Contract 2020-054A#2020-54-A
AGREEMENT NO. FOR
PICNIC TABLES
THIS AGREEMENT, is made and entered into this day ofL�UEj c
2020, by and between the CITY OF CLERMONT, FLORIDA, a municipd corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "CITY"), and RECREATION TODAY OF IDAHO,
LLC., whose address is: 2414 E. Railroad Street, Nampa, ID 83687, (hereinafter referred
to as "CONTRACTOR").
WHEREAS, the City of Clermont issue RFB 20-030 titled Picnic Tables Re -Bid;
WHEREAS, CONTRACTOR submitted its response dated July 6, 2020 to RFB 20-030;
WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the
terms and conditions of RFB 20-030 and CONTRACTOR's response thereto;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — SCOPE OF WORK
The CONTRACTOR shall furnish picnic tables as described in CITY's RFB 20-030 and
CONTRACTOR's July 16, 2020 response thereto, which are expressly incorporated herein
and made a part of the Agreement Documents hereto and shall do everything required by
this Agreement and the Agreement Documents. Provided, however, that nothing herein
shall require CITY to purchase or acquire any items or services from CONTRACTOR.
ARTICLE II — THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth
in the Agreement Documents and the Unit Price Schedule an amount in accordance with
the compensation schedule set forth in Exhibit "A", attached hereto and incorporated
herein.
ARTICLE III — PROVISION OF SERVICES AND COMPLETION OF WORK
The CONTRACTOR shall only provide to CITY picnic tables upon receipt of an
authorized order from CITY and shall provide the requested items in the timeframe
and as set forth in RFB No.: 20-030 or in the specific purchase order or authorized
order submitted by CITY. Nothing herein shall obligate CITY to purchase any
specific amount of product from CONTRACTOR or create an exclusive purchase
agreement between CITY and CONTRACTOR. CITY shall not be obligated or
required to pay for any items received until such time as CITY has accepted the
items in accordance with the order provided to CONTRACTOR.
2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify
CITY if it has an issue or question related to the fulfillment of the order or whether
there will be any delay in providing the items requested. Failure of
CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking
payment of any kind for any items that were delayed in delivery. Upon receipt of
notification of the delay, CITY may at its sole option cancel the order and seek the
items from any available source.
3. It is expressly understood and agreed that the passing, approval and/or acceptance
of any picnic tables herein by CITY or by any agent or representative as in
compliance with the terms of this Contract shall not operate as a waiver by the
CITY of strict compliance with the terms of this Contract and the CITY may require
the CONTRACTOR replace the accepted picnic tables so as to comply with the
warranties and specifications hereof.
4. COMPANY specifically acknowledges that this Contract does not bind or obligate
CITY to purchase any minimum quantity of product during the term hereof.
ARTICLE IV — TERM AND TERMINATION
This Agreement is to become effective upon execution by both parties, and shall
remain in effect for a period of two (2) years thereafter, unless terminated or
renewed as provided for herein.
2. Notwithstanding any other provision of this Agreement, CITY may, upon written
notice to CONTRACTOR, terminate this Agreement: a) without cause and for
CITY's convenience upon thirty (30) days written notice to CONTRACTOR; b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with
any of the conditions of provisions of this Agreement; or e) CONTRACTOR is
experiencing a labor dispute, which threatens to have a substantial, adverse impact
upon the performance of this Agreement, without prejudice to any other right or
remedy CITY may have under this Agreement. In the event of such termination,
CITY shall be liable only for the payment of all unpaid charges, determined in
accordance with the provisions of this Agreement, for work, properly performed
and accepted prior to the effective date of termination.
3. Upon mutual Agreement of the parties, this Agreement may be renewed for four
(4) additional one (1) year terms. Sixty (60) days prior to completion of each
extended term of this Agreement, CONTRACTOR may request and the City may
consider an adjustment to price based on changes in the Producer Price Index (PPI).
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ARTICLE V — PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery of products to CITY as set forth in the applicable purchase order. CITY shall
make payment to the CONTRACTOR for all accepted deliveries and undisputed products
delivered and services provided, within thirty (30) calendar days of receipt of the invoice.
ARTICLE VI — DISPUTE RESOLUTION - MEDIATION
Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance — The CONTRACTOR shall take out and
maintain during the life of this Agreement, Worker's Compensation Insurance for
all its employees connected with the work of this Project and, in case any work is
sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to
provide Worker's Compensation Insurance for all of the subCONTRACTOR
employees unless such employees are covered by the protection afforded by the
CONTRACTOR. Such insurance shall comply with the Florida Worker's
Compensation Law. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Commercial General Liability Insurance — The
CONTRACTOR shall take out and maintain during the life of this Agreement,
Commercial General Liability and Business Automobile Liability Insurance as
shall protect it from claims for damage for personal injury, including accidental
death, as well as claims for property damages which may arise from operating under
this Agreement whether such operations are by itself or by anyone directly or
indirectly employed by it, and the amount of such insurance shall be as follows:
(a) CONTRACTOR's Commercial General Liability, $500,000 Each,
($1,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, &
Property Damage Combined Single Limit
(b) Automobile Liability Coverages, $500,000 Each, Bodily Injury & Property
Damage Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall
be amended to provide coverage on an occurrence basis.
