HomeMy WebLinkAboutExhibit 1MEMORANDUM OF UNDERSTANDING
BETWEEN
MIAMI-DADE COUNTY AND THE
CITY OF MIAMI
This Memorandum of Understanding (hereinafter "MOU") is made and entered
into this day of , 2009 by and between the Miami -Dade
County, a political subdivision of the State of Florida (hereinafter "County"), and the
City of Miami, a body politic (hereinafter "City").
WHEREAS, on
adopted Resolution No.
RECITALS
in
and
200 , the
which authorized the
City Commission
City to allocate
funds for
WHEREAS, the County owns and operates through its housing department,
Miami -Dade Housing Agency, a public housing development commonly known as the
Liberty Square Public Housing Development (hereinafter "Liberty Square"); and
WHEREAS, Liberty Square presently lacks a playground area for the children
who reside with their families in the public housing development; and
WHEREAS, the City, the County and the residents desire to create a safe
environment for the children of Liberty Square; and
WHEREAS, the City desires to fund the installation of a playground area for the
children of Liberty Square to be located ;
and
WHEREAS, the Miami -Dade County Board of County Commissioners pursuant
to Resolution No. has authorized the County Mayor or the County
Mayor's designee to execute this MOU with the City; and
WHEREAS, the Miami City Commission pursuant to Resolution No.
has authorized the City Manager or the City Manager's designee to
execute this MOU with the County; and
NOW THEREFORE, in consideration of the premises and mutual covenants and
promises contained herein, the County and the City agree as follows:
Cmo 410&-Z,
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ARTICLE I
PURPOSE
The purpose of this MOU is to ensure for the funding and installation of a
playground for the children of Liberty Square. The parties recognize that a playground
that is installed within the boundaries of the public housing development will provide a
safe haven for the children who reside within the development. The use of the word
"playground" for this MOU refers to the designated area located at Liberty Square where
stationary and manipulative play equipment will be located to facilitate a child's physical,
emotional, social, and intellectual development.
ARTICLE II
TERM OF THE MOU
2.1 The term of this MOU shall commence on the last date of execution by the parties
and continue until 20_ unless terminated by either party
pursuant to Article VII below.
2.2 The parties agree that time is of the essence in the performance of each and every
obligation under this MOU.
ARTICLE III
RESPONSIBILITIES OF THE PARTIES
3.1 City's Responsibilities. The City hereby agrees as follows:
(a) To solely fund and install the playground area to be located within Liberty
Square. Subject to available funds, the maximum amount payable for
services rendered under this MOU shall not exceed
(b) To fund and install the playground in substantially the design described in
Exhibit A.
(c) To ensure that a warranty for the playground is issued in the name of
Miami -Dade County in substantially the form attached hereto as Exhibit
B.
(d) The design should comply with the safety standards established by the
National Program for Playground Safety.
(1) Design an age-appropriate playground. The City will further
ensure that the design and equipment complies with the standards
established by the American Society for Testing and Materials
(ASTM), which sets industry standards for playground equipment,
and the standard for Public Use Playground Equipment;
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(2) Provide proper fall surfacing under and in the playground area.
The City shall consider the standards for fall surfacing
recommended by the National Program for Playground Safety,
including ensuring that twelve (12) inches of loose -fill surfacing is
used to provide an extra measure of safety. "Loose -fill" choices
may include sand, pea gravel, wood products (chips, mulch), and
rubber products (i.e., shredded tires). The age of the children, as
defined in this paragraph, who will use the playground shall be
considered prior to the selection of the appropriate loose -fill.
(3) Ensure that the playground is not installed over cisterns, or near
poisonous plants such as nightshade.
3.2 County's Responsibilities. The County hereby agrees as follows:
(a) To ensure that the playground and the public housing development are
secured by fencing.
(b) To properly maintain the playground for its lifetime, including the equipment
and the surfacing as well as the vendor's maintenance recommendations as
more fully described in Exhibit C. The maintenance of the playground does
not include any areas that require maintenance by a third party, including but
not limited to any vendor who is leasing space in the community center
adjacent to the newly installed playground. The County shall ensure that nuts
and bolts are tightened and all other safety measures are taken into account.
The County shall ensure that trash is picked up in the playground and shall
maintain the loose -fill surface material at a proper depth to absorb any falls.
Animals should be kept out of the area. Should the County fail to maintain
the playground equipment and surfacing in accordance with this provision, the
County shall, at its own expense, restore the playground equipment and/or
surfacing to its original condition.
