Contract Name: Multifunction Products, Printers, Facimile Equipment, Scanners

AMENDMENT NO.: 5

Contract Renewal

Contract No.: 600-000-11-1

Contract Name: Multifunction Products, Printers, Facimile Equipment, Scanners,

Related Software, Supplies, and Services

This Amendment (“Amendment”), effective as of August 4, 2017 or the last date signed by both Parties, to the state term contract for Multifunction Products, Printers, Facimile Equipment, Scanners, Related Software, Supplies, and Services, Contract No. 600-000-11-1 (“Contract”), between the State of Florida, Department of Management Services (“Department”) and <Insert Contractor Name> (“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 originally entered the Contract with <Insert Contractor Name> on August 4, 2010, for the provisions of Multifunction Products, Printers, Facimile Equipment, Scanners, Related Software, Supplies, and Services and is scheduled to expire on August 3, 2017; 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 renew the Contract as provided in section 4.26 “Renewal” of Contract No. 600-000-11-1; 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)The contract is amended to rename section 3.22.1 “Diversity” of the Contract to be “Diversity Reporting,” delete it in its entirety and replace it with the following:

The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small businesses to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises, and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at .

Upon request, the Contractor shall report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Customer purchasing under the Contract.

Subcontractors

The Contractor shall not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all subcontracted work. The Department supports diversity in its procurements and contracts, and requests that Contractors offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at for information on certified business enterprises available for subcontracting opportunities.

b)The Contract is further amended to delete the content under section 2.19 “Public Records” in its entirety and replace it with the following:

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 CONTRACT MANAGER.

(1)The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing 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 section 24(a) of Article I of the State Constitution and section 119.07(1), F.S.

(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, F.S., the Contractor shall:

(a) Keep and maintain public records required by the public agency in order to perform the service.

(b) Upon request from the public agency, provide the public agency 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 Chapter 119, F.S., 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 for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency.

(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency 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 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.

c)The Contract is further amended to delete the content under section 4.14 “Transaction Fee” in its entirety and replace it with the following:

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida.

d)The contract is amended to include section 5.40 “Contractor Cerification” and include the following:

If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that it is not participating in a boycott of Israel, not listed on either the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. The Department may terminate this Contract under section 287.135(3)(c), F.S.

II. Contract Renewal. Pursuant to section 4.26 of the State Term Contract, the State Term Contract No. 600-000-11-1 is renewed for a period of one (1) year at the same terms and conditions, with a new contract expiration date of August 3, 2018.

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:Contractor:

Department of Management Services<Insert Contractor Name>

By: ______By: ______

Name: Debra ForbessName: ______

Title: Director of Finance and Title: ______

Administration

Date: ______Date: ______

Amendment 4 – Contract Renewal

State Term Contract 600-000-11-1

Multifunction Products, Printers, Facsimile Equipment,

Scanners, Related Software, Supplies, and Services

This Amendment (“Amendment”), effective August 4, 2015,to the Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services state term contract number 600-000-11-1 (“Contract”) is effective between the State of Florida, Department of Management Services (“Department” or “Customer”) and {Insert Vendor Name Here} (“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 Contract, unless otherwise defined herein.

1.0CONTRACT RENEWAL

The Department hereby executes its renewal option for a two-year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is August 3, 2017.

2.0CONFLICT

To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force.

3.0Public Records

Section 2.19, Public Records, is hereby replaced, with the following:

If, under this contract, the Contractor is providing services and is acting on behalf of the Department as provided under section 119.011(2), Florida Statutes, the Contractor, subject to the terms of section 287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall:

(a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service.

(b) Provide the public with access to public records on the same terms and conditions that the Department 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 Department 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 Department in a format that is compatible with the information technology systems of the Department.

The Department may unilaterally cancel this Contract for refusal by the Service Provider to comply with this section by not allowing 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 s. 24(a) of Art. I of the State Constitution and s.119.07(1), Florida Statutes.

4.0Renewal Savings/Price Reductions form

The Contractor is required is to submit one accurately completed Renewal Savings/Price Reductions form, incorporated by reference, for completion by an authorized representative of the Contractor, after the Contract renewal is executed, containing the discount savings offered to the State of Florida. The Renewal Savings/Price Reductions form shall be submitted electronically to the Department’s Contract Manager.

