2054 Park & Playground Equipmt REP ServicesSchool District of Manatee County
PURCHASING DEPAR"IMENT
215 Manatee Avenue West
Bradenton, Florida 34245 D G
Direct Line (941) 708-8770 FAX Line (941) 708-8485 �% J
SCI TOOL BOARD:
ROBLA I GAI1tih 'CI IAIkMAN• DAVE "WATCHDOG" MINER • VICE -Ci AIRMAN• MARY CANTRELL
CHARLIE KENNEDY KAREN CARPENTER
SUPERINTENDENT
DR, DIANA GREENF.
Contract of Award Agreement No.16-0425-MR-16
THIN AGREEMENT is entered into by and between the Manatee County School District, hereinafter
"District" and Rep Services, "Contractor".
WITNESSETH, that the District and the Contractor in consideration of the mutual covenants contained
herein agree as follow:
1. The Work: Contractor shall perforin 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:
PARK AND PLAYGROUND EQUIPMENT, MCSD No. 16 -0025 -MR
2. Contract Term: The term of this Agreement shall be from September 09, 2015 through September
8, 2018. 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
CHECKED SEP 18 201"
Contract Award Agreement Continued
• Bid/RFP Park and Playground Equipment, MCSD No. 16 -0025 -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. Tennination 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. seg. 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 infonnational 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.
S. Insurance: Contractor shall furnish the School District of Manatee County with proof of:
a. Statutory Limits of Worker's Compensation in compliance with Chapter 440, Florida
Statute, if required.
b. Employer's Liability Insurance in an amount not less than $3,000,000.00 per occurrence.
c. Comprehensive General Liability Insurance in an amount equal to or greater than
$1,000,000.00 per person and $3,000,000.00 per occurrence for any occurrence resulting
in bodily injury or death to any one or group of persons, including any consequential
damages that arise therefrom.
i. 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
$3,000,000.00 per 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 $1,000,000.00 per occurrence for property
damage caused by passenger automobiles or commercial vehicles.
9. Compliance with Jessica Lansford 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 3LA requirements and how to comply can be accessed at
Contract Award Agreement Continued
.Bid/RFP Park and Playground Equipment, MC5D No. 16 -0025 -MR
http://www.manatecschools.net/pies/SDMC/Departments/i)istriet Support Services/Purchasin
7 jcssica t.unsford 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 s.une 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
,,tta�g P
`" ., f��.--
iervice Provider Signature
John Thomas Almon 11
Type or Print Name
Rep Services, Inc.
Business/Company Name
581 Technology Park, Suite 1004_
Address
Lake Mary, FL 32746
City, State, Zip
MANATEE COUNTY SCHOOL DISTRICT
Counsel
card Chair
t
Date %
President
Title
407-831-9658
Phone
Fax
Jtalmon@),repservices.com
Email
.�
Date
911711-5
Date
Date
PURCHASING DEPARTMENT
215 Manatee Avenue West
Bradenton, Florida 34205
_. Direct Line {941) 708-8770 FAX Line {941) 708-8485
Renewal Amendment, Park and Playground Equipment, SDMC No.
16 -0025 -MR, Renewal 1
This Amendment to Park and Playground Equipment, SDMC no. 16 -0025 -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 Rep Services
("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.
Contract Renewal:
The District hereby executes its first renewal option for a period of September 9. 2018 through September 8,
2019 years. The new expiration date is September 8, 2019.
Conflict of Terms:
To the extent any of the terms of this agreement conflict with the terms of the contract, the terms of this
agreement shall control. All other terms of the contract remain in full force.
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.
Equal Employment Opportunity:
Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted
construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41
CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935,3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
Anti -Discrimination:
a. the bidder certifies that they are in compliance with the non-discrimination clause contained in Section 202,
Executive Order 11246, as amended by Executive Order 11375 relative to equal employment opportunity for
all persons without regard to race, color, religion, sex or national origin. The provisions of the ADA Act of 1990
pertaining to employment shall also be applicable.
b. the bidder shall not discriminate on the basis of race, gender, gender identity or expression, religion, national
origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring, or treatment of sub-
contractors, vendors, suppliers, or commercial customers. Bidder shall provide equal opportunity for sub-
contractors to participate in all of its public sector and private sector sub -contracting opportunities, provided
that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of
marketplace discrimination that has occurred or is occurring in the marketplace. Bidder understands and agrees
that violation of this clause is a material breach of the contract and may result in contract determination,
debarment, or other sanctions
Minority, Small, and Women Owned Business:
School District of Manatee County encourages the use of Minority Owned Businesses, Small Businesses, and
Women Owned Businesses. Contractor agrees to ensure small businesses, minority owned businesses and
women's business enterprises are used whenever possible, such as when participation as partners, joint -
venture's, prime contractor, sub -contractors, and in contracting opportunities.