ARTICLE IV
PROJECT MANAGEMENT AND NOTICE
4.1 The Project Manager for the County is Alex Ballina, Director, Public Housing
Division, Miami -Dade Housing Agency, 1401 N.W. 7th Street, Miami, Florida
33125. The Project Manager for the City is ,
telephone number (305) The parties shall direct all
matters arising in connection with the performance of this MOU, other than
notices, to the attention of the Project Managers for attempted resolution or
action. The Project Managers shall be responsible for overall coordination and
oversight relating to the performance of this MOU.
4.2 All notices, demands, or other communications to Miami -Dade County under this
MOU shall be in writing and shall be deemed received if sent by certified mail to:
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Miami -Dade County
111 N.W. 1St Street, Suite 2810
Miami, Florida 33128
Attn: County Manager
All notices, demands, or other communications to the City under this MOU shall
be in writing and shall be deemed received if sent by certified mail to:
City of Miami
3500 Pan American Drive
Miami, Florida 33133-5504
Attn.: City Manager
The County and the City shall also provide a copy of all notices to the Project Managers.
All notices required by this MOU shall be considered delivered upon receipt. Should any
parry change its address, written notice of such new address shall promptly be sent to the
other parties.
ARTICLE V
INDEMNIFICATION
5.1 The County assumes any and all risks of personal injury, bodily injury and
property damage attributable to the negligent acts or omissions of the County and
the officers, employees, servants, and agents thereof. The County warrants and
represents that it is self-funded for liability insurance, or has liability insurance,
both public and property, with such protection being applicable to the County
officers, employees, servants and agents whilq acting within the scope of their
employment with the County.
5.2 The City assumes any and all risks of personal injury, bodily injury and property
damage attributable to the negligent acts or omissions of the City and the officers,
employees, servants, and agents thereof. The City warrants and represents that it
is self-funded for liability insurance, or has liability insurance, both public and
property, with such protection being applicable to the City's officers, employees,
servants and agents while acting within the scope of their employment with the
City.
5.3 The County and the City further agree that nothing contained herein shall be
construed to interpret as (1) denying to either party any remedy or defense
available to such party under the laws of the State of Florida; (2) the consent of
the United States or its agents and agencies to be sued; (3) the consent of the
State of Florida or its agents and agencies to be sued; or (4) a waiver of sovereign
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immunity of the State of Florida beyond the waiver provided in Section 768.28,
Florida Statutes.
ARTICLE VI
INSURANCE
6.1 The parties hereto acknowledge that the County and the City are self-insured
governmental entities subject to the limitations of Section 768.28, Florida Statues.
The County and the City shall maintain a fiscally sound and prudent risk
management program with regard to their obligations under this MOU in
accordance with the provisions of Section 768.28, Florida Statutes. The County
and the City shall collect and keep on file documentation of insurance of any and
all contractors contracted to provide the services or product used in conjunction
with this MOU in any way. The County and the City shall further require all
contractors to include the County and the City as named insured and shall provide
the County and the City with a copy of the insurance policy purchased by any
contractor prior to commencement of the Services.
ARTICLE VII
TERMINATION/REMEDIES
7.1 If any party fails to fulfill its obligations under this MOU in a timely and proper
manner, the other parties shall have the right to terminate their participation under
this MOU by giving written notice of any deficiency. The parry in default shall
then have thirty (30) calendar days from receipt of notice to correct the
deficiency. If the defaulting party fails to correct the deficiency within this time,
this MOU shall terminate at the expiration of the thirty (30) day time period.
7.2 Any party may terminate this MOU at any time for convenience upon ninety (90)
calendar days prior written notice to the other party. Any such termination shall
be effected by delivery to the other of a Notice of Termination specifying the
extent to which performance of work under the MOU is terminated, and the date
upon which such termination becomes effective.
7.3 In the event a dispute arises which the Project Managers cannot resolve between
themselves, the parties shall have the option to submit to nonbinding mediation.
The mediator or mediators shall be impartial, shall be selected by parties, and the
cost of the mediation shall be borne equally by the parties. The mediation process
shall be confidential to the extent permitted by law.
7.4 This MOU has no third -party beneficiaries (intended or incidental), who may
enforce obligations of any party should the MOU be terminated.
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ARTICLE VIII
RECORDS RETENTION/OWNERSHIP
The County and the City shall maintain records and each party shall have
inspection and audit rights as follows:
8.1. Maintenance of Records: All parties shall maintain all financial and
non-financial records and reports directly or indirectly related to the
negotiation or performance of this MOU including supporting
documentation for any service rates, expenses, research or reports. Such
records shall be maintained and made available for inspection for a period
of five (5) years from the expiration or termination date of this MOU.
