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2017-009 CONTRACT APPROVAL FORM TO: DARREN GRAY, CITY MANAGER THRU: FREDDY SUAREZ, PURCHASING DIRECTOR FROM: MARILYN RODRIGUEZ, ADMINISTRATIVE ASSISTANT VP SUBJECT: SAFETY SHOES AND BOOTS DATE: MARCH 8, 2017 THE PURCHASING DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Global Trading, Inc. is to provide safety shoes and boots to be purchased by various departments. The agreement shall take effect on the date of execution by both parties and shall remain in effect until January 26, 2020, unless renewed or terminated as provided by Global Trading, Inc. contractual agreement. Upon mutual agreement by both parties, this agreement may be renewed for three (3)additional one (1) year terms. 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 Purchasing Department sought a contract with Global Trading, Inc. to obtain an annual percentage discount agreement for the purchase of safety shoes and boots in accordance with the terms, conditions, and specifications as described in City's RFB 17-024. The annual estimated cost for safety shoes and boots is $14,276.27. The funds to cover these costs are included in the 2017 fiscal year budget. The Purchasing Department issued RFB 17-024 to notify local vendors of the City's intent to purchase safety shoes and boots. At the completion of the RFB the Purchasing Department received two vendor responses. The Global Trading, Inc. was the lowest responsive responsible bidder and complies with the City of Clermont Purchasing Policy. 4. FISCAL IMPACT: The fiscal impact of$14,276.27 is consistent with the 2017 approved budget. 5. EXHIBITS: Exhibit A Price Schedule Global Trading, Inc. Agreement APPROV AUTHORITY Approved Disapproved ❑ Reason/Suggestion (If disapproved) C4' o�na es- 3/tof t7 Title Date TERM AGREEMENT FOR SAFETY SHOES AND BOOTS THIS AGREEMENT, made and entered into this day of 2017, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and Global Trading, Inc., 7262 NW 33 Street, Miami, FL 33122, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issue RFB 17-024 titled Safety Shoes and Boots; WHEREAS, CONTRACTOR submitted its response dated January 26, 2017 to RFB 17- 024; WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 17-024 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 safety shoes and boots as described in CITY's RFB 17- 024 and CONTRACTOR's January 26, 2017 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—TERM AND TERMINATION 1. 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. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) 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 1 threatens to have a substantial, adverse impact upon 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 three (3) 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). ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK CITY shall authorize services to be provided hereunder by issuing a purchase order to CONTRACTOR. Prior to the issuance of a purchase order, CITY shall notify CONTRACTOR and CONTRACTOR shall, at its expense, within twenty-four (24) business hours of such notification pick-up the subject tires. 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 the vehicle to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted and undisputed services provided, within thirty(30) calendar days of receipt of the invoice. ARTICLE VI—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. 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 his employees connected with the work of this Project and, in case any work is sublet, the 2 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 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 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 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 minimum limits as follows: (a) CONTRACTOR's'Comprehensive General, $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 cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY 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 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 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 CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone 3 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: Global Trading, Inc. 7262 NW 33 Street Miami, FL 33122 Attn: Viraj Wikramanayake, President CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX—MISCELLANEOUS 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. 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 4 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 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. 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. 5 (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 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 3. All documents contained in City of Clermont RFB 17-024 and any amendments thereto. 