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MIRACLE RECREATION EQUIPMENT COMPANY - BUCKY DENT PARK SHADE STRUCTURE SYSTEMA CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE PURCHASING SECTION OF OUR WEBPAGE AT: www.hialeahfl.gov CITY OF HIALEAH CONTRACT AWARD PURCHASING DEPARTMENT CITY OF HIALEAH CONTRACT: BUCKY DENT PARK SHADE STRUCTURE SYSTEM DESCRIPTION: NATIONAL JOINT POWERS ALLIANCE CONTRACT NO. 030117-LTS CONTRACT PERIOD: SECTION #1 – VENDOR AWARD Name: MIRACLE RECREATION EQUIPMENT COMPANY Name: Contact: CONNIE BROWN Contact: Phone: 954-520-4523 Phone: Fax: Fax: E-mail: connieb@miracleofsouthflorida.com E-mail: Name: Name: Contact: Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CITY COUNCIL APPROVED ON: 11/24/2020, ITEM Q AMENDED AMOUNT: RESOLUTION NO: INSURANCE REQUIREMENTS: ANNUAL CONTRACT AMOUNT: $22,798.01 PERFORMANCE BOND: APPLICABLE ORDINANCES: Notes: SECTION #3 – REQUESTING DEPARTMENT CITY OF HIALEAH, DEPARTMENT OF PARKS AND RECREATION Contract Administrator: Joseph Dziedzic Phone: 305-687-2650 SECTION #4 – PROCURING AGENCY CITY OF HIALEAH, DEPARTMENT OF PARKS AND RECREATION Contract Administrator: Joseph Dziedzic Phone: 305-687-2650 Prepared by: Carmen Escalera Ca.rJ.os;!f~rn.•~4ei M~Yt>r· Jesus T:undidor Couneill~resident M()ni¢.a ~~tez CoU.ne<il. VU~e4Pre.sid~nt November 10, ·2020' Hbnorahfe·MayorCados. Hernandez and City Council Members: City of Hialeafr SOI Palm Avenue Hialeah;FL 33010 :Cbune.il~Memlfers '.~~h~r(n,~€~~~ent~ Qs.~~ll Q~43 l\{1$3 1.a:~q;ueli1ti.Gat¢ia~Bx>ves: :PautB.:He:r.nandez C~r,f~g\>y City of Hialeah ITEM#_()~­ NOV 2 4 2020 RE: Bucky fient ParkShade Structure Dear Mayor andC<mncihmembers:· the Charter ofthe City or Hialeah sta~es that contracts in amounts greaterithan '$ts;O.b()'J)U shall be awarde.d on the basis or specifioatfons and,formal' sealed.bids» The Council max award'a contFad\tothetowest responsihle,.and responsfvebidder~.:or:itcmay reject all bids and re:..adverlise; or it maywaive. competitive bidding when ilffnds it tod)e inthebest Interest o.f the City~. · the Parks an& Recreation Department has, acqufred a quote'. from. Miracle ~ecreation; Squlp, C~Y. awhoUy; .. o:wned: subsidfa~ of Playpower, tnc.* throughthe National Joint Power Allianc.e (NJPA) pi~y backing; NJPA.C.ontract#Ol0ll '7:;C:rs~ for the:purchase and installation of a new sliade structure system for 13ucky Dent park t~ be fostalled for the soon to be completed .outdoor gym. The amount for the shade structure will be totaling;. $~2.,798~01' ($7,&33.aO. for· one JOx3:0xtO: Shade structurei $.9.00\00 elliineered drawin&s; $1,SM;OO Xi·· 4 concrete footings; $6f50Ck00 for installation; ~:111.imoJm forftelght; ~$2'34,9~ discounted amount). This, shade system will serve the demandscofnewresidenttal de:vefopmentto:'the::Ci~~fs ItarkSys~em. therefore, at thisdme the. Department of Parks.&. Recreation requests to .pigg>'; back NJPA Contract #0'30ltl'f:..:t.tS and open•a Purchase Order with Miracle Recreation Equip; Co.; an active corporation' in gp.od,standing in the State ofFlodda., in all'ammint not to·exceed $22·179g·;o1 forall specified items .. tljJs 0expenditure will be drawn ~gainst account number t f$~.31'1<t5.71.63o~ wi.th an. availahle balanc~ ~~--'-'~%...'~ l • ...:,'·after this expenditure. J~s,eph zi .. Par~s and R~c:r~afion Direct.or Att: Miracle quote and NJPA contract awarc;l letter SQl PalmAvenue;.Hialeah~.FJmida. • .3t~O'.l0!'41f9 wW\V•IJialeaf1f!,g!).y Mkaqle·.Re~~eQti!<)p}gqµi·p. 8~· ~7812~. l:l~.fl'{VY ~Q· . Monett,. ~P 657t)8 . +~88s;45si'2752 · · :~r~pElr~ For: Qu~nth:rWeb Q~yQf'Hiafoah 560'.1.E. 8Ave. Hil!lleah,Fk .. 33013 ;3,05;$~7·?67£5 (ph()M) .qWel;)~pr@J;ti~lli)ahfl.goy ·q'19te;Nmnber: RQQ232002~(> ~O'~ote,.bat:e.:· 111212J)20 · · ·.· Va'lidFor:. 3.Q Dayst=rom Quote Date PrqJeq1:.Nam~~· 49®U.e>n:: au~ PiaotE>ark.$f;la~e ·$JiAgE ~TRUdTl.J.RE Rtq~uc:tJ,lQ~: PhW $hcide Part ~~m.b~r · Oescdpti~n ,.t;JSA.Shaae. 30''x30'x tO'h Squal'e Shacle'structure (RPS) :AQDl11PNAL. ITSM.S P~d~~mbiar ;fg9tif19s St;1a(!e Qrawfog~ .lJ/214020 . . . .. Qes~ptlon Concrete Footings (Shade) ·.Sealed Eoginaeted Drawings . <A.l'.JQT1;:J~oois40_0220 Tptals: PriaPra~~J?y: Mi'ra.\;lle,.c>f ,Spufh'Ftottda CPMie .. ~rowrt .. . . . ..· ($.St\l'~4Q·4~6~ {phppe) . (~$4h2tl9·~~~~··(f~~}: ·. . €qntii~li@miracleofsouthfforida,com Q .. ·w·.·.·.· ... a· ·.1gh···t· . . < !Y 1 O~Ob w'~;~o d~oo l)fl~'.Pd~ 1'500,00 '9oo.oa Notes: Prices per Sourcewell contract# 030117-LTS. Prices do not include soil testing, repair or replace landscaping or finished surface, pavers/sidewalk/ADA access, underground line location, storage of materials, site plan or survey, zoning approval 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@miraclerec.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 terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms 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 734154, Dallas, TX 75373-4154, 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: R0023200220 Quote Date: 11/2/2020 Equipment: $7,833.00 Grand Total: $22,798.01 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MiRACLE RECREATION EQUIPMENT By: 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 Mirade's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices f'Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. 3. Limitation of Warranty/ Indemnity. 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 WARRANlY OF MERCHANTABILllY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILllY 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 lYPES AND DEPTHS OF SAFElY 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 paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) 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 secure the payment and performance In full of all of Customer's obligations hereunder. Customer 1112/2020 Page 2 of 3 QUOTE: R0023200220 agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state 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 full 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 any other cause, and the occurrence of any such casualty shall not relieve 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 shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force 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, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by ttie Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This QuOte, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document and retransmission of any signed facsimile 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 11/2/2020 Page 3 of 3 QUOTE: R0023200220 FORM E CONTRACT ACCEPTANCE AND AWARD (Top portion of this form will be completed by NJPA if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of fhe RFP response.) NJPA Contract #: 030117-LTS Proposer's full legal name: PlayPower, Inc. Based on NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained Jn your proposal and to meet all of the terms and conditions set forth In this RFP, In any amendments to this Rf P, and In any exceptions that are accepted by NJPA. The effective dale of the Contract will be Aprll 14, 2017 and will expire on April 14, 2021 (no later than the later of four years from the expiration dale of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended For a fifth year at NJPA 's discretion. Awarded on April 14. 2017 Vendor Authorized Signatures: Jeremy Schwartz (NAME PRINTED OR TYPED) Chad Coauette (NAME PRINTED OR TYPED) NJPA Contract # 030117-LTS The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. VendorName~~~'ft~A~Y'fc-"'--ow-"'=t!,f:....;.....