The URL can be used to link to this page

Home My WebLink AboutAgreement for Goods and Services - Special OMNIA Purchase for Shade Structures and Playground – Recreation Insites LLC ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS December 14, 2021 Ms. Melissa Guffey Recreation Insites LLC 12237 Westmoreland Dr. Fishers, IN 46037 melissag@recreationinsites.com RE: Agreement for Goods and Services Dear Ms. Guffey: At its December 14, 2021 meeting, the Board of Public Works approved the above referenced agreement for a special OMNIA purchase for shade structures and playground equipment for the Southeast Neighborhood Center (United Way), Project No. 119-093 in the amount of $101,246.60 for the Playground Equipment and $81,119.55 for the Shades with a total amount of $182,366.15. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Laura Hensley/Acting Clerk Enclosures 1 AGREEMENT FOR GOODS AND SERVICES This Agreement for goods and services (this “Agreement”) is entered into on December 14, 2021 (the “Effective Date”), by and between the City of South Bend, acting by and through its Board of Public Works (the “City”), and Recreation Insites, a limited liability corporation, with its Principal place of business located at 12237 Westmorland Drive, Fishers, Indiana (the “Provider”) (each a “Party” and collectively the “Parties”). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Goods and Services. The Provider will provide to the City the goods and services (“Goods and Services”) set forth in the Provider’s proposal attached hereto as Exhibit A (the “Proposal”), which Proposal is incorporated herein. In the event of any conflict between the terms of this Agreement and the terms of the Proposal, the terms of this Agreement will prevail. 2. Compensation. In exchange for the Goods and Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider the fee stated in the Proposal (the “Contract Amount”) in accordance with the project budget stated in the Proposal. The City will pay the Contract Amount in installments upon invoicing by the Provider as set forth in the Proposal (each a “Contract Installment”). The City will not be required to pay any Contract Installment if any material default or breach of this Agreement by the Provider exists. The sum of all Contract Installments will not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any expenses in excess of the terms and conditions stated in the Proposal. 3. Term; Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end upon the Provider’s satisfaction of all its obligations hereunder and the City’s final payment therefor. 4. Remedies for Breach of Contract. Failure to provide the Goods and Services in accordance with this Agreement will be considered a material breach. In the event of such breach, the City may suspend all payments to the Provider and may pursue any and all remedies available at law or in equity. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services. 5. Point of Contact. The City employee identified in Section 9 below will serve as the City’s principal point of contact for purposes of this Agreement. 6. Relationship. The Provider shall at all times be an independent contractor for all services performed and goods supplied rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm’s length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or 2 partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 7. Indemnification of City. The Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Provider under this section shall survive the termination of this Agreement. 8. Assignment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 9. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: Recreation Insites 12237 Westmorland Drive Fishers, IN 46037 Attn: Melissa Guffey City City of South Bend Dept. of Public Works 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Attn: Zach Hurst, PE 10. Equal Opportunity; Non-Discrimination; Compliance. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 11. Drug-Free Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug-free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 12. Entire Agreement; Amendment; Applicable Law. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature 3 between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana, and any dispute arising out of this Agreement or otherwise concerning the Provider’s rendering of the Services will be resolved in the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to a different method of dispute resolution. 13. Severability. All provisions of this Agreement shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this Agreement, in which case the Provider and the City agree to amend this Agreement with replacement provisions containing mutually acceptable terms and conditions. 