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Home My WebLink AboutCity of Tamarac Resolution R-99-1081 I Temp. Reso. #8565 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 99 - V V A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE THE PURCHASE OF A PLAYGROUND SUNSHADE INCLUDING INSTALLATION FROM SPORTS SYSTEMS INTERNATIONAL, INC., AT A COST NOT TO EXCEED $19,997.40, UTILIZING THE COUNTY OF VOLUSIA, FLORIDA PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT, BID # 97-B-139, APPROVING FUNDING FROM THE APPROPRIATE PARKS AND RECREATION ACCOUNT; PROVIDING FOR CONFLICTS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Code Section 6-155 allows the Purchasing/Contracts Manager the authority to procure supplies, material and equipment, which are the subject of contracts with the United States Government or with other governmental agencies, without following purchasing procedures, as set forth in Section 6-149; and WHEREAS, the purchase of a playground sunshade including installation was approved in the FY99 budget and available funds exist in the General Fund budget for said purpose; and WHEREAS, the Parks and Recreation Director and Purchasing/Contracts Manager recommend the purchase of a playground sunshade including installation from Sports Systems International, Inc. for a price not to exceed $19,997.40, utilizing the County of Parks & Rec-fZ5 Temp. Reso. #8565 Page 2 Volusia, Florida Price Agreement Contract for Park and Playground Equipment, Bid #97-B- 139, attached hereto as Exhibit "A", and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the purchase of a playground sunshade including installation from Sports Systems International, Inc. utilizing the County of Volusia, Florida Price Agreement Contract for Park and Playground Equipment, Bid # 97-B-139. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2: The purchase of a playground sunshade including installation for $19,997.40 as authorized under Section 6-149 of the Tamarac City Code from Sports Systems International, Inc., utilizing the County of Volusia, Florida Price Agreement Contract for Park and Playground Equipment, Bid # 97-B-139, is hereby approved. Section 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Parks & Rec-IZS 1 1 Section 6: and adoption. Temp. Reso. #8565 Page 3 This Resolution shall become effective immediately upon its passage PASSED, ADOPTED AND APPROVED this 11'h day of May, 1999. ATTEST: J CAROL GOL , MC/AAE CITY CLERK I HEREBY CERTIFY that I have ammved this RESOLUTION as to MHELL SA< ITY ATTORN Parks & Rec-IZS Vn , JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR S HREISER DIST 1: COMM. PURE.. DIST 2: VIM MSS O s DIST S; COM . DIST * 00M TR 8565 EXHIBIT "A" Sports Syster�s International 11 • QUOTE January 27, 1999 Mr. Lance Moll Parks and Recreation Department 7501 North University Drive Tamarac; Florida 33321 Re: Sun Shade Quote Dear Mr. Moll: Attachment: Volusia County Price Agreement and product literature. 1445 S.W. 21 Avenue • Fort Lauderdale, Florida 33312 Phone 954-797-5300 Fax 954-797-5316 Pager 954-992-0862 TR $565 EXHIBIT "Art SUBMIT TO: COUNTY OF VOLUSIA PURChiA~SING DNISION 123 W. INDIANA AVE. -3RD FL DELAND, FWRiDA 32720AWS CONTACT PERSON: EXT. DELAND: (904) 736.5935 DAIYTONA BEACH: (904) 2574M NEW SMYRNA BEACH: (9(M) 42I4= r-ATION AN EQUAL TO BID OPFMT UNITY EMPLOYER Mprice Agre=aht for Park & Playground Equipment for 139 SuBMI T�►oLn�dayA`7&obelr 6, 1997 jor PRE Bap PR POSAI DAT E AN SUBMITTALS REC&MAPTERASOYF Monday, Aagua l�1,19i�1; :00 A.M. Administration Building. Purchar�, DATEAW nwE R 3rd Floor, 123 West Indiana Avenue, DdmA Florida veto n+oTBE aar�r� ; to ND r IF Rt?Tf ikN1NG AS A ' ► -ZE STATE R��SON- MAItINGADaREss: — �� ss � CVYf rAT P.. .+�.r�e �ti 0a. X TELEPHONE NUMBER: 9 5Lt _ ,1, (_ -1 4+14 AU ' FAX NUMBER: 9 C t L+ -I-) ` r,11 G 5 I FEDERAL EMPLOYER IDENTTFICAT(ON NUMBER OR SS NUMBER G 5- o G4 °l + t 5.