+,1 ~'Ji.J~=G--~~~~~~~~~~~- Authorlzed Signatory's Tltle ___ C_t_tk( __ ~_0a_v1_c ...... -/~__,__/_..0$__._.__oU_· ______ _ t;r£Zfii2_ -= M1a~\£L A .~u~S VENDOR AUTHORIZED SIGNATURE {NAME PRINTED OR TYPEDI Executed on Apr•, ( 17 . 20rJ NJPA Contract# 030117-LTS 11/12/2020 Detail by Entity Name , rr.>11v~ of ~rn.Jl!')fil}1Tl®W~ tlJJ .q//1cJIJJ llJilll o/ Fltnl.t/u 1~ DeP-artment of State I Division of CorP-orations I Search Records I Search by Entity Name I Detail by Entity Name Foreign Profit Corporation MIRACLE RECREATION EQUIPMENT COMPANY Filing Information Document Number FEl/EIN Number Date Filed State Status PrinciP-al Address 878 E Hwy 60 MONETT, MO 65708 Changed: 05/14/2020 Mailing Address 878 E Hwy 60 MONETT, MO 65708 Changed: 05/14/2020 F06000007491 43-1595099 12/04/2006 IA ACTIVE Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 01/29/2014 Address Changed: 01/29/2014 Officer/Director Detail Name & Address Title President I CEO Yeazel, Bryan 878 E Hwy 60 MONETT, MO 65708 Title Director DIVISION OF CORPORATIONS search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MIRACLERECR... 1/3 11/12/2020 Yeazel, Bryan 878 E Hwy 60 MONETT, MO 65708 Title Director Ramsey, Brian 878 E Hwy 60 MONETT, MO 65708 Title Director Simon, David 878 E Hwy 60 MONETT, MO 65708 Detail by Entity Name Title Chief Financial Officer I Executive Vice President I Secretary Glay, Cary 878 E Hwy 60 MONETT, MO 65708 Annual ReP-orts Report Year 2018 2019 2020 Document Images Filed Date 04/05/2018 03/25/2019 05/14/2020 05/14/2020 --ANNUAL REPORT r ---\;j~;,:.;i·~~g;l~PDFfor-;;,~;--1 03/25/2019 H ANNUAL REPORT rmm•mmiii~;,:.;i~~g;i·~HPD·F·f~-;~~tmm····1 04/05/2018 --ANNUAL REPORT I View image in PDF format 04/18/2017 --ANNUAL REPORT LYew image in PDF f~rmat 03/17/2016 --ANNUAL REPORT j View image in PDF format 04/20/2015 --ANNUAL REPORT I View image in PDF format I J I ., 04/11/2014 --ANNUAL REPORT I View image in PDF format J :::::=========================: 01/29/2014 --Reg.._8gent Changii.I View image in PDF format J 04/22/2013--ANNUAL REPORT :=I ==V=i=ew=im=a=g=e=in=P=D=F=f=or=m=a=t =-1:::; 04/20/2012 --ANNUAL REPORT j View image in PDF format. I ::====================: 04/25/2011 --ANNUAL REPORT I View image in PDF format I 04/05/2010 H ANNUAL REPORT , ... _.Vi;.:;i·~~9;-i·~·PD-Ff~;~~i' -1 03/03/2009 H ANNUAL REPORT rmmm-·v1;;;.;H;~;9;·;~-PD•FHf~;~~·;HH HH•l 04/30/2008 --ANNUAL REPORT I View image in PDF format J 05/17/2007 H ANNUAL REPORT I View image in PDF format J 12/04/2006 --Foreign Profit I search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MIRACLERECR. .. 2/3 115 park Grants and Impact Fees Fund Fiscal Year: 2021 Trial Balance - L~~s~,9~~r.t~,id:,J; "'' ~·,•·.·,.:,_::'!~i~~:,.;r#st~!: . -~ .. :.·!. l,:z:c·_;r; :~pi>_r§Jirl~!~~ )· ;.c~:[ :, ,;\';~!~~.~~~~i_i,'s1.':\~Rc#m.~~r~,~.;,L:L: :L~1-i~~~ij£#l.: :' :;~;.r::'.:":.£#~tH~~~-;.J 115.3130.572630 11 % 1,500,000.00 CAPITAL OUTLAY -INFRASTRUCTURE 1,500,000.00 161,377.80 174,557.01 1,164,065.19 11/12/2020 S! t\i'l~~~IJ:~ ~~L-__________________________________________________________________________________________________________ . _________________________________________________________________ . Total for (3) Capital Expenses Total expenses 3130 (Fund 115) PR-Parks & Recreation 115 Park Grants and Impact Fees Fund 1,500,000.00 1,500,000.00 1,500,000. 00 1,500,000.00 Fund Totals $1,500,000.00 Revenue/Expenses Balance: 161,377.80 161,377.80 $161,377.80 $161,377.80 115 Park Grants and Impact Fees Fund Trial Balance -Expenses 174,557.01 1,164,065.19 174,557.01 1,164,065.19 $174,557.01 $1,164,065.19 7' 0;33. + 1,500· + 1'500• + 1,500° + 1 ,5000 + 900•· + 5,5(1Qo + 1,RDQ• + ;:r:'1 • n-·;3. "" 2:i, m3· + 231~01 JCJ - 22, 798•0'I * ·1 ' 1 fith 065. 19 + ;'2,-79n°0·1 - 1 ' 1(~1 '267. '18 * Printed: 11/12/2020 Page:2