3. Indemnification Rider
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify
and hold harmless the CITY and its employees from and against all claims,
damages, losses and expenses, including but not limited to reasonable
attorneys fees, arising out of or resulting from its performance of the Work,
provided that any such claim, damage, loss or expense (1) is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) , and (2) is caused in whole or
in part by any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or
not such acts are caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any
other right to obligation of indemnity which would otherwise exist as to any
party or person described in this Article.; however, this indemnification
does not include the sole acts of negligence, damage or losses caused by the
CITY and its other contractors.
(b) In any and all claims against the CITY or any of its agents or employees by
any employee of the CONTRACTOR, any subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them
may be liable, the indemnification obligations under this Paragraph shall
not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the CONTRACTOR
or any subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the CITY for the indemnification
provided herein.
ARTICLE VIII — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Recreation Today of Idaho, LLC.
2414 E. Railroad Street
Nampa, ID, 83687
Attn: Linda Haemker, V.P. of Operations
OWNER: City of Clermont
Attn: Darren S. Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX — MISCELLANEOUS
Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret
any provision of this Agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
2. Waiver — The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severability — If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment — Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement — This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
5
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment — Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue — The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law — This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records — Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law 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.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically must be provided to the CITY in a format that
is compatible with the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
0
ARTICLE X — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order / Notice To Proceed
3. An applicable Contractor Quote or Statement of Work
4. All documents contained in City of Clermont RFB 20-030 and any amendments
thereto.
5. CONTRACTOR's July 16, 2020 response to RFB 20-030.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 2�S day of 2020.
City of Clermont
Gail L. Ash, Mayor
Attest:
Tracy Ackroyd Howe, City Clerk
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Recreation Today of Idaho, LLC.
By: �?
(Si ture)
(Name & Title Printed or Typed)
EXHIBIT "A"
SECTION — C
PRICE SCHEDULE
NOTE: The quantities shown in the Price Schedule are estimates only. They may vary significantly from
the actual quantities ordered by the City. Payment shall be for the units ordered, placed, and accepted by
the City. By signing this form, the respondent fully acknowledges that there will be no additional
compensation (no overhead, no anticipated profits, etc.) other than the unit price of the items times the
number of items authorized, ordered, placed, and accepted by the City.
LN.
Description
Oty. I Unit
Unit Price
Extended Price
1
6-Foot Picnic Tables (Shipping/Freight Not
Included)
15 / ea.
$610.35
$ 9,155.25
2
8-Foot Picnic Tables (Shipping/Freight Not
Included)
15 / ea.
666
$ 90
$.10,003.50
S
8-Foot ADA Accessible Picnic Tables
(Shipping/Freight Not Included) 15 / ea.
$ 648.38
$ 9,725.70
Total$
289884.45
Include cost of shipping/freight for quantities above: $ 2,390.00
attach a separate page with shipping/freight costs).
(if necessary,
Contractor's Estimated Time of Delivery From Date of Purchase Order: 21 Calendar
Days.
By signing below, the respondent agrees to all terms, Conditions, and specifications as stated in this
solicitation, and is acting in an authorized capacity to execute this response. The respondent also certifies
that it can and will provide and make available, at a minimum, the items set forth in this solicitation.
Company Name (print): Recreation Today
Street Address: 2414 E Railroad St., Nampa, ID 83687
Mailing Address (if different):
Telephone: 208-442-9350 Fax: 208-442-9351
Email: Joy@rectoday.net Payment Terms: % days, net
FEIN: 27 1524604 Professional. License No.: RCE-31831
Signature: ;efDate: 7/17/2020
Print Name: J y age Title: Sales Assistant
Does the respondent accept payment using the City's MASTERCARD? ®Yes E]No
END OF SECTION — C
RFB No: 20-030
Page 13 of 20
SECTION — B
STATEMENT OF WORK
The purpose of this solicitation is to establish a term contract for the purchase of picnic
tables on an as -need basis. City staff will assemble the picnic tables and perform all
installation in accordance with the manufacturer installation manual. The City anticipates
a minimum order of multiples of five (5) for each item.
The 6-foot, 8-foot, and 8-foot ADA picnic tables must have the City's custom logo design
on the table top as shown in Section J, Top View. The custom plate design measurement
must be 18in. W. x 14in. H. for all picnic tables. The custom design must be included in
the unit price of all picnic tables.
The pictures provided in Section J must be used as reference for the design of each picnic
table listed below.
