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HomeMy WebLinkAboutR-2013-134 Authorized the Purchase of a Shade Shelter for C.W. Thomas Park Playground not to exceed $39,180.00 from Shade Systems Inc. using pricing from St. John's County Contract Bid #11-60 RESOLUTION NO. 2013-134 A RESOLUTION OF THE CITY COMMISSION OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO PURCHASE A SHADE SHELTER FOR THE C.W. THOMAS PARK PLAYGROUND IN AN AMOUNT NOT TO EXCEED $39,180.00 FROM SHADE SYSTEMS INC., USING AVAILABLE PRICING PROVIDED BY ST. JOHN'S COUNTY CONTRACT BID NO. #11-60; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the city commission; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection(a), sets the monetary threshold or limitation at$25,000.00; and WHEREAS, the Recreation Director has determined that it is appropriate to purchase a shade shelter for improvement of the existing playground at C.W. Thomas Park; and WHEREAS, the Recreation Director has determined that such purchases can be made at the least cost to the City by purchasing such items from Shade Systems Inc., using available pricing from St. John's County Contract Bid No. 11-60, a copy of which is attached to this Resolution and made a part of it as Exhibit"A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the above whereas clauses are approved and incorporated into this Resolution by reference. Section 2. That the City Manager is authorized to pay Shade Systems Inc. an amount not to exceed $39,180.00 for delivery, installation and warranty of a shade shelter for the C.W. Thomas playground. Section 3. That the funding appropriations were planned for and are available in the City General Fund, Recreation Department, C.W. Thomas Park Division in the Infastructure Improvements Account,No. 001 7203 572 63 10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on November 12, 2013. ATTEST: LOUISE STILSON, CMC WALITERB. D KE,III CITY CLERK MAYOR APPROVED AS T, FO AND CORRECTNESS: 6 owa�aIs�kr A THOMAS J. ANSBRO 1 CITY ATTORNEY 2 RESOLUTION#2013-134 l�S x St. Johns County Board of County Commissioners r Purchasing Division .ADO RX CONTRACT AMENDMENT#2 April 29, 2013 Mr.Alan Bayman, President Shade Systems, Inc 4150 SW 19t'Street Ocala, FL 34474 RE: Bid No: 11-60; Park& Playground Equipment Contract Amendment #2 is hereby issued to amend the above referenced Contract Agreement as follows: 1. Contract Renewal Option#2 is hereby being exercised by St.Johns County. 2. The contract time is hereby extended from August 8,2013 for a period of one(1)year and shall expire midnight Eastern Standard Time(EST)August 7,2014. All park and playground equipment shall be supplied at the approved discount structures submitted by Shade Systems, Inc under Bid No: 11-60. No changes to the discount structures shall be granted by this Amendment. All work performed shall be in accordance with all terms, conditions and specifications of Bid No:11-60 and all terms and conditions of the original Contract Agreement dated August 8,2011 shall remain in full force and effect. Please sign below to indicate your acceptance of the amendments to the contract as shown above.This Contract Amendment shall become a part of the contract upon execution of all parties. rz,$.�- -" Accepted Date Signature of Cou Representative—Doug Timms,SJC Interim Purchasing Director Accepted 04 21 Date Signature of Contractor Repre tative Printed Name&Title -- End of Amendment#2 1 ; i 500 San Sebastian View, St.Augustine, FL 32084 1 P: 904.209.0150 F: 904.209.0151 www.sjcfl.us S CO St. Johns County Board of County Commissioners Cn • Purchasing Division 'r'LORX April 10, 2012 Mr. Alan Bayman, President Shade Systems, Inc 4150 SW 19th Street Ocala, FL 34474 RE: Bid No: 11-60; Park& Playground Equipment—Contract Amendment#1 Contract Amendment #1 is hereby issued to amend the above referenced Contract Agreement as follows: 1. Contract Renewal Option#1 is hereby being exercised by St.Johns County. 