CN-700000-17001-AMD#3.pdf

Amendment #3

Agency Term Contract

ATC-17-001

Laundry Equipment

ATC-17-001

Amendment #3 Page 1 of 11

This Amendment (“Amendment”), effective May 15, 2019, or the date fully executed below, whichever occurs last, 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.” All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein.

1.0 ASSIGNMENT

In accordance with Section IX. Assignment, the Department approves the assignment of this Contract from Coin Laundry Equipment Company, Inc. to CLEC Distribution LLC hereafter substituted throughout the Contract as “Contractor,” as if so originally named. CLEC Distribution LLC agrees to faithfully perform all obligations and duties previously performed by Coin Laundry Equipment Company, LLC.

2.0 MODIFICATIONS

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

2.1 Section I. Scope of Work, is hereby revised as follows:

The services and/or commodities to be provided by the Contractor pursuant to this Contract are defined and described in Exhibits A, Attachment I, Specifications, and B.

2.2 Section IV. Contract, is hereby revised as follows:

This Contract, together with the following attached documents (Exhibits), sets forth the entire understanding of the parties and supersedes all prior agreements, whether written or oral, with respect to such subject matter.

All Exhibits attached to this Contract are incorporated in their entirety and form as part of this Contract. The Contract has the following Exhibits:

a) Exhibit A: FDC ITB-15-143 and all Addenda; and

b) Exhibit B: Contractor’s pPricing to FDC ITB-15-143 for ATC-17-001.

In case of conflict, the documents shall have priority in the order listed:

a) The Agency Term Contract;

b) Exhibit A: FDC ITB-15-143 and all Addenda; then

c) Exhibit B: Contractor’s Pricing

ATC-17-001

Amendment #3 Page 2 of 11

2.3 Section V. Amendments, is hereby revised as follows:

No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both parties, with the exception of changes to Section VII, below. Any future amendments of the Contract, which alter the definition of the services, shall define the services in the same format as Exhibit A.

Notwithstanding the order listed in Section IV, amendments issued after Contract execution may expressly change the provisions of the Contract. If an amendment expressly alters the Contract, then the most recent amendment will take precedence.

2.4 Section VII. Contract Management, is hereby revised as follows:

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

ATC Contract Administrator Bureau of Procurement Florida Department of Corrections 501 S. Calhoun Street, Suite 327 Tallahassee, FL 32399 - 2500 Telephone (850) 717-3700 Email: Purchasing@fdc.myflorida.com

The Department’s Contract Manager is:

Chuck Bozeman, Assistant Bureau Chief of Construction James Pate, Correctional Service Administrator Division of Facility Maintenance and Building Construction Office of Institutions Florida Department of Corrections 501 S. Calhoun Street, Suite 311 Tallahassee, FL 32399-2500 Telephone (850) 717-3700 3117 Email: Chuck.Bozeman@fdc.myflorida.com 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.

Any communication to the Department relating to the Contract shall be addressed to the Department’s Contract Manager, or designee.

The Contractor has assigned the following individuals to serve as the designated contact person for this Contract:

mailto:Purchasing@fdc.myflorida.com mailto:Chuck.Bozeman@fdc.myflorida.com mailto:James.Pate@fdc.myflorida.com

Amendment #3 Page 3 of 11

Primary Contact:

Craig Dakauskas, Vice President Coin Laundry Equipment, Inc. 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 Coin Laundry Equipment, Inc. 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

All questions and customer service issues concerning this Contract shall be directed to the Contractor’s designated contact(s), above. It will be the designated contact’s 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 contact person for this Contract.

2.5 Section VIII. Termination, is hereby revised as follows:

A. Termination at Will

This Contract may be terminated by either party at will, including due to an award under competitive procurement, upon no less than thirty (30) written calendar days’ written notice., unless a shorter period of time is mutually agreed upon by both Parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in person with proof of delivery.

B. Termination Because of For Lack of Funds

In the event funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than twenty-four (24) hours’ written notice in writing to the Contractor. Notice shall be delivered by certified mail (return receipt requested), facsimile, by other method of delivery whereby an original signature is mailto:sales@clecco.com mailto:gregreese@clecco.com

Amendment #3 Page 4 of 11 obtained, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds.