5.0Preferred Price Affidavit Requirement

The Department will provide the Preferred Pricing Affidavit, incorporated by reference, for completion by an authorized representative of the Contractor, after the Contract renewal is executed, attesting that the Contractor is in compliance with the best pricing provision in section 4(b) of the PUR 1000 form. The Contractor agrees to submit to the Department, at least annually, the completed Preferred Pricing Affidavit.

6.0Employment Verification (E-Verify)

Pursuant to State of Florida Executive Order Number 11-116, Contractor is required to utilize the U.S. Department of Homeland Security’s E-Verify system to verify eligibility of all new employees hired by the Contractor to work in the U.S. during the Contract term. Also, Contractor shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the Contract utilize the E-Verify system to verify the eligibility of all new employees hired by the subcontractor to work in the U.S. during the Contract term.

7.0Scrutinized Company List

Pursuant to subsection 287.135(5), Florida Statutes, at the time a vendor submits a bid or before entering into a contract where the value exceeds $1 million, the Bidder or Contractor must certify 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.

Pursuant to subsection 287.135(3)(b), Florida Statutes, Department may immediately terminate any contract for cause if the Contractor is found to have submitted a false certification under subsection 287.135(5), Florida Statutes, 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.

8.0WARRANTY OF AUTHORITY

Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.

State of Florida,{Insert Vendor Name Here}

Department of Management Services

By: ______By: ______

Name: Name: ______

Title: Title: ______

Date: ______Date: ______

Amendment 3

Renewal 1 (18 July 2014)

RENEWAL NO.: (600-000-11-1) 1

TO: User Agencies

FROM: Division of State Purchasing

SUBJECT: Contract No. 600-000-11-1

Title: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services

The Department of Management Services, Division of State Purchasing, executed a Contract Renewal for a period of 1 year. The new contract expiration date is August 3, 2015.

Any questions regarding this contract should be directed to Brian Leger at (850) 410-0978 or by e-mail .

1

RFP 20-600-000-Q

Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services

Amendment 2

State of Florida Department of Management Services

State Term Contract Number: 600-000-11-1

Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services

name change Agreement

This Agreement is entered into and is effective as of the last date signed below, by and between the State of Florida, Department of Management Services (hereinafter “DMS” or the “Department”), and PCMG, Inc. (“PCMG”).

WITNESSETH

WHEREAS, on or about August 4, 2010, DMS and PC Mall Gov, Inc., entered into the above referenced State Term Contract (the “Contract”); and

Whereas, on January 1, 2013,PC Mall Gov, Inc. changed its name to PCMG, Inc., as documented by the December 28, 2012 letter attached hereto.

NOW THEREFORE, for the mutual covenants contained herein, the parties hereto agree as follows:

1.The above recitals and attachments are asserted by the Contractor as true and correct and are incorporated by reference as if fully stated herein.

2.Henceforth, references to the Contractor by name in correspondence, amendments or documentation shall be to PCMG, Inc.

3.To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force and effect.

4.Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party.

DepartmentContractor

By:______By:______

Name: Kelley J. Scott_____Name:______

Director of State Purchasing

Title: _ and Chief Procurement OfficerTitle:______

Date:______Date:______

Amendment 1

State of Florida Department of Management Services

State Term Contract Number: 600-000-11-1

Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services

name change Agreement

This Agreement is entered into and is effective as of the last date signed below, by and between the State of Florida, Department of Management Services (hereinafter “DMS” or the “Department”), and Canon Solutions America, Inc. (“CSA”).

WITNESSETH

WHEREAS, on or about August 4, 2010, DMS and Océ North America, Inc. (Contractor, hereinafter “Océ”), entered into a contract whereby Océ would provide Multifunction products, printers, facsimile equipment, scanners, related software, supplies, and services as awarded in the above-mentioned State Term Contract (the “Contract”);

Whereas, on January 1, 2013,Océ merged with Canon Business Solutions, Inc.;

WHEREAS, pursuant to the Certificate of Merger (attachment), Canon Business Solutions America, Inc. is the surviving corporation;

WHEREAS Canon Business Solutions, Inc., pursuant to the attached Certificate of Merger also changed its name to Canon Solutions America, Inc., and is assuming all contractual responsibilities;

Whereas, DMS has no objection to CSA providing the services previously awarded to Océ,under the Contract for the remainder of the contract term; and