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HomeMy WebLinkAboutAgreement_General_03/28/2017 Miracle Recreation Equip. Co. 878 E. US Hwy 60 QUOTE: R0023170035 _ M i ra c i e ;^80a3z28°8 Prepared For Project Name & Locdom Prepared by: Greg Corbitt Tequesta Constitution Park Miracle of South Florida (Warranty) Village of Tequesta 399 Seabrook Road Connie Brown T ai uesta FL 33469 (954) 520 -4523 (phone) 561- 575 -6247 (phone) (954) 473 -1964 (fax) gcorbit@tequesta.org Connieb @miradeofsouthfloride.com Quote Number: R0023170035 Quote Date: 3/28/2017 Valid For: 30 Days From Quote Date Warranty Items Product line: KidsChoice Age group: 2 -12 Components Part Number Descdpdon Qty Weight Unit Prloe Total 104750 BOLT 1/4-20 X 5/8 BHCS 6 LOBE 18 -8 SS 100 0.00 0.00 0.00 110156 NUT 1/4-20 TEE (4) PRONG 316 SS 100 0.00 0.00 0.00 117001 WASHER 1/4 FLAT 18-8 SS MS15795 -811 100 0.00 0.00 0.00 713266 PARTS CARTON 714502 2 4.00 0.00 0.00 713267 PARTS CARTON 714503 4 5.00 0.00 0.00 984351P DECK, KC SQUARE FPS 2 104.00 0.00 0.00 984353P DECK KC 1/2 HEX FPS 4 148.00 0.00 0.00 986612 HEX ROOF RECYCLED PANEL MOUNT 12 6.00 0.00 0.00 986651P MOUNT, OCTANON ROOF RECYCLED PANEL 8 6.00 0.00 0.00 986790 BRIDGE, ARCH 4 FT FPS 1 173.83 0.00 0.00 987153P DECK, TRANSFER POINT ASSY FPS 1 64.31 0.00 0.00 988056 PARTS CARTON KC TP FPS 1 2.00 0.00 0.00 988056 PARTS CARTON KC TP FPS 1 2.00 0.00 0.00 989066P ELBOW 29.25 DEG 30" ID 2 58.00 0.00 0.00 990136P OCTAGON PERIMETER DECK PVC 4 160.00 0.00 0.00 HW990196 -1 HRDW PKG 714520 1-1 /2 2 3.28 0.00 0.00 HW990196 -2 HRDW PKG 7145201-2/2 2 6.17 0.00 0.00 3/28/2017 Page 1 of 3 QUOTE: R0023170035 Age Labels Part Number Description Qty Weight Unit Price Total 116022 LABEL WARNING - PLAYGROUND - ENGLISH 6 0.02 0.30 1.80 116035 LABEL - AGES 2 -5 YEARS MREC 6 0.00 0.50 3.00 116037 LABEL - AGES 5 -12 YEARS MREC 6 0.00 0.50 3.00 Totals: Total Weight: 0.12 Ibs Equipment List: $7.80 Equipment Price: $7.80 Freight: $20.00 Installation: $3,800.00 SubTotal: $3,827.80 Estimated Sales Tax*: $0.00 Grand Total: $3,827.80 Notes: Prices do not include off-loading, storage of materials, site security, 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 offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235 -3551 or email: orders©mimcieree.com. Upon acceptance, Miracle will return a fully- signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. 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 Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terns are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net -30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204757, Dallas, TX 75320 -4757, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number: 80023170035 Quote Date: 3/28/2017 Equipment: $7.80 Grand Total: $3,827.80 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY RACLE is e-L ft- C-0AX 0 V l llat e MCA nine t' Submitted B Printed me and Title Date THE FOREGOING QUOTE OFFER Y APPRO AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT By: Per C�V CO,61 _W, M ticul .e & not Date: ADDITIONAL TERMS & CONDITIONS OF 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 3/28!2017 Page 2 of 3 QUOTE: R0023170035 Commission Handbook for Public Playground Safety. 2 Default Ramedies 8 Delinquency Charges. Customer's failure to pay any invoice when due, or As failure to otherwise comply with the terms of this Quote, shall constitute a default under alt urmatbfied Invokes ("Event of Defaur). Upon an Event of Defauk, Miracle shall have all remedies available to it at low or equity, including, wMxxA limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Mirada to acoompkh its filing and enforcement of medra iVe or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly wales all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, end no exercise by Mimcle of a remedy wig prohibit or waive the exercise of any other remedy. Customer shag pay all reasonable attorneys fees plus any costa of collection Incurred by Miracle in enforcing its rights hereunder. Subject to arty IhNtabons under law, Customer shag pay to Miracle as liquidated damages. and rat as a penalty, an amount equal to 1.5% per month of any payment that is deiknquent in such month and is not received by Miracle within ton (10) days after the data on which due. 3. L.imiletlon of Warranty / Indeni nky. 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 pail in fug, Customer shall not (Q permit the Equipment to be levied upon or attached under any legal process; (d) transfer title to the Equipment or any of Customer's rights therein; or (ii) 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 sea re the payment and performance In kill 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 maVtakh a superior security interest in the Equipment 6. Choice of Law and Jurlediction. AN agreements between Customer and Miracle shell be interpreted, and the parties' obligations shag be governed, by the laws of the State of Missouri wltfaut reference to Its choice of law provisions. Customer hereby consents to the personal jurieftlion of the stale 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 fug 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 arty other cause, and the occurrence of any such casualty shag not rageve 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 shag have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Mirede. Any one waiver shag not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Mirace hereunder or under any Invoice. The invalidity of any portion of this Quote shall not affect the torte 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, constldrtes the complete and exclusive agreement between the parties. A Charge Order is a written Instrument signed by the Customer and Mirada stating their agreement as to any amendment in the terms of this Quote. Customer that Change Orders may result in delays and additional cam. The parties agree that all Change Orders shag include appropriate adjustments in price and time frames relatig to any requested amendments. Upon full execution, this Quote shag be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Eiectronic Transmission. This Quote, any Invoice, and any other agreement between the parties, may be executed in counterparts. each of which shag constitute an original. The facsimile or other electronic transmission of any signed original document and retransmission of any signed faceirNle 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 . 3/28M17 Page 3 of 3 QUOTE: R0023170035 PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768- 0685, OR AT Imcwilliams@teguesta.ore. OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.