CN-700000-18003-AMD 1.pdf

ATC-18-003

Amendment #1 Page 1 of 10

Amendment #1

Personal Body Alarm (PBA) System Statewide

This Amendment (“Amendment”), effective the date fully executed below, to the Agency Term Contract ATC-18-003 (“Contract”) is between the State of Florida, Department of Corrections (“Department”) and Cornerstone Detention Products, Inc. (“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 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 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. except 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.

1.2 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. Street, Suite 311 328 Tallahassee, FL 32399 Telephone (850) 717-3700 Email: purchasing@fdc.myflorida.com

The Department’s Contract Manager is:

John McClelland, Construction Projects Consultant Facilities Management and Building Construction Florida Department of Corrections 501 S. Calhoun St.

Tallahassee, FL 32399-2500 Telephone 850-717-3929 mailto:purchasing@fdc.myflorida.com

Amendment #1 Page 2 of 10

Email: John.McClelland@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(s) for this Contract:

Primary Contact:

Donald M. Rochon, Executive Vice President Cornerstone Detention Products, Inc.

12700 – 31 Mile Road Washington, MI 48095 Telephone (586) 752-3200 Facsimile (586) 752-5270 Email: drochon@cornerstonedetention.com

Jay Matthews, Regional Vice President Cornerstone Detention Products, Inc.

621 Poole Drive Garner, North Carolina 27529 Telephone: (919) 325-4324 Mobile: (334) 498-9277 Fax: (919) 325-4326 Email: jmatthews@cornerstonedetention.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.

1.3 Section VIII. Termination, C. Termination for Cause is replaced in its entirety as follows:

C. Termination for Cause

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

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. The provisions herein do not limit the Department’s right to remedies at law or to damages.

If a breach of this Contract occurs by the Contractor, the Department can terminate the Contract for cause. The Department may elect to afford, at its mailto:John.McClelland@fdc.myflorida.com mailto:jmatthews@cornerstonedetention.com

Amendment #1 Page 3 of 10 exclusive option, an opportunity for the Contractor to cure the breach for cause within 30 calendar days upon written notice by the Department. Any breach of this Contract which 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 afford an opportunity 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 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.

1.4 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 obligations under this Contract. No subcontract, 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 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.

1.5 Section XI. Price Adjustments, is 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.

1.6 Section XIII, Other Conditions, H. Force Majeure is 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 performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, pandemics, strikes, or labor disputes.

Amendment #1 Page 4 of 10

1.7 Section XIII, Other Conditions, K. Scrutinized Company Contractor Certification is replaced in its entirety as follows:

K. Scrutinized Company Contractor Certification

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 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 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 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 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 commodities or services, of any amount, must certify that the company is not participating in a boycott of Israel.

1.8 Section XIII, Other Conditions, L. Utilization of E-Verify is replaced in its entirety as follows:

L. Utilization of E-Verify

The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274 of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this Agreement.

Pursuant to the State of Florida, Office of the Governor, Executive Order Number 11-116, the Contractor will utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of: (a) all persons employed during the term of the Contract by the Contractor to perform

Amendment #1 Page 5 of 10 employment duties within Florida within three (3) business days after the date of hire; and (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract with the Department within 90 calendar days after the date the Contract is executed or within thirty (30) days after such persons are assigned to perform work pursuant to the Contract, whichever is later. Refer to http://www.dhs.gov/files/programs/gc for more information.

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.

1.9 Section XIII, Other Conditions, M. Cooperation with the Florida Senate and Florida

House of Representatives is added as follows:

M. 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.

1.10 EXHIBIT B, ATTACHMENT I, PRICE PAGE, is hereby revised and attached hereto.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

https://e-verify.gov/employers https://e-verify.gov/employers

Revised

EXHIBIT B

ATTACHMENT I, PRICE PAGE

Revised 12/30/2020 Page 7 of 10

All pricing provided will be inclusive of all system components, documentation, testing, training, and installation required in this ITB. The estimated annual quantity is outlined below.

Submitted System Manufacturer: ACTALL PALS

CONTRACT YEARS ONE THROUGH FIVE

System Component Unit Cost Estimated Quantity

Extended Cost (Unit Cost Multiplied by

Estimated Quantity)

Central Console CPU. Intel i7 with ITB HD, Four (4) USB ports, Ethernet port DVD+-RW, Mouse, Keyboard, wired speakers, 24” LED monitor, Windows 10 Pro and UPS

$5,957.25 2 $11,914.50

Core PBA central console software suite upgrade of existing to provide real-time monitoring, alarm reporting and report generating capabilities.

