CN-700000-T8260-AMD#3.pdf

ATC 10-DC-8260

Amendment #3 Page 1 of 11

Amendment #3

ATC # 10-DC-8260

Steam Kettles and Griddles

This Amendment (“Amendment”), effective May 24, 2019, or the date fully executed below, whichever occurs last, to the Agency Term Contract ATC # 10-DC-8260 (“Contract”) is between the State of Florida, Department of Corrections (“Department”) and Designs, Furnishings & Equipment, Inc. (“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 MODIFICATIONS

In accordance with Section 3.11 Contract Modifications, of the above-referenced Contract, the following modifications are hereby applied:

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

Steam Kettles and Griddles

1.2 Section 3.2, Delivery, is revised as follows:

3.2 Delivery

Product(s) shall be shipped FOB: destination within forty-five (45) days after receipt of an order.

Deliveries must be made between 8:30 am to 4:00 pm ET, Monday thru Friday excluding Saturdays, Sundays, and state holidays, unless otherwise stated herein or on a subsequent purchase order.

Product(s) shall be shipped as Free on Board (FOB) to the designated destination, and arrive within 45 days of Purchase Order issuance, or at the time mutually agreed upon between both Parties. 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.

1.3 Section 3.11, Contract Modifications, is revised as follows:

3.11 Contract Modifications Additions/Deletions

During the term of the Contract, the Department may require changes altering, adding to, or deducting from the Contract, provided that such changes are within the general scope of the Contract. The parties agree to renegotiate this Contract to comply with any applicable current or revised state laws, regulations, or increases/decreases in allocations making any changes in the Contract necessary. Modifications to provisions of this Contract shall only be valid through execution of a formal contract amendment, and duly signed by both parties. There are no obligations to agree by either party.

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During the term of the Contract, the Department reserves the right to add or delete the number of commodities or services, when considered to be in its best interest. Pricing shall be comparable to amounts awarded. Further, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of delivery locations.

1.5 Section 4.3.17, Scrutinized Companies, is revised as follows:

4.3.17 Scrutinized Companies Contractor Certification

In accordance with Section 287.135, F.S., agencies are prohibited from contracting with companies, for goods or services over $1,000,000, who are on either the “Scrutinized Companies with Activities in Sudan List,” or the “Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,” which have been combined to one PFIA List of Prohibited Companies, which is updated quarterly. This list is created pursuant to Section 215.473, F.S., which states that false certification may subject a 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.

1.6 Section 4.3.18, Inspector General, is revised as follows:

4.3.18 Cooperation with the Inspector General

The Vendor shall comply with Section 20.055(5), F.S., which states; it is the duty of every state officer, employee, agency, special district, board, commission, Vendor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review or hearing.

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.

Amendment #3 Page 3 of 11

1.7 Section 7.2.1, Termination at Will, is revised as follows:

7.2.1 Termination at Will

The Contract in whole or in part may be terminated by the Department upon no less than thirty (30) calendar days’ notice and by the Contractor upon no less than ninety (90) days notice, without cause, unless a lesser time is mutually agreed upon by both parties. If the Contract is executed via Purchase Order, notice of termination will be delivered electronically by change order to the Purchase Order through the state’s e-procurement system, MyFloridaMarketplace. If the Master Contract was executed by certifying the ITB/RFP as the Contract, the notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. Notices to the Department shall be sent to the individual listed in Section 4.1. Notices to the Vendor shall be sent to the individual listed in Attachment 1 – Contact (or Contract Administration).

This Contract may be terminated by either party at will upon no less than 30 calendar days’ written notice, unless a shorter period of time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in person with proof of delivery.

1.8 Section 7.2.2, Termination Because of Lack of Funds, is revised as follows:

7.2.2 Termination Because of For Lack of Funds

In the event funds to finance this purchase Contract become unavailable, the Department may cancelterminate the Contract upon no less than twenty-four (24) hours’ written notice in writing to the VendorContractor. Notice shall be delivered by certified mail (return receipt requested), facsimile, by other method 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.

