HomeMy WebLinkAboutReso 2014-2209RESOLUTION NO. 2014 -_Z- 09
A RESOLUTION OF THE CITY COMNIISSION OF THE CITY
OF SUNNI' ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH LANDSCAPE FORNIS FOR THE
NIANUFACTURE AND DELIVERY OF FURNITURE AND
LIGHTING FOR THE INTRACOASTAL PARKS, IN AN
ANIOUNT NOT TO EXCEED ONE HUNDRED FOUR
THOUSAND FIVE HUNDRED FIFTY -TWO DOLLARS AND
SEVENTY CENTS (S104,552.70), ATTACHED HERETO AS
EXHIBIT "A "; AUTHORIZING NI'AIVER OF CONIPETITIVE
BIDDING PROCEDURES; AUTHORIZING THE NIAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION: PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Cite of Sunny Isles Beach is in the process of constructing the
Intracoastal Parks located at 16000. 1600. 16100. and 16200 Collins Avenue: and
WHEREAS, the City is in need of furniture and lighting for the Intracoastal Parks
including carousel tables, umbrellas. benches_. 30- gallon litter containers. a bike rack and
lighting: and
WHEREAS, pursuant to Section 62 -12 of the City's Procurement Code. the Cite
i\4ana2er has recommended that it is in the best interest of the City to waive its formal
competitive bidding procedures due to a proposal offered by Landscape Forms with greater
discounts than the GSA listed discounts, the quality and compatibility of the product; the
delivery schedule, and the desire to complete the Intracoastal Parks project: and
WHEREAS, the City wishes to enter into an Agreement with Landscape Forms for the
manufacture and delivery of furniture and lighting for the Intracoastal Parks, in an amount not to
exceed One Hundred Four Thousand Five Hundred Fifty -Two Dollars and Seventy Cents
(S104.552.70). attached hereto as Exhibit "A ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY CONIMISSION OF THE CITY
OF SUNNI' ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Waiver of Competitive Bidding Requirements. The Competitive Bidding
Requirements of Chapter 62 of the City Code are hereby waived for the limited purpose of
purchasing furniture and lighting from Landscape Forms for the Intracoastal Parks.
Section 2. Approval of Agreement. The City Commission hereby approves the Agreement
with Landscape Forms for the manufacture and delivery of furniture and lighting for the
Intracoastal Parks. in an amount not to exceed One Hundred Four Thousand Five Hundred Fifty-
Two Dollars and Seventy Cents (S 104.552.70). attached hereto as Exhibit "A ".
R2014- Landscape Forms Purchase Furniture and Lighting for Intracoastal Pk Waive Bids (3) Page I of 2
Section I Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 27h day of February 2014.
ATTEST:
Jane A. Hines, MMC, City Clerk
APPROVED AS TO FORM
AND LEQ\LSUFFICIENCY:
City Attorney
Vote: 4 —Q_ j
Mayor Edelcup
Vice Mayor Aelion
Commissioner Gatto
Commissioner Levin
Commissioner Scholl
\-loved by: ��t.Oh,Mtpptatp�k{OI L
Seconded by: l_OYr^-^�AA.iWha\ GP�"r-r
SP.v� (Yes)
(Yes)
(1 es)
�/ Yes)
(Yes)
—(No)
_(No)
_(No)
_(No)
_(No)
82014- Landscape Forms Purchase Furniture and Lighting for Intracoastal Pk Waive Bids Page 2 of 2
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND LANDSCAPE FORMS
CONTRACT NO. C1314 -028
T_ IS AGREEMENT (hereinafter referred to as the "Agreement`) is made in duplicate,
this 2'1 Today of UJA 2014, by and between the CITY OF SUNNY ISLES BEACH,
(hereinafter referre to as "Ci "), and LANDSCAPE FORMS, a corporation authorized to do
business in the State of Florida (hereinafter referred to as "Contractor') whose Federal I.D. # is
38. 18915'7'1
RECITALS
WHEREAS, the City is in need of contractor to manufacture and deliver carousel tables,
umbrellas, benches, 30 gallon litter containers, a bike rack and lighting for the Intracoastal Parks,
( "Services ").- and
WHEREAS, Contractor has expressed the ability and desire to provide these Services
subject to the terms and conditions contained herein; and
WHEREAS, the City desires to enter into an Agreement with Contractor to provide
these Services in a total amount not to exceed One Hundred Four Thousand Five Hundred Fifty -
Two Dollars and Seventy Cents ($104,552.70), as more fully described in Attachment "A" which
is attached hereto; and
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement
and made a part hereof for reference.