-- W Ke_ 07-0 5 rol mY ++w• ++�'tlral rise -(der h made wMhowt pier, agr.ertn.rtb a CaNiedlott with any carp -Ears~ lion, bttsirtrsa erwMy, or a offer for the mane maMtMelr, arp�A�w ar NrviWaL and is in d idr and wM twA =l AMR w baud. I ftm" aprw a abide by al Comil law adarl�► lied I any attthatke.d M rise o1Mw a �ipn d� nqp� In 111MW4 ear a(fir�e �y d VbAai41, a� ihr n�pa�dwr, afirr and aprM +1wr If the olio to aexapbd� IIw aliwerwB awipn, a traehsfer b die CarMy of Vlaktsl- aY f *sad kwww in and b nA emumw of aelan R r4w now or h :fur w+d�r AMhuM +°'"s CE 1M IJ�id 7M Skstr of Plaids for pAee ibwtq releitp b Ilw paalatletr aenreodMYl�j ar tea) w wed ley dhr Canrwy oF�. At thr Cosnny/s disorellen eedt aeelpreuw made and becomeathdlrr at doe Iktr dtr tenders Aid a doe vend-r. ms FORM MUST BE comnETEA Aft RETLwAW WITH YOUR Rf SPONML GENERAL CONDITIONS AND INSTRUCTIONS * ** * PLEASE READ CAREFULLY* * e * Whiriluais eowttred by rite Anw kws win Dbm6d im Add 1990 in need of es000awrrodaMons to aiwa pubic opx&w or meairw spatwW by do Vokde Canty Pwalnoskq DVAM shot oattad tM Dhrisk:a alike in Drlatw! (90A) 790,593.i, of Iron 17ve CS) days pdar a rive sdteduled vprnG+9 a WO 1. SUOMIMSION OF OFPiR& All allow shal be wbmMisd in a noted mwelmn or do amide of 00 NOW artMbpaor Pado9w rrw &&wry of nnpoom a fhr Voknio Cowdy Pumk q mmoe O(Ree prior b the specified "and Mae feoak► y and stdedy the respum bby of the of6ar. Any wbmMbl nmW In the Pwdwskq DMsian Offim aher do trpeafied dow and doe veR oat be con*6*d. Reeponsrs dml be submm on (Arne parided by the Cowrwy: AddwonaI bda mm, ion waf be aAsadned a the stAmMmd. Fac+ftrnI. mikeisdam am NOT aaoepkhhL No offer way be moditW aAw as epmwn m No Cher may be wW►drorwn after open kV for a period of ebely (M days wine alhrrwke rpesiied. 2. EXIC FMW OF OpM Offer shd emwaln a manral dgmmm in dw spoce(s) pmWW of a mptenrmoo r cWto t:ed to kigely bind the ofiwa to du pmmwws *wweb. N spaces ompming kdaimpaw from thr offerer steal be aowpleted. no cormcilamods bb � � y 6w a any om be WOW. 3. OPIININGe Opnwnq " be public in rite Vokaio Canty P Wmaing DlMdan imawdiaeely f-Ibwing do advwGwd deadl nw dots and wme far rocmO of submlUAL PwmW to Secdan 119.W131 (0) Amida Starts I IM I no forth« WWWAAW -9-di offm snbnrdted will be made publk ung such wme of intended award or trn 1101 days, whkhevr► k 0010 A. PUMILIC RKORDe The Cowwy of Vblu" Florida, is governed by the PubMa Record low; c hopler 119, Fkm Sta ftL Pwam w to Chopiw 119 ony trade somm as d^W In Sedlan BM061, Florida Skk4k shal he ea mp from discl-was. S. TABULATION: Anyone wkhktg 10 ty- I a oopy of 111e B-bulalion of offers k mquked 1D wdom a soorapect niodeireaed mWeiope with wbw kL 6. CLARIFICATION/CORRECTION OF ENTRY: The CoawY of vblrri-reserves dr N b:Now *r the eloriEl-Alan of gwesw-noble erwries and dr eertedoe al OOVF OUS MISTAKES. 7. INTERFR11AT14N/AODENIW Arty 9aa0 a^d V60'� aatkxa steal be dinged b thr drtiprwtted earhloc1 penes Then wwprebfw s .hid► may-d(.d the wam w➢► auwonn of the ir+4olfen/offer"be (wrnhludif, -Nft is p wp c w o(6.m- - - No W npnwdw that be can sidend bi ,&,g urm. mwAded in wrti v by the County of Vokui- Pwdw+in9 Dbkion in the (ono ar an admwh d % aw:r,+ddettdo issued shol be adwtawledprd by 4owte and rewmrd vdh afhra/e mm-- Foliwe a ackaamledge addnndo may --* in the -Fier not 6*1 axhrderrd r B. INCURRED OMNSIM This bwkdm des not commi the Cody b wake an award nor shop dhr Cwrwy be m4wmwe for any oast or expense wdwdn nwy be kncwtted by any mgwrduw m preparing and K*w Mwrq a npld or any and Of wepenq inchsred by any reap-ndem prior to the wwwwon of a pwd ms order or coniew ognemrerw. 9. WADVANTAQED suSINL+js9L The County of VoW" FWdo, hoe adopted pokios which mete and encourage the bA parweipa«am of Dlsrdrantoged business Entsrpriw IDSE) In the proAmm of goods and serWwL Fw&K do Caunly of Volusia veil "w wr dw DOE program with respect to the gook as established by Cowdy Couwehl. la LOCAL BUSINS& : The Covey Caw+cil has estaE,Gihed a pofncy b pwk4m w -f Volwia Cowdy businesses in the provision of goods and The Co my wil wAwvw a ouw"businesses w ad wew rhk 90a SEE REVERSE SIDE TR 8565 EXHIBIT "A" Bid No, 97-B•139 Vendor/contractor/installer shall be responsible for all materials received and signed for from date of order to completion of job installation. .14 SUPERVISE: Vendor shall be responsible for the accuracy for all fixed measurerrtents. A va idor job supervisor/represtentative shall be on the work site at all times and be thoroughly knowledgeable of" materials, job requirements, Plans+ qwMestions, and installation fitnedora. .1S LAWS: All materials received shall meet ADA, Am==Playground Salary Regulations and all other plgp=d equipment and safety laws (A.S.T.hL Standards), requirements ad c ern$cation:, etc. .lb WARRANTY: MamAcbawfrnstaller