Section XI. Price Adjustments, is hereby revised as follows:

XI. Price Adjustments Decreases

Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated. All prices are firm and shall be held for the duration of the Contract term. Equitable price adjustments shall only be considered if they are received and justified in accordance with the PUR 1000, as referenced in Exhibit A.

1.3 Section XIV. Other Conditions, H. Force Majeure is hereby revised as follows:

H. Force Majeure

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

1.4 Section XIV. Other Conditions, K. Force Majeure is hereby revised as follows:

K. Scrutinized Companies Contractor Certification

The Contractor certifies they are not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the resulting Contract exceeds $1,000,000.00 in total, not including renewal years, the Contractor certifies that they are not listed on either 1) the Scrutinized Companies with Activities in Sudan List, or 2) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to under Sections 215.473, F.S., and 215.4725, F.S., and further certifies they are not engaged in business operations in Cuba or Syria, as stated in Sections 287.135(2)(b)2, F.S. Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the Contractor agrees the Department may immediately terminate the resulting Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or Syria during the term of the resulting Contract. Any company that submits a bid or proposal for a Contract or intends to enter into or renew a Contract with an agency or local governmental entity for goods commodities or services, of any amount, must certify that the company is not participating in a boycott of Israel.

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Amendment #07 Page 3 of 20

1.5 Section XIV. Other Conditions, L. Cooperation with the Florida Senate and Florida House of Representatives is hereby added as follows:

L. Cooperation with the Florida Senate and Florida House of Representatives

In accordance with Florida law, the Contractor agrees to disclose any requested information, relevant to the performance of this Contract, to members or staff of the Florida Senate or Florida House of Representatives, as required by the Florida Legislature. The Contractor is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement.

1.6 Section XIV. Other Conditions, M. E-Verify is hereby added as follows:

M. E-Verify

Per Executive Order 11-116, “The provider agrees to utilize the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.gov/employers, to verify the employment eligibility of all new employees hired during the contract term by the provider. The provider shall also include a requirement in subcontracts that the subcontractor shall utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.” Contractors meeting the terms and conditions of the E-Verify System are deemed compliant with the provision.

Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor shall not enter into a contract unless each party to the contract registers with and uses the E- Verify system in accordance with Section 448.095, F.S.

1.7 In accordance with Sections XI. Price Adjustments and XII. Additions/Deletions, EXHIBIT B, Contractor’s Pricing, is hereby revised and replaced in its entirety and is attached hereto.

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REVISED

EXHIBIT B

CONTRACTOR’S PRICING

BPS Incorporated

45-4140340

NAME OF CONTRACTOR

FEIN

Amendment #07 Page 5 of 20

REGION I

Institution/Facility

Location

Grease Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Apalachee Correctional Institution

Apalachee CI – East 1200 1200 1200 N/A

Apalachee CI – West 2500 N/A N/A N/A

Subtotal (Price per gallon for each grease traps) $0.325 $0.325 $0.325 N/A

Total (1) Price per gallon at this Institution/Facility $0.325

Calhoun Correctional Institution

Calhoun CI 2000 N/A N/A N/A

Calhoun Work Camp 2500 2500 N/A N/A

Subtotal (Price per gallon for each grease traps) $0.325 $0.325 N/A N/A

Total (2) Price per gallon at this Institution/Facility

$ 0.325

Century Correctional Institution

Century CI 2100 N/A N/A N/A

Century Work Camp 1000 1000 N/A N/A

Pensacola Community Release Center

1000 N/A N/A N/A

Subtotal (Price per gallon for each grease traps) $0.325 $0.325 N/A N/A

Total (3) Price per gallon at this Institution/Facility

$ 0.325

REGION I (CONT’D)

Amendment #07 Page 6 of 20

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Franklin Correctional Institution

Franklin CI 1000 1000 N/A N/A

Franklin WC 1250 1250 N/A N/A

Subtotal (Price per gallon for each grease traps)

$0.325 $0.325 N/A N/A

Total (4) Price per gallon at this Institution/Facility

$ 0.325

Gadsden Re-Entry Center

Gadsden Re-Entry Center

2500 2500 N/A N/A

Subtotal (Price per gallon for each grease traps)

