HomeMy WebLinkAboutReso 2007-1066
RESOLUTION NO. 2007 - .!.flU
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH KOOL PLAYGROUNDS, FOR THE PURCHASE AND
INSTALLATION OF PLAYGROUND EQUIPMENT AND RELATED
ITEMS FOR THE TOWN CENTER PARK, UNDER AN EXISTING
MUNICIPAL CONTRACT, IN AN AMOUNT NOT TO EXCEED
NINETEEN THOUSAND FIVE HUNDRED THIRTEEN DOLLARS AND
SIXTY-ONE CENTS ($19,513.61), ATTACHED HERETO AS EXHIBIT
"A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") is in need of playground equipment and
related items, to include swings and safety surfacing, for its Town Center Park; and
WHEREAS, the School Board of Volusia County, FL, issued Invitation to Bid No. PL-
731 KP Purchase of Playground Equipment for playground equipment and related items; and
WHEREAS, the School Board of Vol usia County sent Bid No. PL-731KP to fOlty-nine (49)
prospective bidders and received eight (8) bid responses; and
WHEREAS, the School Board of V olusia County awarded Bid No. PL-73 I KP to Kool
Playgrounds, in the rate, terms, and conditions outlined on Attachment "B"; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts or competitive bids with other governmental agencies
shall be exempt from the City's competitive bidding proccdures; and
WHEREAS, Kool Playgrounds is qualified, willing, and able to provide the desired
equipment and services to the City at the same rate, terms, and conditions set forth in Attachment
"B"; and
WHEREAS, Kool Playgrounds has submitted a proposal for the purchase and installation of
playground equipment and related items (swings and safety resurfacing), in an amount not to exceed
Nineteen Thousand Five Hundred Thirteen Dollars and Sixty-One Cents ($19,513.61), attached
hereto as Attachment "A"; and
WHEREAS, the City wishes to enter into the agreement with Kool Playgrounds for said
equipment and services, attached hereto as Exhibit "A" and incorporating Attachments "A" and "B".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
R2007- Playground Equip Agrmt with Kool Playground - I ~
Section 1. Approval of Agreement. The Agreement by and between the City of Sunny Isles
Beach and Kool Playground, in an amount not to exceed Nineteen Thousand Five Hundred Thirteen
Dollars and Sixty-One Cents ($19,513.61), attached hereto as Exhibit "A" be, and the same, is
hereby approved.
Section 2.
Authorization ofMavor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of Citv Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of the Agreement.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of March 2007.
?) VJ4~1Jj
orman S. Edelcup, Mayor
ATTEST:
~~L
Jane A. Hines, CMC, City Clerk
'onn and
Seconded by:
VI (~ VV\U::l'v 1\\M-~
~Y'lvwJt\A.l ~ 6~~z.uJ
Moved by:
Vote: ~-()
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
~es)
(Yes)
----;;;::(Y es)
~Yes)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2007- Playground Equip Agnnt with Kool Playground - 2 -
Exhibit "A"
CITY OF SUNNY ISLES BEACH
SWINGS AND SAFETY SURFACING
PURCHASE AND INSTALLATION AGREEMENT
WITH KOOL PLAYGROUNDS
CONTRACT NO. 0607-023
THIS AGREEMENT made and entered into this /111/- day of '71/tU?'1. 2007,
by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of
the State of Florida, (hereinafter referred as to "City") and KOOL PLAYGROUNDS, a Florida
corporation, authorized to do business in the State of Florida, (hereinafter referred to as
"Contractor"), whose Federal I.D.# is [) ;;<677 $?;)..qc,/ .
