ITB007702_Revised_Contract.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: BAGGED ICE CUBES

CONTRACT No.: ITB007702

CONTRACT ID: 7702-A3

EFFECTIVE DATES: 2/22/2022 to 1/31/2025

* Renewal through 01/31/27

* SUPPLIER: CJGS LLC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000001413 that opened on 01/14/2022. The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed.

The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 24 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to THE DEPARTMENT OF NATURAL RESOURCES, DIVISION OF PARKS AND RECREATION, AND THE DEPARTMENT OF ADMINISTRATIVE SERVICES, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the Ohio|Buys public portal at the following address:

https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date

* Indicates a 24-month renewal and a correction to the name of the Supplier, effective 02/01/25 through 01/31/27.

https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

* 1 – SPECIFICATIONS AND REQUIREMENTS

1.1. SCOPE:

The purpose of this term contract is to obtain a contractor(s) to furnish and deliver bagged ice cubes for resale at state parks in Ohio and for emergency use by the Department of Administrative Services (DAS) when the Emergency Management Agency (EMA) is activated.

1.2 CLASSIFICATION:

Ice Cubes, Bagged:

1.2.1 7 lb. bags

1.2.2 20 lb. bags

1.3 APPLICABLE DOCUMENTS:

1.3.1 Ohio Administrative Code, Chapter 901.3 – Food Safety

1.3.2 Code of Federal Regulations, Title 21: Food and Drinks, Parts 101.3 – 101.5, and 101.105 – Labeling Requirements

1.4 REQUIREMENTS:

1.4.1 Facility. Ice shall be produced in a facility operating in accordance with safe sanitation and good manufacturing practices and under regular inspection for same by the Ohio Department of Agriculture, Division of Food Safety or other applicable entity if facility is not located in Ohio.

1.4.2 Product:

1.4.2.1 Ice shall be produced from potable water.

1.4.2.2 Ice shall be produced utilizing strict sanitation conditions and practices to assure a safe, wholesome product.

1.4.2.3 Ice shall be provided in 7 lb. and 20 lb. bags.

1.4.2.4 Bags shall be a minimum of 1.5 ml for 7 lb. bags and 2.0 ml for 20 lb. bags, clear, virgin plastic.

1.4.2.5 Bags shall be labeled in accordance with legal requirements of paragraph 1.3.2 of the bid specification.

1.4.2.6 Bags shall be sealed by a ring closure or other acceptable method standard to the industry.

1.4.3 Merchandisers:

1.4.3.1 Contractor shall supply, at no additional charge to the state, an ice merchandiser, complete with lock and key, to each state park participating in the contract. Some parks may require multiple merchandisers.

1.4.3.2 Merchandisers shall be clean, attractive, and in good working order.

1.4.3.3 Contractor shall be responsible for maintaining merchandisers during the term of the contract.

1.4.3.4 Contractor shall repair out of service merchandisers within three (3) business days of notification or shall replace unit.

1.4.3.5 Contractor shall credit the state for ice that melts due to malfunctioning merchandisers.

1.4.3.6 Merchandisers shall be 40 cu. ft. capacity.

1.5 NOTES:

1.5.1 Guaranty: Contractor guarantees that, as of the date of delivery to the state or the state's agent, the product(s) offered is (are) not adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act ("the ACT"), and not an article which may not, under the provisions of section 405, 505, or 512 of the Act, be introduced into interstate commerce.

* Indicates administrative correction that includes reformatting and repagination, effective 04/01/24.

* 1.5.2 Park Listing: Some parks listed in the bid pricing pages are currently not participating in ice resale. The state of Ohio reserves the right to require delivery to these or to additional state park locations during the term of any contract issued pursuant to this ITB. Usage may also decline or be discontinued due to operation changes.

If awarded contractor in one region fails to deliver during an emergency event, DAS reserves the right to purchase from another contractor that can deliver in the time required for said emergency. DAS reserves the right to charge damages, per the contract terms and conditions, to the contractor that failed to be able to deliver unless the failure to deliver was due to Force Majeure, “acts of God”, per the contract terms and conditions.

2 – STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 9/8/21) will apply to this Contract.

3 – SPECIAL CONTRACT TERMS AND CONDITIONS

3.1 – AMENDMENT TO CONTRACT TERMS AND CONDITIONS

The following Amendments to the Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the Contract Terms and Conditions, the Amendment will prevail.

3.2 – DELIVERY AND ACCEPTANCE

Supplies will be delivered to the participating agency, the Department of Natural Resources (DNR), within twenty-four (24) hours after receipt of order from the parks from Memorial Day to Labor Day and within one (1) business day during the balance of the calendar year or in accordance with a mutually agreeable delivery schedule; Delivery for the Department of Administrative Services (DAS) during an emergency will be upon mutually agreeable delivery schedule as events unfold. The delivery location will be noted on the purchase order issued by the participating agency. Some locations only have access via ferry and delivery must be to the location itself. It is the responsibility of the supplier to organize the deliveries and ensure the delivery to these locations is done on time. These locations are displayed in section 6 of this contract.

