CN-700000-17001-AMD #7.pdf

LORllA DEPARTMENT OF CORRECTIONS

Bureau of Procurement

Amendment #7

ATC-17-001

Laundry Equipment

This Amendment ("Amendment") effective the date fully executed below, to the Agency Term Contract ATC-17-001 ("Contract") is between the State of Florida, Department of Corrections ("Department") and CLEC Distribution LLC ("Contractor"). The Department and Contractor are collectively referred to herein as the "Parties," and individually as a "Party." All capitalized terms used herein shall have the meaning 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, is hereby revised as follows:

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

Contract Administrator Bureau of Procurement Florida Department of Corrections 501 S. Calhoun Street, Suite 3278 Tallahassee, FL 32399-2500 Telephone (850) 717-3700 Email: Purchasing@fdc.myflorida.com

The Department's Contract Manager is:

James Pate, Correctional Service Administrator Office of Institutions Florida Department of Corrections 501 S, Calhoun Street Tallahassee, FL 32399-2500 Telephone (850) 717-3117 Email: James.Pate@fdc.myflorida.com

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor. Af½y oommunioation to the Department Felating to the Gontrnot shall be aelelFesseel to the Department's Gontmot ManageF, OF elesignee. The Contractor shall address all communication relating to the Contract to the Department's Contract Manager, on designee.

The Contractor has assigned the following individuals to serve as the elesignateel oontaot peFson its representative for the Contract:

Primary Contact:

Craig Dakauskas, Vice President CLEC Distribution LLC 1626 Tradewinds Drive Gulf Breeze, FL 32563 Telephone (850) 932-8348 Facsimile (850) 932-6907 Email: sales@clecco.com

Secondary Contact:

Greg Reese, Sales Manager CLEC Distribution LLC 1626 Tradewinds Drive Gulf Breeze, FL 32563 Cell (850) 380-6005 Telephone (850) 932-8348 Facsimile (850) 932-6907 Email: gregreese@clecco.com

ATC-17-001

Amendment #7

The Department will direct Aall questions and customer service issues concerning this Contract shall ee dirested to the Contractor's desigAated soAtaot(s), Representative above. It will be the desigAatee soAtast's Contractor's Representative responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues. The Contractor must provide written notice to the Department's Contract Manager, or designee, if a new employee is designated as the soAtast �ersoA representative for this Contract.

1.2 Section VIII. Termination, C. Termination for Cause is hereby revised as follows:

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, the Department GaR may terminate the Contract for cause. The Department may elect to afford, at its exclusive option, an opportunity for the Contractor to cure the breach for sa1:1se within 30 calendar days upon written notice by the Department. Any breach of this Contract whish is still left uncured by the Contractor after the Department has elected to provide 30 calendar days to cure (remedy) the breach, may result in the Department's termination of this Contract upon 24 hours written notice by the Department. If the Department does not elect to affora allow aA o��ort1:1Aity for the Contractor to cure a breach (e.g. instances of egregious Contractor conduct or other Contractor actions which may be harmful to the Department), the Department may immediately terminate this Contract for cause, upon 24 hours' written notice to the Contractor, as described in this section. Notice shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Chapter 60,I\ 1, Floriea AemiAistrati11e Gose (F.A.G.) Section 287.1351, F.S. The provisions herein do not limit the Department's right to remedies at law or damages in equity.

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

X. Subcontracts

ATC-17-001

Amendment #7

Tho Contraster is fully responsible fer all work perfermeEl under this Contrast. The Contractor may, upon reeei•.iing with the prior written consent .from of the Department!.& Contrast Manager, or Elesignee, enter mt& written subcontractts) for delivery or performance of services, eertain funstions unEler as indicated in this Contract. No subcontract, into which the Contractor enters with respeet to for the performance of any of its funetions duties under this Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties the Contract. All payments to subcontractors, regardless of function, shall comply with the Department's security requirements, including background checks, and all other Contractor requirements ee FRaEle by tl=le Contraettjhe Department is not authorized to make payments to the subcontractor for services and commodities provided under the Contract.

The Contractor shall make all payments to subcontractors. If the Contractor utilizes a subcontractor, the Contractor shall pay the subcontractor within seven (7) Business Days after any payment is received from the Department, per Section 287.0585, F.S.

It is understood, and agreed upon, that the Department shall not be -lia9'e held accountable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the Contractor shall be is solely -lia9'e responsible to the subcontractor for all expenses and liabilities under tl=lis the Contract. All subeontraotors are subjoet to tho same baekgrouna el=leek requirements as are refereneoEl in E>c:hibit Ac If the Contractor fails to pay the subcontractor within seven (7) Business Days, the Contractor shall pay the penalty to the subcontractor in the amount of one-half (1/2) of one percent (1 %) of the amount due, per Day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

1.4 Section XI. Price Decreases, is hereby revised as follows:

XI. Price Decreases

The Contractor shall apply to the Department Aany price decrease effectuated during the Contract term by perioEl by reason of market change or special sales offered to other customers shall be passoEl on to tl=le Department. This sl=lall also apply to all in plaee Such a price decrease applies regardless of whether any related equipment en-a is rented or leased �by the Department under the Contract. Price increases are not aeeoptoEl rejected, 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 referoneoEl in E>c:l=libit A Section (4)(e).

1.5 Section XII. Additions/Deletions, is hereby revised as follows:

XII. Additions/Deletions

During the term of the Contract, the Department reserves the right to add or delete tho number of eommoElitios or seFYieos services and commodities, when considered to be in its best interest and general scope of the Contract. Pricing shall be

ATC-17-001

Amendment #7 comparable to amounts awarded. Further, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of delivery locations.

1.6 Section XIII. Delivery, is hereby revised as follows:

XIII. Delivery

Product(s) shall be shipped as Free on Board (FOB) Destination and arrive within 30 60 days of Purohase Omer PO issuance, or at the time mutually agreed upon between both Parties. Deliveries of gooes commodities, or provision of services, must be made between 8:30 a.m. to 4:00 p.m., local time, Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Centract PO.

1. 7 Section XIV. Other Conditions, A. Public Records, is hereby revised as follows:

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the seNioe Contract; (b) upon request from the Department's custodian of public records, provide the Department with a copy of the requested related records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this ohaptor or as provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract, if the Contractor does not transfer the records to the Department upon Contract expiration or termination; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the soNioe Contract. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department. Pursuant to §Section 287.058(1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from §Section 24(a) of Art. I of the State Constitution and eitRef§Section 119.07(1), F.S. er §119.071, F.S.

If the Contractor has questions regarding the application of

Chapter 119, Florida Statutes, to the Contractor's duty to provide public records relating to this Contract, contact the custodian of public records at:

Florida Department of Corrections ATTN: Public Records Unit 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717 3606 412-2664 Fax: (850) 922-4355 Email: CO. Pu blicRecords@fdc.m-.•florida.com

ATC-17-001

Amendment #7

�ebsite: https://floridadoc.govga.us/WEBAPP/ rs/(S(mxurvk hn004wtw1 eymm 15f4x})/Su pportHome.aspx

1.8 Section XIV. Other Conditions, G. Employee Status, is hereby revised as follows:

G. ER1ployoe lndependeot Contractor Status

This ContFaot agrees to pro11ide adequate insuranoe 001,erago on a oomprehensi•.•e basis and to hold suoh insuranoe at all tirnes during the mcistenoe of this Contraot. Tho Contraster aooopts f4:III responsibility for identifying and determining tho type(s) and extent of insuranoe neoessal)' to pro>Jide reasonable financial proteotion for the Contraotor and tl=le Department under tl=lis Contrast. Upon the e*eoution of tl=lis Contrast, tl=le Contractor shall f4:Jrnisl=l tl=le Contrast Manager written 1,erifioation of suoh insurance 001Jerage. Suoh G0'41erage may be pro•.iided by a self insuranoe program established and operating under the la•Ns of the State of Florida. The Department reserves the right to require additional insurance wl=lore appropriate.

If tho Contractor is a state agonoy or subdi1,ision as defined in Sestion 768.28, F.S., the Contraotor sl=lall furnish the Department, upon request, written 1.•orifioation of liability protestion in aooordanoo 1Nitl=l Sootion 768.28, F.S. Notl=ling l=lerein sl=lall be construed to extend any party's liability beyond that pro1

1ided in Sestion 768.28, F.S.

This Contract does not create an employee/employer relationship between the Parties.

The Parties are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State's unemployment insurance law. The Parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their Contract duties. Services and commodities provided by each Party under this Contract .shall be subject to the supervision of the other Party. In performing this Contract, neither Party nor its agents shall act as officers, employees, or agents of the other Party. The Parties agree that they are separate and independent business enterprises, and that each can pursue other opportunities.

This Contract shall not be construed as creating any joint venture or partnership between the Parties, and neither Party will be liable for any obligation incurred by the other Party, including, but not limited to, unpaid wages and overtime premiums.

ATC-17-001

Amendment #7

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

L. Cooperation with the Florida Senate and Florida House of Representatives In accordance with Section 287.058(;7�. F.S., tfie Contractoragcees to disclose any requested information, relevant to tlie performance of this Contr-act, 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 cla!_.1S8!5-_ c;�nflictive with this requirement.

2.0 In accordance with Section XI. Price Decreases, Exhibit B CONTRACTOR'S PRICING, is hereby revised and attached hereto.

3.0 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. All other terms of the Contract remain in full force.

