1301 MOU SHA/COS/Murphy PipeliineVC
Memorandum of Agreement
Between The
Housing Authority of the City of Sanford, Florida
And The City Of Sanford
For The Competitively Procured
Services Of Murphy Pipeline Contractors, Inc.
This Memorandum Of Agreement ( "MOA ") is entered into as of December 21,
2009 (regardless of the date of execution by the parties), pursuant to authority granted by
Section 421.11, Florida Statutes, and other controlling law, by and between the Housing
Authority of the City of Sanford, Florida ( "SHA "), a Florida body corporate and politic
established and operating pursuant to Chapter 421, Florida Statutes, as may be amended
from time -to -time, and the City of Sanford ( "City "), a Florida municipality acting in its
administrative capacity through its City Manager.
Whereas, the SHA has a need to obtain specific pipe bursting repair services
relative to an emergency situation that has developed at Castle Brewer Court Apartments;
and
Whereas, the City has an existing contract, dated June 23, 2008 with Murphy
Pipeline Contractors, Inc. ( "Murphy ") for the same or substantially similar pipe bursting
repair services, which was competitively bid and procured pursuant to the procurement
policies of the City which contract has been extended by the City; and
Whereas, the SHA represents to the City that is authorized pursuant to 24 Code
of Federal Regulations 85.36(b)(5) and that the City is authorized pursuant to Section
287.057(5)(b), Florida Statutes, to allow the SHA to "piggyback" on Murphy's existing
contract with the City for the same or substantially similar pipe bursting repair services;
and
Whereas, the SHA and Murphy are desirous to enter into a "piggybacking"
relationship which will be authorized by this MOA (to the extent that such authorization
may be necessary), specific to the terms and conditions contained in Exhibit "A" of this
MOA, and by reference herein made a part hereof.
Now Therefore, in consideration of the mutual premise set forth above and the
covenants, obligations, duties and benefits set forth in this MOA, the parties hereto agree
as follows:
Section 1. The City's Certification As To Competitive Procurement. The
City certifies that the contract with Murphy for pipebursting repair services referenced
herein was, to the best of its knowledge and belief, but without making any inquiry as to
the matter, competitively bid in accordance with its procurement policy. The City
certifies that, as a result of the City's substantial compliance with applicable public
records laws of the State of Florida, public records pertaining to the procurement are in
the possession of the City and are available for public inspection upon reasonable notice
to the City. The City makes no certification, promise or commitment except as
specifically stated herein and none shall be implied or inferred in any respect with regard
to any matter and the City is merely expressing its consent for the SHA to utilize a City
contractor in accordance with the controlling provisions of law.
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Section 2. The SHA's Certification of Terms of this MOA The SHA certifies
that it shall enter into an agreement with Murphy for pipebursting repair services with the
same or substantially the same terms, conditions and for the same fee as stated in the
City's agreement with Murphy for pipebursting repair services referenced herein, and that
the SHA will be billed directly by Murphy.
Section 3. Defaults and Debarments Both parties hereto agree to notify the
other party of any defaults on behalf of Murphy pursuant to their respective agreements
with Murphy within thirty (30) days of the occurrence of default. Both parties hereto
further agree to notify the other party if Murphy is deemed to be debarred, disqualified or
otherwise becomes ineligible to contract with the agency pursuant to their rules and
regulations within seven (7) days of the determination.
Section 4. Best Quality Services The parties agree and acknowledge that the
Murphy agreement with the City for pipebursting repair services referenced herein can be
considered to have provided the best quality services for the best price when it was
competitively bid.
Section 5. Murphy Agreement With the SHA The agreement that shall be
executed with Murphy by the SHA by the authorized representatives of the SHA shall be
made available for public inspection upon reasonable notice to the SHA.
Section 6. Notices All notices referenced in this MOA shall be in writing and
shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery
service, to the parties, as follows.
If to the SHA: The Housing Authority of the City of Sanford
P.O. Box 2359
Sanford, Florida 32772
Attention: Angel Tua, Executive Director
If to the City: City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Attention: Thomas George, Interim City Manager
Section 7. Entire Agreement This MOA and all the attached exhibits and
schedules constitute the entire agreement between the parties and supersede all previous
discussions, understandings and agreements between the parties relating to the subject
matter of this MOA.
In Witness Whereof, the parties have caused this MOA to be executed and
delivered as of the date indicated above.
Signature Page Follows:
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V
THE HOUSING AUTHO
Angel Tua, Expcltive Director
OF THE CITY OF SANFORD, FLORID
ATTEST:
CITY OF SANFORD, FORIDA
E � aneugherty
City Clerk
For use and reliance of the
Sanford City Commission only.
Approved as to form and legality.
William . Colbert
i Attorney
/\1 - 67 Do,
WITNES�- x '
WITNES
Tom eorge
Interim City Manager