shall guarantee entire installed systems and units to be free of defects in workmanship and materials for a period of not lees than one (1) year from date of completed installation date accepted. The munafacturer and /or installer shall repair and/or replaee any defected and poor installation at no cost to the County of Vohun during warrar y period and shall tranOer any manuu8ncturer`s guarantee for supplierrmstaller furnished materials odending beyond this contract period to the owner. .17 INSURANCE: Proof of inatrance shall be. fumished by the successM vemdor(s) to the Vohnsia County Purchasing Division within test (10) days upon request after bid has been awarded (request a Carta ate afkoxance). The County of VohW& shall be teamed to an additional inatued tint the General Liability Policy and Product Iaability. Vendor shall provide complete copies of any insurance policy for required coverage and be responsille for any policy deductible and self insured retentions as for the following: a) Genessl Liability Insuravok im bft products completed operations and blanket contractual liability with bodily injury limits of not leas than $1,000,000 per occurre= combined single limit for bodily injury and property damage. b) Auto Liability Insurance with limits not less than S500,000 per occurrence for bodily injury and property damage for owned, hired and Lion -owned vehicles. c) Worker's' Compensation and Employer's Liability Insunum with a limit of not less than $100,000 per occurrence. The sucxeLsful bidder(s) under the Price Agreement Contract No. shall indemnify, hod hapnless, and defend the County of Volusia, Dd and, Florida, its agents, sa vans, and employ m any 3 Vend r TR 8565 EXHIBIT "A" n. ARIQNG= Unless oawwisa Mmilied pekes alkwed shall amain lion far a period of at least sixiy 160) days; all printing of goods shall induct' FOS DESTINA11OK all POW"g, hand .% st.m" dirges and dow"ery to any Pointlsl vinhkh the Cou* b a noun area or in cle drsivary, all prit a of mKvica shall inekxle of expenses necessary so provide du weviae at the location speeifl+d. 12. ADDITIONAL M MS A CONDITIONS: The County of V061W merves the right a � alien eooiafnin9 bras at eand'rigns eaent/aditdery a those requested in tlw kwmmn spoahw ians. 13, TAXj& That County of Yalusla is eampt from Federal &cise Taxes and all sob► bons. Florida Sick bernptwn Certificate No, 74.97459I*MC. U. DISCOUW5;'A0dBOeunts @step# thew for prompt payment shall be can sid- in &W minMg *a IowwY net Cost for evoluodon pwpowt 1.5. MM SPECOICATIONS: The alfsror tepresonts that oe Offers q toot hwitaw #4 mite, Or extad the rn%111-1r re4UNW— M !P♦ AW. 16, SRAW NAM[ 00 WUAL: Il Ron requesbd by Ant invitallon how been tdm1F lied in the spedhhaUeau by a Sand Name 'OR EQUAL' deseriplIK sadn idudff• oom is isteeded to be desafpMve aid tat moriatie and is b 1rhdiexrt. the, quality oat dloradedsew of produas that will be occoPtable. Offers Proposing '**coal' products will be eamidard for awed If such Products an Clearly iefWWW in the offeramd an dessmined by thst County to mot fully the sakM d mwwf do requires seems-11sMd in the spec c*Oom L>t m the Aror dearly todicams in WOW offe► that wdw it propadng an 'equal• products, the offer shag be considered a altering Ass woe brand now Product referenced in ilu speafkmlbns. go, offerer proposes s4 fwnlsh an'equd" Product, the brand sauna of the Oro+'*= to be famished shoe be dearly idMdifiod. The ovaluatim of Offers and the eiaw too nation as to oWaky of the product offend shoe be the nspond611itY of ti,. COunY and will be based on wharmatian furnished W the offeror. The Purchasing Division is no mponAW far 60leit9 or ncwing any ins rroco r which is oat idWAW in the respa m and mosonohiy available ho tin Pwalming Dow WM To insure that *A eieM infa motiae is avaRable 110 olkm shill iw Ah as Port of the M40M tali descriptive m4Mrid mommy for the PwdxmkV Division tO dtlsermitne wWw she product offend meek the wheel cimmerWa nquind by the spodflcaseu and emits" ma* what the OFIEW proposes b finish andwhat Ant C"" would be binding"14 purddxe 1 by M06V an award 17. &A MPM What required, samples of pm&ds Ad be f wh6d with nsponn 10 the, County d m dtorga Samples may be Mood and will oat be mhm W a the offer- or. The m vA of rosy and all testing shall be made oval" upon w*W request. 