2299 PBA 19/20-88 Bulk Mulch piggyback w/Florida MulchA Wo
777
FINANCE DEPARTMENT
W' U11117'Eill 1101,134 111
To: City Clerk/Mayor
RE: PBA 19/20-88 Bulk Mulch
The item(s) noted below is/are attached and forwarded to your office for the following action(s)
F-1
Development Order
Mayor's signature
F-1
Final Plat (original mylars)
Fj
Recording
❑
Letter of Credit
F-1
Rendering
F-1
Maintenance Bond
Safe keeping (Vault)
F-1
Ordinance
❑
Deputy City Manager
F-1
Performance Bond
❑
Payment Bond
F-1
Resolution
Fj
City Manager Signature
El
F-1
City Clerk Attest/Signature
F-1
City Attorney/Signature
Once completed, please:
L Return originals to Purchasing- Department
❑ Return copies
Special Instructions Less than 50k per year, Piggybacking Brevard County's Contract
I �,� 6�a,0Lzi4e--,-
From
SliarePoint—Finatice—ilurchasiiig_Foriiis - 2018.doc
Date
Florida Mulch, Inc. Piggyback Contract (PBA 19/20-88)
(Bulk Mulch With Delivery And Install)
The City of Sanford ("City") enters this "Piggyback" Contract with Florida Mulch,
Inc., a Florida corporation (hereinafter referred to as the "Vendor"), whose principal
address 4754 Kenansville Road, Saint Cloud, Florida 34773, and whose mailing address
is Post Office Box 110189, Palm Bay, Florida 32911-0189, 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
government of Brevard County, Florida, said contract being identified as "Bulk Mulch
With Delivery And Install (8-4-20-49)", as may have been amended, in order for the
Vendor to provide bulk mulch with delivery and installation goods and services
relating to the City's various projects (said original contract being referred to as the
"original government contract" which is based upon procurement activity conditions).
(2). The original government contract documents are incorporated herein by
reference and 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:
(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). Notwithstanding anything in the original government contract to the
contrary, the City's terms and conditions relating to the issuance of purchase orders
or work orders, or referenced in such documents, shall prevail over any inconsistent
provisions of the original government contract.
(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 Marisol Ordohez, Purchasing Manager, Finance -Purchasing Division, 300 North Park
Avenue; Sanford, Florida 32771, telephone number (407) 688-5028 and whose e-mail
address is Marisol.ordonez@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
IN
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
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). Notwithstanding any other provision in the original government contract to
the contrary, the Vendor shall provide the City with most favored nation pricing.
(h). 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.
(i). Public Records Requirements.
(1). IF THE CONTRACTORIVENDOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S
1-14malliggloiiiiiii 4*01014*1
VA"I dET'Le�I[SMI don IMEM41N, tdzT—IT4& �0191,41 Illf—M& M d
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012,
TRACI HOUCHIN, CMC, FCRM, CITY CLERK, CITY OF
SANFORD, CITY HALL, 300 NORTH PARK AVENUE,
9
SANFORD, FLORIDA 327715
UTILTMWAMMQ ZIRMILTS MA
(11). In order to comply with Section 119.070 1, 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.
(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 this 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.
M
(III). If the Vendor does not comply with a public records
request, the City shall enforce the provisions of this Contract in
accordance with the terms and conditions of this Contract.
(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.
(j). 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 BLOCKS FOLLOW:
Entered this day of tem.
Florida Mulch,
corporation.
Attest:
Traci Houchin, City Clerk, MMC, -FCRM
�--
® vu--,-. - I a;
&-� 5
Inc., a Florida
I F®R 9 0,10 M -
MAIN -Mal
Sole Corporate Officer
-7
Date: 7
City Of Sanford
Exhibit "A"
[Attach original government contract]
ME
Purchasing
Services
NOTICE OFAWARD
June 25.2O2O
B-4-20-49 / Bulk Mulch With Delivery And Install
PROCUREMENT ANALYST: Summer Wyllie
Purchasing Services
2725Judge Fran Jamieson Way
Building C, Room 303
Viera, Florida 32940
CONTRACTOR
CONTRACTOR
I CITY AND STATE
MEETS MINIMUM
ITEMS I AWARD AMOUNT
AWARDED
aEQUIREMENTS
Florida Mulch, Inc.
Palm Bay, FL
YES
ALL $37-00 / cubic yard
1 $59,385.00 Annually
Consolidated Resource Recovery, Inc.
Sarasota, FL
Statement of No Bid
[l BOARD /ANARD—AGENDAATTACHED
Z APPROVED AWARD (NON-BOARDA@ENDA):
(Per Sections UiE.&Uii&J,BCC-25, PROCUREMENT) Steven A.DodinDJr..Central Services Director
0 Award to overall lowest, most responsive bidder, minimum three responses received,
[] Award to other than low, with low bid being nmn-maponmive.
Z Award to low bid, less than three responses received.
-'-'-'-'-----''------''--'-''-''--'---'---------------'-----------'---'---'--'''----'-
AVVARDEDBYACOyN[NDl7EECONSiSTNQDF:JauonKeUy.PublioVVurke;SummarVVy|ke.PurchoongServioeo
Stephanie Reynolds, Purchasing Services.
FOR PURCHASING USE ONLY:
1771 ONE-TIME PURCHASE
(�
ANNUAL BID:
EFFECTIVE DATE: June 25.2O2O ENDING DATE: June 24.2O23
RENEWAL OPTION F-1 One year M Other: Two (2), one (1) year renewals
[] Prompt Payment Discount Offered [] (Terms) NK0
[] Performance and payment bonds received with construction contract documents
El Release Cashier's or Certified Check Received for Bid Deposit on Bids
Please provide certificate ofinsurance.
El Please provide performance and payment bonds osrequired.
Phone (321) 617-7390 9 http://www.brevardfl.gov/CentralServices/Purchasing