HomeMy WebLinkAbout2024 AgreementRESOLUTION NO. R-24-21
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING A PIGGYBACK CONTRACT WITH FERGUSON
ENTERPRISES, LLC FOR THE PURCHASE OF POLY
DRAINAGE PRODUCTS AND REPAIR SYSTEMS; ADOPTION
OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Chapter 287, Florida Statutes, and the City of Sebastian Code
of Ordinances Section 2-10, provide that whenever advantageous to the City, the City may utilize
bids that have been awarded or under contract by the state, county or other governmental
agencies; and
WHEREAS, Ferguson Enterprises, LLC., has an existing contract under Volusia County,
Florida effective through September 10, 2026, which is attached as "Exhibit A" for poly drainage
and repair systems; and
WHEREAS, the City finds it is in the City's best interest to enter into a piggyback
agreement with Ferguson Enterprises, LLC for the purchase of poly drainage products and repair
systems at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA:
SECTION 1. RECITALS. The above recitals are hereby found to be true and correct
and are hereby adopted as the legislative intent of the City of Sebastian, Florida.
SECTION 2. AUTHORIZATION. The City of Sebastian, Florida hereby authorizes
the piggyback contract referenced above for the purchase of services specified in this Resolution,
and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf of
the ty to issue a purchase order to Ferguson Enterprises, LLC in an amount not to exceed
$1-5,000, for%i ie purchase of poly drainage products and repair systems and in substantial
1
conformity with the agreement attached hereto as "Exhibit A" and the City's supplemental
agreement attached hereto as "Exhibit B."
SECTION 3. CONFLICTS.
If any section, sentence, phrase, word, or portion of this Resolution is determined to be
invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair
the validity, force or effect of any other section, sentence, phrase, word, or portion of this
Resolution not otherwise determined to be invalid, unlawful, or unconstitutional.
SECTION 4. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City Manager or
designee, without need of further action by the City Council by filing a corrected copy of same
with the City Clerk.
SECTION 5. EFFECTIVE DATE.
This Resolution shall become effective immediately upon adoption by the City Council.
The foregoing Resolution was passed for adoption by Council Member McPartlan , was
seconded by Council Member Nunn , and upon being put to a vote, the vote was as follows:
Mayor Dodd aye
Vice Mayor Dixon aye
Council Member Jones aye
Council Member McPartlan ave
Council Member Nunn ave
The Mayor thereupon declared this Resolution duly passed and adopted this 10thday of April
2024.
CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA
Ed Dodd, Mayor
2
ATTEST:
/ J.M/UI.0 C4_. NA4 m.6.
cYanette Williams, City Clerk
Approved as to form and
Legality:
fifer Cockcroft 1 City Attorney
Master Agreement NO.750 4157 -1
TERM: 2023-09-11 to 2026-09-10
Volusia County
FLORIDA
Date Issued: 09/13/2023
Vendor contact: County contact:
Name: JUSTIN MONTANDON Name: CAROLYN MINICH
Phone: 407-859-7473 Ext.: Phone: 386-822-6422
E-mail: JUSTIN.MONTANDON@FERGUSON.C( E-mail: jgrim@volusia.org
Vendor Name:
FERGUSON ENTERPRISES INC
801 THORPE ROAD
ORLANDO, FL 32824-8016
Solicitation Number: 23-B-128HO
Award Date: 2023-09-11
Award Authorization: DIRECTOR
Vendor No. FEE22900000
Document Description:
Polyethylene Drainage Products and Repair System Pipe
Line Commodity Unit
Item Code
1 65858 EA
Purchasing
Phone:
E-mail:
Bill To:
County of Volusia
Ext.: 20474 AS REQUIRED BY
USING DEPARTMENT
Page 1 of 2
VOLUSIA COUNTY, FL 32720
Ship To:
AS REQUIRED BY
USING DEPARTMENT
VOLUSIA COUNTY, FL 32720
HEIDI OTT
386-626-6626 Ext: 16626
hott@volusia.org
Payment Terms: Net 45 Days, FOB Dest, Freight allowed
Polyethylene Pipe
In accordance with 23-B-128HO
Description
P�n,
Pam Wilsky, CPPO, CPPB
Purchasing & Contracts Director
Remainder of page is blank
Unit Price or
Contract Amount
0.000000
Coung, of Volusia
Sales Tax Exemption Number
85-8012622393C-9
A delivery order is required for the release of items / services from the referenced Master Agreement. If a solicitation number is referenced then the terms and conditions of
said solicitation become part of the Master Agreement. Deviation from prices slated is not permitted without a signed corrected Change Order.
If vendor terms and conditions conflict with County of Volusia Terms and Conditions, the County's Terms and Conditions prevail. See reverse side for terms and conditions.
Purchase Order (PO) or Master Agreement (MA) Terms and Conditions
Providing any good or service constitutes acceptance of this entire PO or MA without exception.
