AMENDMENT NO. 1 TO BLANKET PURCHASE ORDER AGREEMENT NO. P1800618 FOR TELEMETRY EQUIPMENT REPLACEMENT AND REPAIRS
This Amendment No. 1 to Blanket Purchase Order Agreement No. P1800618 (hereinafter Amendment) is made as of this 10th day of November, 2020 (hereinafter Effective Date) between Manatee County, a political subdivision of the State of Florida, with its principal place of business located at 0000 Xxxxxxx Xxxxxx Xxxx, Xxxxxxxxx, XX 00000 (hereinafter County) and Data Flow Systems, Inc (DFS). a Florida corporation, whose address is 000 X. Xxxx Xxxxx Xxxx., Xxxxxxxxx, XX 00000, (hereinafter Supplier).
WHEREAS, on December 20, 2017, the County entered into a Blanket Purchase Order Agreement with Supplier to provide telemetry equipment replacement and repair services (Agreement); and
WHEREAS, on October 16, 2018, change order number 1 was issued to incorporate a current price list; and
WHEREAS, on August 12, 2020, change order number 2 was issued to incorporate a revised price list effective July 30, 2020; and
WHEREAS, the County has determined the need to extend the Agreement and increase the aggregate total not-to-exceed amount; and
WHEREAS, Supplier agrees to continue to provide replacement and repairs to the County in accordance with the terms and conditions of the Agreement.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and for other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows:
The above recitals are true and correct and are incorporated herein by reference.
This Amendment No. 1 extends the Agreement through February 5, 2023.
1. Supplemental Terms and Conditions
The terms and conditions of the Agreement are hereby modified or supplemented as follows:
a. Dollar Amount. This Agreement shall be in full force and effect on the Effective Date for an aggregate Agreement total not-to-exceed amount of One Million Five Hundred Thousand Dollars and Zero Cents ($1,500,000.00).
b. Amendment or Waiver. No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is
in writing and contains the signature of an authorized representative of the party against whom it is sought to be enforced. Either party’s failure to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision or rights, or affect the validity of this Agreement.
c. Public Records. Pursuant to Florida Statutes § 119.0701, to the extent Supplier is performing services on behalf of the County, Supplier shall:
i. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform this service.
ii. Upon request from the County’s custodian of public records, provide the custodian 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.
iii. Ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement and following completion of the Agreement if Supplier does not transfer the records to the public agency.
iv. Upon completion of the Agreement, transfer, at no cost, to the County all public records in possession of the Supplier or keep and maintain public records required by the County to perform the service. If Supplier transfers all public records to the County upon completion of the Agreement, Supplier shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Supplier keeps and maintains public records upon completion of the Agreement, Supplier shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County.
IF SUPPLIER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THEIR DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
By email: Xxxxxx.Xxxxxxxxxxx@xxxxxxxxx.xxx By phone: 000.000.0000
Mail or hand delivery:
Attn: Records Manager 0000 Xxxxxxx Xxxxxx Xxxx Xxxxxxxxx, XX 00000
d. Notices. Every notice, comment, consents, objections, waivers or any communication given under this Agreement shall be in writing and shall be given only by hand delivery
for which a receipt is obtained, or certified mail, prepaid with confirmation of delivery requested, or by electronic mail with delivery confirmation. All such communications shall be addressed to the applicable addressees set forth below or as any party may otherwise designate in the manner prescribed herein.
For County: Manatee County Government
0000 Xxxxxxx Xxxxxx Xxxx Xxxxxxxxx, XX 00000
Attention: Utilities Superintendent, Lift Station Division Tel: 000-000-0000 x0000
For Supplier: Data Flow Systems, Inc.
000 X. Xxxx Xxxxx Xxxx Xxxxxxxxx, XX 00000
Every notice, comment, consents, objections, waivers or any communication shall be deemed given when received by the party for whom such communication is intended at such address herein specified, or such other physical address or email address as such party may have substituted by notice to the other.
2. The Agreement
The Agreement and Amendment No. 1 represent the entire understanding between the Parties.
3. Terms and Conditions
Except as otherwise stated herein, the terms and conditions of the Initial Agreement shall constitute the terms and conditions of this Agreement. A true and correct copy of the Initial Agreement is hereby incorporated by this reference.