2. The contract time is hereby extended from August 8,2012 for a period of one(1)year and shall expire midnight Eastern Standard Time(EST)August 7,2013. All work shall be performed at approved Unit Prices submitted by Shade Systems, Inc under Bid No: 11- 60. No increases to Unit Prices shall be granted by this Amendment. Pricing shall remain firm throughout the duration of the contract agreement. All work performed shall be in accordance with all terms, conditions and specifications of Bid No:11-60 and all terms and conditions of the original Contract Agreement dated August 8,2011 shall remain in full force and effect. Please sign below to indicate your acceptance of the amendments to the contract as shown above.This Contract Amendment shall become a part of the contract upon execution of all parties. Accepted Date Signature o unty Representative—Joe Burch,SJC Purchasing Director Accepted ��17 '�2 Date Signature of C tractor Representative MAIM Rots &crowd- Smgtct Maier Printed Name&Title End of Amendment#1 2446 Dobbs Road, St.Augustine, FL 32086 1 P: 904.209.0150 1 F:904.209.0151 www.sjcfl.us S CO x MASTER CONTINUING CONTRACT AGREEMENT Approval(Initial&Date): Bid No: 11-60; Park&Playground Equipment for Drafted B SJC Parks&Recreation Department Approved B Master Contract#11-MCC-SHA-02059 1�R�0 This Contract is made as of this day of 2011, by and between St. Johns County, FL, 500 San Sebastian Way, St.Augustine, FL 32084,hereinafter referred to as the"COUNTY", and Shade Systems,Inc to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR", whose address is 4150 SW 19,h Street,Ocala,FL 34474 and whose Phone: (800)609-6066 and Fax: (352)237-2256. In consideration of the mutual promises contained herein,the COUNTY and the CONTRACTOR agree as follows: ARTICLE I - SERVICES A. The CONTRACTOR's responsibility under this Contract is to provide all labor, materials, and equipment necessary to provide park and playground equipment and perform installation Services as needed in accordance with Bid# 11-60 Contract Documents. B. The Contract Documents shall collectively include this Contract and any amendments hereto; the Bid Documents; Bid Forms; Addenda; Specifications; and any and all Change Orders along with any Amendments thereto executed by the parties. C. Services provided by the CONTRACTOR, shall be under the general direction of the COUNTY's Assistant Director of Parks & Recreation Department, or duly authorized designee, who shall act as the COUNTY'S representative for the duration of this Contract. ARTICLE 2-SCHEDULE The CONTRACTOR shall perform the Services required under this Contract according to the schedule approved by the COUNTY. Any changes to the schedule shall be approved by the COUNTY and the CONTRACTOR prior to any work being done under an alternate schedule. ARTICLE 3-PAYMENTS TO CONTRACTOR A. The CONTRACTOR shall bill the COUNTY for Services satisfactorily performed, and materials satisfactorily delivered, after the materials and Services have been provided. Amounts paid to the CONTRACTOR shall be based on the approved Unit Prices submitted on the Official County Bid Form. B. Invoices received from the CONTRACTOR pursuant to this Contract shall be reviewed and approved by the initiating County department, indicating that Services have been rendered in the conformity with the Contract and shall be sent to the Finance Department for payment. Invoices must reference this contract against which the CONTRACTOR is billing. C. FINAL INVOICE: In order for both parties herein to close their books and records, the CONTRACTOR shall clearly state "final invoice" on the CONTRACTOR's final/last billing to the COUNTY. This indicates that all Services have been performed and all charges and costs have been invoiced to St. Johns County and there is no further work to be performed. ARTICLE 4—TRUTH-IN-NEGOTIATION CERTIFICATE The signing of this Contract by the CONTRACTOR shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and cost used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract. The said rates and costs shall be reduced to exclude any significant sums should the COUNTY determine that the rates and costs were increased due to inaccurate, incomplete or non-current wage rate, or due to inaccurate representations of fees paid to outside subcontractors.The COUNTY may exercise its rights under this Article 4 within eighteen(18)months following final payment. 