In the event this document is Issued based on a solicitation or quote, the terms and conditions of the
solicitation or quote prevail.
Acceptance. Produce Services purchased as result of this PO or MA may be tested for compliance with specifications Items delivered not in conformance with the specifications
may be rejected and returned at the Provider's expense. Those items and items not delivered by the delivery date specified in the accepted offer and/or PO or MA may be
purchased on the open market.
Cancellation of Order. A request by either party to the PO to cancel the order at no cost.
Delis Title and risk of loss shall pass when items have been received, inspected, and accepted by County of Volusia ("County"). All associated shipping, insurance, and other
related costs shall be home by Provider.
Discontinued. Provider shall give County 30 (thirty) days advance notice of a discontinued lemus) so that County can pureness additional quantities of discontinued item(s).
County must give written approval of replacemenl(s) 8 they exceed previous price or fail to meet quality, form, fit, or function of the discontinued item. Time is of the essence
regarding Performance of Services and this PO or MA can be terminated by the County for convenience, non -appropriation of funds, or non-performance.
Disputes. If such dispute arises under this PO or MA and is not resolved informally by the parties within five (5) business days, the party bringing a claim ('Disputing Party') shall
deliver to the first level representative of the other party a written statement ('Dispute Notice') describing the dispute. If the respective representatives cannot resolve the dispute
within ten (10) days, the dispute shall be escalated through two higher levels of management. If the dispute has not been resolved within 25 (twenty- five) calendar days after
delivery of the Disputing Party's notice, either party may give written notice to the other party declaring the resolution process terminated and pursue other legal recourse or initiate
formal non -binding mediation before a single mediator, which shall be completed within 30 (thirty) days of initiation, in accordance with rules of practice and procedure adopted by
the Supreme Court of Florida for court -ordered mediation, Rule 1.700, at seq., of the Florida Rules of Civil Procedure, and Chapter 44, Florida Statutes. If the dispute remains
unresolved after conducting such mediation, then either party may proceed to finalize such termination remedies and commence litigation in a court of competent jurisdiction.
E-Veri. By providing any good or service to the County or accepting payment for same, Provider warrants and confide it has registered with and uses the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new employees. Provider Is subject to and agrees to abide by Sections 446.09 and 446.095. Fla.
Stat. Provider shall not enter into a contract with a subcontractor whhout prior approval from the County; Provider will be required to comply with the provisions of Section 446.095,
Fla. Stet.
Cordppliance with FEMA 2 CFR 200.318-326 and Aocendix II Contract Provisions. This Agreement and the products/services provided may be utilized in the event of declared
State/Federal Emergency antl Contractors shall be prepared to comply with the requirements of the FEMA Super Circular CFR 200.318-326 and Appendix II Contract Provisions
as amended. These documents can be found on the Internet at: helps://www.gpo.gov/fdsysfgmnule[CFR-2014-bUe2-volt/CFR-2014-WIe2-voll-wc200J18
Law/Jurisdic[ignNenue. This PO or MA shall be governed by the laws of the State of Florida and venue for any litigation arising from this PO or MA shall be in the
County o olusia, Florida, and any trial shall be non -jury. Provider shall comply with all applicable laws and regulations.
Insurance. For goods and services delivered or performed by Provider on County premises, Provider cenifies it maintains comprehensive general liability Insurance and auto
insurance in the amounts identified in the solicitation and/or contract and any amendments thereto pertaining to this PO or MA or from an A.M. Best 'A = or better rated insurance
firm authorized by the State of Florida Insurance Commissioner, The County reserves the right to require the 'County of Volusia' be named as additional insured for projects when
doomed necessary. For services performed off County premises and goods delivered by third parry tamers, the Provider shall use such carriers that maintain such insurance
coverage as set forth above.
Provider agrees to protect, defend, indemnify, and save the County. Its agents, officials, including elected officials, and employees of the County harmless
from and .gains any and all claims, demands, actions, and causes of action which may arise asserting that a copyright, trademark, "do secret, or patent ('Intellectual Property'),
as provided under this PO or MA, Infringes or misappropriates any third parry's Intellectual Property. If Provider must pay a third party any license, royalty, or other such usage fee
In order to deliver the fteri under this PO or MA, such third party and usage fee must be specified in the Providers offer to sell to the County.
Indemnification. The Contractor shall indemnify, defend and hold hamdess the County and its employees, officers, elected and appointed officials, agents, attorneys,
representatives, volunteers, divisions, departments, districts, authorities. and associated entities from and against all claims, damages, losses, and expenses, including, but not
limited to attorneys fees, arising out of or resulting from the performance of this Agreement to the extent that any such claim, damage, loss and expense Is caused by any
negligent act or omission of the Contractor, anyone directly or indirectly employed by Contractor.