$0.325 $0.325 N/A N/A

Total (5) Price per gallon at this Institution/Facility

$ 0.325

Gulf Correctional Institution

Gulf CI 2244 2244 N/A N/A

Gulf Annex 2200 2200 N/A N/A

Gulf Forestry Camp 1500 N/A N/A N/A

Subtotal (Price per gallon for each grease traps)

$0.325 $0.325 N/A N/A

Total (6) Price per gallon at this Institution/Facility

$0.325

Holmes Correctional Institution

Holmes CI 2500 N/A N/A N/A

Holmes Work Camp 1000 N/A N/A N/A

Subtotal (Price per gallon for each grease traps) $0.325 N/A N/A N/A

Total (7) Price per gallon at this Institution/Facility $0.325

Amendment #07 Page 7 of 20

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Jackson Correctional Institution

Jackson CI 1500 N/A N/A N/A

Jackson Work Camp 2500 2500 N/A N/A

Graceville Work Camp 2500 2500 N/A N/A

Subtotal (Price per gallon for each grease trap) $0.325 $0.325 N/A N/A

Total (8) Price per gallon at this Institution/Facility $0.325

Liberty Correctional Institution

Liberty CI 1500 1000 N/A N/A

Liberty Work Camp 1250 1250 N/A N/A

Quincy Annex 1000 N/A N/A N/A

Subtotal (Price per gallon for each grease traps) $0.325 $0.325 N/A N/A

Total (9) Price per gallon at this Institution/Facility $ 0.325

Northwest Florida Reception Center

NWFRC 2000 2000 N/A N/A

NWFRC Annex 2500 2500 N/A N/A Panama City Community Release Center

500 N/A N/A N/A

Subtotal (Price per gallon for each grease traps) $0.325 $0.325 N/A N/A

Total (10)

Amendment #07 Page 8 of 20

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Okaloosa Correctional Institution

Okaloosa CI 2500 1500 N/A N/A

Okaloosa Work Camp 2500 N/A N/A N/A

Subtotal (Price per gallon for each grease traps) $0.325 $0.325

N/A

N/A

Total (11) Price per gallon at this Institution/Facility $0.325

Santa Rosa Correctional Institution

Santa Rosa CI 2500 2500 N/A N/A

Santa Rosa Annex 2500 2500 N/A N/A

Santa Rosa Work Camp 2000 2000 N/A N/A

Subtotal (Price per gallon for each grease trap)

$0.325

$0.325

N/A

Total (12) Price per gallon at this Institution/Facility $0.325

Wakulla Correctional Institution

Wakulla CI 2000 2000 N/A N/A Wakulla CI Annex 2000 2000 N/A N/A Wakulla Work Camp 2000 2000 N/A N/A

Harry Singletary Training Building 750 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.325 $0.325 N/A N/A

Total (13)

Amendment #07 Page 9 of 20

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Walton Correctional Institution

Walton CI 1500 N/A N/A N/A

Walton Work Camp 1500 1500 N/A N/A

Subtotal (Price per gallon for each grease trap) $0.325 $0.325 N/A N/A

Total (14) Price per gallon at this Institution/Facility $0.325

Grand Total Bid Price for Region I (sum of 1-14) $34,559.85

Amendment #07 Page 10 of 20

REGION II

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Baker Correctional Institution

Baker CI 3000 N/A N/A N/A

Baker Work Camp 1000 N/A N/A N/A

Baker Re-Entry Center 3000 3000 N/A N/A

Subtotal (Price per gallon for each grease trap)

$0.30 $0.30 N/A N/A

Total (15) Price per gallon at this Institution/Facility $0.30

Columbia Correctional Institution

Columbia CI 4000 N/A N/A N/A

Columbia Annex 2500 2500 N/A N/A

Columbia Work Camp 4500 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.30 $0.30 N/A N/A

Total (16) Price per gallon at this Institution/Facility $0.30

Cross City Correctional Institution

Cross City CI 1500 2000 2000 N/A

Cross City Work Camp 1500 N/A N/A N/A

Cross City East Unit 2000 2000 N/A N/A

Subtotal (Price per gallon for each grease trap)

$0.30 $0.30 $0.30 N/A

Total (17)

$0.30

Florida State Prison Florida State Prison 5500 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.30 N/A N/A N/A

Total (18)