1 ARTICLE 5—TERMINATION This Contract may be terminated by the CONTRACTOR upon 30 days' prior written notice to the COUNTY in the event of substantial failure by the COUNTY to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. Failure on the part of the CONTRACTOR to comply with any portion of the duties and obligations under this Contract Agreement shall be cause for termination. The Contract may be terminated by the COUNTY for cause upon giving thirty (30) days written notice stating the cause(s) of non-compliance and that the Contract Agreement shall be terminated if corrections are not made to comply with the Contract. The CONTRACTOR shall have three (3) days to correct non-compliance items after receiving written notice of non-compliance or breach of contract.The Contract may be terminated by the COUNTY without cause upon thirty(30)days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for Services rendered to the COUNTY'S satisfaction through the date of termination. After receipt of a Termination Notice, except as otherwise directed by the COUNTY,the CONTRACTOR shall: A. Stop work on the date to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process,completed work,and other material related to the terminated work to the COUNTY. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 6-PERSONNEL The CONTRACTOR represents that it has,or shall secure at its own expense,all necessary personnel required to perform the Services under this Contract. Such personnel shall not be employees of, or have any contractual relationship with,the COUNTY. All of the Services required hereunder shall be performed by the CONTRACTOR,or under its supervision. All personnel engaged in performing the Services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Services. Any changes or substitutions in the CONTRACTOR'S key personnel must be made known to the COUNTY'S representative and written approval granted by the COUNTY before said change or substitution shall become effective. The CONTRACTOR warrants that all Services shall be performed by skilled and competent personnel to the highest professional standards in the field. ARTICLE 7-SUBCONTRACTING The COUNTY reserves the right to accept the use of a subcontractor, or to reject the selection of a particular subcontractor,and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly the work described in this Contract. The CONTRACTOR is encouraged to seek minority and women business enterprises for participation in subcontracting opportunities. If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion,the CONTRACTOR shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY. ARTICLE 8-FEDERAL AND STATE TAX The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY shall sign an exemption certificate submitted by the CONTRACTOR. The CONTRACTOR shall not be exempted from paying tax to their suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. The CONTRACTOR shall be responsible for payment of his/her own FICA and Social Security benefits with respect to this Contract. 2 ARTICLE 9-AVAILABILITY OF FUNDS The obligations of the COUNTY under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of St.Johns County. ARTICLE 10-INSURANCE A. The CONTRACTOR shall not commence work under this Agreement until he/she has obtained all insurance required under this paragraph and such insurance has been approved by the COUNTY. B. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida.The CONTRACTOR shall furnish Certificates of Insurance to the COUNTY for review and approval prior to the execution of the contract.The Certificates shall provide for the following: • The COUNTY shall be named as additional insured on both the General Liability and Auto Liability policies. • The COUNTY shall be given thirty(30)days notice prior to cancellation or modification of any stipulated insurance. • The COUNTY Bid No.and Project Name shall be stated on the certificate. C. Insurance Requirements 1) Workers' compensation — to meet statutory limits in compliance with the Workers Compensation Law of Florida. This policy must include Employer Liability with a limit of$100,000 for each accident, $500,000 disease policy limit and$100,000 disease each employee limit. 2) Commercial general liability — coverage shall provide minimum limits of liability of $1,000,000 per occurrence,$2,000,000 Aggregate, for bodily injury and property damage. This shall include coverage for: a. Premises/operations b. Products/complete operations c. Contractual liability d. Independent CONTRACTORS 3) Business auto liability — coverage shall provide minimum limits of liability of $100,000 per occurrence, $300,000 aggregate for bodily injury and property damage.This shall include coverage for: a. Owned autos b. Hired autos c. Non-owed autos Special Requirements 1) Prior to execution of a contract, a certificate of insurance shall be provided that shall provide for the following: a. The COUNTY shall be named as additional insured on the commercial general liability, business auto liability and Umbrella/Excess Liability policies. b. Shall note Bid No: 11-60;Park &Playground Equipment for SJC Parks&Recreation c. The COUNTYshall be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. 2) It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. 3) It should be remembered that these are minimum requirements which are subject to modification in response to high hazard operations. In the event of unusual circumstances,the County Administrator of his designee may adjust these insurance requirements. ARTICLE 11-INDEMNIFICATION The CONTRACTOR shall indemnify and hold harmless the COUNTY, its officers and employees, from all claims, liabilities, damages, losses, and costs(including attorneys' fees), originating from, incident to, connected with, associated with or growing out of the direct and/or indirect negligent, reckless, or intentional acts or omissions by the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Contract. 3 ARTICLE 12-SUCCESSORS AND ASSIGNS The COUNTY and the CONTRACTOR each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the COUNTY nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other.Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY, which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the CONTRACTOR. ARTICLE 13-REMEDIES No remedy herein conferred upon any party is intended to be exclusive, or any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or nor or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or further exercise thereof. In any action brought by either party for the enforcement of the obligations of the other party,the prevailing party shall be entitled to recover reasonable attorney's fees. ARTICLE 14-CONFLICT OF INTEREST The CONTRACTOR represents that it presently has no interest and shall acquire no interest, either directly or indirectly, which would conflict in any manner with the performance of Services required hereunder. The CONTRACTOR further represents that no person having any interest shall be employed for said performance. The CONTRACTOR shall promptly notify the COUNTY in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance, which may influence or appear to influence the CONTRACTOR'S judgment or quality of Services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance,the nature of work that the CONTRACTOR may undertake and request an opinion of the COUNTY,whether such association, interest,or circumstance constitutes a conflict of interest if entered into by the CONTRACTOR. The COUNTY agrees to notify the CONTRACTOR of its opinion by certified mail within 30 days of receipt of notification by the CONTRACTOR. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONTRACTOR, the COUNTY shall so state in the notification and the CONTRACTOR shall, at his/her option enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to Services provided to the COUNTY by the CONTRACTOR under the terms of this Contract. ARTICLE 15-EXCUSABLE DELAYS The CONTRACTOR shall not be considered in default by reason of any delay in performance if such delay arises out of causes reasonably beyond the CONTRACTOR'S control and without its fault or negligence. Such cases may include, but are not limited to: acts of God;the COUNTY'S ommissive and commissive failures; natural or public health emergencies; freight embargoes;and severe weather conditions. If delay is caused by the failure of the CONTRACTOR'S subcontractor(s)to perform or make progress, and if such delay arises out of causes reasonably beyond the control of the CONTRACTOR and its subcontractor(s)and is without the fault or negligence of either of them,the CONTRACTOR shall not be deemed to be in default. Upon the CONTRACTOR'S request, the COUNTY shall consider the facts and extent of any delay in performing the work and, if the CONTRACTOR'S failure to perform was without its fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the COUNTY'S right to change, terminate,or stop any or all of the Work at any time. 4 ARTICLE 16-ARREARS The CONTRACTOR shall not pledge the COUNTY'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 Contract. ARTICLE 17-DISCLOSURE AND OWNERSHIP OF DOCUMENTS The CONTRACTOR shall deliver to the COUNTY for approval and acceptance, and before being eligible for final payment of any amounts due,all documents and materials prepared by