CN-700000-18008-AMD #4.pdf

Amendment #4

ATC-18-008

Barber Supplies

This Amendment (“Amendment”), effective the date fully executed by both parties, to the Agency Term Contract ATC-18-008 (“Contract”) is between the State of Florida, Department of Corrections (“Department”) and Phoenix Trading, Inc. dba Amercare, Inc. (“Contractor”). The Department and Contractor are collectively referred to herein as “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 VII. Contract Management, is revised as follows:

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

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

The Department’s Contract Manager is:

Loran Schrader, Correctional Services Consultant Timothy Hooten, Operations Manager Office of Institutions Florida Department of Corrections 501 South Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3671 717-3248 Email: Loran.Schrader@fdc.myflorida.com Email: Timothy.Hooten@fdc.myflorida.com mailto:purchasing@fdc.myflorida.com mailto:Loran.Schrader@fdc.myflorida.com mailto:Timothy.Hooten@fdc.myflorida.com

Amendment #4 Page 2 of 11

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. The Contractor shall address all communication relating to the Contract Manager. Any communication to the Department relating to the Contract shall be addressed to the Contract Manager, or designee.

The Contractor has assigned the following individual(s) to serve as their Representative the designated contact person(s) for this Contract:

The Contract Representative is:

Phoenix Trading, Inc. dba Amercare, Inc.

Julie Siegel, Operations Manager 17661 128th Place NE Woodinville, WA 98072 Telephone: (800) 556-6322 Email: julie@amercareproducts.net

The Department will direct All all questions and customer service issues concerning this Contract shall be directed to the Contractor’s Representative designated contacts person(s) above. It will be the Contractor’s Representative’s designated contact 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 representative for this Contract.

1.2 Section VIII. Termination, A. Termination at Will is revised as follows:

A. Termination at Will

This Contract may be terminated by eEither party may terminate this Contract at will, including due to an award under competitive procurement, upon no less than 30 Days’ written calendar days’ notice, unless a shorter time is mutually agreed upon by both pParties. A Party shall deliver Nnotice shall be delivered by certified mail (return receipt requested), by other delivery methods of delivery whereby an original signature is obtained, or in person with proof of delivery.

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

mailto:julie@amercareproducts.net

Amendment #4 Page 3 of 11

1.3 Section VIII. Termination, B. Termination Because of Lack of Funds is revised as follows:

B. Termination Because of Due to Lack of Funds

If 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. The Department will deliver Nnotice shall be delivered by certified mail (return receipt requested), facsimile, by other delivery methods 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.

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

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, the Department 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 within which is left uncured after the expiration of 30 dDays upon written notice by the Department., Any breach of this Contract still left uncured by the Contractor after the Department has elected to provide 30 Days to cure (remedy) the breach may result in the Department’s termination of this Contract may, by written notice to the Contractor, terminate this Contract upon 24 hours’ notice by the Department. If the Department does not elect to allow the Contractor to cure a breach (e.g., instances of egregious Contractor conductor 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 of termination shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another delivery 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 Section 287.1351, F.S. The provisions herein do not limit the Department’s right to remedies at law or to damages in equity.

1.5 Section X. Subcontracts, is revised as follows:

X. Subcontracts

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, enter into written subcontract(s) for performance of certain functions under this Contract. No subcontract, which the Contractor enters into with respect to performance of any its functions under this Contract, shall in any way relieve the Contractor of any

Amendment #4 Page 4 of 11 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 for liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities under this Contract.

The Contractor may, with the prior written consent of the Department, enter into written subcontracts for delivery or performance of services, as indicated in this Contract. No subcontract, into which the Contractor enters for the performance of any of its duties under the Contract, shall in any way relieve the Contractor of any responsibility for the performance of the Contract. All subcontractors, regardless of function, shall comply with the Department’s security requirements, including background checks, and all other Contract requirements. The 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 held accountable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the Contractor is solely responsible to the subcontractor for all expenses and liabilities under the Contract. 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.

1.6 Section XIV. Other Conditions, A. Public Records is 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 service 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 Chapter 119, F.S. 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; 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

Amendment #4 Page 5 of 11 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 §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 either §Section 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:

Florida Department of Corrections ATTN: Public Records Unit 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3605 412-2664 Fax: (850) 922-4355 Email: CO.PublicRecords@fdc.myflorida.com

Website:https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvk hn004wtw1eymm15f4x))/SupportHome.aspx

1.7 Section XIV, Other Conditions, D. Notices is revised as follows:

D. Notices

Unless otherwise required herein, the Parties shall provide Aall notices required or permitted by this Contract shall be given in writing, and by mail, hand-delivery, or email to the respective pParties. All notices by hand-delivery shall be deemed received on the date of delivery and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable. Both parties may change their contact information and Contract Manager by written notice given to the other party as provided above.