2. SERVICES. Contractor shall manufacture and deliver carousel tables, umbrellas,
benches, 30 gallon litter containers, a bike rack and lighting for the Intracoastal Parks, as more
particularly described in Attachment "A" attached hereto and made a part hereof. The Services
shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a
qualified representative to audit and inspect the Services provided on a regular basis to ensure all
Services are being performed in accordance with the City's needs and pursuant to the terms of
this Agreement, and shall report to the City accordingly. Contractor agrees to immediately
inform the City via telephone and in writing of any problems that could cause damage to the
City's property, improvements and persons. Contractor will require its employees to perform
their work in a manner befitting the type and scope of work to be performed.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Section 8 below, this Agreement shall commence from the date of execution of this
Agreement and shall terminate April 10, 2014.
4. COMPENSATION. The Contractor agrees to provide the desired Services to the City
in a total amount not to exceed One Hundred Four Thousand Five Hundred Fiftv -Two Dollars
C1314-028 -LANDSCAPE FORMS Exhibit "A"
and Seventy Cents ($104,552.70) for the Services under this Agreement. Payment to Contractor
for all charges and tasks under this Agreement shall be in accordance with this Agreement and
the schedule of charges reflected under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this
contract.
b. Pavment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
C. Availabilitv of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractor's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City. If the City disputes any charges on the
invoices. it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor. Contractor shall not
pledge the City's credit or make it a guarantor of payment or surety for any contract, debt,
obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and
represents that it has no obligation or indebtedness that would impair its ability to fulfill the
terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this agreement. The City shall not be responsible
for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this agreement.
C1314-028 — LANDSCAPE FORMS Page 2 of 10
6. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event
the Services are not completed by April 30, 2014 and in the absence of any extended deadline
granted by City, then the Contractor shall be required to pay a liquidated damage penalty of Four
Hundred Dollars ($400.00) for each calendar day beyond the April 30, 2014 completion period,
continuing to the time at which the Services are complete. Such amount is the actual cash value
agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall
also be entitled to withhold 50% of the total Compensation to be paid to Contractor until final
completion and acceptance of the Services.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverages to protect the City and Contractor against all loss, claims, damage and ,
liabilities caused by Contractor, its agents, or employees, as indicated below:
❑ Comprehensive General Liability Insurance, including broad form
contractual liability coverage for all operations, including, but not limited
to, contractual, products, and completed operations, personal injury and
property damage liability with minimum limits of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000.000.00)
aggregate.
❑ Worker's Compensation, as required by law, but no less than
$1.000,000.00 for Employer's Liability.
❑ Business Automobile Liability which shall include coverage for all owned,
non -owned and hired vehicles for minimum limits of not less than One
Million Dollars ($1,000,000) per occurrence, One Million Dollars
($1,000.000) per accident for bodily injury and Five Hundred Thousand
Dollars ($500,000) per accident for property damage.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self - insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy(ies) shall be issued by
companies authorized to do business under the laws of the State of Florida and acceptable to the
City with a minimum A.M. Best rating of A- Excellent. Before any work under this
Agreement is performed, and at any time upon request, Contractor shall furnish to the
City certificates of insurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liability, with the City named as additional insured.
All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall
be in forms and issued by insurance companies acceptable to the City Manager or his designee.
All insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. The City reserves the
right from time to time to change the insurance coverage and limits of liability required to be
maintained by Contractor hereunder. Contractor shall also require and ensure that each of its
sub - contractors providing services hereunder (if any) procures and maintains, until the
completion of the services, insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE
APPROVED IN WRITING BY THE CITY.