and for the COUNTY under this Contract. All written and oral information not in the public domain, or not previously known, and all information and data obtained, developed,or supplied by the COUNTY, or at its expense, shall be kept confidential by the CONTRACTOR and shall not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent, unless required by a lawful order. All drawings, maps, sketches, and other data developed, or purchased under this Contract, or at the COUNTY'S expense, shall be and remains the COUNTY'S property and may be reproduced and reused at the discretion of the COUNTY. The COUNTY and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes(Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to, any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. ARTICLE 18-INDEPENDENT CONTRACTOR RELATIONSHIP The CONTRACTOR is, and shall be, in the performance of all work Services and activities under this Contract, an Independent CONTRACTOR, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or Services performed pursuant to this Contract shall at all times and in all places be subject to the CONTRACTOR'S sole direction,supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONTRACTOR'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent CONTRACTOR and not as employees or agents of the COUNTY. The CONTRACTOR does not have the power or authority to bind the COUNTY in any promise, agreement or representation other than specifically provided for in this agreement. ARTICLE 19-ACCESS AND AUDITS The CONTRACTOR shall maintain adequate records to justify all charges,expenses,and costs incurred in performing the work for at least three(3)years after completion of this Contract.The COUNTY shall have access to such books,records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the COUNTY'S cost, upon five(5)days written notice. ARTICLE 20-CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 21-NONDISCRIMINATION The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race,color,religion, physical handicap,sex,age or national origin. 5 ARTICLE 22-ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CONTRACTOR agree that this contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This contract shall be in effect for an initial one(1)year period from the date of acceptance by the COUNTY, and may be renewed for up to a maximum of three(3) one (1) year renewal periods upon satisfactory performance by the CONTRACTOR, mutual agreement by both parties, and the availability of funds. None of the provisions, terms and conditions contained in this contract may be added to, modified,superseded,or otherwise altered,except by written instrument executed by the parties hereto. ARTICLE 23—DURATION AND EXTENSION This Contract shall be effect for an initial one(1)year period from the day of acceptance by the County, may be renewed for up to a maximum of three (3) one (1) year renewal periods upon satisfactory performance by the CONTRACTOR, mutual agreement by both parties, and the availability of funds. While this Contract may be renewed stated in this Article, it is expressly noted that the County is under no obligation to extend this Contract. It is further expressly understood that the option of extension is exercisable only by the County, and only upon the County's determination of satisfactory performance of the Services in this Contract. ARTICLE 24—ENFORCEMENT COSTS If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all reasonable expenses even if not taxable as court costs (including, without limitation, all such reasonable fees, costs and expenses incident to appeals), incurred in that action or proceedings, in addition to any other relief to which such party or parties may be entitled. ARTICLE 25-AUTHORITY TO PRACTICE The CONTRACTOR hereby represents and warrants that it has and shall continue to maintain all license and approvals required to conduct its business,and that it shall at all times,conduct its business activities in a reputable manner. ARTICLE 26-SEVERABILITY If any term or provision of this Contract, or the application thereof to any person or circumstances shall,to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such items or provision,to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 27-AMENDMENTS AND MODIFICATIONS No amendments or modifications of this Contract shall be valid unless in writing and signed by each of the parties. The COUNTY reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the COUNTY'S notification of a contemplated change, the CONTRACTOR shall: (1) if requested by the COUNTY, provide an estimate for the increase or decrease in cost due to the contemplated change; (2) notify the COUNTY of any estimated change in the completion date; and (3) advise the COUNTY in writing if the contemplated change shall effect the CONTRACTOR'S ability to meet the completion dates or schedules of this Contract. If the COUNTY instructs in writing, the CONTRACTOR shall suspend work on that portion of the project, pending the COUNTY'S decision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall issue a Change Order for changes,or a contract change order, if the original contract is be changed or amended the CONTRACTOR shall not commence work on any such change until such written change order has been issued and signed by each of the parties. 6 ARTICLE 28—ENUMERATION OF CONTRACT DOCUMENTS The Contract Documents shall include Bid Documents/Specifications,Addendum# 1 &2, and the CONTRACTOR's Bid Proposal,except for modifications issued after execution of this Agreement,which shall be enumerated on Amendment(s) or Change Order(s). ARTICLE 29-FLORIDA LAW&VENUE This Contract shall be construed according to the laws of the State of Florida. Venue for any administrative and/or legal action arising under this Contract shall be in St.Johns County,Florida. ARTICLE 30-ARBITRATION The COUNTY shall not be obligated to arbitrate or permit any arbitration binding on the COUNTY under any of the Contract Documents or in connection with the project in any manner whatsoever. ARTICLE 31 -NOTICES All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the COUNTY shall be mailed to: St.Johns County Purchasing Department Attn: Joe Burch,Purchasing Director 2446 Dobbs Road St.Augustine,FL 32084 and if sent to the CONTRACTOR shall be mailed to: Shade Systems,Inc Attn: Mr.Alan Bayman,President 4150 SW19th Street Ocala, FL 34474 ARTICLE 32-HEADINGS The heading preceding the several articles and sections hereof are solely for convenience of reference and shall not constitute a part of this Contract,or affect its meaning,construction or effect. ARTICLE 33—ACCESS TO RECORDS The access to, disclosure, non-disclosure, or exemption of records, data, documents, correspondence, and/or materials associated with this Contract shall be subject to the applicable provisions of the Florida Public Records Law(Chapter 119, Florida Statues),and other applicable State or Federal law. Access to such public records, may not be blocked, thwarted, and/or hindered by placing the public records in the possession of a third party,or an unaffiliated party. ARTICLE 34—NO THIRD PARTY BENEFICIARIES Both the COUNTY and the CONTRACTOR explicitly agree, and this Contract explicitly states that no third party beneficiary status or interest is conferred to,or inferred to,any other person or entity. ARTICLE 35—USE OF COUNTY LOGO Pursuant to, and consistent with, County Ordinance 92-2 and County Administrative Policy 101.3, the CONTRACTOR may not manufacture, use, display, or otherwise use any facsimile or reproduction of the County Seal/Logo without express written approval of the Board of County Commissioners of St.Johns County, Florida. 7 ARTICLE 36—SURVIVAL It is explicitly noted that the following provisions of this Contract, to the extent necessary, shall survive any suspension, termination, cancellation, revocation, and/or non-renewal of this Contract, and therefore shall be both applicable and enforceable beyond any suspension, termination, cancellation, revocation, and/or non-renewal: 1) Article 4 (Truth-in- Negotiation); 2)Article 8 (Federal and State Taxes); 3)Article 10(Insurance);4)Article I 1 (Indemnification); 5)Article 20(Access and Audits); 6)Article 24(Enforcement Costs);and 7)Article 33 (Access to Records). IN WITNESS WHEREOF, the Board of County Commissioners of St.Johns County, Florida has made and executed this Contract on behalf of the COUNTY and CONTRACTOR has hereunto set his/her hand the day and year above written. --------------------- ST.JO S COUNTY,FL: CONTRACTOR: Shade Systems,Inc Joe ch, Purchasing Director Company Name Date of Execution Name( or Print) ATTEST: C YL STRICKLAND,CLERK Signature' Title Deputy rk ( + 7. 