Contract 2023-078ADocuSign Envelope ID: AOBD50BE-D971-4CAC-BFB8-D9D229B9D6E1
2023-078A
AGREEMENT No. 2023-078
PARK AMENITIES - BENCHES, PICNIC TABLES, AND TRASH RECEPTACLES
THIS AGREEMENT, is made and entered into this Wednesday, August 23, 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 BSN SPORTS, LLC., whose address is: 14460 Varsity Brands Way, Farmers
Branch, TX 75244, (hereinafter referred to as "CONTRACTOR").
WHEREAS, the City of Clermont issued RFB 23-087 titled Park Amenities - Benches, Picnic
Tables, and Trash Receptacles;
WHEREAS, CONTRACTOR submitted its response dated July 20, 2023, to RF1323-087;
WHEREAS, CITY desired to award a contract to CONTRACTOR in accordance with the terms
and conditions of RFB 23-087 and CONTRACTOR's response thereto;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
1. SCOPE OF WORK
The CONTRACTOR shall furnish benches, picnic tables, and trash receptacles as described in
CITY's RFB 23-087 and CONTRACTOR's July 20, 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 the CITY with benches, picnic tables, and trash
receptacles upon receipt of an authorized order from CITY and shall provide the
requested items in the timeframe and as set forth in RFB 23-087 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
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RFB 23-087 Park Amenities - Benches, Picnic Tables and Trash Receptacles
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, the 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
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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 Liabilitv 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, $1,000,000 Each, ($2,000,000
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
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The 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 Liabilitv 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.
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RFB 23-087 Park Amenities - Benches, Picnic Tables and Trash Receptacles
A. CONTRACTOR:
BSN Sports, LLC.
Attn: Conchevia Collins, Bid Specialist
14460 Varsity Brands Way, Farmers Branch, TX 75244
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.
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RFB 23-087 Park Amenities - Benches, Picnic Tables and Trash Receptacles
9.6. Assignment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either parry'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.
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RFB 23-087 Park Amenities - Benches, Picnic Tables and Trash Receptacles
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 23-087 titled Park Amenities - Benches, Picnic Tables,
and Trash Receptacles and CONTRACTOR's response thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 23rd day of
August, 2023.
CITY OF CLERMONT
2DocuSigned by:
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Tim Murry, Mayor
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Tracy Ackroyd Howe, City Clerk
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DocuSign Envelope ID: AOBD50BE-D971-4CAC-BFB8-D9D229B9D6E1
BSN SPORTS, LLC.
By: J�
Print Name: Conchevia Collins
Title: Bid Specialist-BSN Snorts. LLC
Date: August 23. 2023
DocuSign Envelope ID: AOBD50BE-D971-4CAC-BFB8-D9D229B9D6E1
CLER ONT
Chace of Champions'
City of Clermont
Procurement Services
Freddy Suarez, Procurement Services Director
685 W. Montrose Street, Clermont, FL 34711
EVALUATION TABULATION
RFB No. RFB 23-087
Park Amenities - Benches, Picnic Tables, and Trash Receptacles
RESPONSE DEADLINE: July 20, 2023 at 2:00 pm
VENDOR TOTALS
Vendor. .
BSN Sports, LLC. $45,028.82
TABLE 1
1 6' Foot Picnic Table
5
EA
$1,006.88
$5,034.40
2 8' Foot Picnic Table
5
EA
$1,344.16
$6,720.80
3 8' Foot ADA Accessible Picnic Table
5
EA
$1,201.56
$6,007.80
4 Hexagonal Picnic Table With Seating For Six
5
EA
$992.00
$4,960.00
5 ADA Hexagonal Picnic Table With Seating
5
EA
$965.96
$4,829.80
For Four Plus Wheelchair Access
6 Bench With Back
5
EA
$629.92
$3,149.60
7 Bench Without Back
5
EA
$349.68
$1,748.40
DocuSign Envelope ID: AOBD50BE-D971-4CAC-BFB8-D9D229B9D6E1
EVALUATION TABULATION
RFB No. RFB 23-087
Park Amenities - Benches, Picnic Tables and Trash Receptacles
9 Single Park Grill 5 EA $308.23 $1,541.15
10 Double Park Grill 5 EA $545.00 $2,725.00
Total W $41,693.35
TABLE 2
1 Cost of Shipping/Freight (if necessary, 1 EA $3,335.47 $3,335.47
attach a separate page with shipping
costs).
