HomeMy WebLinkAboutReso 2014-2201**RESOLUTION NO. 2014 - 2�k o (
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH REP SERVICES, INC. FOR THE
PURCHASE AND INSTALLATION OF A COMPLETE
PLAYGROUND INCLUDING PLAYGROUND EQUIPMENT,
SAFETY SURFACING AND SHADE STRUCTURE FOR
INTRACOASTAL PARK, IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED FORTY -NINE THOUSAND NINE HUNDRED
NINETY -NINE DOLLARS AND EIGHTY -FOUR CENTS
($149,999.84), ATTACHED HERETO AS EXHIBIT "A ";
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Intracoastal Park was designed with a 60 -foot diameter play area, and
during the park development, a community partner was identified that proposed a brand new
playground at no cost to the City; and
WHEREAS, the Dezer Family offered a new playground and the City would name it the
"Dezer Family Playground ", and Dezer Development LLC. wished to donate to the City One
Hundred Fifty Thousand Dollars ($150,000.00) for a complete playground at Intracoastal Park;
and
WHEREAS, Rep Services, Inc. was contacted to provide a proposal based on the theme
selected by the Dezer Family; and
WHEREAS, the City wishes to enter into an Agreement with Rep Services for the
purchase, design, delivery, installation and warranty of all elements of the playground inclusive
of playground equipment, a poured -in -place safety surfacing and shade structure, for Intracoastal
Park, in an amount not to exceed One Hundred Forty -Nine Thousand Nine Hundred Ninety -Nine
Dollars and Eighty -Four Cents ($149,999.84), attached hereto as Exhibit "A ", based on pricing as
per the Clay County Contract to guarantee competitive bid pricing while expediting the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approving the he Agreement. The City Commission hereby approves an Agreement
with Rep Services, Inc. for the purchase and installation of a complete playground including
playground equipment, safety surfacing and shade structure for Intracoastal Park, in an amount
not to exceed One Hundred Forty -Nine Thousand Nine Hundred Ninety -Nine Dollars and
Eighty -Four Cents ($149,999.84), attached hereto as Exhibit "A ".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
R2014- Rep Srvs For Playgound At Intracoastal Park Page 1 of 2
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 20 °i day of February 2014.
orman S. Edelcup, Mayor
ATTEST:
csslem-L �
Jane A. Hines, MMC, City Clerk
APPROVE TO FORM AND
LEG F IENCY
i
1
H n� mot, C> y Attorney
Moved •
Seconded • LU • - G�
Vote: S-o
Mayor Norman S. Edelcup
,/ (Yes)
(No)
Vice Mayor Isaac Aelion
(Yes)
(No)
Commissioner Jeanette Gatto
(Yes)
(No)
Commissioner Jennifer Levin
Yes)
(No)
Commissioner George "Bud" Scholl
Yes)
(No)
R2014- Rep srvs For Playgound At Intracoastal Park Pagc 2 o1'2
OF SUNNY 'SC FHB
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yf C➢D) +F�OP�OPS�' AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND REP SERVICES, INC.
CONTRACT NO. C1314 -025
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate,
this `Z4"'�day of February, 2014, by and between the CITY OF SUNNY ISLES BEACH,
Florida, (hereinafter referred to as "City "), and REP SERVICES INC., a corporation authorized
to do business in the State of Florida (hereinafter referred to as "Contractor ") whose Federal I.D.
# is 59. 21 '1 lQ1
RF.C'ITAI.0
WHEREAS, the City of Sunny Isles Beach (the "City ") is in need of a contractor to
purchase, design, delivery, installation and warranty of all elements of a complete playground,
inclusive of safety surfacing and shade for the City's Intracoastal Park ( "Services "); and
WHEREAS, Contractor is a certified and insured company with the necessary
experience to provide the desired Services; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City for a total amount not to exceed One Hundred Forty Nine Thousand Nine
Hundred Ninety -Nine Dollars Eighty -Four Cents ($149,999.84), as more particularly described
in Attachment "A ", attached hereto and incorporated herein by reference.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, 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 agrees to purchase and install a complete playground inclusive
of a poured -in -place safety surfacing and shade structure for Intracoastal Park, as more
particularly described in attached Exhibit "A ". 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 hereunder, the term of this Agreement shall begin upon the execution of this Agreement
and shall no later than Ninety (90) days thereafter. Payment will be made only for Services
completed to the satisfaction of the City. Contractor is to commence performance of Services
from the date of issuance of the Notice to Proceed from the City Manager or his designee and
C1314 -025 - REP SERVICES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
shall continue in a diligent manner until the Services are complete. Contractor acknowledges
that compliance with the commencement and completion schedule is the essence of this
Agreement.
4. COMPENSATION. The Contractor agrees to provide the desired Services to the City in
a total amount not to exceed One Hundred Forty Nine Thousand Nine Hundred Ninety -Nine
Dollars Eighty -Four Cents ($149,999.84). Payment to Contractor for all charges and tasks under
this Agreement shall be in accordance with this Agreement and the schedule of charges reflected
in Attachment "A" and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment 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. Availability 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
C 1314 -025 - REP SERVICES, INC. 2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
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.
