2016-51 CONTRACT AGREEMENT
THIS AGREEMENT,made and entered into this 9--M day of du 3 u S 2016,
A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "OWNER"), and Ernie Morris Enterprises, Inc. (hereinafter
referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I—SCOPE OF WORK
The CONTRACTOR shall provide furniture, assembly, installation and perform all of the
work described in the specifications entitled:
RFB NO. 16-036, POLICE DEPARTMENT HEADQUARTER FURNITURE
as prepared by Owner and its agents shall do everything required by this Contract and the
other Contract Documents contained in the specifications, which are a part of these
Documents.
ARTICLE II—THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR, for the faithful performance of the
Contract, in lawful tender of the United States, and subject to addition and deductions as
provided in the Contract Documents attached hereto and incorporated herein as Exhibit
"A". The total contract sum shall not exceed TWO HUNDRED NINETY-ONE
THOUSAND, ONE HUNDRED NINETY-FIVE DOLLARS AND 14/100 CENTS
($291,195.14).
ARTICLE III—COMMENCEMENT AND COMPLETION OF WORK
1.) The CONTRACTOR shall commence work within 10 calendar days after receipt
of Notice to Proceed or Purchase Order and the CONTRACTOR will substantially
complete the same within sixty (60) days, unless the period for completion is
extended otherwise by the CONTRACT DOCUMENTS.
2.) The CONTRACTOR shall prosecute the work with faithfulness and diligence.
ARTICLE IV—DISPUTE RESOLUTION- MEDIATION
1.) 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.
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2.) The Owner 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 in the place where the Project is located, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
ARTICLE V—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 his
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 latter's 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 contract at the site of the Project is not protected under the Worker's
Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the
Owner, for the protection of employees not otherwise protected.
2.) Contractor's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage forpersonal 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 minimum limits as follows:
(a) Contractor's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 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.) Subcontractor's Public Liability and Property Damage Insurance - The
Contractor shall require each of his subcontractors to procure and maintain during the life
of this subcontract; insurance of thetype specified above or insure the activities of his
subcontractors in his policy, as specified above.
4.) Contractual Liability Work Contracts - The Constractor's Liability Policy
shall include Contractual Liability Coverage designed to protect the Contractor for
contractual liabilities assumed by the Contractor in the performance of this Agreement.
2
5.) Indemnification Rider
(a) To cover•to the fullest extent permitted by law, the Contractor shall
indemnify and hold harmless the Owner and its agents and employees
from and against all claims, damages, losses and expenses, including
but not limited to attorney's fees, arising out of or resulting from the
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 2of 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 it is caused in part by
a party indemnified hereunder. Such obligation shall not be construed
to negate, abridge,'orotherwise reduce any other right to obligation of
indemnity-which would otherwise exist as to any party or person
described in this Article.
(b) In any and all claims against the Owner 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 iiinited 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
coinperisation 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 Owner for the
indemnification provided herein.
ARTICLE VI—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 bylthe party to whom it is intended.
CONTRACTOR: Ernie Morris Enterprises, Inc.
232 N. Main Street
P.O. Box 818
Bushnell, FL 33513
Attn: Ronald E. Morris, President
3
OWNER: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE VII—MISCELLANEOUS
1) Attorneys' Fees. Inthe 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 ofany provision of this agreement shall not
beconstrued 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 entireunderstanding of the parties hereto and supersedes all
prior and ;contemporaneous agreements between the parties with respect to the
performance of services by contractor.
6) Assignment. 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.
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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 CONSULTANT upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. 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.
ARTICLE VIII—CONTRACT DOCUMENTS
The Contract Documents, as stated in
the Instructions to Bidders and herein made a part,
are as fully a part of this Contractus if herein repeated.
Document Precedence:
1) Contract Agreement
2) All documents contained in RFB No.: 16-036 titled Police Department Headquarter
Furniture, including any and all addenda or amendments thereof, and
CONTRACTOR's May 26, 2016 response thereto.
3) Instruction to Bidders
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IN WITNESS WHjREOF, the parties hereto have executed this Agreement on
this V day of 104- . 2016.
City of Clermont
I _,41- ,./19')Ce--/
Gail L. Ash, Mayor
.Attes
Id
a'', Tracy,,'Ac oyd,"owe, City Clerk
1h-.
N.-'ERN ORRIS ENTERPRISES, INC.
f ,t-
, Jif, �.
B
Ronald E. Morns, President
ATTEST:
(CORPORATE SEAL)
6
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.
