CN-700000-DC001-AMD#2.pdf

Amendment #2 Agency Term Contract DCITB-13-001

Vented Can Liners

This Amendment (“Amendment”), effective January 31, 2019, or the date fully executed below, whichever occurs last, to the Agency Term Contract DCITB-13-001 (“Contract”) is between the State of Florida, Department of Corrections (“Department”) and Calico Packaging, LLC (“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 ASSIGNMENT

In accordance with Section 7.14, Assignment, the Department approves the assignment of this Contract from Calico Industries of Florida, LLC to Calico Packaging, LLC hereafter substituted throughout the Contract as “Contractor,” as if so originally named. Calico Packaging, LLC agrees to faithfully perform all obligations and duties previously performed by Calico Industries of Florida, LLC.

2.0 MODIFICATIONS

In accordance with Section 7.29, Addition/Deletion of Items and Section 7.30, Scope Changes after Contract Execution, of the above-referenced Contract, the following modifications are hereby applied:

2.1 The title of the Agency Term Contract, is hereby revised as follows:

Vented Can Liners

2.2 Section 4.2.18, Scrutinized Companies List, is hereby revised as follows:

Scrutinized Companies List Contractor Certification

Pursuant to Section 287.135, F.S., an entity or affiliate who has been placed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is ineligible for and may not bid on, submit a Bid for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.

In executing a contract resulting from this ITB and any subsequent renewals, the Contractor certifies that it is not listed on either the Scrutinized Companies with Activities

Agency Term Contract DCITB-13-001 Amendment #2 Page 1 of 10 dgenjcm Cross-Out in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. Pursuant to Section 287.135(5), F.S., the Contractor agrees the Department may immediately terminate this contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract. Additionally, the submission of a false certification may subject company to civil penalties, attorney's fees. and/or costs.

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 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.

2.3 Section 7.12, Disputes, is hereby revised as follows:

Disputes

Purchasing entities are to report any vendor failing to perform according to the requirements of this contract on a Department of Management Services' (DMS) Complaint to Vendor form (#PUR7017). The Bureau of Procurement & Supply will provide a copy of the #PUR7017 to the State Purchasing Office at the Department of Management Services. Should the vendor fail to satisfactorily correct the problem within a prescribed period of time, then a "Request for Assistance" form (#DC2-509) shall be submitted to the Contract Administrator with a copy to the Contract Manager, if applicable. The Contract Administrator shall decide the dispute (with input from the

Agency Term Contract DCITB-13-001 Amendment #2 Page 2 of 10

Contract Manager if applicable), reduce the decision to writing, and deliver a copy to the Vendor and the Contract Manager, if applicable. If the dispute cannot be resolved by the Contract Administrator, the issue shall be escalated to the Bureau Chief of Procurement and Supply for resolution. Copies of these submittals shall remain in the contract file for use in decisions regarding renewal options.

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 Department’s Chief Financial Officer (CFO), or designee. The Department’s CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the parties, the Contract Managers and the Department’s Contract Administrator.

2.4 Section 7.34, Public Records, is added as follows:

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

Agency Term Contract DCITB-13-001 Amendment #2 Page 3 of 10 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

2.5 Section 7.35, Cooperation with Inspector General, is added as follows:

Cooperation with Inspector General

In accordance with Section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing concerning this Contract.

2.6 ATTACHMENT 1 – CONTACT FOR CONTRACT ADMINISTRATION, is hereby replaced in its entirety, and the REVISED ATTACHMENT 1 is attached hereto.

2.7 ATTACHMENT 3 – DELIVERY CONTACTS, is hereby replaced in its entirety and the REVISED ATTACHMENT 3 is attached hereto.

2.8 ATTACHMENT 4 – COST INFORMATION SHEET, is hereby modified to reflect the updated Contractor’s name and FEIN, along with pricing for non -vented can liners. The REVISED ATTACHMENT 4 is attached hereto.

2.9 Section 2.1.1, Public Records, Section 2.1.2, Contractor Certification, and Section 2.1.3, Inspector General of Amendment #1, are hereby deleted in their entirety.

Agency Term Contract DCITB-13-001 Amendment #2 Page 4 of 10 mailto:CO.PublicRecords@fdc.myflorida.com

ATTACHMENT 1- CONTACT FOR CONTRACT ADMINISTRATION

DCITB-13-001

Designate one person authorized to conduct Contract administration.

