2009-12 Playground Equipment & Park Amenities Purchase•
RESOLUTION 2009-12
(Corrected)
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD
TO KOOL PLAYGROUNDS IN THE AMOUNT OF $182,992.07 FOR THE
PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AND
PARK AMENITIES FOR ANCHORAGE PARK AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village Parks and Recreation Department wishes to purchase and install
playground equipment and park amenities for Anchorage Park as part of the Phase One
Improvements; and
WHEREAS, the Village Administration recommends that a contract for the purchase and
installation of playground equipment and park amenities be awarded to Kool Playgrounds, LLC
pursuant to pricing established through its bid with Osceola County (Contrail # AR-08-542-CUJ; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the 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 Kool Playgrounds, LLC,
a Florida limited liability company, for the delivery and installation of playground equipment
and park amenities for Anchorage Park 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 of this contract shall not exceed $182,992.07 and shall be funded
utilizing budgeted monies from Account # U8028-66210 (Anchorage Park -Construction &
Major Renovation).
Section 4. This Resolution shall supersede the prior version of Resolution 2009-12 and shall
take effect retroactive to February 12, 2009.
PASSED AND ADOPTED THIS 26th DAY OF FEBRUARY, 2009.
Villa a Seal
( g ) '~ ~ ~~ .~~
MAYO
ATTEST:. ~ < < "' `
~'~~
VILLAGE CLE K
CONTRACT FOR PURCHASE AND DELIVERY OF
PLAYGROUND EQUIPMENT AND PARK AMENITIES
This Contract is made as of this /~~~ day of /ZCl 2009, 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 KOOL PLAYGROUNDS, LLC,
109 E. 17~' Street, St. Cloud, FL 34769, a Florida Limited Liability Company
("CONTRACTOR"), whose Federal I.D. is 02-0778299.
RECITALS
WHEREAS, the VILLAGE wishes to purchase playground equipment and park amenities for
the Anchorage Park Phase One Improvements; and
WHEREAS, the VILLAGE seeks to contract for the purchase, delivery and installation of
playground equipment and park amenities by piggybacking Osceola County's Bid, Contract
# AR-08-542-CV ("Osceola Contract"); and
WHEREAS, the CONTRACTOR provided a proposal utilizing the pricing established by the
Osceola 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. Osceola County Contract Documents. The terms of Osceola Contract, a copy of which is
attached hereto as Exhibit "A," are expressly made a part of this Contract as if fully set forth
at length herein.
3. CONTRACTOR's Proposal. Pursuant to the pricing established by Osceola Contract,
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. Time for Performance. CONTRACTOR shall coordinate delivery and installation of the
equipment and amenities with the VILLAGE and provide all goods and services provided for
in the Proposal no later than April 1, 2009.
5. 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" (Osceola Contract)
6. Compensation to CONTRACTOR. Payments by the VILLAGE to the
CONTRACTOR under this Contract shall not exceed $182,992.07, the amount of
compensation stated in the CONTRACTOR's proposal. CONTRACTOR shall submit
invoices to the VII,LAGE 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 C;U1V 1 xAC T OR's finaiitast biiiing to the ViL,LAGE. itus
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 after the provision of all goods and services.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the Osceola Contract with the VILLAGE named as an additional
insured. Worker's Compensation insurance shall be provided as required by Florida law.
8. 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 Osceola Contract.
9. 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
thereafter.
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
C'.nntract ~r the annlicatinn ~f snch terms c-r nmvici~n_ t~ ners~ns ~r circumstances ether
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term 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.
KOOL PLAYGROUNDS, LLC
By. -~
Print Name: ~~~ ~/~ S T-=~~ o~`-
Position: ~~'~~
VILLAGE OF NORTH PALM BEACH
BY: ~~~
WILLIAM MANUE
.MAYOR
ATTEST:
MELISSA TEAL,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ~-~ _ °
LEONARD G. RUBIN