HomeMy WebLinkAbout1951 PBA 17/18-17 Odyssey Manufacturing Co Piggyback Contract (copy)la
�a4'l: Tk1` iFINANCE DEPARTMENT
To: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order
❑ Final Plat (original mylars)
❑ Letter of Credit
❑ Maintenance Bond
❑ Ordinance
❑ Payment and Performance Bond
❑ Resolution
® PBA 17/18-17 Odyssey Manufacturing Co
Once completed, please:
❑ Return originals
❑ Return copy
Special Instructions:
Attached is a copy for City Clerk records
Thank you!
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From
T:\Dept_forms\City Clerk Transmittal Memo - 2009.doc
❑ City Mayor's Signature
® City Clerk Record Keeping
❑ Safe Keeping
❑ City Attorney's Signature
❑ City Clerk's Signature
Odyssey Manufacturing Co. Piggyback Contract (PBA 17/18-171
The City of Sanford ("City") enters this "Piggyback" Contract with Odyssey
Manufacturing Co., a Delaware corporation (hereinafter referred to as the "Vendor"),
whose address 1484 Massaro Boulevard, Tampa, Florida 33619, under the terms and
conditions hereinafter provided. The City and the Vendor agree as follows:
(1). The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with the
Clay County, Florida Utility Authority, said contract being identified as "Standard Form
Agreement Between Owner And Vendor On The Basis Of A Stipulated Price" or
"Project Number 14/15 -Al 3", in order for the Vendor to provide products and services
relative to bleach manufacturing utilizing chlor -alkali technology for the production of bulk
sodium hypochlorite (said original contract being referred to as the "original
government contract").
(2). The original government contract documents are incorporated herein by
reference and is attached as Exhibit "A" to this contract. All of the terms and
conditions set out in the original government contract are fully binding on the parties
and said terms and conditions are incorporated herein; provided, however, that the
City will negotiate and enter work orders/purchase orders with the Vendor in
accordance with City policies and procedures for particular goods and services.
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
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provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
(a). Time Period ("Term") of this Contract: (state N/A if this is not applicable).
N/A.
(b). Insurance Requirements of this Contract: (state N/A if this is not
applicable). N/A.
(c). Any other provisions of the original government contract that will be
modified: (state N/A if this is not applicable). N/A.
(d). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue;
Sanford, Florida 32771. The City Manager's designated representative for this Contract
is Richard Casella, Utility Plants Manager, Utility Administration, Public Works and
Utilities Department, 300 North Park Avenue, Sanford, Florida 32771-1244, telephone
number 407-688-5095, and whose e-mail address is casellar@sanfordfl.gov.
(e). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between
the parties arising out of this Contract shall be in Seminole County, Florida in the Court
of appropriate jurisdiction. The law of Florida shall control any dispute between the parties
arising out of or related to this Contract, the performance thereof or any products or
services delivered pursuant to such Contract.
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(f). Notwithstanding any other provision in the original government contract to
the contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non-binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(g). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the
City, and the laws of any Federal, State or local regulatory agency.
(h).
(I). IF THE CONTRACTORIVENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI
HOUCHIN, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH
PARK AVENUE, SANFORD, FLORIDA 32771,
TRACI.HOUCHIN@SANFORDFL.GOV.
(II). In order to comply with Section 119.0701, Florida Statutes, public
records laws, the Vendor must:
(A). Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service.
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(B). Provide the public with access to public records on the same terms and
conditions that the City 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 City all public records in possession of the Vendor 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 City in a format that is compatible with the
information technology systems of the City.
(III). If the Vendor does not comply with a public records request, the City
shall enforce the contract provisions in accordance with this Agreement.
(IV). Failure by the Vendor to grant such public access and comply with public
records requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City. The Vendor shall promptly provide the City with a copy of any
request to inspect or copy public records in possession of the Vendor and shall
promptly provide the City with a copy of the Vendor's response to each such request.
(i). All other provisions in the original government contract are fully binding on
the parties and will represent the agreement between the City and the Vendor.
SIGNATURE PAGE FOLLOWS:
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Entered thiQlgay of JL(2018.
Attest:
tephen'W. Sidelko,
Vice President/Secretary
Attest:
6�n � I Vhac �Ulq' C. m (I RL4
Traci Houchin, City Clerk
Odyssey Manufacturing
Delaware Corporation.
Co., a
City Of Sanford
By:
Jeff
Approved as to form and legal suffi ' nc
Colbert City At e
.1
n
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Exhibit "A"
[Attach original government contract]