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HomeMy WebLinkAboutAgreement_Regular_07/12/2018_Miracle Recreation Miracle Recreation Equip.Co. :�;;•,� ■ 878 E. US Hwy 60 QUOTE:R0023180115 �� M�ra c I e �8��°2�5208 . Prepared For: PrnJed Name&Loc�tion: Prepered by: Greg Corbitt Tequesta Perk Miracle of South Florida vllage of Tequesta 399 Seabrook Road Connie Brown Tequesta,FL 33469 (954)520-4523(phone) 561-575-6247(phone) (954)473-1964(fax) gcorbitt@tequesta.org Connieb�miracleofsouthflorida.com Quote Number: R0023180115 Quote Date: 5/10/2018 Valid For. 30 Days From Quote Date Bongo Chains Product line_Freestanding Age group:5-12 Part Number Deecrip8on Qly WeIgM UNt Price Total 997658 Top/Bottom Chains for Bongo Jumble Climber 1 10.00 92.00 92.00 Totals: Equipment Weight: 10.00 Ibs Equipment List: �92.00 Equipment Price: $92.00 Frefght: 530.00 Installation: 5450.00 SubTotal: 5572.00 ! Estimated Sales Tax•: 50.00 i Grend Total: Sb72.00 ; I ' NOtes: ; Prioes do not indude any materisls or servioes other than listed. � IThis Quote shall not become a binding contract until signed and delivered by both Gtistomer and Miracle Recreation Equipment Canpany ("Miracle'�. Sales Represc,ntative is not authorized ro sign this(2uote on behalfof Miiacle or Customer,and signed Quotes cannot be accepted from Sales RepraSentative. To submit this offer,please sign below and forward e complete sig�ed copy of this Quote directly to"Miracle Sales Administration"via fax(41'�235-3551 or email:ordeis(a3miraclerec.com. Upon acceptance,Muscle will rohun a fully-signed copy of the Quoto to Cusrot�r(with copy to Sales Representative)via fax or emaiL TH1S QUOTE IS LIMl1'ED TO AND OOVERNED BY TFIE TERMS COVTAINED HEREIN. Miracle objects to azry other tams proposod by 5/10/2018 � Page 1 of 3 QUOTE: ROU23160115 �----- � Customer,in writing or ott�e�wise,as matcrial alteradons,and all such proposed terrns shall be void. Customer authorizes M iracic ro ship the Equipmmt and agrees to pay Miracie the total amount specified. Shippinb terms are FOB the place of shipment via commoa carrier designated by Micacle. Payment terms are Net-30 days from invoice date with approved credit and al!charges are due and payable in full at PO Box 204757, Dallas,TX 75320-4757,unless nodfled otheravise by Miracle in writing. CusWmer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax cxemption certificates to Miracic,and shall promptly pay end discharge all otherwise applicaWe taxes, license fxs,levies and other impositions on the Equipment at its own expensc. Putchase orders and payment�should bc made to the order of Miracle Ra�reation Equipment Compaoy. Qnote Nnmber: R00231801 I S Qnote Date: 5/10/2018 Eq�ipme�r S92.W Gnnd Totd: 5572.W CUSTOMER HEREBY SUBMI'fS(TS OFFER TO PURCHASE THE EQUIPMENT ACC RD[NG TO THE TERMS STATED lN THIS QUOTE AND SlJB1ECT TO F1NAL�P VAL BY MIRACLE. P• � �(,�(.' ��Al �Y//' L'��� � 4��J / S � � � Submitted By �--Printed Name sod Tide Dste THE FOREGOING QUOTE AND OFFER ARE I�REBY APPROVED AND ACCEPTED BY MIIiACLE RECREATION EQUIPMENT By: n.rr. ADDlT10NAL TERMS&CONDlT10N5 OF SALE 1. Use 8 MaiM�ce. Cusbmer agrees to regularly k�sped and makdain the EquipmeM,and to provide.inspecx and maintain apprnpria� sefety sufxng under and arand tha Equipment,in accordarx:e with Mirocle's pmduct 1�lerature and the moet cumant Caisumer Product Safety Cammission Handbook tor Pubic Playyround Safery. 2. Defau�,Remedies 8�eltnquency Charges. Customers fafkue to pey any inwice when due,or ifs tailure�o othervNse compy w@h the tertns of this Quote,shaN constitute a defaWt under all unseti�ied invoices('Event of DefaWC). Upon an Event of OefauM,Mirode shell have al l remedies availaWe to ft at law or equkyr,induding.wkhout Ilmitation,al remedies afforded a secured credNor u�the Un�orm Comme�ial Cade. c�tomer aUrees to assist ana cooperare witl,Miraae w accomplish i�filing e�a enforoemeM d mechanic�s or other�iens wia,respact m a,e r�uipment or its location or its repossession of the Eq�pment,and Customer ezpressly waives aI riphts ro po�sess the EquiExnent after an Ever�t of DefaulL All �medies are cixnuletive and not aloemative,and no exetiisa by Mirede of e rernedy will prohibit or vreive the eze�ise of�y other remedy. Customer shaN pay all reesor�abie aGameys fees plus any coats of oollection incurred by Mirscle in enforcng its riqhts hereu►�. Subject to ary pmitetions under law, Custamer shall pay to Mirade as Ilquldated damages,and not as a penalty,an amount equal Lo 1.5%per morrth of aryr payment that is defnquent in such monlh and is n�recei�ed by N6rade wkhin ten(10)days after the date on wtdch due. 3. Limitatlon oF Warranty/Indemnily. MIRACLE MAI�S NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WfTH THE EQUIPMENT,WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPEClFICALLY DI3CLA�AS ANY IMPUED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILRY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AOREE3 T�OEFEND,INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KtND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EaIJIPMENT,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 COMMISS{ON HANDBOOK FOR PUBUC PLAYGROUND SAFET`f. 4. R�bns. Urrtll all amounts due hereunder aie pald in full,Customer shall noC(I)permk the EquipmeM to be levied uq�on or attached undar arry legel prncess;(�Uansfer Gde to the Equlpment or arq of Customer's�Is therein;or(nl) remove or permlt the removal ot the Equipmerd to any bcatlon not specirted In this Quote. 