AMENDMENT NO. 1
STATE TERM CONTRACT FOR, RECYCLING: END OF LIFE Electronic Equipment
CONTRACT NO. 991-705-9-1
THIS AMENDMENT, to be effective on July 22, 2011, between Creative Recycling Sysytems Inc.(Contractor) and the State of Florida, Department of Management Services (“Department”), modifies theContract between the parties datedJuly 22, 2008.
WHEREAS, the Contract (i) was originally entered on July 22, 2008, and (ii) is scheduled to expire on July 21, 2011;
WHEREAS, in accordance with Section 287.057(13), Florida Statutes, the parties desire to renew the Contract for an additionalthree (3)year period, beginning July 22, 2011,through July 21, 2014, and
NOW, THEREFORE, in addition to any other rights set forth in the Contract, the Parties agree as follows:
1. Contract Renewal. The Contract, as modified above,is hereby renewedeffective July 22, 2011, through July 21, 2014.
2.Preferred Pricing Compliance. In accordance with Chapter 2010-151, Laws of Florida, Section 48(2), the Contractor is required to submit, at least once during each year of the Contract, an Affidavit from an authorized representative of the Contractor attesting that the Contractor is in compliance with General Contract Conditions, Section 4(b), Best Pricing Offer. Contractor’s failure to comply withthis section may be grounds for terminating the Contract, at the Department’s sole discretion. The Department shall distribute the Affidavit form to be used by the Contractor during each remaining year of the Contract.
3.Employment Eligibility Verification. Contractor agrees that it will enroll and participate in the Employment Eligibility Verification Program (“E-Verify Program”) administered by the U.S. Department of Homeland Security (“DHS”), under the terms provided in the “Memorandum of Understanding” with DHS governing the program. Contractor further agrees to provide to the Florida Department of Management Services (the “Agency”), within thirty days of the effective date of this Agreement, documentation of such enrollment in the form of a copy of the “Edit Company Profile” page in E-Verify, which contains proof of enrollment in the E-Verify Program. (This page can be accessed from the “Edit Company Profile” link on the left navigation menu of the E-Verify employer’s homepage.)
Contractor further agrees that it will require each subcontractor that performs work pursuant to this Agreement to enroll and participate in the E-Verify Program within ninety days of the effective date of this Agreement or within ninety days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the “Edit Company Profile” screen indicating enrollment in the E-Verify Program and make such record(s) available to the Agency and other authorized state officials upon request.
Contractor further agrees to maintain records of its participation and compliance with the provisions of the E-Verify Program, including participation by its subcontractors as provided above, and to make such records available to the Agency and other authorized state officials.
Compliance with the terms of this Employment Eligibility Verification provision (including compliance with the terms of the “Memorandum of Understanding” with DHS) is hereby made an express condition of this Agreement.
4.Scrutinized Companies Lists. In executing this contract, the Contractor certifies that it is 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 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 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 or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract.
5.Contract Pricing. The Contract Pricepaid toCustomers for Central Processor Units (CPU's) will increase to $6.00. All other pricing will remain unchanged.
6.Effect of a Replacement Contract. A replacement contract may be established under a new solicitation process prior to the expiration of this agreement. In such case, the Department may terminate this Contract prior to July 21, 2014.
7.Other Terms. All other terms and conditions of the Contract, including all executed amendments remain in full force and effect.
State of Florida
Department of Management ServicesCreative Recycling, Inc.
By:By:
Name:Name:
Title:Title:
Date:Date:
Approved as to form and legality:
By:______
Office of the General CounselDate
Department of Management Services
AMENDMENT NO. 1
CONTRACT NO. 991-705-9-1