L.N. KEY Description qty/ Unit Price Unit Total
Unit
Teknion Bookcase or Equivalent
1 BC 17/EA
Offer. LaCasse M1NNS-B366514 297.55
5058.35
Teknion Task Chair-Workstations or
2 CH1 Equivalent 91/EA
Offer. Safco 7000 245.60 22349.60
3 CH2 SitOnit Guest Chair Office or Equivalent 421 EA #177.I r/EA
Offer. United Chair BR32
—344:30/p4�f 723030 /pkg of 2
4 CH2L SitOnit Guest Chair Lobby or Equivalent 181 EA
offer United Chair BR32S 206.75 3721.50
Global Furniture Group:Guest Chair
5 CHzw Executive or Equivalent 12/EA
Offer: integra CTLO1-22 551.90
6622.80
Office Master:Multi-Purpose Stack #I01.48/EA. it&"",7 87-7.�7 L
6 CH3 Chair.Train,Brief or Equivalent 62/EA - r�rr,-
Offer. Safco 4022 218.95/pkg of 2 . g of 2
Office Master.Multi-Purpose Stack Chair 14-70_ t$/EA. 4-631. 6 2 f
7 CH4 -Interview or Equivalent 9/EA LES)
Offer: Safco 4022 14035 pkg oft -701775-pkg of 2
Office Master.Soft Interview Guest Chair
8 CH4A or Equivalent 2/EA
Offer Integra GTLO-1-22 551.90 1103.80
Arcadia:Soft Lounge for children or
9 CH4S Equivalent 1 /EA
Offer: LaCasse HIC24 413.05 413.05
Office Master.Bar Stool-Counter
10 CH5 Height No Arms or Equivalent 4/EA
Offer HON HMG5 140.85 563.40
RFB No: 16-038
Page 12 of 35
•
SECTION-C
PRICE SCHEDULE
Office Master:Bar Stool-Counter
11 CH5A Height W/Arms or Equivalent 4/EA
Offer. HON HMG5F 153.55 614.20
Office Master Multi-Purpose Break Chair *70. (EA *4'11.16 031
12 CH6 or Equivalent 7/EA �S
Offer: Safeco 4022 140.35 pkg 2 -361.40-pkg-of-2-
13 Ch7 Teknion:Conference Chair or Equivalent 10/EA
Offer United Chair VC13 23735 2373.50
Teknion:Expansion Laminate Desk or
14 D1 Equivalent 17/EA
Offer. Lacasse as per born included 2108.90 3585130
Teknion: Expansion Laminate Desk or
15 DIA Equivalent 1 /EA
Offer. Lacasse as per born included 2,22525 2225.25
Teknion: Expansion Laminate Desk or
16 D2 Equivalent 5/EA
Offer Lacasse as per born included 2869.45 14347.25
Artopex: Phase Wood Desk or
17 D3 Equivalent 3/EA
Offer. Lacasse as per born included 3226.30 9678.90
Artopex: Phase Wood Desk or
18 D4 Equivalent 1 /EA
Offer. Lacasse as per born included 3204.25 320425
Artopex: Phase Wood Desk or
19 D5 Equivalent 1/EA
Offer: Lacasse as per born included 1939.45 1939.45
Artopex: Phase Wood Reception Desk or
20 136 Equivalent 1/EA
Offer Lacasse as per born included 2494.20 2494.20
Spacesaver.Weapons Rack Ill or
21 E64 Equivalent 2/EA t.014.°� , U1
Offer. Datum as per born included 337.00 .01t00-
Spacesaver.Universal Weapons Racks
22 E64A or Equivalent 3/EA 1 1 DI
Offer. Datum as per born included 369.30 .6731:00-
RFB No: 18-036
Page 13 of 35
SECTION-C
PRICE SCHEDULE
Spacesaver, Gear Lockers or Equivalent
23 E66Offer. Datum as pet'bom included - 2/EA 3321.10 6642.20
Spacesaver.Weapons Race Ill Pistol
24 E70 RaCk or Equivalent 1 /EA removed from bid as per addendum'
Offer.