6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Contractor pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Contractor or other parties
shall be approved in writing by the City. If requested, Contractor shall deliver the documents to
the City within fifteen (15) calendar days.
7. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event
the Services are not complete within Ninety (90) days from the execution date of this Agreement,
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 Ninety (90) day 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.
8. 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 the State of Florida 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
C 1314 -025 - REP SERVICES, INC. 3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
($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.
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.
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 furnish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is
not limited by any other provisions within this Agreement.
C1314 -025 — REP SERVICES, INC. 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
9.3 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.
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
C1314 -025 REP SERVICES, INC. 5
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
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 City 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. 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.
12. ARBITRATION AND MEDIATION. The merits of any dispute arising under, out
of, in connection with, or in relation to this agreement, or the making or validity thereof, or its
C1314 -025 - REP SERVICES, INC. 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
interpretation, or any breach thereof, shall be determined and settled by Arbitration before an
Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules of the
American Arbitration Association. If the parties hereto are unable to agree upon the
selection of an arbitrator, such arbitration shall be held before the American Arbitration
Association. Any award rendered shall be final and conclusive upon the parties and a judgment
may be entered in the highest court of the State of Florida having jurisdiction.
Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the dispute
amicably. In the event that the parties hereto are unable to resolve the dispute amicably, either
party may give notice for a Mediation session before a Mediator appointed by mutual
agreement (hereinafter the "Mediator "). Each party shall bear its own attorney's fees and
costs associated with any such mediation and shall share, equally, the fee of the agreed
upon or appointed mediator (as the case may be). If the parties are unable to agree upon the
selection of a mediator, such mediation shall be held before the American Arbitration
Association. The Mediator shall make a recommendation to the parties in the form of a
written mediated settlement agreement. Each party to the dispute shall sign such
agreement after receipt of the same or immediately file a demand for Arbitration, in which
event the parties shall proceed to Arbitration in accordance with the previous paragraph. All
costs of the Arbitration, including the legal action to confirm and enforce the arbitrator's
award, as the case may be, including the reasonable legal fees of both parties shall be paid by
the non - prevailing party, or, if neither party prevails on the whole, each party shall be
responsible for a portion of the costs of Arbitration as may be determined by the court on
confirmation.
13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of 10 (Ten) 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 party as follows:
C1314 -025 - REP SERVICES, INC. 7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
If to the City:
Christopher J. Russo
With a copy to:
City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792 -1701
Sunny Isles Beach, Florida 33160
Tel: (305) 792 -1702
If to the Contractor :
Debbie Levine
Sales Consultant
Rep Services, Inc.
581 Technology Park, Ste. 1009
Lake Mary, FL 32746
Tel: (407) 831 -9658
15. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County,
Florida.
16. 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.
17. 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 1 1248 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,
marital /familial 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.
18. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2 -I1.1, as amended; and by
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
C1314 -025 - REP SERVICES, INC. 8
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
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 could 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 be 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.
19. 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 attorney's 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 performed under 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 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 TEN DOLLARS ($10.00)
represents specific consideration to the Contractor for the indemnification set forth in this
Agreement.
20. 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.
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, together with the Contractor's proposal contained in Attachment
"A ", a copy of which is attached hereto and incorporated herein by reference, 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.
C1314 -025 - REP SERVICES, INC. 9
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
E. 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 into this Agreement, the term, statement, requirement, or provision
contained in this Agreement shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement or provision contained in any other
document or attachment, including but not limited to Attachment "A ".
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
WITNESS:
REP SERVICES, INC.
BY:
Print Name Print /sign name of corporate officer
Sign Name
ATTEST: CITY OF SUNNY ISLES BEACH
BY: BY:
Jane A. Hines, MMC, City Clerk Orman S. Edelcup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
C
ty Attorney
C1314 -025 — REP SERVICES, INC. 10
REP SERVICES, INC.
Project Name:
Pagelof4
III
Experts Play
Please make POs and contracts out to:
Please mail checks to:
at Outdoor Spaces
Rep Services, Inc.
Rep Services, Inc.
Proposal Expires:
581 Technology Park, STE 1009
581 Technology Park, STE 1009
For Questions Contact: Jacqui Rohrborn Ph # 407 - 831 -9658 x223 E -Mail: jacqui @repservices.com
Lake Mary, FL 32746 - -7127
Lake Mary, FL 32746 - -7127
Proposed City of Sunny Isles Beach
Ship To:
Bill To: City of Sunny Isles Beach
To: 18070 Collins Avenue
plane graphic.