RECITALS
WHEREAS, the School Board of Volusia County, FL, issued Invitation to Bid No. PL-
73! KP Purchase of Playground Equipment for playground equipment and related items; and
WHEREAS, the School Board of Vol usia County sent Bid No. PL-73IKP to forty-nine
(49) prospective bidders and received eight (8) bid responses and two (2) "No Bid" responses;
and
WHEREAS, the School Board of Volusia County reviewed the bids received and
awarded Bid No. PL-73! KP Purchase of Playground Equipment to Kool Playgrounds
("Contractor"), in thc tcrms and conditions outlined in Attachment "B"; and
WHEREAS, the City of Sunny Isles Beach ("City") is also in need of playground
equipment and related items for the Town Center Park; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts or competitive bids with other govcrnmental
agencies shall be exempt from the City's competitive bidding procedures; and
WHEREAS, the Contractor is qualified, willing and able to provide the desired Services
for the City at the same rate, terms and conditions set forth herein; and
WHEREAS, the City wishes to employ Contractor to provide Services more particularly
described in shown in "Attachment A", attached hereto and made a part hereof.
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
named, the parties hereto agree as set forth below:
1. RECITALS. The recitals set forth above are hereby incorporated into this Agreement
and made a part of hereof for reference.
2. ITEMS TO BE PURCHASED. Contractor shall perform the following Services more
particularly described in shown in "Attachment A", attached hercto and made a part hereof.
0607-023 Kool Playground Swings & Surfacing Agrmt Page I
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
The total price for these Services shall not exceed $19,513.61, payable: [8]monthly 0 as invoiced.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Paragraph 10 hereunder, the Services shall commence upon the execution of this
Agreement and terminate upon completion of Services as provided in "Attachment A". Any
change in fee, terms or conditions shall be accomplished by written amendment to this
Agreement.
4. COMPENSATION. 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", which fee shall be disbursed on a monthly basis and under the following
conditions:
a. Disbursements. There are no reimbursable expenses associated with this
Agreement.
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 ordcr 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 and 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. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are
discovered during the performance of this Agreement, the City shall have the right to cancel this
0607-023 Kool Playground Swings & Surfacing Agrmt
Page 2
City of Sunny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Agreement upon thirty (30) days written notice to Coutractor. Upon termination, the City may
re-bid the project if the Contractor fails to perform under this Agreement due to the undisclosed
conditions.
6. INDEPENDENT CONTRACTOR RELATIONSHII'. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay for Social Security 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.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procurc and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, subcontractors or employees, as indicated below:
o 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 limits of One Million Dollars ($1,000,000) combined single limit
occurrence.
o Workmen's Compensation, with no less than $100,000 for Employer's Liability.
Said coverage shall include a waiver of subrogation in favor of the City, its
agents, employees and officials.
o Errors and Omission -- Contractor shall carry a minimum of $500,000 coverage
for errors and omissions.
o Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for limits of not less than $500,000 per occurrence,
Combined Single Limit or its equivalent.
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. I'rior to the execution of thc
Agreement, and at any timc upon requcst, Contractol' shall furnish to the City ccrtificatcs
of insurance cvidencing thc minimum rcquircd coveragc aud shall bc appropriately
0607-023 Kool Playground Swings & Surfacing Agrmt
Page 3
City of SUIlIlY Isles Beacll
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
endorsed for eontractualliability, 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's Risk Management Department. 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 subcontractors 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.
8. 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.
Contractor shall deliver to the City for approval and acceptance, and before being eligible
for final payment or any amounts due, all documents and materials prepared by, and for, the City
under this Agreement.
All oral and written information not in the public domain or not previously known, and
all information and data obtained, developed or supplied by the City, or at its expense, will be
kept confidential by the Contractor and will not be disclosed to any other party, directly or
indirectly, without the City's prior written consent, unless required by a lawful order. All
drawings, maps, sketches, programs, data base, reports and other data developed or purchased
under this Agreement for, or at the City's expense, shall be and remain the City's property and
may be reproduced and reused at the discretion of the City.
The City and Contractor shall comply with the provlSlons of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise
made in writing by any party pursuant hereto, including, but not limited to, any representations
made herein relating to disclosure or ownership of documents, shall survive the execution and
delivery of this Agreement and the consummation of the transactions contemplated hereby.