8.2. Examination of Records: All parties or their designated agents shall
have the right to examine in accordance with generally accepted
governmental auditing standards all records directly or indirectly related to
this MOU. Such examination may be only within five years from the
expiration or termination of this MOU and upon reasonable notice, time
and place.
8.3. Extended Availability of Records for Legal_ Disputes: In the event
that any party should become involved in a legal dispute with a third party
arising from performance under this MOU, the other parties shall extend
the period of maintenance for all records relating to this MOU until the
final disposition of the legal dispute, and all such records shall be made
readily available.
ARTICLE IX
STANDARDS OF COMPLIANCE
9.1 The County and City, their employees, subcontractors, partners or assigns, shall
comply with all applicable federal, state, and local laws and regulations relating to
the performance of this MOU to which their activities are subject.
9.2 The County and the City shall allow public access to all project documents and
materials it maintains in accordance with the provisions of Chapter 119, Florida
Statutes. Should the County and/or the City assert any exemptions to the
requirements of Chapter 119 and related statutes, the burden of establishing such
exemption, by way of injunctive or other relief as provided by law, shall be both
upon the County and the City.
9.3 All parties assure that no person shall be excluded on the grounds of race, color,
creed, national original, handicap, age, sex, marital status, or sexual preference,
from participation in, denied the benefits of, or be otherwise subjected to
discrimination in any activity under this MOU. All parties shall take all measures
necessary to effectuate these assurances.
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ARTICLE X
RELATIONSHIP BETWEEN THE PARTIES
10.1 The County and the City are independent contractors. No party is an employee or
agent of any other party. Nothing in this MOU shall be interpreted to establish
any relationship other than that of independent contractors, between the County
and the City, or between their respective employees, agents, subcontractors,
partners, or assigns, during or after the performance of this MOU.
ARTICLE XI
GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this MOU to the contrary, the parties shall not
be held liable for any failure or delay in the performance of this MOU that arises
from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe
weather, outbreak of war, restraint of Government, riots, civil commotion, force
majeure, acts of God, or for any other cause of same character which is
unavoidable through the exercise of due care and beyond the control of the
parties. Failure to perform shall be excused during the continuance of such
circumstances, but this MOU shall otherwise remain in effect.
11.2 In the event any provisions of this MOU shall conflict, or appear to conflict, the
MOU, including all exhibits, attachments and all other documents specifically
incorporated by reference, shall be interpreted as a whole to resolve any
inconsistency.
11.3 Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this MOU by the parties, their successors and assigns shall not be
deemed a waiver of any rights or remedies, nor shall it relieve the other parties
from performing any subsequent obligations strictly in accordance with the term
of this MOU. No waiver shall be effective unless in writing and signed by the
party against whom enforcement is sought. Such waiver shall be limited to
provisions of this MOU specifically referred to therein and shall not be deemed a
waiver of any other provision. No waiver shall constitute a continuing waiver
unless the writing states otherwise.
11.4 Should any term or provision of this MOU be held, to any extent invalid or
unenforceable, as against any person, entity or circumstance during the term
hereof, by force of any statute, law, or ruling of any forum of competent
jurisdiction, such invalidity shall not effect any other term or provision of this
MOU, to the extent that the MOU shall remain operable, enforceable and in full
force and effect to the extent permitted by law.
11.5 This MOU may be amended only with the written approval of the parties hereto.
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11.6 This MOU states the entire understanding and agreement between the parties and
supersedes any and all written or oral representations, statements, negotiations, or
agreements previously existing between the parties with respect to the subject
matter of this MOU. The parties recognize that any representations, statements or
negotiations made by the staff of either party does not suffice to legally bind
either party in a contractual relationship unless they have been reduced to writing
and signed by their authorized representative(s). This MOU shall inure to the
benefit of and shall be binding upon the parties, their respective assigns, and
successors in interest.
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IN WITNESS WHEREOF, the parties or their duly authorized representatives
hereby execute this MOU on the date first written above.
ATTEST:
Harvey Ruvin, Clerk
Deputy Clerk
ATTEST:
Priscilla A. Thompson,
City Clerk
City Clerk
Approved as to Insurance Requirements:
LeAnn Brehm, Director
City Risk Management
L'-fi
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MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
George M. Burgess
County Manager
Approved for legal form and
sufficiency:
Assistant County Attorney
CITY OF MIAMI, a municipal
corporation of the State of Florida
Pedro G. Hernandez, P. E.