Modification & Assipnmenl. County may unilaterally change, at no additional cost, the quantity and receiving point within the County for items not yet shipped. All other items must
be mutually agreed upon in writing. County is not required to pay for defective items, back -orders, late deliveries, those quantities exceeding the PO or MA quantity, or hems
shipped at a higher price than stated on the PO or MA. Neither this PO or MA nor any interest herein shall be assigned, transferred, or encumbered by Provider except as
authorized in writing by the County.
Notices. All notices given by one party to the other party under this PO or MA shall be delivered to the receiving parties address set forth on this PO either by hand, qualified
muder. e-mail and shall be deemed received the day after it is transmitted. For the County, it shall be addressed to the Purchasing and Contracts Department, 123 West
Indiana Avenue, 3rd Floor, DeLand, Florida, 32720 or purchasing@volusia.org.
No Waiver. Except as expressly set forth herein, no failure or delay on the part of County in exercising any right, power, or remedy hereunder shall operate as or be deemed a
waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof, or the exercise of any other right, power, or
remedy.
Order of Precedence_ In the event of conflict between this PO or a Master Agreement (MA), the originating Volusia County contract and amendments thereto shall be controlling
This control shall pertain to all specifications and scopes of work included In the originating Volusia County contract and any amendments thereto.
Payment. Except for construction services, which shall be paid pursuant to the Florida Prompt Payment Act, County shall pay Provider within 45 (forty-five) days after receipt of an
accurate and undisputed Invoice, unless the County accepts a prompt payment discount from Provider and the goods or services are not defective. Invoice, packing slip, delivery
receipt, order acknowledgement, and correspondence shall clearly indicate the PO or MA number. Any additional or different terms and conditions an Providers documents shall
be considered null and void. The County may deduct amounts it is due from Providers payment or not pay disputed invoices until such dispute is resolved. Nothing in this PO or
MA shall create any obligation on the part of the County to pay directly to any subcontractor of Provider any monies due to such subcontractor or claims of such subcontractor for
amounts owed by Provider to subcontractor for goods or services provided under this PO or MA
Sovereign Immunity. The County expressly retains all rights, benefits and Immunities of sovereign Immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding
anything set forth in any section of the Agreement, Master Agreement, andl or this Purchase Order to the contrary, nothing in any such documents shall be deemed as a waiver of
immunity or the limitations of liability of the County beyond any statutory limited waiver of Immunity or limits of liability which may have been or may be adopted by the Florida
Legislature, and the cap on the amount and liability of the County for damages regardless of the number or nature of claims in tort, equity, or contract shall not exceed the dollar
amount set by the legislature for tort. Nothing in the Agreement, Master Agreement, or this Purchase Order shall inure to the benefit of any third party for the purpose of allowing
any claim against the County, which would otherwise be barred under the doctdne of sovereign immunity or by operation of law.
Taxes. County is exempt from Manufacturers' Federal Excise Tax (Exemption# 49-6000.885) and Florida sales tax (Fxemption# 85-8012622393C.9). Certificates are available at
www.volusis.org/purchasing. After accessing the foregoing wabsits, select, "Doing Business with Volusia County^ and 'Consumer Certificate of Tax Exemption' from the available
menu screens to see a copy of the certificates.
Termination for Convenience. The County may cancel the PO or MA in whole or part when it is in the best interest of the County with thirty (30) days notice.
UCC. In addition to any rights or remedies contained in this P.O., each party shall have rights, duties, and remedies available through the Uniform Commercial Code (UCC).
Warranty. Provider warrants that all Work or Services performed under this PO or MA shall be performed In a good and competent workmanlike manner to the satisfaction of the
County, and materials shall be of good quality (unless otherwise stated on PO or MA), and free from defects and pursuant to specifications and requirements of the contract
related to this PO or MA.
Volusia County Purchasing & Contracts Division (Rev 07-01-2023)
PIGGYBACK AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SEBASTIAN AND FERGUSON ENTERPRISES. INC.
THIS AGREEMENT is made and entered into on r; JSA , 2024 by
the City of Sebastian, 1225 Main Street, Sebastian, FL 32958, a municipal corporation of the
State of Florida, (hereinafter referred to as "CITY") and Ferguson Enterprises, LLC (FEIN:
54-1211771) 751 Lakefront Commons, Newport News, VA 23606, (hereinafter "VENDOR").