9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its
officers, agents, and employees from, and against any and all claims, actions, liabilities, losses
and expenses including, but not limited to, attorney's fees for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or
may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct
of the Contractor, agents or other personal entity acting under Contractor's control in connection
with the Contractor's performance of Services pursuant to this Agrecment and to that extent the
0607-023 Kool Playground Swings & Surfacing Agrmt
Page 4
City of SIII/I/Y Isles Beacft
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor shall pay such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses including wrongful termination
or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees
expended by the City in defense of such claims and losses including appeals. The parties agree
that ten percent (10%) of the total compensation is a specific consideration from the City to the
Contractor for this indemnity.
10. TERMINATION.
a. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a
timely maImer 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 excrcise 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 thirty
(30) days written notice to cure such default. Ifthe default remains uncured thirty (30) days after
the City's notice, the City may terminate this Agreement.
i. In the event of termination, all finished and unfinished documents,
data and other work product prepared by Contractor (and
subcontractor[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
payments 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.
Ill. After receipt of a Termination Notice and except as otherwise directed
by the City, the Contractor shall:
I. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts
relating to the performance of the terminated work.
3. Transfer all work in process, completcd work and
other materials related to the terminated work to
the City.
4. Continue and complete all parts of that work that
have not been terminated.
0607.023 Kool Playground Swings & Surfacing Agrmt
Page 5
City of SlInny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
b. Termination for Convenience of City. The City may, for its convenience and
without cause, terminate the Services then remaining to be performed by providing thirty (30)
days notice.
c. Termination for Insolvencv. Thc City also reserves the right to terminate the
rcmaining Services to be performed in the evcnt the Contractor is placed either in voluntary or
iuvoluntary bankruptcy or makes any assignment for the benefit of creditors.
11. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not
subcontract, assign or transfer any work under this Agreement without the prior written consent
of the City. Should the Contractor subcontract any Services under this Agreement, it shall be
done with continued liability for the Contractor. The Contractor shall remain responsible for
Services, responsibilities and liabilities of any person or entity acting under Contractor.
12. TIME OF COMPLETION. The Services to be rendered by the Contractor shall be
commenced upon execution of this Agreement and shall be completed within the time specified
in Exhibit "A", if any time is indicated. A reasonable extension of time shall be granted in the
event the work of the Contractor is delayed or prevented by the City or by circumstances beyond
the reasonable control of the Contractor including weather conditions or acts of God which
render the performance of the Contractor's duty impracticable.
13. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that it has
and will continue to maintain all licenses and approvals required to conduct its business and that
it will at all times conduct its business activities in a reputable manner. Proof of such licenses
and approvals shall be submitted to the City prior to commencement of work under this
Agreement.
14. MODIFICATIONS OF WORK. The City reserves the right to make changes in the
work, including alterations, reductions or additions thereto. Upon receipt of the City's
notification of a contemplated change, the Contractor shall (l) if requested by the City, provide
an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
City of any estimated change in completion date, and (3) advise the City in writing if the
contemplated change shall affect the Contractor's ability to mect the completion dates or
schedules of this Agreement.
15. COORDINATION OF SERVICES. The City's representative/liaison during the
performance of this Agreement shall be the Susan Simpson, Cultural and Human Serviccs
Director, telcphonc numbcl' 305/792-1706. Contractor shall not respond to requests for
Services under this Agreement unless the request is received directly from Susan Simpson, or
designated personnel. Any requcsts received from other City departments/divisions shall be
referred to the City Manager's Department representative designated above. Serviccs pcrformcd
without authorization by thc City Manager, or designce, shall bc considcred unauthorizcd
and shall not be compensated/paid by the City.
16. ARBITRATION. It is thc intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
0607-023 Kool Playground Swings & Surfacing Agrmt
Page 6
City of Sunny Isles Beacll
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. The non-prevailing party shall pay all
costs of arbitration and attorneys' fees incurred by the parties or, if neither party prevails on the
whole, each party shall be responsible for a portion of the costs of arbitration and their respective
attorneys' fees as may be determined by the court on confirmation.
17. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Contractor's Services are completed or terminated, 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 in a court of equity for violating such
proVISIons.
18. NOTICES. All notices and communications hereunder shall be in writing and shall be
deemed given when sent postage prepaid by registered or certified mail, return receipt requested
and, if intended for City to the A. John Szerlag, City Manager, with a copy to Hans Ottinot,
City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, SUtmy Isles Beach, Florida
33160, and, if intended for Contractor, shall be addressed to Kool Playgrounds, 1653 Flounder
Street, Sf. Cloud, Florida 34771, Attention: SldJ! Kamber, . Telephone: (407)
891-8017; Fax: (407) 891-2833.
19. GOVERNING LAW. The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
State of Florida, without regard to principles of conflict of laws thereof. The location of any
action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade
County, Florida.
20. 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.
21. 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 I 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 I 1063, and with
Executive Order 11248 as amended by Executive Orders 113 75 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/family 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 payor
0607-023 Kool Playground Swings & Surfacing Agrmt
Page 7
City of SlIlIny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
22. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
Sunny Isles Beach Ordinance No. 99-82, as amended, which are incorporated by reference herein
as if fully set forth herein, in connection with the Agreement conditions hereunder.
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly that should conflict in any manner or degree with the performance of the Services.
23. CONFLICTING PROVISIONS. The tcrms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other documents attached
hereto.
Where applicable, in the instances where the exhibits make reference to the "School Board of
Volusia County" shall be replaced by the "City of Sunny Isles Beach".
24. MISCELLANEOUS.
a. The rights granted to Contractor hereunder are nonexclusive, and the City reserves the
right to enter into agreements with other persons or firms to perform Services iucluding those
provided hereunder.
b. Contractor and its employees shall promptly obscrve and comply with applicable
provisions of all published federal, state and local laws, rules and regulations which govern or
apply to the Services rendered by Conlractor hereunder, or to the wages paid by Contractor to its
employees.
c. Contractor shall obtain and keep in force during the term of this Agreement all necessary
licenses, registrations, certificates, permits and other authorizations as are required by law in
order for Contractor to render the Service(s) required hereunder.
d. Contractor shall not use the name or official seal of the City in any promotional material
without the prior written consent of the City.
e. Except as expressly provided for in this Agreement, Contractor is not authorized to act as
the City's agent hereunder and shall have no authority, expressed or implied, to act for or bind
the City hereunder, either in Contractor's relations with subcontractors, or in any other manner
whatsoever.
0607-023 Kool Playground Swings & Surfacing Agrmt
Page 8
City of Sunny Isles Beae"
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
25. ENTIRE AGREEMENT. This Agreement and Exhibits, which are expressly
incorporated herein by reference, shall constitute the entire Agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous ora]
and written negotiations, commitments, agreements and understanding relating hereto. This
Agreement may be executed in multiple identical counterparts, each of which shall be deemed an
original for all purposes.
26. AMENDMENT. Any modification of this Agreement shall be effective only if in
writing and signed by the parties to this Agreement. No waiver of anv provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and signed bv the party
granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the
day and year first written above.
WITNESS:
Kool Playg,"olluds
~
~ .-^Q
By: ,J/~A~~ I tc~-
Skip Kamber,
Print Name: """)6/JAf' S '"J"JrL---P077'
/w.. 7;Jd,qy
Print Name: NfI77h...lG" 7%'(.M-n-
ATTEST:
CITY OF SUNNY ISLES BEACH
~. ~
.'By:' . ~".&-t. . ,__
Jane A. Hines, City Clerk
q;) ~ un} j
(-
By:
0607-023 Kool Playground Swings & Surfacing Agrmt
Page 9
~
1653 Flounder St.
St. Cloud, FL 34771
407-891-8017 Phone
407 -891-2833 Fax
sales@koolplaygrounds.com
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QUOTE
A Korkat Inc Affiliate
he....