14. Force Majeure. The Provider shall not be responsible for any failure or delay in the performance of any obligation hereunder, if such failure or delay is due to a cause beyond the Provider’s reasonable control, including, but not limited to acts of God, flood, fire, volcano, war, third-party suppliers, labor disputes or governmental acts. 15. Counterparts. This Agreement may be executed in two or more counterparts, each of which when executed shall be deemed an original, but all of which together shall constitute one and the same agreement. [Signature page follows.] December 14, 2021 EXHIBIT A Proposal [See attached] City of South Bend Parks & Recreation =DFK+XUVW 227 West Jefferson Blvd South Bend, IN 46601 Sales Representative Recreation inSites Quote No. Document Date SP81430-18 /2/2021 Sales Proposal Expiration Date //2021 Project Name US264630 United Way St Joseph County Customer No. C020866 E-Mail Sales Support psc@Kompan.com Jonathan Renner No. Description Qty Unit Unit Price Discount % Net Price Omnia Partners Contract #2017001135 TODDLER AREA MOM-CUSTOM MSV60100 VARIANT - MOM162060 1 Pieces 4,560.00 10.00 4,104.00 Sand Color, SM 162060 NRO-CUSTOM NRO610-1021, COLOR VARIANT 897381 1 Pieces 5,650.00 10.00 5,085.00 Green Roof, IG100 897381 MSC-CUSTOM MSC-CUSTOM 680490, Plastic Slide 1 Pieces 5,500.00 10.00 4,950.00 Dark Green Panels, Brown posts, IG 680490 NRO-CUSTOM NRO612-1001 - Color variant 897380 1 Pieces 1,970.00 10.00 1,773.00 Green and Gray Paneling, IG 897380 PCMS-CUSTOM PCMS-CUSTOM Variant 722280 1 Pieces 2,800.00 10.00 2,520.00 722280 Custom Platform PRESCHOOL AREA CRE797101-0001 CLIMBING GRIP at embankment 12 Pieces 630.00 10.00 6,804.00 with anchor, red KOMPAN, INC. | 605 W Howard Lane Ste 101 | Austin, TX 78753 | USA | Phone No. 1-800-426-9788 E-Mail Contact@KOMPAN.com | www.KOMPAN.us | SWIFT Code NDEAUS3N (Nordea Bank, NY | Bank Account No. USD 718 155 3001 | Routing No. 026010786) Page 1 of 4 City of South Bend Parks & Recreation =DFK+XUVW 227 West Jefferson Blvd South Bend, IN 46601 Sales Representative Recreation inSites Quote No. Document Date SP81430-18 /2/2021 Sales Proposal Expiration Date //2021 Project Name US264630 United Way St Joseph County Customer No. C020866 E-Mail Sales Support psc@Kompan.com Jonathan Renner No. Description Qty Unit Unit Price Discount % Net Price PCMS-CUSTOM PCM-CUSTOM 723772 1 Pieces 3,380.00 10.00 3,042.00 Dbl Gray Slide and Dark Green panels, IG 723772 PCMS-CUSTOM PCMS-CUSTOM Variant 722280 1 Pieces 2,800.00 10.00 2,520.00 722280 Custom Platform ID Sculptures US-IDS-CUSTOM TC032 - Caterpillar Papilio 1 Pieces 8,982.00 5.00 8,532.90 US-IDS-CUSTOM AP005 - Charlotte's Web 1 Pieces 16,964.00 5.00 16,115.80 US-IDS-CUSTOM AP015 - Log Traverse 1 Pieces 14,957.00 5.00 14,209.15 US-IDS-CUSTOM CB060 - Mister Rock 1 Pieces 12,800.00 5.00 12,160.00 US-IDS-CUSTOM SF002-LMD - Stepping Forms Medium Log 6 Pieces 807.50 5.00 4,602.75 US-TPP-CUSTOM Water Feature - Component Intergration 1 Pieces 800.00 5.00 760.00 US-TPP-CUSTOM Water Feature - Mister 20-7011 2 Pieces 170.00 5.00 323.00 Most Dependable Fountain Item US-TPP-CUSTOM SE 600 SM - Sensored Handwash 2 Pieces 4,938.46 5.00 9,383.07 600 SM Dual Handwash attached heady duty SS hand soap with 1 bag, Zinc coated FREIGHT Freight 1 Pieces 4,361.93 4,361.93 KOMPAN, INC. | 605 W Howard Lane Ste 101 | Austin, TX 78753 | USA | Phone No. 1-800-426-9788 E-Mail Contact@KOMPAN.com | www.KOMPAN.us | SWIFT Code NDEAUS3N (Nordea Bank, NY | Bank Account No. USD 718 155 3001 | Routing No. 026010786) Page 2 of 4 City of South Bend Parks & Recreation =DFK+XUVW 227 West Jefferson Blvd South Bend, IN 46601 Sales Representative Recreation inSites Quote No. Document Date SP81430-18 /2/2021 Sales Proposal Expiration Date //2021 Project Name US264630 United Way St Joseph County Customer No. C020866 E-Mail Sales Support psc@Kompan.com Jonathan Renner No. Description Qty Unit Unit Price Discount % Net Price Please allow 11-13 weeks for product delivery upon order placement Description Net PriceDiscountRetail PriceQty No. of Products 34 Subtotal - Products 96,884.676,900.25103,784.92 Subtotal - Freight 4,361.934,361.93 Total USD Excl. Tax 101,246.60 Estimated Tax rate 7,087.27 Total USD Incl. Tax 108,333.87 Business Agreement Omnia Partners Contract Payment Terms Installation Site Address UWSJC Corner of Dubail Avenue & Fellows Street South Bend, IN 46601 Phone No.3175780588 KOMPAN, INC. | 605 W Howard Lane Ste 101 | Austin, TX 78753 | USA | Phone No. 1-800-426-9788 E-Mail Contact@KOMPAN.com | www.KOMPAN.us | SWIFT Code NDEAUS3N (Nordea Bank, NY | Bank Account No. USD 718 155 3001 | Routing No. 026010786) Page 3 of 4 Tax Exempt Form Provided to Vendor City of South Bend Parks & Recreation =DFK+XUVW 227 West Jefferson Blvd South Bend, IN 46601 Sales Representative Recreation inSites Quote No. Document Date SP81430-18 //2021 Sales Proposal Expiration Date //2021 Project Name US264630 United Way St Joseph County Customer No. C020866 E-Mail Sales Support psc@Kompan.com Jonathan Renner Applicable sales tax will be added unless a valid tax exemption certificate is provided. This amount is only an estimate of your tax liability. Your