7.11 '1 Date of Execution Date of Execution LEGALLY SUF7FKY. WITNESS: istant do6ty Attorney S gnature Z' 12 1-/// - =44M ly 1`211,6a;1- Da a of xecution Nami Type or Print) -742&"</ Date of Execution L... L 8 EXIMIT"A" BID NO: 11-60;Park&Playground Equipment for SJC Parks&Recreation BASIS OF COMPENSATION Basis of compensation shall be made in accordance with the Discounted Catalog Pricing as submitted on the "Official Total Bid Form" in the Bid Documents. All fees shown in the Price Schedule shall include all direct costs, indirect costs, and reimbursable expenses necessary to complete the scope of work. Requests for additional Services or additional line items shall be submitted in writing and approved by St. Johns County prior to any work being implemented and shall be added to the applicable Contract Amendment. Price adjustments shall be considered on an annual basis at the time of contract renewal and must be mutually accepted by both the CONTRACTOR and the COUNTY. Price adjustment requests shall be based upon the Consumer Price Index (CPI) in affect at the time of renewal. All accepted and approved price adjustments shall become effective after the beginning of the applicable renewal period. 9 EXHIBIT"A-1" BID NO: 11-60;Park&Playground Equipment for SJC Parks& Recreation PRICING The CONTRACTOR shall be paid by the County for Services satisfactorily performed according to the approved Discounted Catalog Pricing submitted on the Official County Bid Form for each vendor/manufacturer represented by the CONTRACTOR. The vendors/manufacturers represented by the CONTRACTOR are listed below along with the approved discount,days for delivery,and installation pricing submitted for each vendor. Catalog Fixed %Discount: 25% Days for Delivery ARO: 45 Shipping Charges per 1001bs: No Charge Installation Prices: A.Fixed %of Cost of Equipment Ordered: 120% B.Fixed %of Weight of Equipment Shipped: N/A C.Propose price at time of order: Yes 10 EXHIBIT `B" Bid No: 11-60; Park&Playground Equipment for SJC Parks&Recreation CONTRACT SCHEDULE The Contract Period for this scope of work shall be as follows: Initial Contract — Shall be for a tenn of one (1) year from the date of acceptance by the County, or until funds may become exhausted. Contract RenewaUs—The contract may be renewed for three(3),one(1)year terms upon satisfactory performance by the CONTRACTOR, mutual agreement by all parties, the availability of funds and the continued need of the County for Services. 11 ShadeAA , O,V pa(muma. 4150 S.W.19 Street-Ocala,FL 34474-Tel:14=-609-6068-FAx:352-237-2256-www.shadesystemsinc.com PRICES FOR STANDARD SHADE SYSTEMS Pdoa List No.010111E (off.01/01/11E) Ship Wt 13hipWtlShip YVt Model il! W x L V high 10-high 12-high 14'high (Nn up to (Un for (Ibs for 1W high) 121 14� SQUARES. S1010 10 x 10 3,995 4,261 n/a n/a 691 n/a Na S1212 12 x 12 $ 4,128 $ 4,395 n/a Na 704 n/a n/a S1515 15 x 15 $ 4,261 $ 4,528 n/a n/a 782 n/a n/a S2020 20 x 20 $ 5,061 $ 5,328 5,861 n/a 841 1,739 n/a S2525 25 x 25 $ 7,595 $ 7,995 8,395 8,928 1,992 2,232 2,472 S3030 30 x 30 $ 10,661 $ 11,328 11,995 12,661 2,292 2,532 2,772 S3535 35 x 35 $ 14,661 $ 15,328 16,261 16,928 2,554 3,328 3,568 S4040 40 x 40 $ 18,661 $ 19,461 20,261 21,328 2,993 3,353 3,713 S4545 45 x 45 $ 25,328 $ 26,128 26,928 27,728 3,914 4,154 4,394 S5050 50 x 50 $ 30,661 $ 31,995 33,328 36,795 4,274 4,553 5,868 S6060 1 60 x 60 $ 38,661 1 $ 39,9951 41,3281 43,3281 6,5691 6,9621 7,356 RECTANGLES. R1015 10 x 15 4,128 4,528 n/a n/a 755 n/a n/a R1020 10 x 20 4,395 4,661 n/a n/a 782 n/a n/a R1520 15 x 20 4,795 5,061 5,328 We 810 1,708 We R0830 8 x 30 5,328 5,595 n/a n/a 746 n/a n/a R1530 15 x 30 6,661 6,928 7,328 n/a 1,582 1,774 n/a R1225 12 x 25 5,461 5,728 6,261 We 827 918 NO R1425 14 x 25 5,861 6,128 6,661 Na 838 929 n/a R1825 18 x 25 6,661 6,928 7,461 n/a 1,566 1,758 n/a R2025 20 x 25 6,928 7,195 7,728 n/a 1,577 1,769 n/a R2030 20 x 30 7,995 8,395 8,795 9,328 1,610 1,802 1,994 R2035 20 x 35 9,328 9,595 10,128 10,661 1,644 1,836 2,028 R2040 20 x 40 11,995 12,661 13,461 14,395 1,682 1,874 2,086 R2540 25 x 40 13,328 13,995 14,795 15,995 2,134 2,326 3,295 R3035 30 x 35 13,728 14,528 15,328 16,661 2,124 2,316 3,286 R3040 30 x 40 14,661 15,461 16,7% 17,595 2,200 3,083 3,361 R3045 30 x 45 15,461 16,795 17,728 18,661 2,274 3,157 3,436 R3050 30 x 50 15,995 16,928 17,861 18,795 2,953 3,232 3,510 R3550 35 x 50 17,328 18,261 19,328 20,261 3,024 3,302 3,581 R4050 40 x 50 20,661 21,595 22,528 23,461 4,018 4,296 4,574 R4055 40 x 55 23,328 24,528 25,728 26,928 4,154 4,433 4,711 R4060 40 x 60 27,995 29,328 30,661 35,995 