C1314-028 —LANDSCAPE FORMS Paee 3 of 10
8. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause; the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an
amount equal to the actual cost of a third party to cure such failure. If Contractor
fails, refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents. data and
other work product prepared by Contractor (and sub Contractor (s)) shall be
delivered to the City and the City shall compensate the Contractor for all
Services satisfactorily performed prior to the date of termination, as provided
in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor
for the purposes of set -off until such time as the exact amount of damages due
the City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and
A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either
in voluntary or involuntary bankruptcy or makes any assignment for the benefit
of creditors.
9. WARRANTY OF SERVICES
9.1 The Contractor shall warrant that the Services conform to the Agreement and are
free of any patent and/or latent defect of the workmanship for the periods
established in the Contractor's proposal, attached hereto as Attachment "A ". This
warranty shall be in addition to whatever rights the City may have under state or
federal law. The Contractor's obligation under this warranty shall be at its
own cost and expense, to promptly repair or replace (including cost of
removal and installation), that item (or part or component thereof) which
proves defective or fails to comply with the Agreement within the warranty period
such that it complies with the Agreement.
C1314- 028 — LANDSCAPE FORMS Paee 4 of 10
9.2 Contractor warrants to the City that all materials and equipment furnished
under this Agreement will be new unless otherwise specified and will be of
good quality, free from faults and defects and in conformance with the
Agreement. All equipment and materials not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by City or its designee, Contractor shall fumish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is
not limited by any other provisions within this Agreement.
93 Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties, expressed and/or implied, shall be given to the City for all
material and equipment covered by this Agreement. All material and equipment
furnished shall be fully guaranteed by the Contractor against factory defects and
workmanship. At no expense to the City, the Contractor shall correct any and
all apparent and latent defects that are required under state or federal law.
10. DEFECTIVE WORK
10.1 The City or its designee shall have the authority to reject or disapprove work
which is found to be defective. If defective work is found, Contractor shall
promptly either correct all defective work or remove such defective work and
replace it with non - defective work. Contractor shall bear all direct and indirect
costs of such removal or corrections including cost of testing laboratories and
personnel.
10.2 Should Contractor fail or refuse to remove or correct any defective work or to
make any necessary repairs in accordance with the requirements of this
Agreement within the time indicated in writing by the City Manager or its
designee, the City shall have the authority to cause the defective work to be
removed or corrected, or make such repairs as may be necessary at Contractor's
expense. Any expense incurred by the City in making such removals, corrections
or repairs, shall be paid for out of any monies due or which may become due to
Contractor. In the event of failure of Contractor to make all necessary repairs
promptly and fully, which is not cured in the cure period, the City may declare
Contractor in default.
10.3 If, within one (1) year after the date of completion of Services or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision(s) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt of written notice from the City or its
designee, shall promptly correct such defective or nonconforming work within the
time specified by the City without cost to the City. Nothing contained herein shall
be construed to establish a period of limitation with respect to any other
obligation which Contractor might have under this Agreement including but not
limited to any claim regarding latent defects.
C1314-028 — LANDSCAPE FORMS Paee 5 of 10
10.4 Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
10.5 Where the City or its designee becomes aware of faults, defects or non-
conformity in any of the work provided under this Agreement or with the work
being performed by the Contractor, the City or its designee shall issue a Notice to
Cure.to the Contractor for correction. In no event shall the failure of the Citv or its
designee to bring to the attention of the Contractor of such faults act as a waiver
or release the Contractor from responsibility or liability for such fault, defect or
non - conforming work.
11. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement
shall be governed by, construed and enforced in accordance with the laws of the State of Florida.
Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes
necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and
the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the
pretrial, trial and appellate levels.
12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby
knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in
respect of any action, proceeding, litigation or counterclaim based hereon or arising out of,
under, on or in connection with this agreement or any course of conduct, course of dealing,
statements (whether verbal or written) or actions of either of party.
13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Contractor from violating such
provisions.
14. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such part), as follows:
C1314-028 — LANDSCAPE FORMS Page 6 of 10
If to the City:
Christopher J. Russo
With a copy to:
City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
18070 Collins Ave. 4"' Floor
City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160
18070 Collins Ave. 4`" Floor
Tel: (305) 792 -1701
Sunny Isles Beach, Florida 33160
Tel: (305) 792 -1702
If to the
Richard Hertford. President
Contractor:
Landscape Forms Inc.