WHEREAS, Volusia County, Florida has previously entered into a contract with Vendor
to provide Polyethylene Drainage Products and Repair System Pipe on September 11, 2023
(attached as Exhibit A hereto); and
WHEREAS, the City of Sebastian wishes to enter into a like contract with Vendor under
the same terms and applicable conditions as that prior agreement entered into by Volusia
County, Florida to provide Polyethylene Drainage Products and Repair System Pipe and other
related tasks as may be assigned by the City; and
WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of
Sebastian grant the authority to piggyback the purchase of goods and services as a form inter-
governmental cooperative purchasing in which a public purchaser requests competitive sealed
bids, enters into a contract, and arranges, as part of the contract, for other public purchasing
units to purchase from the selected vendor under the same terms and conditions as itself in
order to take advantage of the better pricing that large purchasers are able to obtain in order to
reduce administrative time and costs involved in the procurement process (i.e., cost of preparing
bid specifications, advertising, etc.); and
WHEREAS, the City of Sebastian has determined that in this circumstance,
piggybacking onto a contract entered into by Volusia County, Florida is the most economically
advantageous way to procure these goods and services.
NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained
herein, the parties agree as follows:
1. TERM
The initial term shall be from date of execution until September 10, 2026.
2. GENERAL PROVISIONS
All other terms and conditions of the contract and any amendments thereto entered into
between Volusia County, Florida and Vendor referenced above will be applicable to this
agreement unless specked herein.
3. NOTICES
All notices and demands shall be sent U.S. Certified Mail, return receipt to:
VENDOR: CITY:
Rob Pinkston, Municipal Area Sales Manager Brian Benton, City Manager
Ferguson Enterprises, LLC City of Sebastian
9692 Florida Mining Blvd., W. 1225 Main Street
Jacksonville, FL 32257 Sebastian, FL 32958
4. PUBLIC RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CITY CLERK: JEANETTE WILLIAMS
1225 MAIN ST
SEBASTIAN, FL 32958
(772) 388-8215
JWILLIAMS(&CITYOFSEBASTIAN.ORG
Vendor agrees to comply with public records laws, specifically to:
A. Keep and maintain public records required by the public agency to perform the
service.
B. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter 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 for the duration of the contract term and following completion of the contract
if the contractor does not transfer the records to the public agency.
D. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the contractor or keep and maintain public
records required by the public agency to perform the service. If the contractor
transfers all public records to the public agency upon completion of the contract,
the contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract,
the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
7
IN WITNESS WHEREOF, the parties hereto have through their duly authorized
representatives, approved and executed this Agreement as of the date set forth below.
CITY OF SEBASTIAN
Brian Benton, City Manager
Date: //�.r
Attest: p
I�• ,�,d
ity clerk
Approved as to form & legality
0tti
orney U
VENDOR:
1
Signature
Rob Pinkston
Printed Name
Title: Area Sales Manager
Date: March 22, 2024
STATE OF FLORIDA
COUNTY OF IJI W&
r\
The foregoing instrument was acknowledged before me on this day of
Al a( I� , 20V, byjob -PAS hi. as PYPa Sn 18 {tV-v' of Ferguson
Enterprises, LLC. He Is Dersonallv known to me, or has produced his/her driver's license, or
his/her as identifii tion, and did/did not take an oath.
Seal:1
N011.YSgNAS otary u Ic, State of Florida
My Commission expires:Woommailimims
MNHK
is 187
,..
4
DocuSign Envelope ID: ABOODA9D-3275467B-632D-C2601 OEE0669
DocuSign Envelope ID: ABOODA9D-3275.467B-B32D-C26010EE0669
DocuSign Envelope ID ABOODA90.3275-4e7B.832D-C26010EE0669
SECRETARIAL CERTIFICATE OF AUTHORIZATION
The undeisigned Assistant Secretary of Ferguson Enterprises, LLC, duly organized and existing under the laws of
Virginia (the "Company'l, hereby designates and cei tifies that the following employee of the Company, is authorized,
on behalf of the Company to take the action(s) designated herein and to execute any and all documents necessary to
further such actions:
Evi
Individual Name: Rob Pinkston Title: Area Sales Mauagei-WW Mutucipal
Authorized Actlon(s):
1. To enter into contracts, agreements or other documents, and to execute such documents and undertake all
such acts as may deemed in the best interest of the Company
2. To ptepate and submit bids and proposals to the Company's customers.
This certificate of authorization shall be effective from the date hereofuntil January 3, 2025 unless wittdtawn sooner
in writiug The provisions of this Certificate are m conformity with a Resolution adopted by the Board ofDhectors
of the Company effective July 31, 2023.
In witness whereof, I have hereunto subscribed my name and affixed the seal of the Company, effective January 4,
2024,
(Company Seal))
,,''�I111111111''1
Commonwealth of Virginia
City of Newport News
Ferguson Enterprises, LLC
vV
Wesley E 'ce
Assistant Secretary
Swom to subscribe and acknowledged before me on Ianuahy 4, 2024, by Wesley E. Rice, personally known
to me, in his capacity as Assistant Secretary of Ferguson Enterpuses, LLC, a Virginia LLC, on behalf of such
Company.