City Manager
Approved for legal form and
sufficiency:
Julie 0. Bru, City Attorney
EXHIBIT "A"
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PlAYMORE
'Recreational
Products &Services
10271 Deer Run Farms Road, Suite 1
Fort Myers, FL 33966
(239) 791-2400 (239) 791-2401 fax
(888) 886-3757 toll free
www.glaymoreonline.com
Client: City of Miami
1950 NW 12 Ave
Miami FL 33136
QUOTATION
05/14/09
Job Number: 1685
Revision: A
Job: Liberty Square Park Playground
6404 NW 14 St.
Miami FL 33147
305-419-1304
Sates Rep: Anna Marie Rosinski Terms: Net 30
Item
Description Quantity
Cost
Subtotal
1 Equipment
Playmaker
Custom Play Structure, Drawing # 081938A(2009 Pricing).
1
$24,703.00
$24,703.00
ZZXX9430
4Ft Border Timbers W/Stake
46
$40.00
$1,840.00
ZZXX0175
5-12 Years Old Risk Management Sign
1
$549.00
$549.00
ZZXX1418
Metal Trashcan Lid W/Cable Attachment
4
$89.00
$356.00
ZZXX1415
In -Ground Mount For Trashcan
4
$45.00
$180.00
ZZXX8060
Replacement 32 Gallon Plastic Container W/Lid
4
$35.00
$140.00
ZZXX1414
Perf Trashcan
4
$289.00
$1,156.00
ZZXX1451
Permanent Park Grill
3
$279.00
$837.00
ZZXX1424
8Ft Backless Coated Bench And Frame
2
$319.00
$638.00
ZZXX1403
8Ft Picnic Table (Coated Top & Frame)
5
$849.00
$4,245.00
ZZXX1405
Accessible Picnic Table (Coated Top & Frame)
1
$849.00
$849.00
ZZXX1409
Hold Down fit
6
$59.00
$354.00
SWING -ARCH-
51n 2 -Unit Arch Swing wl 2 belt seats.
1
$2,416.00
$2,416.00
SWING -ARCH-
51n 2 -Unit Arch Swing Add -A -Bay w/ 2 tot seats,
1
$2,023.14
$2,023.14
Discount Jax
City of Jacksonville SC -0511-06 5%
-1
$2,014.31
-$2,014.31
Zeager
12" of Engineered Woodcarpet for 2123 SF, priced per CY.
106
$17.00
$1,802.00
Zeager
Geotextile Fabric, 1500 sf per roll
2
$160.00
$320.00
Discount Jax
City of Jacksonville SC -0511-06 5%
-1
$106.10
-$106.10
Classic Rec
24'x30' Orlando Shetler. HR -36 roof, 4:12 roof pitch. 0 Columns,
1
$17,916.00
$17,916.00
Direct Bury full, TGIC poly powder coat wl zinc rich primer, provision for electrical.
150 mph 3 sec gusts. (Electrical work is to be provided by others).
Discount Palm Beach Co. 08-0515% -1 $895.80 -$895.80
Notes: BUILDING PERMITS ARE NOT INCLUDED.
*1f local building department requires a different roofing material, the customer will be held responsible for any additional costs/charges.*
**For the Miami -Dade Approved Standing Seam Roof Option,.this will cost an additional $7,555.
If this option is preferred, then $7,555 will be added to this quote.**
Page 1
PIAYMO... RE
Recreational
Products &Services
10271 Deer Run Farms Road, Suite 1
Fort Myers, FL 33966
(239) 791-2400 (239) 791-2401 fax
(888) 886-3757 toll free
www.olaymoreonline.com
Client: City of Miami
1950 NW 12 Ave
Miami FL 33136
QUOTATION
05114/09
Job Number: 1685
Revision: A
Job: liberty Square Park Playground
6404 NW 14 St.
Miami FL 33147
Item Description Quantity Cost Subtotal
2 Freight
Freight Playworld Freight to Miami, FL 33127,
Freight Zeager Freight to Miami, FL 33127.
Freight Classic Rec Freight to Miami, FL 33127.
3 installation
PSI Installation
Installation of Playworld Equipment. City of Jacksonville SC -0511-06.
Zeager Instal(
Installation of Zeager Materials for 2123 SF, priced per CF.
$2,600.00
Per City of Jacksonville SC -0511-06.
Installation
Installation of (1) 24'x30' Orlando Shelter.
