CN-700000-19008-AMD #01.pdf

Amendment #01

ATC-19-008

Towels and Washcloths

This Amendment (“Amendment”), effective the date fully executed below, to the Agency Term Contract ATC-19-008 (“Contract”) is between the State of Florida, Department of Corrections (“Department”) and Tabb Textiles 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, the above-referenced Contract is hereby renewed for a three (3) year term, ending December 10, 2024. This renewal shall be under the same terms and conditions indicated in the current Contract including current and future modifications made in accordance with Section V. Amendments.

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 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:

Todd Sharpe, Assistant Bureau Chief of Security Operations

Office of Institutions

Florida Department of Corrections

501 S. Calhoun St. Street Tallahassee, FL 32399-2500

Telephone: (850) 717-3330

Email: Todd.Sharpe@fdc.myflorida.com mailto:purchasing@fdc.myflorida.com mailto:Todd.Sharpe@fdc.myflorida.com

Amendment #01 ATC-19-008 Page 2 of 7

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:

Primary Contact:

Marsha Thrift Sarah Cook, Contract Administrator Tabb Textile Company, Inc.

511 Pleasant Drive

Opelika, AL 36801

Telephone (334)-745-6762

Email: marshatabb@textilegroup.net

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.

2.2 Section VIII. Termination, C. Termination for Cause is hereby replaced 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 calendar days’ written notice by the Department, the Department may 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, 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.

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 exclusive option, an opportunity for the Contractor to cure the breach 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 mailto:marshatabb@textilegroup.net

Amendment #01 ATC-19-008 Page 3 of 7

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 in equity.

2.3 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; (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:

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 mailto:CO.PublicRecords@fdc.myflorida.com

Amendment #01 ATC-19-008 Page 4 of 7

Website:

https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15 f4x))/SupportHome.aspx

2.4 Section XIV. 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.

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, Florida Statutes (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 Pursuant to Sections 287.135(5)(2)(b)2, F.S. Pursuant to Sections and 287.135(3)(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. L. Cooperation with the Florida Senate and Florida House of Representatives is hereby 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.

https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx

Amendment #01 ATC-19-008 Page 5 of 7

2.7 Section XIV. M. E-Verify, is hereby 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 to be in compliance with this provision.

Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and 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 Section XIV. N. Cooperative Purchasing is hereby added as follows:

N. Cooperative Purchasing

Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases under the terms and conditions contained herein.

The Department shall not be a party to any transaction between the Contractor and any other purchaser.

Other State of Florida agencies wishing to make purchases from this agreement are required to follow the provisions of Section 287.042(16), F.S. This statute requires the Florida Department of Management Services to determine that the requestor’s use of this Contract is cost-effective and in the best interest of the State.

2.9 In accordance with Section XII. Additions/Deletions, Revised Exhibit B — Contractor’s Pricing, is hereby revised and 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.

https://e-verify.gov/employers

Revised Exhibit B – Contractor’s Pricing

ATTACHMENT I – PRICE PAGE

Amendment #01 ATC-19-008 Page 7 of 7

Bids must be Pricing is firm prices, and shall include all packaging, handling, shipping, and other applicable fees. Bidders shall provide a Unit Cost per item below, then propagate a total for the item based upon the Estimated Number of commodities to be purchased, as needed. Shipping Destinations include all sites listed in Attachment IV, Delivery Locations.

Description of Goods (A)

Unit Cost (Per Dozen)

(B)

Estimated Annual Quantity (Dozens)

(C=A x B) Extended Annual

Cost

(D)

Name of Proposed Brand

(E)

Number of Dozens in a Box

1 Towels $10.87 $8.43

40,440 $439,582.80 $340,909.20

Tabb Textile 10 Dozen

2 Washcloth $1.79 $1.43

246,750 $441,682.50 $352,852.50

Tabb Textile 50 Dozen

Grand Total Price (Sum of Column C)

$881,265.30

$693,761.70

Towels and Washcloths must meet the following specifications:

• White in color

• Institutional grade

• Dense loop terry

• Minimum 85% cotton

• Durable design engineered to maintain shape; and all sides hemmed

For each item above, the Vendor shall provide the proposed brand and number of units (items) in each box or case, as indicated in

Columns D-F. The size of packaging will not be used for the basis of an award (see Section 4.11, Basis of Award, for additional information). The Department may request sample(s) to be submitted for review. If sample(s) are requested, they shall be an exact version of the item bid which would be provided under any Contract resulting from this ITB. The sample(s) shall be furnished to the Department at no additional expense. Failure to deliver requested sample(s) after notification will result in rejection of a Vendor’s Bid.

Tabb Textile Company, Inc. 06-1169698

NAME OF VENDOR FEIN