$4,606.88 0 -

New 1st Core PBA central console software suite to provide real-time monitoring, alarm reporting and report generating capabilities. Includes 50 tags.

$9,993.75 1 $9,993.75

New 2nd Core PBA central console software suite to provide real-time monitoring, alarm reporting and report generating capabilities. Includes 50 additional tags. (100 total)

$20,889.38 1 $20,889.38

Increase tag licenses by 150 $9,945.00 0 -

Increase tag licenses by 400 $12,772.50 0 -

Increase tag licenses UNLIMITED $16,728.08 0 -

Database configuration $3,790.80 2 $7,581.60

Wireless PBA receiver $1,121.25 4 $4,485.00

Wireless repeaters $1,340.63 80 $107,250.40

PBA Transmitters $154.05 400 $61,620.00

Hourly rate for installation of system hardware (New Installations)

$164.78 250 $41,195.00

Per Hour

Hourly rate for system programming and testing (New Installations)

$270.00 150 $40,500.00

Per Hour

Contract Years One through Five Annual Total Cost (Sum of All Extended Costs)

$305,429.63

Cornerstone Detention Products, Inc. 63-1196091 Name of VendorContractor FEID #

FEIN

Revised 12/30/2020 Page 8 of 10

RENEWAL YEARS SIX THROUGH TEN

System Component Unit Cost Estimated Quantity

Extended Cost (Unit Cost Multiplied by

Estimated Quantity)

Central Console CPU. Intel i7 with ITB HD, Four (4) USB ports, Ethernet port DVD+-RW, Mouse, Keyboard, wired speakers, 24” LED monitor, Windows 10 Pro and UPS

$7,833.87 2 $15,667.74

Core PBA central console software suite upgrade of existing to provide real-time monitoring, alarm reporting and report generating capabilities.

$4,870.50 0 -

New 1st Core PBA central console software suite to provide real-time monitoring, alarm reporting and report generating capabilities. Includes 50 tags.

$10,505.00 1 $10,505.00

New 2nd Core PBA central console software suite to provide real-time monitoring, alarm reporting and report generating capabilities. Includes 50 additional tags (100 total).

$22,060.50 1 $22,060.50

Increase tag licenses by 150 $10,457.25 0 -

Increase tag licenses by 400 $13,417.75 0 -

Increase tag licenses UNLIMITED $17,619.75 0 -

Database configuration $4,985.10 2 $9,970.20

Wireless PBA receiver $1,473.57 4 $5,894.28

Wireless repeaters $1,761.98 80 $140,958.40

PBA Transmitters $201.51 400 $80,604.00

Hourly rate for installation of system hardware (New Installations)

$173.81 250 $43,452.50

Per Hour

Hourly rate for system programming and testing (New Installations)

$350.00 150 $52,500.00

Per Hour

Renewal Years Six through Ten Annual Total Cost (Sum of All Extended Costs)

$381,612.62

Revised 12/30/2020 Page 9 of 10

Description of Hourly Rate Unit Price

Initial Term Normal hourly rate for service technicians (service calls). This rate applies to scheduled and unscheduled service calls (8:00 a.m. to 5:00 p.m. M-F).

$95.00

After-hours hourly rate for service technicians (service calls). This rate applies to scheduled and unscheduled service calls (after-hours and holidays).

$142.50

Renewal Term Normal hourly rate for service technicians (service calls). This rate applies to scheduled and unscheduled service calls (8:00 a.m. to 5:00 p.m. M-F).

$115.00

After-hours hourly rate for service technicians (service calls). This rate applies to scheduled and unscheduled service calls (after-hours and holidays).

$172.50

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Revised 12/30/2020 Page 10 of 10

Submitted System Manufacturer: Linear

Description Item Number Quantity Ordered

Per Order

Unit Price

Linear Transmitter (DNT00087) MDT-MOD

1-25 $21.98

26-150 $19.98

151+ $17.48

Description Item Number Unit Price

Linear Wireless Access Controller (Receiver) AP-5 $100.80

9 inch solid wire whip antenna 109186-01 $4.80

9 inch solid wire whip antenna (10 Pack) 109186-01 $38.40

Donald M. Rochon, Executive Vice President 10/30/2017 Original Signature on File Date