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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: CW a. eT4BS aaR: Elena AlYSm Re,: 14ami-LV flA ele Purchaser eene� land scapeformsa 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=