2008-060 Playground Equipment PurchaseRESOLUTION 2008-60
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A CONTRACT AWARD TO
DOMINICA RECREATION PRODUCTS, INC. FOR THE REMOVAL OF
EXISTING PLAYGROUND EQUIPMENT AND THE INSTALLATION OF
NEW GAMETIME PLAYGROUND EQUIPMENT AT THE COMMUNITY
CENTER AND OSBORNE PARK AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Pazks and Recreation Department wishes to remove existing equipment
and install new playground equipment at the Community Center and Osborne Pazk; and
WHEREAS, the Village Administration recommends that a contract for the removal ofthe existing
equipment and the purchase and installation of GameTime playground equipment be awazded to
Dominica Recreation Products, Inc. pursuant to the pricing established in U.S. Communities
Contract #040376.06, as solicited by Mecklenburg County, North Carolina; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests ofthe Village.
• NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section2. The Village Council hereby approves the Contract with Dominica Recreation
Products, Inc., a Florida corporation, for the removal of the existing playground equipment and
the delivery and installation of GameTime playground equipment at the Community Center and
Osborne Pazk and authorizes the Mayor and Village Clerk to execute the Contract on behalf of
the Village. A copy of the Contract is attached hereto and incorporated herein by reference.
Section 3. The cost ofthis wntract shall not exceed $25,887.06 and shall be funded utilizing
budgeted monies from Account #A8028-66422 (Playground & Outside Equipment).
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 11th DAY OF SEPTEMBER, 2008.
(Village Seal)',
,,. ~. 1,,
ATTEST:
VILLAGE CLERK
MAYO
CONTRACT FOR PURCHASE AND DELIVERY OF
PLAYGROUND EQUIPMENT
This Contract is made as of this e~~r' day of S~+~eirl~r, 2008, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, FL 33408, a
Florida municipal corporation ("VILLAGE"), and GAMETIME %DOMINICA RECREATION
PRODUCTS, INC., P.O. Box 520700, Longwood, FL 32752, a Florida corporation, hereinafrer
referred to as the CONTRACTOR, whose Federal LD. is 39-1720480.
RECTTALS
WHEREAS, the VILLAGE wishes to purchase playground equipment for the Community Center
and Osborne Park; and
WHEREAS, the VILLAGE seeks to contract for the removal of the existing equipment and the
purchase and delivery of new GameTime playground equipment by piggybacking U.S. Communities
Contract #040376.06 (U.S. Communities Contract"), as solicited by the County of Mecklenburg,
North Carolina; and
WHEREAS, the CONTRACTOR provided a proposal utilizing the pricing established by the U.S.
Communities Contract and the VILLAGE wishes to accept this proposal in accordance with the
terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully
incorporated herein by reference.
2. U.S. Communities Contract Documents. The terms of U.S. Communities Contract #040376.06,
as amended and administered by the Mecklenburg County, North Carolina, attached hereto as
Exhibit "A" are expressly made a part of this Contract as if fully set forth at length herein.
3. CONTRACTOR'S Pronosal. Pursuant to the pricing established by U.S. Communities Contract
#040376.06, the CONTRACTOR shall provide all goods and services as stated in its Proposal to the
VILLAGE. The CONTRACTOR'S Proposal is attached hereto as Exhibit "B." This document is
hereby expressly made a part of this Contract as fully as if set forth at length herein. The goods and
services to be provided by the CONTRACTOR shall be commenced subsequent to the execution and
approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to proceed.
4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
a. This Contract
b. Exhibit "B" (CONTRACTOR'S Proposal)
c. Exhibit "A" (U.S. Communities Contract #040376.06, as amended)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to the CONTRACTOR under
this Contract shall not exceed the amount of compensation stated in the CONTRACTOR's proposal.
CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE's
representative, indicating that goods and services have been provided and rendered in conformity
with this Contract and then will be sent to the Finance Department for payment. Invoices will
normally be paid within thirty (30) days following the VILLAGE representative's approval.
CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in
question arising out of or relating to this Contract. In order for both parties herein to close their
books and records, CONTRACTOR will clearly state "final invoice" on the CONTRACTOR'S
final/last billing to the VILLAGE. This certifies that all goods and services have been properly
performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon
be closed, any and other further charges if not properly included in this final invoice are waived by
the CONTRACTOR. The VILLAGE will not be liable for any invoice from the CONTRACTOR
submitted thirty (30) days afrer the provision of all goods and services.
6. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under U.S. Communities Contract #040376.06 with the VILLAGE named as an
additional insured. Worker's Compensation insurance shall be provided as required by Florida law.
7. Warranty/Guaranty. CONTRACTOR warrants that its goods and services provided under this
Contract will be free of defects in materials and workmanship for a period of one (1) year following
delivery and completion of those goods and services, and provides such other warranties as set forth
in U.S. Communities Contract #040376.06.
8. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafrer.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given hereunder
or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable as court
awarded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party
or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other teen
and provision of this Contract shall be deemed valid and enforceable to the extent permitted by
law.
E. All notices required in this Contract shall be sent by certified mail, return receipt requested, and
sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Contract may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the parties
hereto. Any provision of this Contract which is of a continuing nature or imposes an obligation
which extends beyond the term of this Contract shall survive its expiration or earlier termination.
G. The persons executing this Contract on behalf of VILLAGE and CONTRACTOR affirmatively
represent that they have the requisite authority to legally bind such party.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
GAMETIME %DOMI ~ ATION PRODUCTS INC.
By: l
Pr'nt Name: Rob Dominica
Position: Vice President
VILLAGE OF NORTH~P~AL~M BEACH
W~LY;I'AM•I41ANU1`~~~ ~
141AYOR~'~;',
r~,~
MELISSA TEAL,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ~~
LEONARD G. RUBiN
VILLAGE ATTORNEY
c/o Dominica Recreation Products, Inc
~~t.~ R~~ c~~~ L o Rvvood?FL 32752
800-432-0162 •407-331-0101
lEnraa:hong Childhood Through flay.. Fax: 407-33t-a72o
North Palm Beach Community Center ~ Option 2
Village of North Palm Beach
Attn: Nancy Hensler
603 Anchorage Drive
North Palm Beach, FL 33408
Phone: 561-841-3386
nhensler(a3vi I lage-npb.org
QUOTE
#47708
6/25/2008
Ship To Zip: 33408
r r~
I RDU Game Time - RPS 180 Custom PowcrScape $19,466.00 $19,466.00
Sysiem
1 6070 Game Time - GT Xcelerator F/S $1,638.00 $1,638.00 ~
l 6142 Game Time -Whirlwind Seat Tilted (F/S) $468.00 $468.00
1 INSTALL Game Time -Installation of quoted $6,010.00 $6,010.00 /
equipment
INSTALL Game Time -Removal & recycle of existing $1,775.00 $1,775.00
equipment -includes push back &
replacement of existing shredded rubber
surfacing.
Contract: USC SubTotal: $29,357.00
Contract Discount: $5, I l 1.02 -
Additional Discount: $663.72 ,-
Material Surcharge: $1,132.53
Freight: $1,172.27 -~
Total Amount: $25,887.06
"Due to recent and unexpected mw material price increases, mainly in our steel supply, we unfortunately will need to implement the above noted
surcharge. We will be closely monitoring the steel situation and should prices or the surcharge be reduced, it will be noted upon your order and
any credits refunded. All of our active conVacts have approved this surcharge and is valid regardless of purchasing method. This quote is only
valid for 30 days from the date shown above.
This quote was prepared by Gina Wilson, Senior Project Manager.
For question or to order please call - 800-432-0162 ext. 101 ginaw@gametime.com
All pricing in accordance with U.S. Communities Contmct K040376.06.
All terms m the U.S. Communities Contmct take preccdrnce over terms shown below.
Page I of 2