acceptance of this proposal constitutes a valid order request and includes acceptance of terms and conditions contained within the Master Agreement, which is hereby acknowledged. Acceptance of this proposal from KOMPAN is acknowledged by issuance of an order confirmation by an authorized KOMPAN representative. Prices in this quotation are good until expiration date, shown in the top of this document. After that date, this proposal may be withdrawn. KOMPAN Products are "Buy American" qualified, and compliant with the Buy American Act of 1933 and the "Buy American" provision of ARRA of 2009. KOMPAN Authorized Signature: Accepted By (signature): __________________________________________________ Accepted By (please print): _______________________________________________ Date: __________________________________________________ KOMPAN, INC. | 605 W Howard Lane Ste 101 | Austin, TX 78753 | USA | Phone No. 1-800-426-9788 E-Mail Contact@KOMPAN.com | www.KOMPAN.us | SWIFT Code NDEAUS3N (Nordea Bank, NY | Bank Account No. USD 718 155 3001 | Routing No. 026010786) Page 4 of 4 December 14, 2021 City of South Bend Parks & Recreation =DFK+XUVW 227 West Jefferson Blvd South Bend, IN 46601 Sales Representative Recreation inSites Quote No. Document Date SP100062-7 /2/2021 Sales Proposal Expiration Date //2021 Project Name US264630 United Way St Joseph County Customer No. C020866 E-Mail Sales Support psc@Kompan.com Jennifer Powell No. Description Qty Unit Unit Price Discount % Net Price Omnia Partners Contract #2017001135 Shades US-SII-CUSTOM- SHADE Custom Shade Structure 1 Pieces 26,597.57 5.00 25,267.69 20' Flower Shade X 10' Post on a base plate + 6" for surfacing US-SII-SHADE- ENGDRW Engineered Drawings 1 Pieces 600.00 600.00 US-SII-CUSTOM- SHADE Custom Shade Structure 2 Pieces 26,880.97 5.00 51,073.84 20' Flower Shade X 12' Post on a base plate + 6" for surfacing US-SII-SHADE- ENGDRW Engineered Drawings 1 Pieces 600.00 600.00 FREIGHT Freight 1 Pieces 3,578.02 3,578.02 Description Net PriceDiscountRetail PriceQty No. of Products 5 Subtotal - Products 77,541.534,017.9881,559.51 Subtotal - Freight 3,578.023,578.02 Total USD Excl. Tax 81,119.55 Estimated Tax rate 5,678.37 Total USD Incl. Tax 86,797.92 Business Agreement Omnia Partners Contract Payment Terms Installation Site Address UWSJC Corner of Dubail Avenue & Fellows Street South Bend, IN 46601 Phone No. 3175780588 KOMPAN, INC. | 605 W Howard Lane Ste 101 | Austin, TX 78753 | USA | Phone No. 1-800-426-9788 E-Mail Contact@KOMPAN.com | www.KOMPAN.us | SWIFT Code NDEAUS3N (Nordea Bank, NY | Bank Account No. USD 718 155 3001 | Routing No. 026010786) Page 1 of 2 Tax Exempt Form Provided to Vendor City of South Bend Parks & Recreation =DFK+XUVW 227 West Jefferson Blvd South Bend, IN 46601 Sales Representative Recreation inSites Quote No. Document Date SP100062-7 2/2021 Sales Proposal Expiration Date //2021 Project Name US264630 United Way St Joseph County Customer No. C020866 E-Mail Sales Support psc@Kompan.com Jennifer Powell Applicable sales tax will be added unless a valid tax exemption certificate is provided. This amount is only an estimate of your tax liability. Your acceptance of this proposal constitutes a valid order request and includes acceptance of terms and conditions contained within the Master Agreement, which is hereby acknowledged. Acceptance of this proposal from KOMPAN is acknowledged by issuance of an order confirmation by an authorized KOMPAN representative. Prices in this quotation are good until expiration date, shown in the top of this document. After that date, this proposal may be withdrawn. KOMPAN Products are "Buy American" qualified, and compliant with the Buy American Act of 1933 and the "Buy American" provision of ARRA of 2009. KOMPAN Authorized Signature: Accepted By (signature): __________________________________________________ Accepted By (please print): _______________________________________________ Date: __________________________________________________ KOMPAN, INC. | 605 W Howard Lane Ste 101 | Austin, TX 78753 | USA | Phone No. 1-800-426-9788 E-Mail Contact@KOMPAN.com | www.KOMPAN.us | SWIFT Code NDEAUS3N (Nordea Bank, NY | Bank Account No. USD 718 155 3001 | Routing No. 026010786) Page 2 of 2 December 14, 2021 EXHIBIT B Contractor Affidavit [See attached] BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/06/2021 Name Zach Hurst Department DPW BPW Date 12/14/2021 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name Recreation Insites New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Southeast Neighborhood Center (United Way) Project Number 119-093 Funding Source PR-00013639 Account No. Amount $101,246.60 + $81,119.55 = $182,366.15 Terms of Contract One quote for shade structures; one quote for playground equipment Purpose/Description Special OMNIA purchase – please place sig block on both quote pages, along with BPW sig page. Melissa Guffey <melissag@recreationinsites.com> For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: