Okaloosa County BOCC — November 17, 2015 — proposed Contract — reading text

Fort Bend Services, Inc. Water & Waste Treatment Specialists POLYMER CONTRACT AGREEMENT BETWEEN COUNTY OF OKALOOSA AND FORT BEND SERVICES, INC This Agreement entered into this day of ,201__, by and between the Okaloosa County, Florida (hereinafter referred to as “COUNTY”), whose principal address is 1250 Eglin Parkway, Shalimar, FL, 32579, and Fort Bend Services, Inc.(hereinafter referred to as “CONTRACTOR?”), whose principal address is 13303 Redfish, Stafford, TX, 77477. The Parties, in exchange for the mutual covenants contained herein agree as follows: 1. Pricing for the FBS C1282 is as follows: 2300# Net Totes $1.25 per pound $2,875.00 per Tote F.O.B.: Delivered (7-10 business days delivery) 2. The term of the Agreement is for a period of five (5) years from January 16, 2016 through January 16, 2021. As long as there is no price increase to Fort Bend Services, Inc. from the manufacturer. 3. For good and valuable consideration the sufficiency is acknowledged by all parties, the Contractor agrees to provide the scope of services as set forth in the attachment hereto. 4. Upon mutual agreement, contract may be extended for two (2) additional two- year periods and one (1) additional one-year period. Any renewal must be in writing, executed by both parties. 5. No price adjustments may be made during the first twelve (12) months of the contract. Contractor may submit a request for contract price increase once annually for each renewal year. Economic increases shall be limited to the increase specified in the Bureau of Labor Statistics Producers Price Index-Seasonally Adjusted (PPI-SA) for Chemicals and Allied Products, for the 12 month period ending September 30, of the current contract year. Contractor must submit back up paper work to substantiate any claims for price increases at the time the contract is extended. 6. The following documents are incorporated by reference into this Agreement and are attached hereto: a. Terms Agreement; b. Scope of Work for Contract between County and Fort Bend Services 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and the parties stipulate that venue shall be in Okaloosa County, Florida. office: 281.261.5199 & toll free: 800.933.3678 & fax: 281.261.2295 office: 13303 Redfish, Stafford, TX 77477 & mailing: PO Box 1688, Stafford, TX 77497 www.fortbendservices.com Fort Bend Services, Inc. Water & Waste Treatment Specialists 10/27/2015 8. Contractor shall allow public access to all documents, records and other materials, subject to the provisions of Chapter 119, Florida Statutes, prepared or received by Contractor in Conjunction with this Agreement. 9. Contractor may not assign its interest in this Agreement without the express written consent of the County, which will not be unreasonably withheld. 10. This Agreement and Attachments as incorporated herein, contain the entire agreement between the parties and supersedes all prior oral or written agreements. Contractor acknowledges that it has not relied upon any statement, representation, prior or contemporaneous written or oral promises, agreements or warranties, except such as are expressed herein. The terms and conditions of this Agreement can only be amended in writing up mutual agreement of the parties and signed by both parties. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of the County to enforce any of the provisions hereof shall not be construed to be a waiver of the right of the County thereafter to enforce such provisions. 11. If any term or condition of this Agreement shall be deemed, by a court having appropriate jurisdiction, invalid or unenforceable, the remainder of the terms and conditions of this Agreement shall remain in full force and effect. This Agreement shall not be more strictly construed against either party hereto by reason of the fact that one party may have drafted or prepared any or all the terms and provisions hereof. 12. Contractor enters into this Agreement as, and shall continue to be, an independent contractor. All services shall be performed only by Contractor and Contractor’s employees. Under no circumstances shall Contractor or any of Contractor’s employees look to the County as his/her employer, or as partner, agent or principal. Neither Contractor nor any of Contractor’s employees shall be entitled to any benefits accorded to the County’s employees, including without limitation worker’s compensation, disability insurance, vacation or sick pay. Contractor shall be responsible for providing, as Contractor’s expense, and in Contractor’s name, unemployment, disability, worker’s compensation and other insurance as well as licenses and permits usual and necessary for conducting the services to be provided under the Agreement. 13. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. Page 2 of 3 Fort Bend Services, Inc. Water & Waste Treatment Specialists 10/27/2015 IN WITNESS WHEREOF, the parties hereto have made and executed this agreement for the purposes herein expressed on the dates set forth below: OKALOOSA COUNTY, FLORIDA FORT BEND SERVICES, INC. BY: DATE Page 3 of 3 FBS., Fort Bend Services, Inc. Water & Waste Treatment Specialists FORT BEND SERVICES, INC. 13303 REDFISH LANE * STAFFORD, TX 77477 (281) 261-5199 * FAX (281) 261-2295 TERMS AGREEMENT The undersigned (‘Purchaser’) agrees that all purchases made by Purchaser from FORT BEND SERVICES, INC. and affiliated entities (‘Seller’) are subject to the following terms and conditions. 1. Company Name: All amounts due for goods and services purchased from Selier are payable at the Seller's Post Office Box 1688, Stafford, Texas 77497-1688. Purchaser acknowledges that such amounts are not payable in installments, but are payable in full in United State Funds as states herein. All amounts due Seller are payable in accordance with the payment terms granted by Seller Credit Department from which the goods and services are delivered. If any amount due Seller is not paid in accordance with such payment terms, a delinguency charge shall be added to the sum due, which charge shall equal the amount obtained by multiplying the delinquent balance by Lesser of (a) one and one half percent (1.1/2%) per month or (b) the maximum Lawful rate permitted to be charged under the applicable State’s law. Purchaser shall pay Seller a service charge of $45.00 for any and all returned checks by Sellers bank for any reason. Purchaser understands that an individual credit report and/or Personal Guaranty may he required for extension of credit. In the event the account is turned over to an attorney or other agency for collection, or suit is brought on same, or the same is collected through any Judicial proceeding whatsoever, Purchaser shall pay all reasonable attorney's fee and court costs incurred by Seller. Purchaser shall notify Seller by certified mail of any change of ownership of Purchaser. Purchaser warrants to Seller that all financial information furnished for the purpose of obtaining credit is true, correct and compiete in alil material respects, and Purchaser authorizes Seller to investigate all references furnished pertaining to the credit and financial responsibility of the Purchaser. Terms - Net 30 Days. Printed Name: Title: Signature: Date: office: 281.261.5199 + toll free: 800.933.3678 » fax: 281.261.2295 office: 13303 Redfish, Stafford, TX 77477 & mailing: PO Box 1688, Stafford, TX 77497 www fortbendservices.com