1896 Wesco Turf Inc. piggyback 17/18-13t
7315771 ISM
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
❑ City Mayor's Signature
® City Clerk Record Keeping
❑ Safe Keeping
❑ City Attorney's Signature
® City Clerk's Signature
Performance Bond
Resolution
Piggyback Contract — Wesco Turf Inc PBA 17/18-13
Once completed, please:
® Return original
❑ Return copy
El
Special Instructions:
Please sign both copies and return one (1) original to Purchasing. City Clerk's office may keep
one (1) original for their records.
Please advise if you have any questions regarding the above.
Thank you!
�Aa�Za;&4
From (T
TADept_forms\City Clerk Transmittal Memo - 2009.doc
�11.-2a
Date
71-4
Contract/Agreement Name:
Approval:
PBA 17/18-13 Wesco Turf Inc
oke i
Pu chasing Ma ger Date
G
Finance —Iiirecto-r--
Date
ryl 1)
Wesco Turf, Inc. Piggyback Contract
(PBA 17/18-13)
The City of Sanford ("City") enters this "Piggyback" Contract with Wesco Turf,
Inc. (hereinafter referred to as the "Vendor"), 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 Manatee County (Florida) School District, said contract
being identified as "Outdoor Equipment Repairs — Small And Large (MCSD No.17-
0046-MR. or MR. -5)", (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.
3. Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
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)
d)
e)
f)
Any other provisions of the original government contract that
will be modified: (state N/A if this is not applicable). N/A.
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
Bilal Iftikhar, P.E., Public Works Director, City of Sanford, 300 North Park
Avenue; Sanford, Florida 32771, telephone number (407) 688-5000
(Extension 5421) and whose e-mail address is
BILAL.IFTIKHAR@Sanfordfl.gov.
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.
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) IF THE CONTRACTOR/VENDOR 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, CYNTHIA PORTER, CITY CLERK, CITY OF
SANFORD, CITY HALL, 300 NORTH PARK AVENUE,
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.
Entered this day of W; 2017.
SIGNATURE BLOCKS FOLLOW:
3
Attest:
William 16-mble III
't
I
Ch tive Officer
David F. Crofoot
Vice President/Secretary
Attest -
Cynthia Porter, City Clerk
Approved as to form and legal sufficiency.
Wesco Turf, Inc., a Florida
corporation.
By:
William J. Gamble IV
President/Director
Date: 12 /V 4
City of Sanford
By:
Norton N. Bonaparte —J-01CMA-CM
City
�
DaV/��...
Exhibit "A"
[Attach original government contract]
School District of Manatee County
PURCHASING DEPARTMENT
215 Manatee Avenue West
Bradenton, Florida 34205
Direct Line (941) 708-8770 FAX Line (941) 708-8485
SCHOOL BOARD
CHARLIE KENNEDY'CHAIRMAN' JOHN COLON' VICE-CHAIMIAN'
KAREN CARPENTER GIN A kIESSENGER DAVE'WATCHDOG" MINER
SUPERINTENDENT
DR. DIANA GREENE
Contract of Award Agreement No.17-0446-MR-5
THIS AGREEMENT is entered into by and between the Manatee County School District, hereinafter
"District" and Wesco Turf Inc, "Contractor".
WITNESSETH, that the District and the Contractor in consideration of the mutual covenants contained
herein agree as follow:
1. The Work: Contractor shall perform and render all services as prescribed and required by the
Instructions to Proposers, Proposal Form, General Conditions, Specials Conditions, Scope of
Work, Specifications, and all other documents forming a part of the Proposal package and any
other documents signed by both parties relating to the subject matter of the Agreement, all of which
are incorporated by reference as though set forth in full herein for:
OUTDOOR EQUIPMENT REPAIR SMALL AND LARGE,
MCSD No. 17 -0046 -MR
2. Contract Term: The term of this Agreement shall be from January 11, 2417 through December
31, 2017. Any deviation from the awarded contract period or cancellation of any item(s) awarded
may result in your company being barred from doing business with the School District of Manatee
County, in accordance with School District Policies and Procedures. Multi-year contracts will
automatically renew for one (1) year periods during the initial contract period above, unless the
District notifies the supplier of intent to rebid or negotiate new terms ninety (90) days prior to the
contract anniversary date. This Agreement shall not expire until all work under Purchase orders
issued is completed, accepted and paid for by the District. All indemnification provisions
contained in the Agreement shall survive beyond the expiration of the Agreement.