431 Lawndale Avenue
Kalamazoo, MI 49048 -9543
Tel: (269) 337 -1314
Fax: (269) 337 -13364
15. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Three (3) years.
16. NON - DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The
Contractor will not discriminate against any employee or applicant for employment because of
race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
maritaUfamilial status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708),
which prohibits discrimination against the handicapped in any Federally assisted program.
17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended, and by the
City of Sunny Isles Beach Ordinance No. 99 -82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire" any interest, directly or indirectly
which should conflict in any manner or degree with the performance of the Services. The
Contractor further covenants that in the performance of this Agreement, no person having any
such interest shall knowingly are employed by the Contractor. The Contractor guarantees that
he /she has not offered or given to any member of, delegate to the Congress of the United States,
any or part of this contract or to any benefit arising therefrom.
C1314-028 — LANDSCAPE FORMS Page 7 of 10
18. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorneys fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors. officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
services in the performance of this Agreement including any person for whose acts, errors,
mistakes or omissions the Contractor may be legally liable. The parties agree that One Hundred
Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set
forth in this Agreement.
19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ( "Applicable Laws ") and shall obtain and maintain any and all material
permits, licenses, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement.
20. - CONFLICTING PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document or
events referred to herein, or any document incorporated herein by reference, and a term,
statement; requirement or provision of this Agreement, the terms and conditions in this
Agreement shall supersede and take priority over any other conflicting provisions that are
contained in any other document; including but not limited to the Contractor's proposal
contained in Attachment "A ".
21. AVAILABILITY OF FUNDS. This Agreement is executor only to the extent of City
funds approved and appropriated %r this specific purpose by the City Commission. This
Agreement shall be subject to the availability and appropriation of funds. If the City should not
appropriate or otherwise make available funds sufficient to purchase the Services procured
pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other
obligations herein without any further liability or penalty upon twenty (20) days notice to
Contractor. Any obligation for payment under this Agreement shall be made solely from
appropriated funds. The City shall have no legal or equitable obligation to approve any funds in
the future and in the event of the City's decision not to approve and appropriate any additional
funds the City shall have no further liability to Contractor.
22. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
C1314-028 — LANDSCAPE FORNIS Page 8 of 10
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
D. This Agreement contains the entire agreement of the parties, and may be
amended, waived, changed, modified, extended or rescinded only by in writing signed by the
party against whom any such amendment, waiver, change, modification, extension and/or
rescission is sought.
/Remainder of page intentionally left blank/
C1314-028 — LANDSCAPE FORMS Page 9 of 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
Signature
II)d kdI11JXek1—
Print Name
ATTEST:
AA
Jane A.'N MMC, City Cleric
Ct314- M8— tANDSCAPEFORM9 Page 10 ot10
LANDSCAPE FORMS
BY:
Allen Wheeler, Sales Operations Manager
CTTY OF SUNNY ISLES BEACH
BY: �' -4k
N S. F.delcup, Mayor
Quote
Date: 02252014
LF Quote #: 0000170217