18. SIUNCE OF SpECIFICATMM& The opponent silence of these Ipodfk*ftm or achy wpoernmtol speodioalfano as to derails w oho omission from m mt Of any detailed desesiptbn concerning Cry poke, shaE b• regarded a muoening thgr only oho taw romutnorcal practices We to pnvdli and that amdy MOOIals of fin WAY and attrrect hypo. Ilse, and dNlgm ate ta fie u1ed� AQ Walkm4nthip shall be fk-t gtiatRw Act mwpnwi m of specifications sndl be made upon the basis Of this ssdtsme t. 19. GOVERNING LAWS: Any oyiwnunito pundme rewilMtg fan this iwketian shoe be governed by tit saw; replailens, and cis kantes Of the Woof Pwida and the Candy of VaMuia. Florida. Venue shall to menyrmY in the CL=* Court of VOkWO County, Piodde. 20. ASSIONMENT: Any agnerant to pumhc" WOW Pwwmt b this WAwian and onwrd dues and the monies which may became duo hereunder ore cost assigns• ble OmW with the pear wrBnOn approval of the Cowry PumbO*tq Dkecbr. 21. CONTENT OF IN ATICIWI i ONSb The wnbnM Of this kMgllsn, aE leans, cOr,di lm spsp moom, amd mcf*emeds included herein and the accepted and aomtad rsspanw them may be Incorporated Imo on agreerad q Purchase and bocamm ► 9* binding. AthY term, conow% spm4wations, and/or requirements spathe to the *n at wrvko requested herein -hate supweede the mOrs rift of the'CENERAL CONDITIONS AND INSTRUCTIONS.' 22. L1AULfiY. The su"lier/pravider shall hoid and saw the County of Volusic. it's o16 can, agents, god employees horntle s agairn claims by Hurd parties resulting from breach of contract or mgbpnm by that supplie/Provider. 23. PATlfNTS, COPyRKW, AND ROYALTIlk The supOW/providor. without emtep• ppn, -hate Icy and save harnim the Cowry of Vel W its affkaw, agents and smplayeu from liability of any nature Of kind inekmding cost and expenses force, an occa"r of any cop rood, rogimmd, p*wrded. at unpaWJW �nwmlom4 PfOmm at arise rwnuiodured or used in the provision of goads and/or nrvkft inchrdtnq use 6, rn. C�ur.y at VOWW # A* s wpiww/po Wet om any doW, die., ar maasalt eemrmid by haters, patent, WPM* or ngilirosk , k"inieuoei' agreed and undstneow without a meption that the quaw price shalt include, ant nyalnas or coo" OW Ilse, we, of munch design• dowse, Of m4eeids in any Vmy iamobed. 24. TRAIWNGs West dhet to spe,cjW sop9kes/Pro"I�ts a" be nquind ai 4 oaswnin of amd of d Mal'- y � punchamd a a result this swnnol in tlhe apnsemlisa itsvitim4rn. 25. ACCilP'FANCft: Ptedmmds pwchossd as a result of this iwsatian may be tested for mrmphianee vrilh spoclfiaotiwts. ltemt defrw.nd nor enhsatming q sPeafieaMons may be *cwd and returned oi Venders ehrpsroo. Thor AWMe 0ddiweed by tr d*owy der s WAW in accepted 46 and/ar pwakes* order Owed tit the open nwdmL Arty immom in cost °at' be d-vW e0aah01 the sum dar 96. SARTY WARRANTY: Any awarded rrb"'cisr Including ems. d1*11W beer and/or manAmsumm shoe be nspoo idle for lwvWV co plied W1111 CA %&ML Mw Pro" or tone State, and bad sbnderda mpldiw+w and laws sp m;FkA osnd the we, Aneeof, applicable and sifeaw on the date of mamtfoetiwe or use or dab its morvies kidudig safely and emiramnteniai standards as apply tm boilsprlvde industry and 040n+r1nmial oprueiee 27. WARRANTY: The offeror agrees that, unless oshewise specAid, the paducr arid/ar IerwtOa hMnidned a a retnrk Pf tihlt Ilhtrdotiarn dfld OYward Areete dill b. !� tired by the map ',4e Commercial wararsy the Oif.ar giver no C" a+ (4r aantpataftism. A_ar, :,' and/}or srtrviras anti 4+ar >kw . r nmal+es r}rsp ,,7gd h i', iYJIf *w anz,m, :Ihw pravielm of the itrw0aiwyatiet. . As the ben inbnp of the County may nquxo, the County nsorva tit r, tigfM q make atvard(sI by hhdividnmai item, grpip of ilesta, d or -torte, a a eam6ir>a Mon thereof: an a gmogrephical bosh- and/or on a a"wide basis with are or mph wpplior(e) or p►ovitlmJ& : to mod any ad all offers or wave any irregularly or tedwvoy m afbrs named. 01" am C AN*d ta make no 42111108pl4ns wiles -their hat bon evoMnabd as being nsponelre. Any oral awohd(e) malt► a a result of Awl kwlaMon shall tatrtl arm ta applkobb of the CaudY of Volwia Florida. 29. VIOLATIoft Any vWo Am of any of the Ap A*w* Wit WOW oamhdAarM ►its ad and/or Mncludsd denim may rmA in the of coo/vender being nowved from Am Coin � of isms lone babe 30. For purposes of We 1mNwirn and evakreean of rnpw ht *AA ptewr79 *d apply UrA prices mid pnvmY aver emended PntatiOW typed mrAMr, numbers speed in word bmn sae Pm"d oar ambit rumor. ('ern' over' 1'I. VAN oat incon with content wards lad o Ate pre" tame khcktdr the future. wards in the pkmd nuritber ithek,de the skignrisnrurnbor and wramds in tit singular numbs irtckhde the plural number. The word'shd' is always -coda• tatty and no Ms.* dimscwX 31. Doi MONS: COUNTY • The sum 'Gaudy' herein Hier' q the, Cotxtty of Volhtrn. and its duly authorized mpprenrAllim and any mAK k#*n within VOwale C .. OFFlROR: The ism 'offeror" used heoln tefm io ally dealer, nnonvrbr_ ;:. npnsemngtive, diprfbusor, or business nmgtanhzatian submittng on osier to tle.:.�:� ti in giponn a this 1 WyNalrari VENDOR: The tart 'Vendor' used herein nbn 10 arty deafer, manulamxe, npressni4h4e, distributor, or business organization that will bo or has bean sword. oat a contract otd/tx t>wrot+n» actor Pu�'s m � ermns and cathoiiano of rho irw► tatimn and Q=PMd offer. USINA AGENC1r: iho term "using agency' used herein refers b Cry depart Mont, dmsim, o"my, coonrA ion, board co~-, ouAarity, or anti- unit in the Cowry govatmxnes Using WPOW w Procuring CoMactual wrVitres as provided for in the Pwdasing Ordinance of that County of VoluW, Florida. HEAVY DUTY.. The dwnis) to wN6 tie sirs 'Heavy Duty' R applied 001 exceed the usual *0* end/or =Pmiry supplied with standard prodock m squirm mew and +hat be able to withstand unusuoi slain, anposuw, hm wGfc lure. wee► and use. THE COUNTY OF VOLUSiA RESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE COUNTY. TR $565 EXHIBIT "A" s PRICE AGREEMENT FOR PARK & PLAYGROUND EQUIPMENT FOR COUNTY OF VOLUSIA, FLORIDA 97-B-139 (o TR 8565 EXHIBIT "A" T 0 CHANGE NOTICE PLEASE NOTE ANY CHANGES ALL TERMS AND CONDITIONS SHOWN ON ORIGINAL. PURCHASE ORDER SHALL REV ;, 4 UNCHANGED EFFecTINU DATE: Friday, Omemher 04, 19 9 8 SPORTS SYSTEMS INT+,NATIONAL 8666 NW 9TH AVENUE, #201 FT. LAUDERDALE, FL 33309 COUNTY OF VOLUSIA FLORIDA PURCHASING OFFICE 123 W. INDIANA AVENUE 00 DELAND, FL 32720.46W 904-736-5935 PURCHASE ORDER NO: PA 75018 �. DATED: 11/01/97 USING AGENCY: AS REQUIRED BY USING OF-PARTMENT RISER QUESTIONS TO: I TOM KELLEHER TM: W"22.67n Vendor W.. 960MOOD40 i Ean.tt: ticNi�M.r�co.vow�l�Ln.us— PLEASE MAKE THE F `'HANGES EXTEND PRIC.7 :AGREEMENT THROUGH DECEMBER 31, 2000 PARK AND PLAYGROUND EQUIPMENT, AS REQUIRED FOR THE COUNTY OF VOLUSIA CHANGE ORDER PLEASE'NOTE MY CHR'NGES Authorized Signature: ,.44&04� LA TR 8565 EXHIBIT "A" Bid No. 97-B-139 PRICE AGREEMENT CONTRACT FOR PARKS AND PLAYGROUND EQUIPMENT TABLE OF CONTENTS rr 3 a . 031 r • . GENERAL CONDITIONS OF PRICE AGREEMENT PURPOSE AND INTENT OF PROPOSAL ............................ I -- - 01 FOR 1 ............... I............ ............................. 02 RESPONSMMTI Y 1 ......................... .................. . 03 ......................... SHIPMENT 1 ........................ TERM OF CONTRACT 1 ..................... .............. PR&BM CONFERENCE 1 ....................... ............. 1.4 RENEWAL 2 ......................... ........................ 07 ......................... SERVICE 2 ......................... 08 CATALOG .......................... ........................ 2 09 ......................... PRICING OF QUOTEIINVOICE ....... 2 10 ......................... PAYMENT ro ........................ 2 11 CERTIFICATION ......................... ................... 2 12 ......................... PERCENTAGE ..................... 2 13 ......................... JOB COMPLETION ................. 2 14 ......................... SUPERVISE ....................... 3 1S......................... LAWS ............................ 3 It; WARRANTY ......................... ...................... 3 17 INSURANCE ......................... ...................... 3 18 SAFETY ......................... .......................... 4 19 PROMOTIONAL PRICING ......................... ........... 4 20 COOPERATIVE PURCHASE ......................... ......... 4 21 ......................... RESTRICTIONS.................... 4 22 DEFAULT ......................... ........................ 4 23 PRODUCT NAMES 5 ......................... ................. 24 VIOLATION ......................... ....................... 5 25 ......................... M.W.B.E. 5 ......................... 28 onF=G 5 ......................... ..,.................... 27 ......................... AWARDING 5 ....................... 28 ......................... CONTACT PERSON 5 29 ......................... ................ PERMITS 5 ......................... TR 8565 EXHIBIT "A" Bid No. 97-B-139 Speeiiieations and Requirements for Parks and Playground Equipment for the County of Volusia, Florida The purpose and intent of this bid is to establish and secure a firm, fixed price to include all items in oo n == catalogs and percentage discount ftom the last column price) of firers price lists for the purchase, delivery, and off loading of park and playground equipment, and to secure a firm foxed percentage of cost (after delivery) or cost upon request, for installation of all cataloged items and playground equipment; and to establish a tam contract ibr the County of Vohtsia, Florida, as specified. .01 FOB: All prices for delivery shall be FOB destination fbr job site locations throughout Volusia Counry, as directed at time of order placement. .02 RESPONSl ULM: Contractor/vendor shall be responsible Ear all labor, materials, equipment, supervision; off. loading, and placement far installation ofall park and playground materials ordered unless otherwise specified by Volusia County. • *Volusia County may elect at certain circumstances to purchase only materials, and have those materials installed by others, (e.& volunteers). teasrs). These item(s) will be shipped to a designated location and off-loaded by the vendor or vendor tepnrsentadw. .03 SffiP11dENT: A minimum of seventy-two (72) hours advance notification of delivery is required of all Erd& carriers (charges Pre -Paid by vendor and added to imvoux). No delivery will be aaxpted without P MW notice flmn CMV MOO o$fcisl. Transport company shall know the contact pUSM job site address, and approvaUkuthorreed delivery date. .04 TERM OF CONTRACT: The Price Agreement Contract for Puke and Playground equiPawr, %hall be for a ,, niod of three (3) yam ft m date of purchase order, with option of emaion for j'r.c ^ *omal yew!: , -urn zpptov 1 by bath vendmMmActurer and the County of Volusia Purchasing sion. Contract time bee= January 1, 1998. .05 PRE -DID CONFERENCE: A Pre -Bid Conference will be held Monday, August 11, 1997 at 10:00 a.m. in the Volusia County Thomas C. Kelly Administration Building, 3rd floor, Purchasing Conference Room, 123 W. Indiana Avenue, DcLamd, Florida 32720-4605. Only those vardors in attendance will receive any adds ndwn derived fivm the PmBid. Any vendor not attending the Pre -Bid but is submitting a Bid Proposal shall contact Purchasing no later than one (1) week prior to bid opening date to receive a copy of the addendum. Any and all addenda must be attached to Hid Proposal to be considered for bid acceptance. Vendor / / / r /,f 7 TR 8565 EXHIBIT "A" 0 Bid No. 97-B-139 .06 RENEWAL: AMNW renewal acceptance shall be based on the successful vendor(s) agreement to all the terms, conditions and reguhnems in maintaining firm percentage for the following year(s) no later than thirty days prior to end of contract time. All prices shall rernain firm for the period of the contract yar• .07 SERVICE: Contractor(:) awarded this contract shall be responsible to work with all County services and units, to be able to provide the proper and safest equipment for each site and facility where equipment is to be installed. .08 CATALOG: In order to motif Volusia County parks and playground equipment needs, requirements, and in the beat interest ofthe County, all vendors bidding shall submit catalogs (complete with material Price, installation cast, and freight charges where applicable) with their Sid Proposal, offering a firm fixed percentage discount, (without change for 1 year from date of contract issued) and comply with all ons, terms and conditions. .09 PRICMG OF QUOTEMMOICE: Request for pricing shall list each item cost, price for installation of each item, and freight ro charges for those items, each speafied where applicable. .10 PAYMENT: Price AgmMuft Contma shall be issued only to the vendor/manu&cturer who submitted a Bid Proposal that was awarded specified ardor request. No split order payment for separating vendor and installer (two-party check invoice) shall, be issued by the County of Volusia. Payment for installAtion charge shall be the respon4biiity of the awarded veoior. .11 ICE CATION: Al vendors, contractors, manufacturers and installers submitting a bid or a subcontractor of the bidder shall comply find supply written factory certification that