Date
. 03/08/07
Quote #
KAMQ1011
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Sold To: City of Sunny Isles Beach
Matt High
18070 Collins Avenue
Town Center Park
Sunny Isles Beach, FL 33160
United States of America
Ship To: City of Sunny Isles Beach
Matt High
18070 Collins Avenue
Town Center Park
Sunny Isles Beach, FL 33160
United States of America
Phone: (305) 792-1799
Fax: F(305) 792-1566
Phone: (305)792-1799
Fax: F(305) 792-1566
TERMS OF SALE: We submit this quotation as an offer to sell equipmenUservices
to the Buyer listed above. This is not an acknowledment and no goods will be
produced until all requirements are met as stated herein to the satisfaction of the
Seller. To accept this quotation, please sign, date and return with any other
materials required. Once signed and accepted by Seller, any changes must be
submitted in writing and approved by the Seller. No goods may be returned without
the prior written consent of the Seller.
r
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Terms Rep P.O. Number Ship Via
NET 30 Skip Kamber Best Way
Part Number Qty Description List Price Unit Price Ext. Price
Volusia County School Board nBid #PL-731 P, dated
1/16/2007
90015501 Playland 5" Arched swing frame $1,556.00 $1,556.00 $1 ,556.00
90015230 Playiand full bucket seats to include PVC coated chain set $238.00 $238.00 $238.00
90015061 Playland 5" Arched Tire swing with tire and PVC coated chain $1,523.00 $1,523.00 $1,523.00
SubTotal $3,317.00
20.0% Discount -$663.40
INSTALL Installation of above equipment $928.76 $928.76 $928.76
TURF 1.277 SF Play-on Surfacing 1277 SF of artificial Turf. Includes freight $11.25 $11.25 $14.366.25
& Installation
TREX 132 Trex boards as border for Turf. includes freight & Installation $7.50 $7.50 $990.00
SubTotal $18.938.61
Sales Tax $0.00
Shipping $575.00
Total $19,513.61
Attachment "A"
Quote # KAMQ1011
Page
of 2
Prices quoted are good for gO days and are subject to total purchase. except for shipping which is subject to market changes.
PAYMENT TERMS: The total is due 30 days from invoice date.
MAKE CHECKS PAYABLE TO: Kool Playgrounds, LLC. No retainers or holdbacks are allowed.
In addition to the prIces stated herein, Buyer agrees to pay the Seller interest on accounts past due at a rate of 1.50% per month or the maximum allowable interest rate applicable by
law, whichever is lower and all collection costs including attorney's fees and other costs involved in the collection of any account past due.
SPECIFICATIONS:AII equipment is per manufacturer's current catalog specification with standard corors. Installation does not include any ground preparation, landscaping, borders or
surface media such as sand, mulch, etc., unless stated. We are not responsible for any damages 10 underground utilities, irrigation lines, etc., unless they have been maked and
brought to our attention. Kool Playgrounds, LLC is nol responsible for permits or their associated costs unless stated. However we will provide necessary documents for permits and
will charge 10 the customer the costs involved to obtain permits such as engineering, couriers, permit fees, etc.
SHIPPING INFORMATION: Shipping schedule is an estimate only. We do our best to maintain timely schedules. We are nol responsible for any cost or damages resulting from
shipping delays. The Shipping Schedule does not include, nor are we responsible for, time in transit. Shipping charges do not include truck unloading.
By signing this quotation, you agree to the above terms and will process accordingly.
Signature
Printed Name
Date---1_/_
Thank you for the opportunity to quote you from our line of products. Please call us if you have any questions.
Quote # KAMQ1011
Page
2
of 2
P~ay~and \t\larranty
PLAYLAND GENERAL GUARANTEE:
Playland warrants its products to be free from defect in materials
and workmansllip during installation and normal use.
Playland Further warrants the Following:
. Limited Lifetime warranty on all Galvanized Steel Posts.