.NAME:

TITLE:

C011J'ANY NAME:

Michael L. Heverly Chris Hartnett

Sr. Director of Bids/Contracts

Calico Industries of Florida LLC

ADDRESS: 1609 Cherrywood Lane

Longwood, FL 32750

TELEPHONE NUMBER: 800-638-0828

FAX NUMBER: 301-575-0131

E-MAIL ADDRESS: bids@calicoindustriesfl;com

ORDERING INFORMATION

ALL PURCHASE ORDERS SHOULD BE DIRECTED TO:

VENDOR

ADDRESS:

TELEPHONE NUMBER:

FAX NUMBER:

E-MAIL ADDRESS:

Same as above

FAXED ORDERS WILL x WILL NOT BE ACCEPTED.

Page 23 of29 DCITB-13-001

Chief Operating Officer

Calico Packaging, LLC

P. O. Box 794

Laurel, MD 20725

800-638-0828 ext. 5039 chris.hartnett@calicopackaging.com

REVISED

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REVISED

ATTACHMENT 3 – DELIVERY CONTACTS

REGION II

Baker Correctional Institution P.O. Box 500, 20706 US 90 W.

Sanderson, Florida 32087-0500

Columbia Correctional Institution 216 S.E. Corrections Way Lake City, Florida 32025-2013

REGION I

Apalachee Correctional Institution East 35 Apalachee Drive Sneads, Florida 32460-4166

Apalachee Correctional Institution West 52 West Unit Drive Sneads, Florida 32460-4165

Calhoun Correctional Institution 19562 SE Institution Drive Blountstown, Florida 32424-5156

Century Correctional Institution 400 Tedder Road Century, Florida 32535-3659

Franklin Correctional Institution 1760 Highway 67 North Carrabelle, Florida 32322

Gulf Correctional Institution 500 Ike Steele Road Wewahitchka, Florida 32465-0010

Holmes Correctional Institution 3142 Thomas Drive Bonifay, Florida 32425-0190

Jackson Correctional Institution 5563 10th Street Malone, Florida 32445-3144

Jefferson Correctional Institution 1050 Big Joe Road Monticello, Florida 32344-0430

Liberty Correctional Institution 11064 N.W. Dempsey Barron Road Bristol, Florida 32321-9711

Northwest Florida Reception Center 4455 Sam Mitchell Drive Chipley, Florida 32428-3597

Okaloosa Correctional Institution 3189 Little Silver Road Crestview, Florida 32539-6708

Quincy Annex 2225 Pat Thomas Parkway Quincy, Florida 32351-8645

Santa Rosa Correctional Institution 5850 East Milton Road Milton, Florida 32583-7914

Wakulla Correctional Institution 110 Melaleuca Drive Crawfordville, Florida 32327-4963

Walton Correctional Institution 691 Institution Road DeFuniak Springs, Florida 32433-1831

Revised 1/04/19 Agency Term Contract DCITB-13-001 Amendment #2 Page 7 of 10

Cross City Correctional Institution 568 NE 255th Street Cross City, Florida 32628

Florida State Prison 7819 N.W. 228th Street Raiford, Florida 32026-1000

Hamilton Correctional Institution 10650 SW 46th Street Jasper, Florida 32052-1360

Lancaster Correctional Institution 3449 S.W. State Road 26 Trenton, Florida 32693-5641

Lawtey Correctional Institution 7819 N.W. 228th Street Raiford, Florida 32026-2000

Madison Correctional Institution 382 Southwest MCI Way Madison, Florida 32340-4430

Mayo Correctional Institution Annex 8784 US Highway 27 West Mayo, Florida 32066-3458

New River Correctional Institution 7819 NW 228th Street Raiford, Florida 32026-3000

Putnam Correctional Institution 128 Yelvington Road East Palatka, Florida 32131-2112

Suwannee Correctional Institution 5964 U.S. Highway 90 Live Oak, Florida 32060

Reception and Medical Center West 8183 SW 152nd Loop P.O. Box 628 Lake Butler, Florida 32054-0628

Taylor Correctional Institution 8501 Hampton Springs Road Perry, Florida 32348-8747

Tomoka Correctional Institution 3950 Tiger Bay Road Daytona Beach, Florida 32124-1098

Union Correctional Institution 7819 N.W. 228th Street Raiford, Florida 32026-4000