18070 Collins Avenue
Sunny Isles Beach, FL 33160 -2723
! FL
Sunny Isles Beach, FL 33160
Freight: Prepaid Ship Method: Best Way
FOB: Destination
Attn: Accounts Payable
Attn: Susan Simpson
j Attn:
Phone: 305 - 947 -0606
Phone: 305 - 957 -1306
I Phone:
Fax: 305 - 949 -3113
Fax: 305 - 792 -1566
Fax:
Terms: See below
Project No: 9038
Project Name:
City of Sunny Isles Bch - Intracoasta Project Contact:
Susan Simpson
Proposal No: 9038.05
Proposal Name:
Intracoastal Park -Opt 1 Modified- Project Location:
Sunny Isles Beach, FL 33160
Proposal Date: 2/7 /2014
Proposal Expires:
3/9/2014
Custom
For Questions Contact: Jacqui Rohrborn Ph # 407 - 831 -9658 x223 E -Mail: jacqui @repservices.com
1 Playbooster deck mount pilot panel with epoxy paint race car instead of
Sales Consultant: Debbie Levine
Ph # 561 - 353 -0980
E -Mail: dlevine @repservices.com Option A Rev: 2
Input By: JR - 2/7/2014
Vendor: Landscape Structures
plane graphic.
Proj Drawings: 69685 -1 -1 M
540838
Freight: Prepaid Ship Method: Best Way
FOB: Destination
i
Part No Qty
Description
Unit Wt
Unit Price
Ext Price
PlayBooster, Swings and Free Standing
Custom
CL138444
1 Playbooster deck mount pilot panel with epoxy paint race car instead of
54
1,095.00
1,095.00
plane graphic.
CL138445
1 Playbooster store panel with bottom edge extended to incorporate
26
725.00
725.00
epoxy painted car front graphic.
Climbers
PB145624C -001
1 Vertical Ascent 641)k
95
1,045.00
1,045.00
PB152907B -001
1 Deck Link w /Barriers 2 Steps
182
1,570.00
1,570.00
PB157427B -001
1 Pod Climber w /HandloopJ32Dk DB Right Handhold
69
1,110.00
1,110.00
PB17608OA -001
1 Logo Climber 56Dk DB
93
1,135.00
1,135.00
Decks
PB111228A -001
2 Square Tenderdeck
118
785.00
1,570.00
P6111231A -001
2 Triangular Tenderdeck
62
610.00
1,220.00
PB119646A -001
1 Tri -Deck Extension
51
590.00
590.00
PB121948A -001
2 Kick Plate 8Rise
13
92.00
184.00
PB152911A -004
1 Curved Transfer ModulelLeft 32Dk DB
195
1,835.00
1,835.00
Enclosures
PB115228A -001
1 Driver Panel Above Deck
46
670.00
670.00
PB116244A -001
1 Pipe Barrier Above Deck
51
480.00
480.00
Kids In Motion
IP100017D -001
1 Car (Rec Permalene) DB
102
1,140.00
1,140.00
Overhead
PB1 1 1273A-001
1 End Vertical Ladderlw /Alum Posts DB
94
1,015.00
1,015.00
Events
PB142890A -001
1 290* Horizontal Ladder DBIAttached
114
1,465.00
1,465.00
Posts
PB111404A -001
1 148A1um Post DB
36
300.00
300.00
P6111404C -001
1 132A1um Post DB
31
280.00
280.00
PB111404E -001
1 116A1um Post DB
29
245.00
245.00
PB1 1 1406A-001
1 178 Arch (72Dk) DBJw /o Flange
100
1,165.00
1,165.00
PB111406B -001
1 170 Arch (56 -64Dk) DBJw /o Flange
97
1,125.00
1,125.00
PB1 1 1406C-001
1 154 Arch (40 -48Dk) DBJw /o Flange
91
1,080.00
1,080.00
PB111406D -001
1 140 Arch (32Dk) DBJw /o Flange
86
1,070.00
1,070.00
Signage
IP182503C -001
1 Welcome Sign (LS] Provided)JAges 5 -12 years Direct Bury
24
0.00
0.00
Slides & Gliders
PB13039OA -003
1 Double Swoosh SlideJ72Dk DB
174
1,825.00
1,825.00
Swings
IP174018A -001
2 Belt SeatlProGuard Chains for 8' Beam Height
8
102.00
204.00
IP17733OA -001
1 5 Arch Swing Frame18' Beam Height Only
204
2,400.00
2,400.00
Subtotal for PlayBooster, Swings and Free Standing
2,446
$26,543.00
Weevos Ages 2 -5
Custom
CL138389
1 Upcharge to add permalene Bridge Ahead sign to Boppity Bridge.
55
895.00
895.00
581 Technology Park, STE 1009 - Lake Mary, FL 3274
407.831.9658 (P) • 407.834.5366 (F) 800.992.5357
ATTACHMENT "A" www.reoservices com sales @repservices.com
Proposal No: 9038.05 Project Name: City of Sunny Isles Bch - Intracoastal Park Proposal Date: 2/7/2014 Page 2 of 4
Vendor:
Landscape Structures
540838
Other Charges: Sealed Eng Dwgs: $1,100.00:
Proj Drawings: 69685 -1 -1M
Freight: Prepaid Ship Method: Best Way
FOB:
Destination
i
Part No
Qty
Description
Unit Wt
Unit Price
Ext Price
CL138390
1
Upcharge to add Activity Car Facade to hand rail on Boppity Bridge.