they are required/authorized to install playground equipment as required by the manufacturer and submitted with Bid Proposal. .12 PERCENTAGE: Vendor shall indicate in space provided on Bid Summary Sheet their firm fixed percentage discount to be deducted from the catalog list prices. Both vendor aid irntal w shall be responsible for damages to property and personnel due to their neglect or bad safety habits. .13 JOB COMPLETION: Vendorfinstaller shall be responsible for clean up and removal of4debnrerWey...' in job completion and leave said site in neat and orderly fashion at the end2 V ji/F'LICf 4 TR 8565 EXHIBIT "A" Bid No. 97 B-139 0 and all casts and expenses, inchding but not limited to, attorney's fees, reasonable investigative and discovery costs, court costs and all other which the County, its agents, servants and employees may pay or become obligated to pay on account of any, all and every claim or dennand, or as uxmion of liability, or any claim or action founded thereon, arising or alleged to have risen out of the products, goods or services Airnished by the vendor, their agents, servants or employees, or controlled by the County for the purpose of performing services, delivering products or goods, installing equipment, or otherwise transacting business, wheti&.:° such claim or claims be for damage$, injury to person or property, including the County Properties, or death of any person, group or organization, whetter employees by the vendor or the County, or otherwise. The maximum the vendor shall be liable to the County under this Price Agreement Contract is 510,000,000 per occurrence and the bidder(s) recognize that the covenants that it has received consideration for the indemtifici,... -�,r'W. hem _ .13 SAFETY: It shall be the successful bidder''-. , ,.ity to insure all products ordered, shipped, and installed conform, meet, or vy,. ;, r� :i the required federal, state, city, county and local safety guidelines. .19 PROMOTIONAL 7.1CING: Vendor sham ing the contract period any items offered on a "promotional' basis form the ma_ ..., mall be the successful bidder's responsibility to monitor said item(s) and report any that are or will be offend at lower price. .20 COOPERATIVE PURCHASE: Any bidders awarding ofthis bid agrees that such response also constitutes a bid.pnce to all state and county agencies and political subdivisions of the State of Florida under the same conditions, for the same prices and for the same effective rp,,nod as this bid, should the awarded bidder's) deem it in the best interest of their business to do so. .21 RESTRICTIONS: This agreement in no way restricts or interferes with any state agency or political sub•: : a;Lu Q the State of Florida to rebid any or all items. .22 DEFAULT: In the event that the awarded vendor(s) should breach this contract, the County of Volusia, Florida, reserves the right to seek all remedies in law and/or in equity. .23 PRODUCT NAMES: Product names and model numbers used in this proposal is for establishing quality and degree of product the County will procure. It is not used for establishing one "brand" or manufacturer. Vendor may present their brand product meeting all standards required and speci(Yed� J 4 V o(. L 3 V a l�ltf`� TR 8565 EXHIBIT "A" of Bid No. 97-B-139 • 14 VIOLATION: In the evesrt any ofthe provisions ofthis bid site viaked by the awarded contraetot(s), they shell be given written notice starting the deficiax ims, and given ten (10) days to correct defidencin Said. Camcdlanon of coninct contractor shall be made by Volusia County Purchasing Division -. to the contractor should no corrections be made. Tha Canty of VokWa teseerves the right to to mdenate. any contract resulting from the hwhation at any time due to any violation .2S BLWAZ Vohtsia County N1nnority/Womem Business Entaprism Program has a minimum goal of 15V* astablidw for certified Nlinority/Women esrtarOU Participation. The County won* awourages active Minority/Women Business F. orpise participation on all contracts, proposals, bids, prof"onal se:vicas, wbcvntrncting and other goods. M OWEMG: Afler a de dim by the Volt= County ftdwing Divisions has bean reachmd and award is made, a ContradtPurchase order will be mailed to the succesafbl vendor(s) for materials as required. .27 AWARDING: Pe dum Orders w81 be made to the vendor(s) with the best price for matand(s) squired firm catalog(p) submitt4 rnemthS all apecifiCations, requirements, and in the best interest of the r nun ty. CONTACT PERSON: For any Sather information or assists n►cas pertaining to this Contract Bid, call Tom KeWier, Senior Purchasing Agent with Vohnsis County Purchasing Division at (904) 822-5772 or FAX 736-5937. 