9 Mety, Ifo, Pa A-0,�
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g� . n • Notary f Casey 111off
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U:zo � !�.•n- Mycommisslon pires• Ju 1,202G
(Notary Seal) ' �Q: �i ntissi
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ALTH
EXHIBIT A
Volusia Countv. Florida Aqreement with Ferquson Enterprises, LLC
1.4 , Master Agreement NO.750 4157 -1
im
\� '�► TERM: 2023-09-11 to 2026-09-10 Page 1 of 2
Volusia County
FLORIDA
Date Issued: 09/13/2023
Vendor contact: County contact: Bill To:
Name: JUSTIN MONTANDON Name: CAROLYN MINICH County of Volusia
Phone: 407-859-7473 Ext.: Phone: 386-822-6422 Ext.: 20474 AS REQUIRED BY
E-mail: JUSTIN.MONTANDON@FERGUSON.C( E-mail: lgdm@volusia.org USING DEPARTMENT
Vendor Name:
FERGUSON ENTERPRISES INC
801 THORPE ROAD
ORLANDO, FL 32824-8016
Solicitation Number: 23-B-128HO
Award Date: 2023-09-11
Award Authorization: DIRECTOR
Vendor No. FEE22900000
Document Description:
Polyethylene Drainage Products and Repair System Pipe
Line Commodity Unit
Item Code
1 65858 EA
Purchasinq
Phone:
E-mail:
VOLUSIA COUNTY, FL 32720
Ship To:
AS REQUIRED BY
USING DEPARTMENT
1II�74b91-�K�DPY�w��iYiL•b]
HEIDI OTT
386-626-6626 Ext: 16626
hott@volusia.org
Payment Terms: Net 45 Days, FOB Dest, Freight allowed
Polyethylene Pipe
In accordance with 23-8-128HO
Description
Pin,
Pam Wilsky, CPPO, CPPB
Purchasing & Contracts Director
Remainder of page is blank
Unit Price or
Contract Amount
0.000000
County of Volusia
Sales Tax Exemption Number
85-8012622393C-9
A delivery order is required for the release of items / services from the referenced Master Agreement. If a solicitation number is referenced then the terms and conditions of
said solicitation become pan of the Master Agreement. Deviation from prices stated is not permitted without a signed corrected Change Order.
If vendor terms and conditions conflict with County of Volusia Terms and Conditions, the County's Terms and Conditions prevail. See reverse side for terms and conditions.
Purchase Order (PO) or Master Agreement (MA) Terms and Conditions
Providing any good or service constitutes acceptance of this entire PO or MA without exception.
In the event this document is issued based on a solicitation or quote, the terms and conditions of the
solicitation or quote prevail.
Acceptance. Products/Services purchased as result of this PO or MA may be tested for compliance with specifications. Items delivered not in conformance with the specifications
may be rejected and returned at the Providers expense. Those items and items not delivered by the delivery date specified in the accepted offer and/or PO or MA may be
purchased on the open market.
Cancellation of Order. A request by either party to the PO to cancel the order at no cost
Deliverv. Title and risk of loss shall pass when items have been received, inspected, and accepted by County of Volusia ("County'). All associated shipping, Insurance, and other
related costs shall be bome by Provider.
Discontinued. Provider shall give County 30 (thirty) days advance notice of a discontinued item(s) so that County can purchase additional quantities of discontinued iteri
County must give written approval of replacement(s) if they exceed previous price or fail to mast quality, form, fit or function of the discontinued item. Time is of the essence
regarding Performance of Services and this PO or MA can be terminated by the County for convenience, non-apprmnatim of funds, or mm-performance.
Disputes. If such dispute arises under this PO or MA and is not resolved informally by the parties within five (5) business days, the party bringing a claim ("Disputing Party") shall
deliver to the first level representative of the other party a wnden statement ("Dispute Notice") describing the dispute. If the respective representatives cannot resolve the dispute
within tan (10) days, the dispute shall be escalated through two higher levels of management. If the dispute has not been resolved within 25 (twenty- five) calendar days after
delivery of the Disputing Party's notice, either party may give written notice to the other party declaring the resolution process terminated and pursue other legal recourse or initiate
formal non -binding mediation before a single mediator, which shall be completed within 30 (thirty) days of initiation, in accordance with rules of practice and procedure adopted by
the Supreme Court of Florida for courrordered mediation, Rule 1.700, at seq., of the Florida Rules of Civil Procedure, and Chapter 44, Florida Statutes. If the dispute remains
unresolved after conducting such mediation, then either party may proceed to finalize such termination remedies and commence litigation in a court of competent jurisdiction.
E-Verily. By providing any good or service to the County or accepting payment for same, Provider warrants and certifies it has registered with and uses the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new employees. Provider Is subject to and agrees to abide by Sections 446.09 and 446.096, Fla.
Stet. Provider shall not enter into a contract with a subcontractor without prior approval from the County; Provider will be required to comply with the provisions of Section 446.095,
Fla. Stat.
