This Amendment No. 4 (“Amendment”), effective March 25, 2016, to the, State Term Contract No. 645-120-10-1 (“Contract”), between the State of Florida, Department of Management Services (“Department”) and Mac Papers, Inc. (“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.
WHEREAS the Department awarded the above referenced Contract for the provision of copier paper, both virgin and recycled, pursuant to ITB No.11-645-120-C and
WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 “Modification of Terms” of the contract and
WHEREAS the Parties agree to extend the contract as provided in section 287.057(12), Florida Statutes for a period of six months, effective March 25, 2016. This extension shall be terminated on September 25, 2016, or upon the execution of a new contract for copier paper, both virgin and recycled, whichever occurs first.
THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following:
I. Contract Amendment.
a. The Contract is amended to add the following sections:
5.12 Access to Public Records
(1) If, under this Contract, the Contractor is providing services, the Department may unilaterally cancel the Contract for refusal by the Contractor to allow access to all public records, including documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.07(1), Florida Statutes.
(2) If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(1)(b), Florida Statutes, the Contractor shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise 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.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency.
Protection of Trade Secrets or Other Confidential Information
(1) If the Contractor considers any portion of materials made or received in the course of performing the Contract (“contract-related materials”) to be trade secret under section 812.081, Florida Statutes, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as “confidential” when submitted to the Department.
(2) If the Department receives a public records request for contract-related materials designated by the Contractor as “confidential,” the Department will provide only the portions of the contract-related materials not designated as “confidential.” If the requester asserts a right to examine contract-related materials designated as “confidential,” the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated “confidential.”
(3) If the Department is served with a request for discovery of contract-related materials designated “confidential,” the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing, the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated “confidential” only if the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect the materials designated as “confidential” from disclosure.
(4) The Contractor shall protect, defend, and indemnify the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of contract-related materials as “confidential.”
Retention of Records
Contractor shall retain sufficient documentation to substantiate claims for payment under the Contract, and all other records made in relation to the Contract, for five (5) years after expiration or termination of the Contract.
II. Contract Extension. Pursuant to sections 287.057(12), Florida Statutes, the State Term Contract No. 645-120-10-1 is extended for a period of six months at the same terms and conditions, with a new contract expiration date of September 25, 2015 or upon the execution of a new contract for copier paper, both virgin and recycled, whichever occurs first.
III. 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.
IV. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.
V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect.
State of Florida,Department of Management Services / Contractor:
Mac Papers, Inc.
By: ______ / By: ______
Name: Erin Rock / Name:
Title: Deputy Secretary / Title:
Date: / Date:
AMENDMENT NO.: 3
FINAL RENEWAL
Paper; Office, Virgin and Recycled Content
Contract No. 645-120-10-1
This Amendment No. 3(“Amendment”), effective upon execution, to the Paper; Office, Virgin and Recycled Content, State Term Contract No. 645-120-10-1(“Contract”) between the State of Florida, Department of Management Services (“Department”) and Mac Paper, Inc., (“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.
WHEREAS the Department awarded the above referenced Contract to Mac Paper, Inc. for the provisions of Paper; Office, Virgin and Recycled Content; and
WHEREAS the Parties agree to amend and then renew the contract as provided in section 4.42 and 4.26 respectively of State Term Contract No. 645-120-10-1; and
THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following;
I. Contract Amendment.
A. Effective Close of Business, March 13, 2014, Mac Papers, Inc. agrees to reduce the cost per case in lots A and B (Type 1, Class A and B) by $0.25 per case.
B. Pursuant to 4.26 of the State Term Contract, the State Term Contract No. 645-120-10-1 is renewed for a period of two (2) years at the same terms and conditions, except as expressly modified by this Amendment, with a new contract expiration date of March 25, 2016.
II. 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.
III. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.
IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect.
By: ______ / By: ______Name: Kelley J. Scott / Name: Steve Collins
Title: Director of State Purchasing
and Chief Procurement Officer / Title: Vice President, Purchasing
Date: ______ / Date:
CONTRACT RENEWAL
This amendment by and between the Contractor and State Agency defined below shall be effective as of the date this Amendment is fully executed. To the extent the contract requires the State Agency to issue a Notice of Award Amendment for purposes of exercising the renewal option, this written document shall serve as such Notice of Award Amendment.
STATE OF FLORIDA CONTRACTState Agency’s Name: / Florida Department of Management Services (DMS)
Contractor’s Full Legal Name: / Mac Paper, Inc.
Contract No.: / STC # 645-120-10-1
Solicitation No./Event ID: / Contract Renewal
Solicitation Title/Event Name: / Renewal of State Term Contract for Paper; Office, Virgin and Recycled Content NO.: #645-120-10-1
Contract Award Date: / 03/26/2010
Current Contract Term: / 03/26/2010-3/25/2013
WHEREAS, the Contract is in effect through the Current Contract Term as defined above; and
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows:
1. CONTRACT RENEWAL/EXTENSION. The parties hereby agree that the contract will be renewed/extended for an additional period of time as follows:
NEW CONTRACT TERMBeginning Date of
New Contract Term: / 3/26/2013
End Date of
New Contract Term: / 3/25/2014
The parties agree the contract will expire at midnight on the date defined as the “End Date of the New Contract Term” unless the parties agree to renew/extend the contract for an additional period of time.