5 TR 8565 EXHIBIT "A" County of `VofUsi.a � Purchasing Division 123 W. Indiana AvoTelen( ue ML 7d36�5935 3g720.1608 August 25, 1997 PR-L-97-324 p� pent for Packs and Pk + raur P�'� ' - - Subject: the Coma. Bid No. v't B-139 Dear Bidder: This addendum is being issued to make the following changes, additions, deletions and corrections: 1, The County of Volusia requires al! pla equipment meat U.S. Canwma Product Safety Gtiidelinea (CPS' and American =for Tespag and Materu (AST1Nj F-14$'�. 9S Standard Consumer SafatY Periamanoe Speenficanoats. �7. The folio stmancot shall be pan of the statement sti Product l�y MAY be proceed by vendor =&Or xer whare $P*". the C altall sealed angivaeesiog dmwrnp Pig to mmadeb under aou nlct 3. Vendor (I.E. Shelters) at no cast to oumy and shall toed all budding - 4. Page I of3 Spring :. Pkm ante ifyou arc building on meW or plastic (or both) types of construction. 5. Vendwr shall use the attached Revised Bid Proposal when ubmitting their Bid. 6. Venda shall sip and date all files wbat specified and attach tins Addendum and revisW Proposal Form with year' Bid package to be eligible for aeceptanm to this or Plesse Tom For any further infotmrtion 57TZ or lax to ( 73 S . Kelkher, Sr. ent at ( ) Compan ' tw4,t.� Per Phone No. 9 S 4 ` -7-) Date: Oi very truly yours, �f Kenneth D. Hayslette Director of Purchasing • TR 8565 EXHIBIT "A" Continued Manufacturers catalogues: Fixed percentage discount: Manufacturer Catalogue Discount Freight Key Park Recreation #3 10%, $23. per 100 lb. Webcoat Site Amenities #3a 10% $23. per 100 lb. Columbia Cascade #3b 10% $23. per 100 lb. SPortsPlay 93c 10% $22. per 100 lb. SwWa Rink Supply #4 10% $22. per 100 lb. Advanced Polymer Tech. #4a 10% $22. per 100 lb. Kiefer Specialty Flooring #5 10% $22. per 1001b. Rain Drop 06 10% $60. per 100 lb. Industrial Shadeport #7 10% $20. per 100 lb. °* * tructunes Shelters #8 10% See price sheet #9 10% $22. per 100 lb. Unit Structures Bridges #10 10% See price sheet Biological Mediation Sys. #11 10% BTW/Harnmers Recycled 912 10% Newmark Sports Lighting __#13 10%Unitec Scoreboards #14 10% 10% 10% L P Industries $17 T W Signs #18 Meniphis Net & Twine #19 See price sheet $22. per 100 lb. See price sheet $22. per 100 lb. $23. per 100 lb. $26. per 100 lb. $25. per 100 lb. See price sheet $25. per 100 lb. Installadion 30% 30% 30% 30% 30% 30%* 30%* 30% 30% 30%, 30%* 30%* 30%* 30% 30%* 30% 30%* 30% 30% 30%* 30% TR 8565 EXHIBIT "A" Revised Proposal Form Date: 0 19p7 Bit 97$t39 undersigned hereb declares tl . &�rxs�r� 41- ML—H 4Lhave carefully Th ed the specifications and req ' is to MtAw Price Agreement for Purls and Playground Equipment for Bi was to be raxived on iutonday., October b. 1 fi Alrtljec declare - - +rr►S i-t r will fbT b ,� "eanmt far Paris and Plagrgrouad Egtntp t s Vendor shall fim ish catalogues of manufzo� : c,,x (a) and price to be effxtive fiom one (1) year from date of award (January 1, 1999) and )P%naor letterhead form listens manufacturer, Catalogue No., discount off list price, freight cost per WO pounds c) alai installation cost (or centage of cost) on an manufacturers and materials bins submittedfor Sid. (3 copies; 1 Ori&2 Copfea) U Usaufiohm Cedogue No. DiSM0 ad Freight bastalman PNe (�+ Cater%a[ y� u i C R Supporting documents and request may be required prior to award. Vendor shall provide proof and certification from many facturer that you are approved to distribute and install marwfacturer's materials suhrni a,cd for Bid. Tine County ofVolusia reserves the right to reject amoraosdia, to wxvt --- "- - accept all or any part of any proposal as they may be deemed to be in the best mtaresx c i r I have read all the specifications and requirements pertaining to this Price Agreement and aU amounts mA nnitted reflect our Proposal, our understandinguriferstanding of what is required anti our pledge to service the agreement with the highest standards we will or. Company., Address: G S S !S 314 Date: JLj 1 Phone: l 4f "•'� I �.. Fax:q Sy' - 71 (- _ Per. Federal ID No. G 5 ` CGL+ `� I tpnature