Corr99gqliance with FEMA 2 CFR 200.318-326 and Aooendix II Contract Provisions. This Agreement and the products/services provided may be utilized in the event of declared
StalelFederal Emergency and Contractors shall be prepared to comply with the requirements of the FEMA Super Circular CFR 200.318-326 and Appendix II Contract Provisions
as amended. These documents can be found on the Internet at https://v .gpo.gov/fdsysigranulelCFR-2014-title2 volllCFR-2014-title2-voll-sec200-318
Governing Lew/JudsdictlonNenue This PO or MA shall be governed by the laws of the State of Florida and venue for any litigation arising from this PO or MA shall be in the
County of Volusia, Florida, and any trial shall be non -jury. Provider shall comply with all applicable laws and regulations.
Insurance. For goods and services delivered or performed by Provider on County premises, Provider certifes it maintains comprehensive general liability insurance and auto
Insurance in the amounts identified in the solicitation andfor contract and any amendments thereto pertaining to this PO or MA, or from an A.M. Best "A ' or better rated insurance
firm authorized by the State of Florida Insurance Commissioner. The County reserves the right to require the 'County of Volusia" be named as additional insured for projects when
deemed necessary. For services performed off County premises and goods delivered by third party carriers, the Provider shall use such carriers that maintain such insurance
coverage as set forth above.
1rl1Y. Provider agrees to protect, defend, Indemnify, and save the County, he agents, officials, including elected officials, and employees of the County harmless
from and .gains any and all claims, demands, actions, and causes of action which may anse asserting that a copyright, trademark, trade secret, or patent ("Intellectual Property"),
as provided under this PO or MA, infringes or misappropriates any third pares Intellectual Property. If Provider must pay a third party any license, royalty, or other such usage fee
in order to deliver the Items) under this PO or MA, such third party and usage fee must be specified in the Provider's offer to sell to the County.
Indemnification. The Contractor shall indemnify, defend and hold harmless the County and Its employees, officers, elected and appointed officials, agents, attorneys,
representatives, volunteers, divisions, departments, districts, authorities. and associated entities from and against all claims, damages, losses, and expenses, including, but not
limited to attorneys fees, arising out of or resulting from the performance of this Agreement to the extent that any such claim, damage, loss and expense is caused by any
negligent act or omission of the Contractor, anyone directly or indirectly employed by Contractor.
Modification & Assyrnment. County may unilaterally change, at no additional cost, the quantity and receiving point within the County for items not yet shipped. All other items must
be mutually agreed upon in writing. County is not required to pay for defective items, backorders, late deliveries, those quantities exceeding the PO or MA quantity, or Items
shipped at a higher price than stated on the PO or MA. Neither this PO or MA nor any interest herein shall be assigned, transferred, or encumbered by Provider except as
authorized in writing by the County.
Notices. All notices given by one party to the other party under this PO or MA shall be delivered to the receiving parry's address set forth on this PO either by hand, qualified
courier, or e-mail and shall be deemed received the day after it is transmitted. For the County, it shall be addressed to the Purchasing and Contracts Department, 123 West
Indiana Avenue, 3ro Floor, Deland, Florida, 32720 or purchasing@volusia.org
No Waiver. Except as expressly set forth herein, no failure or delay on the part of County in exercising any right, power, or remedy hereunder shall operate as or be deemed a
waiver thereof, nor shall any single or partial exemise of any right, power, or remedy preclude any other or further exercise thereof, or the exercise of any other right, power, or
remedy.
Order of Precedence. In the event of conflict between this PO or a Master Agreement (MA), the originating Volusia County contract and amendments thereto shall be controlling.
This control shall pertain to all specifications and scopes ofwork included in the originating Volusia County contract and any amendments thereto.
Payment. Except for construction services, which shall be paid pursuant to the Florida Prompt Payment Act, County shall pay Provider within 45 (forty-five) days after receipt of an
accurate and undisputed invoice, unless the County accepts a prompt payment discount from Provider and the goods or services are not defective. Invoice, packing slip, delivery
receipt, order acknowledgement, and correspondence shall clearly indicate the PO or MA number. Any additional or different terms and conditions on Providers documents shall
be considered null and void. The County may deduct amounts it is due from Providers payment or not pay disputed invoices until such dispute is resolved. Nothing in this PO or
MA shall create any obligation on the part of the County to pay directly to any subcontractor of Provider any monies due to such subcontractor or claims of such subcontractor for
amounts owed by Provider to subcontractor for goods or services provided under this PO or MA.