Eng Drwgs
Engineered Sealed Drawings
Site Prep
Excavate 4" for 832 SF (26'x32') for concrete pad for shelter,
leave spoils on site. Minimum Charge.
Concrete Pad
Provide & Install 4" Concrete pad for under shelter for 832 SF,
$12,246.99
priced per SF.
Storage
Storage Container
Page 2
Subtotal:
$57,307.93
1
$2,600.00
$2,600.00
1
$1,670.00
$1,670.00
1
$3,895.00
$3,895.00
Subtotal:
$8,165.00
1
$12,246.99
$12,246.99
2123
$0.75
$1,592.25
1
$10,750.00
$10,750.00
1
$1,000.00
$1,000.00
1
$2,000.00
$2,000.00
832
$6.60
$5,491.20
1
$750.00
$750.00
Subtotal:
Grand Totals:
$33,830.44
$99,303.37
P[AYMORE
Recreational
Products & Services
10271 Deer Run Farms Road, Suite
Fort Myers, FL 33966
(239) 791-2400 (239) 791-2401 fax
(888) 886-3757 toll free
www.playmoreonfine.com
Client: City of Miami
1950 NW 12 Ave
Miami FL 33136
QUOTATION
05-14-2009
Job Number: 1685
Revision: A
Job: Liberty Square Park Playground
6404 NW 14 St.
Miami FL 33147
General Terms:
Acceptance by either a signature or a purchase order based on this proposal indicates that you are in full agreement with all terms and conditions of this proposal
including the following:
Prices are valid for 30 days. After 30 days, prices are subject to change without notice. Sales tax will be charged unless a copy of a valid Sales tax exemption
certificate is presented with order. Specify all color selections in writing. Any discrepancies that arise due to oral color selections will be the responsibility of the
customer. If customer is installing equipment, all equipment is to be installed per manufacturer's instructions and appropriate guidelines such as ASTM and CPSC.
Installation, site work, building permits, engineered drawings, etc, are not included unless noted.
Installation Terms:
Standard Services Include:
Shipping Notification/Receiving Instructions
' Pre -Installation On -Site Meeting
' Underground Utility Check (Sunshine Stale
One Call)
' Accept Delivery and Unload Equipment
(If site is ready)
Moving New Equipment to Job Site
Customer Responsibilities (unless otherwise noted in the applicable quotation/contract):
Layout of Equipment
' Installation of Equipment and Materials Per
Manufacture's Instructions
Trash Clean Up (Dumpslers and Off-SHe
Trash Disposal not Standard)
' Post -Installation Walk Through
Maintenance Explanation
Trash Disposal - Dumpsters or Off Site Disposal.
Aracept Delivery and Unload Equipment (If site is not ready.) $500.00 Charge will Apply if Customer wants Installers to Unload.
Provide Area for Storage and Staging.
' Secure Site and Equipment.
Provide Access as Outlined below.
Some Optional Responsibilities (Must be dearly outlined in the applicable quotation/contract):
' Removal of Existing Equipment,
Site Preparation and Grading.
` Building Permits.
Engineered Drawings for Purchased Equipment.
' Other Permits or Engineered Drawings (i.e. zoning permits, environmental permits, site surveys, etc.)
`Any other responsibilities must be clearly outlined in the applicable quotation/contract.
Other Notes:
Access/Utilities. Access must be provided to the installation area for heavy trucks and equipment. Access of equipment and personnel is the obligation of the customer to provide
until the project is fully completed. We will take every precaution to avoid damage, however any damage caused by the normal installation of our product, such as sod,
concrete sidewalks, private underground utilities, etc, will be the responsibility of the customer, as will any additional costs associated with limiting damage such as providing
plywood over sod for access. If access is not reasonably close to the jobsite, any additional costs incurred due to having to transport materials and/or supplies will be the
responsibility of the customer.
Rock/Foreign Object Clause. Most installations require digging of holes and footing equipment in concrete below finished grade. Removal of existing ground covers such as
asphalt, concrete, tan bark, sand, pea gravel, wood fiber, rubber matting, poured -in-place rubber surfacing, or any other material that interferes or delays the digging of holes, is
the responsibility of others, unless otherwise noted. If excessive underground obstructions such as rock, coral, asphalt, concrete, pipes, drainage systems, root systems,
water, or any other unknown obstructions are discovered, charges will be added to the original proposal.
