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Contract 2023-033ADocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 CONTRACT APPROVAL FORM TO: BRIAN BULTHUIS, CITY MANAGER FROM: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR SUBJECT: SAFETY SHOES AND BOOTS DATE: MARCH 13, 2023 THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Safety Shoe Distributors, LLP., Inc. to provide safety shoes and boots to several Departments throughout the city. The agreement shall take effect on the date of execution by both parties and shall remain in effect for a period of three years unless renewed or terminated as provided by the agreement. Upon mutual agreement, this contract may be renewed for three additional one-year periods. 2. Why is this action necessary: In accordance with the City of Clermont Purchasing Policy, the City Manager is authorized to approve contracts under $50,000 that do not require a budget amendment. 3. ADDITIONAL INFORMATION: The estimated annual expenditure is less than $50,000 during the initial contract term of three years. Funding for this contract will be determined by the respective department on a fiscal year basis. The Procurement Services Department issued RFB 23-032 and five responses were received. The award is being recommended to the low -responsive and responsible bidder, Safety Shoe Distributors, LLP. The bid was fully competed, advertised, and complied with the City of Clermont Purchasing Policy. 4. FISCAL IMPACT: The estimated fiscal impact of $9,000 is consistent with the 2023 approved budget. 5. EXHIBITS: RFB 23-032 Evaluation Tabulation Agreement APPROVAL AUTHORITY Approved � Disapproved ❑ Reason/Suggestion (If disapproved) EDocuSigned by: �A� &S 3/14/2023 534781168A394C8... city Manager Signature Title Date DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 2023-033 AGREEMENT No. 2023-033 SAFETY SHOES AND BOOTS THIS AGREEMENT, is made and entered into this Tuesday, March 14, 2023, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and SAFETY SHOE DISTRIBUTORS, LLP., whose address is: 9330 Lawndale, Houston TX 77012, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issued RFB 23-032 titled Safety Shoes and Boots; WHEREAS, CONTRACTOR submitted its response dated February 23, 2023, to RFB 23-032; WHEREAS, CITY desired to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 23-032 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: SCOPE OF WORK The CONTRACTOR shall furnish various safety shoes and boots as described in CITY's RFB 23- 032 and CONTRACTOR's February 23, 2023 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. 2. 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. 3. PROVISION OF SERVICES AND COMPLETION OF WORK A. The CONTRACTOR shall only provide to CITY with safety shoes and boots upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in RFB 23-032 or in the specific purchase 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. B. CONTRACTOR, upon receipt of a purchase order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 Fixed Price Term Agreement RFB 23-032 Safety Shoes and Boots 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. C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any services 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 services so as to comply with the warranties and specifications hereof. D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 4. TERM AND TERMINATION A. This Agreement is to become effective upon execution by both parties and shall remain in effect for a period of three (3) years thereafter, unless terminated or renewed as provided for herein. B. 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. C. Upon mutual Agreement of the parties, this Agreement may be renewed for three (3) additional one-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). 5. 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 1 DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 Fixed Price Term Agreement RFB 23-032 Safety Shoes and Boots all accepted deliveries and undisputed products delivered and services provided, within thirty (30) calendar days of receipt of the invoice. 6. DISPUTE RESOLUTION - MEDIATION A. 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. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. C. 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. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. 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. 7.2. 