HomeMy WebLinkAbout2078 18/19-104 Fire Extinguishersa;; d
CITY OF
' SANFORD FINANCE DEPARTMENT
Thursday, December 207 2018
PURCHASING DF-PARIM111
TRANSMIWAL MEMORANDUM
TO: City Clerk/M or
The item(s)
noted below is/are attached and forwarded to your office for the following action(s):
Once completed, please:
[] Return originals to Purchasing- Department
[] Return copies
Special Instructions:
Li a�svy (301&d-,zi je 1 �, i -a ( Ci
Date
From
SharePoint Finance Purchasing Forms - 2018.doc
[]
Mayor's signature
[�
Development Order
Plat (original mylars)
�
Recording
[]
Final
❑
Rendering
[]
Letter of Credit
Safe keeping (Vault)
❑
Maintenance Bond
❑
Deputy City Manager
[]
Ordinance
❑
payment Bond
E]
performance Bond
❑
City Manager Signature
[]
Resolution
[]
City Clerk Attest/Signature,
[]
[i
City Attorney/Signature
Once completed, please:
[] Return originals to Purchasing- Department
[] Return copies
Special Instructions:
Li a�svy (301&d-,zi je 1 �, i -a ( Ci
Date
From
SharePoint Finance Purchasing Forms - 2018.doc
AGREEMENT BETWEEN THE CITY OF SANFORD AND MASTER PROTECTION,
LP D/B/A FIREMASTER/IRF 18/19-104- FIRE EXTINGUISHER SERVICES
A,hTHIS AGREEMENT (hereinafter the "Agreement") is made and entered into this
day of 2019, by and between the City of Sanford, Florida, a
Florida municipality, (hereinafter referred to as the "City"), whose mailing address is 300
North Park Avenue, Sanford, Florida 32771, and Master Protection, LP D/B/A
Firemaster, a Delaware limited partnership, whose corporate address is 13050 Metro
Parkway; Suite #1; Fort Myers, Florida 33966, (hereinafter referred to as "Firemaster").
The City and Firemaster may be collectively referenced herein as the "parties".
WITNESSETH:
IN CONSIDERATION of the mutual covenants, promises, and representations
contained herein and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above statements are true and form a material
part of this Agreement upon which the parties have relied.
Section 2. Authority. Each party hereto represents to the other that it has
undertaken all necessary actions to execute this Agreement, and that it has the legal
authority to enter into this Agreement and to undertake all obligations imposed on it.
The persons executing this Agreement for each party certify that they are authorized to
bind the party fully to the terms of this Agreement.
Section 3. Scope of Agreement; Direction of Services.
(a). This Agreement is for the services set forth in the attachments hereto and
Firemaster agrees to accomplish the provision of goods and services and actions
specified in the attachments for the compensation set forth in those documents relating
to the provision of the following: (1). inspect, recertify and repair existing fire
extinguishers, and (2). the provision of new replacement fire extinguishers. Goods and
services may be ordered and directed by the City by means of City purchase
orders/work orders.
(b). It is recognized that Firemaster shall perform services as otherwise
directed by the City all of such services to include all labor and materials that may be
required including, but in no way limited to, the services provided by subconsultants as
may be approved by the City.
(c). The City's contact/project manager for all purposes under this Agreement
shall be the following:
Craig Radzak
Fire Chief
Fire Department Headquarters
1303 William Clark Avenue
Sanford, Florida 32771
Telephone number: 407.688.5044.
E-mail address: craig.radzak@sanfordfl.gov.
; provided, however, that all notices under this Agreement shall be copied to:
Ms. Marisol Ordonez
Purchasing Manager
Finance -Purchasing Division
City of Sanford
Post Office Box 1788
Sanford, Florida 32772
Phone: 407.688.5028
Section 4. Effective Date and Term of Agreement. This Agreement
shall take effect on the date that this Agreement is
fully executed
tuponY the to exercise of an
es hereto.
This Agreement shall be in effect for a to Yn any event, ths
option to renew by the City, for 3 additionalN services be provided byof 1 year each.iFi emaster to theAgreement shall remain in effect until the se
with the
City under each work order have been ru fully
peher ed inifiaccordance
rovons and
requirements of the City; provided, however,
and conitions referencd herein
insurance provisions of the standard contractrdedrtosthe Citydshall cont nuee effect
shall not terminate and the protections affa
subsequent to such services being provided
that wouidrenttie F remasterNo services afor
ve
commenced prior to the execution of this g m
any compensation therefor. Notwithstanding the
fore g notgsat sfied'twithat a goaods loy
terminate this Agreement in the event that theY
services provided by Firemaster within the 6darmonths commencing on the first
day of the first month after this Agreement commences.
Section 5. Compensation. The pf �thsin egree achtpurchase/work ordercompensation as essued
forth
in the attachments hereto and as may be set
by the City.
21T==1(z:)e
Section 6. Standard Contractual Terms and Conditions. All "Standard to
Contractual Terms and Conditions", as provided on the City's website, apply
Agreement. Such Terms and Condiiiaiso be bound by the purchasingons may be found at the 'typolices and
site
(www.SanfordFL.gov). The parties shat
procedures of the City as well as the controlling provisions of Florida law. Work orders
shall be used, in accordance therewith, in the implementation of this Agreement to the
extent deemed necessary by the City in its sole and absolute discretion.
Section 7. Firemaster's Mandatory Compliance with Chapter 119, Florida
Statutes, and Public Records Requests.
(a). In order to comply with Section 119.0701, Florida Statutes, public records
laws, Firemaster must:
(1). Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service.
terms and
(2). Provide the public with access cordsba'ndrecorat adcost that doessame
not exceed
conditions that the City would provide the
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(3). Ensure that public records
me is areare
not discposed except as author zed by
t or confidential and exempt
from public records disclosure require
law.