Playground Loose -Fill Surfacing. The CPSC Public Playground Safety Handbook states "Never use less than 9 inches of loose -fill material. Shallower depths are too easily
displaced and compacted." and "CPSC staff strongly recommends against installing playgrounds over hard surfaces, such as asphalt, concrete, or hard packed earth,
unless the installation adds the following layers of protection. Immediately over the hard surface there should be a 3 -6 inch base layer of loose -fill (e.g., gravel for
drainage). The next layer should be a Geotextile cloth. On lop of that should be a loose -fill layer ... Embedded in the loose -fill layer should be impact attenuating mats under
high traffic areas, such as under swings, at slide exits, and other places where displacement is likely.... Older playgrounds that still exist on hard surfacing should be modified
to provide appropriate surfacing." Playmore strongly recommends that these guidelines be followed. If the customer contracts for something contrary to the guidelines, they are
accepting all responsibility for any liability and future litigation that may arise.
Acceptance Signature Date P.O. #
Page 3 of 3
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EXHIBIT "B"
Playmore Warranty
11 of 12
QPlaVDe mis. PLAYWORLD WOMB
Warranty Certificate
age 1 of 3
CONTROLLING TERMS: An order or acceptance of products by
customer constitutes acceptance of these Terms and Conditions in
their entirety, without regard to any terms and conditions contained
in any document of customer, even if they are additional to and not
in conflict with these Terms and Conditions.
PRICES: Prices are subject to change without notice. Unless
otherwise stated in writing, all prices are F.O.B. Lewisburg, PA, and
shall be exclusive of transportation, insurance, taxes, license fees,
customs fees, duties, premiums, fees and other charges. Any such
taxes, fees and charges will, at PLAYWORLD SYSTEMS option, be
added to the price, paid directly by the customer or reimbursed by
customer if paid by PLAYWORLD SYSTEMS.
TERMS OF PAYMENT: Unless credit is specifically granted in
writing by PLAYWORLD SYSTEMS, payment in full is due upon
delivery. AAI payments for products released and shipped on
approved credit accounts shall be due in full and in legal tender
of the United States (unless otherwise indicated by PLAYWORLD
SYSTEMS on the invoice) thirty (3D) days from the date of invoice
thereof.
If Customer fails to perform the terms of payment of any invoice
or if the financial condition of Customer shall become impaired or
unsatisfactory to PLAYWORLD SYSTEMS, PLAYWORLD SYSTEMS,
in its sole discretion, reserves the right to change the terms of
payment, require payment in advance or security or a guaranty
satisfactory to and/or defer or discontinue further shipments without
prejudice to any other lawful remedy available to PLAYWORLD
SYSTEMS. PLAYWORLD SYSTEMS also reserves the right in the case
of any of the foregoing events to cancel all of Customer's orders,
in which event Customer shall fully compensate PLAYWORLD
SYSTEMS for any commitments, obligations, expenditures, expenses
and costs that may have incurred in connection with the orders
(e.g., conversion charges, restocking charges).
A delinquency charge of 1-1/2% interest per month overdue
will be charged on past due accounts but in no event will the
delinquency charge be greater than the maximum rate permitted by
law. Customer shall pay all fees and expenses (including attorneys'
fees) incurred by PLAYWORLD SYSTEMS in the enforcement of
Customer's rights hereunder.
SET OFF: PLAYWORLD SYSTEMS shall have the right at any time
and without notice, to set off any liability or obligation of Customer
to PLAYWORLD SYSTEMS against any liability or obligation of
PLAYWORLD SYSTEMS to Customer.
PLAYWORLD
SYSTEMS'
The world needs play.
O 2009 Playworid Systems, Inc.
FREIGHT CHARGES: Determined and collected by carrier.
LOSS or DAMAGE in TRANSIT. PLAYWORLD SYSTEMS is not
responsible for loss or damage in transit. Our responsibility ends
when the carrier signs the Bill of Lading, which is our receipt that
the products were complete and in good condition when shipped. It
is the customer's responsibility to check the number of pieces shown
on the freight bill and our Bill of Lading. Any shortages or damages
should be noted on the freight bill before it is signed.
DELIVERY Delivery and shipment dates are estimates only, and
does not guarantee delivery or shipment on or by such dates.
INSTALLATION: PLAYWORLD SYSTEMS shall deliver the repaired
or replacement part or parts to the site free of charge, but will
not be responsible for providing labor or the cost of labor for the
removal of the defective part or parts and the installation of any
replacement part or parts. Replacement parts shall be guaranteed
for the balance of the original warranty period. IT IS CUSTOMER'S
RESPONSIBILITY TO ASSEMBLE, INSTALL AND USE THE PRODUCTS
SAFELY AND IN ACCORDANCE WITH OUR INSTALLATION
INSTRUCTIONS.
INSPECTION: All products must be inspected upon receipt and
claims must immediately be filed with the transportation company
and PLAYWORLD SYST=MS when there is evidence of shipping
damage, either concealed or external.
EXPORT: Customer is responsible for compliance with applicable
export laws and obtaining the appropriate export licenses when
reselling the products.
LIMITED WARRANTY:
PLAYWORLD SYSTEMS warrants its products to the original
customer to be free from structural failure due to defect in materials
or workmanship during normal use and installation in accordance
with our published specifications.
The warranty shall commence on the date of the PLAYWORLD
SYSTEMS invoice and terminate at the end of the period stated
below.
The warranty stated is valid ONLY if the products and structures
are: erected properly and in conformity with the layout plan and/
or installation instructions furnished by PLAYWORLD SYSTEMS
using approved parts; maintained and inspected in accordance
w4h PLAYWORLD SYSTEMS instructions; subjected to normal use
for the purpose for which the goods were designed; not subject
to vandalism, misuse, neglect, or accident; not subjected to
unauthorized addition or substitution of parts; not moved, in whole
or in part, after its initial installation unless authorized; and not
modified, altered, or repaired by persons other than PLAYWORLD
ssh0802094 0 2DD9 Playwodd Systems', Inc. Page 1 of 3
OftyDesims PLAYWORLD WdErall
Warranty Certificate
Paye 1'or J
SYSTEMS or its designees in any respect which, in the sole judgment
of PLAYWORLD SYSTEMS, affects the condition or operation of the
structures.
This warranty does not cover: 1) Cosmetic damage or defects
such as surface scratches, dents, marring, fading, or discoloration;
2) Damage due to normal wear and tear; 3) Damage due to
"Acts of God", such as hail, flooding, lightning, tornadoes,
sandstorms, earthquakes, and windstorms; and 4) Damage due to
"Environmental Factors", such as wind-blown sand, salt water, salt
spray, and airborne emissions from industrial sources (sulfur, acids
or corrosive chemicals, other than normal photochemical smog).
TH15 WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER
REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO ANY WARRANTY OF CONDITION, DESCRIPTION,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON -INFRINGEMENT OR ANY REPRESENTATIONS OR WARRANTIES
MADE IN ANY BROCHURES, MANUALS, CATALOGS, LITERATURE
OR OTHER MATERIALS OF PLAYWORLD SYSTEMS FURTHER,
NO REPRESENTATION, WHETHER ORAL OR WRITTEN, OF ANY
PLAYWORLD SYSTEMS REPRESENTATIVE MAY BE SUBSTITUTED OR
ALTER THE EXCLUSIVE LIMITED WARRANTY,
EXCLUSIVE REMEDY: To make a valid claim under the terms of this
Warranty, the Customer's written statement of claim (including a
specific description of the defect), along with a copy of the original
invoice, maintenance records, and supporting photographs, must be
received by PLAYWORLD SYSTEMS at the following address:
1000 Buffalo Road,
Lewisburg, PA 17837-9795 USA
on or before the end of the applicable warranty period.
Should any breach of this warranty occur within the applicable
warranty period, PLAYWORLD SYSTEMS shall, upon proper
notification in writing of the defect, correct such defect, either
by repairing any defective part or parts or by making available a
replacement part, at PLAYWORLD SYSTEMS option, within 60 days
of receipt of such written notification. PLAYWORLD SYSTEMS shall
deliver the repaired or replacement part or parts to the site free
of charge, but will not be responsible for providing labor or the
cost of labor for removal, installation, assembly or otherwise. Any
replacement part shall be subject to this warranty for the balance of
the original applicable warranty period but not thereafter.
LIABILITY EXCLUSIONS: TO THE EXTENT PERMITTED BY
LAW, PLAYWORLD SYSTEMS SHALL IN NO EVENT BE LIABLE IN
CONNECTION WITH A PRODUCT FOR (A) ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, BASED ON TORT,
sshOB02094 ® 2009 Playwodd systemi, Inc.
CONTRACTOR OTHER LEGAL THEORY, WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY
DAMAGES WHATSOEVER IN EXCESS OF AN AMOUNT EQUAL
TO THE PURCHASE PRICE FOR SUCH PRODUCT. THE RIGHT TO
RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS
CUSTOMER'S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT
THAT THE REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL
PURPOSE.
FORCE MAJEURE: PLAYWORLD SYSTEMS shall not be liable in
any way because of unforeseen circumstances or causes beyond
its control, including, without limitation, strike, lockout, embargo,
riot, war, act of terrorism, fire, act of God, accident, failure
or breakdown of components necessary to order completion,
subcontractor, supplier or Customer caused delays, inability to
obtain labor, materials or manufacturing facilities, or compliance
with any law, regulation or order.
SAVINGS CLAUSE: If any part of the terms and conditions stated
herein is held void or unenforceable, such part, to the extent void
or unenforceable will be treated as severable, leaving valid the
remainder of the terms and conditions which shall be deemed
revised so as to remain enforceable to the greatest extent possible
consistent with such holding.
GOVERNING LAW: All matters relating to the sale of products or
services shall be governedtby the law of the Commonwealth of
Pennsylvania U.S.A., notwithstanding any conflict of laws principles.
DISPUTES: Customer irrevocably consents to the exclusive
jurisdiction and venue of the courts of Pennsylvania, U.S.A. in the
United States District Court for the Eastern District of Pennsylvania
in all matters arising out of or relating to the sale of products and/or
services hereunder.
No action, regardless of form, arising out of, or in any way
connected with, the products or services furnished by PLAYWORLD
SYSTEMS, may be brought by Customer more than one (1) year
after the date of the Customer's purchase order.
DESIGN: PLAYWORLD SYSTEMS will attempt to improve the
equipment available for your play area and therefore reserves the
right to change the design specifications without notice.
()PLAYWORLD
SYSTEMS"
The world needs play.'
® 2009 Playworld Systems, Inc.
OPlayDesiGm PLAYWORLD UfdftN
Wa rra my Certificate
P.;Ies0s
Warranty Periods end as follows for the different types of products stated below:
Playworld" and PlayDesigns° products:
• Lifetime on steel and aluminum posts, all stainless steel
hardware, clamps, T's, deck hangers, post caps and cast aluminum
parts, except as otherwise specified below.
• 25 years on Spring Mates* & PlayPals' aluminum castings, and
steel coil springs and steel C -springs.
• 20 Years on all Recycled Plastic Lumber
• 15 Years on all perforated steel decks, rails, loops, rungs, fitness
systems, sheet steel, rotomolded and sheet plastic components;
Eco-Armonm panels, roofs and crawl tubes, stainless steel slides,
aluminum slides and PlayWeb"m tubular steel parts.
• 10 Years on fiberglass signage, RockBlocks• Handholds, Indoor
Climbing Wall Handholds, accessible swing seats, steel -core cable,
Fun CentersTA°, and precast concrete products, including Climbing
BouidersTM and Diggables made from PolyFiberCrete'.
• 5 Years on all Cushion Play, swing seats, ground based play
moving parts, Border Timbers and Site Amenities, including all
benches, tables, litter receptacles and bike racks.
• 1 Year on NEOS' lenses and light tubes; all electronic
components, including all wiring harnesses, LED's, computer boards,
buttons, speakers, scoreboard, and related hardware;* Indoor
Climbing Wall Mats; all other moving parts, and any other materials
not covered above. (*An extended 3 -year NEOS' parts -only
warranty is available for purchase. Contact your Playworld Systems
Dealer for more information.)
C)PLAYWORLD
SYSTEMS'
The world needs play!
O 2009 PuynoHd Systems, Inc.
sshOB02094 0 2009 ftyworid Systems, Inc_
Playworld°/PlayDesigns• Shade products:
* 20 Years on steel posts, all hardware, clamps, shackles, wire, post
caps and cast aluminum parts.
• 10 Years on steel tensioning devices.
• 10 Years on Shade fabric components against structural failure,
mildew, significant fading, deterioration, cracking or discoloration
due to ultraviolet exposure outdoor heat or cold, due to defects in
materials or workmanship. Playworld Systems may repair or replace
the product at its sole discretion. In the event that replacement of a
product is warranted, Playworld Systems shall replace the product
at no charge for the first 6 years, thereafter pro -rated at 18% per
annum over the last 4 years.
LifeTraile products:
• Lifetime on steel posts and stainless steel hardware.
• 10 Years on all steel weldments, grab bars seat posts, ancillary
steel equipment, rotomolded plastic components, and fiberglass
signage.
• 5 Years on all moving parts.
• 1 Year on all other materials not covered above.
EXHIBIT "C"
Vendor Recommended Maintenance Schedule
12 of 12