3. Payment Terms: The standard payment terms for the School District of Manatee County are Net
30. Invoices must include the purchase order number prominently displayed in order to receive
payment. Payments will be made only to the vendor listed on the purchase order.
4. Non -Funding: In the event sufficient budgeted funds are not available for a new fiscal period,
the Purchasing Department shall notify the vendor of such an occurrence and the contract shall
terminate on the last day of the current fiscal period without penalty or expense to the District.
5. Termination: The School Board of Manatee County reserves the right to terminate this contract
in whole or in part at any time before the date of completion, in the event it is determined that the
provider has failed to comply with the conditions of the agreement. The School Board shall
promptly notify the Provider in writing of the determination and the reasons for the termination,
together with the effective date of the termination. Payments made to Providers or recoveries by
Contract Award Agreement Continued
Bid/RFP Outdoor Equipment Repair- Small and Large, MCSO No. 17 -0046 -MR
the School Board under contracts terminated for cause shall be in accordance with the legal rights
and liabilities of the parties under the laws of the State of Florida.
Termination for Convenience—Termination of this contract in whole or in part may be made by
School District Manatee County when the district determines that the continuation of the contract
would not produce beneficial results commensurate with the further expenditure of funds or in
furtherance of the goals and directives of the School District Manatee County. Termination may
be initiated within 30 days' notice when Board approval is not required and subject to Board
approval when required.
6. Compliance with the Sunshine Law: The Florida Sunshine Law is a series of laws designed to
guarantee that the public has access to the public records of governmental bodies in Florida, Fla.
Stat. sec. 286.011 et, seq. and Fla. Stat. sec. 119.01 et. seg. The contracting party with The School
Board of Manatee County hereby acknowledges and agrees to comply with The Florida
"Sunshine" Law, including but, not limited to keeping and maintaining all records that relate
and/or pertain to the terms of this agreement available for inspection and copying, public records
requests, internal audits and for any other informational purpose.
7. Governing Law: This agreement will be governed by the internal laws of the State of Florida,
without regard to its conflicts of laws rules. Each party agrees to comply with all applicable laws
in the performance of this agreement. All disputes are to be resolved in Manatee County, Florida
by binding Arbitration before the American Arbitration Association or other mutually agreed and
similar forum. The costs of such dispute will be borne by the individual party.
8. Insumnce: Contractor shall Furnish the School District of Manatee County with proof of:
a. Statutory Limits of Worker's Compensation in compliant itk Chapter 440, Florida
Statute, if required.
b. Employer's Liability Insurance in an amount not less than $1,000,000.00 per occurrence.
c. Comprehensive General Liability Insurance in an amount equal to or greater than
$1,000,000.00 per person and $2,000,000.00 aggregate for any occurrence resulting in
bodily injury or death to any one or group of persons, including any consequential
damages that arise therefrom.
If policy is on a "CLAIMS MADE" basis, contractor's insurance carrier will
identify policy as such and indicate in writing the amount of claims paid by this
policy and reserves outstanding. Policy aggregates must equal at least two (2) times
the occurrence limit.
d. Liability Insurance in an amount equal to or greater than $1,000,000.00 per person and
$2,000,000.00per occurrence for bodily injuries and/or death to any person or persons
caused by passenger automobiles or commercial vehicles.
e. Liability Insurance equal to or greater than $500,000.00 per occurrence for property
damage caused by passenger automobiles or commercial vehicles.