mailto:CO.PublicRecords@fdc.myflorida.com https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx

Amendment #4 Page 6 of 11

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

G. Employee Independent Contractor Status

This Contract does not create an employee/employer relationship between the parties. It is the intent of tThe pParties that the Department and Contractor 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 Workers’ Compensation Act, and the State’s unemployment insurance law. The pParties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their Contract duties. activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of each individual party. Services and commodities provided by each pParty pursuant to under this Contract shall be subject to the supervision of each the other party. In providing performing this Contract such services, neither pParty nor its agents shall act as officers, employees, or agents of the other pParty. The pParties agree that they are separate and independent business enterprises, and that each has the ability to can pursue other opportunities.

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

1.9 Section XIV, Other Conditions, M. Cooperation with the Florida Senate and Florida House of Representatives is revised as follows:

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

In accordance with Section 287.058(7), F.S. 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 In accordance with Sections XI. Price Adjustments, and XII. Additions/Deletions, REVISED

EXHIBIT B, CONTRACTOR’S PRICING, is hereby revised and attached hereto.

REVISED

EXHIBIT B

CONTRACTOR’S PRICING

Amendment #4 Page 8 of 11

GROUP I

CLIPPERS, TRIMMERS, BLADES & GUIDES

NO. Description Manufacture

Item # (A)