4. CONTRACTOR's January 26, 2017 response to RFB 17-024. IN WITNESS WHEREOF, the arties hereto have executed this Agreement on this /D day of 2017. Cit • ont 741 "I A :DaifFrOPITIF M; ager ",../Attest:- _11)(44 r .cy Ackroydiowe, City Clerk • 6 Global Tr ding, Inc. By: Viraj kramanayake, President Attest: I _1� Co :orate Secretary ZA-1I A_ eS112AbA (Name Printed or Typed) 7 EXHIBIT A. SECTION –C PRICE SCHEDULE The following is a list of manufacturer's/brands of safety shoes and boots most commonly purchased. Additional brands may be proposed and added for future use. All safety shoes and boots shall be covered by the manufacturer's standard warranty. Respondent is required to submit the manufacturer's warranty summary with their response. PRICE SECTION 1 L.N. Description Date of Published List Price Percent Off List Price 1 Bates Footwear 'Y l/rb as- 2 52 Carolina Footwear — 3 Caterpillar Footweary i 35 4 Converse Footwear(R E&k) J f j /b 2� 5 rAVEN 8/II/L, 6 Dr. Martens Industrial 7 Harley-Davidson Footwear 8 Put/ otwe-ar Ai/IID 3 0 9Justin-Footwear tQoN ACE 111- 13- 3.s"- 10 S10 Roadwolf Footwear 11 Skechers Work g �b/j� Ib 12 Throrogood I/.,.)i 1 D 13 Timberland Footwear //3- 14 Wolverine Footwear �f f 6/!b /0 15 Rocky Waterproof 1 11 16 Le-High Safety Shoes 75 17 Georgia Footwear 10 18 Rocky Alpha Force V 19 Dickies lit'n0 W 20 Giaat-Hopper I(0/Olugki NOV 2.1� 2.-01,10 at) RFB No: 17-024 Page 12 of 31 SECTION -C ; PRICE SCHEDULE; - ".,- ,- .-PRICE SECTION - a —.r x _ � Description, Date of Published 1 Price Percent. Price • 21 Michelin r 22 Rockport 1/11/ 10) 3e 23 CAT Silverton i List discounted price for special sizes (if any): The following Price.Section 2 will be utilize to determine thelowest price. I Y ` . PRICE.SECTION ff` 3 '_ r.r - _ . Published • 0 Discount Discounted ( Descr`iption• Price f - _ • • _ Percentage .- t ee g Date .x.1 • -- 12 1 Rocky waterproof steel toe, 1 SS brown, style R6003 1 fQ-'Sr�Oi ,' I(I i I 35 g2 Rocky alpha force composite toe, gbr 2 waterproof duty boots, style 1 .-- R6004 pVEIJGot 1-1:2,3 $11 III- 25- 3 Timberland PRO steel toe low- 1 • � 115 C cut hiker work shoes, style 61009 , a/t I lq- El, Timberland PRO titan, light 15b SD '.t 4 weight composite toe work 1 ,; 2S� 12 shoes, style 505071 j11- -' RFB No: 17-024 . -Page 13 of 31 - tQ�N R mak, (ePt .E� CoNV dRL e ` ▪ IA- • _ FLoKSftE1M n V 9 Or ie SECTION -C PRICE SCHEDULE _ , PRICE SECTION Cig Published Discount Discounted . Description U2g Price Percentage Price Timberland PRO steel 191 5 waterproof work boots, style 1 .1_t b_213 47001 4in- I6 Timberland PRO steel protective 1 114-- 2 - sport work boo t 0 SII 7 Timberland PRO steel toe(41 0IRg 1 wellington boots, style 330049 �l 1I 0 3S� Le-High TS-100 steel toe work 1 R 0 8 boot, brown, style 504f0TS� IQ 11 1I�' 4 Le-High & Dri steel toe 9 Iii bo logger 9 waterproof insulated gg boot, 1 style 5965 P g 0 1 I I l P- 10 Georgia boot steel toe wellington .1 135 35 a1-4 we r t, s le G 1075 pgqoilln "f Georgia leather logger wnr4 13}- 4- 11 '{'- l 11 boot, style G8320 ,'�E'g�f 1 II 1 11- 3D l 6w 12 Georgia steel toe insulated work 1 QIP - 2b boot, style G8075 1st Wp L I I t l' • l� Dickies protective toe work boot, 1 I Obi- 13 3 style WD6343 1 ?,0O1 � 1 ! I I 14 Thorogood sport hicker steel toe 1 �'" work boot, style 8grak„�,11yt g- I No - -.s- ..--- Giant hopper moc toe casuplI D.9 Fl y 15 boot, style BG6423 R k 4 1 1 1111 )1- bJ Michelin steel toe syncrone pile 1ct0- qq 16 driver work boot, style) - 1 1111 1.- I D9 Wolverine EH Steel Toe Boot 6", I D�� 17 1 3,cr �j O style W04904 Ittcoo2. 11 I I r- 4� 18 Wolverine EH Steel 1 �I a� Ea-C°Wellington,styl rG�A10 gr I11;2 RFB No: 17-024 r Page 14 of 31 SECTION—C PRICE SCHEDULE PRICE SECTION 2 '1 qty Published I L.N. •Description � List Price Discount Discounted Pair Percentage Price and Date 19 PVC 16" Black Kne-,:o.t ' 1 tram a0 2388 20 Bates EH Composite Toe 6" Side Zip Boot, style E02264 1 3g- 51 21 Converse Athlite 6" Sport Boot 1 i 4 Black, style C6750 (�jB , le-4- Converse � 3D g 22 Converse Waterproof Sport (t?( D Hiker, style C4444 k6 4. 4 1 I ,� 30 (:��� Hytest EH Steel Toe 6" lr�^ 1 3�' 23 Boot, style 13262 b° lail up 24 Hytest EH Composite Toe 04-01.1. 3�. 8oh° Waterproof Hiker, style 12191 1 Total Price - - _ aloes 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 .rovide and make available, at a minimum, the items set forth in this solicitation._ Respondent Information and Signature n Company Name(print): F�WBAL �(LAiw ) 1 nic_ Street Address: 2.5) 4. Z4 St 0Lossem v )Lt ire e C I ce_ p740 Qty Mailing Address(if different): 7).-12 - A.1(".1 33 S( I11 PI 331/2_ - � 1 Telephone: s- 01 - Rat, Fax: 30.-(P I --1-56-+ Email: mob 1112sal Q,s@G1C1 IM Low) Payment Terms: % l �l_� days,net �O FEIN: 6S - 03o00-- Professional.License No.: Signature: Date: ilk-Ki a -cf1-7. Print Name: ( "WAypticaTitle: P12eg[.DCN( Does the respondent accept payment using the City's MASTERCARD? tK Yes 0 No END OF SECTION —C RFB No: 17-024 Page 15 of 31