25 LAT Teknion:Lateral Files or Equivalent 7/
EA
Offer Lacasse LPF-0542D 633.45
4434.15
Artopex.Phase Wood Lateral Files or
26 LAT(W Equivalent 2/EA
Offer. Lacasse LNCS-203658LF4
65250 1305.00
Teknion:Break Room or Equivalent
27 T1 1 /EA
Offer. Lacasse TNNA-XB33/T6NN-R48 483.25 483.25
Teknion:Training Table or Equivalent
28 T2 34/EA
Offer. Lacasse as per born included 887.50 30175.00
29 T3 Teknion: Indoor Side Table or Equivalent 8/
EA
Offer Lacasse ALPTB-L-181818(LL)-BL 557.20 4457.60
Teknion:Indoor Side Table or Equivalent
30 T3A 1 /EA
Offer: Lacasse ALPTB-L-181818(LL)-BL 55720 557.20
Trapitone:Outdoor Side Table or
31 T3(0) Equivalent 1 /EA
Offer Trapitone 1589.00 1589.00
Teknion:Conference Table or Equivalent
32 T5 EA
Offer Lacasse as per born included 1 ! 1432.70 1432.70
Teknion:Outdoor Cafe/Break Area
33 T6 Table or Equivalent 1 /EA
Offer: Lacasse TNNA-XB33/T6NN-SQ36 375.70 375.70
ERG:Bar Height Table, 11'x 30' D or
34 T7 Equivalent 1 /EA
Offer. Lacasse SN6NNN RT306037SA3 987.55 987.55
Teknion:Interview Room Table or
35 T8 Equivalent 4/EA
Offer. Lacasse TNNA-TB24IT6NN RCM2460 362.75 1451.00
36 W1 Teknion:WS Workstation or Equivalent 1 /EA 1121330 1121330
liacaaae sue per hnm included
RFB No:16-036
Page14of35
SECTION-C
PRICE SCHEDULE
Offer:
37 W2 Teknion:WS Workstations or Equivalent /EA
Offer Lacasse as per born included 6340.00 6340.00
Teknion:WS Workstations or Equivalent EA
38 W3 Offer Lacasse as per born included 6430.75 6430.75
39 W4Teknion:WS Workstations or Equivalent 1 /EA
Offer lacasse as per born included 6430.75 6430.75
Teknion:WS Workstations or Equivalent cA
40 W5 Offer lacasse as per born included 1/ 6430.75 6430.75
41 W6 Teknion:WS Workstations or Equivalent /EA
Offer: Lacasse as per bom Included 4392.90 4392.90
Teknion:WS Workstations—Expansion
42 W7 Desking or Equivalent 2/EA
Offer. lacasse as per born included 2255.85 4511.70
Teknion:WS Workstations or Equivalent
43 W8 offer Lacasse asborn included
per 1 !EA 4879.50 4879.50
44 49 Teknion:WS Workstations or Equivalent 1
Offer lacasse as per born included 2004.95 2004.95
45 W10 Teknion:WS Workstations or Equivalent 2/EA
Offer. lacasse as per born included 2514.95 5029.90
46 W11 Teknion:WS Workstations or Equivalent 1 /EA
Offer Lacasse as per bom included 13735.55 13735.55
47 W12 Teknion:WS Workstations or Equivalent /EA
Offer: lacasse as per born included 2539.20 2539.20
Teknion:WS Workstations or Equivalent EA
48 W13 Offer lacasse as per born included 1 / 4721.75 4721.75
49 W14 Teknion:WS Workstations or Equivalent /EA
Offer lacasse as per born included 13127.15 13127.15
50 W15 Teknion:WS Workstations or Equivalent EA
Offer: i acxnve aper be i1 included
13562.30 13562.30
Teknion:White Board/Tackboard Track
51 WB System or Equivalent 2/EA
Offer. lacasse as per born included 1235.35 2470.70
Total furniture assembly and installation �s -
53 for line items 1 to 51 if not included in the 1 /EAt1A-1tiATacAL
unit price. Enter zero if none. MBA?" FS a R
RFS No: 16-038
Page 15 of 35
SECTION-C
PRICESCHEDULE
Total shipping and handling for line items,
54 1 to 51 if not included In the unit price. 1 TEA zero
Enter zero if none.
Total Lump Sum Price (as per furniture specifications)
otJ t✓ Foy a-rum1,4 'FS
(Words) two hundred ninety one thousan unfired terve dollars and jeer cents
(Figures) $-291335.10 #Z `j L ( c l 4 S
Estimated Time of Delivery-From Purchase.Order: 60 or sooner Calendar Days.
Notto-Exceed: Sixty(60) Calendar Days from Issuance of Purchase Order or Notice To
Proceed..
List Manufacturers Lead Time (if any). Attach a separate sheet if additional space is
required.
Manufacturer Lead Time (calendar days)
All listed on bid 45 days or sooner
RFB No: 16-036
Page 16 of 35
SECTION-C
PRICE SCHEDULE
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.
Respondent Information and Signature
Company Name(print): Ernie Morris Enterprises Inc
Street Address: 232 N Main St
Mailing Address(if different): P 0 Box 818 Bushnell F133513
Telephone: 352-793-2745 Fax 352-793-2778
Email: salesteam®erniemorris.com Payment Terms: % days,net 30
FEIN: 59 - 3044992 Professional.License No.:
Signature: Date: •
Print Name: Ronald E Morris Title: president
Does the respondent accept payment using the City's MASTERCARD? 0 Yes q No
END OF SECTION-C
RFB No: 16-036
Page 17 of 35