Unit Price

(B) Estimated

Annual Quantity

(A x B = C) Total Price

1 Oster Classic 76 Clipper 76076-010 $173.39 $134.36 35 $6,068.65

$4,702.60 2 Oster Turbo 111 Clipper 76111 $106.24 15 $1,593.60

3 Oster Model 10 Heavy Duty Clipper 76010 $118.74 15 $1,781.10

4 Oster Fast Feed Clipper 76023-510 $72.58 $56.24 15

$1,088.70 $843.60

5 Oster T-Finisher Trimmer 76059-010 $56.45 $43.74 15

$846.75 $656.10

6 Oster Finisher Narrow Blade Trimmer 76059-030 $43.74 15 $656.10

7 Andis Excel 2-Speed Detachable Blade Clipper 22315 $140.18

$127.44 25 $3,504.50 $3,186.00

8 Andis Master MI Clipper 01557 $125.54 $102.65 15

$1,883.10 $1,539.75

9 Andis Outliner II Trimmer Model GO 4603 $71.20 $58.21 15

$1,068.00 $873.15

10 Andis Styliner II Trimmer Model SLII 26700 $47.20 15 $708.00

11 Andis T-Edjer Trimmer Model AEE 15430 $52.89 15 $793.35

12 Andis Fade Master Clipper Model ML 01690 $125.54 $102.65 15

$1,883.10 $1,539.75

13 Replacement Blade – Oster 76-111 Size #1, Each 76918-086 $25.55

$20.38 50 $1,277.50 $1,019.00

Phoenix Trading, Inc. dba Amercare, Inc. 91-1552820

NAME OF BIDDER (COMPANY) FEIN NUMBER

CONTINUED

Amendment #4 Page 9 of 11

CONTINUED

GROUP I

CLIPPERS, TRIMMERS, BLADES & GUIDES

14 Replacement Blade – Oster 76-10 Size #000, Each 76918-026 $25.55

$20.38 50 $1,277.50 $1,019.00

15 Replacement Blade – Oster Fast Feed 23- 51, Each 913-50 $19.24

$15.36 50 $962.00 $768.00

16 Replacement Blade – Oster T-Finisher 59- 01, Each Narrow Blade, Each 913-56 $18.10

$16.85 50 $905.00 $842.50

17 Replacement Blade – Oster T-Finisher 59- 01 T-Blade, Each 913-58 $21.59

$16.85 50 $1,079.50 $842.50

18 Replacement Blade – Oster T-Finisher 59- 01 Shaving Blade, Each 913-006 $16.85 50 $842.50

19 Replacement Blade – Andis Master MI (#22 Blade), Each 03221 $23.59

$18.18 50 $1,179.50 $909.00

20 Replacement Blade – Andis Outliner II Trimmer, Each 04604 $17.88

$13.78 50 $894.00 $689.00

21 Replacement Blade – Andis Styliner II, Each 26704 $17.88

$13.78 50 $894.00 $689.00

22 Replacement Blade – Andis T-Edjer, Each 15528 $13.78 50 $689.00

23 Replacement Blade – Andis Fade Master, Each 01591 $23.59

$18.18 50 $1,179.50 $909.00

24 Replacement Blade – Andis Excel Detachable Blade, Size 000, Each 64073 $25.27

$19.46 50 $1,263.50 $973.00

25 Replacement Blade – Andis Excel Detachable Blade, Size 1, Each 64465 $30.18

$23.25 50 $1,509.00 $1,162.50

26 Oster Universal Comb #0 – size 1/16”, Each $2.43 50 $121.50

27 Oster Guide #1 – size 1/8", Each $2.43 50 $121.50

28 Oster Guard #2 – size 1/4", Each $2.43 50 $121.50

29 Oster Guard #3 – size 3/8”, Each $2.43 50 $121.50

30 Oster Guide #4 – size 1/2", Each $2.61 $2.43 50 $130.50

$121.50

31 Oster Guide #5 – size 5/8", Each $2.61 $2.43 50 $130.50

$121.50

Amendment #4 Page 10 of 11

CONTINUED

GROUP I

CLIPPERS, TRIMMERS, BLADES & GUIDES

32 Oster Guide #6 – size 3/4", Each $2.43 50 $121.50

34 Oster Guide #8 – size 1", Each $2.56 50 $128.00

35 Oster Guide #10 – size 1-1/4", Each $2.75

$2.56 50 $137.50 $128.00

36 Oster 10-Piece Universal Comb Set, Each $23.79

$18.98 50 $1,189.50 $949.00

Oster Detachable Blade Size 00000 – Classic 76 & Model 10 76918-006 $25.55

$20.38 50 $1,277.50 $1,019.00

Oster Detachable Blade Size 0000 – Classic 76 & Model 10 76918-016 $25.55

$20.38 50 $1,277.50 $1,019.00

Oster Detachable Blade Modified 0A – Classic 76 & Model 10 76918-036 $25.55

$20.38 50 $1,277.50 $1,019.00

Oster Detachable Blade Size 0A – Classic 76 & Model 10 76918-056 $25.55

$20.38 50 $1,277.50 $1,019.00

Oster Detachable Blade Size 1A – Classic 76 & Model 10 76918-076 $26.39

$22.01 50 $1,319.50 $1,100.50

Oster Detachable Blade Size 1.5 – Classic 76 & Model 10 76918-116 $29.81

$21.76 50 $1,490.50 $1,088.00

Oster Detachable Blade Size 2 – Classic 76 & Model 10 76918-126 $32.35

$26.99 50 $1,617.50 $1,349.50

Oster Detachable Blade Size 3.5 – Classic 76 & Model 10 76918-146 $34.05

$28.40 50 $1,702.50 $1,420.00

Oster Detachable Blade Size 3.75 – Classic 76 & Model 10 76918-206 $38.30

$31.95 50 $1,915.00 $1,597.50

Oster Detachable Blade 18 Skip tooth Blade – Classic 76 & Model 10 76918-106 $24.85 50 $1,242.50

Oster Detachable Blade Texturizing Blade

– Classic 76 & Model 10 76918-306 $29.83 50 $1,491.50

Oster Detachable Blade Flattop Blade – Classic 76 & Model 10 76918-216 $23.43 50 $1,171.50

Oster Detachable Blade Size 00000 – Turbo III Clipper 76911-006 $21.90

$20.38 50 $1,095.00 $1,019.00

Amendment #4 Page 11 of 11

GROUP I

CLIPPERS, TRIMMERS, BLADES & GUIDES

Oster Detachable Blade Size 0000 – Turbo III Clipper 76911-016 $21.90

$20.38 50 $1,095.00 $1,019.00

Oster Detachable Blade Size 000 – Turbo III Clipper 76911-026 $21.90

$20.38 50 $1,095.00 $1,019.00

Oster Detachable Blade Size 0A – Turbo III Clipper 76911-056 $21.90

$20.38 50 $1,095.00 $1,019.00

Oster Detachable Blade Size 1 – Turbo III Clipper 76911-086 $21.90

$20.38 50 $1,095.00 $1,019.00

Oster Detachable Blade Size 1A – Turbo III Clipper 76911-076 $22.95

$22.01 50 $1,147.50 $1,100.50

Oster Detachable Blade Size 1.5 – Turbo III Clipper 76911-116 $21.76 50 $1,088.00

Oster Detachable Blade Size 2 – Turbo III Clipper 76911-126 $28.14

$26.99 50 $1,407.00 $1,349.50

Oster Detachable Blade Size 3.5– Turbo III Clipper 76911-146 $29.42

$28.40 50 $1,471.00 $1,420.00

GRAND TOTAL - GROUP I

(Sum of Column C)

$65,799.95 $56,872.60

Original Signature on File 01/18/2018

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

Julie Siegel, Operations Manager

PRINTED NAME OF AUTHORIZED REPRESENTATIVE