Stainless Steel Hardware, Aluminum Deck and Component
Clamps. and Aluminum Post Caps.
o Limited lS-Yearwarrantyon all Punched Decks.
o Limiteell0.Year Warranty on all Rails, Rungs. loops,
Rotomolded Components. anel Plastic slleet Components.
o Limited l-Year warranty on all Moving Parts. Swing Seats.
Swing Hangers. anel otller materials not covered above.
The warranty stated allove is valid only if tile structure is installed in conformity witl1 the installation instructions provided by
Playlane] using parts approved by Playland. All parts are to I)e subject to normal use for the purpose of which the parts were
designed. Prior to installation. the parts are not to Ile subject to vandalism. misuse. neglect or accident. Parts are not to be
altereel. modifieel. or repaired by anyone otller tllan Playlanel.
.~
TI,is warranty eloes not cover cosmetic items (i.e. scratches. dents. fading. eliscoloring. weathering). paint or decorations. and
normal wear ami tear,
Playland sllall eleliver 1I1e repairee! or replacement part or parts to tile site free of cllarge. but will not be responsible for labor
or tile cost of labor on replacing tllese parts. Replacement parts shall be covered under tile original warranty.
This warranty is exclusive anel is in lieu of all olller warranties. whetl1er expressed or implied. including but not limited to any
warranty of mercl1amallility or fitness for a particular purpose. Furtller. no representation. written or oral. of any Playland sales
representative may be substituted lor tile afore describeel exclusive limited warranty. To tile extent permitteel by law, Playland sllall
not be liable for any elirect. Indirect, special. incidemal, or consequential damages. Wllich are expreSSly excluded from this sale.
TERMS AND CONDITIONS
PRICING: Prices do not include elelivery and installation charges and are subject to cllange without notice.
TERMS: To tax supporteel institutions and those with established credit. Net 30 days from date of invoice. 1.5% per montll tllere.
after: freight charges are prepaid and adeled to invoice. To all others: payment in advance.
TAXES: Prices cia not include applicallle taxes, if any.
DELIVERY: Delivery of products is by common carrier. Slloule! there be damages or shortages, notify carrier at once and sign tile
delivery receipt noting tile damages 01' shortages. Shouid it be necessary, we offer tile service of filing freight claims for custom.
ers. We will need the original freight Ilill showing tile sllortage or damage and the signature of tile driver.
WEIGHTS: The weights sllown are approximate and may vary. In order to Ilonor our commitment to quality and safety. Playland
. "f'eserves tile rigllt to make cl1anges to any product sllown in this cataiog.
,
I
Answers to your playground questions are just a pllone call away 1.300.356.4727 @
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SCHOOL DISTRICT OF VOLUSIA COUNTY
BID SUMMARY SHEET. DOLLAR IMPACT
BID NUMBER PL.731KP
DATE:
1/1612007
BID NAME: PURCHASE OF PLAYGROUND EQUIPMENT
Estimated Total Award Amount
Previous Bid Date: 5/11/04
Dollars:
$ 23,048.00
Currrent Bid Date: 211/07 Dollars: $ 113,858.44'
'Estimata 5 naw alementary school construction projects that will take place during this contract period.
COST COMPARISON:
DESCRIPTION PREVIOUS CURRENT DIFFERENCE PERCENT
Primary Composne $ 8,695.00 $ 9,047.36 352.36 4.1%
Intennediate Composne $ 11,795.00 $ 15,683.00 3,888.00 33.0%
Balanca Beam, Curved $ 335.00 $ 320.00 -15.00 -4.5%
Tri-Level Chinning Bar $ 360.00 $ 370.00 10.00 2.8%
Benches $ 408.00 $ 549.00 141.00 34.6%
VENDOR AWARD RECOMMENDATIONS:
Vendor dollar amount is for individual piece award using a quantity of one eech.