235
3,445.00
3,445.00
CL138391
1
Upcharge to swap Wee Pods for permalene wheel design.
0
1,095.00
1,095.00
Bridges and
WV164178A -001
1
Boppity Bridge DB
249
4,810.00
4,810.00
Ramps
Climbers
WV164172A -001
1
Wee Pod Climber DB
57
990.00
990.00
More Fun
WV164173A -001
1
Twirly Bar DB
23
445.00
445.00
WV173582A -001
1
Imagination Table DB
64
1,355.00
1,355.00
WV173584A -001
1
Bongo Panel DB
79
1,570.00
1,570.00
Signage
IP182503A -001
1
Welcome Sign (LSI Provided)JAges 2 -5 years Direct Bury
24
0.00
0.00
Slides & Gliders WV164174A -003
1
Cozy Coaster Slidelw /ASTM Handrail DBIw /Stairs Under Large Arch
373
5,110.00
5,110.00
Weevos
WV164170A -001
1
Weevos 3 Arch Mainstructure DB Only
448
2,550.00
2,550.00
Structures
Subtotal for
Weevos Ages 2 -5
1,607
$22,265.00
Total Product:
4,053 $48,808.00
Discount Applied: 12.00% ($5,856.96)
Discounted Product Total: $42,951.04
Other Charges: Sealed Eng Dwgs: $1,400.00: $1,400.00
Freight Charge: $3,200.00
Landscape Structures Total: $47,551.04
Vendor: Hanover Specialties, Inc. Proj Drawings: 69685 -1 -1M
540839 Freight: Prepaid Ship Method: Best Way FOB: Destination
Part No Qty Description Unit Wt Unit Price Ext Price
Surfacing INTRACOASTAL 1 3456 sf Vitriturf Poured in Place Surfacing TK System at 3.5" thickness, 0 46,208.86 46,208.86
PK OPT1 M- includes custom signs and track. 50% Color /50% Black
PIPTK
Total Product: 0 $46,208.86
Discount Applied: 12.00% ($5,545.06)
Discounted Product Total: $40,663.80
Freight Charge: Included
Hanover Specialties, Inc. Total: $40,663.80
Vendor: USA Shade Proj Drawings:
540840 Freight: Prepaid Ship Method: Best Way FOB: Destination
Part No Qty Description Unit Wt Unit Price Ext Price
Shade MEJ106192- 1 Custom Hypar Sail 50'x50' with 12/16/18 entry, (1) top, (4) post, 0 28,888.67 28,888.67
Structures HYPAR Shadesure Cloth, Recessed Base Plate, External Quick Release,
Marine Primer, Anchor Bolts and Templates Included. Meets FBC
2010 Risk Category 1.
Total Product: 0 $28,888.67
Discount Applied: 12.34% ($3,565.44)
Discounted Product Total:
$25,323.23
Other Charges: Sealed Eng Dwgs: $1,100.00:
$1,100.00
Freight Charge:
$4,450.00
USA Shade Total:
$30,873.23
581 Technology Park, STE 1009 - Lake Mary, FL 3274
407.831.9658 (P) - 407.834.5366 (F) - 800.992.5357
www.repservices.com sales @repservices.com
Proposal No: 9038.05 Project Name: City of Sunny Isles Bch - Intracoastal Park Proposal Date: 2/7/2014 Page 3 of 4
Vendor: D W Recreation Services, Inc.
540841
Part No Qty Description EM Price
Custom DUMPSTER
1
Dumpster
470.59
INS -LSI
1
Equipment Installation - Landscape Structures
13,205.88
INS -USA
1
Installation of USA Shade
16,117.65
PERMITTING
1
Labor charge to pull permit by State of Florida Licensed GC, including processing permit
588.24
documents to obtain permit from appropriate jurisdiction. DOES NOT INCLUDE PERMIT
FEES.
STORAGE
1
Storage of product pending installation
529.41
D W Recreation Services, Inc. Total:
$30,911.77
General Terms of Sale and Proposal Summary I
Government: Net 30, Resellers: Payment with Order Product: $111,438.07
With Credit Approval: 50% down, Net 30 Installation: $30,911.77
All Others: `50% down, Balance Prior to Shipment Freight: $7,650.00
'Note: Orders less than $5,000 require check with order Proposal Total: $149,999.84
I Notes
Clay County Contract #08/09 -3 discounts and installation: Landscape Structures 2% discount; installation 40% of list price (Installation does not include site
prep, slabs or engineered footings)..
Vitriturf pricing is per the School District of Manatee County Contract #11- 0014 -MR. Installation is by quote only.
Landscape Structures, Inc.:
When placing an order, please select colors from those shown on the back inside cover of the catalog.
WRITTEN COLOR SELECTION AND SUPPORT OPTION (DIRECT BURY, SURFACE MOUNT, OR OTHER) MUST ACCOMPANY SIGNED PROPOSAL
OR PURCHASE ORDER.
Poured in Place Designs:
Yield Sign, Stop Sign, Traffic Light, Finish Line with (1) set of Flags.
Vitriturf Poured in Place Surfacing:
This quotation is for material, freight and installation.
Owner or contractor is responsible for:
All site work, site preparation and base preparation.
Accuracy of project dimensions and product quantities prior to ordering. Please specify product depth and color when ordering.
Security of the site during cure time (typically 48 hours).
Dumpster at the site for trash and waste material.
INSTALLATION:
Unless otherwise noted, the following items are to be PROVIDED BY CUSTOMER prior to installation:
• ALL Site work completed - excavation, removal and grading to proper level prior to installer arrival.
• Site security to prevent theft or vandalism of equipment.
• Water and 110 Electric.
• Underground Utilities Located and Marked prior to installation.
• Site Plan or Survey, if required.
• CONCRETE SLAB BY OTHERS.
THIS PROPOSAL DOES NOT INCLUDE THE PERMIT FEES ASSESSED BY THE BUILDING DEPARTMENT. THOSE FEES MAY RESULT IN
ADDITIONAL CHARGES.
Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area, above or below the surface. If unforeseen conditions arise, the
installation charges will change to reflect additional costs associated with dealing with those unforeseen circumstances. Examples of this include, but are not
limited to, site not ready upon installer's arrival, difficulties with underground utilities, or difficulties with post footers due to coral rock or ground water in the
holes.
581 Technology Park, STE 1009 - Lake Mary, FL 3274
407.831.9658 (P) 407.834.5366 (F) • 800.992.5357
www.repservices.com sales @repservices.com
Proposal No: 9038.05 Project Name: City of Sunny Isles Bch - Intracoastal Park Proposal Date: 2/7/2014 Page 4 of 4
The undersigned warrants that he /she is an authorized representative of the company noted and has the requisite authority to bind said company and /or
principal. If any particular billing is not paid when due, all outstanding balances, regardless of prior terms, will become immediately due and owing upon
demand. Interest on past due amounts will be assessed at 1 '% % per month or the maximum interest rate permitted by applicable law, whichever is less.
Should it become necessary for either party to this contract to institute legal action for enforcement of any provisions of this contract, the prevailing party shall
be entitled to reimbursement for all court costs and reasonable attorney's fees incident to such legal action. The parties hereto agree that proper venue for
any legal action in any way related to this contract shall be in Seminole County, FL.
Accepted By:
City of Sunny Isles Beach
Company Name Authorized By Printed Name Date
As Its:
Title
581 Technology Park, STE 1009 - Lake Mary, FL 3274
407.831.9658 (P) 407.834.5366 (F) - 800.992.5357
www.repservices com sales @repservices.com
V
Warranty(Sample)
5 Year Warranty
Project Name:
Owner:
Location:
City and State:
Data Installation Completed:
Total Square Footage:
Contractor:
Vitriturf warrants to the owner of the project name described above, subject to the conditions, and limitations staled herein, as follows:
That the Vitriturf System will not lose its bond from approved substrates, peel, flake or chip, that the system will be fade- resistant so IoN as
surface integrity is maintained: and that the system will not crack as a result of normal weather conditions and normal traffic pattern use. This
warranty does not cover defects or damage caused by failure of the substrate, vandalism or misuse of the system.
The foregoing warranty shall continue for a period of 5 Years commencing with the the date of completed installation of the system as WI MM
above, provide that the owner gives Vitriturf written notice of any defects in the system within thirty (30) days from discovery of such defects.
('Warranty Period ").
The foregoing warranty does not cover defects of damage caused by: (1) structural or design defects; (2) misuse,vandelism, civil
disobedience, acts of war; (3) acts of God, including lightning, hurricanes, tornados, earthquakes. fumes, flood, chemical fumes or foreign
substances in the atmosphere or by other unusual natural occurrences. The obligations contained hereindo not cover any material used on the
system which was not supplied by Vitriturf unless specifically identified above.
Any claim of defect in material in the system must be made in writing to Vitriturf as set forth above within the warranty period. Thiswarranly
will not cover damage resulting from the application, repair or subsequent work on the surface without written notice from Vitriturf of the
methods and materials to be used and the party who will apply those materials. During the term of the warranty, Viitriturf, its agents,
employees, and assigns shall have the right to inspect the system during business hours. if Vitriturf or its agents have not been paid by
contractor or owner for this project, the warranty will be void and null because of lack of consideration.
The warranty shall become null and void if, in the sole judgment of Vitriturf, any of the following events shall occur: (1) if, after installation of
the system, there are any alterations or repairs made to the system that affect any component of the system in any way, (2) failure by the
owner or any of the owner's tenants to use reasonable care in maintaining the system: or (3) Owner fails to comply with every Item or
condition stated herein.
Vitriturrs failure at any time to enforce any of the terms or conditions stated herin shall not be construed to be a waiver of such provision.