Davis -Bacon Act: as amended (40 U.S.C. 3141-3148):
Page 1 of 4
Revised 2/28/18 CFR 200
Renewal Amendment Continued
Bid/RFP Park and Playground, SDMC No. 16 -0025 -MR
When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded
by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance
with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors
must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the
current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to
award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The
non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The
contracts must also include a provision for compliance with the Copeland "AntiKickback" Act (40 U.S.C. 3145),
as supplemented by Department of Labor regulations
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708):
Where applicable, all contracts awarded by the nonfederal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704,
as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard
workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess
of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions,
which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
Rights to Inventions Made Under a Contract or Agreement:
If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work under
that "funding agreement," the recipient or sub recipient must comply with the requirements of 37 CFR Part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387):
As amended—Contracts and sub grants of amounts in excess of $150,000 must contain a provision that
requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA). Mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 U.S.C. 6201).
Debarment and Suspension (Executive Orders 12549 and 12689):
A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide Excluded
Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2
CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part
1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549.
Byrd Anti -Lobbying Amendment (31 U.S.C. 1352):
Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
Page 2 of 4
Revised 2/28/18 CFR 200
Renewal Amendment Continued
Bid/RFP Park and Playground Equipment, SDMC No. 16 -0025 -MR
disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non -Federal award.
Section 6002 of The Solid Waste Disposal Act:
The requirements of Section 6002 include procuring only Items designated in guidelines of the Environmental
Protection Agency {EPA} at 40 CFR part 247 that contain the highest percentage of recovered materials
Practicable, consistent with maintaining a satisfactory, level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;
procuring solid waste management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines. (78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014).
Record Retention Requirements for Contracts Paid for with Federal Funds 2 CFR 6200.333:
When federal funds are expended by HOPS for any contract resulting from this procurement process, the
vendor certifies that it will comply with the record retention requirements detailed in 2 CFR §200.333. The
vendor further certifies that vendor will retain all records as required by 2 CFR §200-333 for a period of three
years after grantees or sub -grantees submit final expenditure reports or quarterly or annual financial reports,
as applicable, and all other pending matters are closed.
SIGNATURU;
signature
Nathan Almon
Type or Print Name
_Rep Services, Inc.
Business/Company Name
581 TechnoLogy Park, Suite 1009
Address
Lake Mary, FL 32746
City, State, Zip
SCHOOL lyJSTRICT OF MANAT- EE COUNTY:
SCHOOL BOARD OF MAS&TM COUNTY:
Boar air
08/01/2018
Date
President
Title
407-831-9658
Phone
866432-8532
Fax
nathan@repservices.com
Email
-—
Date
-8 SO-
Date
2 !1�
Date
The current awarded tabulation is posted on the Purchasing website:
Page 3 of 4
Revised uzeris CFR aflo
Renewal Amendment Continued
Bid/RFP Park and Playground, SDMC No. 16 -0025 -MR
www.manateeschools.net
If you do not agree to this renewal, please indicate on this renewal agreement and return to Purchasing Department.
Page 4 of 4
Revised 2/28/18 CFR 200
REP Services, Inc. Piggyback Contract (PBA 18/19-43) (Play -ground Equipment)
The City of Sanford ("City") enters this "Piggyback" Contract with REP Services,
Inc., a Florida corporation (hereinafter referred to as the "Vendor"), whose principal
address 581 Technology Park, Suite 1009, Lake Mary, Florida 32746-7127, 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 "Park and
Playground Equipment MCSD No. 16 -0025 -MR -16", as amended, in order for the
Vendor to provide all goods and services relating to the procurement of the
referenced equipment (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
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
1
N/A.
(a). Time Period ("Term") of this Contract: (state N/A if this is not applicable).
(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 Managers designated representative for this Contract
is Bilal Iftikhar, P.E., J.D.; Director for the Department of Public Works and Utilities; City
Hall; City of Sanford, Florida; 300 North Park Avenue; Sanford, Florida 32771, telephone
number 407-688-5085, and whose e-mail address is BILAL.IFTIKHAR@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.
(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
0)
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 CONTRACTOR/VENDOR HAS QUESTIONS
STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
-rH Ik'' Wil1 :1 1••� �� .:: -.
HOUCHIN,
CITY CLERK,
CITY OF SANFORD,
CITY HALL,
300 NORTH
PARK
AVENUE,
SANFORD,
FLORIDA
327715
(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.
(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.
3
(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.
(111). 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.
Entered Dthi day of April, 2019.
SCNI'l L -
Attest:
Bill Geary'
Vice President
M
REP Services, Inc., a Florida
corporation.
By:
Nathan Almon
President 5//10 11�7
Date:
Attest.
Traci Houchin, City Clerk, CMC, FCRM
Approved as to form and legal suffici
H
ca
C3
William L. Colbert City Attorney �-T 191i
Exhibit "A"
[Attach original government contract]