5. Purchase M�ney Securiry In�rest. Customer hereby grar►ts,pledges and asefgne to Mirade,and Mirade hereby reserves a purchase maiey seauity irnerest in,the Equipment in order to secure the peyment and pe�farmance in full of all of Customer's obNgations hereunder. Customer agrees that MiraGe may flle ane or more flnarxkig statemerrts,In order to albw�ro peAect,acquire and mairrtaln a supe�ior securiry Interest In the Equqrner►t. ' 6. Chace d Law arn!Jurisdidion. NI agreements betwsen Customer and�Airacle shaN be inteRxeted,and the parties'obligations shaN be govemed,by the laws of the Stete of Missouri without reference to ils choi�of lew provisans. Custaner hereby conserris to the personal jurisdiction of the state a�d federal courls bcated in the c�y and courKy of St Louis.Missou�i. 7. Title;Rlsk of Laes;lnsurance. Miracle Retalns full tltle to all Equipmerrt urYll fuU paymerK fs recefved by Mirade. Customer ascumes aB risMc of bss or destrucdon of or dema�W the Equipment by reason of tneft,fFe,water,ar arry other cause,and the oaurrence of arry such casualty shall not relieve the Customer fran its oblig�io�s hereunder and urder any invoices. Unt�l aN amourns due hereunder are paid in full,Customer shall insure the EquipmeM ageinst all such losses and casualdes. 8. Weiver;Irwalldlry. Miracie may walve a defauQ hereunder,or under any�or oth�ayreenient between Customer and Mkade,or cure such a default at Cu�s expense,but shaA heve no obfigation t�do eilh�. No waiver shal be deemed to have teken plece unless it is in writing,signed by Mirade. My ane waiver shall not constituDe a waiver of other defauRs or the same k�d oF defauft at anoUier dme,or a forfei[ue of any rights provided to luliacle hereunder or under any inw�. The nva6dity of any portion of this Quote shall not affect the force and effect of the remaining valid portiare hereof. 5/10/2018 • Page 2 of 3 QUOTE: R0023180115 r I 9. EMire AgreemeM;Amen�nent;Binding Nadxe. This fuly�xeculed Quote,as supplemented by Change Orders and involoes contalning ! exact artwur�s of estim�es provided here�.constllutes the�and exclusive agreement between the parties. A Chenge Order is a written i ir�etvment sipned by the C�tart�and Mirade statlng their agreertient as to arry am�dment in the tenns�this(auote. Custamer acknowledges that Charge Orders mey restdt in delays and additlonal costs. The pattfes ag�ee that all Change Orders shaU rticlude approprete a�ustments in prioe and tNne hames relating to any requested amer�dments. Upon full execution,this Quote shall be baid�g upon and inure to the beneflt of ihe peNes and their s�cessors and aisi�s. 10. Counterparts;Electronic Transmission. TMs Quate,any uwofce,and any other apreemenl between the parties,may be executed'm cour►terparls,each of which sh�f constiqne an origir�l. The facsirnile or other electronic transmission of arry sipned oripinal document and relrar►smission of eny signed facsimile or other electronic tran�nission shaN be ihe same as the treremissbn of a�original. At the request of either party,the panles wfll confirm facsirdle ar other elecvonicaly transrtatted slgnatures by slgnlnq en orlglnal document. Rev E 021815 s/1o/2018 ' Page 3 of 3 QUOTE: R0023180115 PUBUC RECOROS. In accordance with Sec. 119.0701, F/orida 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 rnust pro�ide 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 Stotutes. 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 attome�s fees and costs pu�suant to Sec. 119.0701, Floiida Stotutes,and other penalties under Sec.119.10,Florida Statutes. Further, CONTRACTOR shal) ensure that any exempt or confidential reco�ds 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 du�ation of the Agreement term, and following completion of the Agreement if the CONTRACTOR dces not transfer the records to the vllage. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no tost to the Vllage,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 CONTRACTOa 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 VIUAGE, AT (561j 768-0685, OR AT Imcwilliams@teuuesta.orA, OR AT 345 TEQUESTA DRIVE,TEQUESTA, FLORIDA 33469.