PO #:
Project: Sunny Isles Int. accastal Waterway Park
Bill To: City of Sunny Isles Beach
ATTN: Susan Simpson
18115 North Bay Road
Sunny Isles Beach, FL 33160
CORPORATE
431 Lawndale Avenue
Kalamazoo, MI 49048 -9543
P: 800.521.2546 F: 269.381.3455
www.l a nd sca peforms.com
Federal I.D.# 38- 1897577
Ship To: City of Sunny Isles Beach
ATTN: Susan Simpson - (305) 792 -1706
18115 N Bay Rd
Sunny Isles Beach, FL 33160 -3490
Ship Via: Common Carrier
F.O.B.: Destination
Qty Description
Unit Price Total Price
Tagging Instructions:
Bill of Lading Instructions:
When ordering please confirm:
• Shipping address and contact information (name and ph #)
• Billing address and contact information
• Is your firm or the project tax exempt? If so, exemption certificate must accompany order
• Delivery schedule:
_Immediately upon completion
_Target delivery date:_
4 Carousel Table 5 1,572.50 S 6.290.00
Seat Style: Backless Perf
Table Top Style: Catena
Umbrella Hole: With Hole
Number of Seats: 4 Seat
Mounting: Surface Mount
Seat and Support Color: Ocean
Table Top Color: Ocean
Standard Features: 42' diameter tabletop
2 Carousel Table
S 1,572.50
$3.145.00
Seat Style:
Backless Perf
Table Top Style:
Catena
Umbrella Hole:
With Hole
Number of Seats:
3 Seat
Mounting:
Surface Mount
Seat and Support Color:
Ocean
Table Top Color:
Ocean
Standard Features:
42' diameter tabletop
ADA Compliance:
ADA Compliant, must be surface mounted
S2,303.50
S 13,821.00
6 Solstice Umbrella
Style:
Cygnus
Panel Type:
Solid
Mounting:
Table Mount
PolefStrut/Stand Color:
Buttercup
Panel Color:
Buttercup
15 Towne Square Bench
$ 1,156.00
$ 17,340.00
Page: 1 of 3
Ship Date:
bust >: OT<BS
SBR Elene ntispn
Rep: Mum -L. a"MaeF
Purwaser Seller
ATTACHMENT "A"
Quote
Date:
02r2512014
LF Quote #:
0000170217
PO #:
Length: 70" Length
Project:
Sunny Isles Intracoastal Waterway Park
Bill To:
City of Sunny Isles Beach
ATTN: Susan Simpson
18115 North Bay Road
Sunny Isles Beach, FL 33160
CORPORATE
431 Lawndale Avenue
Kalamazoo, MI 49048 -9543
P: 800.521.2546 F: 269.381.3455
www.land sca peforms.com
Federal I.D.# 38- 1897577
Ship To: City of Sunny Isles Beach
ATTN: Susan Simpson - (305) 792 -1706
18115NBay Rd
Sunny Isles Beach, FL 33160 -3490
Ship Via: Common Carrier
F.O.B.: Destination
Qty
Description
Unit Price
Total Price
Sub Total
Length: 70" Length
Estimated Tax
$ 0.00
Document Total
Insert: Perforated
Divider Option: Two Dividers
Powderwat Color: Titanium
Standard Features: Freestanding /Surface Mountable
10
Petoskey Litter
S773.50
S 7,735.00
Style /Mounting: Freestanding7Surface Mount 20 X 42 Hinged Lid
Powderwat Color - Body and Lid: Titanium
Standard Features: Freestanding/Surface Mount
Standard Liner: 30 gallon Black Polyethylene Liner
4
Annapolis Bollards
S 909.50
$ 3,638.00
Diameter: 6" Diameter
Mounting: Removable
Light/Sleeve Option: No Light or Sleeve
Powderwat Color: Titanium
Sleeve Color: No Sleeve
1
Bicilinea Bike Rack
$ 3,010.20
$ 3,010.20
Style: 10ft Embedded
15
Alwtt Lighting
$ 2,844.90
$ 42,673.50
Style: Type 3
Powderwat Color: Titanium
15
Alcott pedestrian light anchor kit. Includes template and anchor bolt kit.
S 0.00
$ 0.00
Payment Terms: NET 30 - PENDING CRED APPROVAL
Page: 2 of 3
Item Total
$97,652.70
Shipping 8 Handling
$ 6,900.00
Sub Total
$ 104,552.70
Estimated Tax
$ 0.00
Document Total
$ 104,552.70
Ship Dater
SSR� M..nmson G
Rep: Mam -LVieB MirAM L�.f
Purtl�aser Seger
Quote
Date: 02/25/2014
LF Quote #: 0000170217
PO #:
Project: Sunny Isles Intracoastal Waterway Park
Bill To: City of Sunny Isles Beach
ATTN: Susan Simpson
18115 North Bay Road
Sunny Isles Beach, FL 33160
CORPORATE
431 Lawndale Avenue
Kalamazoo, MI 49048 -9543
P: 800.521.2546 F: 269.381.3455
www.landscapeforms.com
Federal I.D.# 36- 1897577
Ship To: City of Sunny Isles Beach
ATTN: Susan Simpson - (305) 792 -1706
18115NBay Rd
Sunny Isles Beach, FL 33160 -3490
Ship Via: Common Carrier
F.O.B.: Destination
Landscape Forms, Inc. reserves the right to change payment terms based on payment history as well as information obtained from commercial credit
reporting agencies.
