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2385 PBA 21/22-208 Ten-8 PPV FansI FIN Wednesday, December 01, 2021 To: City Clerk RF: PBA 21/22-208 Ten -8 PPV Fans SCQ IwY The item(s) noted below is/are attached and forwarded to your office for the following action(s): F] Development Order Fj Mayor's signature ❑ Final Plat (original mylars) F] Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance Fj Deputy City Manager R Performance Bond n Payment Bond ❑ Resolution E] City Manager Signature D n City Clerk Attest/Signature F-1 City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies Special Instructions: Paul Slm-it, Purchasi-r7flnator 1 -Dec -21 From Date T:\Deptjorms\City Clerk Transmittal Memo - 2009.doc Ten -8 Fire & Safety, LLC Piggyback Contract (PBA 21/22-208) (Lake County, Florida): Fire Equipment Parts -Repair -Service The City of Sanford ("City") hereby enters on the date of the City's execution below, this "Piggyback" Contract with Ten -8 Fire & Safety, LLC, a Florida corporation (hereinafter referred to as the "Vendor"), whose principal and mailing address 2904 59th Avenue Drive East; Bradenton, Florida 34203, 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 Lake County, Florida, said contract, which is currently in effect, being identified as "Contract No. 17-0606L; Fire Equipment Parts -Repair -Service", modification, in order for the Vendor to provide all goods and services relating to the procurement of fire equipment parts, repairs and services, and related commodities and services, for Lake County fire equipment, oof diverse types and natures, as needed by the City (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 to be provided by the Vendor to the City under the same pricing for the City's activities and materials as may be agreed to and directed by the City. (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). NIA. (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 helshe/it shall send notices, invoices and shall conduct all business with the City to the aftention 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 Ordorlez, 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). Notviith standing 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 21 Page 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 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 resclUtion, 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 HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 327711 3l Page (11). 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, (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 pcssession 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 gjnt 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. 4 1 P a g e (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. 0). The Vendor shall afford "Most Favored Nation" pricing to the City and, to the extent necessary for the City to comply with controlling law or the conditions of grants or funding from other governmental agencies or entities, agree to contract terms and conditions required from or by said grants or funding sources. The Vendor agrees to perform consistent with those provisions of controlling law as if mandatory contractual provisions of grantor agencies or entities were a part of this Agreement. (k). The Vendor, in the event of any ambiguity in the contractual relationship between the Vendor and the City, shall comply with all "Standard Contractual Terms and Conditions", as provided on the City's website, which website; which can be reached and accessed, as well as said terms and conditions reviewed, at: (hftps://www.sanfordfl.govldepartments/finance/purchasing/oontract-terms-and- conditions or www, Sanford FL.gov). Entered this day of November, 2021 SIGNATURE BLOCKS FOLLOW: Attest: MEEard Downer Manager Authorized Signatory Of Entity Authorized Signatory Of Entity TEN -8 FIRE & SAFETY, LLC, a Florida corporation. B. Keith Chapman Manager/President Authorized Signatory Of Entity Sl Page Attest City of Sa Traci HoucNin, TIC, IF Fart W City Cie* Mayor Date: Approved as to form a,nd a 'Wr, tcy. EXHIBIT FOLLOWS: s1page *w (Attach original government contract) 7|Pag e