REGION III

Avon Park Correctional Institution P.O. Box 1100 County Road 64 East Avon Park, Florida 33826-1100

Central Florida Reception Center 7000 H C Kelley Rd Orlando, Florida 32831-2518

DeSoto Annex 13617 S.E. Highway 70 Arcadia, Florida 34266-7800

Florida Women’s Reception Center 3700 NW 111th Place Ocala, Florida 34482-1479

Hardee Correctional Institution 6901 State Road 62 Bowling Green, Florida 33834-9505

Hernando Correctional Institution 16415 Springhill Drive Brooksville, Florida 34604-8167

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Lake Correctional Institution 19225 U.S. Highway 27 Clermont, Florida 34715-9025

Lowell Correctional Institution 11120 NW Gainesville Rd Ocala, Florida 34482-1479

Marion Correctional Institution 3269 NW 105th Street Lowell, Florida 32663-0158

Sumter Correctional Institution and BTU 9544 County Road 476B Bushnell, Florida 33513-0667

Polk Correctional Institution 10800 Evans Road Polk City, Florida 33868-6925

Zephyrhills Correctional Institution 2739 Gall Boulevard Zephyrhills, Florida 33541-9701

REGION IV

Charlotte Correctional Institution 33123 Oil Well Road Punta Gorda, Florida 33955-9701

Dade Correctional Institution 19000 S. W. 377th Street Florida City, Florida 33034-6409

Everglades Correctional Institution 1601 S.W. 187th Ave.

Miami, Florida 33185-3701

Homestead Correctional Institution 19000 S. W. 377th Street Florida City, Florida 33034-6409

Martin Correctional Institution 1150 S.W. Allapattah Road Indiantown, Florida 34956-4397

Okeechobee Correctional Institution 3420 N.E. 168th St.

Okeechobee, Florida 34972-4824

South Florida Reception Center 14000 NW 41st Street Doral, Florida 33178-3014

South Florida Reception Center - South 13910 NW 41st Street Doral, Florida 33178-3014

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REVISED

ATTACHMENT 4 – COST INFORMATION SHEET

DCITB-13-001

VENTED CAN LINERS

BID NO: #DCITB-13-001 FOB DESTINATION: (various locations/statewide)

As the best interest of the State may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof; on a geographical district basis and/or on a statewide basis with one or more suppliers; to reject any and all bids or waive any minor irregularity or technically in bids received.

Item Description Estimated Annual

Price Per Case

Total

1 10 gallon clear can liner, 1000/case, light duty, plastic, disposable, vented (Type I, Light Duty, MIL Wall Thickness:

1.0 (LLD)) *Calico 9910621*

670 36.44 24,414.80

2 44 gallon clear can liner, 125/case, medium Duty, plastic, disposable, vented (Type II, Medium Duty, MIL Wall Thickness: 2.0 (LLD)) *Calico 9910615*

3020 26.74 80,754.80

3 55 gallon clear can liner, 100/case, plastic, disposable, vented (Type I, Light Duty, MIL Wall Thickness: 2.0 (LLD)) *Calico 9910833*

320 26.63 8,521.60

4 10 gallon clear can liner, 1000/case, light duty, plastic, disposable, non-vented (Type I, Light Duty, MIL Wall Thickness: 1.0 (LLD) *Calico 9910125SP*

335 38.94 13,044.90

5 44 gallon clear can liner, 125/case, medium Duty, plastic, disposable, non-vented (Type II, Medium Duty, MIL Wall Thickness: 2.0 (LLD) *Calico 9910460*

1510 30.84 46,568.40

6 55 gallon clear can liner, 100/case, plastic, disposable, non-vented (Type I, Light Duty, MIL Wall Thickness: 2.0 (LLD) *Calico 9910543*

160 28.54 4,566.40

Grand Total $113,691.60 $177,870.90

DELIVERY WILL BE MADE 30 DAYS AFTER RECEIPT OF ORDER. (If Section 3.2 of this bid indicates a specific number of days required for delivery, then the number of days you insert here may be less than those required, but cannot be more.)

Calico Industries of Florida LLC Calico Packaging, LLC 46-1486613 82-53111969_________

NAME OF BIDDER FEID# FEIN

Original Signature on File________________________ 9/19/13__________________________

SIGNATURE OF AUTHORIZED REPRESENTIVE DATE

Revised 1/04/19 Agency Term Contract DCITB-13-001 Amendment #2 Page 10 of 10

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