2. SUCCESSORS AND ASSIGNS. This Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto.
3. ENTIRE AGREEMENT. Except as expressly modified by this Amendment, the contract shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations to the parties. This Amendment and the contract (including any written amendments thereto), collectively, are the complete agreement of the parties and supersede any prior agreements or representations, whether oral or written, with respect thereto.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed by their authorized representatives.
CONTRACTORContractor’s Full Legal Name:
(PLEASE TYPE OR PRINT) / Mac Papers, Incorporated
Authorized Signature: / Steve Collins
Printed Name and Tile of Person Signing: / Vice President, Purchasing
Date:
Company Address: / P.O. Box 5369 Jacksonville, Fl. 32247
STATE AGENCY
Authorized Signature:
Printed Name and Tile of Person Signing:
Date:
Company Address:
AMENDMENT #2
TO
State Term Contract for Paper; Office, Virgin and Recycled Content
NO.: 645-120-10-1
This Amendment [#2] (“Amendment”), effective as of March 18, 2013, or on the last date on which it is signed by all parties, whichever is later, to the State Term Contract for Paper; Office, Virgin and Recycled Content
State Term Contract #645-120-10-1 (“Contract”) effective as of 03/26/2010, between the State of Florida, Department of Management Services (“Department”) and Mac Paper, Inc. (“Contractor”). 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 Agreement, unless otherwise defined herein.
WHEREAS, the Parties wish to amend certain terms and conditions of the Contract; and
WHEREAS, the Parties consent to and approve the amendment of the Contract as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1.0 Catalog. The Contractor hereby agrees to cooperate with the Department and MyFloridaMarketPlace (MFMP). At a minimum, the Contractor agrees to the following:
a. The Contractor shall provide a specific online ordering portal and product catalog (referred to as the online catalog) to the State of Florida containing only State of Florida items and prices. The Contractor will, within ninety (90) days of the effective date of this amendment, make available the online catalog that contains only items that are in the scope of this contract. For each item, the following information shall be provided at a minimum:
1) item description,
2) manufacturer name,
3) manufacture part number,
4) unit of measure,
5) list price and contract price, and
6) item image.
b. The Contractor agrees to meet the following requirements:
1) Catalog must contain the most current pricing, including all applicable administrative fees and or discounts, as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the statewide contract; and
2) The accuracy of the catalog must be maintained by Contractor throughout the duration of the statewide contract; and
3) The catalog must include a State-specific contract identification number; and
4) The catalog must include detailed product line item descriptions; and
5) The catalog must include pictures when possible; and
6) The catalog must include any additional Department content requirements.
c. The Department controls which statewide contracts appear in MFMP and that the Department may elect at any time to remove any Contractor’s offering from MFMP.
d. Contractor must be able to accept Purchase Orders via fax, e-mail, cXML or EDI INT AS 12.
2.0 Volume Discounts. The Contractor agrees to offer additional discounts to the state ofFlorida for purchases made from this contract for large quantity orders as follows:
Quantity / Additional Quantity Discount1-839 cartons / No additional discount
840-1679 cartons / 0.5% additional discount
1680-2519 cartons / 1.0% additional discount
2520 or more cartons / 1.5% additional discount
3.0 Quarterly Sales Reporting Requirements. The Contract6or agrees to submit a sales report on a Quarterly basis. Reporting periods coincide with the State Fiscal Year:
· Quarter 1- (July‐September)
· Quarter 2 - (October‐December)
· Quarter 3 ‐ (January‐March)
· Quarter 4 - (April‐June)
Each Quarterly Sales Report must be in Excel format and shall include:
· Contractor’s Name and contact information as required on the Department of Management Services “Contract Quarterly Report”
· Detail of time period covered by included data
· Total sales including detail of list price and contract price
· Transaction detail will include:
Part Number/SKU / Your product part number if applicableItem / Service Name / Given name of Item or Service
MFG / Manufacturer, Publisher, Service Provider
Item Category / Description of the product category, according to attached table
Item Subcategory / Additional grouping for item
Product Description / Additional detail for item
Customer Name / State Agencies, Universities, Political Subdivisions, Other Eligible Users
NIGP Code / National Institute of Government Procurement code
Florida Commodity Code / Florida Commodity Code
UOM / Unit of Measure
UOM Desc / Description of unit of measure (see example)
Volume Qty / Number of items/services purchased/provided
Order Date / Order date
Date Delivered / Delivered date to customer
Purchase Type / Purchase Order, Payment Card, Other
List Price / List price (Market + fee contracts use market price)
Contract Price / Contracted price with state per contract terms
Additional Fields / Any new information related to your company's products/services
Failure to provide quarterly and annual sales reports, including no sales, within thirty (30) calendar days following the end of each quarter (January, April, July and October) and/or contract year may result in the contract supplier being found in default and cancellation of the contract by the Department. Upon request, the Contractor shall report to the Department, spend with certified and other minority business enterprises. Reports must include the period covered, the name, minority code and Federal Employer Identification Number of each minority contractor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority contractor on behalf of each purchasing agency ordering under the terms of this contract. Initiation and submission of the Contract Sales Summaries are to be the responsibility of the Contractor without prompting or notification by the Contract Manager. The Contractor will submit the completed Contract Sales Summary forms by email to the Contract Manager.