HomeMy WebLinkAboutRevere Control Systems, Inc. Piggyback Rider City of Sunrise.pdfPIGGYBACK RIDER — Revere Control Systems, Inc.
THIS "PIGGYBACK" RIDER AGREEMENT ("Agreement') is made and entered into this 2$*
day of September, 2021, between the CITY OF WINTER SPRINGS, a Florida municipal corporation
("City") and Revere Control Systems, Inc., an Alabama corporation authorized transact business in the
State of Florida, with principal offices located at 2240 Rocky Ridge Road, Birmingham, Alabama 35216,
("Contractor"). The City and the Contractor agree as follows:
1. The Purchasing Policies of the City of Winter Springs allow 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
Contractor has entered into a contract with the City of Sunrise, Florida, said contract being identified as:
Standard Contract No. C 18-32-06-HR Between the City of Sunrise, Florida and Revere Control
Systems. Inc., dated March 29, 2019 (said original contract being referred to as the "Original
Government Contract").
2. The Original Government Contract, including all associated Contract Documents and
Exhibits and Attachments as defined in the Original Government Contract, is incorporated herein by
reference and is attached as Exhibit "1" to this Agreement. All of the terms and conditions set forth in
the Original Government Contract (Exhibit "1") are fully binding on the parties and said terms and
conditions are incorporated herein except to the extent expressly modified herein.
3. Notwithstanding the requirements that the Original Government Contract is fully
binding on the parties, the parties have agreed to modify certain provisions of the Original Government
Contract as applied to this Agreement between the Contractor and the City of Winter Springs, as
follows:
a) Notwithstanding anything in Exhibit "1" to the contrary, the following terms shall be
substituted throughout the Original Government Contract: City of Sunrise = City of Winter Springs. All
references to the City Manager shall = City of Winter Spring's City Manager.
b) Notwithstanding anything in Exhibit "1" to the contrary, specifically Section 3 of the
Original Government Contract, the term of this Agreement with the City of Winter Springs shall take
effect on the date of its execution of the City and Contractor and continue for the duration of the
Original Government Contract, including any of the additional executed one (1) year terms by the City of
Sunrise and Contractor, or until all outstanding Purchase Order(s) issued prior to the expiration of the
Agreement have been completed or terminated. .
c) Section 1 — Services — Section 1 of the Original Government Contract shall be amended
to provide that the City's representative during the performance of this Agreement shall be the City
Manager or his or her designee.
d) Section 2 — Payments— Section 2 of the Original Government Contract shall be amended
to provide that Invoices shall be submitted, referencing this contract and any Task Order to:
City of Winter Springs
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City of Winter Springs and Revere Control Systems, Inc.
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Finance Department
1126 East State Road 434
Winter Springs, FL 32708
e) Section 6 — Insurance — Section 6 of the Original Government Contract shall be amended
to require that Certificate Holder address shall read:
City of Winter Springs
Attn: Finance Department
1126 East State Road 434
Winter Springs, FL 32708
f) Section 11 - Indemnification — shall be amended to additionally require that, for
purposes of Contractor's indemnification obligation only, Contractor shall indemnify the City for claims
made by the employees of Contractor against the City, and Contractor hereby waives its entitlement, if
any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually
negotiated by the parties.
g) Section 15 — Governing Law/Jurisdiction/Venue - Section 15 of the Original Government
Contract shall be amended to provide that venue for any action arising out of or relating to this contract
shall lie in Seminole County for state court actions and Orlando, Florida for federal court actions.
h) Section 23 — Notices - Section 23 of the Original Government Contract shall be amended
to provide that Notices to the City/Contractor shall be delivered to:
City Manager
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, FL 32708
Revere Control Systems, Inc.
Attn:
2240 Rocky Ridge Road
Birmingham, AL 35216
Any Notice given as provided herein shall be deemed received as follows: if delivered by
personal service, on the date so delivered; if delivered to an overnight courier service, on the business
day immediately following delivery to such service; and if mailed, on the third business day after mailing.
i) Section 25 — Public Records - is amended to additionally require that if Contractor fails
to comply with this Section, and the City must enforce this Article, or the City suffers a third party award
of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Contractor's failure
to comply with this Section, the City shall collect from Contractor prevailing party attorney's fees and
costs, and any damages incurred by the City, for enforcing this Section against Contractor. And, if
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City of Winter Springs and Revere Control Systems, Inc.
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applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the
City had to pay a third party because of the Contractor's failure to comply with this Article.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT: City Clerk, City of Winter Springs, 1126 East State Road 434,
Winter Springs, FL 327DS or City-Clerk-Department@wintersprin-gsfl.org or (407) 327-6S60.
j) Section 29 — Order of Precedence — The order of precedence will be this Piggyback
Rider, the Original Government Contract, Original RFP, and Contractor's Proposal.
k) E-Verify Registration and Use — A new Section is added to the Original Government
Contract as follows:
A. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, Contractor shall register
with and use the U.S. Department of Homeland Security's E-Verify system, httys://e-
verify.uscis.gov/emp to verify the work authorization status of all employees hired on and after January
1, 2021.
B. Subcontractors
(i) Contractor shall also require all subcontractors performing work under this
Agreement to use the E-Verify system for any employees they may hire during the term of this
Agreement.
(ii) Contractor shall obtain from all such subcontractors an affidavit stating the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as
defined in section 448.095, Florida Statutes.
(iii) Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt
and shall maintain a copy for the duration of the Agreement.
C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence
shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021
have had their work authorization status verified through the E-Verify system and a copy of their proof
of registration in the E-Verify system.
D. Failure to comply with this provision is a material breach of the Agreement, and shall result in the
immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all
costs incurred by the City securing a replacement Agreement, including but not limited to, any increased
costs for the same services, any costs due to delay, and rebidding costs, if applicable.
1) Sovereign Immunity — A new Section is hereby added to the Original Government
Contract as follows:
The City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes
and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor
any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign
immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law. Contractor agrees that City shall not be liable under this Agreement
for punitive damages or interest for the period before judgment. Further, City shall not be liable for any
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claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars
($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or
judgments paid by the State or its agencies and subdivisions arising out of the same incident or
occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is
intended to inure to the benefit of any third party for the purpose of allowing any claim which would
otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph
shall survive termination of this Agreement.
m) Scope of Services - is amended to provide that the sites to be serviced under this
contract include but are not limited to: potable water wells, potable water treatment plants, lift/pump
stations, wastewater plants, reclaimed water treatment plants, water/reclaimed water pumping
stations, and effluent disposal sites. ("Winter Springs City Facilities"). Contractor and City agree that the
details included in the original Request for Proposal issued by the City of Sunrise regarding the types of
Facilities, technology components, equipment and software currently in place at the City of Sunrise
utilities plants are of a similar type and nature to those Facilities, technology components, equipment
and software used at the Winter Springs City Facilities.
IN WITNESS WHEREOF, authorized representatives of the CITY and the CONTRACTOR have
executed this Piggyback Rider to the Original Government Contract on the day and year below noted:
CITY:
Revere Control Systems, Inc.
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ATTEST: Date: 4 J I? 1A OQ I
Christian Gowan, City Clerk
Piggyback Rider
City of Winter Springs and Revere Control Systems, Inc.
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FINANCE & ADMIN. SERVICES DEPARTMENT
Purchasing Division
Phone., 954-572-2274
Fax: 954-578-4809
April 11, 2025
Ms. Nan Johnson, Vice President
Revere Control Systems
5201 Princeton Way
Hoover AL 35226
CITY OF
BJSE
F L O R I D A
Sent via Email: niohnson(4xeverecontrol.com
Subject: Month -to -month extension - - UP 18-07-06-HR 1 SCADA Services,
Contract C 18-32-06-HR, Resolution No. 19-47,
Munis Contract No. 2019000161
Dear Ms. Johnson:
The initial term of the above referenced will expire April 30, 2025. As stated in Section 3 of
Contract C 18-32-06-HR, the Contractor shall continue the services, if requested by the City,
until new services can be completely operational for a period not to exceed six (6) months
subject to the same terms and conditions set forth in the initial Contract. The Contractor will
be reimbursed for this service at the rate in effect when this transitional period clause is
invoked by the City. Please confirm your firm can extend the Contract on a month -to -month
basis for a period not to exceed six (6) months.
The prices shall be firm in accordance with your current Contracted rates.
Please sign, date and return this acknowledgement via Email to: hraphaelson(i;sunrisefl.gov.
Best Regards,
L4 Cq--� 4
Holly Raphaeison, C.P.M., CPPO, CPSM, NIGP-CPP,
Purchasing Specialist
We hereby acknowledge that the above referenced contract is extended on a month -to -month
basis for a period not to exceed six (6) months, from May 1, 2025 through October 31, 2025.
Signature: 4"`-. CPA Date
Nan JohnsA, Vice President
All tt I XDaS
10770 West Oakland Park Boulevard, Sunrise, FL 33351