CN-700000-19002-1.pdf

Amendment #1

ATC-19-002

Medical Supplies-Sanitary Napkins

This Amendment (“Amendment”), effective September 6, 2021 to the Agency Term Contract ATC-19-002

(“Contract”) is between the State of Florida, Department of Corrections (“Department”) and Bob Barker

Company, 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 RENEWAL

In accordance with Section III. Renewal Terms, ATC-19-002 is hereby renewed for a three (3) year period, ending September 5, 2024. This renewal shall be under the current pricing agreed upon by both

Parties.

2.0 MODIFICATIONS

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

2.1 Section VII. Contract Management, is revised as follows:

The Department’s 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 317 328

Tallahassee, FL 32399

Telephone: (850) 717-3700

Email: purchasing@fdc.myflorida.com

The Department’s Contract Manager is:

Michael Harrell, Chief

Bureau of Security Operations

Florida Department of Corrections

501 S. Calhoun St. Street

Tallahassee, FL 32399-2500

Telephone: (850) 717-3522

Email: Michael.Harrell@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 Contract

Manager, or designee.

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

Betsy Copeland, Contract Specialist

Bob Barker Company, Inc.

7925 Purfoy Road

Fuquay-Varina, NC 27526

Telephone: (919) 753-1654

Email: betsycopeland@bobbarker.com

All questions and customer service issues concerning this Contract shall be directed to the

Contractor’s designated contact(s) 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.

2.2 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 PUR 1000, as referenced in Exhibit A.

2.3 Section XIII, Delivery, is revised as follows:

Product(s) Shall be shipped as Free on Board (FOB) to the designated destination and arrive within 30 days of purchase order issuance, or at the time mutually agreed upon between both

Parties. the Contractor and the Department after the order is placed. Deliveries of goods, or provision of services, must be 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.

2.4 Section XIV, Other Conditions, H. Force Majeure is revised as follows:

H. Force Majeure

Neither pParty 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.

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

K. Scrutinized Companies Contractor Certification

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 1) the Scrutinized Companies with Activities in Sudan List, or 2) the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List created pursuant to 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 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.

2.6 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 form enforcing any nondisclosure clauses conflictive with this requirement.

2.7 Section XIV, Other Conditions, M. E-Verify is added as follows:

M. E-Verify

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 the 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.

2.8 EXHIBIT B, PRICE PAGE, of ATC-19-002 is hereby re-named EXHIBIT B, Contractor’s Pricing.

EXHIBIT B, Contractor’s Pricing is revised and 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.

Exhibit B Agency Term Contract

Price Page Contractor’s Pricing

FDC-ITB-18-083

SANITARY NAPKINS

Description of Goods

(A)

Unit Cost

(Per Item)

(B)

Estimated

Monthly

Quantity

(C=A x B)

Extended

Monthly

Cost

(D)

Name of

Proposed

Brand

(E)

Number of items

(F=E x A)

Cost per Case

Napkin, Sanitary, Feminine

Hygiene, Disposable, Regular Absorbency Maxi with Wings, Unscented

$0.0394

237,000

$9,337.80 Bob Barker

Brand

$22.69

Sanitary Napkins

Grand Total Price

$9,337.80

56-1558062

NAME OF CONTRACTOR

FEIN