C. Termination fFor Cause

If a breach of this Contract occurs by the Contractor, which is left uncured after the expiration of thirty (30) calendar days’ written notice by the Department, the Department may, by written notice to the Contractor, terminate this Contract upon twenty-four (24) hours’ written notice. The Department, at its exclusive option, shall make the determination as to whether a period of time will be provided for the Contractor to cure a breach of Contract. If egregious in nature, a breach may result in immediate termination for cause, with 24 hours’ written notice, 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 60A-1, Florida Administrative Code (F.A.C.). The provisions herein do not limit the Department’s right to remedies at law or to damages.

D. Termination Because fFor Unauthorized Employment

Violation of the provisions of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

2.6 Section IX. Assignment, is hereby revised as follows:

The Contractor shall not assign its responsibilities or interests under this Contract to another party without prior written approval of the Department’s Contract Manager, or designee. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this Contract to another governmental agency of the State of Florida upon giving written notice to the Contractor.

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

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

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

Amendment #3 Page 5 of 11 subcontractors are subject to the same background check requirements as are referenced in Exhibit A.

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

Product(s) shall be shipped as freight Free on bBoard (FOB) to the designated Ddestination, and arrive within the time agreed upon between the Contractor and the Department after the order is placed. Deliveries of goods, or provision of services, must be made completed 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 Contract.

2.9 Section XIV. Other Conditions, A. Public Records Law, is hereby revised as follows:

A. Public Records Law

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the requested 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 chapter or as otherwise 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 cContract term and following completion of the Contract if the Contractor does not transfer the records to the Department; 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 service. 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 §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 §24(a) of Art. I of the State Constitution and either §119.07(1), F.S. or §119.071, F.S.

Amendment #3 Page 6 of 11

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) 717-3605 Fax: (850) 922-4355 Email: CO.PublicRecords@fdc.myflorida.com

2.10 Section XIV. Other Conditions, C. Disputes, is hereby revised as follows:

C. Disputes

Any dispute concerning performance of the terms of this Contract shall be resolved informally by the Department’s Contract Managers. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Department’s Chief Financial Officer (CFO), or designee. The Department’s CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the Parties, the Department’s Contract Managers and the Department’s ATC Contract Administrator.

2.11 Section XIV. Other Conditions, E. Prison Rape Elimination Act (PREA), is hereby revised as follows:

E. Prison Rape Elimination Act (PREA)

The Contractor shall report any violations of the Prison Rape Elimination Act (PREA) Federal Rule 28 C.F.R. Part 115 to the Department’s Contract Manager, or designee.

2.12 Section XIV. Other Conditions, F. Insurance, is hereby revised as follows:

F. Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this Contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under this Contract. Upon the execution of this mailto:CO.PublicRecords@fdc.myflorida.com

Amendment #3 Page 7 of 11

Contract, the Contractor shall furnish the Department’s Contract Manager, or designee, written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Contractor is a state agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any party’s liability beyond that provided in Section 768.28., F.S.

2.13 Section XIV. Other Conditions, I. Annual Appropriation, is hereby revised as follows:

I. Annual Appropriation

The State of Florida’s and the Department’s performances and obligations to pay for goods and services under this Contract are contingent upon an annual appropriate appropriation by the Legislature. The costs of services paid under any other Contract or from any other source are not eligible for reimbursement under this Contract.

2.14 EXHIBIT B – ATTACHMENT III – PRICE PAGE, of ATC-17-001, Amendment #3, is hereby renamed EXHIBIT B – CONTRACTOR’S PRICING.

EXHIBIT B – CONTRACTOR’S PRICING is hereby revised to reflect the updated Contractor’s name, FEIN, and corrected item numbers. The revised EXHIBIT B is 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.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Revised 5/30/19 - Amendment #3 Page 9 of 11

All prices shall include delivery, set-up, startup, and instructions as outlined in this ITB.