CONTRACTOR:

CLEC Distribution LLC

Cerc�-< e[<SC Print Name

�-£1-d&-.

Date

STATE OF FLORIDA

DEPARTMENT OF CORRECTIONS

Trueby K. Bodiford, Procur Office of Financial Manage

4{J:/2,.1,- Date

(Approved as to form and legality, subject to execution)

Dorot�M. Burnsed, Deputy General Counsel

Office of General Counsel � ,{f':;'l l:1.-

W z,l/ Date

All prices shall include delivery, set-up, and start-up.

REVISED

EXHIBIT B

CONTRACTOR'S PRICING

ATC-17-001

WASHERS AND EXTRACTORS, at least 1601b Capacity

Description of Commodities

Washer/Extractor, at least 160 lb. Capacity 208/240V, 3 Phase

Washer/Extractor, at least 160 lb. Capacity 440/480V, 3 Phase

CLEC Distribution LLC

NAME OF VENDOR

On File

(A) (B)

Name and Model Number of Estimated

Annual Brand

Quantity

UNIMAC MODEL#

UWT160D40VQ050EA00 8

YN+16QN4Q¥ Q50EAOQ

UNIMAC MODEL#

UWT160D40VN050EA00 8

YN+1eQtil4QiJ Q50EAOQ

Total Price (Sum of Column D)

83-3915894

FEIN

3/12/2018

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

(C ) Unit Price

$25,079.85

$22,288.QO

$30,745.00

$22,288.QQ

(D) Total Unit Price

$245,960.00

$178,304.QQ

$245,960.00

$�78,3Q4.QQ

$446,598.80 SJae,eos.oo

EXHIBIT B

CONTRACTOR'S PRICING

ATC-17-001

DRYERS- Laundry Tumbler Dryer, at least 170Ib Capacity

Description of Commodities

Dryer Laundry Tumbler Dryer, at least 170 lb. Capacity 208/240V, 3 Phase

Natural Gas Dryer Laundry Tumbler Dryer, at least

170 lb. Capacity 440/480V, 3 Phase Natural Gas

Dryer Laundry Tumbler Dryer, at least 170 lb. Capacity 208/240V, 3 Phase LP

Gas Dryer Laundry Tumbler Dryer, at least 170 lb. Capacity 440/480V, 3 Phase LP

Gas Dryer Laundry Tumbler Dryer, at least

170 lb. Capacity 208/240V, 3 Phase Steam

Dryer Laundry Tumbler Dryer, at least 170 lb. Capacity 440/480V, 3 Phase

Steam

CLEC Distribution LLC

NAME OF VENDOR

On File

(A) (B)

Name and Model Number of Estimated

Annual Brand

Quantity

UNIMAC MODEL#

UT170NDN0RQA6W0000 3

Y+� 70 i;:NOR G3iAq;)00

UNIMAC MODEL#

UT170NDN0RNA6W0000 3

Y+� 7Q i;:NOR G3l.AJQOO

UNIMAC MODEL#

UT170LDN0RQA6W0000 3

Y+� 70 i;:NOR G3¼q;)QO

UNIMAC MODEL#

UT170LDN0RNA6W0000 3

Y+� 7Q i;:NOR G3l.AJQOQ

UNIMAC MODEL#

UT170SDN0RQA6W0000 3

Y+� 7Q i;:NQR G3¼q;)QQ

UNIMAC MODEL#

UT170SDN0RNA6W0000 3

Y+�7Q i;:NQR G3i,AJQQQ

Total Price (Sum of Column D)

83-3915894

FEIN

3/12/2018

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

(C ) Unit Price

$14,017.50 irn,574.QQ

$14,017.50 1rn,a74.oo

$14,017.50 irn,574.QQ

$14,017.50 ;rn,574.QQ

$16,922.50 irn,574.QQ

$16,922.50 ;rn,574.QQ

(D) Total Unit Price

$42,052.50 13�,722.00

$42,052.50 ia� ,7'22.0Q

$42,052.50 ia�,722.QQ

$42,052.50

!1!3� ,7'22.QQ

$50,767.50 ia� ,7'22.QQ

$50,767.50 ;a� ,+'22.QQ

$269,745.00 i� QQ,33'2.00

Description of Commodities

Washer/Extractor, 65 lb. Capacity 208/240V, 3 Phase

Washer/Extractor, 65 lb. Capacity 440/480V, 3 Phase

Description of Commodities

Washer/Extractor, 85 lb. Capacity 208/240V, 3 Phase

Washer/Extractor, 85 lb. Capacity 440/480V, 3 Phase

CLEC D1stribut1on LLC

NAME OF VENDOR

On File

REVISED

EXHIBIT B

CONTRACTOR'S PRICING

ATC-17-001

WASHERS AND EXTRACTORS, 65 lb Capacity

(A} (8)

