2151 PBA 19/20-43, Wesco Turf - Outdoor Equipment repairsC4)--Y OF
'sXNF0FINANCE DEPARTMENT
TO: City Clerk/Mayor
``
The-item(s) noted below is/are-attached and forwarded to your office for the following action(s)
r_1
Development Order
❑
Mayor's signature
R
Final Plat (original Mylar's)
❑
Recording
F-1
Letter of Credit
F-1
Rendering
F-1
Maintenance Bond
N
Safe keeping (Vault)
M
Ordinance
Deputy City Manager
F-1
Perforinance Bond
❑
Payment Bond
F1
Resolution
F�
City Manager Signature
0
❑
City Clerk Attest/Signature
F-1
City Attorney/Signature
Once completed, please:
F-1 Return originals to Purchasing- Department
F] Return copies
D
Special Instructions:
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From
SliarePoiiit—Finance —Purcliasing—Forms - 2018.doc
Date
Wesco Turf, Inc. Piggyback Contract (PBA 19120-43)
(Outdoor Equipment Repairs)
The City of Sanford ("City") enters this "Piggyback" Contract with Wesco Turf, Inc.,
a Florida corporation (hereinafter referred to as the "Vendor"), whose principal address
2101 Cantu Court, Sarasota, Florida 34232-6240, 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", as amended, in
order for the Vendor to provide all goods and services relating to the procurement of
small and large outdoor equipment repairs (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
1
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
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 Manager's 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.
2
(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).
(1). 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,, CMC, FCRM, CITY OF SANFORD, CITY HALL,
TRACI.HOUCHIN a@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.
3
(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.
(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.
4
�j '/ V r- M�'-
Entered this 1� day of-Ap&, 2019.
Attest:
Traci Houchin, City Clerk, CMC, FCRM
Approved as to form and legal sufficiency.
William L. Colbert City Attorney
9
Wesco Turf, Inc., a Florida
corporation.
By:
Dave Crofoot
Vice President/Secret ry
Date: -1 ' / 0I
City Of Sanford
By: _
Jeff Tri
Date:
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 •CIIAIRNIAN• JOHN COLON • VICE-C"AIRRGIN•
KAREN CARPENTER GINA MESSENGER DAVE `'WATCHDOG- MINER
SUPERINTENDENT
DR. DIANA GREENE
Contract of Award Agreement No.17-0046-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
Contract Term: The term of this Agreement shall be from January 11, 2017 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, MCSD 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. sea. and Fla. Stat. sec. 119.01 et. sect. 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. Insurance: Contractor shall furnish the School District of Manatee County with proof of:
a. Statutory Limits of Worker's Compensation in complianT 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
$4,000,000.00 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 11 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
litt ://www.manateeschools.net/ aaes/SDMC/De artments/District Su ort Service /Pu hasin
Rlessica 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:
CONTRACTO m
Service Pr vider 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
12/8/2017
Date
TM - Contract Sales
Title
941-377-6777
Phone
941-371-2967
Fax
stephen.rice(gwescoturf.com
Email
1 s-17
Date
Date
Date
1/dl's
School Beard of Manatee, County
RENEWAL AMENDMENT FOR
uTwUR EQ mzNT PAIRS- SMALL AND LARGE,
MCSA No.17-0046-
This .Amendment to Outdoor EquipmentRepairs- Snell and Large, MCSD No. 17 -0046 -MR
C -Co tr t") is made and entered into as of the last date si ed below by!and between The School
District of Manatee County "District"j and WescoTur f " Contracwr"). 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 'second renewal option for a period of January 1, 2419
through December 31, 2019.
2. CONFLICT
To the extent any of the teams of this agreement conflict with the terms of the contract, the
terms of this agreement shall control. All ether terms of the contract remain in full force.
3. WARRANTY CIS+ AUTHORITY
Each person signing this Agreement warrants that he or she is duly authorized to do so and
to bind the respective Party,
AO
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tr=tor Bate
Legal — Mitchell 'Teitelbaum mate
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Deputy S r eat Date
AL
ulsertntendent o 5,{tflfl) Date
Board Chair (over 50,000)
The current warded tabulation is posted can the Purchasing website:
*ww.manateeschools.net/oaggOP—NJC!De en t tr'ct Soport aMin
If you do�nt agree to this renewal, please indicate on this renewal agreement and return to Purchasing
Department.,
MCSD Rcoes t v 1/19M16\' P, t oft kftrchrasingSharcMEN L AS I ER