(4). Meet all requirements for retaining public records and transfer, at no cost,
to the City all public records in poseSrecords thaon of t�a eer upon exempt or confidential and
of the
contract and destroy any duplicate public
exempt from public records disclosure requirements. records electronically
l
must be provided to the City in a formatt s compatible with the information
technology systems of the City.
(b). If Firemaster does not comply with a public records request, the City shall
enforce the contract provisions in accordance with this Agreement.
(c). Failure by Firemaster to grant such public access and comply with public
records requests shall be grounds for immediate unilateral cancellation off this
o
Agreement by the City. Firemaster shall promptly provide the City with a copy y
request to inspect or copy public records in possession of Firemaster and shall promptly
provide the City with a copy of Firemaster's response to each such request.
3 P a��
d IF THE CONTRACTORIVENDOR HAS119UESTI NS
O
REGARDING THE APPLICATION OF CHAPTER, DUTY TO
S T,ATo
TUTES, TO THE CONTRACTOR'S (VENDORS) ®
CONTRACT,
PROVIDE PUBLIC RECORDS RELATING
RDS AT (407) 686-6012,
CONTACT THE CUSTODIAN OF PUB
TRACI HOUCHIN, CMC,
ECRM CITY CLERK, CITY OF SANFORD, CITY
L 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771,
HAL,
TRACI.HOUCHIN@SANFORDFL.GOV.
Section 8. Time is of the Essence• obligations ations setborth ime is herey nared this Agreement of the essence
as to the lawful performance of all duties and g
Agreement, together
Section 9. Entire Agreement/Modification. provided This son the City's website
with all "Standard Contractual Terms and Conditions", as
and the attachments hereto (the documents relaticons i to the ute he entire urement integrated tag agreement
City leading to the award of this Agreement) constitute
between the City and Firemaster and supersedes andcontrols
and statements whether
agreements,agreements, understandings, representations, correspondence ll the terms and provisions contained herein
written or oral in connection therewith and ahereto to
constitute the full and complete agreement betwee ienhen ed orsmodified by a formal
hereof. This Agreement may only be amended, s pp
issues a
t otherin he event that instrument add Firemaster
written amendment of equal dignity herewi
ssing the sere ces,
purchase order, memorandum, letter, or any pursuant to this Agreement, it is
work, and materials to be provided and performed p such purchase order,
hereby specifically agreed and understood that any
memorandum, letter, or other in shall have de document of ect on hqual dignify he ewith,
agreed to by the City, specifically and in writing in a
and any and all terms, provisions, and conditions contained therein, wh n no way modify the covens tsr
written or referenced on a Web site ehavr otherwise, 'e'no force ce or effect thereon.
terms, and provisions of this Agreement and shall
Section 10. Severability. if any term, provision or condition contained in
to any extent, A be held invalid or unenforceable, the remainder of
this Agreement shall, application of such term, provision or condition to persons or
this Agreement, or the appr unenforceable, shall
circumstances other than those in respect of whichit is invalid
ion of this Agreement shall
not be affected thereby, and each term, provision
andbe valid and enforceable to the fullest extent permitted by law when consistent with
equity and the public interest.
Section 11. Waiver. The failure of the City to insist in any instance upon
of this Ag
the strict performance of any provision oo nst ute orbe right exercise any
all not construed as waivera
privilege granted to the City hereunder sh
of any such provision or right and the same shall continue in farce.
4jPage
and
ions of
is
Section 12. Captions. The sectionin noway headings define,ptmit, desc ibe t9 a scope
reement
are for convenience and reference only and y affect this Agreement or
or intent of this Agreement or any part thereof, or in any way
construe any provision of this Agreement.
xec
Section 13. Counterparts. sAgreementhis may
anaoriginal� butualldof which, ch,
in any
number of counterparts, each of which shall be
taken together, shall constitute one and the same document.
Section 14. Binding Effect. This Agreement rtransferees assignsng upon and
of the parties.
inure to the benefit of the successors in interes ,ansferees
Each party hereto represents to the other that itar ty t eentelr necessary into this s Agreement
ons to
execute this Agreement, and that it has the legal auth
and to undertake all obligations imposed °nsignatories
Agreementrapd bind
hat
they have the requisite and legal authority to execute this
respective parties herein.
Section 15. Remedies. The rights and remedies of the parties, provided for
under this Agreement, are in addition to any other rights and remedies provided by law
or otherwise necessary in the public interest.
Section 16. Governing law, Venue and lorida pVenue for any I legal proceeding
reement is
to be governed by the laws of the State of
related to this Agreement shall be in the Eighteenth resudiciallt of Circuit
ona fde Court
in and for
Seminole County, Florida. This Agreement
gth
negotiations between the City and Firemaerof the Agreement. Accordingly, this
, and ail parties have contributed
substantially and materially to the preparation
Agreement shall not be construed or inte pseted more ons shall be atpplly aed Itotfulf I the public c
any one party.
than against any other party and all pro
interest.
IN WITNESS WHEREOF, the City and Firemaster have executed this instrument
for the purpose herein expressed.
ATTEST:
Traci Houchin, CMC, FCRM
City Clerk
Approved as to form and
legal sufficiency.
William L. Colbert, City Attorney
CITY OF SANF
By:
,off Triplett, M
WTS"M
0
ATTEST:
4VVitn-4 ignature
Printed Name:
Wtnts
e s # ignature
Ped NameEfrain Juan
-
MASTER PROTECTION, LP DIBIA
F
By:
Sna 0
tu rr
Printed
9
rlrted Name.