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 DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 Fixed Price Term Agreement RFB 23-032 Safety Shoes and Boots Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. CITY's and CONTRACTOR's Protective Liability Insurance The CITY shall procure and furnish a CITY's and CONTRACTOR's Protective Liability Insurance Policy with the following minimum limits: A. Bodily Injury Liability & $1,000,000 Each ($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit. 7.4. 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 attorney's 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. 8. 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. DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 Fixed Price Term Agreement RFB 23-032 Safety Shoes and Boots A. CONTRACTOR: • Safety Shoe Distributors LLP • Attn: Patrick McElligott, Partner • 9330 Lawndale, Houston TX 77012 A. OWNER: • City of Clermont • Attn: Brian Bulthuis, City Manager • 685 W. Montrose Street, Clermont, FL 34711 9. MISCELLANEOUS 9.1. 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. 9.2. 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. 9.3. 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. 9.4. 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. 9.5. Entire Agreement This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 4 DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 Fixed Price Term Agreement RFB 23-032 Safety Shoes and Boots 9.6. Assi _ ng ment Except in the event of a 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. 9.7. 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. 9.8. 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. 9.9. Public Records The 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 the 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 to the CITY in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT THE CITY CLERK'S OFFICE, (352) 241-7331. DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 Fixed Price Term Agreement RFB 23-032 Safety Shoes and Boots 10. CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: A. This Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in RFB 23-032 titled Safety Shoes and Boots and CONTRACTOR's response thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 14th day of March, 2023. CITY OF CLERMONT DocuSigned by: E jVt aoAaS /11�- DS Tracy Ackroyd Howe, City Clerk 11 DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 SAFETY SHOE DISTRIBUTORS, LLP. DoocuuS'r Vi/g-nedd by: Pa / `I� Wfw�6ff By CD2F325BC4A245E . (Signature) Print Name: Patrick McElligott Title: Partner Date: 3/13/2023 DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 EXHIBIT "A" 1 Rocky waterproof steel toe, brown, style R6003 1 Pair $120.00 15.% $102.00 Rocky alpha force composite toe, waterproof duty 2 boots, style R6004 1 Pair $100.00 22.% $78.00 Timberland PRO steel toe low-cut hiker work shoes, 3 style 61009 1 Pair $144.00 25.% $108.00 Timberland PRO titan, light weight composite toe 4 work shoes, style 50507 1 Pair $170.00 16.% $142.80 Timberland PRO steel waterproof work boots, style 5 47001 1 Pair $172.00 30.% $120.40 Timberland PRO steel protective sport work boots, 6 style 26064 1 Pair $130.00 32.% $88.40 Timberland PRO steel toe wellington boots, style 7 33004 1 Pair $175.00 30.% $122.50 Le -High TS-100 steel toe work boot, brown, style 8 5040TSL 1 Pair $154.00 30.% $107.80 Le -High & Dri steel toe waterproof insulated logger 9 boot, style 5965 1 Pair $178.00 30.% $124.60 Georgia boot steel toe wellington western boot, 10 style G1075 1 Pair $163.00 30.% $114.10 11 Georgia leather logger work boot, style G8320 1 Pair $155.00 22.% $120.90 12 Georgia steel toe insulated work boot, style G8075 1 Pair $115.00 22.% $89.70 13 Dickies protective toe work boot, style WD6343 1 Pair $127.00 28.% $91.44 Thorogood sport hicker steel toe work boot, style 14 8046000 1 Pair $163.00 30.% $114.10 15 Giant hopper moc toe casual boot, style BG6423 1 Pair $100.00 22.% $78.00 Michelin steel toe syncrone pile driver work boot, 16 style XSC563 1 Pair $159.00 30.% $111.30 17 Wolverine EH Steel Toe Boot 6", style W04904 1 Pair $125.00 20.% $100.00 18 Wolverine EH Steel Toe Wellington, style W04707 1 Pair $140.00 20.% $112.00 19 PVC 16" Black Knee Boot 1 Pair $29.50 5.% $28.025 DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 Bates EH Composite Toe 6" Side Zip Boot, style 20 E02264 1 Pair $134.95 25.% $101.2125 21 Converse Athlite 6" Sport Boot Black, style C6750 1 Pair $116.00 30.% $81.20 22 Converse Waterproof Sport Hiker, style C4444 1 Pair $153.00 25.% $114.75 23 Hytest EH Steel Toe 6" Work Boot, style 13262 1 Pair $130.00 32.% $88.40 Hytest EH Composite Toe Waterproof Hiker, style 24 12191 1 Pair $160.00 32.% $108.80 Total = $2,448.4275 DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 1 Bates Footwear Percent 1 25.% 2023 2 Carolina Footwear Percent 1 15.