Total 1 $3,335.47
EVALUATION TABULATION
Request For Bid - Park Amenities - Benches, Picnic Tables and Trash Receptacles
Page 2
DocuSign Envelope ID: AOBD50BE-D971-4CAC-BFB8-D9D229B9D6E1
Request For Bid #RFB 23-087
Title: Park Amenities - Benches, Picnic Tables and Trash Receptacles
3. SCOPE OF WORK
3.1. Scope
The purpose of this solicitation is to receive responses from qualified respondents to establish a
term contract to purchase park amenities including benches, picnic tables and trash receptacles
in accordance with the terms, conditions, and specifications contained herein. City staff will
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 unit must be new with a full manufacturer's warranty on all components.
Please provide any supporting documentation that will assist the City of Clermont in determining
the quality levels of products offered.
6' FOOT PICNIC TABLE
• 6' Composite or recycled plastic two attached 72" x 10-1/2" seats. All corners are rounded, the
frame is portable design.
• Table height 31" approximately, seat height 18" approximately.
• Top and seats shall be made with heavy duty composite or recycled plastic 2" X 10"
• Frame shall be composite or recycled plastic
• All hardware shall be non -corrosive.
8' FOOT PICNIC TABLE
8' Composite or recycled plastic two attached 96" x 10-1/2" seats. All corners are rounded, the
frame is portable design.
• Table height 31" approximately, seat height 18" approximately.
• Top and seats shall be made with heavy duty composite or recycled plastic 2" X 10"
• Frame shall be composite or recycled plastic
• All hardware shall be non -corrosive.
8' FOOT ADA ACCESSIBLE PICNIC TABLE
8' Composite or recycled plastic two attached 72" x 10-1/2" seats. All corners are rounded, the
frame is portable design.
• Table height 31" approximately, seat height 18" approximately.
• Top and seats shall be made with heavy duty composite or recycled plastic 2" X 10"
• Frame shall be composite or recycled plastic
• All hardware shall be non -corrosive.
HEXAGONAL PICNIC TABLE WITH SEATING FOR SIX
• Table height 31" approximately, seat height 18" approximately.
• Top and seats shall be made with heavy duty composite or recycled plastic 2" X 10"
• Frame shall be composite or recycled plastic
• All hardware shall be non -corrosive.
ADA HEXAGONAL PICNIC TABLE WITH SEATING FOR FOUR PLUS WHEELCHAIR
ACCESS
• Table height 31" approximately, seat height 18" approximately.
• Top and seats shall be made with heavy duty composite or recycled plastic 2" X 10"
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DocuSign Envelope ID: AOBD50BE-D971-4CAC-BFB8-D9D229B9D6E1
Request For Bid #RFB 23-087
Title: Park Amenities - Benches, Picnic Tables and Trash Receptacles
• Frame shall be composite or recycled plastic
• All hardware shall be non -corrosive.
BENCH WITH BACK
• Bench — 6 foot and 4 foot.
• Player Bench with 15" wide seat and back
• Composite or Recycled Plastic.
• Surface or in ground mounting (price for each if different).
BENCH WITHOUT BACK
• Bench - 6 foot and 4 foot.
• Player Bench with 15" wide seat, No Back or custom logo.
• Composite or Recycled Plastic.
• Surface or in ground mounting (price for each if different).
TRASH RECEPTACLES
• 42-gal. Composite or recycled plastic
• Lid types: 2-way hood, 2-way swing door, push -door dome lid
• Rigid plastic liner (included)
• Design options.
PARK GRILLS
• Single and double options
• Double - include multi- level adjustments
• In ground or surface installation
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CLERWONT
Choice of Champions"
City of Clermont
Procurement Services Department
685 W. Montrose Street
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: BSN Sports, LLC
Contact Person and Title: Conchevia Collins. Bid Specialist
Vendor Street Address: 14460 Varsitv Brands Wav
Vendor City, State, ZIP: Farmers Branch, TX 75244
Vendor Mailing Address (if different from above): PO Box 7726, Dallas, TX 75209-0726
Vendor Email Address: bsnbidCaD-bsnsports.com
Vendor Email Address for Purchase Order (if different from above):
Phone Number: 800-527-7510 Fax Number: 800-365-7653
Taxpayer Identification Number (include a copy of your W9 form): 22-2795073
Remit to Information (if different from above):
Payment Remit to Name: BSN Sports, LLC
Payment Remit to Address: PO Box 841393
Payment Remit to City, State, ZIP: Dallas. TX 75284-1393
Please return the completed Vendor Information along with the required W-9 form by email to:
procurementservices(a)clermontfl.orq
For any questions, please call the Procurement Services Department at (352) 241-7350.