R2019-54 Clubhouse Banquet ChairsRESOLUTION 2019-54
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF
BANQUET CHAIRS AND DOLLIES FOR THE NEW COUNTRY CLUB
CLUBHOUSE FROM GOVERNMENTAL SALES, LLC PURSUANT TO
PRICING ESTABLISHED IN AN EXISTING GENERAL SERVICES
ADMINISTRATION CONTRACT AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE A CONTRACT ON BEHALF OF THE
VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff recommended the purchase of 320 banquet chairs and two dollies from
Governmental Sales, LLC for the new Country Club Clubhouse pursuant to pricing established
in an existing federal General Services Administration Contract (Contract No. GS -2717-021 BA); and
WHEREAS, the Village's purchasing policies and procedures specifically authorize purchases
pursuant to current GSA or other federal agency contracts; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the citizens and residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Contract with Governmental Sales, LLC
for the purchase of 320 banquet chairs and two dollies for the new Country Club Clubhouse
pursuant to pricing established in an existing federal General Services Administration Contract
(Contract No. GS -27F-021 BA), and authorizes the Mayor and Village Clerk to execute the Contract
on behalf of the Village, a copy of which is attached hereto and incorporated herein. The total
cost of this Contract shall not exceed $87,445.36, with funds expended from Account No.
K7600-66210 (Capital Fund/Village Manager — Major Construction).
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 27TH DAY OF JUNE, 2019.
(Village Seal)
ATTEST:
VILLAGE CLERK
,�a, ( r"
MAYOR
� CONTRACT
This Contract is made as of thi.day of �'t,�.r-� , 2019, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida
33408, a Florida municipal corporation (hereinafter "VILLAGE"), and GOVERNMENT
SALES, LLC, 4644 Arendell Street, Suite A, Morehead City, North Carolina 28557, a North
Carolina limited liability company (hereinafter "CONTRACTOR"), whose Federal Identification
Number is 56-2204662.
RECITALS
WHEREAS, the VILLAGE is in need of banquet chairs for the new Country Club clubhouse;
and
WHEREAS, CONTRACTOR is a party to General Services Administration (GSA) Contract No.
GS -27F-021 BA (Furniture) ("GSA Contract") and has provided the VILLAGE with a proposal
for the purchase of 320 banquet chairs and two dolly trucks pursuant to pricing established in the
GSA Contract; and
WHEREAS, as authorized by the VILLAGE's purchasing policies and procedures, the
VILLAGE wishes to purchase the chairs and dollies by "piggybacking" the GSA Contract,
including all terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals.
The parties agree that the recitals set forth above are true and correct and are fully incorporated
herein by reference.
2. GSA Contract.
The terms of GSA Contract No. 27F-021 BA (Furniture) are hereby incorporated herein by
reference.
3. CONTRACTOR's Services and Time of Completion.
A. In accordance with the terms and conditions of the GSA Contract and at the direction of
the VILLAGE, CONTRACTOR shall provide the VILLAGE with the chairs and dollies
identified in its Quote dated May 10, 2019 ("Furniture"), a copy of which is attached hereto and
incorporated herein by reference.
B. The total cost of the Furniture, including freight, delivery and installation (item 3A) shall
not exceed Eighty -Seven Thousand Four Hundred and Forty -Five Dollars and Thirty -Six
Cents ($87,445.36).
Page 1 of 6
C. All Furniture shall be fully insured by CONTRACTOR until it is delivered to and
accepted by the VILLAGE. CONTRACTOR shall submit the order to the manufacturer within
twenty-four hours of receipt of the VILLAGE's purchase order, with a target delivery date of
September 1, 2019, as coordinated with the Village's Construction Manager (The Weitz Co.).
4. Conflict of Terms and Conditions.
Conflicts between documents shall be resolved in the following order of precedence:
A. This Contract;
B. GSA Contract; and
C. CONTRACTOR's Proposal
5. Compensation to CONTRACTOR.
Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount
of compensation stated in Section 3(B) above without prior written consent of the VILLAGE.
CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the
VILLAGE's representative, indicating that goods and services have been provided and rendered
in conformity with this Contract, and they then will be sent to the Finance Department for
payment. Invoices will normally be paid within thirty (30) days following the VILLAGE
representative's approval. CONTRACTOR waives consequential or incidental damages for
claims, disputes or other matters in question arising out of or relating to this Contract. In order
for both parties herein to close their books and records, CONTRACTOR will clearly state "final
invoice" on CONTRACTOR's final/last billing to the VILLAGE. This certifies that all goods
and services have been properly performed and all charges have been invoiced to the VILLAGE.
Since this account will thereupon be closed, any and other further charges if not properly
included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable
for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods
and services.
6. Period and Renewals.
This Contract shall be for the term as indicated in the GSA Contract. Extensions or renewals to
the GSA Contract or any modification including new products, terms, or price changes to the
GSA Contract shall be submitted by CONTRACTOR to the VILLAGE for approval.
7. Insurance.
CONTRACTOR shall obtain and maintain during the term of this- Contract all insurance required
under the GSA Contract, with the VILLAGE named as an additional insured.
Indemnification.
Page 2of6
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising
out of or in any way related to the goods and services furnished by CONTRACTOR pursuant to
this Contract, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or
employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions
of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause
of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in
§768.28, Florida Statutes.
9. Compliance with all Laws, Regulations and Ordinances.
In performing the services contemplated by this Contract, CONTRACTOR shall obtain all
required permits (if any) and comply with all applicable federal, state and local laws, regulations
and ordinances, including, but by no means limited to, all requirements of the Village Code and
the Florida Building Code.
10. Warranty/Guaranty.
Unless a longer period is stated in the GSA Contract, CONTRACTOR warrants that its goods
and services provided under this Contract will be free of defects in materials and workmanship
for a period of one (1) year following delivery and completion of those goods and services. All
warranty work will be handled by CONTRACTOR, if needed, until the expiration of the
warranty.
11. Access/Audits.
CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing services pursuant to this Contract for at least five (5) years
after termination of this Contract. The VILLAGE 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 CONTRACTOR's place of business. Under no circumstances will
CONTRACTOR be required to disclose any confidential or proprietary information regarding its
products and service costs.
12. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter.
Page 3 of 6
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given hereunder
or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
C. 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 expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to which
such party or parties may be entitled.
D. 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, to remainder of this
Contract, or the application of such terms 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.
E. All notices required in this Contract shall be sent by certified mail, return receipt
requested, and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and 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. 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. Any provision of this Contract which is of a continuing nature or imposes an
obligation which extends beyond the term of this Contract shall survive its expiration or earlier
termination.
G. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(561) 841-3355; NPBCLERKgVILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY
ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.070 1, Florida Statutes,
CONTRACTOR shall:
Keep and maintain public requires required by the VILLAGE to perform the service.
Page 4 of 6
2. Upon request from the VILLAGE's custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the Contract term and following completion of the Contract if the
CONTRACTOR does not transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of CONTRACTOR or keep and maintain public records required by the
VILLAGE to perform the services. If CONTRACTOR transfers all public records to the
VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of
the Contract, CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the VILLAGE, upon
request from the VILLAGE's custodian of public records, in a format that is compatible
with the information technology systems of the VILLAGE.
H. CONTRACTOR is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of this
Contract, and in furtherance thereof, may demand and obtain records and testimony from
CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in
addition to all other remedies and consequences provided by law, the failure of CONTRACTOR
or its subcontractors to fully cooperate with the Inspector General when requested may be
deemed by the VILLAGE to be a material breach of the Contract justifying termination.
I. The persons executing this Contract represent that they have the full power, authority and
legal right to execute and deliver this Contract and perform all of its obligations under this
Contract.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
GOVERNMENT SAL S, LLC
By:
Pr' Name: Toa n �+ I�0 vV 0. V�GI
Position: P f 0 -e c+ c�✓� A
Page 5 of 6
VILLAG OF NORTH PALM BEACH
By:
DARRYL XUBREY
MAYOR
ATTEST:
BY:
MELISSA TEAL
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VILLAGE ATTORNEY
Page 6 of 6
To:
Village of North Palm Beach
Sharon Swan
501 US Highway 1
North Palm Beach, FL 33408
(561) 841-3359 (Contact)
sswan@village-npb.org
Project Code: JH56566
G�
GO\'LRNM L•M(SALLS, LLC.
