Piggyback Contract form Abbreviated (2)Thomas F. Pepe – 7-16-14
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CONTRACT
THIS AGREEMENT made and entered into this ____ day of June, 2015, by and
between the City of South Miami, a Florida municipal Corporation by and through its City
Manager (hereinafter referred to as “City”) and Mansfield Oil Company of Gainesville Inc.
WITNESSETH:
,
(hereinafter referred to as “Contractor”).
WHEREAS, the “Miami-Dade County” solicited bids, pursuant to ITQ No. 6-2015
and Contract No. 3143-9/18, for Gasoline and Diesel Fuel
WHEREAS, the
; and
Miami-Dade County
WHEREAS, the City of South Miami desires to utilize the
, after completing a competitive bidding
process, awarded a contract to Contractor, and
Miami-Dade County
NOW, THEREFORE, the City and the Contractor, each through their authorized
representative/official, agree as follows:
Contract and pursuant to authority of the City of South Miami’s Charter.
1. The City desires to enter into a Contract, under the same terms and
conditions as set forth in the solicitation and the agreement between Miami-Dade County
and Contractor, pursuant ITQ No. 6-2015 and Contract No. 3143-9/18
2. The City has reviewed the contract and agrees to the terms and conditions and
further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to
provide such services under the same price(s), terms and conditions as found in the
solicitation documents and the response to the solicitation, pertinent copies of which are
attached hereto as Attachment A, &B and made a part hereof by reference, and the
agreement and/or the award between
for the 2014/2015
fiscal year and for the balance of the term of the contract, provided the City approves of the
extension of the contract at a public hearing.
Miami-Dade County and Contractor, pursuant ITQ
No. 6-2015 and Contract No. 3143-9/18
3. All references in the contract between
, a copy of which, including any amendments and
addendums thereto, is attached hereto and made a part hereof by reference.
Miami-Dade County and Contractor,
shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami.
All decisions that are to be made on behalf of the County, as set forth in the Miami-Dade
County’s ITQ No. 6-2015 and Contract No. 3143-9/18 and its agreement with Contractor,
shall be made by the City Manager for the City of South Miami. The term of the contract,
including all extensions authorized by the contract shall not exceed five years.
Notwithstanding anything contained in the ITQ No. 6-2015 and Contract No. 3143-9/18
etc. or the Miami-Dade County
4. Public Records: Contractor and all of its subcontractors are required to
comply with the public records law (s.119.0701) while providing goods and/or Services on
contract to the contrary, this agreement shall be governed
by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be
in Miami-Dade County, Florida.
Thomas F. Pepe – 7-16-14
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behalf of the CITY and the Contractor, under such conditions, shall incorporate this
paragraph in all of its subcontracts for this Project.
5. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily
and intentionally waive any right either may have to a trial by jury in State or Federal Court
proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the
Contract Documents or the performance of the Work thereunder.
6. Validity of Executed Copies: This agreement may be executed in several
counterparts, each of which may be construed as an original.
7. Attorneys’ Fees and Costs: In the event of any litigation between the parties
arising out of or relating in any way to this Agreement or a breach thereof, each party shall
bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right
to be indemnified for any attorney fees incurred in the defense of an action by a person or
entity who is not a party to this Agreement.
8. Severability: If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to persons or
circumstances other than those to which it is held invalid or unenforceable, shall not be
affected thereby and each term and provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned
representatives of the parties hereto have caused this instrument to be signed in their respective
names by their proper officials on or before the day and year first above written.
Mansfield Oil Company of Gainesville, Inc.
By:________________________
________________________
(type name and title of signatory above)
ATTEST: CITY OF SOUTH MIAMI
By: ____________________________ ____ By: _________________________
Maria M. Menendez, CMC Steven Alexander
City Clerk City Manager
Read and Approved as to Form,
Language, Legality and Execution
Thereof
By: _____________
Thomas F. Pepe
City Attorney