1 — SIX FOOT PICNIC TABLE SPECIFICATIONS
6ft. poly vinyl coated expanded metal table top with two attached 72in. x 10-1/2in.
seats. All corners are rounded, the frame is portable design.
• Colors for table and seats shall include:
Blue (RGB Color R:O, G:81, B:149) or equivalent.
Green (RGB Color R:O, G:132, B:68) or equivalent.
Yellow (RGB Color R:242, G:174, B:0) or equivalent.
Red (RGB Color R:220, G:41, B:30) or equivalent.
Brown (RGB not specified) to match existing picnic tables (if needed).
• Coated with 1/8in. to 1/4in. thick plastisol ultraviolet stabilized vinyl coating fused
and baked to a 90 percent gloss.
• Table height 31 in. approximately, seat height 18in. approximately.
• Top and seats shall be made with heavy duty 3/4in. #9 expanded metal inside of
a 2in. x 3/4in.x 1 Min. angle iron frame. All center braces shall be made from 1 /4in.x
1-1/2in. flat steel.
• Frame shall be 2in. heavy galvanized steel tubing that is galvanized inside and out
and shall meet or exceed the yield and tensile of SCH 40 pipe. Construction of
table shall prohibit rain water from collecting at ground level. Frame shall be
coated with a baked on polyester powder coat finish.
• The cross brace shall be made of 1 in. galvanized steel tubing.
• All hardware shall be non -corrosive.
RFB No: 20-030
Page 10 of 20
SECTION — B
STATEMENT OF WORK
2 — EIGHT FOOT PICNIC TABLE SPECIFICATIONS
• 8ft. polyvinyl coated expanded metal tabletop with two attached 96in. x 10-1/2in.
seats. All corners are rounded, the frame is portable design.
• Colors for table and seats shall include:
Blue (RGB Color R:O, G:81, B:149) or equivalent.
Green (RGB Color R:O, G:132, B:68) or equivalent.
Yellow (RGB Color R:242, G:174, B:0) or equivalent.
Red (RGB Color R:220, G:41, B:30) or equivalent.
Brown (RGB not specified) to match existing picnic tables (see Section K).
• Coated with 1/8in. to 1/4in. thick plastisol ultraviolet stabilized vinyl coating fused
and baked to a 90 percent gloss.
• Table height 31 in. approximately, seat height 18in. approximately.
• Top and seats shall be made with heavy duty 3/4in. #9 expanded metal inside of
a 2in. x 3/4in. x 1/8in. angle iron frame. All center braces shall be made from 1/4in.
x 1-1/2in. flat steel.
• Frame shall be 2in. heavy galvanized steel tubing that is galvanized inside and out
and shall meet or exceed the yield and tensile of SCH 40 pipe. Construction of
table shall prohibit rain water from collecting at ground level. Frame shall be
coated with a baked on polyester powder coat finish.
• The cross brace shall be made of 1 in. galvanized steel tubing.
• All hardware shall be non -corrosive.
3 — EIGHT FOOT ADA ACCESSIBLE PICNIC TABLE SPECIFICATIONS
• 8ft. poly vinyl coated expanded metal table top with two attached 72in. x 10-1/2in.
seats. Seats shall be to one end of table to allow for 24in. of wheelchair access,
conforming to the ADA standards (ADAAG 4.32.3). All corners are rounded, the
frame is portable design.
• Colors for table and seats shall include:
Blue (RGB Color R:O, G:81, B:149) or equivalent.
Green (RGB Color R:O, G:132, B:68) or equivalent.
Yellow (RGB Color R:242, G:174, B:0) or equivalent.
RFB No: 20-030
Page 11 of 20
SECTION — B
STATEMENT OF WORK
Red (RGB Color R:220, G:41, 13:30) or equivalent.
Brown (RGB not specified) to match existing picnic tables (see Section K).
• Coated with 1/8in. to 1/4in. thick plastisol ultraviolet stabilized vinyl coating fused
and baked to a 90 percent gloss.
Table height 31 in. approximately, seat height 18in. approximately.
• Top and seats shall be made with heavy duty 3/4in. #9 expanded metal inside of
a 2in. x 3/4in. x 1/8in. angle iron frame. All center braces shall be made from 1/4in.
x 1-1/2in. flat steel.
• Frame shall be 2in. heavy galvanized steel tubing that is galvanized inside and out
and shall meet or exceed the yield and tensile of SCH 40 pipe. Construction of
table shall prohibit rain water from collecting at ground level. Frame shall be
coated with a baked on polyester powder coat finish.
The cross brace shall be made of 1" galvanized steel tubing.
All hardware shall be non -corrosive.
Substitutions to the specifications provided above will not be considered.
The City of Clermont Brand Standards Manual is being provide as part of Section J.
END OF SECTION — B
RFB No: 20-030
Page 12 of 20