ITEM #1 - WASHERS AND EXTRACTORS, at least 160 lb Capacity

Unit Price Estimated

Annual Quantity

Total Unit Price

19,900$ x 8 159,200$

19,900$ x 8 159,200$

TOTAL ITEM #1 318,400$

Brand , Model, and Capacity: UNIMAC MODEL #: UNW160T4V

ITEM #2 - DRYERS - Laundry Tumbler Dryer, at least 170 lb. Capacity

Type of Dryer Unit Price

Estimated Annual

Quantity

Total Unit Price

Item #2A-1 - 208/240V, 3 Phase Natural Gas 9,441$ x 3 28,323$

Item #2A-2 - 208/240V 440/480V,3 Phase Natural Gas 9,441$ x 3 28,323$

Item #2B-1 - 208/240V, 3 Phase LP Gas 9,441$ x 3 28,323$

Item #2B-2 - 208/240V 440/480V,3 Phase LP Gas 9,441$ x 3 28,323$

Item #2C-1 - 208/240V, 3 Phase Steam 9,441$ x 3 28,323$

Item #2C-2 - 208/240V 440/480V,3 Phase Steam 9,441$ x 3 28,323$

TOTAL ITEM #2 169,938$

Brand , Model, and Capacity: UNIMAC MODEL #: UT170

REVISED EXHIBIT B

ATTACHMENT III - PRICE PAGE CONTRACTOR'S PRICING

DC-ITB-15-143 ATC-17-001

Item

Item #1-A - 208/240V, 3 Phase

Item #1-B - 440/480V, 3 Phase

Item

Bidder Name and Signature on Page 10 of 10 of Revised Exhibit B.

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Revised 5/30/19 - Amendment #3 Page 10 of 11

ITEM #3 - WASHERS AND EXTRACTORS, 65 lb. Capacity

Unit Price Estimated

Annual Quantity

Total Unit Price

9,979$ x 2 19,958$

9,979$ x 2 19,958$

TOTAL ITEM #1 3 39,916$

Brand , Model, and Capacity: UNIMAC MODEL #: UWN065K2L (65 lbs)

ITEM #4 - WASHERS AND EXTRACTORS, 85 lb. Capacity

Unit Price Estimated

Annual Quantity

Total Unit Price

15,469$ x 2 30,938$

15,469$ x 2 30,938$

TOTAL ITEM #4 61,876$

Brand , Model, and Capacity: UNIMAC MODEL #: UWN085K2M (85 lbs)

ITEM #5 - DRYERS - Laundry Tumbler Dryer, 75 lb. Capacity

Type of Dryer Unit Price

Estimated Annual

Quantity

Total Unit Price

Item #6A-1 - 208/240V, 3 Phase Natural Gas 3,763$ x 3 11,289$

Item #6A-2 - 208/240V 440/480V,3 Phase Natural Gas 3,763$ x 3 11,289$

Item #6B-1 - 208/240V, 3 Phase LP Gas 3,763$ x 3 11,289$

Item #6B-2 - 208/240V 440/480V,3 Phase LP Gas 3,763$ x 3 11,289$

Item

Item

Item #3-A - 208/240V, 3 Phase

Item #3-B - 440/480V, 3 Phase

Item

Item #4-A - 208/240V, 3 Phase

Item #4-B - 440/480V, 3 Phase

Bidder Name and Signature on Page 10 of 10 of Revised Exhibit B.

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Revised 5/30/19 - Amendment #3 Page 11 of 11

ITEM #5 - DRYERS - Laundry Tumbler Dryer, 75 lb. Capacity (Cont)

Type of Dryer Unit Price

Estimated Annual

Quantity

Total Unit Price

Item #6C-1 - 208/240V, 3 Phase Steam 3,763$ x 3 11,289$

Item #6C-2 - 208/240V 440/480V,3 Phase Steam 3,763$ x 3 11,289$

TOTAL ITEM #6 5 67,734$

Brand , Model, and Capacity: UNIMAC MODEL #: UT075_QT (75 lbs)

$ 657,864

59-1536166 83-3915894

DELIVERY WILL BE MADE WITHIN DAYS AFTER RECEIPT OF ORDER.

SIGNATURE OF AUTHORIZED REPRESENTATIVE

Coin Laundry Equipment Co Inc. CLEC Distribution LLC.

Original Signature On File

Item

GRAND TOTAL

(Total of All Items # 1 - #5)

FEID#NNAME OF BIDDER

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