CN-700000-17019-AMD #1.pdf

ATC-17-019 Page 1 of 9 Amendment #1

Amendment #1

ATC-17-019

Beverage Dispensers, Ovens and Ranges

This Amendment (“Amendment”), effective October 16, 2019, to the Agency Term Contract ATC-17-019 (“Contract”) is between the State of Florida, Department of Corrections (“Department”) and Beltram Edge Tool Supply, Inc. (“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 MODIFICATIONS

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

1.1 The title of the Agency Term Contract is revised as follows:

Beverage Dispensers, Ovens, and Ranges

1.2 Section I. Scope of Work is revised as follows:

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

1.3 Section V. Amendments is revised as follows:

No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both pParties., 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.

1.4 Section VII. Contract Management is 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 St., Suite 311 327 Tallahassee, FL 32399

ATC-17-019 Page 2 of 9

Telephone (850) 717-3700 Email: Purchasing@fdc.myflorida.com

The Department’s Contract Manager is:

Shane Phillips, Chief Geoff Pitts, Operations Manager - C Bureau of Contract Management & Monitoring Florida Department of Corrections 501 S. Calhoun St.Street Tallahassee, FL 32399-2500 Telephone (850) 717-3957 3958 Email: Shane.Phillips@fdc.myflorida.com Geoff.Pitts@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 individual(s) to serve as the designated contact person for this Contract:

Primary Contact:

Beltram Edge Tool Supply, Inc.

Carol J. Stanford, Vice President 6800 North Florida Avenue Tampa, Florida 33604 Telephone (800) 940-1136 ext. 1110 Email: cstanford@bekltram.com

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

1.5 Section VIII. Termination is 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 30 written calendar days’ written notice, unless a shorter period of time is mutually agreed upon by both pParties. 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.

mailto:Purchasing@fdc.myflorida.com mailto:Shane.Phillips@fdc.myflorida.com mailto:Geoff.Pitts@fdc.myflorida.com mailto:cstanford@bekltram.com

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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 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 obtained, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds.

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, which is left uncured after the expiration of 30 calendar days’ written notice by the Department, the Department may, by written notice to the Contractor, terminate this Contract upon 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, upon 24 hours’ written notice, as described in this section.

Notice of termination 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 for Unauthorized Employment

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

1.6 Section X. Subcontracts is 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 contractor obligations under this Contract. No subcontract, into which the Contractor enters into with respect to performance of any of its functions obligations 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.

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.

1.7 Section XI. Price Adjustments is revised as follows:

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

ATC-17-019 Page 4 of 9 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.

1.8 Section XIII. Delivery is 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 30 days of Purchase Order issuance, or at the time mutually agreed upon between both Parties. Deliveries of goods, 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 Contract.

1.9 Section XIV. Other Conditions, A. Public Records is revised as follows:

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 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; 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.

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:

ATC-17-019 Page 5 of 9

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@mail.dc.state.fl.us

CO.PublicRecords@fdc.myflorida.com

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

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

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

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.

1.12 Section XIV. Other Conditions, K. Scrutinized Companies Contractor Certification is revised as follows:

If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that they are not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Sections 215.473, F.S. and 215.4725, F.S.

Pursuant to Section 287.135(5), F.S., and 287.135(3), F.S., Contractor agrees the Department may immediately terminate the 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, or the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel during the term of the Contract.

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 the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector mailto:CO.PublicRecords@mail.dc.state.fl.us mailto:CO.PublicRecords@fdc.myflorida.com

ATC-17-019 Page 6 of 9

List created pursuant to Sections 215.473, F.S., and 215.4725, F.S., and further certifies they are not engaged in business operations in Cuba or Syria. 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 or services, of any amount, must certify that the company is not participating in a boycott of Israel.

1.13 Section XIV. Other Conditions, L. Cooperation with the Florida Senate and Florida House of Representatives is 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.

1.14 EXHIBIT B – ATTACHMENT I – PRICE PAGE, of ATC-17-019 is hereby re-named EXHIBIT B –

CONTRACTOR’S PRICING.

EXHIBIT B - Contractor’s Pricing is revised to add additional Department-approved kitchen equipment items.

EXHIBIT B - CONTRACTOR’S PRICING is attached hereto.

2.0 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.

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ATC-17-019 Page 8 of 9

Revised 09/24/2019

REVISED

Exhibit B

ATTACHMENT I – PRICE PAGE CONTRACTOR’S PRICING

FDC ITB-17-114 ATC-17-019

FOB Destination: Statewide, Please see Attachment II, Delivery Locations, for a list of possible locations.

Proposed costs must be rounded to the nearest one cent ($0.00).

BEVERAGE DISPENSERS

CONTRACT YEAR 1

Item

Item Description

Make/Model (or approved equivalent)

Make/Model Submitted

Unit Price

Estimated Annual

Quantity

Total Price

1 Beverage Dispenser, 40 Gallon, Low Temp LTDC-40BD LTDC-40BD $5,888.00 x 4 = $23,552.00

2 Beverage Dispenser, 60 Gallon, Low Temp LTDC-60BD LTDC-60BD $6,525.00 x 4 = $26,100.00

TOTAL YEAR 1 (add totals for Items 1-2)

$49,652.00

CONTRACT YEAR 2

equivalent)

Make/Model

Gallon, Low Temp LTDC-40BD LTDC-40BD $6,100.00 x 4 = $24,400.00

2 Beverage Dispenser, 60 Gallon, Low Temp LTDC-60BD LTDC-60BD $6,764.00 x 4 = $27,056.00

TOTAL YEAR 2 (add totals for Items 1-2)

$51,456.00

CONTRACT YEAR 3

equivalent)

Make/Model

Gallon, Low Temp LTDC-40BD LTDC-40BD $6,100.00 x 4 = $24,400.00

2 Beverage Dispenser, 60 Gallon, Low Temp LTDC-60BD LTDC-60BD $6,764.00 x 4 = $27,056.00

TOTAL YEAR 3 (add totals for Items 1-2)

$51,456.00

GRAND TOTAL PRICE (SUM OF ALL 3 YEARS) $152,564.00

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ATC-17-019 Page 9 of 9

Revised 09/24/2019

RANGES and OVENS equivalent)

Power Source

Unit Price Estimated Annual

Range W/Oven & Six Burners, Gas; Heavy Duty;

correctional package

Garland/US Range Model No. C836-6

LP Gas

$5,697.06 x

$22,788.24 Natural Gas

$5,697.06

Range W/Double Oven & Eight Burner; Heavy Duty, Gas; with “Restaurant Series”

Garland/US Range Model No. G48-8LL

$5,109.13

$20,436.52 Natural

$5,109.13

Convection Oven, Double, Gas Duke Model No.

613G2V with correctional package; Duke Model No.

613-Slide FLDC

Duke Manufacturing/ Model No. 613-

G2V

$11,715.15

$46,860.60 Natural

$11,715.15

TOTAL

$90,085.36

Beltram Edge Tool Supply, Inc. 59-1468996

NAME OF BIDDER FEIND#

Original Signature on File 11/17/16

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

Carol J. Stanford, Vice President

PRINTED NAME OF AUTHORIZED REPRESENTATIVE