% 2023 3 Caterpillar Footwear Percent 0 No Bid 4 Converse Footwear Percent 0 No Bid 5 Double H Footwear Percent 0 No Bid 6 Dr. Martens Industrial Percent 0 No Bid 7 Harley-Davidson Footwear Percent 0 No Bid 8 Hytest Safety Footwear Percent 1 32.% 2023 9 Justin Footwear Percent 0 No Bid 10 Roadwolf Footwear Percent 0 No Bid 11 Skechers Work Percent 0 No Bid 12 Throrogood Percent 0 No Bid 13 Timberland Footwear Percent 1 16.% 2023 14 Wolverine Footwear Percent 1 20.% 2023 15 Rocky Waterproof Percent 0 No Bid 16 Le -High Safety Shoes Percent 0 No Bid 17 Georgia Footwear Percent 0 No Bid 18 Rocky Alpha Force Percent 0 No Bid 19 Dickies Percent 0 No Bid 20 Giant Hopper Percent 0 No Bid 21 Michelin Percent 0 No Bid 22 Rockport Percent 1 30.% 2023 23 CAT Silverton Percent 0 No Bid DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 Request For Bid #RFB 23-032 Title: Safety Shoes and Boots 3. SCOPE OF WORK 3.1. Scope of Services The successful respondent must provide various safety boots and shoes to be purchased by various departments. The successful respondent must also provide the tools, equipment, and personnel required to size and fit all employees. A respondent's capability to provide annual usage reports by item and department is highly desired. A minimum of two (2) onsite annual visits per department are required through a mobile unit. There are approximately 205 employees that safety shoes will be provided to. A. FACILITY 1. If a local store is available, the various departments may choose to schedule employees to go to the store for assistance in the selection, sizing, and fitting, to purchase the safety shoes and boots. The facility must include a mobile unit that will drive out to various sites to assist in the selection and purchase of safety shoes and boots. 2. Respondents submitting a response based on utilizing a mobile unit as their place of business must be able to provide services on a regular basis (or at mutually agreed upon times) of a fully stocked and staged vehicle capable of sizing and allowing employees to try on and supply boots at the time of visit. Repeated inability to maintain the agreed -upon scheduled visit or inability to provide shoes or boots from stock at the scheduled visit, may be considered as default to the contract and may be grounds for termination. 3. The successful respondent must have sufficient stock of shoes and boots which meets the agency specifications available and on display at the business location or mobile unit. All authorized personnel assisting agency employees with sizing and selection of safety shoes and boots shall be sufficiently trained and possess the knowledge and experience to advise proper fitting and correct application for all areas of usage (water, concrete, construction, electrical, grease/oil, chemical, etc.). B. SPECIFICATION 1. The successful respondent must have the ability to provide a variety of safety shoes and boots in both men's sizes 7 through 13 D, E, EE, EEE and women's sizes 6 through 11 in medium widths. Charges for sizes other than those shown above must be added to a list of discounted price for special sizes. The extra charge for special shoe sizes must be stated on the list of special sizes otherwise it will be assumed that the price includes all sizes. 2. All footwear must be constructed of durable and commercially acceptable materials, such as leather, nylon, PVC, polyurethane, nitrile, rubber, or other man-made materials. All footwear must meet or exceed the American Society for Testing Materials (ASTM) International Standards. All leather oxfords and boots are to be 13 DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 Request For Bid #RFB 23-032 Title: Safetv Shoes and Boots certified by the American National Standards Institute (ANSI) and requirements of the ASTM International Standards, current edition as prescribed by OSHA. C. ONLINE ORDERING AND PAYMENT Departments may order safety shoes and boots through the successful respondent secure website. The successful respondent must have the capability to offer the safety shoes and boots at the accurate unit price as per the discount provided in this solicitation. There are two payment options that may be used when ordering online: a. The department issues a purchase order, the vendor mails an invoice to the respective department, and the agency mails a check within thirty (30) days from receipt of goods or received invoice. b. The department utilizes a City purchasing card (p-card) for payment at the time of order. A purchase order number is not required for this type of purchase. The successful respondent must clearly state if online ordering is offered or if it is planned to be implemented in the near future. D. SHOE ALLOWANCE 1. The public agency determines solely within its