1.9 Section 7.2.3, Termination for Cause, is revised as follows:

7.2.3 Termination fFor Cause

If any breach of the terms and conditions of the Department’s Purchase Order or any of its incorporated documents occurs by the Vendor, the Department may, by written notice to the Contractor, cancel the Contract upon twenty-four (24) hours’ notice. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. 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, which is left uncured after the expiration of 30 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

Amendment #3 Page 4 of 11 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. The provisions herein do not limit the Department’s right to remedies at law or to damages.

1.10 Section 7.2.4, Termination for Unauthorized Employment, is revised as follows:

7.2.4 Termination fFor Unauthorized Employment

Violation of the provisions of Section 274A of the Immigration and Nationality Act, shall be grounds for unilateral cancellation of the this Contract.

1.11 Section 7.4, Contract Management, is revised as follows:

7.4 Contract Management

Section 7.4.1, Department’s Contract Administrator

The Contract Administrator for this purchase will be:

Patti Casey, Assistant Bureau Chief Bureau of Procurement and Supply Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 850/414-8734 (telephone) 850/488-7189 (facsimile number) casey.patti@mail.dc.state.fl.us The Contract Administrator will perform the following functions:

7.4.1.1 maintain the Purchase Order or P-Card file;

7.4.1.2 process all change orders and purchase order cancellations; and maintain the official records of all correspondence between the Department and the Vendor.

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

Contract Administrator Bureau of Procurement Florida Department of Corrections 501 S. Calhoun St., Suite 327 Tallahassee, FL 32399 Telephone: (850) 717-3700

The Department’s Contract Manager is:

Geoff Pitts, Operations Manager

Amendment #3 Page 5 of 11

Bureau of Contract Management and Monitoring Florida Department of Corrections 501 S. Calhoun St.

Tallahassee, FL 32399-2500 Telephone: (850)-717-3958 Email: Geoff.Pitts@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 individuals to serve as the designated contact person for this Contract:

Michael J. McKernan, Vice President Designs, Furnishings & Equipment, Inc.

P.O. Box 2296 Daytona Beach, FL 32115 Telephone: (386) 252-4728 Email: dfeinc@cfl.rr.com

All questions and customer service issues concerning this Contract shall be directed to the Contractor’s designated contacts, 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.

1.12 Section 7.5, Contract Management Changes, is hereby deleted and removed in its entirety.

1.13 Section 7.8, Records, is revised as follows:

7.8 Public Records

Section 7.8.1 Public Records Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption.

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 mailto:Geoff.Pitts@fdc.myflorida.com mailto:dfeinc@cfl.rr.com

Amendment #3 Page 6 of 11 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

1.14 Section 7.19, Disputes, is revised as follows:

7.19 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 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 mailto:CO.PublicRecords@fdc.myflorida.com

Amendment #3 Page 7 of 11 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.

1.15 Section 7.21, Assignment, is revised as follows:

7.21 Assignment

The Contractor shall not assign its responsibilities or interests under this Contract to another party without prior written approval of the Department’s Contract Administrator, or the Contract Manager designee, if applicable. The Department shall, at all times, be entitled to assign or transfer its rights, duties and obligations under this Contract to another governmental agency of the State of Florida upon giving written notice to the Contractor.

1.16 Section 7.22, Force Majeure, is revised as follows:

7.22 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 of performance resulting directly or indirectly from acts of God, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

1.17 Section 7.26, Subcontracts, is added as follows:

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

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1.18 Section 7.27, Confidentiality, is added as follows:

7.27 Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintains confidentiality with reference to individual receiving services in accordance with applicable local, state, and federal laws, rules and regulations. The Department and the Contractor agree that all information and records obtained in the course of providing services under this Contract shall be subject to confidentiality and disclosure provisions of applicable federal and state statutes and regulations adopted pursuant thereto.

The Contractor agrees to keep all Department personnel information (i.e. FDC staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person, unless released in writing by said Department.

1.19 Section 7.28, Notices, is added as follows:

7.28 Notices

All notices required or permitted by this Contract shall be given in writing and by hand-delivery or email to the respective parties. 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.

1.20 Section 7.29, Prison Rape Elimination Act (PREA), is added as follows:

7.29 Prison Rape Elimination Act (PREA)

The Contractor shall report any violations of the Prison Rape Elimination Act (PREA) Federal Rule 28 C.F.R. Part 115 to the Department’s Contract Manager.

1.21 Section 7.30, Employee Status, is added as follows:

7.30 Employee Status

This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties 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 unemployment insurance law. The parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of each individual party. Services provided by each party pursuant to this Contract shall be subject to the supervision of each party. In providing such

REVISED 5/24/19 Page 10 of 11

Amendment #3

REVISED

MANDATORY FORM

COST INFORMATION SHEET

BID NO.: # 10-DC-8260 FOB DESTINATION:

Various locations/statewide

GROUP 1

ITEM# DESCRIPTION SOURCE PRICE EACH

1 Steam Kettle, Low Profile, 80 Gallon, Gas, Legion Model # LGB-80F (NO SUBSTITUTES)

Natural Gas $17,495.00 (4/14/11)

$18,545.00 (eff.7/19/12)

2 Steam Kettle, Low Profile, 60 Gallon, Gas, Legion Model # LGB-60F (NO SUBSTITUTES)

Natural Gas $15,995.00 (4/14/11)

$16,995.00 (eff.7/19/12)

3 Steam Kettle, Low Profile, 40 Gallon, Gas, Legion Model # LGB-40F (NO SUBSTITUTES)

Natural Gas $14,485.00 (4/14/11)

$15,354.00 (eff.7/19/12)

4 Steam Kettle, Standard Height, 80 Gallon, Gas

Legion Model # LGB-80 (NO SUBSTITUTES)

Natural Gas $15,995.00 (4/14/11)

$16,955.00 (eff.7/19/12)

5 Steam Kettle, Standard Height, 60 Gallon, Gas Legion Model # LGB-60 (NO SUBSTITUTES)

Natural Gas $14,495.00 (4/14/11)

$15,365.00 (eff.7/19/12)

6 Steam Kettle, Standard Height, 40 Gallon, Gas

Legion Model # LGB-40 (NO SUBSTITUTES)

Natural Gas $13,295.00 (4/14/11)

$14,093.00 (eff.7/19/12)

TOTAL PRICE: $97,307.00

AWARD BASED ON TOTAL PRICE: $91,760.00

Note: If pricing is different for Propane Gas, please provide unit cost below:

GROUP 2

ITEM# DESCRIPTION SOURCE PRICE EACH

1 Steam Kettle, Low Profile, 80 Gallon, Gas, Legion Model # LGB-80F (NO SUBSTITUTES)

LP Gas $17,495.00 (4/14/11)

$18,545.00 (eff.7/19/12)

2 Steam Kettle, Low Profile, 60 Gallon, Gas, Legion Model # LGB-60F (NO SUBSTITUTES)

LP Gas $15,995.00 (4/14/11)

$16,995.00 (eff.7/19/12)

3 Steam Kettle, Low Profile, 40 Gallon, Gas, Legion Model # LGB-40F (NO SUBSTITUTES)

LP Gas $14,485.00 (4/14/11)

$15,354.00 (eff.7/19/12)

4 Steam Kettle, Standard Height, 80 Gallon, Gas

Legion Model # LGB-80 (NO SUBSTITUTES)

LP Gas $15,995.00 (4/14/11)

$16,955.00 (eff.7/19/12)

5 Steam Kettle, Standard Height, 60 Gallon, Gas Legion Model # LGB-60 (NO SUBSTITUTES)

LP Gas $14,495.00 (4/14/11)

$15,365.00 (eff.7/19/12)

6 Steam Kettle, Standard Height, 40 Gallon, Gas

Legion Model # LGB-40 (NO SUBSTITUTES)

LP Gas $13,295.00 (4/14/11)

$14,093.00 (eff.7/19/12)

TOTAL PRICE: $97,307.00

Revised 7/11/2012

REVISED 5/24/19 Page 11 of 11

Amendment #3

GROUP 3

ITEM# DESCRIPTION Estimated

Quantity

PRICE EACH

1 Griddle w/Stand, 48" X 36" Gas Keating

Model No. 48 X 36FT; with correctional facility options

LP or Natural Gas

4 $14,549.00

TOTAL PRICE: $58,196.00

Revised 05/24/2019

DELIVERY WILL BE MADE WITHIN 44 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.)

Designs, Furnishings & Equipment, Inc. 59-3028621_________

NAME OF BIDDER FEID#N

Original Signature on File 3/14/2011__________

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE