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Home My WebLink AboutDocumentation_Regular_Tab 03_7/11/2024 Agenda Item #3. Regular Council STAFF MEMO Meeting: Regular Council - Jul 11 2024 Staff Contact: Greg Corbitt, Director of Parks and Department: Parks and Rec Recreation EMMW Miracle Recreation Equipment Company Quote for a 30" Tube Slide Replacement for $17,543.52 SUMMARY: find attached quote for a 30" tube slide for $17,543.52 from Miracle Recreation Equipment Company. The proposed slide will replace an existing tube slide on the playground for older children at Constitution Park. The current tube slide is unable to be repaired, due to the age of the unit. The quote includes the equipment, freight, and installation. Due to the safety of the equipment and lead time this unbudgeted expenditure was approved under the Manager's purchasing authority. At year- end this expenditure may require a budget amendment. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • - • BUDGET AMOUNT AMOUNT AVAILABLE EXPENDITURE AMOUNT: $57,500.00 $17,543.52 $17,543.52 FUNDING SOURCES: General Maintenance IS THIS A PIGGYBACK: Fund ❑ Yes ❑x N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑x N/A COMMENTS/EXPLANATION ON SELECTIONN/A Miracle Quote.ada Page 8 of 118 Agenda Item #3. Miracle Recreation Equip. Co. l 878 E. US Hwy 60 QUOTE: R0023240107e 1n888-458-275208CUSTOMER 3346B07Mirac Prepared For: Project Name& Location: Prepared by: Greg Corbitt Miracle of South Florida Village of Tequesta Tequesta Constitution Park 399 Seabrook Road Option 1 Connie Brown Tequesta, FL 33469 (954) 520-4523(phone) 561-575-6247 (phone) (954) 200-6828(fax) gcorbitt@tequesta.org Connieb@miracleofsouthflorida.com Quote Number: R0023240107 Quote Date: 5/24/2024 Valid For: 30 Days From Quote Date KC REPLACEMENT SLIDE Part Number Description Qty Weight Unit Price Total 71474214 30" ID TUBE SLIDE RH (14' DK) 1 1,200.00 12,016.00 12,016.00 Totals: Equipment Price: $12,016.00 Freight: $2,027.52 Installation: $3,500.00 SubTotal: $17,543.52 Estimated Sales Tax': $0.00 Grand Total: $17,543.52 Notes: Prices do not include repair/replace existing safety surfacing or any materials or services other than listed. This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ("Miracle"). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer,and signed Quotes cannot be accepted from Sales Representative. To submit this otter,please sign below and forward a complete signed copy of this Quote directly to"Miracle Sales Administration"via tax(417)235-3551 or email:order%@i rniracIcrec.com. Upon acceptance,Miracle will return a fully-signed copy of the Quote to Customer(with copy to Sales Representative)via fax or cmnir. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer,in writing or otherwise,as material alterations,and all such proposed terns shall be void. Customer authorizes M iracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment ternis are Net-30 days from invoice date with approved credit and all charges are due and payable in 11111 at PO Box 734154, Dallas,TX 75373-4154,unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due 5i24/2024 Page 1 of 3 QUOTE: R0023240107 Page 9 of 118 Agenda Item #3. invoices. CUS10111Cr must provide proper tax exemption certificates to Miracle,and shall promptly pay and discharge;III otherwise applicable taxes, license lees,levies and other impositions on the Equipment at its own expanse. Purchase orders anti payments shollhl hC IMICIC 10 tI1C OI•d Cl•111 Miracle Recreation Equipment Company. Quote Number: R0023240107 Quote Date: 5/24/2024 Equipment: $12,016.00 Grand'lotal: $17.543.52 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. .may Submitted By Printed Name and Title Date THE FO EGOI i DOTE A D OFFER ARE: HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUII'MI:NT By: Date: ADIWI IONA1,*1 ER.MS&Ill IONS Oh SALE 1. Use&Maintenance. Customer agrees to regularly inspect and maintain the Equipment,and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety, 2. Default,Remedies&Delinquency Charges. Customer's failure to pay any invoice when due,or its failure to otherwise comply with the terms of this Quote,shall constitute a default under all unsatisfied invoices("Event of Default"). Upon an Event of Default.Miracle shall have all remedies available to it at law or equity,including, without limitation.all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment,and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative,and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law. Customer shall pay to Miracle as liquidated damages,and not as a penalty,an amount equal to 1 5%per month of any payment that is delinquent in such month and Is not received by Miracle within ten 110)days after the date on which due. 3. Limitation of Warranty/Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT,WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND,INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE,OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4 Restrictions. Until all amounts due hereunder are paid in full,Customer shall not: (i)permit the Equipment to be levied upon or attached Linder any legal process,(ii)transfer title to the Equipment or any of Customer's rights therein;or(iii) remove or permit the removal of the Equipment to any location not specified in this Quote 5. Purchase Money Security Interest. Customer hereby grants,pledges and assigns to Miracle,and Miracle hereby reserves a purchase money security interest in,the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder Customer agrees that Miracle may file one or more financing statements,in order to allow it to perfect,acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted,and the parties'obligations shall be governed,by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis,Missouri. 7. Title;Risk of Loss;Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft,fire,water,or any other cause,and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full,Customer shall insure the Equipment against all such losses and casualties. 8 Waiver;Invalidity Miracle may waive a default hereunder,or under any invoice or other agreement between Customer and Miracle,or cure such a default at Customer's expense,but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing,signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time,or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement;Amendment;Binding Nature. This fully-executed Quote,as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein,constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and ,._14 20-14 Page 2 of 3 QUOTE.' R0023240107 Page 10 of 118 Agenda Item #3. time frames relating to any requested amendments. Upon full execution,this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10, Counterparts;Electronic Transmission. This Quote,any invoice,and any other agreement between the parties,may be executed in counterparts,each of which shall constitute an original. The facsirile or other electronic transmission of any signed original document and retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either party.the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Rev E 021815 14 ,,,,t Page 3 of 3 QUOTE: R0023240107 Page 11 of 118