AMENDMENT NO. 3

Renewal No. 3

State Term Contract 680-050-12-1

Ammunition & Less-Lethal Products

This Amendment No. 3 (Amendment), is effective September 30, 2014, to the State Term Contract for Ammunition & Less-Lethal Products, No. 680-050-12-1 (Contract), effective between the State of Florida, Department of Management Services (Department) and (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.

WHEREAS the Contract was originally entered on September 28, 2011 with the Contractor for the provision of ammunition and less-lethal products, and is scheduled to expire on September 30, 2014; and

WHEREAS upon mutual agreement, the Department and the Contractor agree to amend and renew the Contract, in accordance with Contract sections 4.0 Renewal and 4.26, 4.42 and 5.1; 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:

1.0  Contract Amendment and Renewal.

State Term Contract, Contract No. 680-050-12-1 is renewed for a period of one year at the same terms and conditions, with a new contract expiration date of September 30, 2015.

2.0  Preferred Pricing Affidavit Requirement.

An authorized representative of the Contractor shall provide a fully completed, signed and notarized Preferred Pricing Affidavit (Attachment 1) to the contract manager together with this signed Amendment No. 3 Renewal No. 3.

3.0  Public Records.

This Contract is amended to add paragraph, 5.14 Public Records, as follows:

“5.14 Public Records

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), 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.

(e)  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. 1 of the State Constitution and s.119.07(1).”

4.0  Additional Terms and Conditions.

This Contract is amended to add paragraph 5.15, regarding bill detail, access to public records and dates for completion.

“5.15 Additional Terms and Conditions

The provisions of section 287.058(1) (a), (c), and (f), F.S. are hereby incorporated by reference.”

5.0  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.

6.0  Warrant of Authority.

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

7.0  Effect.

Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect.

Ammunition and Less Lethal Products

State Term Contract No. 680-050-12-1 Page 3 of 3

State of Florida,
Department of Management Services:
By: ______ / Contractor
By: ______
Name: Kelley J. Scott, / Name:
Director of State Purchasing
Title: and Chief Procurement Officer / Title:
Date: ______ / Date: ______


State Term Contract No. 680-050-12-1

Amendment No. 3 Renewal No. 3

Attachment 1 - Preferred Pricing Affidavit

Preferred Pricing Affidavit

Regarding the Contract Between

______(The “Contractor”)

and

The Florida Department of Management Services

Contract No.: ______dated ______(the “Contract”)

Pursuant to Section 216.0113, Florida Statutes, the undersigned Contractor hereby attests that the Contractor complies with the preferred-pricing clause contained in Section 5.13 of the Contract.

PRINT CONTRACTOR NAME: ______

By: Date: ______

Signature of Authorized Representative

Print Representative’s Name/Title:

STATE OF ______
COUNTY OF ______

Sworn to (or affirmed) and subscribed before me this _____ day of ______, by ______.

Signature of Notary

(Print, Type, or Stamp Commissioned Name of Notary Public)

[Check One] ____ Personally Known OR ____Produced the following I.D. ______

Vendor Name FEIN#______

Vendor’s Authorized Representative Name and Title ______

Address

City, State, Zip

Phone Number

Email Address

Corporate Seal (if applicable)

Ammunition and Less Lethal Products

State Term Contract No. 680-050-12-1 Page 3 of 3