9. Compliance with Jessica Lunsford Act: The School District of Manatee County and State of
Florida, requires all contractors/subcontracts to comply with the Jessica Lunsford Act (JLA) which
consists of a level II background screening via fingerprinting. Vendors, individuals or entities
under contract with the School Board of Manatee County required to go on school grounds when
students are present, must comply with the requirements of the law and agree to indemnify and
hold harmless the School Board of Manatee County for any claims made against the School Board
related to the failure to comply with Florida Statute Section 1012.465 and Section 1012.32 Florida
Statutes. Information on JLA requirements and how to comply can be accessed at
Page 2 of 3
Contract Award Agreement Continued
Bid/RFP Outdoor Equipment Repair- Small and Large, MCSD No. 17 -0046 -MR
httl2://www.manateeschools.netlt)aees/SDMC/Depgrtments/District Support ScuicesIPLiEghasin
* Jessica Lunsford Act
10. Sovereign immunity: The parties acknowledge and agree that the School Board of Manatee
County, Florida, as an agency of the State of Florida, is a sovereign entity that is by law immune
from suit except to the extent specified in 768.28 of Florida Statutes. No provision of the
agreement shall constitute, or be interpreted as, a waiver of sovereign immunity, and all defenses
relative to sovereign immunity shall be preserved.
11. Entire Agreement: The proposal and this agreement constitutes the entire agreement between
the parties and supersedes all prior agreements or representations, whether written or oral,
concerning its subject matter. This agreement may be executed in one or more counterparts, each
of which will be deemed an original and all of which will constitute one and the same instrument.
The terms of this agreement will supersede any conflicting terms in any counterpart, exhibit or
attachment. No modification, amendment, or waiver of any provision of this agreement will be
effective unless in writing and signed by both parties. Notice is by writing sent certified mail.
12. Authority to Execute: The individual executing this Agreement on behalf of the Contractor is
duly and fully authorized to execute this Agreement on behalf of the Contractor and to bind the
Contractor to each and every, condition and covenant of the Contract Documents.
SIGNATURES:
CONTRACTOR
Service Pr vides Vghature
Stephen Rice
Type or Print Name
Wesco Turf, Inc.
Business/Company Name
2101 Cantu Court
Address
Sarasota, Floriada 34232
City, State, Zip
MANATEE COUNTY SCHOOL DISTRICT
Page 3 of 3
12/8/2{117
Date
TM - Contract Sales
Title
941-377-6777
Phone
941-371-2967
Fax
stephen.rice@wescoturf.com
Email
I s-17
Date
Date
tldll�
Date
School Board of Manatee County
RENEWAL AMENDMENT FOR
OUTDOOR EQUIPMENT REPAIRS- SMALL AND LARGE,
MCSD No. 17 -0046 -MR
This Amendment to Outdoor Equipment Repairs- Small and Large, MCSD No. 17 -0046 -MR
("Contract") is made and entered into as of the last date signed below by and between The School
District of Manatee County ("District") and WescoTurf ("Contractor"). District 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. CONTRACT RENEWAL
The District hereby executes its first renewal option for a period of January 1, 2018 through
December 31, 2018.
2. CONFLICT
To the extent any of the terms of this agreement conflict with the terms of the contract, the
terns of this agreement shall control. All other terms of the contract remain in full force.
3. WARRANTY OF AUTHORITY
Each person signing this Agreement warrants that he or she is duly authorized to do so and
to bind the respective party.
SIGNATl1Ct
Contractor / :
Legal "Mitchell Teitelbaum
�_ 61
Deputy Sup rinjt en -t
Board Chair
Lute
Date
Date
10 /Ls/ 17
The current awarded tabulation is posted on the Purchasing website:
tivww: an teesc ols: t~ a of
5wpmt S—Mic-91Turchasiog
If you do not agree to this renewal, please indicate on this renewal agreement and return to Purchasing
Department.
MCSD Rcnowni v 1119r-016 P. i ori I.1PurchusingSharcMGENERAI IMASTER