4,292 4,571 5,886 R5060 1 50 x 60 34,128 35,728 37,328 38,9281 4,5321 5,7321 6,126 SHADE DOTES: T/14'posts V/16 posts 9-/1T posts 1(mv posts SK1515 15 x 15 $ 6,661 $ 7,061 n/a Na 962 n/a n/a SK1818 18 x 18 7,728 8,528 9,195 n/a 1,243 1,710 n/a SK2020 20 x 20 8,395 8,928 9,595 10,395 1,443 1,736 1,928 SK2525 25 x 25 10,661 11,195 11,728 12,261 2,084 2,324 2,564 SK3030 30 x 30 12,7951 13,5951 14,3951 15195 2,392 2,632 2,872 HEXAGONS. H16 16dia. $ 7,995 $ 8,528 $ 9,061 n/a 1,109 1,187 n/a H2O 20 dia. 9,328 9,861 10,395 We 1,152 1,289 n/a H25 25 dia. 10,661 11,195 11,728 n/a 1,211 1,348 2,845 H27 27dia. 11,461 11,995 12,528 n/a 1,235 1,372 2,869 H30 30 dia. 11,995 13,328 14,128 n/a 1,272 2,618 2,906 H35 35 dia. 17,328 18,661 19,995 n/a 2,395 2,683 2,971 H40 40 dia. 29,328 30,661 31,995 Na 3,572 3,692 4,084 H45 45 dia. 31,995 33,328 34,661 n/a 4,684 5,020 5,260 H50 1 50 dia. 1 35,9951 37,3281 38,661 1 39,9961 5,6831 5,9231 6163 OCTAGONS. 025 25 dia. 10,661 11,461 12,261 13,061 1,598 1,781 1,963 027 27dia. 12,795 14,128 15,195 16,261 1,628 3,424 3,808 030 30 dia. 14,861 15,995 17,328 18,661 3,085 3,469 3,853 033 33dia. 17,328 18,661 19,995 21,328 3,132 3,516 3,900 035 35 dia. 21,328 22,661 23,995 25,328 3,164 3,548 3,708 040 40 dia. 33,328 34,661 35,995 37,328 4,286 4,446 4,606 045 45 dia. 35,995 37,328 38,661 39,995 5,620 5,940 6,260 050 1 50 dia. 1 39,995 1 41,328 1 42,661 1 45,328 1 6,820 1 7140 1 7 460 ShadeA 4150 S.W.19 Street-Ocala,FL 34474-Tel:14WO-609-6066-FAX:352-237-2256-www.shadesystemsinc.com PRICES FOR STANDARD SHADE SYSTEMS Price List No.010111E (off.01/01/11 E) Ship Wt I Ship Wt Ship Wt Modell 8 W x L 8'high 10'high 12'high 14'high (lbs up to (lbs for (Ibs for 1W high) 121 14� T-CANTILEVERS: TC0818 8 x 18 $ 6,128 $ 6,395 $ 6,661 Na 723 1,048 Na TC1218 12 x 18 6,661 6,928 7,328 Na 1,048 1,128 Na TC1225 12 x 25 7,328 7,728 8,128 Na 1,092 1,172 Na TC1230 12 x 30 7,728 8,128 8,528 Na 1,120 1,200 Na TC1430 14 x 30 8128 8,528 8,928 Na 1,170 1.250 Na SINGLE CANTILEVERS: SC1920 1 19 x 20 $ 8,395 $ 8,661 $ 9,461 Na 1,907 2,099 Na SC1925 19 x 25 9,328 9,861 10,528 Na 1,934 2,126 Na SC1930 19 x 30 10128 10,661 11 328 Na 19 2164 Na DOUBLE CANTILEVERS: DC3820 1 38 x 20 $ 14,661 15,461 $ 16,261 Na 2,634 2,826 Na DC3825 38 x 25 15,995 15,463 16,263 Na 2,677 2,869 n DC3830 38 x 30 17,328 15,464 16,264 Na 2,732 2,924 Na DOUBLE POST HP CANTILEVER: HC1422 1 14 x 22 $ 3 995 $ 4128 Na I Na 1 686 Na I Na SHADE WALIG SWO815 8 x 15 $ 4,261 4,528 Na Na 850 Na Na SWO820 8 x 20 5,461 5,728 Na Na 1,035 Na Na SWO830 8 x 30 6,128 6,395 Na Na 1,140 Na Na SW1015 10 x 15 4,795 5,061 Na Na 858 Na Na SW1020 10 x 20 5,995 6,261 Na Na 1,195 Na Na SW 1030 10 x 301 6,661 6,928 Na I Na 1 1,290 Na Na SINGLE POST PYRAMIDS: SP0808 8 x 8 $ 3,328 3,461 Na Na 404 Na Na SP1010 10 x 10 3,461 3,595 Na Na 424 Na Na SP1212 12 x 12 3,595 3,728 Na Na 446 Na Na SP1414 14 x 14 3,728 3,861 Na Na 468 Na Na SP1515 15 x 15 3,861 3,995 Na Na 478 Na Na OFFSET SINGLE POST PYRAMIDS: OSP0808 8 x 8 $ 3,995 $ 4,128 Na Na 424 Na Na OSP1010 10 x 10 4,128 4,261 Na Na 444 n/a r OSP1212 12 x 12 4,261 4,395 n/a Na 466 Na Na OSP1515 15 x 15 4,528 4,661 Na Na 498 Na Na SINGLE POST UMBRELLAS. U16 16dia. $ 3,595 $ 3,728 Na I Na 1 720 Na I Na U18 18 dia. 3,861 3,995 Na Na 840 Na Na U20 20 dia. 4,128 4,261 Na Na 960 Na Na OFFSET SINGLE POST UMBRELLAS. OU16 16dia. $ 3,995 $ 4,128 Na Na 1 815 Na Na OU18 18 dia. 4,261 4,395 Na Na 950 Na Na OU20 20 dia. 4,395 4,661 Na Na 1,165 Na Na CAFE UMBRELLAS: Price Wei ht GS1010S Ca%Umbrella,Single,Shade Fabric $ 6,66 932 CS101OW Cafe Umbrella,Single,Waterproof Fabric 6,661 932 CD1020S Caftb Umbrella,Double,Shade Fabric 12,261 1,540 CD102OW Caf4 Umbrella,Double,Waterproof Fabric 12,261 1,540 CHS14S Cafiil Umbrella,14'dia.Hexagon,Single,Shade Fabric 7,328 1,022 CHS14W Cafe Umbrella, 14'dia.Hexagon,Single,Waterproof Fabric 7,328 1,022 CHD14S Caf6 Umbrella, 14'dia.Hexagon,Double,Shade Fabric 13,195 1,640 CHD14W Caf6 Umbrella, 14'dia.Hexagon,Double,Waterproof Fabric 13195 1,640 NOTES: Pikes are In U.S.daNam,F.O.B.Ocala.Fbdda,U.S.A.,and are&A%d to change at any Ow**baud notice. Pobes da not lndrrde arty eng ns-sted drawmps,iratelefion,or texas. Waiphfa ere app-*nfife and may vary.He9ft shown are stated ea entry height(height of eaves).A/pnces indrrde powdercoated fiNah on metal components in standard Shads Systems cobra as shown in our cafebg.Add OW 00 per s ooW cdoc Please add$480.00 for teo-Awre fabric paftars.