Name and Model Number of Estimated

Annual Brand

Quantitv

UNIMAC MODEL#

UWT065N20MX0508000 2

UVI/T065N20L O5OB000

UNIMAC MODEL#

UWT065N20MN0508000 2

'=J)AQ:065N20L O5OB000

Total Price (Sum of Column D)

WASHERS AND EXTRACTORS, 85 lb Capacity

(A} (8)

Name and Model Number of Estimated

Annual Brand

Quantity

UNIMAC MODEL#

UWT085N20MQ050B000 2

U�J+085N20M 050BA00

UNIMAC MODEL#

UWT085N20MN050B000 2

Y�J+085N20M 050BA00

Total Price (Sum of Column D}

83-3915894

FEIN

3/12/2018

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

(C ) (D) Unit Price Total Unit Price

$13,335.00 $26,670.00 $10,972.00 $21,944.00

$13,335.00 $26,670.00 $10,972.00 $21,944.00

$53,340.00 $43,888.00

(C } (D) Unit Price Total Unit Price

$14,708.75 $29,417.50 $15,240.00 $30,480.00

$14,708.75 $29,417.50 $15,240.00 $30,480.00

$58,835.00 $60,960.00

Description of Commodities

Dryer Laundry Tumbler Dryer, at least 75 lb. Capacity 208/240V, 3 Phase

Natural Gas Dryer Laundry Tumbler Dryer, at least

75 lb. Capacity 440/480V, 3 Phase Natural Gas

Dryer Laundry Tumbler Dryer, at least 75 lb. Capacity 208/240V, 3 Phase LP

Gas Dryer Laundry Tumbler Dryer, at least 75 lb. Capacity 440/480V, 3 Phase LP

Gas Dryer Laundry Tumbler Dryer, at least

75 lb. Capacity 208/240V, 3 Phase Steam

Dryer Laundry Tumbler Dryer, at least 75 lb. Capacity 440/480V, 3 Phase

Steam

CLEC Distribution LLC

NAME OF VENDOR

On File

REVISED

EXHIBITS

CONTRACTOR'S PRICING

ATC-17-001

DRYERS - Laundry Tumbler Dryer, 75 lb. Capacity

(A) (B)

Name and Model Number of Estimated

Annual Brand

UNIMAC MODEL#

UT075NFN0NXG6W0000

bl+Q75 Q+ G2\6JQ�

UNIMAC MODEL#

UT075NFN0NNG6W000O

bl+Q75 Q+ G2WQ�

UNIMAC MODEL#

UT075LFN0NXG6W0000

bl+Q75 Q+ G2lA{Q 1

UNIMAC MODEL#

UT075LFN0NNG6W0000

bl+Q75 Q+ G2WQ1

UNIMAC MODEL#

UT075SFN0NXG6W0000

bl+Q75 Q+ G2iAfQ1

UNIMAC MODEL#

UT075SFN0NNG6W0000

bl+Q7a Q+ G2iftJQ �

Quantity

Total Price (Sum of Column D}

83-3915894

FEIN

3/12/2018

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

(C } (D} Unit Price Total Unit Price

$5,105.00 $15,315.00 i4,2Hi.QQ i�2,€i45.QQ

$5,105.00 $15,315.00 i4,2�5.QQ i12,€i45.QQ

$5,105.00 $15,315.00 14,215.QQ i�2,€i45.QQ

$5,105.00 $15,315.00 !!l4,2�5.QQ 112,e4a.QQ

$5,778.75 $17,336.25 !!l4,2Hi.QQ !!l�2,€i4a.QQ

$5,778.75 $17,336.25 i4,2Hi.QQ i 12,e4a.QQ

$95,932.50 i7a,87Q.QQ

EXHIBITS

CONTRACTOR'S PRICING

ATC-17-001

WASHERS AND EXTRACTORS, at least 275 lb. Capacity

Description of Commodities

Washer/Extractor, at least 275 lb. Capacity 440/480V, 3 Phase

(A) (B) Estimated (C ) (D)

Name and Model Number of Annual Unit Price Total Unit Price

Brand Quantity

UNIMAC MODEL#

$61,772.50 $185,317.50

UYN2751O8N4U2PT0EE 3

YN¥27arnNN4Y

$51,385.00 $154,155.00

Total Price (Sum of Column D) $187,317.50 $154,155.00

GRAND TOTAL $881,813.00

(Total of All Items) $1,109,768.80

DELIVERY WILL BE MADE WITHIN ....filL_DAYS AFTER RECEIPT OF ORDER

CLEC Distribution LLC

NAME OF VENDOR

On File

SIGNATURE OF AUTHORIZED REPRESENTATIVE

83-3915894

FEIN

3/12/2018

DATE