The warranty shall apply only to the original owner as set forth above, and any assignment of any rights hereunder by the owner without the
express written consent of Vitriturf shall be null and void.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED, VITRITURF SHALL NOT BE LIABLE UNDER ANY
CIRCUMSTANCES FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES TO ANY PARTY WHATSOVER, INCLUDING, BUT NOT
LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE SURFACE OR ITS SURROUNDINGS. VitMurf shall have no further obligation or
liability of any kind, and it is further agreed and understood that the price stated for the system is consideration for the limitation of VlMturrs
liability hereunder. The sales personnel of Vitriturf are not authorized to make warranties about the merchandise described in this contract.
Vltriturfs employees ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, SHALL NOT BE RELIED UPON BY THE BUILDING
OWNER OR ANY THIRD PARTY, AND ARE NOT PART OF THE CONTRACT SALE. THE ENTIRE CONTRACT IS EMBODIED IN THIS
WRITING AND NO OTHER WARRANTIES ARE GIVEN BEYOND THOSE SET FORTH IN THIS WRITTEN CONTRACT. This writing
constitutes the final expressions of the parties' agreement, and it is a complete and exclusive statement of the terms of that agreement.
VITRITU?F
�T� , f�
by.-- Steven c) las4in -earn
V I 1 1` I T V` F Building Owner:
live
901 Motor Parkway
Hauppauge, NY 11788 ZOE REP SERVICES, INC.
631.231.1300 F.631.231.1329 ;IN S'' Experts at Play &Outdoor Spaces
'ife Anrml— • Playg...d fgwpowat • 5a1efy >a'otm` ra Shade
th- 4u *631963e fa,- 4c.7534$366 4 ,•*k ++Ir.,M^.rlq t„tn.asr
May 2009
Statement of Warranty for USA SHADE brands
Shade Structures - Sun Ports - VPS - Shade Concepts
General:
• USA SHADE provides a limited warranty on all USA SHADE - supplied labor and materials. No
other warranty is implied.
• The warranty set forth shall be the purchaser's sole and exclusive warranty, and is void if
structures are not paid for in full.
• The warranty is void if any changes, modifications, additions or attachments are made to the
structures without the prior written consent of USA SHADE.
• The warranty is void if the structures are not assembled in strict compliance with USA SHADE
specifications.
• The warranty will be void if regular maintenance is not performed. This is particularly critical in
regions where dirt/sand may cause abrasion of fabric.
• The warranties below are effective from the date of sale, or, if assembled by USA SHADE, the
date of construction completion.
• USA SHADE reserves the right to repair or replace any item covered by this warranty.
• Purchaser shall notify USA SHADE in writing, detailing any defects for which a warranty claim is
being made.
• USA SHADE shall not in any event be liable for indirect, special, consequential, or liquidated
damages.
• USA SHADE specifically denies the implied warranties of fitness for a particular purpose and
merchantability.
• No signs, objects, fans, light fixtures, etc., may be hung from the structures, unless specifically
engineered by USA SHADE. These items may interfere with the fabric, voiding the warranty.
• The warranty shall be void if damage to the steel frame or fabric top is caused by misuse, willful
or intentional damage, vandalism, any Act of God (ie. hurricane, tornado, micro /macroburst),
including, but not limited to, ice, snow, or wind in excess of applicable building code parameters.
• For all units assembled by USA SHADE the "Customer Checklist and Sign -off' form must be
signed and returned to USA SHADE within 10 business days from the date of construction
completion, or USA SHADE will not be held responsible for any damage to the structures. The
warranty will also be considered null and void until this checklist is received by USA SHADE.
Shadesurell Fabric:
• ShadesureTM fabrics carry a 10 -year limited manufacturer's warranty from the date of assembly,
against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold, or
discoloration, with the exception of Red and CoolbrellaTM fabrics, which carry a 3 -year limited
warranty. Should the fabric need to be replaced under the warranty, USA SHADE will
manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro -rated at 18%
per annum over the last 4 years.
• This warranty shall be void if damage to the fabric is caused by contact with chemicals, misuse,
vandalism, any Act of God (ie. hurricane, tornado, micro /macroburst), including, but not limited to,
ice, snow, or wind in excess of the applicable building code parameters.
• All fabric tops are warranted for winds /gusts up to 90mph and prior to snow or ice accumulation.
• All fabric curtains, valances and flat vertical panels are not covered under the warranty.
M
USA SHADE structures are designed to eliminate friction between the rafters and fabric. The
warranty will be voided if any modification or attachment is made to the rafter(s). The fabric will
wear /tear should any object be placed between the rafter and the fabric, voiding the warranty.
Labor for the removal, assembly, and /or freight will be covered for a period of 1 year, where the
structures supplied and assembled by USA SHADE are defective. In all cases where the
structures are not assembled by USA SHADE, or its agents, all labor for the removal, assembly,
and /or freight will be at the customers' expense, and the warranty will only be applicable to the
repair or replacement of the defective materials.
USA SHADE reserves the right, in cases where certain fabric colors have been discontinued, to
offer the customer a choice of available colors to replace the warranted fabric of the discontinued
color. USA SHADE does not warrant that any particular color will be available for any period of
time, and reserves the right to discontinue any color for any reason, without recourse by the
owner of the discontinued fabric color.