3.3 – MINIMUM ORDER

No order shall be placed against a contract awarded pursuant to this bid for less than twenty-five ($25.00) dollars.

3.4 – FIXED PRICE WITH ECONOMIC ADJUSTMENT

The Contract prices(s) will remain firm for the first twelve (12) months duration of the Contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective thirty (30) calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from his suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost of the finished supplies, due to increases in the cost of raw materials, labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the Contract items and proposed price increases, must be submitted to support the requested increase. Supportive documentation should include, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the Contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the Contract pricing will be returned to the pricing in effect prior to the temporary decrease. For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease. Failure to comply with this provision will be considered as a default and will be subject to I.C. “Termination / Suspension” and Provision II. of the “Contract Remedies:” of the “Standard Contract Terms and Conditions”.

* Indicates administrative corrections that include reformatting and repagination, effective 04/01/24.

https://procure.ohio.gov/pdf/Standard_t_c_090821.pdf

* 3.5 - PROHIBITION OF THE EXPENDITURE OF PUBLIC FUND FOR OFFSHORE SERVICES

No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

4 – INVITATION TO BID INSTRUCTIONS

Instructions, Terms and Conditions for Bidding that apply to the solicitation.

5 – SPECIAL INSTRUCTION TO BIDDERS

5.1 – EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will: determine the lot price for each bid region by multiplying the estimated annual usage for each park by its corresponding unit price and then adding these totals. For parks showing no usage, a usage of one (1) shall be used for evaluation. For the Department of Administrative Services bid regions the usages are unknown, but could be ordered in truckloads, a usage of one (1) shall be used for evaluation. Lot price will be determined by adding the seven (7) pound truckload per bag price plus the twenty-two

(22) pound truckload per bag price together. Bidders must bid both non-truckload price and truckload price for each bid region that they bid on. Failure to bid on all items within a bid region may disqualify the bidder for that region. Although there will be separate bid region awards made, bidders are eligible to receive multiple awards, provided he/she is the lowest responsive and responsible bidder meeting all bid specifications and requirements.

5.2 – CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by bid region for the Department of Natural Resources and then by bid region for the Department of Administrative Services. Failure to bid all line items / parks / DAS in a bid region may result in the bidder being deemed not responsive for the applicable bid region.

* Indicates administrative corrections that include reformatting and repagination, effective 03/15/24.

https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

* 6 – PARK LISTING AND BID REGIONS

NORTHWEST REGION

Independence Dam State Park 27722 State Route 424, Defiance, OH 43512-8766

(419) 237-1503

Van Buren State Park 12259 Township Road 218, Van Buren, OH 45889-9702

(419) 832-7662

^Kelleys Island State Park Campground 920 Division Street, Kelleys Island, OH 43438-9704

(419) 797-4530

East Harbor State Park 1169 North Buck Road, Lakeside Marblehead, OH 43440-

(419) 734-4424

Harrison Lake State Park 26246 Harrison Lake Road, Fayette, OH 43521-9779

(419) 237-2593

Lake Loramie State Park 11070 St. Rt. 362 Minster, OH 45865

(419) 394-3611

Mary Jane Thurston State Park 1-466 State Route 65, McClure, OH 43534-9711

(419) 832-7662

Maumee Bay State Park 1400 State Park Road, Oregon, OH 43618-9664

(419) 836-7758

^Middle Bass Island, Lake Erie Islands State Park 4049 East Moores Dock Road, Port Clinton OH 43452-

(419) 797-4530

^South Bass Island, Lake Erie Islands State Park 4049 East Moores Dock Road, Port Clinton OH 43452-9704

(419) 797-4530

Grand Lake St. Marys State Park 834 Edgewater Drive, St. Marys, OH 45885-1132

(419) 394-3611

Indian Lake State Park 12774 State Route 235 North, Lakeview, OH 43331-9394

(937) 843-2717

Kiser Lake State Park 4889 North State Route 235, St. Paris, OH 43072-9567

(937) 362-3822

^Park access via ferry only.

* Indicates administrative correction that includes reformatting and repagination, effective 04/01/24.

^Middle Bass Island, South Bass Island, and Kelley’s Island can only be accessed via ferry.

* Indicates administrative correction that includes reformatting and repagination, effective 04/01/24.

7 – AMENDMENTS

7.1 – SUMMARY OF AMENDMENTS

Amendment Number Effective Date Description

3 02/01/25

This amendment is issued to advise that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional 24 months, effective 02/01/25 through 01/31/27. This amendment is also issued to correct the name of the Supplier on Page 1 of the Contract from CJG’s Inc. to CJGS

LLC.

2 04/01/24 This amendment is issued to notify of a change in pricing, effective with all orders issued on or after 04/01/24. This amendment is also issued to make administrative corrections to the contract that include reformatting and repagination.

1 05/05/22

This amendment is issued to modify the specifications, changing the 22lb bag of ice to 20lbs, effective with all orders issued on or after 05/05/22. In addition, this amendment is issued to include updated language regarding the Prohibition of the Expenditure of Public Funds for Offshore Services.