Amendment #07 Page 11 of 20

REGION II (CONT’D)

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Florida Women’s Reception Center

Florida Women’s Reception Center 2000 2000 N/A N/A

Subtotal (Price per gallon for each grease trap) $0.30 $0.30 N/A N/A

Total (19) Price per gallon at this Institution/Facility $0.30

Hamilton Correctional Institution

Hamilton CI 3000 N/A N/A N/A

Hamilton Annex 3000 3000 N/A N/A

Hamilton Work Camp 1500 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.30 $0.30 N/A N/A

Total (20) Price per gallon at this Institution/Facility $0.30

Lancaster Correctional Institution

Lancaster CI 1500 1500 N/A N/A

Lancaster Work Camp 2000 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.30 $0.30 N/A N/A

Total (21) Price per gallon at this Institution/Facility $0.30

Lawtey Correctional Institution

Lawtey CI 1200 1200 1500 N/A

(Price per gallon for each grease trap) $0.30 $0.30 $0.30 N/A

Total (22)

Amendment #07 Page 12 of 20

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons

Lowell Correctional Institution

Lowell CI 2500 2500 N/A N/A

Lowell Annex 2000 N/A N/A N/A

Lowell CI Work Camp 2000 2000 N/A N/A

Subtotal (Price per gallon for each grease trap) $0.30 $0.30 N/A N/A

Total (23)

Madison Correctional Institution

Madison CI 2500 N/A N/A N/A Madison Work Camp 1500 N/A N/A N/A

Subtotal (Price per gallon for each grease trap)

$0.30 N/A N/A N/A

Total (24) Price per gallon at this Institution/Facility $0.30

Mayo Correctional Institution Mayo Annex 2500 2500 N/A N/A

Subtotal (Price per gallon for each grease trap) $0.30 $0.30 N/A N/A

Total (25) Price per gallon at this Institution/Facility $0.30

Putnam Correctional Institution Putnam CI 1250 N/A N/A N/A

Subtotal (Price per gallon for each grease trap)

$0.30 N/A N/A N/A

Total (26)

Amendment #07 Page 13 of 20

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Reception and Medical Center (RMC) Correctional Institution

RMC – Main 1500 1500 N/A N/A

RMC – West 1500 N/A N/A N/A

RMC Work Camp 2000 2000 N/A N/A

Training Building 750 N/A N/A N/A

(Price per gallon for each grease trap) $0.30 $0.30 N/A

Total (27)

Suwannee Correctional Institution

Suwannee CI 2000 2000 N/A N/A

Suwannee Annex 2000 2000 N/A N/A Suwannee Work Camp 2000 2000 N/A N/A

Subtotal (Price per gallon for each grease trap) $0.30 $0.30 N/A N/A

Total (28) Price per gallon at this Institution/Facility $0.30

Taylor Correctional Institution

Taylor CI 2200 2200 N/A N/A

Taylor Annex 2200 2200 N/A N/A

Taylor Work Camp 2000 2000 N/A N/A

Subtotal (Price per gallon for each grease trap) $0.30 $0.30 N/A N/A

Total (29)

Amendment #07 Page 14 of 20

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Tomoka Correctional Institution Tomoka CI 2500 2500 N/A N/A

Tomoka Work Camp 1500 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.30 $0.30 N/A N/A

Total (30) Price per gallon at this Institution/Facility $0.30

Union Correctional Institution Union CI 2500 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.30 N/A N/A N/A

Total (31) Price per gallon at this Institution/Facility

$0.30

Grand Total Bid Price for Region II (sum of 15-31)

$38,310.00

Amendment #07 Page 15 of 20

REGION III

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Avon Park Correctional Institution

Avon Park CI 3500 3500 N/A N/A

Avon Park Work Camp 1000 1000 N/A N/A

Avon Park WC – Lift Station #6 2000 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.275 $0.275 N/A N/A

Total (32) Price per gallon at this Institution/Facility $0.275

Central Florida Reception Center

CFRC – Main Unit 2500 N/A N/A N/A

CFRC – East Unit 2500 2500 N/A N/A

CFRC – South Unit 1500 N/A N/A N/A Kissimmee Community Release Center

1500 1500

Orlando Community Release Center

(Price per gallon for each grease trap) $0.275 $0.275 N/A N/A

Total (33)

$0.275

Amendment #07 Page 16 of 20

REGION III (CONT’D)

Trap #1 Size (gallons

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Desoto Correctional Institution

Desoto Annex 2000 2000 N/A N/A

Desoto Work Camp 2000 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.275 $0.275 N/A N/A

Total (34) Price per gallon at this Institution/Facility $0.275

Hernando Correctional Institution

Hernando CI 2000 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.275 N/A N/A N/A

Total (35) Price per gallon at this Institution/Facility $0.275

Lake Correctional Institution Lake CI 2500 2500 N/A N/A Subtotal

(Price per gallon for each grease trap) $0.275 $0.275 N/A N/A

Total (36) Price per gallon at this Institution/Facility $0.275

Polk Correctional Institution

Polk CI 1500 N/A N/A N/A

Polk Work Camp 1250 N/A N/A N/A

Largo Road Prison 2000 N/A N/A N/A

St. Petersburg Community Release Center 1500 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.275 N/A N/A N/A

Total (37) Price per gallon at this Institution/Facility $0.275

Amendment #07 Page 17 of 20

REGION III (CONT’D)

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Sumter Correctional Institution

Sumter CI 2250 N/A N/A N/A

Sumter Work Camp 1550 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.275 N/A N/A N/A

Total (38) Price per gallon at this Institution/Facility $0.275

Zephyrhills Correctional Institution Zephyrhills CI 2400 2400 2400 N/A

Subtotal (Price per gallon for each grease trap) $0.275 $0.275 $0.275 N/A

Total (39)

Grand Total Bid Price For Region III (sum of 32-39)

$14,850.00

Amendment #07 Page 18 of 20

REGION IV

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Charlotte Correctional Institution Charlotte CI 2000 N/A N/A N/A

Ft. Myers Work Camp 1250 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.275 N/A N/A N/A

Total (40) Price per gallon at this Institution/Facility $0.275

Dade Correctional Institution Dade CI 4000 4000 N/A N/A

Subtotal (Price per gallon for each grease trap) $0.275 $0.275 N/A N/A

Total (41) Price per gallon at this Institution/Facility $ 0.275

Everglades Correctional Institution

Everglades CI 2500 2500 N/A N/A

Everglades Re-Entry 3000 3000 N/A N/A

Subtotal (Price per gallon for each grease trap) $0.275 $0.275 N/A N/A

Total (42)

Amendment #07 Page 19 of 20

REGION IV (CONT’D)

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons)

Grease Trap #4 Size (gallons)

Homestead Correctional Institution Homestead CI 2000 2000 N/A N/A

Subtotal (Price per gallon for each grease trap) $0.275 $0.275 N/A N/A

Total (43) Price per gallon at this Institution/Facility $0.275

Martin Correctional Institution

Martin CI 275 275 275 275 Martin CI (Additional Traps) 275 275 N/A N/A

Martin Work Camp 1500 1500 N/A N/A Loxahatchee Road Prison 1500 N/A N/A N/A

Fort Pierce Community Release Center

1050 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.275 $0.275 $0.275 $0.275

Total (44)

Okeechobee Correctional Institution

Okeechobee CI 3500 3500 N/A N/A

Okeechobee WC 2000 2000 N/A N/A Sago Palm Re-Entry Center

1000 1000 N/A N/A

(Price per gallon for each grease trap) $0.275 $0.275 N/A N/A

Total (45)

Amendment #07 Page 20 of 20

REGION IV (CONT’D)

Trap #1 Size (gallons)

Grease Trap #2 Size (gallons)

Grease Trap #3 Size (gallons

Grease Trap #4 Size (gallons

South Florida Reception Center

SFRC Main Unit 3000 N/A N/A N/A

SFRC South Unit 3000 N/A N/A N/A Hollywood Community Release Center

2000 2000 2400 N/A

Miami North Community Release Center

1500 N/A N/A N/A

Opa Locka Community Release Center

2000 N/A N/A N/A

Subtotal (Price per gallon for each grease trap) $0.275 $0.275 $0.275 N/A

Total (46) Price per gallon at this Institution/Facility $ 0.275

Grand Total Bid Price For Region IV (sum of 40-46) $16,568.75