Colourshade® FR Fabric:
• Colourshade® FR fabrics carry a 5 -year limited manufacturer's warranty from the date of
assembly, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat,
cold, or discoloration, with the exception of FR Red and CoolbrellaM fabrics, which carry a 3 -year
limited warranty. Should the fabric need to be replaced under the warranty, USA SHADE will
manufacture and ship a new fabric at no charge for 5 years.
• This warranty shall be void if damage to the fabric is caused by contact with chemicals, misuse,
vandalism, any Act of God (ie. hurricane, tornado, micro /macroburst), including, but not limited to,
ice, snow, or wind in excess of the applicable building code parameters.
• All fabric tops are warranted for winds /gusts up to 90mph and prior to snow or ice accumulation.
• All fabric curtains, valances and flat vertical panels are not covered under the warranty.
• USA SHADE structures are designed to eliminate friction between the rafters and fabric. The
warranty will be voided if any modification or attachment is made to the rafter(s). The fabric will
wear /tear should any object be placed between the rafter and the fabric, voiding the warranty.
• Labor for the removal, assembly, and /or freight will be covered for a period of 1 year, where the
structures supplied and assembled by USA SHADE are defective. In all cases where the
structures are not assembled by USA SHADE or its agents, all labor for the removal, assembly
and /or freight will be at the customers' expense, and the warranty will only be applicable to the
repair or replacement of the defective materials.
• USA SHADE reserves the right, in cases where certain fabric colors have been discontinued, to
offer the customer a choice of available colors to replace the warranted fabric of the discontinued
color. USA SHADE does not warrant that any particular color will be available for any period of
time and reserves the right to discontinue any color for any reason, without recourse by the
owner of the discontinued fabric color.
NOTE: ShadesureTM and Colourshade® FR fabric warranties cover fabric tops up to 40' in length. Fabric
tops over 40' in length are covered by a non - prorated 5 -year warranty. Additionally, fabric tops made
from other fabric types (ie. Sunbrel/a®) will include their respective manufacturer's warranty.
Shadesure and Coolbrella are trademarks of USA SHADE & Fabric Structures, Inc.
Colourshade is a registered trademark of Multiknit Pty. Ltd.
Sunbrella is a registered trademark of Glen Raven Custom Fabrics, LLC.
Steel:
• The structural integrity of the steel is warranted for 10 years.
• Workmanship and powder coated surfaces are warranted for 1 year.
• This warranty shall be void if damage to the steel frame is caused by misuse, vandalism, any Act
of God (ie. hurricane, tornado, micro / macroburst), including, but not limited to, ice, snow, or wind in
excess of applicable building code parameters.
Thread:
• USA SHADE warranties its sewing thread for a period of 8 years.
• The thread will be free from defects in material1workmanship and will not be damaged by exposure
to sunlight, weather, or water.
• This warranty does not cover damage from fire, cuts, vandalism, misuse, or any Act of God (ie.
hurricane, tornado, micro /macroburst), including, but not limited to, ice, snow, or wind in excess of
the applicable building code.
• Labor for the removal, assembly and /or freight of tops with damage caused by thread, will only be
covered in instances where USA SHADE has assembled the unit. In all cases where units where
not assembled by USA SHADE, all labor for the removal, assembly and /or freight will be for the
customers account and the warranty will only be applicable to the repair or replacement of
defective materials.
k k 2014 Play Equipment Warranty
landscape
structures' You have our word.
Landscape Structures Inc. warrants that all playstructures and /or equipment
sold will conform in kind and in quality to the specifications manual for the
products identified in the Acknowledgment of Order and will be free of
defects in manufacturing and material. Seller further warrants.
All the warranties commence on date of Seller's invoice. Should any failure
to conform to the above express warranties appear within the applicable
warranty period, Seller shall, upon being notified in writing promptly after
discovery of the defect and within the applicable warranty period, correct
such nonconformity either by repairing any defective part or parts, or by
making available a replacement part within 60 days of written notification.
Seller shall deliver the repaired or replacement part or parts to the site free
of charge, but will not be responsible for providing labor or the cost of
labor for the removal o' the defective part or parts and the installation of
any replacement part or parts. Replacement parts will be warranted for the
balance of the original warranty.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS
FOR A PARTICULAR PURPOSE.
The remedies hereby provided shall be the exclusive and sole remedies
of the purchaser. Seller shall not be liable for any direct, indirect, special,
incidental or consequential damages.
Seller neither assumes nor authorizes any employee, representative or any
other person to assume for Seller any other liability in connection with the sale
or use of the structures sold, and there are no oral agreements or warranties
collateral to or affecting this agreement. The warranty stated above Is valid
only if the structures and /or equipment are erected in conformance with
Landscape Structures' installation instructions and maintained according
to the maintenance procedures furnished by Landscape Structures Inc.;
have been subjected to normal use for the purpose for which the goods
were designed, have not been subject to misuse, negligence, vandalism,
or accident; have not been subjected to addition or substitution of parts;
and have not been modified, altered, or repaired by persons other ;han
Seller or Seller's designees In any respect which, it the judgement of Seller,
affects the condition or operation of the structures. To make a claim, send
your written statement of claim, along with the original job number or
invoice number to: Landscape Structures Inc. 601 7th Street South, Delano,
Minnesota, 55328 -8605.
Signed: Chairman Date: 01/01/2014
Terms of Sale
PRICING: Landscape Structures' list prices do not
include delivery and handling charges. Prices are subject
to change without notice.
TERMS: To tax - supported institutions and those with
established credit: net 30 days from the date of the
invoice. 1.5% per month thereafter; freight charges are
prepaid and applied to the invoice.
TAXES: Landscape Structures' list prices do not include
applicable taxes, if any.
WEIGHTS: Weights are approximate and may vary.
DELIVERY: If delivery of the equipment is by common
carrier, and there is damage or a shortage, notify the
carrier at once and sign delivery documents provided
by the carrier noting the damage or shortage. Most
products are delivered on large pallets and will require
a forklift or similar equipment to unload as a unit on
the site.
INSTALLATION: All playstructures and /or equipment
are delivered unassembled and packaged with recyclable
materials. For a list of factory - certified installers In
your area, please contact your Landscape Structures
playground consultant.
SERVICE: We have knowledgeable, qualified playground
consultants throughout the world who are available to
help you before, during and after the sale. Landscape
Structures has exclusive design software that features
all of our parts and pieces in pull -down menus. With
this software, your playground consultant can design a
playground layout that meets not only your needs, but
ASTM and CPSC standards as well. In addition, we have
a full staff of NPSI- certified designers, along with 2 -D
and 3 -D drawing capabilities and custom capabilities to
assist you with your playground plans.
RETURN POLICY: As an indication of our commitment
to our customers, Landscape Structures will accept
returns of new structures and /or new equipment
purchased within 60 days of the original invoice date.
Advance notification is necessary to ensure proper
credit. Parts not included in this return policy are custom
parts (including PlayShaper® posts), as well as used
or damaged parts. A 20% restock fee plus all return
freight charges will apply to all product returns. NOTE:
All parts are subject to inspection upon return. Parts
returned damaged may not receive a full credit. For this
reason, it is important that all returned parts are properly
packaged to prevent damage while in transit.
PRODUCT CHANGES: Because of our commitment to
safety, innovation, and value, we reserve the right to
change specifications at any time.
PLEASE CONTACT US AT:
Landscape Structures Inc.
601 7th St. South
Delano, MN 55328 -8605
888.438.6574 (inside the U.S.A.)
763.972.5200 (outside the U.S.A.)
playlsi.com
a&
landscape
structures®
601 7th Street South • Delano, MN 55328 -8605 - 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com
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TO:
VIA:
FROM
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
Susan Simpson, Cultural and Community Services Director
2/20/2014
Agreement with Rep Services for a Complete Playground at
Intracoastal Park
RECOMMENDATION:
It is recommended that the City Commission approve the attached resolution to
enter into an agreement with Rep Services, Inc. for the purchase and installation
of a complete playground, inclusive of safety surfacing and shade, for
Intracoastal Park in an amount not to exceed One Hundred, Forty Nine
Thousand, Nine Hundred, Ninety Nine Dollars and Eighty Four Cents
($149,999.84).
REASONS:
Intracoastal Park was designed with a sixty foot diameter play area. The original
plan was to install the used playground equipment from Samson Oceanfront
Park that was displaced while that park is under renovations. During the park
development, a community partner was identified that proposed a brand new
playground at no cost to the City. The Dezer Family offered a new playground
and the City would name it the Dezer Family Playground. Rep Services, Inc.
provided a proposal based on the theme selected by the Dezer Family.
The attached agreement is for a complete playground inclusive of a poured -in-
place safety surfacing and shade structure. Rep Services, Inc. will be responsible
for the design, delivery, installation and warranty of all elements of the
playground. The City will prepare the area for the playground and procure and
install the surrounding sidewalk, landscaping, naming sign, site amenities and
Agenda Item No. I OS
Date 2/20/2014
347
fence to complete the playground area located at the south end of the park.
ADDITIONAL INFORMATION:
This agreement is based on pricing as per the Clay County contract which was in
effect at the time of original quote. That contract since expired on 1/31/14 and
was renewed in February 2014 however the award letter is not available at this
time. Therefore, it is requested, that the City Commission authorize the waiver of
the competitive bidding procedure as it is in the City's best interest to do so as
per section 62 -12 of the City Code. To hold this item for the March agenda, when
the formal letter from Clay County is available, will result in a significant delay in
the completion of Intracoastal Park. Upon receipt of the award letter, it will be
added to the file.
FUNDING SOURCE:
Funding for this agreement will come from the donation being made by the Dezer
Family in the amount of $150,000.
ATTACHMENTS:
• Resolution
• Agreement
Agenda Item No.I OS
Date 2/20/2014
348