VENDOR
DOLLAR AMOUNT
PERCENT
BYO Playground, SI. Augustine, FL
Contract Connections, Inc., Jscksonville Beach, FL
Gamelime, Longwood, FL
Playmore West, Inc., Ft. Myers, FL
$ 2,740.00
$ 1,098.00
$ 9,047.36
$ 21,529.61
2%
1%
8%
19%
Volusla County Businesses: $ 0%
Other Florida Businesses: $ 34,414.97 100%
State of Florida Total: $ 34,414.97 100%
Out of State: $ 0%
Bid Tolal $ 34,414.97 100%
Page 1 of5
Attachment "B"
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City Commission
Norman S. Ede\cup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
18070 Collins Avenue, Sunny Isles Beach, FL 33160
305.947.0606 www.sibfl.net
January 19, 2007
Cynthia Johnson-Stacks
Assistant County Attorney
Miami-Dade County
111 N. W. First Street, Suite 2810
Miami, Florida 33128
Re:
Addendum to 2nd Jnterlocal Agreement with Miami-Dade County for FPL
Franchise Fees
Dear Ms. Johnson-Stacks:
At its regular meeting of February 15,2007, the City Commission adopted Resolution
No. 2006-1046, which approved the Addendum to the Second Interlocal Agreement
with Miami-Dade County for the disbursement ofFPL Franchise fees. Enclosed are a
certified copy of the approving resolution and the three (3) original agreements. The
documents have been properly executed by the appropriate Sunny Isles Beach parties.
Upon execution by the appropriate Miami-Dade County parties. please forward an
oril!inal. executed al!reement to my attention for our files.
Thank you.
Very truly yours,
~~~
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: A. John Szerlag, City Manager (w/o attachments)
Hans Ottinot, City Attorney (w/o attachments)
Shaun S. Gelvez, Contracts Coordinator (w/o attachments)
Office of the City Clerk (305) 792-1703 Phone (305) 949-31 \3 Fax
MDC FPL Franchise Fees For Sig Trans Ltr
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin. Vice Mayor
Lewis J. Thaler, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Allorney
Jane A. Hines, City Clerk
MEMORANDUM
To: Honorable Mayor and City Commission
Via: A. John Szerlag, City Manager
FROM:
Doug Haag, Assistant City Manager - Finance
\JV1 \}
DATE: February 15,2007
RE: SECOND INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY
RE: FPL FRANCHISE FEES
RECOMMENDATION:
This resolution is presented for your consideration and approval of the attached Interlocal
Agreement addendum with Miami-Dade County.
BACKGROUND:
The attached agreement represents resolution of a dispute between several area cities and Miami-
Dade County. In 2002, when the county issued the FPL franchise fee payment to the cities for
FY 2001-02, the amounts were reduced compared to the prior year despite tremendous growth in
the incorporated cities involved. It was subsequently determined that the County budget officials
unilaterally decreased the amounts based on their review of the methodology used by the County
to calculate payments of the franchise fees to the cities. After several unsuccessful meetings
with the County to resolve the issue, the cities of Key Biscayne, Miami Lakes, Pinecrest,
A ventura and Sunny Isles Beach retained the firm of Public Resources Management Group, Inc.
to audit the methodology used by the County.
The report issued in 2005 revealed that the County methodology was in error and not in
compliance with the interlocal agreements in place at that time. The Interlocal Agreement you
have before you represents the final settlement of this issue.
The agreement includes a) the County agreeing to reimburse each city over a three year period
for the difference in the disputed franchise free calculations in the past. This will result in annual
payments to the City of Sunny Isles Beach in the amount of $260,962 for a total of $782,886 for
the next three years, and b) a new methodology to calculate the franchise fees to the satisfaction
Agenda Item ---1 0 A
Date '2,-( <;-07
2/2/2007
Page 2
of the cities which will result in still more revenues to the City of Sunny Isles Beach on an
annual basis.
Re: 2nd lnterlocal Agreement with MDC for FPL Franchise Fees
Page 1 of 1
Priscilla Walker
From: Johnson-Stacks, Cynthia (CAO) [CJS2@miamidade.gov]
Sent: Wednesday, February 21, 20076:54 PM
To: Priscilla Walker
Subject: Re: 2nd Interlocal Agreement with MDC for FPL Franchise Fees
111 NW 1 ST, Ste. 2810., 33128
Sent from my BlackBerry Wireless Device
-----Original Message-----
From: Priscilla Walker
To: Johnson-Stacks, Cynthia (CAO)
CC: Hans Ottinot; Jane Hines
Sent: Wed Feb 21 09:49:292007
Subject: 2nd 1nterlocal Agreement with MDC for FPL Franchise Fees
Good morning Ms. Johnson-Stacks,
At its regular meeting of February 15,2007, the City Commission of the City of Sunny Isles Beach adopted Resolution No. 2007-1046, which
approved an Addendum to the Second Interlocal Agreement with Miami-Dade County for the disbursement of FPL franchise fees. Our City
Attorney, Hans Ottinot, has requested that I forward a certified copy of the resolution and the (3) original agreements to you for County
approval. As such, please provide me with your mailing address.
Thank you.
Priscilla Walker, CMC, Deputy City Clerk
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, FL 33160
(305) 792-1703 Phone (305) 949-3113 Fax
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,
do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN
COMMUNICA TIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC
RECORDS A V AILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E-MAIL
COMMUNICA nONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE.
2/22/2007
....
. Re: FP&L Franchise Fee Agreement
Page 1 of2
.~
Jane Hines
From: Hans Dttinot
Sent: Friday, February 16, 2007 11: 13 AM
To: 'Johnson-Stacks, Cynthia (CAD)'; DWolpin@wsh-law.com; ceverett@pinecrest-fl.gov
Cc: Jane Hines
Subject: RE: FP&L Franchise Fee Agreement
Cynthia,
We approved the amended interlocallast night. I have asked the City Clerk to send you a certified copy of the
resolution and interlocal.
Please feel free to contact if you have any questions.
Hans OUinot
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue, 4th FL
Sunny Isles Beach, FL 33160
Phone: 305-792-1702
Fax: 305-792-1562
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From: Johnson-Stacks, Cynthia (CAD) [mailto:CJS2@miamidade.gov]
Sent: Thursday, February 15, 2007 6:26 PM
To: DWolpin@wsh-law.com; ceverett@pinecrest-fl.gov; Hans Dttinot
Subject: Re: FP&L Franchise Fee Agreement
David,
Have you seen the Pinecrest resolution and attached contract? It was the latest version of the documents and the one we
anticipate that the cities will sign. Is A ventura authorized to execute this version?
Cynthia Johnson-Stacks
Sent from my BlackBerry Wireless Device
-----Original Message-----
From: David M. Wolpin
To: Cynthia Everett (OVA); hottinot@sibfl.net
CC: Johnson-Stacks, Cynthia (CAD)
Sent: Wed Feb 07 15:39:332007
Subject: RE: FP&L Franchise Fee Agreement
A ventura one was approved a while back.
2/20/2007
Re: FP&L Franchise Fee Agreement
Page 2 of2
David M. Wolpin, Esq.
Equity Shareholder
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.A.
2525 Ponce De Leon Blvd., Suite 700
Coral Gables, FL 33134
DWolpin@wsh-law.com
Tel: 305-854-0800
Fax: 305-854-2323
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notify the sender immediately by telephone (305-854-0800) or by return
e-mail and delete the message, along with any attachments.
-----Original Message-----
From: Cynthia Everett (OY A) [mailto:ceverett@pinecrest-fl.gov]
Sent: Wednesday, February 07, 20071:48 PM
To: hottinot@sibfl.net; David M. Wolpin
Cc: cjs2@miamidade.gov
Subject: FP&L Franchise Fee Agreement
Hi All,
What is the status of your agreements and assuming they are approved,
how soon will you be getting them to the County?
Cynthia Everett
2/20/2007