Sovere�'an Immuni�r_ The County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding
anything set forth in any section of the Agreement, Master Agreement, and/ or this Purchase Order to the contrary, nothing in any such documents shall be deemed as a waiver of
immunity or the limitations of liability of the County beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida
Legislature, and the cap on the amount and liability of the County for damages regardless of the number or nature of claims In ton, equity, or contract shall not exceed the dollar
amount set by the legislature for tort. Nothing in the Agreement, Master Agreement, or this Purchase Order shall inure to the benefit of any third party for the purpose of allowing
any claim against the County, which would otherwise be barred under the doctrine of sovereign Immunity or by operation of law.
Taxes. County is exempt from Manufacturers' Federal Excise Tax (Exern ionk 49-6000-885) and Florida sales tax (Exemption# 85-8012622393C-9). Certificates are available at
wi w volusia.org/purchasing. After accessing the foregoing website, select, "Doing Business with Volusia Counbf and "Consumer Certificate of Tax Exemption' from the available
menu screens to see a copy of the certificates.
Termination for Gnnvenienre. The County may cancel the PO or MA in whole or part when it is in the best interest of the County with thirty (30) days notice.
UCC. In addition to any rights or remedies contained in this P.O., each parry shall have rights, duties, and remedies available through the Uniform Commercial Code (UCC).
Warranty. Provider warrants that all Work or Services performed under this PO or MA shall be performed in a good and competent workmanlike manner to the satisfaction of the
County, and materials shall be of good quality (unless otherwise staled on PO or MA), and free from defects and pursuant to specifications and requirements of the contract
related to this PO or MA.
Volusia County Purchasing & Contracts Division (Rev 07-01-2023)
Pricing Sheet - 23-8.128HO
ITB: Poly Drainage Products and Repair Systems
Bidders are not required to complete all fields to be
considered responsive. The County reserves the right to
award to one or multiple bidders for one or multiple
Items as deemed In the best Interest of the County.
Exhibit B
High Density Polyethylene (HDPE) Class -if Pipe &
Fittings
UNIT
6" din
8" dia
10" dia
12" din
15" din
18" din
24" dia
30" dia
36" dia
42" din
48" dia
60" dia
Perforated Pipe -NO Fabric
flivcred
rck-u (s ecifvlocationbelow)
LF
LF
S5.23
$5.23
9.75
14.75
S14.25
S14.25
S15.85
S15.85
S22.10
S22.10
$29.71
$29.71
S49.76
S49.76
x
x
x
x
x
x
x
x
x
x
Nonperforated Pipe - NO Fabric
Delivered
Pick-up (specify location below)
LF
LF
S4.97
S4.97
S925
S9.25
S13Sj
Si...
$15.06
S15.06
S20.98
S20.98
$2824
S28.24
S4726
S47.26
$67.84
$67.84
$90.25
$80.25
$103.38
S103.38
$131.89
S131.89
$231.37
$231.37
Perforated Pipe - with Fabric
Delivered
Pick-up (s ecifvlocationbelow)
LF
LF
S5.26
S5.26
S10.26
SI0.26
S14.93
$14.93
$16.76
S16.76
S23.14
S23.14
$31.29
S31.28
S51.78
S51.78
x
x
x
x
x
x
x
x
x
x
Nonperforated Coupling
pfaiver� j
Pick -tip (specify location below)
EA
EA
SI1.03
SI 1.03
S15.08
S15.08
S20.76
$20.76
S23.42
$23.42
S39.01
S39,01
S66.48
S66.48
S93.75
S93.75
x
x
x
x
x
x
x
x
x
x
Casket Coupling
pjlivered
Pick -tip (specify location below)
EA
EA
$36.76
$36.76
S55.88
S55.88
$73.43
$73.43
S191.44
S191.44
S293.58
$293.58
S500.00
S500.00
$759.11
S759.11
x
x
x
x
x
x
x
x
x
x
45° Elbows
pflivered
Pick-up(specify location below)
EA
EA
{ V
R.82
S95.58
S95.58
S163.78
S163.78
S219.75
S219.75
$550.64
$550.64
S729,00
S729.00
$1.239.00
$1.239.00
�r 9 .00
2.�47.00
S3.118.00
S3,418.00
$5,J83.00
S5.183.00
S6,120.00
-6.120.00
S12,209.00
S12.209.00
90° Elbows
��Ijvere�
ckk-up (specifv location below)
EA
EA
S58.82
$58.82
S95.58
S95.58
S188.37
S188.37
S251.14
S25L14
$638.33
S638.33
S812.25
S812.25
J{H 44�
T 6
S2,817.79
S2,R17.79
153.37
.153.37
SS` 69.29
S5,G�9.29
S6^^ QQ9.58
S6,j04.58
S�
S12.525.70 1
Polwinyl-Chloride (PVC) Pipe & Fittings
A-2000
UNIT
6" dia
8" din
10" dia
12" dia
15" dla
18" dia
24" dia
30" dia
36" dia
Perforated Pipe
Delivered
Pick-up (specify location below)
LF
LF
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Non erforated Pipe
Delivered
Pick-up (specify location below)
LF
LF
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Coupler with Center Stop