Purchaser is responsible for confirming options, materials, quantities, etc., for completeness and conformity to plans and specifications.
Changes to or cancellations of orders may incur a penalty charge of 30% or more. Special orders may not be changed or cancelled.
No merchandise can be returned without authorization from Landscape Forms. Returns may be subject to a disposition fee of 30 -100 %.
Prices based on quantities shown and quantity changes may affect price.
QUOTED prices are held for 60 days. After receipt of a written ORDER, prices will be held for up to one year from receipt of the order. Changes in
quantity or specification may affect pricing.
Landscape Forms is a supplier only and ships via common carrier. Customer is responsible for offloading and installing unless otherwise indicated
above.
Mounting hardware is only available on a limited number of products. Please consult the installation recommendations or contact our corporate
office to confirm. In the event hardware is provided, it MUST be used for proper installation.
Refer to Care and Maintenance guidelines for more detailed information and instructions.
All orders ship upon completion of fabrication. A one -week grace period may be available, after which storage fees will apply.
This Agreement contains the entire understanding between the parties. All prior communications are merged into this Agreement. The terms of this
Agreement shall control any conflict between documents.
This Agreement may be signed by the parties separately and by facsimile, and together they shall be deemed one binding, original Agreement.
Purchaser shall pay all costs and expenses paid or incurred by Landscape Forms, Inc. in collecting any amounts due for goods purchased by
Purchaser, including without limitation, reasonable attorneys' fees and collection costs. Balances on invoices not paid within 30 days of date of
invoice, or within an alternate period of time as determined and indicated by Landscape Forms, shall incur interest at a rate of 18% per annum.
Cash discounts are not offered.
Pricing includes selection from our standard color pallette. Optional colors and custom color matches are available for an additional fee and will
extend lead -time. Please contact our corporate office for more information.
Tax is estimated. Actual tax will be charged on final invoice and shall be payable by the Purchaser. U.S. customers must provide a valid sales tax
exemption or resale certificate to remove liability.
To the extent purchaser supplies or modifies the standard specifications for any products, Landscape Forms, Inc. expressly disclaims all
representations and warranties related to such products or their design whether express or implied except that the products shall be manufactured
in accordance with purchasers specifications.
REMITTANCE OPTIONS: For information on paying via credit card, ACH, direct bank transfer, or wire please email us at AR01andscaoeforms com.
Mail payments lo:
USD Checks
CAD Chequea
GBP Cheques
Landscape Forms, Inc.
Landscape Forms, Inc.
Landscape Forms Inc.
Dept 78073
PO Box 2408
PO Box 7731
PO Box 78000
Station A
1 Chaseside
Detroit, MI 48278 -0073
Toronto, Ontario M5W 2K6
Bournemouth, Doreset
USA
CAN
BH19WZ
UK
Page: 3 of 3
Ship Date:
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Our Warranty
Our Pledge
Landscape Forms, Inc. warrants all products (other than noted
exceptions) to be free from defects in material and /or workmanship
for a period of three years from date of invoice. Noted exceptions:
LED lighting products are warranted three years on metal parts and
painted finishes and six years or 50,000 operating hours (whichever
comes first) for the LED cartridge and Drive Circuit. Marketplace
umbrellas and Windmark chair cushions are warranted for one year.
This warranty does not apply to damage resulting from accident.
alteration, misuse, tampering, negligence, or abuse. Landscape
Forms, Inc. will. at its option, repair, replace. or refund the purchase
price of any items found defective upon inspection by an authorized
Landscape Forms, Inc. service representative.
Your complete satisfaction and future business are our goals. Standing
behind our prcducts has beer. a comerstone of our commitment
to quality and service since our founding in 1969. Our products
will satisfactorily perform their intended function, under normal
conditions, for many years. If you are ever dissatisfied with one of our
products, please contact us and let us demonstrate our commitment.
431 La1vr,cLa!e Avenue, ICJamaz , MI 45048 f?C042-0,E20M 269.381.3455 fd lm.0 2r tl S.C=