budget the amount of shoe allowance per employee. The successful respondent will have the task to confirm this amount per agency and work within each allowance amount when assisting applicable employees. On many occasions, however, the employee will choose a shoe costing more than the allowance provides. The successful respondent must be capable and agreeable to collecting any additional cost over the shoe allowance from the individual employee at the time of final shoe choice/order. E. SUBSTITUTION Substitute brands or models may be considered during the contract period for discontinued models. The successful respondent must not deliver any substitute item as a replacement to an awarded brand or model without consent from the department. Substitute items must be of equal or better quality than the selected item. Substitutes must be considered only in emergency situations and excessive substitution requests may be a cause to cancel the contract. F. PAYMENT 1. The supplies furnished in accordance with this specification will be paid for at the percentage discount bid within thirty (30) days of receipt of goods or invoice, whichever is later unless the online ordering option and/or procurement card payment option is utilized. G. TERMINATION 1. The supplies furnished by the contract agreement may be terminated by the City for poor or non-performance by the successful respondent after a thirty (30) day written 14 DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 Request For Bid #RFB 23-032 Title: Safetv Shoes and Boots notice to make improvements and requested improvements were not made. Price agreement may be terminated by either the successful respondent or the City at any time without cause with a written thirty (30) day notice of intent to terminate. H. LIST PRICE 1. The price of all items on this solicitation will be based upon a discount from a price list(s). All list price revisions and any changes to discounts must be submitted to the Procurement Services Department for review and approval no less than thirty (30) days prior to the requested implementation date. Changes will become effective only upon written approval of the City. MARKET CONDITIONS 1. The City reserves the right to purchase on the open market should lower market prices prevail, at which time the successful respondent will have the option of matching the lower price or relieving the City of any obligation. OTHER GOVERNMENT AGENCIES At the option of the successful respondent, the use of the contract resulting from this solicitation may be extended to other governmental agencies. Each governmental agency may be allowed by the successful respondent to use this contract and must do so independently of any other governmental entity. Each agency will be responsible for its own purchases and will be liable only for goods or services ordered, received, and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 1 _::_► 1 1. The successful respondent guarantees the replacement of improperly manufactured shoes due to defective materials or products during the contract period with replacements being made within two (2) weeks of notification. Warranty information should include but not be limited to: the upper and sole preparation guarantee period and water penetration guarantee period, in addition to the wearability guarantee. All leather Oxfords and Boots are to be certified by the American Footwear Industries Association (AFIA) as prescribed by OSHA and rated in class 75. 15 DocuSign Envelope ID: EB032E63-E405-4D00-AA4B-8E7FB7A13695 City of Clermont Procurement Services Department CLER ONT 685 W. Montrose Street Choice of Champions" Clermont, FL 34711 VENDOR INFORMATION The following information along with a current W-9 form must be provided to the Procurement Services Department for all new vendors and when current vendors remit information changes. Name of Individual or Business: SAFETY SHOE DISTRIBUTORS LLP Contact Person and Title: PATRICK MCELLIGOTT, PARTNER Vendor Street Address: 9330 LAWNDALE Vendor City, State, ZIP: HOUSTON, TEXAS, 77012 Vendor Mailing Address (if different from above): Vendor Email Address: info@safetyshoedist.com Vendor Email Address for Purchase Order (if different from above): joshb@safetyshoedist.com Phone Number: (713) 928-6691 Fax Number: (713) 928-6560 Taxpayer Identification Number (include a copy of your W9 form): 36-4342920 Remit to Information (if different from above): Payment Remit to Name: Payment Remit to Address: Payment Remit to City, State, ZIP: Please return the completed Vendor Information along with the required W-9 form by email to: procurementservices(a-)clermontfl.org For any questions, please call the Procurement Services Department at (352) 241-7350.