Delivered
Pick-up (specify location below)
EA
EA
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
22° Elbows
���)yert;�
tek-u (s ecif y location below)
EA
EA
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
45° Elbows
Delivered
Pick-up (specify location below)
EA
EA
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
90" Elbows
Delivered
Pick-up (specify location below)
EA
EA
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Socks
ROver5
ck-up Ispecifv location below)
LF X
LF I X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X 1
PVC size chart: 4" to 10" = 12.5' length: 12" to 36" = 22' length
Polypropylene (PP) Class-11 UNIT
High Performance Pipe & Fittin s 12" dia 15" dia I8" dia 24" dia 30" dia 36" d►a 42" dia 48" dia 60" dia
Perforated Pipe
jJjyerEd
lte. (s ecif • location below)
LF
LF
$21.91
S21.91
S26.89
S26.89
S32.01
S32.01
S53.00
S53.00
S88.15
WAS
X
X
X
X
x
X
X
X
Noniterforated Pipe
F�r
lek-uve� s ecifylocationbelow
LF
LF
$20.82
$20.92
S25.55
S25.55
$30.41
$30.41
$50.34
$50.34
S79.03
S79.03
S87.44
$87.44
$112.32
$112.32
$158.14
S159.14
S232.02
$232.02
Coupler with Center Stop
Delivered
Pick-up (specify location below)
EA
FA
S191.44
S191.44
S283.58
S283.58
S500.00
S50(1.00
$759.11
S759.11
%
X
\
X
X
X
X
X
x
X
22" Mows
�jr"red
Pick-u (s eclfy location below')
EA
EA
S469.62
Sf69.62
S798.29
S798.19
S968.12
S968.12
Sff ``22.96
S1,7�.96
\Q35.50
-b35.50
$2.175.65
S2,175.65
$2,661.20
$2,661.20
S3112ii.39
S3,117.39
��Q
5,362.35
45° Elbo%i
Delivered
Pick-up (specify location below)
EA
EA
S219.75
5219.75
S770.89
5770.R9
S)Q20.60
�(.020.60
$1734.67
S�734.67
940.65
�440.65
S2.523.25
$2.523.25
S `117.68
N� :7.6g
Srq; ��,5j7`.87
S4.2R 7
$7`Q45.98
$7,045.99
90° Elbo"s
Delivered
Pick-uplfpcclfylocation bclow)
EA
EA
S251.14
S251.14
S894.35
S894.35
S1.141.37
51.141.37
SI,R56.79
SI,R56.79
Sa //56
3. 3.56
$3.997.76
$3.997.76
50
t 150
Sj 598
S7. 5.98
Sit 00
SI1, r00
'I,F- Unear root
Pick-up location/address:_3470 Bobby Lee Point, Sanford FI 32771
Vendor Name: _Ferguson Enterprises LLC- DBA Ferguson
SEBASTIAN
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CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: April 10, 2024
Agenda Item Title: Approval to piggyback Volusia County, Florida's contract with Ferguson
Enterprises, LLC for Poly Drainage Products and Repair Systems and
authorization for the City Manager to execute the piggyback agreement.
Recommendation: Staff recommends approval by City Council to piggyback Volusia County's
contract with Ferguson Enterprises, LLC for the initial term of September 11, 2023 to September 10, 2026
and authorization for the City Manager to execute the piggyback agreement.
Background: Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10
grant the City authority to piggyback the purchase of goods and services as a form of inter -governmental
cooperative purchasing. In cooperative purchasing, public purchaser requests competitive sealed bids, enters
into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the
selected vendor under the same terms and conditions. This allows smaller agencies to take advantage of the
better pricing that large purchasers are able to obtain and reduce administrative time and costs involved in the
procurement process (i.e., cost of preparing bid specifications, advertising, etc.)
Staff is requesting approval to piggyback with Ferguson Enterprises, LLC for high -density polyethylene,
or HDPE, pipe. Currently, staff obtains quotes from at least three competitors for their purchase of HDPE
pipe. These pipes are utilized for road crossings, catch basin attachments, and driveway culvert
pipes. Piggybacking with Ferguson Enterprises, LLC will allow for a quicker purchase and delivery of
materials and consistent pricing for all purchases. HDPE pipe, which is reliant on natural gas, has
significant fluctuations in price.
If Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: TBD
Total Cost: TBD
Funds to Be Utilized for Appropriation: Stormwater Utility Fund
Attachments:
1. R-24-21 Resolution to Award Ferguson Enterprises
2. Exhibit A -Exhibit A Volusia Master Agreement 750 4157 - 1
3. Exhibit B - Ferguson Enterprises, LLC Piggyback Agreement
Administrative Services Department
City Attorney
Procurement Divialftview, if applicable:
City Mana er Authorization: /! `r /
Date: 3holy T