"\ �W_
Project:
Village of North Palm Beach FL -
Banquet Chairs
Thank you for the opportunity to quote on this project.
Government Sales LLC is a Small Business.
GSA Furniture Contract: GS-27F-021BA
Tax ID # 56-220-4662
DUNS: 807040258
Quote
05/10/2019
From:
Government Sales LLC
Janet Howard
4644 Arendell St., Ste. A
Morehead City, NC 28557-2759
(252) 723-7995 (Cell)
(602) 298-2676 (Office)
janet@governmentsalesllc.com
Cage Code: 1Q8T9
FOB: Origin
Estimated freight provided to North Palm Beach, FL 33408. Actual freight will be invoiced
upon shipping. Customer must be able to accept 53' semi trailer with ramp for delivery.
Lead time: 8 weeks
Item Qty Description Sell Sell Total
1 320 ea CHAIR $248.36 $79,475.20
MTS Seating Model No. CF -5505 GR12 Packed 4 ea
The Kay Lang Collection COMFORTflex° Banquet Stacking Chair, top
hat back, without hand hold, COMFORTweb° box seat, square tapered
steel legs, premium metal based glides, grade 12 upholstery
320 ea 12 year structural frame warranty, std.
320 ea Frame finish - Standard powdercoat:
320 ea M-7 Metaltone - Espresso
320 ea Grade 12 Upholstery: Appian Textiles, Starr -Champagne Sta 00150
320 ea 18"w x 23-1/2"d x 35-1/4"h
320 ea RFB - Retractable formed ganger
2 2 ea DOLLY TRUCK, FURNITURE $209.37 $418.74
MTS Seating Model No. 013 Packed 2 ea
Three Wheel Hand Truck, recommended load: 10 chairs, fits all Omega,
SigmaStackerT"", Como and Elan with 500 series bases, 600 series
convention stackers and Kay Lang stackers, fully welded assembly, 14
gauge 1" round heavy-duty steel tubing, (2) 10" solid rubber tires (1) 3"
swivel caster, satin black finish (20-1/2"w x 38-1/2"d x 49-1/2"h)
Village of North Palm Beach FL -
Banquet Chairs Village of North Palm Beach Page 1 of 2
05/10/2019
Item Qty Description Sell Sell Total
3A 1 ea INSTALLATION $2,100.00 $2,100.00
Jez Enterprises Model No. INSIDE DEL
Inside Delivery to include offload chairs from 53' semi trailer with
loading ramp, Deliver stacked and wrapped chairs to 2nd floor using
service elevator. End user to remove packaging material and set chairs
in place.
36 1 ea INSTALLATION $3,100.00 <Alternate>
Jez Enterprises Model No. INSTALL
Inside Delivery to include offload chairs from 53' semi trailer with
loading ramp, Deliver stacked and wrapped chairs to 2nd floor using
service elevator. Remove all packing materials from stacked chairs and
set in place, remove all packing materials from premises for disposal
off site.
Merchandise
Freight
Total
The preceding proposal data has been furnished to the government by Government Sales LLC and shall
not be disclosed outside the government and shall not be duplicated, used or disclosed -in whole or in
part -without written consent from Government Sales LLC. Unless otherwise noted, the following applies
to this quotation:
1. All prices are FOB Factory (ORIGIN) unless otherwise noted. Any referenced shipping costs are
estimates only.
2. This quotation is based on specifications provided. Changes provided after quotation affecting
specifications voids quotation.
We accept government credit cards.
Remit to:
Government Sales LLC
4644 Arendell Street
Morehead City, NC 28557
Fed ID: 56-2204662
DUNS: 807040258
Cage Code: 1Q8T9
$81,993.94
$5,451.42
$87,445.36
Village of North Palm Beach FL -
Banquet Chairs Village of North Palm Beach Page 2 of 2