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Item C26 C26 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: C26 2023-1457 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo AGENDA ITEM WORDING: Second Amendment to the Agreement with P1ayCore Wisconsin, Inc. d/b/a GameTime. Parks and Beaches requests to add Harry Harris Park to the ADDITIONAL PARKS as defined in the First Amendment to the Original Agreement and to amend the composite Exhibit A to add A-9, Harry Harris Park to the agreement. The Total Estimated Not to Exceed Amount of Three Hundred Thirty-eight Thousand Nine Hundred Fifty-eight and 72/100 ($338,958.72) Dollars, will apply to this Phase A-9 of the Project. ITEM BACKGROUND: On May 22, 2022, Monroe County Parks and Beaches entered into a contract with Playcore Wisconsin, Inc. d/b/a GameTime utilizing competitively bid pricing in accordance with County cooperative purchasing/piggybacking procedures based on the underlying Contract No. 2017001134 between the City of Charlotte,NC and Playcore of Wisconsin, Inc. d/b/a GameTime. The May 2022 contract was to install new playground equipment and rubberized surfacing at Seven (7) Children's Playground areas and/or Fitness Courts throughout the County at a total of$1,166,995.12. This Amendment will add Harry Harris Park to the ADDITIONAL PARKS as defined in the First Amendment to the Original Agreement and to amend the composite Exhibit A to add A-9, Harry Harris Park in the amount of$338,958.72; PREVIOUS RELEVANT BOCC ACTION: May 17, 2023, the BOCC approved the First Amendment to Contract with P1ayCore Wisconsin, Inc. d/b/a GameTime, for the addition of playground, rubberized play surfacing and fitness equipment installation in seven(7) different parks throughout Monroe County. The amount of this Agreement is $1,166,995.12. May 18, 2022 the BOCC approved an agreement with Playcore Wisconsin, Inc., d/b/a GameTime, in the amount of$399,473.71, for the purchase and installation of playground equipment and rubber surfacing in the Children's area of the Key Largo Community Park utilizing competitively bid pricing in accordance with County cooperative purchasing/piggbacking procedures. 1 June 28, 2022 the BOCC approved by change order an additional $32,251.17 added to the scope for a shade structure installation over ADA accessible equipment and tot swings. December 17, 2022 the BOCC approved by change order an additional $28,835.00 added to the scope for removal and disposal of existing equipment, relocation of existing sand, additional curbing to retain safety surface and permitting fees. CONTRACT/AGREEMENT CHANGES: Addition of the Harry Harris Park located at 50 E. Beach Rd., Tavernier, Florida, to be added to current Contract. STAFF RECOMMENDATION: Approval DOCUMENTATION: Second Amendment Exhibit Am9_Harry Harris Playground Quote Harry Harris Park- Certificate of Pricing Guarantee Playcore Wisconsin DBA Gametime_Certificate of Insurance(COI) exp 08/01/2024 First Amendment 05/17/2023 Original Agreement 05/18/2022 FINANCIAL IMPACT: Effective Date: September 20, 2023 Expiration Date: June 30,2024 Total Dollar Value of Contract: Additional $338,958.72 Total Cost to County: Additional $338,958.72 Current Year Portion: N/A Budgeted: Yes Source of Funds: ARPA CC_06066 CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Maintenance and Repair Revenue Producing: NO If yes, amount: Grant: ARPA County Match: N/A Insurance Required: Yes Additional Details: 2 C26 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: C26 2023-1457 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo AGENDA ITEM WORDING: Second Amendment to the Agreement with P1ayCore Wisconsin, Inc. d/b/a GameTime. Parks and Beaches requests to add Harry Harris Park to the ADDITIONAL PARKS as defined in the First Amendment to the Original Agreement and to amend the composite Exhibit A to add A-9, Harry Harris Park to the agreement. The Total Estimated Not to Exceed Amount of Three Hundred Twenty-eight Thousand Seven Hundred Fifty-six and 34/100 ($328,756.34) Dollars, will apply to this Phase A-9 of the Project. ITEM BACKGROUND: On May 22, 2022, Monroe County Parks and Beaches entered into a contract with Playcore Wisconsin, Inc. d/b/a GameTime utilizing competitively bid pricing in accordance with County cooperative purchasing/piggybacking procedures based on the underlying Contract No. 2017001134 between the City of Charlotte,NC and Playcore of Wisconsin, Inc. d/b/a GameTime. The May 2022 contract was to install new playground equipment and rubberized surfacing at Seven (7) Children's Playground areas and/or Fitness Courts throughout the County at a total of$1,166,995.12. This Amendment will add Harry Harris Park to the ADDITIONAL PARKS as defined in the First Amendment to the Original Agreement and to amend the composite Exhibit A to add A-9, Harry Harris Park; PREVIOUS RELEVANT BOCC ACTION: May 17, 2023, the BOCC approved the First Amendment to Contract with P1ayCore Wisconsin, Inc. d/b/a GameTime, for the addition of playground, rubberized play surfacing and fitness equipment installation in seven(7) different parks throughout Monroe County. The amount of this Agreement is $1,166,995.12. May 18, 2022 the BOCC approved an agreement with Playcore Wisconsin, Inc., d/b/a GameTime, in the amount of$399,473.71, for the purchase and installation of playground equipment and rubber surfacing in the Children's area of the Key Largo Community Park utilizing competitively bid pricing in accordance with County cooperative purchasing/piggbacking procedures. 1165 June 28, 2022 the BOCC approved by change order an additional $32,251.17 added to the scope for a shade structure installation over ADA accessible equipment and tot swings. December 17, 2022 the BOCC approved by change order an additional $28,835.00 added to the scope for removal and disposal of existing equipment, relocation of existing sand, additional curbing to retain safety surface and permitting fees. CONTRACT/AGREEMENT CHANGES: Addition of the Harry Harris Park located at 50 E. Beach Rd., Tavernier, Florida, to be added to current Contract. STAFF RECOMMENDATION: Approval DOCUMENTATION: Second Amendment Exhibit Am9_Harry Harris Playground Quote Harry Harris Park- Certificate of Pricing Guarantee Playcore Wisconsin DBA Gametime_Certificate of Insurance(COI) exp 08/01/2024 First Amendment 05/17/2023 Original Agreement 05/18/2022 FINANCIAL IMPACT: Effective Date: September 20, 2023 Expiration Date: June 30,2024 Total Dollar Value of Contract: Additional $328,756.34 Total Cost to County: Additional $328,756.34 Current Year Portion: N/A Budgeted: Yes Source of Funds: ARPA CC_06066 CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Maintenance and Repair Revenue Producing: NO If yes, amount: Grant: ARPA County Match: N/A Insurance Required: Yes Additional Details: 1166 PLAYGROUNDSECOND AMENDMENT TO AGREEMENT FOR UBBER SURFACING AT KEYL COMMUNITY PARK, MONROE COUNTY,FLORIDA THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this 20th day of September, 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and PlayCore Wisconsin, Inc. d/b/a GameTime, a Foreign-for-Profit Corporation, authorized to do business in the State of Florida, whose principal address is 544 Chestnut Street, Chattanooga, Tennessee 37402, its successors and assigns, hereinafter referred to as "GameTime"or "CONTRACTOR"; and together, hereinafter referred to as the"Parties". RECITALS WHEREAS, the parties hereto did on May 18, 2022, enter into an Agreement to replace and install new playground equipment and the accompanying poured rubber surfacing in the Children's Playground area of the Key Largo Community Park (Park), to improve the use and enjoyment of the Park by Monroe County residents and tourists visiting the Key Largo area (hereinafter"Original Agreement"); and WHEREAS, this Agreement will continue utilizing cooperative purchasing and pricing under a competitively bid solicitation by the City of Charlotte, North Carolina, a North Carolina municipal corporation, dated January 25, 2017, for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services. The City of Charlotte subsequently entered into Contract No. 2017001134, as amended, with PlayCore Wisconsin, Inc., d/b/a GameTime, effective July 1, 2017, to June 30, 2024; and WHEREAS, the City of Charlotte, on behalf of itself and other states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non-profit organizations, hereinafter referred to as "Participating Public Agencies," competitively solicited and awarded the Contract to PlayCore Wisconsin, Inc., d/b/a GameTime and entered into Contract No. 2017001134, with the City of Charlotte acting as the "Contracting Agent" for the Participating Public Agencies, hereinafter "City of Charlotte Contract No. 2017001134." GameTime shall then thereafter negotiate and contract with each Participating Public Agency concerning the placement of its own orders, purchase, contracting, payment, and all other matters related to its access to the underlying Contract No. 2017001134 and any subsequent contract entered into between the COUNTY and CONTRACTOR; and WHEREAS, Contract No. 2017001134 between the City of Charlotte and GameTime became effective on July 1, 2017, and was recently renewed in Amendment No. 11, with a current expiration date of June 30, 2024, with one (1) remaining optional extension of an additional two-year term to June 30, 2026; and 1167 WHEREAS,the COUNTY as a Participating Public Agency is registered as a participant and assigned Omnia Partners membership number 5322446, which allows it to access the reduced pricing and purchase under City of Charlotte Contract No. 2017001134; and WHEREAS, under said City of Charlotte Contract No. 2017001134, a National Network of Distributors and Installers are assigned to certain sales territories by states as shown on Exhibit C to City of Charlotte Contract No. 2017001134; and WHEREAS, GameTime, through Dominica Recreation Products, Inc., a National Distributor and Installer, is assigned the territories of Florida, Georgia, and Tennessee; and WHEREAS, the Original Agreement ("Agreement") term was for one (1) year to terminate on May 17, 2023; and WHEREAS, on May 17, 2023, the Parties amended the Original Agreement and extended the termination date to June 30, 2024, and added additional scope and services at the following County properties: • Friendship Park • Key Largo Community Park • Old Settlers Park • Blue Heron Park • Big Pine Key Community Park • Big Coppitt Volunteer Fire Department Park • Wilhelmina Harvey Park hereinafter referred to as "ADDITIONAL PARKS" and the additional scope and services as defined in composite Exhibit A of the First Amendment to the Original Agreement; and WHEREAS, the COUNTY owns and maintains the Harry Harris Park located at 50 E. Beach Rd., Tavernier, Florida, hereinafter referred to as "HARRY HARRIS PARK". There is an area of HARRY HARRIS PARK which has been designated as a Children' s Playground area; and WHEREAS, the COUNTY desires to add Harry Harris Park to the ADDITIONAL PARKS as defined in the First Amendment to the Original Agreement and to amend the composite Exhibit A to add A-9, Harry Harris Park; WHEREAS, COUNTY and CONTRACTOR find this Agreement to be mutually beneficial and desire to amend the original contract; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1168 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Second Amendment by this reference. 2. Paragraph 2.1. Paragraph 2.1 of the Agreement is amended to insert and add the following: A-91 The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon its receipt of a written notice to proceed from the COUNTY. 3. Paragraph 7.1. Paragraph 7.1 shall be modified by adding new section 7.1.9 as follows: 7.1 COMPENSATION BASED ON SPECIFIED RATES Total Compensation to CONTRACTOR under this agreement for installation of playground equipment, fitness equipment and/or pour-in-place rubberized surface shall not exceed the work herein. The COUNTY shall review and approve the work completed at each Project phase. 7.1.9 The COUNTY shall past e CO T CT in accor ante with Ex iit "A-9" in current funds for the CONTRACTOR' based on the co Total Estimated Not to Exceed Amount of Three Hundred 4. No Further Modification. Except as set forth in this Second Amendment, all the terms and provisions of the Original Agreement, as first amended on May 17, 2023, shall remain unmodified, in full force and effect, ratified and confirmed. In the event of a conflict between the Original Agreement, as amended on May 17, 2023 and this Second Amendment, this Second Amendment shall control. Effective as of the date hereof, all references to the Agreement shall refer to the Original Agreement, as first amended on May 17, 2023, and this Second Amendment. 5. Miscellaneous. This Second Amendment shall be binding upon and inure to the benefit of the Parties, and their respective heirs, personal representatives, agents, successors, and assigns. No additions or modifications of any term or provision of this Second Amendment shall be effective unless set forth in writing, signed by the Parties. 6. Construction. This Second Amendment has been carefully reviewed by each of the parties. Therefore, this Second Amendment is not to be construed against any party on the basis of authorship. 1169 7. Representation of Authority. Each individual executing this Agreement on behalf of a Party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such Party and does so with full legal authority. 8. Counterparts. This Second Amendment may be executed in two or more counterparts each of which shall be an original but all of which shall constitute one instrument. An executed facsimile copy or e-mail delivery of a ".pdf' format data file shall be an acceptable form of acceptance of this First Amendment and shall be considered an original for all purposes. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 1170 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Date: APPROVED AS TO FORM&LEGAL SUFFICIENCY Me e unty Attorney's Office 08/3012023 thaft MeMes Archer Ass tant County Attorney Witnesses for CONTRACTOR: CONTRACTOR: lay ore Wisconsin,Inc. d/b/a GameTime mm .. ........ ........................--L1,0 t/ u - Signature atffof person authorized to legally bind the Corporation ate:............... m u Date: 08/31/2023 Rob DomWca .......... Print Name Address. 150 Pllaycore [Mve SEE Signature 407-331-0101 ...................................................................................................................................................................................................................................... Date Telephone Number 1171 Exhibit A-9 1172 GameTime 08/23/2023 c/o Dominica Recreation Products,Inc. Quote# P.O.Box 520700 105389-01-08 Longwood,FL 32752-0700 800-432-0162"407-331-0101 Fax:407-331-4720 Harry Harris Park with T Swing & Whirl (Revision 2) OMNIA Breakdown BOCC Monroe County Ship to Zip 33040 Attn:Suzi Rubio 1100 Simonton Street Key West,FL 33040 Phone:305-453-8788 Rubio-Suzanne@MonroeCounty-FL.gov lllllrlllll�l "' �. M I�a�vn i i�'„�r�ir.�isu�rl li:,,:q��arOr.. cr� nll,a„v,,r,i1i Ord ioi,,:'i,nVV°,ctii�ci°r. t�aun,llwnin•ir',i rr^nll�a.�i., Ill:rdln P.a�i /41��w°°�, a °.,,1`ur;li�ai.ai.u°r'iiur�u�u i°u�~i°rman~��V gym:,a°rti M.c.i4:r:i,i��niltiu��;�c:rlC,nNl p�ulrr„.trc un eigw � lin �Ir��'foi,"'flc.,ur31u'R,Vci!;ij �r¢r�ri�,i uutilli4'in r, i1c. ;.,u�,��, �and staging u'uiuuill°ei ient, Sile access and tl:�gurg au:a inust.ll)n p:)iovided I,„r;r m nei Q1M,e 11::701"`a V',1011 111(,IlUde siiA ia°.nro➢aceiiro nrt 268 Curb GT-Impax-Concrete Curb(In.ft.)- $38.54 $10,328.72 4"Wide-Not Reinforced 4150 Concrete GT-Impax-Concrete Sub-Base(sq.ft.) $8.41 $34,901.50 4150 Poured- GT-Impax-Poured Rubber Surfacing-8'fall height- $27.93 4.40 $26.70 $110,805.00 8 50%Standard Color-Aromatic Binder-3.5"Thick with 1/2"EPDM wear course cap-5-year warranty Includes 100 If Beige/Black Baseball Stitches 1 6372 GameTime-Spin With Me nth Handle) $6,995.00 28.00 $5,036.40 $5,036.40 1 P831 GameTime-TSwing(Painted),31/2"Od $1,563.00 3.00 $1,516.11 $1,516.11 1 SS8910 GameTime-Belt Seat 3 1/2"/8'W/Clevis $413.00 16.00 $346.92 $346.92 1 SS8558 GameTime-3 1/2"Zero-G Chair(5-12)-Stainless $837.00 6.00 $786.78 $786.78 1 Sealed 5-Star Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings $1,250.00 $1,250.00 1 INSTALL 5-Star Plus-Five Star Plus Playground Installation Services- $54,600.00 $54,600.00 Performed by a Certified Installer,includes meeting and unloading delivery truck,signed completion forms,site walkthrough,and 3-Year Labor Warranty! 1 INSTALL 5-Star Plus-Building Permits- $6,000.00 $6,000.00 Estimated Costs of Permits plus Time.If actual permit fees are significantly higher or lower,final invoice will be adjusted accordingly. if additional time spent acquiring permits,due to lack of information from owner final invoice to be adjusted. Survey 6 Siteplan are to be provided by the owner for the permit application. Correct legal address will be required. 1 90254 GameTime-5'Leaning Wall Climber $2,481.00 32.25 $1,680.80 $1,680.80 4 10768 GameTime-Toad Stool Seat $627.00 28.00 $451.44 $1,805.76 1 26059 GameTime-4 Way X-Pod Step $2,015.00 32.25 $1,365.10 $1,365.10 tl 26071 GameTime•Symmetric Climbing Wall Attachment $2,123.00 32.25 $1,438.27 $1,438.27 1 26078 GameTime-Arched Loop Ladder Overhead $995.00 32.25 $674.08 $674.08 1 26079 GameTime-Inverted Loop Ladder Overhead $995.00 32.25 $674.08 $674.08 1 26082 GameTime-Trapeze Ring Overhead $1,691.00 32.25 $1,145.60 $1,145.60 QMNIA . AK1rw Q$ Page 1 of 4 ,w.. ;PIN, r 1173 GameTime 08/2312023 c/o Dominica Recreation Products, Inc. Quote# P.O.Box 520700 105389-01-08 Longwood,FL 32752-0700 800-432-0162*407-331-0101 Fax:407-331-4720 wN)Y.pNYdrjj!i1.com Harry Harris Park with T Swing & Whirl (Revision 2) OMNIA Breakdown 1 26088 GameTime-Tri Ladder $700.00 32.25 $474.23 $474.23 18 26094 GameTime-Triangular Shroud $93.00 32.25 $63.00 $1,134.09 1 26107 GameTime-Vertical Rock Climber $4,148.00 32.25 $2,810.15 $2,810.15 2 26113 GameTime-Single Rock Upright W/Rock Step $1,036.00 32.25 $701.86 $1,403.72 2 26121 GameTime-90 Deg 3 Way X-Pod Step $1,951.00 32.25 $1,321.74 $2,643.49 1 26143 GameTime-90 Deg 2 Way X-Pod Step $2,064.00 32.25 $1,398.30 $1,398.30 1 26146 GameTime-Cruise Rails $1,434.00 32.25 $971.49 $971.49 1 26152 GameTime-Therapeutic Rings(Link) $2,598.00 32.25 $1,760.07 $1,760.07 1 26167 GameTime-5'-0"Connectscape Climber $1,207.00 32.25 $817.71 $817.71 6 80000 GameTime-49"Sq Punched Steel Deck $1,425.00 32.25 $965.40 $5,792.37 1 81669 GameTime-Hand Cycler $1,072.00 32.25 $726.25 $726.25 1 81670 GameTime-Crunch Bar $144.00 32.25 $97.56 $97.56 1 90106 GameTime-4'-6'75'Schooner Climber $649.00 32.25 $439.68 $439.68 1 90157 GameTime-Triple Slide $6,142.00 32.25 $4,161.02 $4,161.02 2 90266 GameTime 8'Upright,Alum $503.00 32.25 $340.77 $681.54 3 90269 GameTime-11'Upright,Alum $665.00 32.25 $450.52 $1,351.55 4 90270 GameTime-12'Upright,Alum $721.00 32.25 $488.46 $1,953.82 3 90271 GameTime-13'Upright,Alum $773.00 32.25 $523.68 $1,571.05 1 90282 GameTime-6'Quick'S'Tube Slide,Std,30"D $5,017.00 32.25 $3,398.87 $3,398.87 1 90306 GameTime-Climber Archway W/Socket&Barrier $843.00 32.25 $571.11 $571.11 1 90336 GameTime-Climber Offset Archway W/Barrier $648.00 32.25 $439.00 $439.00 1 90366 GameTime-Sloped Funnel Climber W/Barrier $3,286.00 32.25 $2,226.17 $2,226.17 1 90369 GameTime-River Rock Climber $1,721.00 28.00 $1,239.12 $1,239.12 1 90510 GameTime-6'Dueling Wave Zip Slide,Std Dk $4,038.00 32.25 $2,735.63 $2,735.63 1 90574 GameTime-Scramble Up(6-6"&6-0") $1,679.00 32.25 $1,137.47 $1,137.47 1 90639 GameTime-Spiral Climber(5'-0"&5'-6") $1,150.00 32.25 $779.09 $779.09 1 90701 GameTime-Double Entrance Wilderslide li $2,025.00 32.25 $1,371.88 $1,371.88 2 90704 GameTime-Left Curve Section Wilderslide li $863.00 32.25 $584.66 $1,169.31 2 90705 GameTime-Right Curve Section Wilderslide li $863.00 32.25 $584.66 $1,169.31 2 90706 GameTime-Exit Section Wilderslide li $862.00 32.25 $583.98 $1,167.96 2 90709 GameTime-Support Wilderslide li $271.00 32.25 $183.59 $367.19 1 91119 GameTime-Play Port Bridge $6,768.00 32.25 $4,585.12 $4,585.12 4 91209 GameTime•Climber Entryway-Barrier $825.00 32.25 $558.91 $2,235.65 2 91334 GameTime Climber Offset Entryway(Barrier) $611.00 32.25 $413.93 $827.87 AawQMNIA I N S Page 2 of 4 1 U 1174 GameTime 08/23/2023 Go Dominica Recreation Products,Inc. Quote# P.O.Box 520700 105389-01-08 Longwood,FL 32752-0700 ft �dr< ti ui b:t � w 800-432-0162'407-331-0101 Fax:407-331-4720 Ww' .III':ml 7 in°pn.ircn°un Harry Harris Park with T Swing & Whirl (Revision 2) OMNIA Breakdown 2 91542 GameTime-15'Square Canopy $10,855.00 16.00 $9,118.20 $18,236.40 1 91682 GameTime-WeaveAround $5,999.00 32.25 $4,064.15 $4,064.15 1 91719 GameTime-Modem Transfer w/Barrier 4'Rise $7,949.00 32.25 $5,385.21 $5,385.21 1 91741 GameTime-Tic-Tac-Toe Panel $2,059.00 32.25 $1,394.91 $1,394.91 1 G90269 GameTime••• 11'Upright,Galy $691.00 32.25 $468.13 $468.13 9 G90270 GameTime-12'Upright,Galy $746.00 32.25 $505.39 $4,548.54 Sub Total $324,061.31 Freight $14,897.41 This quote was prepared by Tina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 giD a a�,g .0 fl.12 2.,c.aam All pricing in accordance with Omnia Partners/U.S.Communities Contract#2017001134. All terms in the Omnia Partners/U.S.Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S.Communities contract please visit.011Trp,tm,•pt;1„_II",;!air,;9;g;taa,•,•,Ifs•umlg�•Il,i-... g ll:�:o uniieTourr;• Permits are not included in cost,unless specifically listed in pricing. If permits are required Signed/Sealed drawings are needed and are also not included unless specifically listed in pricing.Any costs for muncipal permits,paid by installer,will be charged back to the owner.Adding permits to any job will increase the length of completion,expect total time to be about 150 dayq,after receipt of Site Plan from owner/customer(this is not due to manufacturing but rather the permit process at the muncipality level).It is expected that the owner will provide approved site plans of the area for the permit office,and will help and assist in the securing of all required approvals before assembly of equipment can begin.Installer cannot provide site plans. The permit process can not begin until aRpmRriate and current site plans are Rrrovided by owner. If there are no current surveys or site plans available,the owner may be required to obtain a new survey for the permit. This is the responsibility of the owner to obtain. If additional permitting requirements are needed during the process,those will be added and billed accordingly,i.e.soil density test,formed footers, etc. Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization,must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices:Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing:Firm for 60 days from date of quotation. Shipment:F.O.B.factory,order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing,if not already included,unless a tax exempt certificate is provided at the time of order entry. Exclusions:Unless specifically discussed,this quotation excludes all sitework and landscaping;removal of existing equipment;acceptance of equipment and off-loading;lift gate delivery;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation;safety surfacing;borders;drainage;signed/sealed drawings;or permits. - T 9 Y g 9 n g Page 3 of 4 1175 GameTime 08/23/2023 cto Dominica Recreation Products,Inc. Quote# CI�F_BM�Olm�e) P.O.Box 520700 105389-01-08 Longwood,FL 32752-0700 OP E conpi""y 800-432-0162*407-331-0101 Fax:407-331-4720 lyvinmil:ioril Harry Harris Park with T Swing & Whirl (Revision 2) OMNIA Breakdown Installation Terms:Shall be by a Certified Installer.The installer is an independent installer and not part of PlayCore,GameTime,nor Dominica Recreation Products. If playground equipment,installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. It�slaller rin[ respol�F�b Ile�01.&�xj relillaceine i,iit or�Jainaqe to access path and staging aii ea Customer shall be responsible for unknown conditions such as buried utilities,tree stumps,rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. Unitary Surfacing Notes:The installer of the Unitary Surfacing(Poured,Bonded,Turf,Tiles)is not the same installer of the playground equipment. However,your certified equipment installer will coordinate the timing of the unitary surfacing installation,but more than likely they will not be on-site at the time.They will continue to be your contact should you have any questions.Security is needed to protect surfacing at night or after installation as the product set.Normally it is not needed or a concern,however in some areas additional security is needed to prevent vandalism.12puft s not Included. Vandalism will be the responsible of the owner. ORDER INFORMATION Bill To:............... Ship To:....................... ........... Contact: Contact: Address: Address: Address: Address: City,State,Zip: City,State,Zip: Tel:, Fax: Tel: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of guo tion: Accepted By(printed): ......................... P.O.No: Signature: Date: ......................................... Titie: ............. Phone: .................... E-Mail: Purchase Amount:$338,958.72 OMNIA Page 4 of 4 1176 mm GameTime 08/23/2023 c/o Dominica Recreation Products, Inc. Quote# 015amaTimer, P.O. Box 520700 105389-01-08 Longwood, FL 32752-0700 CORD c*m w, 800-432-0162'407-331-0101 Fax:407-331-4720 www.IIIpIIlaydurllp.coini Harry Harris Park with T Swing & Whirl (Revision 2) OMNIA Breakdown BOCC Monroe County Ship to Zip 33040 Attn:Suzi Rubio 1100 Simonton Street Key West, FL 33040 Phone:305-453-8788 Rubio-Suzanne@MonroeCounty-FL.gov IIIIIIIIIII m Iola dlllll I IIIII I�I IIIIIIIIIIII II IIIh I I IIIIIII IIIIII III II IIIII IIIIIII I�Iluu �� of hn q l uaA all IlDi ur,��!�1ll i'uair All"y��d d;u�,��, Iluu uIT 1luuurtnurtnuuu;„l d�ir iruITurrnaar,��ll��,�uuu�d�dlu�d°:l, urrm��ull,uuu�, uuuua:iergin�)uuua1 udlllutues,site w d�ess aiiun1 stagiiiiig area ld.air a:x)uuslluuu¢�fili)uu e�:u.uiillpnnenl[ Slit &�x e aiiu l stag 11Vug area urtnu.u,3t be IIIDnwll�le l IIby�:r) line. Qu.0)te II 0::;S II`40I1 uu Iwle s xl ue Ilpllw:rennenl[ 268 Curb GT-Impax-Concrete Curb(In.ft.)- $38.54 $10,328.72 4"Wide-Not Reinforced 4150 Concrete GT-Impax-Concrete Sub-Base(sq.ft.) $8.41 $34,901.50 4150 Poured- GT-Impax-Poured Rubber Surfacing-8'fall height- $27.93 4.40 $26.70 $110,805.00 8 50%Standard Color-Aromatic Binder-3.5"Thick with 1/2"EPDM wear course cap-5-year warranty Includes 100If Beige/Black Baseball Stitches 1 6372 GameTime-Spin With Me(With Handle) $6,995.00 28.00 $5,036.40 $5,036.40 1 P831 GameTime-T-Swing(Painted),3 1/2"Od $1,563.00 3.00 $1,516.11 $1,516.11 1 SS8910 GameTime-Belt Seat 3 1/2"/8'W/Clevis $413.00 16.00 $346.92 $346.92 1 SS8558 GameTime-3 1/2"Zero-G Chair(5-12)-Stainless $837.00 6.00 $786.78 $786.78 1 Sealed 5-Star Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings $1,250.00 $1,250.00 1 INSTALL 5-Star Plus-Five Star Plus Playground Installation Services- $54,600.00 $54,600.00 Performed by a Certified Installer, includes meeting and unloading delivery truck, signed completion forms, site walkthrough, and 3-Year Labor Warranty! 1 INSTALL 5-Star Plus-Building Permits- $6,000.00 $6,000.00 Estimated Costs of Permits plus Time.If actual permit fees are significantly higher or lower,final invoice will be adjusted accordingly. If additional time spent acquiring permits, due to lack of information from owner, final invoice to be adjusted. Survey&Siteplan are to be provided by the owner for the permit application. Correct legal address will be required. 1 90254 GameTime-5'Leaning Wall Climber $2,481.00 32.25 $1,680.80 $1,680.80 4 10768 GameTime-Toad Stool Seat $627.00 28.00 $451.44 $1,805.76 1 26059 GameTime-4 Way X-Pod Step $2,015.00 32.25 $1,365.10 $1,365.10 1 26071 GameTime-Symmetric Climbing Wall Attachment $2,123.00 32.25 $1,438.27 $1,438.27 1 26078 GameTime-Arched Loop Ladder Overhead $995.00 32.25 $674.08 $674.08 1 26079 GameTime-Inverted Loop Ladder Overhead $995.00 32.25 $674.08 $674.08 1 26082 GameTime-Trapeze Ring Overhead $1,691.00 32.25 $1,145.60 $1,145.60 ►, NII , Page 1 of 4 1177 mm GameTime 08/23/2023 c/o Dominica Recreation Products, Inc. Quote# 1015amaim P.O. Box 520700 105389-01-08 Longwood, FL 32752-0700 CORDmu�;� 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Harry Harris Park with T Swing & Whirl (Revision 2) OMNIA � Breakdown 11� � M m 1 26088 GameTime-Tri Ladder $700.00 32.25 $474.23 $474.23 18 26094 GameTime-Triangular Shroud $93.00 32.25 $63.00 $1,134.09 1 26107 GameTime-Vertical Rock Climber $4,148.00 32.25 $2,810.15 $2,810.15 2 26113 GameTime-Single Rock Upright W/Rock Step $1,036.00 32.25 $701.86 $1,403.72 2 26121 GameTime-90 Deg 3 Way X-Pod Step $1,951.00 32.25 $1,321.74 $2,643.49 1 26143 GameTime-90 Deg 2 Way X-Pod Step $2,064.00 32.25 $1,398.30 $1,398.30 1 26146 GameTime-Cruise Rails $1,434.00 32.25 $971.49 $971.49 1 26152 GameTime-Therapeutic Rings(Link) $2,598.00 32.25 $1,760.07 $1,760.07 1 26167 GameTime-5'-0"Connectscape Climber $1,207.00 32.25 $817.71 $817.71 6 80000 GameTime-49"Sq Punched Steel Deck $1,425.00 32.25 $965.40 $5,792.37 1 81669 GameTime-Hand Cycler $1,072.00 32.25 $726.25 $726.25 1 81670 GameTime-Crunch Bar $144.00 32.25 $97.56 $97.56 1 90106 GameTime-4'-6"/5'Schooner Climber $649.00 32.25 $439.68 $439.68 1 90157 GameTime-Triple Slide $6,142.00 32.25 $4,161.02 $4,161.02 2 90266 GameTime-8'Upright,Alum $503.00 32.25 $340.77 $681.54 3 90269 GameTime-11'Upright,Alum $665.00 32.25 $450.52 $1,351.55 4 90270 GameTime-12'Upright,Alum $721.00 32.25 $488.46 $1,953.82 3 90271 GameTime-13'Upright,Alum $773.00 32.25 $523.68 $1,571.05 1 90282 GameTime-6'Quick'S'Tube Slide, Std,30"D $5,017.00 32.25 $3,398.87 $3,398.87 1 90306 GameTime-Climber Archway W/Socket&Barrier $843.00 32.25 $571.11 $571.11 1 90336 GameTime-Climber Offset Archway W/Barrier $648.00 32.25 $439.00 $439.00 1 90366 GameTime-Sloped Funnel Climber W/Barrier $3,286.00 32.25 $2,226.17 $2,226.17 1 90369 GameTime-River Rock Climber $1,721.00 28.00 $1,239.12 $1,239.12 1 90510 GameTime-6'Dueling Wave Zip Slide, Std Dk $4,038.00 32.25 $2,735.63 $2,735.63 1 90574 GameTime-Scramble Up(5'-6"&6-0") $1,679.00 32.25 $1,137.47 $1,137.47 1 90639 GameTime-Spiral Climber(5'-0"&5'-6") $1,150.00 32.25 $779.09 $779.09 1 90701 GameTime-Double Entrance Wilderslide li $2,025.00 32.25 $1,371.88 $1,371.88 2 90704 GameTime-Left Curve Section Wilderslide li $863.00 32.25 $584.66 $1,169.31 2 90705 GameTime-Right Curve Section Wilderslide li $863.00 32.25 $584.66 $1,169.31 2 90706 GameTime-Exit Section Wilderslide li $862.00 32.25 $583.98 $1,167.96 2 90709 GameTime-Support Wilderslide li $271.00 32.25 $183.59 $367.19 1 91119 GameTime-Play Port Bridge $6,768.00 32.25 $4,585.12 $4,585.12 4 91209 GameTime-Climber Entryway-Barrier $825.00 32.25 $558.91 $2,235.65 2 91334 GameTime-Climber Offset Entryway(Barrier) $611.00 32.25 $413.93 $827.87 ►, NII , Page 2 of 4 1178 mm GameTime 08/23/2023 c/o Dominica Recreation Products, Inc. Quote# 1015amaim P.O. Box 520700 105389-01-08 Longwood, FL 32752-0700 CORDmu��;� 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirlllp.coini Harry Harris Park with T Swing & Whirl (Revision 2) OMNIA III i III Breakdown I�I�� 2 91542 GameTime-15'Square Canopy $10,855.00 16.00 $9,118.20 $18,236.40 1 91682 GameTime-WeaveAround $5,999.00 32.25 $4,064.15 $4,064.15 1 91719 GameTime-Modern Transfer w/Barrier 4'Rise $7,949.00 32.25 $5,385.21 $5,385.21 1 91741 GameTime-Tic-Tac-Toe Panel $2,059.00 32.25 $1,394.91 $1,394.91 1 G90269 GameTime-11'Upright,Galy $691.00 32.25 $468.13 $468.13 9 G90270 GameTime-12'Upright, Galy $746.00 32.25 $505.39 $4,548.54 Sub Total $324,061.31 Freight $14,897.41 This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@gametime.com All pricing in accordance with Omnia Partners 1 U.S.Communities Contract#2017001134. All terms in the Omnia Partners/U.S. Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S. Communities contract please visit Omnia Partners Public Sector GameTime Permits are not included in cost,unless specifically listed in pricing. If permits are required Signed/Sealed drawings are needed and are also not included unless specifically listed in pricing.Any costs for muncipal permits, paid by installer,will be charged back to the owner.Adding permits to any job will increase the length of completion,expect total time to be about 150 days,after receipt of Site Plan from owner/customer(this is not due to manufacturing but rather the permit process at the muncipality level). It is expected that the owner will provide approved site plans of the area for the permit office,and will help and assist in the securing of all required approvals before assembly of equipment can begin. Installer cannot provide site plans. The permit process can not begin until appropriate and current site plans are provided by owner. If there are no current surveys or site plans available,the owner may be required to obtain a new survey for the permit. This is the responsibility of the owner to obtain. If additional permitting requirements are needed during the process,those will be added and billed accordingly, i.e.soil density test,formed footers, etc. Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading; lift gate delivery;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation;safety surfacing; borders;drainage;signed/sealed drawings;or permits. ►, NII , Page 3 of 4 1179 mm GameTime 08/23/2023 c/o Dominica Recreation Products, Inc. Quote# 1015amaimp P.O. Box 520700 105389-01-08 Longwood, FL 32752-0700 CORD om*m w, 800-432-0162'407-331-0101 Fax:407-331-4720 www.IIIpIIIaydirllp.coini Harry Harris Park with T Swing & Whirl (Revision 2) OMNIA Breakdown Installation Terms: Shall be by a Certified Installer.The installer is an independent installer and not part of PlayCore, GameTime, nor Dominica Recreation Products. If playground equipment,installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Ili°first allller a°u�:rg ua sllpa a°irsflblle k)r s al uellpllwaa enneii 11C a:rir aiannag Ila w dress IIpallII°u aauuii st aagiuiiig area Customer shall be responsible for unknown conditions such as buried utilities,tree stumps, rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. Unitary Surfacing Notes:The installer of the Unitary Surfacing(Poured, Bonded,Turf,Tiles)is not the same installer of the playground equipment. However,your certified equipment installer will coordinate the timing of the unitary surfacing installation, but more than likely they will not be on-site at the time.They will continue to be your contact should you have any questions.Security is needed to protect surfacing at night or after installation as the product set. Normally it is not needed or a concern, however in some areas additional security is needed to prevent vandalism.Security is not included. Vandalism will be the responsible of the owner. ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City,State,Zip: Tel: Fax: Tel: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $338,958.72 0,MNIA Page 4 of 4 1180 GameTime Division P1ayCore Wisconsin,Inc. 150 P1ayCore Drive SE Fort Payne,Alabama 35967 (La= Direct telephone:256.845.5610 Email:clint.whitesidegametime.co " °' � �� c°f ' "y�a) rn August 28,2023 Monroe County,FL. Administration,Parks, and Beaches Division Attn: Suzi Rubio,MPM 102050 Overseas Hwy., Suite 213 Key Largo,FL. 33037 RE: OMNIA PRICING GUARANTEE Suzi, GameTime hereby guarantees the following products are priced in accordance with our 2023 commercial list price, as well as the published discount schedule on our OMNIA Contract No. 2017001134 per their respective product categories. Although we have extended OMNIA Contract discounts,these new products may not be found on our current contract price list,as they were designed,tested, and released to the marketplace after the time of which we submitted our annual product and pricing update to the City of Charlotte and OMNIA Partners for the 2023 calendar year. Model No: Description: 2023 List Price: OMNIA Discount: 6372 GameTime Spin With Me $6,995.00 16% We also realize certain equipment in our proposal includes our Coastal Paint application. This also will not be found on our published contract price list, as the price basis varies per product and quantities being quoted or purchased,which ultimately limits our ability to list a standardized price or dollar figure. Respectfully submitted, Clint Whiteside Director of Sales Administration GameTime I PlayCore 1181 (MMID A�® CERTIFICATE OF LIABILITY INSURANCE D08/03/2023DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brenda Young-Epps MARSH USA,LLC. NAME' Two Alliance Center AICO No, o Ext:NE (404)995 3074 (FAX No): 3560 Lenox Road,Suite 2400 E-MAIL brenda.youngepps@marsh.com Atlanta,GA 30326 ADDRESS: Attn:Atlanta.CertRequest@marsh.com/Fax:212-948-4321 INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02326389-CAS-GAUWX-23-24 INSURER A:Evanston Insurance Company 35378 INSURED PlayCore Wisconsin,Inc. INSURER B:Continental Casualty Company 20443 Dba GameTime INSURER C:American Casualty Company Of Reading,Pa 20427 150 PlayCore Drive SE INSURER D:Transportation Insurance Cc 20494 Fort Payne,AL 35967 19445 INSURER E:National Union Fire Ins Co.of Pittsburgh PA INSURER F:The Continental Insurance Company 35289 COVERAGES CERTIFICATE NUMBER: ATL-005433040-07 REVISION NUMBER: 4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN D WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY X MKLV2PBC002028 08/01/2023 08/01/2024 EACH OCCURRENCE $ 2,000,000 DAMAGE T CLAIMS-MADE 1XI OCCUR PREM SESOEa occurrDence $ 100,000 X SIR$250,000 Per Occ. APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: DATE 8/29/2023 GENERAL AGGREGATE $ 4,000,000 POLICY PE� LOC WAIVER N/A YES PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: POLICY AGGREGATE $ 10,000,000 B AUTOMOBILE LIABILITY BUA7039895527 08/01/2023 08/01/2024 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Comp./Coll.Ded.:$1,000 $ X UMBRELLA LIAB X OCCUR 7039984806 08/01/2023 08/01/2024 EACH OCCURRENCE $ 10,000,000 EXCESS LAB CLAIMS-MADE RETENTION Umb Catastrophe$25,000 AGGREGATE $ 10,000,000 DED X RETENTION$0 $ C WORKERS COMPENSATION WC 7 39895530 08/01/2023 08/01/2024 X IPER OTH- AND EMPLOYERS'LIABILITY STATUTE ER C YIN WC739895544 08/01/2023 08/01/2024 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ D OFFICER/MEMBER EXCLUDED? NIA WC 39919971 08/01/2023 08/01/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 O If yes,describe under WC 7 39929062 08/01/2023 08/01/2024 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Excess Umbrella 019356229 08/01/2023 08/01/2024 Each Occurrence 15,000,000 Aggregate 15,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: All Jobs Monroe County BOCC and Monroe County Sheriff's Office are listed as additional insured as their interests may appear,during and until completion of the referenced project,on a primary and non-contributory basis v attached CG 2010,when required by written contract. A Waiver of Subrogation applies in favor of the additional insured on the Workers Compensation policy,when required by written contract. CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1182 AGENCY CUSTOMER ID: CN102326389 LOC#: Atlanta ACCORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,LLC. PlayCore Wisconsin,Inc. Dba GameTime POLICY NUMBER 150 PlayCore Drive SE Fort Payne,AL 35967 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers'Compensation(Continued): Carrier:Transportation Insurance Company Policy Number:WC 7 39918885 Dates:08/01/2023-08/01/2024 WC 7 39895530-AL,AZ,CA,CO,FL,GA,IL,IN,KY,MI,MN,MO,NV,NY,OK,OR,PA,SC,TN,TX,UT,VA WC739895544 -CA,CO,FL,GA,IL,IN,MI,MN,MO,MT,NC,NM,NV,NY,OK,OR,PA,SC,TN,TX WC 7 39919971-AZ,OR,WI WC 7 39918885-OH,NO,WY,WA ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1183 �ed`q GOUNTtC Kevin Madok, CPA Clerk of the Circuit Court& Comptroller—Monroe County, Florid May 23, 2023 TO: John Allen Director ol'Parks& Beaclies Naomi Pagidas 1',xectitive Assistant FROM: Pamela G. flanco( . .C. SUBJECT: May 17" BO CC Meeting Attached is an electronic copy of tl)e following item for your liandling: U8 1"Amendment to Contract `vitl) PlayCore NXisconsin, Inc. d/b/a Ga icTinie for the purchase and installation of playground equipment and rubber surfacing in seven cluldren's playground areas and/or fitness courts throughout the County at a total ol'$1,166,99.5.12. Tliis contract utilizes competitively bid pricing in accordance %vitli County cooperative purcliasing/pi backing procedures. '1'liese projects are Funded by the American Rescue Plan Act. Should you have any questions please Feel tree to contact nic at (30.5) 292-3550. cc: County Attonicy Finance File KEY WEST MARATHON PLANTATIONKEY 00 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 1184 FIRST AMENDMENT TO AGREEMENT FOR PLAYGROUND EQUIPMENT AND RUBBER SURFACING AT KEY LARGO COMMUNITY PARK, MONROE COUNTY, FLORIDA THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 17th day of May, 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and PlayCore Wisconsin, Inc. d/b/a GameTime, a Foreign-for-Profit Corporation, authorized to do business in the State of Florida, whose principal address is 544 Chestnut Street, Chattanooga, Tennessee 37402, its successors and assigns, hereinafter referred to as "GameTime" or "CONTRACTOR"; and together, hereinafter referred to as the "Parties". RECITALS WHEREAS, the parties hereto did on May 18, 2022, enter into an Agreement to replace and install new playground equipment and the accompanying poured rubber surfacing in the Children's Playground area of the PARK, to improve the use and enjoyment of the PARK by Monroe County residents and tourists visiting the Key Largo area (hereinafter "Original Agreement"); and WHEREAS, the Original Agreement ("Agreement") term was for one (1) year and currently terminates on May 17, 2023. The Original Agreement provides for extension upon mutual agreement of the parties; and WHEREAS, the Parties desire to extend the term which commenced on May 17, 2022, and with this amendment, will now terminate on June 30, 2024; and WHEREAS, this Agreement will continue utilizing cooperative purchasing and pricing under a competitively bid solicitation by the City of Charlotte, North Carolina, a North Carolina municipal corporation, dated January 25, 2017, for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services. The City of Charlotte subsequently entered into Contract No. 2017001134, as amended, with PlayCore Wisconsin, Inc., d/b/a GameTime, effective July 1, 2017, to June 30, 2024; and WHEREAS, the City of Charlotte, on behalf of itself and other states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non-profit organizations, hereinafter referred to as "Participating Public Agencies," competitively solicited and awarded the Contract to PlayCore Wisconsin, Inc., d/b/a GameTime and entered into Contract No. 2017001134, with the City of Charlotte acting as the "Contracting Agent" for the Participating Public Agencies, hereinafter "City of Charlotte Contract No. 2017001134." GameTime shall then thereafter negotiate and contract with each Participating Public Agency concerning the placement of its own orders, purchase, contracting, payment, and all other matters related to its access to the underlying Contract No. 2017001134 and any subsequent contract entered into between the COUNTY and CONTRACTOR; and 1185 WHEREAS, Contract No. 2017001134 between the City of Charlotte and GameTime became effective on July 1, 2017, and was recently renewed in Amendment No. 11, with a current expiration date of June 30, 2024, with one (1) remaining optional extension of an additional two-year term to June 30, 2026; and WHEREAS, the COUNTY as a Participating Public Agency is registered as a participant and assigned Omnia Partners membership number 5322446, which allows it to access the reduced pricing and purchase under City of Charlotte Contract No. 2017001134; and WHEREAS, under said City of Charlotte Contract No. 2017001134, a National Network of Distributors and Installers are assigned to certain sales territories by states as shown on Exhibit C to City of Charlotte Contract No. 2017001134; and WHEREAS, GameTime, through Dominica Recreation Products, Inc., a National Distributor and Installer, is assigned the territories of Florida, Georgia, and Tennessee; and WHEREAS, COUNTY desires to add additional scope and services, which individually shall be known as the "PROJECT", at the following County properties: • Friendship Park • Key Largo Community Park • Old Settlers Park • Blue Heron Park • Big Pine Key Community Park • Big Coppitt Volunteer Fire Department Park • Wilhelmina Harvey Park hereinafter referred to as "ADDITIONAL PARKS" and the additional scope and services as defined in composite Exhibit A; and WHEREAS, the COUNTY owns and maintains the Friendship Park located at 69 Hibiscus Lane, Key Largo, Florida, hereinafter referred to as "FRIENDSHIP PARK". There is an area of FRIENDSHIP PARK which has been designated as a Children' s Playground area; and WHEREAS, the COUNTY owns and maintains the Key Largo Community Park located at 500 St. Croix Place, Key Largo, Florida, hereinafter referred to as "PARK." There is an area of the PARK which has been designated as a Park Outdoor Fitness area; and WHEREAS, the COUNTY owns and maintains the Old Settlers Park located at 91895 Overseas Hwy., Tavernier, Florida, hereinafter referred to as "OLD SETTLERS". There is an area of OLD SETTLERS which has been designated as a Children' s Playground area; and WHEREAS, the COUNTY owns and maintains the Blue Heron Park located at 30451 Lyttons Way, Big Pine Key, Florida, hereinafter referred to as "BLUE HERON." There are areas of BLUE HERON which have been designated as a Children's Playground area and an Outdoor Fitness area; and 1186 WHEREAS, the COUNTY owns and maintains the Big Pine Key Community Park located at 31009 Atlantis Drive, Big Pine Key, Florida, hereinafter referred to as " BIG PINE PARK." There is an area of BIG PINE PARK which has been designated as a Children's Playground area; and WHEREAS, the COUNTY owns and maintains the Big Coppitt Volunteer Fire Dept Park located at 280 Avenue F, Big Coppitt Key, Florida, hereinafter referred to as "BCVFD PARK". There is an area of BCVFD PARK which has been designated as a Children' s Playground area; and WHEREAS, the COUNTY owns and maintains the Wilhelmina Harvey Park located at 373 Avenue F, Big Coppitt Key, Florida, hereinafter referred to as "WH PARK". There is an area of WH PARK which has been designated as a Children' s Playground area; and WHEREAS, COUNTY and CONTRACTOR find this Agreement to be mutually beneficial and desire to amend the original contract; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this First Amendment by this reference. 2. Paragraph 2.1. Paragraph 2.1 of the Agreement is replaced entirely by the following: The CONTRACTOR'S Scope of Basic Services with rates/costs for the PARK and the ADDITIONAL PARKS consists of that described in composite Exhibit "A" attached hereto and made a part hereof. A Conceptual Drawing of the Playground and Equipment as described in Exhibit A-1 is shown on Exhibit"B" attached hereto and made a part hereof. The additional scope of Basic Services for the ADDITIONAL PARKS is reflected in composite Exhibit A as follows: A-1. Key Largo Community Park-Pla ryg ound A-2. Friendship Park A-3. Key Largo Community Park-Outdoor Fitness A-4. Old Settlers Park A-5. Blue Heron Park A-6. Big Pine Key Community Park A-7. Big Coppitt Volunteer Fire Department Park A-8. Wilhelmina Harvey Park The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon its receipt of a written notice to proceed from the COUNTY. 3. Paragraph 6.1. Paragraph 6.1 shall be modified as follows: 1187 The CONTRACTOR agrees that it has conducted or will conduct background checks on personnel as required by the underlying City of Charlotte Contract No. 2017001134, and also pursuant to any statutes or provisions of Florida law that may be applicable to its Services in the PARK and Additional Parks. 4. Paragraph 7.1. Paragraph 7.1 shall be modified by amending Paragraph 7.1.1 and adding new sections 7.1.2 through 7.1.8 as follows: 7.1 COMPENSATION BASED ON SPECIFIED RATES Total Compensation to CONTRACTOR under this agreement for installation of pla ryg ound equipment, fitness equipment and/or pour-in-place rubberized surface shall not exceed the work herein. The COUNTY shall review and approve the work completed at each Project phase. 7.1.1 The COUNTY shall pay the CONTRACTOR in accordance with Exhibit "A-1" in current funds for the CONTRACTOR' S performance of services under this Agreement based on the competitively bid pricing outlined in Exhibit "A1." The original Total Estimated Not to Exceed Amount of Three Hundred Ninety-nine Thousand Four Hundred Seventy-three and 71/100 ($399,473.71) Dollars, along with two change orders, for a new Total Estimated Not to Exceed Amount of Four Hundred Sixty Thousand Five Hundred Fifty-Nine and 88/100 ($460,559.88)will apply to this ^g-e f e„t Project 7.1.2 The COUNTY shall pay the CONTRACTOR in accordance with Exhibit "A-2" as "Friendship Park PIP Resurfacing" in current funds for the CONTRACTOR'S performance of services under this Agreement based on the competitively bid pricing outlined in the original contract. The Total Estimated Not to Exceed Amount of One Hundred Forty-eight Thousand Thirty and 75/100 ($148,030.75) Dollars will apply to this Project. 7.1.3 The COUNTY shall pay the CONTRACTOR in accordance with Exhibit"A-3" as "Key Largo Park Outdoor Fitness" in current funds for the CONTRACTOR'S performance of services under this Agreement based on the competitively bid pricing outlined in the original contract. The Total Estimated Not to Exceed Amount of One Hundred Twenty- two Thousand Two Hundred Twenty-seven and 84/100 ($122,227.84) Dollars will apply to this Project. 7.1.4 The COUNTY shall pay the CONTRACTOR in accordance with Exhibit "A-4" as "Old Settlers Park" in current funds for the CONTRACTOR'S performance of services under this Agreement based on the competitively bid pricing outlined in the original contract. The Total Estimated Not to Exceed Amount of Seventy-two Thousand Three Hundred Eighty-one and 44/100 ($72,381.44) Dollars will apply to this Project. 7.1.5 The COUNTY shall pay the CONTRACTOR in accordance with Exhibit"A-5" as "Blue Heron Playground and Fitness Court" in current funds for the CONTRACTOR'S performance of services under this Agreement based on the competitively bid pricing outlined in the original contract. The Total Estimated Not to Exceed Amount of One 1188 Hundred Six Thousand Nine Hundred Two and 41/100 ($106,902.41) Dollars will apply to this Project. 7.1.6 The COUNTY shall pa the CONTRACTOR in accordance with Exhibit "A-6" as `Big Pine Key Park Playground" in current funds for the CONTRACTOR'S performance of services under this Agreement based on the competitively bid pricing outlined in the original contract. The Total Estimated Not to Exceed Amount of Five Hundred Sixty- eight Thousand Six Hundred Thirty-seven and 86/100 ($568,637.86) Dollars will apply to this Project. 7.1.7 The COUNTY shall pav the CONTRACTOR in accordance with Exhibit "A-7" as `Big Coppitt Volunteer Fire Dept Park" in current funds for the CONTRACTOR'S performance of services under this Agreement based on the competitively bid pricing outlined in the original contract. The Total Estimated Not to Exceed Amount of Forty- two Thousand Eight Hundred Thirty-three and 32/100 ($42,833.32) Dollars will apply to this Project. 7.1.8 The COUNTY shall pav the CONTRACTOR in accordance with Exhibit "A-8" as "Wilhelmina Harvey Park" in current funds for the CONTRACTOR'S performance of services under this Agreement based on the competitively bid pricing outlined in the original contract. The Total Estimated Not to Exceed Amount of One Hundred Five Thousand Nine Hundred Eighty-one and 501100 ($105,981.50) Dollars will apply to this Pro,ect. 5. Paragraph 7.4.1. Paragraph 7.4.1 shall be modified as follows: The initial term of this Agreement shall commence on May 18, 2022, and terminate on June 30, 2024. This Agreement may be extended upon mutual agreement of the parties. This Agreement may be renewed after the initial term in accordance with the term of the City of Charlotte Contract No. 2017001134, as amended, which said current term is effective from July 1, 2017, through June 30, 2024, with an option to renew for an additional two-year term with an expiration date of June 30, 2026, if exercised. Any renewal of this Agreement must be in writing and signed by both the COUNTY and CONTRACTOR. 6. Article VIII Insurance. Article VIII shall be modified by adding a new section 8.7 as follows: 8.7 In addition, the CONTRACTOR specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the COUNTY as additional insured. 1189 7. Paragraph 9.5. Paragraph 9.5 shall be modified by adding new section 9.5.2 as follows: 9.5.2 In addition to the restrictions in Paragraph 9.5.1, COUNTY may have received or purchased the PARK and ADDITIONAL PARKS premises with funds received from State or Federal grants. As a result, use and operation of the PARK is or may be subject to the provisions of certain restrictive covenants which shall be included in this Agreement as part of the contract documents, by reference and incorporated herein. This Agreement shall be subject to those restrictions, if any such provisions are applicable hereto. Should the any governmental entity determine that any portion of this Agreement is in conflict with any term or condition of the said restrictions or is in conflict with any relevant provision of federal or state law or administrative rule, then that determination will supersede any contrary_provision of this Agreement to the extent of the conflict. 8. Paragraph 9.7. Paragraph 9.7 of the Agreement is replaced entirely by the following: CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of five years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by COUNTY or the Monroe County Office of the Clerk of Court and Comptroller ( hereinafter referred to as County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in COUNTY's or the County Clerk' s reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as " Records") shall be open to inspection and subject to audit and/ or reproduction by COUNTY' s representative and/ or agents of the County Clerk. COUNTY or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractor' s representatives. Records shall be retained for a period of seven years from the termination of this agreement or for a period of five years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and 1190 activities relating to this Project. If an auditor employed by the COUNTY or County Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55. 03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. The right to audit provision survives the termination or expiration of this Agreement. 9. Paragraph 9.13. Paragraph 9.13 of the Agreement is replaced entirely by the following: 9.13 CLAIMS FOR FEDERAL OR STATE AID AND ADDITIONAL PROVISIONS The CONTRACTOR and the COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each parry prior to submission. Any conditions imposed as a result of funding that effect the Project will be provided to each parry. 9.13.1 DISADVANTAGED BUSINESS ENTERPRISE(DBE)POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing,qualified small and minority businesses and women's business enterprises on solicitation lists, 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources, 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 1191 4. Establishing delivery schedules, where the requirement Permits, which encourage Participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime CONTRACTOR, if subcontracts are to be let, to take the affirmative steps listed in paragraph(1)through(5) of this section. 9.13.3 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including but not limited to: 9.13.3.1 Contract Work Hours and Safety Standards Act(40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as suplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 0702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not aply to the purchases of suplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence._ Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damyges. In the event of any violation of the clause set forth in Paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in 1192 the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(1)through (4), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, Paragraphs (1)through (4) 9.13.3.2 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency_ 9.13.3.3 Clean Air Act(42 U.S.C. §7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q), as amended and the Federal Water Pollution Control 1193 Act as amended (33 U.S.C. §§1251-1387) and will report violations to Department of the Treasury/Federal Agency and the apropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amendedapplies to Contracts and subgrants of amounts in excess of $100,000. The CONTRACTOR agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by Department of the Treasury/Federal agency. The CONTRACTOR agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the Department of the Treasury/Federal A_ _gency and the appropriate EPA Regional Office. 9.13.3.4 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award under a "covered transaction" (see 2 CFR §180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., P. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. CONTRACTOR is required to verify that none of the CONTRACTOR's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, including that the award is subject to 2 C.F.R. Part 180 and the Department of the Treasury's implementing regulation at 31 C.F.R. Part 19. 9.13.3.5 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence 1194 an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 0352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If the award exceeds $100,000, the certification, attached hereto as Exhibit "D" and made a part hereof, must be signed and submitted by the Contractor to the County. 9.13.3.6 Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322. The CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recoveu Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000, procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired 1. Competitively within a timeframe providing for compliance with the contract performance schedule, 2. Meeting contract performance requirements, or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, hops://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-pro_rg am. The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 9.13.3.7 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain, (2) Extend or renew a contract to procure or obtain, or (3) Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications 1195 equipment Produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country 9.13.3.8 Domestic Preference for Procurements as set forth in 2 CFR §200.322. The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting _stage through hg the astage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer- based products such as polyvinyl chloride pipe, aggregates such as concrete, Mass, including optical fiber, and lumber. 9.13.3.9 Copeland "Anti-Kickback" Act (2 C.F.R. 200, Appendix II (D), 40 U.S.C. 0145). This section applies if the contract is in excess of$2,000 and pertains to construction or repair, and further, if required by Federal program legislation. CONTRACTOR shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as suplemented by Department of Labor regulations (29 C.F.R. Part 3), "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides in part that Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which it is otherwise entitled. The COUNTY shall report all suspected or reported violations to the Department of the Treasury. 1196 9.13.4 OTHER FEDERAL AND DEPARTMENT OF TREASURY REQUIREMENTS (REQUIREMENTS (AS APPLICABLE) 9.13.4.1 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.13.4.2 Access to Records. CONTRACTOR and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors/Contractors must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance, and (3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to suport the reports. 9.13.4.3 Changes to Contract. The CONTRACTOR understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and CONTRACTOR. 9.13.4.4 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that Department of the Treasury financial assistance will be used to fund the contract only. The CONTRACTOR agrees to comply with the requirements of Section 602 and Section 603 of the Social Security Act, regulations adopted by the Department of the Treasury_pursuant to Section 602(f) and Section 603(f) of the Act, and guidance issued by the Department of the Treasury regarding the foregoing. The CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the CONTRACTOR shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this award and 1197 subject to such exceptions as may be otherwise Provided by Treasures Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,1 pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 10 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. 9.13.4.5 No Obligation by Federal Government. The Federal Government is not a Party to this contract and is not subject to any obligations or liabilities to the County/non- Federal entity, contractor or any other party pertaining to any matter resulting from the contract. 9.13.4.6 Program Fraud and False or Fraudulent Statements or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) aplies to the CONTRACTOR's actions pertaining to this contract. 9.13.4.7 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- Verifyssystem to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.13.4.8 The CONTRACTOR will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury attached hereto as Exhibit"D" and made a part of this Agreement. 1198 9.13.4.9 The CONTRACTOR shall hold the United States and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. 9.13.4.10 Energy Efficiency. If applicable, the CONTRACTOR will comply with the Energy Policy and Conservation Act (P.L. 94-163, 42 U.S.C. §§6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 9.13.4.11 Conflicts of Interest. The CONTRACTOR understands and agrees it must maintain a conflict-of-interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest policy is applicable to each activity funded under the federal award as set forth in Exhibit D. The CONTRACTOR and subcontractors must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 9.13.4.12 Remedial Actions. In the event of the CONTRACTOR's noncompliance with Section 602 of the Act, other applicable laws, the Department of the Treasury's implementing regulations, guidance, or any reporting or other program requirements, the Department of the Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of Section 602(c) of the Social Security Act regarding the use of funds, previous payments shall be subject to recoupment as provided in Section 602(e) of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(III) of the Act, as applicable. 9.13.4.13 Hatch Act. The CONTRACTOR agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 9.13.4.14 Publications. Any publications produced with funds from the federal award as set forth in Exhibit D must display the following _lan age: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 9.13.4.15 Debts Owed to the Federal Government. a. Any funds paid to the CONTRACTOR (1) in excess of the amount to which the CONTRACTOR is finally determined to be authorized to retain under the terms of the federal award as set forth in Attachment B, (2) that are determined by the Department of the Treasury Office of Inspector General to have been misused, or 1199 (3) that are determined by the Department of the Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Social Security Act and have not been repaid by the CONTRACTOR shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by the CONTRACTOR. A debt is delinquent if it has not been paid by the date specified in the Department of the Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the CONTRACTOR knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Exhibit D. The Department of the Treasury will take any actions available to it to collect such a debt. 9.13.4.16 Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the CONTRACTOR or third persons for the actions of the CONTRACTOR or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Exhibit D or any other losses resulting in any way from the performance of services pursuant to any contract or subcontract under this award. b. The acceptance of these funds provided by the federal award as set forth in Exhibit D by the CONTRACTOR does not in any way establish an agency relationship between the United States and the CONTRACTOR. 9.13.4.17 Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, the CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress, ii. An Inspector General, iii. The Government Accountability Office, iv. A Treasury employee responsible for contract or grant oversight or management, v. An authorized official of the Department of Justice or other law enforcement agency, 1200 vi. A court or grand jury; or vii. A management official or other employee of the CONTRACTOR, or subcontractor, who has the responsibility to investigate, discover, or address misconduct. c. The CONTRACTOR shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 9.13.4.18 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the CONTRACTOR should adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 9.13.4.19 Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the CONTRACTOR should adopt and enforce policies that ban text messaging while driving for encourage its employees and , subrecipients, and subcontractors to adopt and enforce policies that ban text messaging while driving, and the CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. 9.13.4.20 Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the CONTRACTOR must report the names and total compensation of its five most highly compensated executives and the names and total compensation of the five most highly compensated executives of its subcontractors for the preceding completed fiscal year if: a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. 170.320, b) the CONTRACTOR received 80 percent or more of its gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as provided by 2 C.F.R. 170.320 (and subcontracts), c) the CONTRACTOR received $25,000,000.00 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. 170.320, and d) the public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the 1201 compensation information, see U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm. 10. Paragraph 9.16. Paragraph 9.16 shall be modified as follows: The parties agree that there will be no discrimination against any person, and it is expressly understood that, upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title —VII of the Civil Rights Act of 1964 ( PL 88- 352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended ( 20 USC §§ 1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended ( 20 USC § 794), which prohibits discrimination on the basis of 4a*dieaps disability; 4) The Age Discrimination Act of 1975, as amended ( 42 USC §§ 6101- 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 ( PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 ( PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 ( 42 USC §§ 690dd- 3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 ( 42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 ( 42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion national origin ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,I C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, U rg ading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to 1202 employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified aplicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or aplicant for employment because such employee or aplicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or aplicant. This provision shall not aply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,_ proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the CONTRACTOR'S commitments under this section and shall post copies of the notice in conspicuous places available to employees and aplicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONTRACTOR will include the portion of the sentence immediately preceding 1203 Paragraph (1) and the provisions of Paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBCONTRACTOR or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance, provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a SUBCONTRACTOR or vendor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et sec.,), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 11. No Further Modification. Except as set forth in this First Amendment, all the terms and provisions of the Original Agreement shall remain unmodified, in full force and effect, ratified and confirmed. In the event of a conflict between the Original Agreement and this First Amendment, this First Amendment shall control. Effective as of the date hereof, all references to the Agreement shall refer to the Original Agreement as amended. 12. Miscellaneous. This First Amendment shall be binding upon and inure to the benefit of the Parties, and their respective heirs, personal representatives, agents, successors, and assigns. No additions or modifications of any term or provision of this Second Amendment shall be effective unless set forth in writing, signed by the Parties. 13. Construction. This First Amendment has been carefully reviewed by each of the parties. Therefore, this First Amendment is not to be construed against any party on the basis of authorship. 14. Representation of Authority. Each individual executing this Agreement on behalf of a Party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such Parry and does so with full legal authority. 1204 15. Counterparts. This First Amendment may be executed in two or more counterparts each of which shall be an original but all of which shall constitute one instrument. An executed facsimile copy or e-mail delivery of a ".pdf' format data file shall be an acceptable form of acceptance of this First Amendment and shall be considered an original for all purposes. 16. Except as set forth in Paragraphs 1 through 10 of this First Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 1205 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year ve written. 23 BOARD OF COUNTY COMMISSIONERS Y V N MADOK, CLERK OF MONROE JN1- ,FLOR I D A By: As Deputy Clerk Mayor Date: May 17, 2023 APPROVED AS'TO FORM&LEGAL SUFFICIENCY Me unty Attorney's Offlee not,t haHa MeMes Archer Ass, ttanutctunty Attorney Witnesses for CONTRACTOR: CONTRACTOR: PlayCore Wisconsin, Inc. d/b/a GameTime i a Si:g]n:ature of peUrson authorized to legally in the Corporation Date- 05!09/2023 Date: 05/09/2023 Gina Wilson Print Name Address: 150 Playcore Drive SE Port Payne,AL 35968 05/0912023 407-331.0101 Date Telephone Number MI < 71' 1206 Exhibit A (Composite) 1207 Exhibit A-1 1208 mmmm GameTime 04/29/2022 01593meTirme- c/o Dominica Recreation Products, Inc. Quote# P.O. Box 520700 103390-01-03 Longwood, FL 32752-0700 CORDmµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.ca ini Key Largo Community Park - Revision 2 Monroe County Ship to Zip 33037 Attn:John Allen 500 Saint Croix Place Key Largo, FL 33037 Phone:786-847-3358 allen-john@monroecounty-fl.gov Imuui I IIN l it ml ill uul ill it it lull i l uu�uu ilnl@i l�l�uluul uuu u�i l .................. count''to alrl7r'aut:anal&r'our :1la llr ade u rarrra',� to rr.rnr°ar'e all r rrrrenl Pv�ar;,po'" unal r ga fiomenl& hx)ter a count''to do prh'ate lrar ate a of underground rrl hth:Ns u1,wr.a and reroute rl near:.m,mary count as arrlrpnr�' r AIDA err a a. a to l lal"gvounal au:s ne a.m,mary r ount�,to moi e r::h' n fink„'late a Pear err a e m.a Prar r raraalrrrr Irrara raqrrrl m nl. Count,,to ralnntr4 root zone hn rnvrh Current 3 �a 30'f6brrr shade to rr rn M lurlrra r r.arrenl 92".re 10'urlrr°ar°d mlar.11ers to rrarn&n l i:a not rnr:lrralnal in „rrrr e, un l l l u rrrrr.ra .r r. ~��rra�"^ d ra rraalrarsraa rar Ircrrnr rrar;,l. ra Irrm,arr v vlrrma:I.m , rrra a., hI'r°/,,nrrr. I rllrral,l area f6f raalr.aomen mu:st be pnn ra e .I oa/,,ner. 405 Curb GT-Impax-Concrete Curb(In.ft.)6"x 6"- $31.50 $12,757.50 4"Wide-Not Reinforced 1 RDU GameTime-All Playground Equipment Shown on topview $154,430.00 $154,430.00 2 Sealed 5-Star Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings $1,025.00 $2,050.00 1 INSTALL 5-Star Plus-Five Star Plus Playground Installation Services- $47,865.00 $47,865.00 Performed by a Certified Installer, includes meeting and unloading delivery truck,signed completion forms, site walkthrough, 90 day site revisit by installation foreman, and 3-Year Labor Warranty! 8500 Crush GT-Impax-Crushed&Compacted Stone Sub-Base(sq.ft.)- $3.75 $31,875.00 Warranty to match Surfacing Warranty(5-years).Installed per specification of Unitary Surfacing requirements. 8500 Poured- GT-Impax-Poured Rubber Surfacing-8'fall height- $18.87 $160,395.00 8 50%Standard Color-Aromatic Binder-3.5"Thick with 112"EPDM wear course cap-5-year warranty turn down edge @ sand area Includes 6 large 100%color leaves, duck footprints and frog prints 1 Permits 5-Star Plus-Building Permits- $2,500.00 $2,500.00 Estimated Costs of Permits plus Time.If actual permit fees are significantly higher or lower,final invoice will be adjusted accordingly.Includes two visits to the permit office, if additional time spent acquiring permits, final invoice to be adjusted. Site Plans are to be provided by the owner for the permit application. OM NIA Page 1 of 3 1209 mm GameTime 04/29/2022 c/o Dominica Recreation Products, Inc. Quote#01593meTirme- P.O. Box 520700 103390-01-03 Longwood, FL 32752-0700 CORDaµnd�„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirlllp.coini Key Largo Community Park - Revision 2 Sub Total $411,872.50 Discount ($50,019.51) Material Surcharge $21,854.77 Freight $15,765.95 Comments Site access for construction equipment and staging area must be provided by owner. This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@gametime.com All pricing in accordance with Omnia Partners 1 U.S.Communities Contract#2017001134. All terms in the Omnia Partners/U.S. Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S. Communities contract please visit Omnia Partners Public Sector GameTime Permits are not included in cost,unless specifically listed in pricing. If permits are required Signed/Sealed drawings are needed and are also not included unless specifically listed in pricing.Any costs for muncipal permits, paid by installer,will be charged back to the owner.Adding permits to any job will increase the length of completion,expect total time to be about 150 days,after receipt of Site Plan from owner/customer(this is not due to manufacturing but rather the permit process at the muncipality level). It is expected that the owner will provide approved site plans of the area for the permit office,and will help and assist in the securing of all required approvals before assembly of equipment can begin. Installer cannot provide site plans. The permit process can not begin until appropriate and current site plans are provided by owner. If there are no current surveys or site plans available,the owner may be required to obtain a new survey for the permit. This is the responsibility of the owner to obtain. If additional permitting requirements are needed during the process,those will be added and billed accordingly, i.e.soil density test,formed footers, etc. Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 60 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing; borders;drainage;signed/sealed drawings;or permits. Installation Terms: Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore, GameTime,nor Dominica Recreation Products. If playground equipment,installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps, rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. i, III► Page 2 of 3 1210 mm GameTime 04/29/2022 c/o Dominica Recreation Products, Inc. Quote#01593meTirme- P.O. Box 520700 103390-01-03 Longwood, FL 32752-0700 Or nd�„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Key Largo Community Park - Revision 2 Unitary Surfacing Notes:The installer of the Unitary Surfacing(Poured, Bonded,Turf,Tiles)is not the same installer of the playground equipment. However,your certified equipment installer will coordinate the timing of the unitary surfacing installation, but more than likely they will not be on-site at the time.They will continue to be your contact should you have any questions.Security is needed to protect surfacing at night or after installation as the product set. Normally it is not needed or a concern, however in some areas additional security is needed to prevent vandalism.Security is not included. Vandalism will be the responsible of the owner. ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City,State,Zip: Tel: Fax: Tel: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $399,473.71 0,MNIA Page 3 of 3 1211 � ............... � GameTime 06/14/2022 ..Jc/o Dominica Recreation Products, Inc. Quote# P.O. Box 520700 103390-02-02 Longwood, FL 32752-0700 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ili'mlllayd urlllm.coom Key Largo Community Park - Swing Shade Monroe County Ship to Zip 33037 Attn:John Allen 500 Saint Croix Place Key Largo, FL 33037 Phone:786-847-3358 allen-john@monroecounty-fl.gov VIIIIIIIII�I III IIII °u'' ulll III I�I IIIIII III IIII III IIII II n@I I�I�IIIIIII IIIIII III 1 RH261613 GT-Shade-Rectangle Hip Shade 26'x 16'x 13'entry- $7,645.00 $7,645.00 Shade for 5-12 swing area 1 Sealed 5-Star Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings $1,025.00 $1,025.00 1 INSTALL 5-Star Plus-Freestanding Shade Installation-Shade Framing- $5,650.00 $5,650.00 Shade Structure installation-Performed by a Certified Installer, includes meeting and unloading delivery truck and signed completion forms. 4 SF2 5-Star Plus-Shade Footer Size 2(each)-Medium $390.00 $1,560.00 1 Crane 5-Star Plus-Lull Forklift(Crane)-For Shade Installation- $1,400.00 $1,400.00 Per Day Rental-Owner to provide access to site for lull, installer not responsible for damage to grass,sod,sidewalk or anything on accessible route to site. 1 RH181413 GT-Shade-Rectangle Hip Shade 18'x 14'x 13'entry- $4,675.00 $4,675.00 Shade for Tree Swing Area 1 Sealed 5-Star Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings $1,025.00 $1,025.00 1 INSTALL 5-Star Plus-Freestanding Shade Installation-Shade Framing- $3,495.00 $3,495.00 Shade Structure installation-Performed by a Certified Installer, includes meeting and unloading delivery truck and signed completion forms. 4 SF2 5-Star Plus-Shade Footer Size 2(each)-Medium $390.00 $1,560.00 Sub Total $28,035.00 Discount ($369.60) Material Surcharge $1,548.82 Freight $1,949.80 This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@gametime.com All pricing in accordance with Omnia Partners 1 U.S.Communities Contract#2017001134. All terms in the Omnia Partners/U.S. Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S. Communities contract please visit Omnia Partners Public Sector GameTime Permits are not included in cost,unless specifically listed in pricing. If permits are required Signed/Sealed drawings are needed and are also not included unless specifically listed in pricing.Any costs for muncipal permits, paid by installer,will be charged back to the owner.Adding permits to any job will increase the length of completion,expect total time to be about 150 days,after receipt of Site Plan from owner/customer(this is not due to manufacturing but rather the permit process at the muncipality level). It is expected that the owner will provide approved site plans of the area for the permit office,and will help and assist in the securing of all required approvals before assembly of equipment can begin. Installer cannot provide site plans. The permit process can not begin until appropriate and current site plans are provided by owner. If there are no current surveys or site plans available,the owner may be required to obtain a new survey for the permit. This is the responsibility of the owner to obtain. If additional permitting requirements are needed during the process,those will be added and billed accordingly, i.e.soil density test,formed footers, etc. Page 1 of 3 1212 � ............... � GameTime 06/14/2022 ..Jc/o Dominica Recreation Products, Inc. Quote# P.O. Box 520700 103390-02-02 Longwood, FL 32752-0700 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilimlllaydirlllm.coim Key Largo Community Park - Swing Shade Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 60 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing; borders;drainage;signed/sealed drawings;or permits. Installation Terms: Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore, GameTime,nor Dominica Recreation Products. If playground equipment, installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps, rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or perjob directly by the installer for any additional costs that were not previously included. SHADE TERMS: • Winds greater than 90 mph, require the removal of the shade fabric to prevent damage. • Quote does not include any provisions for lighting protection. • Lead time for Shade is about 6 weeks AFTER approval of permits(if required). • Installer not responsible for site conditions. For Large Shades holes may be upwards of 8'deep or wide, if additional drilling or digging is needed due to rock,coral, utilities,or other unknown items;additional charges may be applied to order. • Standard installation requires access for large machinery, possibly including a crane,and a staging area. Installer not responsible for sod damage or sidewalk repair on access path and staging area,unless otherwise noted. • Standard installation is for earth formed footers. Soil testing is not included. ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City, State,Zip: TeI: Fax: TeI: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Page 2of3 1213 � ............... � GameTime 06/14/2022 ..jc/o Dominica Recreation Products, Inc. Quote# P.O. Box 520700 103390-02-02 Longwood, FL 32752-0700 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilimlllaydirlllm.coim Key Largo Community Park - Swing Shade Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $31,164.02 � Page 3 of 3 1214 � ............... � GameTime 06/27/2022 ..Jc/o Dominica Recreation Products, Inc. Quote# P.O. Box 520700 103390-03-01 Longwood, FL 32752-0700 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ili'mlllayd irlllm.coom Key Largo Community Park - Swing Bay Change Monroe County Ship to Zip 33037 Attn:John Allen 500 Saint Croix Place Key Largo, FL 33037 Phone:786-847-3358 allen-john@monroecounty-fl.gov ICI �� ili :, i •^ IIU c.•m "mi w i mc. a w i luuui ul ul ill luu ill l ilhl u�il lul ul ilnl@i l�l�uluul uuu u�i l 1 CO GameTime-Add in Single Bay PT Swing with one Tot Seat- $1,087.15 $1,087.15 Delete overhead ladder. Expand PIP&Sub base Sub Total $1,087.15 1111 Comments County to rernove trees as needed. This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@g.ametime.com Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 60 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing; borders;drainage;signed/sealed drawings;or permits. Installation Terms: Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore, GameTime,nor Dominica Recreation Products. If playground equipment, installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps, rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. OM NIA fW •tl4'N 9', W'4p 4' Page 1 of 2 C 1215 � ............... � GameTime 06/27/2022 ..jc/o Dominica Recreation Products, Inc. Quote# P.O. Box 520700 103390-03-01 Longwood, FL 32752-0700 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilimlllaydirlllm.coim Key Largo Community Park - Swing Bay Change ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City, State,Zip: Tel: Fax: Tel: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $1,087.15 MI IA Page 2 of 2 1216 mm GameTime 12/02/2022 c/o Dominica Recreation Products, Inc. Quote#01593meTirme- P.O. Box 520700 104556-01-01 Longwood, FL 32752-0700 CORDaµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.ca ini Key Largo Community Park - Site Work Change Order Monroe County Ship to Zip 33037 Attn:Tom Henry 500 Saint Croix Place Key Largo, FL 33037 Henry-Thomas@monroecounty-fl.gov IIIIIIIIII�I III IIII I m uu' m' oN I II IIII III IIIIII III IIII I III IIII II In@I I�I�IIIIIII IIIIII III I count''to do pr�h,ate hx ale m of underground ul hth:Ns/ u1,,we m and reroute rl ne:.�::e msary count as asrppr' r ADX ar a a. 7 to l laf"gv'uaund au:s nea a.m,mary Count ,to moi e r::hwan fink„'late a fear err a e ms f6f r rar77lrrrr Irrar7 raqrror ent Count,,to kfpnt7 4,root zone hn rr:ur Current 3 �a 30'f6brrr 717adp to re:Mair7 Tnrra r urgent li"' to rrarnaii7 l sm not rm7:Irrdpd in „7rrr e, un l u rrrrrar7 ,:7r r. ��ra7�'' rrra a.f r" f ,f f „,I. ra .rm,arrlvlvrrrma: �, ¢.rr.a rarsr.a rar „7�rrnr ra7r . o°/,,n r. t rllrm7 an:a 6f r;rar7 a rsrra�arar7 r.afs.rif:rmen a°u m e prrar ra e ,f oa/,, er. 1 Permits 5-Star Plus-Building Permits—Additional Permit Cost $5,700.00 $5,700.00 8600 Digout 5-Star Plus-Digout/Sitework of area(per sq.ft.)- $1.40 $12,040.00 Spoils to be left on site 8600 Spoils 5-Star Plus-Removal/Relocate from Site the Spoils from Digout $0.45 $3,870.00 1 INSTALL 5-Star Plus-Removal of Existing Playground Equipment- $3,100.00 $3,100.00 Includes disposal 125 Curb GT-Impax-Concrete Curb(In.ft.)- $33.00 $4,125.00 4"Wide-Not Reinforced Sub Total $28,835.00 This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@gametime.com Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 60 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing; borders;drainage;signed/sealed drawings;or permits. Page 1 of 2 1217 mm GameTime 12/02/2022 c/o Dominica Recreation Products, Inc. Quote#01593meTirme- P.O. Box 520700 104556-01-01 Longwood, FL 32752-0700 COraµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Key Largo Community Park - Site Work Change Order ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City,State,Zip: Tel: Fax: Tel: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $28,835.00 Page 2 of 2 1218 Exhibit A-2 1219 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104321-01-06 Longwood, FL 32752-0700 CORDaµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.IIplllayrlurlllr.coini Friendship Park - PIP Surfacing (Revised) BOCC Monroe County Ship to Zip 33037 Attn:Suzi Rubio 500 Saint Croix Place Key Largo, FL 33037 Phone:305-453-8788 Rubio-Suzanne@MonroeCounty-FL.gov IIIIIIIIIII m uu ulll I I III I�I IIIIII I IIIII II llu I I IIIIIII II IIIII III I IIIII III I II I III uu '�� of hu Siita access For construction eq uillpirneM and s aging airaa rna.us Ibe 1piro aided by owneir C use oirnar o open Cl..11: For s iita access. ::"1111::"airaa reduced C use oirnair responsible For scd as ineeded ::"1111::"surfacing fiiniisll"ed girade to Ibe se by IhelglNs of the existing 1pllaygr4:na.und eq uii1l irneM AIDA access by owner. 1 INSTALL 5-Star Plus-Removal of Existing spring rider concrete footer- $350.00 $350.00 Includes disposal approx 1 manhour @$71.45=$71.45, dumpster rental/disposal fees$278.55 4116 Digout GT-Impax-Digout/Sitework of area(per sq.ft.)- $1.40 $5,762.40 Does not include removal of spoils pages 281 Playground Leveling& Grading Services$1.40 sf 1 Spoils GT-Impax-Removal/Disposal from Site the Spoils from Digout(per sq.ft.)- $7,203.00 $7,203.00 Removal and disposal of spoils;28 manhours @$71.45=$2,000.60;equipment rental and dumpster rental with disposal$5,202.40 259 Curb GT-Impax-Concrete Curb(In.ft.)- $38.54 $9,981.86 4"Wide-Not Reinforced 4116 Crush GT-Impax-Crushed &Compacted Stone Sub-Base(sq.ft.)- $5.86 14.68 $5.00 $20,580.00 Installed per specification of Unitary Surfacing requirements. 4116 Poured- GT-Impax-Poured Rubber Surfacing-8'fall height- $27.93 9.99 $25.14 $103,476.24 8 50%Standard Color-Aromatic Binder-3.5"Thick with 112"EPDM wear course cap-5-year warranty 63 Concrete 5-Star Plus-3—3'x 7'concrete pads for benches(21 sf each) $10.75 $677.25 Sub Total $148,030.75 Comments QUOTE COMPLIES WITH FEDERAL LANGUAGE REQUIRED PER MONROE COUNTY. This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@gametime.com All pricing in accordance with Omnia Partners 1 U.S.Communities Contract#2017001134. All terms in the Omnia Partners/U.S. Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S. Communities contract please visit Omnia Partners Public Sector GameTime ►, III► Page 1 of 2 1 220 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104321-01-06 Longwood, FL 32752-0700 Or nd�„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Friendship Park - PIP Surfacing (Revised) Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing; borders;drainage;signed/sealed drawings;or permits. Installation Terms: Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore, GameTime,nor Dominica Recreation Products. If playground equipment,installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps, rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. Unitary Surfacing Notes:The installer of the Unitary Surfacing(Poured, Bonded,Turf,Tiles)is not the same installer of the playground equipment. However,your certified equipment installer will coordinate the timing of the unitary surfacing installation, but more than likely they will not be on-site at the time.They will continue to be your contact should you have any questions.Security is needed to protect surfacing at night or after installation as the product set. Normally it is not needed or a concern, however in some areas additional security is needed to prevent vandalism.Security is not included. Vandalism will be the responsible of the owner. ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City,State,Zip: TeI: Fax: TeI: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $148,030.75 'MI I Page 2 of 2 1221 Exhibit A-3 1222 mmmm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104526-01-04 Longwood, FL 32752-0700 CORDaµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Key Largo - Outdoor Fitness Option 3 BOCC Monroe County Ship to Zip 33037 Attn:Suzi Rubio 1100 Simonton Street Key West, FL 33040 Phone:305-453-8788 Rubio-Suzanne@MonroeCounty-FL.gov IIIIIIIIII m uu dlll I��IIIIIII III IIIII IIIII II IIIh IIIIII IIIII III II IIII III II III uu �� of h� 1 INSTALL 5-Star Plus-Removal of Existing Fitness Equipment- $1,200.00 $1,200.00 Includes disposal *Station 1 "Station 4 approx 6 manhours @$71.45=$428.70 plus disposal/dumpster rental $771.30 1 INSTALL 5-Star Plus-Demo of existing Asphalt- $2,800.00 $2,800.00 includes disposal •Station 1-22 x 9 (approx 198 sf) •Station 4-12 x 26(approx 312 sf) •Station 5-23 x 16(approx 368 sf) approx 12 manhours @$71.45=$854.40 plus equipment rental;dumpster rental for disposal$1942.60 1 135591 GameTime-Leg Press(Single)- $5,910.00 16.00 $4,964.40 $4,964.40 Station 9 (Accent: 7[Basic: 1 1 135621 GameTime-Cardio Walker(In Ground)- $5,910.00 16.00 $4,964.40 $4,964.40 Station 9 (Accent: 7[Basic: 1 1 149251 GameTime-Accessible Hand Cycle(In-Ground)- $6,812.00 9.00 $6,198.92 $6,198.92 Station 4 Installation on existing apshalt pad (Basic: 1 1 14912 GameTime-Thrive 450- $30,235.00 16.00 $25,397.40 $25,397.40 new area (Accent. 7[Basic: 1[Basic 2: 1 23 4850 GameTime-8"Playcurb Pkg $81.00 16.00 $68.04 $1,564.92 1 4854 GameTime-Accessible Playcurb $550.00 16.00 $462.00 $462.00 19 4850 GameTime-8"Playcurb Pkg- $81.00 16.00 $68.04 $1,292.76 station 5 1 4854 GameTime-Accessible Playcurb- $550.00 16.00 $462.00 $462.00 station 5 1 Sealed 5-Star Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings $1,250.00 $1,250.00 1 INSTALL 5-Star Plus-Five Star Plus Playground Installation Services- $21,275.00 $21,275.00 Performed by a Certified Installer, includes meeting and unloading delivery truck, signed completion forms, site walkthrough, 90 day site revisit by installation foreman, and 3-Year Labor Warranty.! i, III► Page 1 of 4 U ", 1223 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104526-01-04 Longwood, FL 32752-0700 CORDmµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllayrlirlllp.aoini Key Largo - Outdoor Fitness Option 3 IIII I I:: •v o o •v .. • �i i IIU-.�•m� m i w i IIU mil m i m 35 EWF-8 GT-Impax-Engineered Wood Fiber-8"Compacted Depth- $54.78 27.89 $39.50 $1,382.50 ADA Compliant-IPEMA Certified-ASTM F1292&F1951 Compliant "Station 5-368 sf @ 8" "Thrive Area-550 sf @ 8" 1 INSTALL 5-Star Plus-Spreading of Wood Fiber- $660.96 $660.96 Wood Fiber will be delivered by large truck and dumped in staging area. Installer will use bob-cat or similar to move wood fiber into site, one load at time. Installer not responsible for sod or sidewalks from staging area to job site. 918 sf @$.72=$660.96 1 INSTALL 5-Star Plus-Building Permits- $5,000.00 $5,000.00 Estimated Costs of Permits plus Time.If actual permit fees are significantly higher or lower, final invoice will be adjusted accordingly. If additional time spent acquiring permits, due to lack of information from owner,final invoice to be adjusted. Survey&Siteplan are to be provided by the owner for the permit application. Correct legal address will be required. 885 Poured- GT-Impax-Poured Rubber Surfacing-varying fall heights- $40.90 $36,196.50 6 50% Standard Color-Aromatic Binder-3"Thick with 112"EPDM wear course cap-5-year warranty Installation over existing asphalt ""Beveled Edge to grass Per Customer, concrete curb is recommended for life of PIP Station 2- 135 sf @ 4'CFH (existing finished grade may need to be addressed) Station 9-420 sf @ 4'CFH Station 10-330 sf @ 8'CFH (existing finished grade may need to be addressed) 50%standard color Sub Total $115,071.76 Freight $7,156.08 Comments d i ,i Customer n.r m l l:„ m a a u:m,m r :'arr m r r r arr¢.a rr„rn.rr w ray: , rral;,l area. Ql 10TE DD&IFt IES N,11TH FEDER,41 1.AArGl 1AGE REQl 11REDFER &10A+ROE DD1.WTY This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@gametime.com All pricing in accordance with Omnia Partners 1 U.S.Communities Contract#2017001134. All terms in the Omnia Partners/U.S. Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S. Communities contract please visit Omnia Partners Public Sector GameTime i, III► Page 2 of 4 1 224 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104526-01-04 Longwood, FL 32752-0700 CORDaµnd�„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Key Largo - Outdoor Fitness Option 3 Permits are not included in cost,unless specifically listed in pricing. If permits are required Signed/Sealed drawings are needed and are also not included unless specifically listed in pricing.Any costs for muncipal permits, paid by installer,will be charged back to the owner.Adding permits to any job will increase the length of completion,expect total time to be about 150 days,after receipt of Site Plan from owner/customer(this is not due to manufacturing but rather the permit process at the muncipality level). It is expected that the owner will provide approved site plans of the area for the permit office,and will help and assist in the securing of all required approvals before assembly of equipment can begin. Installer cannot provide site plans. The permit process can not begin until appropriate and current site plans are provided by owner. If there are no current surveys or site plans available,the owner may be required to obtain a new survey for the permit. This is the responsibility of the owner to obtain. If additional permitting requirements are needed during the process,those will be added and billed accordingly, i.e.soil density test,formed footers, etc. Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing; borders;drainage;signed/sealed drawings;or permits. Installation Terms: Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore, GameTime,nor Dominica Recreation Products. If playground equipment,installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps, rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. Unitary Surfacing Notes:The installer of the Unitary Surfacing(Poured, Bonded,Turf,Tiles)is not the same installer of the playground equipment. However,your certified equipment installer will coordinate the timing of the unitary surfacing installation, but more than likely they will not be on-site at the time.They will continue to be your contact should you have any questions.Security is needed to protect surfacing at night or after installation as the product set. Normally it is not needed or a concern, however in some areas additional security is needed to prevent vandalism.Security is not included. Vandalism will be the responsible of the owner. ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City,State,Zip: TeI: Fax: TeI: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) i, III► Page 3 of 4 1 225 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104526-01-04 Longwood, FL 32752-0700 Or nd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfpllla7dirllp.coini Key Largo - Outdoor Fitness Option 3 Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $122,227.84 0,MNIA Page 4 of 4 1 226 Exhibit A-4 1227 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104395-01-07 Longwood, FL 32752-0700 CORDaµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.IIIpIIlaydurllp.coini Old Settler's Park Revision 4 BOCC Monroe County Ship to Zip 33070 Attn:Suzi Rubio 1100 Simonton Street Key West, FL 33040 Phone:305-453-8788 Rubio-Suzanne@MonroeCounty-FL.gov IIIIIIIIIII m Iola dlllll I IIIII I�I IIIIIIIIIIII II Illlu I I IIIIIII IIIIII III II IIIII IIIIIII I�Iluu �� of hn By(M!Ineiir :,'enmwall i IIree I in )ts Ili x allle l iiuu Il llaygin u.nu`°u�i area l uee II riiurrnurfnuu lig as a ue e 1&1 Site&d ess k)r a:;d:)uiuslluund�r`li)ii u enpnlilljpurrnu cull aiiu 1 stagiuu^i area urtnu.n3t III::, l un:v!+ e�l by�:wii ueir 11 annuuu will s�te 1pllaun k)r 1peirurrnlittuuiig 1 INSTALL 5-Star Plus-Removal of Existing Playground Equipment- $2,500.00 $2,500.00 Includes disposal approx 14 manhours @$71.45=$1,000.30,equipment rental&dumpster rental/disposal $1,499.70 2460 Digout GT-Impax-Digout/Sitework of area(per sq.ft.)- $1.40 $3,444.00 Does not include removal of spoils pages 281 Playground Leveling& Grading Services$1.40 sf 1 Spoils GT-Impax-Removal/Disposal from Site the Spoils from Digout(per sq.ft.)- $4,284.60 $4,284.60 Removal and disposal of spoils; 16 manhours @$71.45=$1,143.20; equipment rental and dumpster rental with disposal$3,141.40. 75 Sidewalk GT-Impax-Concrete Sidewalk- $10.50 $787.50 Access sidewalk 15'x 5' 1 P831 GameTime-T-Swing(Painted),3 1/2"Od $1,563.00 3.00 $1,516.11 $1,516.11 Passion Fruit-[Basic:(OR) Orange] 1 SS8696 GameTime-End Tot Seat 3 1/2"/8'High W/Clevis $492.00 16.00 $413.28 $413.28 1 SS8910 GameTime-Belt Seat 3 1/2"/8'W/Clevis $413.00 16.00 $346.92 $346.92 1 11928 GameTime-PrimeTime Sutherlin $35,862.00 35.00 $23,310.00 $23,310.00 Custom-[Accent:(SG) Spring Green][Basic:(OR)Orange][Deck:Pvc: (BR)Brown][Roof.-(92) Yellow][Roto Plastic:(92) Yellow][Tube:(92) Yellow] [Uni Plastic:(DG)Deep Granite] 46 4862 GameTime-12" Playground Border- $79.00 16.00 $66.36 $3,052.56 to be installed along existing fence. NOTE: may not match perfectly to fence line. borders are 4'long 1 Sealed 5-Star Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings $1,250.00 $1,250.00 1 INSTALL 5-Star Plus-Five Star Plus Playground Installation Services- $16,075.00 $16,075.00 Performed by a Certified Installer, includes meeting and unloading delivery truck, signed completion forms, site walkthrough, 90 day site revisit by installation foreman, and 3-Year Labor Warranty.! i, III► Page 1 of 3 ..- , 1 228 mm GameTime 05/09/2023 Tirm � c/o Dominica Recreation Products, Inc. Quote# 1015ameeP.O. Box 520700 104395-01-07 Longwood, FL 32752-0700 CORDmµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllayrlirlllp.coini Old Settler's Park - Revision 4 � 1 Permits 5-Star Plus-Building Permits- $3,300.00 $3,300.00 Estimated Costs of Permits plus Time.If actual permit fees are significantly higher or lower,final invoice will be adjusted accordingly. If additional time spent acquiring permits, due to lack of information from owner, final invoice to be adjusted. Survey&Siteplan are to be provided by the owner for the permit application. Correct legal address will be required. 90 EWF-8 GT-Impax-Engineered Wood Fiber-8"Compacted Depth- $48.10 18.00 $39.44 $3,549.60 -ADA Compliant-IPEMA Certified-ASTM F1292&F1951 Compliant approx 2,460 sf @ 8"compacted depth 1 INSTALL 5-Star Plus-Spreading of Wood Fiber- $1,697.40 $1,697.40 Wood Fiber will be delivered by large truck and dumped in staging area. Installer will use bob-cat or similar to move wood fiber into site, one load at time. Installer not responsible for sod or sidewalks from staging area to job site. 2,460 sf @$.69 sf=$1697.40 Sub Total $65,526.97 Freight $6,854.47 Comments QUOTE COMPLIES WITH FEDERAL LANGUAGE REQUIRED PER MONROE COUNTY This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@gametime.com All pricing in accordance with Omnia Partners 1 U.S.Communities Contract#2017001134. All terms in the Omnia Partners/U.S. Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S. Communities contract please visit Omnia Partners Public Sector GameTime Permits are not included in cost,unless specifically listed in pricing. If permits are required Signed/Sealed drawings are needed and are also not included unless specifically listed in pricing.Any costs for muncipal permits, paid by installer,will be charged back to the owner.Adding permits to any job will increase the length of completion,expect total time to be about 150 days,after receipt of Site Plan from owner/customer(this is not due to manufacturing but rather the permit process at the muncipality level). It is expected that the owner will provide approved site plans of the area for the permit office,and will help and assist in the securing of all required approvals before assembly of equipment can begin. Installer cannot provide site plans. The permit process can not begin until appropriate and current site plans are provided by owner. If there are no current surveys or site plans available,the owner may be required to obtain a new survey for the permit. This is the responsibility of the owner to obtain. If additional permitting requirements are needed during the process,those will be added and billed accordingly, i.e.soil density test,formed footers, etc. i, III► Page 2 of 3 1 229 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104395-01-07 Longwood, FL 32752-0700 Or nd�„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Old Settler's Park - Revision 4 Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing; borders;drainage;signed/sealed drawings;or permits. Installation Terms: Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore, GameTime,nor Dominica Recreation Products. If playground equipment,installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps, rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City,State,Zip: TeI: Fax: TeI: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $72,381.44 'MI I Page 3 of 3 1 230 Exhibit A-5 1231 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104998-01-03 Longwood, FL 32752-0700 CORDaµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.IIIpIIlaydurllp.coini Blue Heron Park Playground & Outdoor Fitness (Revised) BOCC Monroe County Ship to Zip 33040 Attn:Suzi Rubio 1100 Simonton Street Key West, FL 33040 Phone:305-453-8788 Rubio-Suzanne@MonroeCounty-FL.gov llllllllm i ii m1 By Owner 1�:,'ertndwall aA liree,Ihju.n.3ll ui s J inax)ts n�x'alleu l uu a llDllayginx uu ua1 area 11re IIriiurrnurrnuuu!„1 as a°u„ems 1&1 Site w d e ss k) �d:ruuslluun tii:ruu e lunullourrneuull aiiu 1 stagiuug area uimn,3t IIx lloun:r l� le!l by�:rWii a„ou'. 11 �:ru rr cull site llpllaiiii k)r llx u'nniittiiu`°iig 1 INSTALL 5-Star Plus-Removal of Existing Playground Equipment- $3,425.00 $3,425.00 Includes disposal approx 22 manhours @$1,571.90 plus equipment rental and dumpster rental /disposal$ 1,853.10 Fitness Area 1 13573 GameTime-Log Hop Station $1,805.00 22.00 $1,407.90 $1,407.90 (Basic: 7 2 13565 GameTime-Fitness Sign Post For Sticker $293.00 22.00 $228.54 $457.08 (Basic: 1 135891 GameTime-Push Up Hi/Lo In ground $2,462.00 22.00 $1,920.36 $1,920.36 (Accent: 1(Basic: 7 1 15504 GameTime-Parallel Bar(Accessible) $1,997.00 22.00 $1,557.66 $1,557.66 (Basic: 7 1 14911 GameTime-Thrive 250 $14,856.00 16.00 $12,479.04 $12,479.04 (Accent: 1(Basic: 1[Basic 2: 7 31 4850 GameTime-8"Playcurb Pkg $81.00 16.00 $68.04 $2,109.24 1 4854 GameTime-Accessible Playcurb $550.00 16.00 $462.00 $462.00 1 Sealed 5-Star Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings $1,250.00 $1,250.00 ""Playground Area"" 46 4850 GameTime-8"Playcurb Pkg $81.00 16.00 $68.04 $3,129.84 1 4854 GameTime-Accessible Playcurb $550.00 16.00 $462.00 $462.00 1 11928 GameTime-PrimeTime Sutherlin $35,862.00 35.00 $23,310.00 $23,310.00 (Accent: )(Basic: )(Deck:Pvc: (Roof.- 1(Roto Plastic: 1[Tube: 1(Uni Plastic: 7 1 P831 GameTime-T-Swing(Painted),3 1/2"Od $1,563.00 3.00 $1,516.11 $1,516.11 (Basic: 1 SS8696 GameTime-End Tot Seat 3 1/2"/8'High W/Clevis $492.00 16.00 $413.28 $413.28 1 SS8910 GameTime-Belt Seat 3 1/2"/8'W/Clevis $413.00 16.00 $346.92 $346.92 i, III► Page 1 of 3 ..-".,1 232 mm GameTime 05/09/2023 Tirm � c/o Dominica Recreation Products, Inc. Quote# 1015ameeP.O. Box 520700 104998-01-03 Longwood, FL 32752-0700 CORDaµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllayrlirlllp.coini Blue Heron Park Playground & Outdoor Fitness (Revised) �i i IIU m i IIU m� nm �,c.m "' i m 1 Sealed 5-Star Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings $1,250.00 $1,250.00 1 INSTALL 5-Star Plus-Five Star Plus Playground Installation Services- $25,475.00 $25,475.00 Performed by a Certified Installer, includes meeting and unloading delivery truck,signed completion forms, site walkthrough, 90 day site revisit by installation foreman, and 3-Year Labor Warranty.! 180 Sidewalk 5-Star Plus-Concrete Pad or Path-Standard per sq.ft.- $10.80 $1,944.00 5'x 20' &5'x 16'Sidewalks 120 EWF-8 GT-Impax-Engineered Wood Fiber-8"Compacted Depth- $48.60 18.00 $39.85 $4,782.00 -ADA Compliant-IPEMA Certified-ASTM F1292&F1951 Compliant Fitness Area approx 875 sf @ 8'compacted depth Playground Area approx 2,460 sf @ 8"compacted depth 1 INSTALL GT-Impax-Spreading of Wood Fiber- $2,327.40 $2,327.40 Wood Fiber will be delivered by large truck and dumped in staging area. Installer will use bob-cat or similar to move wood fiber into site, one load at time. Installer not responsible for sod or sidewalks from staging area to job site. 875 sf @.72=$630.00 2,460 sf @.69=$1,697.40 1 Permits 5-Star Plus-Building Permits- $5,400.00 $5,400.00 Estimated Costs of Permits plus Time.If actual permit fees are significantly higher or lower, final invoice will be adjusted accordingly. If additional time spent acquiring permits, due to lack of information from owner,final invoice to be adjusted. Survey&Siteplan are to be provided by the owner for the permit application. Correct legal address will be required. Sub Total $95,424.83 Freight $11,477.58 "v �v a.� . Comments QUOTE COMPLIES WITH FEDERAL LANGUAGE REQUIRED PER MONROE COUNTY. This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@gametime.com All pricing in accordance with Omnia Partners 1 U.S.Communities Contract#2017001134. All terms in the Omnia Partners/U.S. Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S. Communities contract please visit Omnia Partners Public Sector GameTime Permits are not included in cost,unless specifically listed in pricing. If permits are required Signed/Sealed drawings are needed and are also not included unless specifically listed in pricing.Any costs for muncipal permits, paid by installer,will be charged back to the owner.Adding permits to any job will increase the length of completion,expect total time to be about 150 days,after receipt of Site Plan from owner/customer(this is not due to manufacturing but rather the permit process at the muncipality level). It is expected that the owner will provide approved site plans of the area for the permit office,and will help and assist in the securing of all required approvals before assembly of equipment can begin. Installer cannot provide site plans. The permit process can not begin until appropriate and current site plans are provided by owner. If there are no current surveys or site plans available,the owner may be required to obtain a new survey for the permit. This is the responsibility of the owner to obtain. If additional permitting requirements are needed during the process,those will be added and billed accordingly, i.e.soil density test,formed footers, etc. i, III► Page 2 of 3 1 233 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104998-01-03 Longwood, FL 32752-0700 Or nd�„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Blue Heron Park Playground & Outdoor Fitness (Revised) Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing; borders;drainage;signed/sealed drawings;or permits. Installation Terms: Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore, GameTime,nor Dominica Recreation Products. If playground equipment,installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps, rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City,State,Zip: TeI: Fax: TeI: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $106,902.41 'MI I Page 3 of 3 1 234 Exhibit A-6 1235 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104747-01-05 Longwood, FL 32752-0700 CORDaµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Big Pine Key Park Playground Revision 2 BOCC Monroe County Ship to Zip 33037 Attn:Tom Henry 102050 Overseas Hwy., Suite 213 Key Largo, FL 33037 Henry-Thomas@monroecounty-fl.gov IIIIIIIIIII m Iola ulll I I III I�I IIIIII I IIIII II IIIh I I IIIIIII I IIIII III II IIIII III I II I III uu �� of h� Customer responsible for: •Site as,s,ess for construction equipment and staging area •Fencing •tree trimming as needed •relocation of any electric,Iligfhts as needed •marking of all private underground utififies •current site plan 1 INSTALL 5-Star Plus-Removal of Existing Playground Equipment- $6,650.00 $6,650.00 Includes disposal approx 32 manhours @$71.45=$2,286.40 plus equipment rental& dumpster/disposal $4,363.60 6425 Digout GT-Impax-Digout/Sitework of area(per sq.ft.)- $1.40 $8,995.00 Does not include removal of spoils Playground Leveling& Grading Services$1.40 sf 1 Site 5-Star Plus-Additional Site Work for new correct finished grade(additional $5,461.25 $5,461.25 grading work)7"depth- approx 38 manhours @$71.45=$2,715.10 per hour plus rental equipment $2,746.15 1 Spoils GT-Impax-Removal/Disposal from Site the Spoils from Digout(per sq.ft.)- $11,243.75 $11,243.75 approx 33 manhours @$71.45=$2,357.85 plus equipment rental& dumpster/disposal cost $8,885.90 327 Curb GT-Impax-Concrete Curb(In.ft.)- $38.54 $12,602.58 4"Wide-Not Reinforced 6425 Crush GT-Impax-Crushed &Compacted Stone Sub-Base(sq.ft.)- $5.86 15.02 $4.98 $31,996.50 Installed per specification of Unitary Surfacing requirements. 6425 Poured- GT-Impax-Poured Rubber Surfacing-varying CFH fall heights- $27.93 10.49 $25.00 $160,625.00 8 50%Standard Color-Aromatic Binder 1 CID GameTime-Coastal Package for all Accent metals $25,975.00 $25,975.00 4 T1031 GT-Site-&LEAF BENCH THERMOCOAT IG $1,079.00 16.00 $906.36 $3,625.44 1 INSTALL 5-Star Plus-Five Star Plus Playground Installation Services- $84,125.00 $84,125.00 Performed by a Certified Installer, includes meeting and unloading delivery truck,signed completion forms, site walkthrough, 90 day site revisit by installation foreman, and 3-Year Labor Warranty.! 1 5192 GT-Shade-Double Bay Swing Shade $12,090.00 3.00 $11,727.30 $11,727.30 1 INSTALL 5-Star Plus-Freestanding Swing Shade Installation-Shade Framing- $7,737.60 $7,737.60 Shade Structure installation-Performed by a Certified Installer,includes meeting and unloading delivery truck and signed completion forms. Swing Shade Frame$12,090.00 @ 64%_$7737.60 ►, III► Page 1 of 6 1 236 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104747-01-05 Longwood, FL 32752-0700 CORDmµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini IyII Big Pine Key Park Playground Revision 2 I111111 l� m w�i i� IIUc •m i IIU °•m� m "' i m � � m4 �Mil �� ' �of u�'W 3 SF4 5-Star Plus-Shade Footer Size 4(each)-Extra Large $575.00 $1,725.00 1 Crane 5-Star Plus-Lull Forklift(Crane)-For Shade Installation- $1,500.00 $1,500.00 Per Day Rental-Owner to provide access to site for lull,installer not responsible for damage to grass,sod, sidewalk or anything on accessible route to site. 2 Sealed 5-Star Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings- $1,250.00 $2,500.00 2 Systems and FS equipment 1 Permits 5-Star Plus-Building Permits- $9,500.00 $9,500.00 Estimated Costs of Permits plus Time.If actual permit fees are significantly higher or lower, final invoice will be adjusted accordingly. If additional time spent acquiring permits, due to lack of information from owner,final invoice to be adjusted. Survey&Siteplan are to be provided by the owner for the permit application. Correct legal address will be required. 1 3890RP GameTime-Clubhouse(Timbers)Hex Roof $15,159.00 30.00 $10,611.30 $10,611.30 1 5145 GameTime-Expression Swing 5"X 8' $1,859.00 16.00 $1,561.56 $1,561.56 1 5655RP GameTime-8'Extension w/Cap $731.00 30.00 $511.70 $511.70 6 5656RP GameTime-8'Extension w/out Cap $674.00 30.00 $471.80 $2,830.80 1 6050RP GameTime-Altus X2 Tower Base $6,220.00 30.00 $4,354.00 $4,354.00 1 6051 RP GameTime-Altus Tower Thunderring Panel $2,713.00 30.00 $1,899.10 $1,899.10 2 6057RP GameTime-Altus X2 Tower Tube to S Slide $9,040.00 30.00 $6,328.00 $12,656.00 1 153651 GameTime-24"St Section 30"Dia 1 153651 GameTime-24"St Section 30"Dia 1 153651 GameTime-24"St Section 30"Dia 1 153651 GameTime-24"St Section 30"Dia 1 153655 GameTime-30 Deg Elbow Sec 30"Dia 1 153655 GameTime-30 Deg Elbow Sec 30"Dia 1 153655 GameTime-30 Deg Elbow Sec 30"Dia 1 153655 GameTime-30 Deg Elbow Sec 30"Dia 1 153655 GameTime-30 Deg Elbow Sec 30"Dia 1 153655 GameTime-30 Deg Elbow Sec 30"Dia 1 153655 GameTime-30 Deg Elbow Sec 30"Dia 1 153655 GameTime-30 Deg Elbow Sec 30"Dia 1 203582 GameTime-Tube Entrance Section 1 203582 GameTime-Tube Entrance Section 1 205962 GameTime-Straight Section 1 205962 GameTime-Straight Section 1 205962 GameTime-Straight Section 1 205962 GameTime-Straight Section 1 205964 GameTime-Curved Right Section ►, III► Page 2 of 6 ..-".,1 237 mmmmmW46 GameTime 05/09/2023 Tirm � c/o Dominica Recreation Products, Inc. Quote# 1015ameeP.O. Box 520700 104747-01-05 Longwood, FL 32752-0700 CORDmµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini IyII Big Pine Key Park Playground Revision 2 �i i� IIUc •m i IIU °•m� m "' i m � � m4 �mil �� ' �of u�'W 1 205964 GameTime-Curved Right Section 1 207602 GameTime-TRANSITION SECTION 1 207602 GameTime-TRANSITION SECTION 1 207603 GameTime-End Cap 1 207603 GameTime-End Cap 1 207772 GameTime-Wilder Tube Section 1 207772 GameTime-Wilder Tube Section 1 220066 GameTime-SMASHED FOOTBUCK 114"LG. C/O 1 220066 GameTime-SMASHED FOOTBUCK 114"LG. C/O 1 220066 GameTime-SMASHED FOOTBUCK 114"LG. C/O 1 220068 GameTime-SMASHED FOOTBUCK 152 1/2"LG. C/O 1 220068 GameTime-SMASHED FOOTBUCK 152 1/2"LG. C/O 1 220068 GameTime-SMASHED FOOTBUCK 152 1/2"LG. C/O 1 220068 GameTime-SMASHED FOOTBUCK 152 1/2"LG. C/O 1 220117 GameTime-FOOTBUCK ASSY 40 11/16" LG 1 220117 GameTime-FOOTBUCK ASSY 40 11/16" LG 1 220120 GameTime-SLIDE GUARD PLATE 37 13/16"C/O 1 220120 GameTime-SLIDE GUARD PLATE 37 13/16"C/O 1 312637 GameTime-Support Assy 82 13/16"Lg 1 312637 GameTime-Support Assy 82 13/16"Lg 1 6057HW GameTime-HDW-ALTUS X TOWER TUBE TO S SLIDE 1 6057HW GameTime-HDW-ALTUS X TOWER TUBE TO S SLIDE 1 220066 GameTime-SMASHED FOOTBUCK 114"LG. C/O 1 X20379 GameTime-OUTRIGGER PLATE 19.75"LG 1 X20379 GameTime-OUTRIGGER PLATE 19.75"LG 1 X20379 GameTime-OUTRIGGER PLATE 19.75"LG 1 X20379 GameTime-OUTRIGGER PLATE 19.75"LG 1 6065RP GameTime-Altus Overlook $12,515.00 30.00 $8,760.50 $8,760.50 2 6070RP GameTime-Altus Tower Slide Panel $1,251.00 30.00 $875.70 $1,751.40 1 6310 GameTime-G6 $2,899.00 18.00 $2,377.18 $2,377.18 12 80001 GameTime-49"Tri Punched Steel Deck $1,034.00 30.00 $723.80 $8,685.60 1 80082 GameTime-Slide Transfer $2,053.00 30.00 $1,437.10 $1,437.10 1 80602 GameTime-2'-0"Entrance Barrier $606.00 30.00 $424.20 $424.20 1 80687 GameTime-Handhold/Kick Plate Pkg $578.00 30.00 $404.60 $404.60 1 81664 GameTime-Single Thunderring $481.00 30.00 $336.70 $336.70 ►, III► Page 3 of 6 1 238 mm GameTime 05/09/2023 O c/o Dominica Recreation Products, Inc. Quote# P.O. Box 520700 104747-01-05 Longwood, FL 32752-0700 CORDmµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini IyII Big Pine Key Park Playground Revision 2 I111111 l� m w�i i� IIUc •m i IIU °•m� m "' i m � � m4 �mil �� ' �of u�'W 1 81666 GameTime-Fun Seat $441.00 30.00 $308.70 $308.70 1 81670 GameTime-Crunch Bar $144.00 30.00 $100.80 $100.80 1 81699 GameTime-Bongos $333.00 30.00 $233.10 $233.10 1 81766 GameTime-Leaf Seat $495.00 30.00 $346.50 $346.50 1 90004 GameTime-Two Piece Hex Deck $3,930.00 30.00 $2,751.00 $2,751.00 1 90099 GameTime-8'Rockscape Climber $9,642.00 30.00 $6,749.40 $6,749.40 1 90151 GameTime-576'Double Vine Climber $5,983.00 30.00 $4,188.10 $4,188.10 1 90186 GameTime-Ashiko&Djembe Panel $1,577.00 30.00 $1,103.90 $1,103.90 1 90190 GameTime-Udus Panel $1,246.00 30.00 $872.20 $872.20 1 90250 GameTime-2'-6" Leaning Wall Climber $1,517.00 30.00 $1,061.90 $1,061.90 1 90252 GameTime-4'Leaning Wall Climber $2,106.00 30.00 $1,474.20 $1,474.20 4 90266 GameTime-8'Upright,Alum $503.00 30.00 $352.10 $1,408.40 10 90267 GameTime-9'Upright,Alum $557.00 30.00 $389.90 $3,899.00 1 90387 GameTime-Rockscape Archway W/Barrier $920.00 30.00 $644.00 $644.00 1 90396 GameTime-2'Rung Kickplate $886.00 30.00 $620.20 $620.20 1 90507 GameTime-2'-6"/3'Rumble&Roll Zip Slide $2,773.00 30.00 $1,941.10 $1,941.10 1 90579 GameTime-Double Swerve Slide $3,628.00 30.00 $2,539.60 $2,539.60 1 90610 GameTime-Contoured Panel(Above) $1,602.00 30.00 $1,121.40 $1,121.40 1 90667 GameTime-Spiral Step Climber(3-0"&3-6") $1,281.00 30.00 $896.70 $896.70 1 90792 GameTime-Sloped Funnel Climber Timbers(Dbl) $10,003.00 30.00 $7,002.10 $7,002.10 2 91150 GameTime-Entryway-Timbers $1,204.00 30.00 $842.80 $1,685.60 6 91151 GameTime-Climber Entryway-Timbers $1,065.00 30.00 $745.50 $4,473.00 1 91157 GameTime-Archway W/Socket-Timbers $1,212.00 30.00 $848.40 $848.40 1 91183 GameTime-6 0"Plank Climber-Timbers $1,152.00 30.00 $806.40 $806.40 1 91211 GameTime-Funnel Bridge-Timbers(2 Deck Span) $9,730.00 30.00 $6,811.00 $6,811.00 1 91223 GameTime-3 0"Plank Climber-Timbers $685.00 30.00 $479.50 $479.50 1 91303 GameTime-Cliff Wall Climber $5,672.00 30.00 $3,970.40 $3,970.40 1 91336 GameTime-Timbers Enclosure W/Molded Steering W $1,770.00 30.00 $1,239.00 $1,239.00 1 91541 GameTime-14'Hex Canopy $10,855.00 10.00 $9,769.50 $9,769.50 1 91711 GameTime-Modern Transfer w/Guardrail 1'Rise $3,504.00 30.00 $2,452.80 $2,452.80 1 91714 GameTime-Modern Transfer w/Guardrail 3'Rise $4,571.00 28.00 $3,291.12 $3,291.12 1 91735 GameTime-TreeTop Traverse(34) $4,825.00 30.00 $3,377.50 $3,377.50 2 G90262 GameTime-4'Upright,Galy $295.00 30.00 $206.50 $413.00 6 G90270 GameTime-12'Upright, Galy $746.00 30.00 $522.20 $3,133.20 7 G90273 GameTime-15'Upright, Galy $917.00 30.00 $641.90 $4,493.30 OM NIA Page 4 of 6 1 239 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104747-01-05 Longwood, FL 32752-0700 CORDmµnd�„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirlllp.coini IyII Big Pine Key Park Playground Revision 2 I111111 l� m w�i i� IIUc •m i IIU °•m� m "' i m � � m4 �Mil �� ' �of u�'W 1 SS5058 GameTime-Arch Swing(SS) $8,584.00 16.00 $7,210.56 $7,210.56 1 SS8914 GameTime-Enclosed Tot 5"/8'High W/Clevis $495.00 16.00 $415.80 $415.80 2 SS8918 GameTime-Belt Seat 5"/8'High W/Clevis $415.00 16.00 $348.60 $697.20 1 178749 GameTime-Owner's Kit $84.00 $84.00 1 90777 GameTime-Kidnetix Twirl $7,241.00 24.00 $5,503.16 $5,503.16 Sub Total $545,007.90 Freight $23,629.96 Comments QUOTE COMPLIES WITH FEDERAL LANGUAGE REQUIRE PER MONROE COUNTY This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@gametime.com Due to supply chain issues,and availability of some products. ALL orders are shipping in approximately 10-12 weeks,from date of accepted order. Some orders depending on specific items may take longer. Not until an order is in the system and processed can we give an expected ship date. In addition,labor shortages may cause installation dates to be extended. It is difficult to provide exact days for delivery and installation at time of order. All pricing in accordance with Omnia Partners I U.S.Communities Contract#2017001134. All terms in the Omnia Partners/U.S. Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S. Communities contract please visit Omnia Partners Public Sector GameTime Permits are not included in cost,unless specifically listed in pricing. If permits are required Signed/Sealed drawings are needed and are also not included unless specifically listed in pricing.Any costs for muncipal permits, paid by installer,will be charged back to the owner.Adding permits to any job will increase the length of completion,expect total time to be about 150 days,after receipt of Site Plan from owner/customer(this is not due to manufacturing but rather the permit process at the muncipality level). It is expected that the owner will provide approved site plans of the area for the permit office,and will help and assist in the securing of all required approvals before assembly of equipment can begin. Installer cannot provide site plans. The permit process can not begin until appropriate and current site plans are provided by owner. If there are no current surveys or site plans available,the owner may be required to obtain a new survey for the permit. This is the responsibility of the owner to obtain. If additional permitting requirements are needed during the process,those will be added and billed accordingly, i.e.soil density test,formed footers, etc. Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing; borders;drainage;signed/sealed drawings;or permits. ►, III► Page 5 of 6 1240 mm GameTime 05/09/2023 Tirm � c/o Dominica Recreation Products, Inc. Quote# 1015ameeP.O. Box 520700 104747-01-05 Longwood, FL 32752-0700 Or nd�„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Big Pine Key Park Playground - Revision 2 Installation Terms: Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore, GameTime,nor Dominica Recreation Products. If playground equipment,installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps, rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. Unitary Surfacing Notes:The installer of the Unitary Surfacing(Poured, Bonded,Turf,Tiles)is not the same installer of the playground equipment. However,your certified equipment installer will coordinate the timing of the unitary surfacing installation, but more than likely they will not be on-site at the time.They will continue to be your contact should you have any questions.Security is needed to protect surfacing at night or after installation as the product set. Normally it is not needed or a concern, however in some areas additional security is needed to prevent vandalism.Security is not included. Vandalism will be the responsible of the owner. ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City,State,Zip: Tel: Fax: Tel: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $568,637.86 0,MNIA Page 6 of 6 1241 GameTime Division P1ayCore Wisconsin,Inc. 150 P1ayCore Drive SE Fort Payne,Alabama 35967 (La= Direct telephone:256.845.5610 Email:clint.whiteside(a)gametime.com " °' '' ORE'Company May 8,2023 Monroe County,FL. Administration,Parks, and Beaches Division Attn: Suzi Rubio,MPM 102050 Overseas Hwy., Suite 213 Key Largo,FL. 33037 RE: OMNIA PRICING GUARANTEE Suzi, GameTime hereby guarantees the following products are priced in accordance with our 2023 commercial list price, as well as the published discount schedule on our OMNIA Contract No. 2017001134 per their respective product categories. Although we have extended OMNIA Contract discounts,these new products may not be found on our current contract price list, as they were designed,tested, and released to the marketplace after the time of which we submitted our annual product and pricing update to the City of Charlotte and OMNIA Partners for the 2023 calendar year. Model No: Description: 2023 List Price: OMNIA Discount: 6310 GameTime G6 $2,899.00 16% 91735 GameTime TreeTop Traverse $4,825.00 24% We also realize certain equipment in our proposal includes our Coastal Paint application. This also will not be found on our published contract price list, as the price basis varies per product and quantities being quoted or purchased,which ultimately limits our ability to list a standardized price or dollar figure. Respectfully submitted, v y I/V #,Oe Clint Whiteside Director of Sales Administration GameTime I PlayCore 1242 Exhibit A-7 1243 mmmmmI GameTime 05/08/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104952-01-02 Longwood, FL 32752-0700 CORDaµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Big Coppitt Volunteer Fite Dept Outdoor Fitness BOCC Monroe County Ship to Zip 33040 Attn:Suzi Rubio 1100 Simonton Street Key West, FL 33040 Phone:305-453-8788 Rubio-Suzanne@MonroeCounty-FL.gov llllllllm i ii mh 1 13573 GameTime-Log Hop Station $1,805.00 16.00 $1,516.20 $1,516.20 (Basic: 1 2 13565 GameTime-Fitness Sign Post For Sticker $293.00 16.00 $246.12 $492.24 (Basic: 1 1 135891 GameTime-Push Up Hi/Lo In ground $2,462.00 16.00 $2,068.08 $2,068.08 (Accent: 7(Basic: 1 1 15504 GameTime-Parallel Bar(Accessible) $1,997.00 16.00 $1,677.48 $1,677.48 (Basic: 1 1 14911 GameTime-Thrive 250 $14,856.00 16.00 $12,479.04 $12,479.04 (Accent. 1(Basic: 1[Basic 2: 1 31 4850 GameTime-8"Playcurb Pkg $81.00 16.00 $68.04 $2,109.24 1 4854 GameTime-Accessible Playcurb $550.00 16.00 $462.00 $462.00 1 Sealed 5-Star Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings $1,250.00 $1,250.00 1 INSTALL 5-Star Plus-Five Star Plus Playground Installation Services- $9,560.00 $9,560.00 Performed by a Certified Installer, includes meeting and unloading delivery truck,signed completion forms, site walkthrough, 90 day site revisit by installation foreman, and 3-Year Labor Warranty.! 35 EWF-8 GT-Impax-Engineered Wood Fiber-8"Compacted Depth- $48.60 18.00 $39.85 $1,394.75 -ADA Compliant-IPEMA Certified-ASTM F1292&F1951 Compliant approx 875 sf @ 8'compacted depth 1 INSTALL GT-Impax-Spreading of Wood Fiber- $630.00 $630.00 Wood Fiber will be delivered by large truck and dumped in staging area. Installer will use bob-cat or similar to move wood fiber into site, one load at time. Installer not responsible for sod or sidewalks from staging area to job site. 875 sf @$.72 sf=$630.00 1 Permits 5-Star Plus-Building Permits- $2,400.00 $2,400.00 Estimated Costs of Permits plus Time.If actual permit fees are significantly higher or lower, final invoice will be adjusted accordingly. If additional time spent acquiring permits, due to lack of information from owner,final invoice to be adjusted. Survey&Siteplan are to be provided by the owner for the permit application. Correct legal address will be required. 125 Sidewalk 5-Star Plus-Concrete Pad or Path-Standard per sq.ft.- $10.80 $1,350.00 5'x 25'sidewalk Sub Total $37,389.03 Freight $5,444.29 , INIIA Page 1 of 3 ;� " U .. .1244 mm GameTime 05/08/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104952-01-02 Longwood, FL 32752-0700 CORDaµnd�„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirlllp.coini Big Coppitt Volunteer Fite Dept - Outdoor Fitness Comments QUOTE COMPLIES WITH FEDERAL LANGUAGE REQUIRED PER MONROE COUNTY. This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@gametime.com All pricing in accordance with Omnia Partners 1 U.S.Communities Contract#2017001134. All terms in the Omnia Partners/U.S. Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S. Communities contract please visit Omnia Partners Public Sector GameTime Permits are not included in cost,unless specifically listed in pricing. If permits are required Signed/Sealed drawings are needed and are also not included unless specifically listed in pricing.Any costs for muncipal permits, paid by installer,will be charged back to the owner.Adding permits to any job will increase the length of completion,expect total time to be about 150 days,after receipt of Site Plan from owner/customer(this is not due to manufacturing but rather the permit process at the muncipality level). It is expected that the owner will provide approved site plans of the area for the permit office,and will help and assist in the securing of all required approvals before assembly of equipment can begin. Installer cannot provide site plans. The permit process can not begin until appropriate and current site plans are provided by owner. If there are no current surveys or site plans available,the owner may be required to obtain a new survey for the permit. This is the responsibility of the owner to obtain. If additional permitting requirements are needed during the process,those will be added and billed accordingly, i.e.soil density test,formed footers, etc. Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing; borders;drainage;signed/sealed drawings;or permits. Installation Terms: Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore, GameTime,nor Dominica Recreation Products. If playground equipment,installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps, rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. ►, III► Page 2 of 3 1 245 mm GameTime 05/08/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104952-01-02 Longwood, FL 32752-0700 Or nd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Big Coppitt Volunteer Fite Dept Outdoor Fitness ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City,State,Zip: Tel: Fax: Tel: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $42,833.32 0,MNIA Page 3 of 3 1 246 Exhibit A-8 1247 mm GameTime 05/09/2023 c/o Dominica Recreation Products, Inc. Quote#015ameTirme- P.O. Box 520700 104943-01-03 Longwood, FL 32752-0700 CORDaµnd„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Illrlllayrlurlllr.coini Wilhelmina Harvey Park - PIP Surfacing Revised BOCC Monroe County Ship to Zip 33037 Attn:Suzi Rubio 500 Saint Croix Place Key Largo, FL 33037 Phone:305-453-8788 Rubio-Suzanne@MonroeCounty-FL.gov llllllllm i ii mh Siila access For construction eq uillpirneM and s agiing airaa rna.us Ibe Ipiro aided by owneir C use oirnair responsible For scd as ineeded "II II"surfacing fiiniisll"ed girade to Ibe se by IhelglNs of the existing playground eq uiillpirneM AIDA access by owner. 2800 Digout GT-Impax-Digout/Sitework of area(per sq.ft.)- $1.40 $3,920.00 Does not include removal of spoils pages 281 Playground Leveling& Grading Services$1.40 sf 1 Spoils GT-Impax-Removal/Disposal from Site the Spoils from Digout(per sq.ft.)- $4,900.00 $4,900.00 Removal and disposal of spoils; 18 manhours @$71.45=$1,286.10;equipment rental and dumpster rental with disposal$3,613.90. 125 Curb GT-Impax-Concrete Curb(In.ft.)- $38.54 $4,817.50 4"Wide-Not Reinforced Existing sidewalk to be used as flush edge on 2 sides 2800 Crush GT-Impax-Crushed &Compacted Stone Sub-Base(sq.ft.)- $5.86 13.82 $5.05 $14,140.00 Installed per specification of Unitary Surfacing requirements. 2800 Poured- GT-Impax-Poured Rubber Surfacing-8'fall height- $27.93 $78,204.00 8 50%Standard Color-Aromatic Binder-3.5"Thick with 112"EPDM wear course cap-5-year warranty ""Square footage adjusted to 2,800 sf per customer." Sub Total $105,981.50 Comments QUOTE COMPLIES WITH FEDERAL LANGUAGE REQUIRED PER MONROE COUNTY. Square footage adjusted to 2,800 sf per customer. This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext. 101 ginaw@gametime.com All pricing in accordance with Omnia Partners 1 U.S.Communities Contract#2017001134. All terms in the Omnia Partners/U.S. Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S. Communities contract please visit Omnia Partners Public Sector GameTime ►, III► Page 1 of 2 1 248 mm GameTime 05/09/2023 Tirm � c/o Dominica Recreation Products, Inc. Quote# 1015ameeP.O. Box 520700 104943-01-03 Longwood, FL 32752-0700 Or nd�„ 800-432-0162'407-331-0101 Fax:407-331-4720 www.Ilfplllaydirllp.coini Wilhelmina Harvey Park - PIP Surfacing Revised Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B.factory,order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed,this quotation excludes all sitework and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing; borders;drainage;signed/sealed drawings;or permits. Installation Terms: Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore, GameTime,nor Dominica Recreation Products. If playground equipment,installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps, rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. Unitary Surfacing Notes:The installer of the Unitary Surfacing(Poured, Bonded,Turf,Tiles)is not the same installer of the playground equipment. However,your certified equipment installer will coordinate the timing of the unitary surfacing installation, but more than likely they will not be on-site at the time.They will continue to be your contact should you have any questions.Security is needed to protect surfacing at night or after installation as the product set. Normally it is not needed or a concern, however in some areas additional security is needed to prevent vandalism.Security is not included. Vandalism will be the responsible of the owner. ORDER INFORMATION Bill To: Ship To: Contact: Contact: Address: Address: Address: Address: City, State,Zip: City,State,Zip: TeI: Fax: TeI: Fax: SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of quotation: Accepted By(printed): P.O. No: Signature: Date: Title: Phone: E-Mail: Purchase Amount: $105,981.50 'MI I Page 2 of 2 1 249 Exhibit B Conceptual Drawing of Playground and Equipment 1250 U H IUII // ' .,..�.....�...� i, w Mail, Y I u �5 V II� r r Y f y, v l w b llf j, Ur 1251 Exhibit D Coronavirus State and Local Fiscal Recovery Funds Financial Assistance Agreement 1252 OM B.Approved No�. 1505-0271 Expiration Date: 11/30/2021 U,S. DLP,AR'I'NlEN'1'01,''I'HE'I'RL/1,,S[.JRY CORONAVlRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address: DUNS Nuniber: 073876757 Monroe County Board of Corminssioners Taxpayer Identification Number: 596000749 1100 Simonton Street, Room 2-213 Assistance Listing Number arid'fitle: 21,027 Key West, Florida 33040 Sections 602(b)and 003(h)of the Social Security Act(the Act)as added by section 9901 of the American Rescue Plan Act, Pub,L. No. 117-2(March 11,2021)authorizes the Department of the TreaSUry,(Treasury)to make payments to certain recipients from the Coroaavirus State Fiscal Recovery Fund and the.Coronavirus Local Fiscal Recovery Lurid- Recipients hereby agrees,as a condition to receiving such payment from'Freasury.agrees to the terms attached hereto. Recipient: Digitally signed by Tina Boan T'ina Boan data: 2022.08.02 09:11:02 -04'00' Authorized Representative Signature(above) ALIthorizcd Representative Namc: Tiria Roan .Authorized Representative Title: Senior Director Budget&Finance .Date Signed: U.S. Depaitinent of the Treasury: Authorized Representative Signature(above) Authorized Representative Name: Jacob Lcibenluft Authorized Representative Title: Chief Recovery Oflicer,CA'Cice of Recovery Programs Date Signed: May 14,2021 Pi,PERNVOR K REDUCTIOIN ACT NOTICE The information collected will be used for the Ij,S Government to process requests for support,The estimated burden associated vvith this ool lect i on of information is 15 rninutes,per response.corrimenu;vonuerning the accuracy of this burden estimate and suggestions for reducing this,burden should be directed to the Office of Privaoy,Transparency and Reeo ds,Departrrent of the TreasuT,1500 Penns,vhania!five.,"I W,Washirigton,D.C.20220,DO NOT send the form to this address An agency may not conduct or sponsor,and a,person is not required to resporid to,a collection of iliforlilatioll unless it displays a valid coritrot rur berassigiied by 01,413 1253 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award m ay only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024. 3.Reporting:Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. 4.Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. 5.Pre-award Costs. Pre-award costs,as defined in 2 C.F.R. §200.458,may not be paid with funding from this award. 6.Administrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs. 7.Cost Sharine.Cost sharing or matching funds are not required to be provided by Recipient. S.Conflicts of Interest.Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. 9.Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subjectto 2 C.F.R.Part 180 and Treasury's implementing regulation at 31 C.F.R.Part 19. 1254 v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R.Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42U.S.C. §§4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability, iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§6101 et seq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance,and v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C. §§ 12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10.Remedial Actions. In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R. §200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act. 1 1_Hatch Act_Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C. §§ 1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12.False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13.Publications.Any publications produced with funds from this award must display the following language: "This project[is being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14.Debts Owed the Federal Government. a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award,(2)that are determined by the Treasury Office of Inspector General to have been misused;or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 1255 15.Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. a. In accordance with 41 U.S.C. §4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds, an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule, or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General, iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury;or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. 17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18.Reducing Text Messaging While Driving.Pursuant to Executive Order 13513,74 FR 51225(Oct. 6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 1256 OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein. The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U.S.C. §2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166,directives,circulars,policies,memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs, services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit http://www.le ov. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title T/7 of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin(42 U.S.C.§2000d et seq.), as implemented by the Department of the Treasury's Title 1/7 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title I7 also includes protection to persons with "Limited English Proficiency"in any program or activity receiving federal financial assistance, 42 U.S.C.§2000d et seq., as implemented by the Department of the Treasury's Title V1 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any 1257 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions. That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VL. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Tina Boan oagiPai n gnadroynnlneBn n4m Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of information is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department of the Treasury, 1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB. 1258 '4C� CERTIFICATE OF LIABILITY INSURANCE DATE(MMrpD/YYYY) "1 7 z'� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on Ws certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER CNAOIN A T Brenda Young-Epps Marsh USA,Inc Two Alliance Center PHONE (404)995 3074 Fk No 3560 Lenox ROW.Suite 2400 E-MAIL breMa.yourigepps@marsh.com Atlanta,GA 30326 Attn:Atlanta.CedReques9@marsh.wm I Fax:212 948-4321 INSUREFttSJ AFFORDING COVERAGE NAIL p CN142326389-CAS-GAUWX-22-23 INSURER A:Evanston Insurance Company 35378 INSURED INSURER B:Indemnity Ins Co Of North America 43575 PlayCore Wisomsin,Inc. Dba GameTlrne INSURER C:ACE Property And Casually Ins Co 20699 15D PlayCore Drive SE INSURER D:ACE American Insurance Company 22667 Fort Payne,AL 35967 INSURER E:National union Fire Ins Co.of Pittsburgh PA 119445 INSURER F:ACE Fire Underwriters Insurance Compan v 120702 COVERAGES CERTIFICATE NUMBER: ATL-005433040-06 REVISION NUMBER: 4 THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN„ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR i AR Wvc POLICY NUMBER Y ^LTR TYPE OF INSURANCE .. . ,,,_. A y, COMMERCIAL GENERAL LIABILITY ° 2 ,,,m..... 22 08M 2DPY"r'Y9M l LIMITS .. �X M4�L�"�PSC001627 OEJ01IZ0 EFF PO .... .. - . CLAIMS-MADE x.....l OCCUR a 112(123 ,$FACHOCCURRENCE 2,1DO,000', X MED EXP�Y.one'&:rvper� S w. . .. SIR f250„000 Per Ccc. 10 000„ „m P1ERS0NALBA.DVINJURY $ 2OD0.000 N POLICY AGGREGATE ECT LOC PRODUCTS•COMPIOP A SPER. GENERAL AGGREGATE •S 4000000 PRO .. LIMIT APPLIES ,. .,- 1-1-GG�$I'll 000000 OTHER: POLICY AGGREGATE S 10,D00,DD0 O01023B AUTOMOBILE LIABILITY OS}1 yBIN7nsl W„ $ 1.000,000 X ANY AUTO BODILY INJURY(Per person) $ p "BODILY ..�......... . OWNED SCHEDULED � . . . AUTOS ONLY �, AUTOS INJURY(Per accident) $... HIRED NON NED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY ? r,4r,+j;a,n $ i Camp.lColl.Ded.:$1,000 $ X UMBRELLA LIAR X OCCUR xEUG79549549 404 08N112022 08/01/2023 EACH OCCURRENCE S 10,000,0t "'"JEXCESS LIAR CLAIMS-MADE (RETENTION Umb lrophe L25,0D0 - AGGREGATE $ 10,000,001) DIED X IRETENTIONSO • $ KERS COMPENSATION WO D OORCER Rlr:T PJPAR UDUF- YIN NIA. WL 2 202 ON112023 X H ® SCF C50669786 08101120F�fTJA�. £1,.,.,,,,, , AND EMPLOYERS'LIABILITY � 22 08101/2023 E LEACH ACCIDENT S 1�•� F DESCRIPTION OF OPERATIONS below (seeAdditional Page} C O8RI1f2022 061U1�2023 E.L.DISEASE..POLICY LIMIT S 1 ., . A FFICERIMEM ORIPARBNERIEXECUTIV E (Mandatory } E.L.DISEASE FA EMPLOYEE $ D00,000 IP es,describe under ;� ., E Excess Umbrella 021W8174 ON112022 ON112023 Each Occurrence 15,000,000 Aggregate 15,000,D00 DESCRIPTION OF OPERATIONS B LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may Ee attached If more space Is required) RE: All Jobs Monroe County SOCC and Monroe County Shedfrs Office are listed as additional insured as their interests may appear,during and until completion of the referenced project,on a primary a nd non-contributory basis via attached CG 2010.when required by written contract. A Waiver of Subrogation applies in favor of the additional insured on the Workers Compensation policy,when required by written contract. AP R18K a eY CERTIFICATE HOLDER CANCELLATION Monroe Cou my BOCC SHOULD ANY OF THE ABOVE DESCR i*ft M EO BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,FL W40 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. - 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1259 AGENCY CUSTOMER ID: CN102326389 LoC#: Atlanta ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED Marsh USA,Inc. AlayCare Wis=sin,Inc. Oba GameThe POLICY NUMBER 150 PlayCoe Drive SE Fat Payne,AL 35967 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers'Compensation(Continued): WLRC50669828•AL,AZ,CA,CO,FL,GA,IL,IN,KY,MI,MN,MO,NV,NY,OK,OR,PA,SC,TN,TX,UT,VA SCF CM99786•CA,CO,FL,GA.IL,IN,MI,MN,MO,MT,NC.NM,NV,NY,OK,OR,PA,SC,TN,TX SCF CSW69713-Wisconsin(WI) ACORD 101 (2008101) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1260 GV�S COURTg c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: June 2, 2022 TO: John Allen, Director Parks & Beaches Tofu Henr Manager Naomi Pagidas Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: May 18th BOCC Meeting Attached is an electronic copy of the following itein for your handling: U5 Agreement with Playcore Wisconsin, Inc., d/b/a GameTime, ill the amount of $399,473.71, for the purchase and installation of playground equipment and rubber surfacing ill the Children's area of the Key Largo Community Park. This agreement will utilize competitive bid pricing ill accordance with County cooperative purchasing procedures. This project will be funded by 304-24001. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florid? limn 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1261 AGREEMENT FOR PLAYGROUND EQUIPMENT AND RUBBER SURFACING AT KEY LARGO COMMUNITY PARK This Agreement ("Agreement") made and entered into this 18`' day of May, 2022, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners (`BOCC"), AND PlayCore Wisconsin, Inc. d/b/a GameTime, a Foreign-for-Profit Corporation, authorized to do business in the State of Florida, whose principal address is 544 Chestnut Street, Chattanooga, Tennessee 37402,its successors and assigns,hereinafter referred to as "GameTime" or "CONTRACTOR", WITNESSETH: WHEREAS, the COUNTY owns and maintains the Key Largo Community Park located at 500 St. Croix Place, Key Largo, Florida, hereinafter referred to as "PARK." There is an area of the PARK which has been designated as a Children's Playground area. WHEREAS, the COUNTY requires replacement and installation of new playground equipment and the accompanying poured rubber surfacing to be installed in the Children's Playground area of the PARK, to improve the use and enjoyment of the PARK by Monroe County residents and tourists visiting the Key Largo area; and WHEREAS, CONTRACTOR has the ability and inventory to provide a selection of new and innovative playground equipment and rubber surfacing for installation at the PARK to achieve the objectives sought by the COUNTY,which shall collectively be referred to as the"Project"; and WHEREAS, this Agreement will be utilizing cooperative purchasing and pricing under a competitively bid solicitation by the City of Charlotte, North Carolina, a North Carolina municipal corporation, dated January 25, 2017, for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services. The City of Charlotte subsequently entered into Contract No. 2017001134, as amended, with PlayCore Wisconsin, Inc., d/b/a GameTime, effective July 1, 2017, to June 30, 2024; and WHEREAS, the City of Charlotte, on behalf of itself and other states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non-profit organizations, hereinafter referred to as "Participating Public Agencies," competitively solicited and awarded the Contract to PlayCore Wisconsin, Inc., d/b/a GameTime and entered into Contract No. 2017001134, with the City of Charlotte acting as the "Contracting Agent" for the Participating Public Agencies, hereinafter "City of Charlotte Contract 1 1262 No. 2017001134." GameTime shall then thereafter negotiate and contract with each Participating Public Agency concerning the placement of its own orders, purchase, contracting, payment, and all other matters related to its access to the underlying Contract No. 2017001134 and any subsequent contract entered into between the COUNTY and CONTRACTOR; and WHEREAS, Contract No. 2017001134 between the City of Charlotte and GameTime became effective on July 1, 2017, and was recently renewed in Amendment No. 11, with a current expiration date of June 30, 2024,with one (1) remaining optional extension of an additional two-year term to June 30, 2026; and WHEREAS, the COUNTY as a Participating Public Agency is registered as a participant and assigned Omnia Partners membership number 5322446, which allows it to access the reduced pricing and purchase under City of Charlotte Contract No. 2017001134; and WHEREAS, under said City of Charlotte Contract No. 2017001134, a National Network of Distributors and Installers are assigned to certain sales territories by states as shown on Exhibit C to City of Charlotte Contract No. 2017001134; and WHEREAS, GameTime, through Dominica Recreation Products, Inc., a National Distributor and Installer,is assigned the territories of Florida, Georgia, and Tennessee; and WHEREAS, COUNTY and CONTRACTOR find this Agreement to be mutually beneficial and desire to enter into a contract; NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the COUNTY and the CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, the CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as the CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied. 1.1.2 If applicable, the CONTRACTOR has become familiar with the site(s) and the local conditions under which the Project is to be completed. 2 1263 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that it shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to its performance and those directly under its employ. 1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this Agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.6 At all times and for all purposes under this Agreement, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the CONTRACTOR or any of its employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION The CONTRACTOR'S Scope of Basic Services with rates/costs consists of that described in Exhibit "A" attached hereto and made a part hereof. A Conceptual Drawing of the Playground and Equipment is shown on Exhibit `B" attached hereto and made a part hereof. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon its receipt of a written notice to proceed from the COUNTY. 2.2 NOTICE REQUIREMENT All written notices or correspondence given pursuant to this Agreement shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with 3 1264 proof of delivery. Notice is deemed received by CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For the COUNTY: John Allen Director of Parks and Beaches Monroe County BOCC 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 "��lc�x,-. c>lgrx rt),rnorx�oecourxt��-�E srov And Office of Monroe County Attorney 1111 12th Street, Suite 408 Key West, Florida 33040 For the CONTRACTOR: GameTime/Dominica Recreation Products,Inc. Attention: Rob Dominica 632 Florida Central Parkway Longwood, Florida 32750 fl.c>lyd t�>�,at��etbt��e.cc>t�� ARTICLE III ADDITIONAL PRODUCTS AND SERVICES 3.1 Additional products and services are those products and services not included in the Article II Scope of Basic Services and set forth in Exhibit "A". Should the COUNTY require additional products or services they shall be paid for by the COUNTY at pricing, rates or fees negotiated at the time when services are required, in accordance with the City of Charlotte Contract No. 2017001134 cooperative purchasing pricing in effect at the time when products and services are required, but only if approved by the COUNTY before commencement. 3.2 If additional services are required, the COUNTY shall issue a letter requesting and describing the requested products and services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal, in accordance with the competitive pricing under the City of Charlotte Contract No. 2017001134, to provide the requested products and/or to perform the requested services. Only after receiving an amendment to 4 1265 the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the additional services. Any additional services must be funded and approved by the Board of County Commissioners. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide complete and accurate information and cooperation regarding requirements for the Project including access to office accommodations, facilities, equipment, county staff assistance and cooperation, and complete and accurate data. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to a request for information submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.2. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of other contractors. 4.5 The COUNTY's review of any information or documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such information or documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such information or documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary information or documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR to which the COUNTY has immediate access will be provided as requested. ARTICLE V INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE 5.1 The CONTRACTOR covenants and agrees to indemnify, hold harmless, and defend the COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or 5 1266 intentional wrongful conduct of the CONTRACTOR, subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the performance of the contract. 5.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that it shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the Project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONTRACTOR the CONTRACTOR agrees and warrants that CONTRACTOR will hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The scope of this indemnification does not extend to the sole negligence of COUNTY. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications for Services provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that it shall hold the COUNTY harmless and shall indemnify the COUNTY from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the Project. During the term of this Agreement, it is anticipated that numerous personnel will be assigned to perform the various functions, as established by the CONTRACTOR, to fulfill the Scope of Work. The CONTRACTOR agrees that it has conducted or will conduct background checks on personnel as required by the underlying City of Charlotte Contract No. 2017001134, and also pursuant to any statutes or provisions of Florida law that may be applicable to its Services in the PARK. 6 1267 ARTICLE VII COMPENSATION, PAYMENTS, BUDGET and TERM 7.1 COMPENSATION BASED ON SPECIFIED RATES 7.1.1 The COUNTY shall pay the CONTRACTOR in accordance with Exhibit "A" in current funds for the CONTRACTOR'S performance of services under this Agreement based on the competitively bid pricing outlined in Exhibit "A." The Total Estimated Not to Exceed Amount of Three Hundred Ninety-nine Thousand Four Hundred Seventy-three and 71/100 ($399,473.71) Dollars will apply to this Agreement. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations, and responsibilities set forth herein, the CONTRACTOR shall be paid monthly, or as proper documentation is submitted for payment in accordance with Exhibit "A." Payment will be made pursuant to the Local Government Prompt Payment Act (Section 218.70, Florida Statutes). (A) If the CONTRACTOR'S duties, obligations, and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to the COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder, if such expenses are allowable. The CONTRACTOR'S invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR'S invoice shall be accompanied by such supporting documentation or data in support of expenses for which payment is sought that the COUNTY may require and is acceptable to the Monroe County Clerk of Court based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The payment of invoices under this Agreement shall be in accordance with the practices and procedures as adopted by the Monroe County Office of Clerk and Controller. The COUNTY is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the COUNTY upon request. 7.3 BUDGET AND REIMBURSABLE EXPENSES 7.3.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7 1268 7.3.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 7.3.3 It is anticipated that no reimbursable expenses will be incurred by the CONTRACTOR to be paid by the COUNTY under this Agreement as per the agreement of the COUNTY and CONTRACTOR. 7.4 TERM OF AGREEMENT 7.4.1 The initial term of this Agreement shall be for one (1) year commencing on May 18, 2022, and terminating on May 17, 2023. This Agreement may be extended upon mutual agreement of the parties. This Agreement may be renewed after the initial term in accordance with the term of the City of Charlotte Contract No. 2017001134, as amended, which said current term is effective from July 1, 2017, through June 30,2024, with an option to renew for an additional two-year term with an expiration date of June 30, 2026, if exercised. Any renewal of this Agreement must be in writing and signed by both the COUNTY and CONTRACTOR. ARTICLE VIII INSURANCE 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The CONTRACTOR shall provide sixty (60) days' written notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 The CONTRACTOR shall obtain and maintain the following policies: 8.3.1 Workers' Compensation Insurance as required by the State of Florida, sufficient to respond to Chapter 440, Florida Statutes. 8.3.2 Employers Liability Insurance with limits of $500,000 each Accident, $500,000 Disease, policy limits, $500,000 Disease each employee. 8.3.3 Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and hired or non-owned vehicles, 8 1269 with $200,000 per person, $300,000 per Occurrence, $200,000 Property Damage, or $300,000 combined single limit. 8.3.4 Commercial General Liability Insurance, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Limited Contractual Liability Endorsement with a$1,000,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of forty-eight (48) months following the termination or expiration of this contract. 8.4 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the Emits prescribed above, and to any increased limits of the CONTRACTOR, if so required by the COUNTY during the term of this Agreement. The COUNTY will not pay for increased limits of insurance for subcontractors. 8.5 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. 8.6 As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at its/his/her own expense, insurance as specified herein. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. Alternatively, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the provisions of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments 9 1270 shall be imposed as if the work had not been suspended, except for the CONTRACTOR'S failure to maintain the required insurance. The CONTRACTOR will be held responsible for all deductibles and self-insured retentions that may be contained in the CONTRACTOR'S Insurance policies. The CONTRACTOR shall provide to the COUNTY, as satisfactory evidence of the required insurance, • Certificate of Insurance • Or a Certified copy of the actual insurance policy The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance policies, including all amendments, endorsements, exclusions or changes to the policy,required by this contract. The CONTRACTOR agrees that the insurance policies shall not be subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the COUNTY by the insurer. The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Subparagraph 8.3.3 and Subparagraph 8.3.4. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County Risk Management Department. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 SUCCESSORS AND ASSIGNS 10 1271 The CONTRACTOR shall not assign or subcontract its obligations under this Agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the BOCC may deem necessary. Except that CONTRACTOR shall have the full ability to transfer or assign this Agreement to the surviving entity in a merger or consolidation or to a purchaser of all or substantially all of its assets without the written consent of the COUNTY. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns, and legal representatives to the other and to the successors, assigns, and legal representatives of such other party. 9.3 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.4 TERMINATION 9.4.1 In the event that the CONTRACTOR shall be found to be negligent in any aspect of the service, the COUNTY shall have the right to terminate this Agreement after thirty (30) days' written notification to the CONTRACTOR. 9.4.2 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days'written notice of its intention to do so. 9.4.3 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with thirty (30) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, the COUNTY shall pay the CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to the CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. 9.4.4 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' written notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending 11 1272 cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY'S False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. 9.4.5 Scrutinized Companies: For contracts of any amount, if the COUNTY determines that the CONTRACTOR has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the COUNTY shall have the option of (1) terminating the Agreement after it has given the CONTRACTOR written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.4.6 For contracts of $1,000,000 or more, if the COUNTY determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the COUNTY shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.5 CONTRACT DOCUMENTS This contract consists of the City of Charlotte's Request for Proposals (RFP), any addenda, the Form of Agreement (City of Charlotte Contract No. 2017001134), the CONTRACTOR'S response to the RFP, the documents referred to in the Form of Agreement (City of Charlotte Contract No. 2017001134) as a part of this Agreement, Exhibits "A" through "C" attached hereto, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.5.1 The COUNTY purchased the PARK premises with funds received from the Florida Communities Trust, hereinafter referred to as "FCT." As a result, use and operation of the PARK is subject to the provisions of certain restrictive covenants as set forth in the Agreement between FCT and Monroe County, as the FCT recipient, dated March 15, 1994, hereinafter "FCT Agreement," which shall be included in this Agreement as part of the contract documents, by reference and incorporated herein. This Agreement shall be subject to the FCT and County Agreement, if any such provisions are applicable hereto. Should the FCT determine that any portion of this Agreement is in conflict with any term or condition of the FCT Agreement or is in conflict with any relevant provision of federal or state law or administrative rule, then that determination will supersede any contrary provision of this Agreement to the extent of the conflict. 12 1273 9.6 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, the CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from the COUNTY's competitive procurement activities. In addition to the foregoing, the CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether the CONTRACTOR has been placed on the convicted vendor list. The CONTRACTOR will promptly notify the COUNTY if it or any subcontractor has been formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.7 MAINTENANCE OF RECORDS The CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five (5) years from the final payment or termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the final payment or termination of this Agreement. Right to Audit Availability of Recoidr. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance 13 1274 rebates and dividends; any other supporting evidence deemed necessary by COUNTY or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by COUNTY's representative and/or agents of the County Clerk. COUNTY or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractor's representatives. All records shall be kept for five (5) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor employed by the COUNTY or County Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,running from the date the monies were paid by the COUNTY. The izgbt to audit provision survives the termination or expiration of this Agreement. 9.8 GOVERNING LAW,VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and the CONTRACTOR agree that venue shall he in the 16`'Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.9 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 14 1275 9.10 ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.11 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the CONTRACTOR and their respective legal representatives, successors, and assigns. 9.12 AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.13 CLAIMS FOR FEDERAL OR STATE AID The CONTRACTOR and the COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 9.14 ADJUDICATION OF DISPUTES OR DISAGREEMENTS The COUNTY and the CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 9.4 concerning termination or cancellation. 9.15 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and the CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The COUNTY and the 15 1276 CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.16 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The parties agree that there will be no discrimination against any person and it is expressly understood that, upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352),which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion national origin ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.17 COVENANT OF NO INTEREST The CONTRACTOR and the COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.18 CODE OF ETHICS The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 16 1277 9.19 NO SOLICITATION/PAYMENT The CONTRACTOR and the COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES / ETHICS CLAUSE The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision, the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage gift or consideration paid to the former County officer or employee. 9.21 PUBLIC ACCESS. Public Records Compliance. The CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The COUNTY and the CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: 17 1278 (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY'S custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR 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 contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY'S custodian of records,in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the COUNTY'S request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY'S option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470, BRADLEY-BRIANkMONROECOUNTY-FL.GOV, MONROE Zs 1279 COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION 19 1280 The CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, Scrutinized Companies Vendor Statement, and a Drug-Free Workplace Statement, attached hereto as Exhibit "C" and made a part hereof. Signature of this Agreement by the CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract fee and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the CONTRACTOR and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The CONTRACTOR shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. 9.30 UNCONTROLLABLE CIRCUMSTANCE Anv delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of 20 1281 Cod; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (\vhether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, an "Uncontrollable Circumstance"). The CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by the CONTRACTOR under this Section. The CONTRACTOR shall give the COUNTY written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. The CONTRACTOR shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The COUNTY will not pay additional cost as a result of an Uncontrollable Circumstance. The CONTRACTOR may only seek a no cost extension for such reasonable time as the COUNTY'S Representative may determine. 9.31 ANNUAL APPROPRIATIONS Performance and obligation by the COUNTY to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the CONTRACTOR beyond that already incurred by the termination date. 9.32 PUBLICITY The CONTRACTOR shall not use the official seal, logo or any other image associated with the COUNTY nor represent that the COUNTY has endorsed the products or services of the CONTRACTOR without the specific authorization of the Monroe County Board of County Commissioners in accordance with Chapter 2, Article II, Subsection 2-29(b), 'Monroe Count`Code:. 9.33 ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Monroe County Board of County Commissioners, and signed by both parties before it becomes effective. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 21 1282 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. 1 23 - BOARD OF COUNTY COMMISSIONERS Kevin Madok,Clerk . OF MONROE COUNTY,FLORIDA �s 9y4 ,N By: By: As e uty Cler Mayor/Cha an (Seal) CONTRACTOR: PLAYCORE WISCONSIN,INC., d/b/a GAMETIME, Attest: A Foreign-for-Profit Corporation By: By: Printed Name: Prin ed Name: F2nb npminiCg Title: Title: President/-dr; Corporate Seal is not at this location as this office is not the corporate office; it is a registered agent's office. Florida Nota END OF AGREEMENT Notary Name: Courtne-IL. Crawford Commission Expires: 07/26/2025 ghoNpDE CouNTY ATTORNEY'S OFF.iCE f� COUFtFN�'f In.CR►�WFORD---a +JEO jAS Ti? QR�A * ¢ Commission#HH 1 N051 Expires Jut i(i,2025 PAZR{MEA9i.ES �`oFF1oQ BaWadrnuBUdget�OGrySavleesL ASSISTANT COUNTY ATTORNEY DATE: . 5/1Q 2002 22 1283 EXHIBIT (CV9 SCOPIE OF SERVIECIIIE'S W11.1-1 R..A.,irES/C0S]l..'S 23 1284 GameTime 05110/2022 old Dominica Recreation Products,Inc. Quote# P.O.Box 520700 103390-01...03 Longwood,FL 32752-0700 P['X,,.,,(C0RE 800432-0162*407-331-0101 Fax:407-3314720 www.lrhiydrp i oin Key Largo Community Park - Revision 2 Monroe County Ship to Zip 33037 Attn:John Allen 500 Saint Croix Place Key Largo,FL 33037 Phone:786-847-3358 alien-john@monmecounty-fl.gov Goun,y k ftout ssnd&r otFgh giade County to rernove affcia reril ptaygmiend 191qu�pnlent&fiCniters (,'ouMy to do pifvate ioa�a es of under-oround utififies/ws,es and mroofe if neces,MrY County tosupp)y 1AD4 ai!!�cess to ptaj(gPmwd :�Ir nerisssW)« CouMy to nmve chain fiM gates kv access lor MxoptY to hlenliry mot zone for curb CurrpM 30'a(30'fabfis shade to remam R%'o current 12'X 10 14�0r-jd sheM:Hs P0 mn'Wn C,ui rent sfte pfan,A,ut ve y m not in!1uded ir i prich, wffl form requit ed foi pe)n&mg 7o b e stepphed by av,niqr �3'tag�ngarq,a A)rconstrm!!bm eqOpmenfrnust be,prowdwf by owner 405 Curb GT-Impax-Concrete Curb(in.ft.)6"x 6"- $31.50 $12,757.50 4"Wide-Not Reinforced 1 RDLI GameTime-All Playground Equipment Shown on topview $154,430.00 $154,430.00 2 Sealed "tar Plus-Signed/Sealed FBC 2020 7th Ed Building Code Drawings $1,025.00 $2,050.00 INSTALL 5-Star Plus-Five Star Plus Playground Installation Services- $47,865.00 $47,865.00 Performed by a Certffied Installer,includes meeting and unloading delivery truck,signed completion forms,site walkthrough,90 day site revisit by installation foremen,and 3-Year Labor Warranty! 8500 Crush GT-Impax-Crushed&Compacted Stone Sub-Base(sq.ft.)- $3.75 $31,875.00 Warranty to match Surfacing Warranty(5-years).Installed per specification of Unitary Surfacing requirements. 8500 Poured- GT-Impax-Poured Rubber Surfacing-8'fall height- $18.87 $160,395.00 8 50%Standard Color-Aromatic Binder-3.5"Thick with 112'EPDM wear course cap-5-year warranty turn down edge @ sand area Includes 6 large 100%color leaves,duck foot prints and frog prints Materials and installation OMNIA Page I of 3 """Pau, ", 1285 GameTime 05/10/2022 clo Dominica Recreation Products,Inc. Quote# P.O.Box 520700 103390-01-03 Longwood,FL 32752-0700 800-432-0162*407-33 1-0101 Fax:407-331-4720 www'pNydrp comi Key Largo Community Park - Revision 2 I Permits 5-Star Plus-Building Permits- $2,500.00 $2,500.00 Estimated Costs of Permits plus 7-1me.If actual permit fees are significantly higher or lower final invoice will be adjusted accordingly.Includes two visits to the permit office,if additional Ume spent acquiring permits,Anal invoice to be adjusted. Site Plans are to be provided by the owner for the permit application. Sub Total $411,872.50 Discount ($50,019.51) Material Surcharge $21,854.77 Freight $15,765.95 Comments Site access for construction equipment and staging area must be provided by owner. This quote was prepared by Gina Wilson,Vice President I Senior Project Manager. For questions or to order please call-800-432-0162 ext.101 giijaly@ggg�efi &2111 All pricing In accordance with Ominla Partners I U.S.Communities Contract W2017001134, All terms in the Omnia Partners I U.S.Communities Contract take precedence over terms shown below. For more information on the Omnia Partners/U.S.Communities contract please visit Q.U1Wg 7g ng T]D& E� L Permits are not included In cost,unless specifically listed In pricing. If permits are required Signed/Sealed drawings are needed and are also not included unless specifically listed in pricing.Any costs for muncipal permits,paid by installer,will be charged back to the owner.Adding permits to any job will increase the length of completion,expect total time to be about 159-daya,after receipt of Site Plan from owner/customer(this is not due to manufacturing but rather the permit process at the muncipality level).It is expected that the owner will provide approved site plans of the area for the permit office,and will help and assist in the securing of all required approvals before assembly of equipment can begin.Installer cannot provide site plans. The g2rmit process can not begin until aRREQRriste and current 5119 RISDA are provided by owner. If there are no current surveys or site plans available,the owner may be required to obtain a new survey for the permit. This is the responsibility of the owner to obtain. If additional permitting requirements are needed during the process,those will be added and billed accordingly,i.e.soil density test,formed footers, etc. Payment Terms:Governmental Purchase Order. Purchases In excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization,must be received with the order.The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices:Invoices will be generated upon services rendered. When equipment ships it will be invoiced separately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing:Firm for 60 days from date of quotation. Shipment:F.O.B.factory,order shall ship within 60 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing,if not already included,unless a tax exempt certificate is provided at the time of order entry. Exclusions:Unless specifically discussed,this quotation excludes all sitework and landscaping;removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation; safety surfacing;borders;drainage;signed/sealed drawings;or permits. OMNIA Page 2 of 3 1286 GameTime 05/10/2022 cJo Dominica Recreation Products,Inc. Quote# tf P.O.Box 520700 103390-01-03 Longwood,FL 32752-0700 800-432-0162*407-331-0101 Fax:407-3314720 www,11Aaydrp,com Key Largo Community Park ~ Revision 2 Installation Terms:Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore,GameTime,nor Dominica Recreation Products. If playground equipment,installer will be NPSI and Factory Trained and Certified. Unless otherwise noted,installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps,rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. Unitary Surfacing Notes:The installer of the Unitary Surfacing(Poured,Bonded,Turf,Tiles)is not the same installer of the playground equipment. However,your certified equipment installer will coordinate the timing of the unitary surfacing installation,but more than likely they will not be on-site at the time.They will continue to be your contact should you have any questions.Security is needed to protect surfacing at night or after installation as the product set.Normally it is not needed or a concern,however in some areas additional security is needed to prevent vandalism.§&QWhyJ1 not included. Vandalism will be the responsible of the owner, ORDER INFORMATION BfllTo,n. ...................................................................................................................................... Ship To: ....................................................... ............................................................... .................... Contact: .................................................... ................................................................................. Contact: Address: Address: Address: Address: City,State,Zip: City,State,Zip, Tel: Fax: Tel: Fax., SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) &SIRInflusumabligm Accepted By(printed): P.O.No: Signature: Date: Title: Phone: E-Mail: Purchase Amount:$399,473.71 ,OMNIA z*PV491nt Page 3 of 3 U I 1 1 1287 EXHIBIT "B" ..ON'CIEPT't.JA.I.. 111"'MIAWING OF Pl.-,A.'YGR.OIJNI) ANDEQuIPMEM." 24 1288 U H IUII // ' .,..�.....�...� i, w Mail, Y I u �5 V II� r r Y f y, v l w b llf j, Ur 1289 EXTUBITC4,C) COUNTY FORMS 25 1290 19014-COLLUSION AII::�111:�IDAVIT' ...............................................................of 11,re accordiing to law on rny oath, aind under penaity of perjury, depose aincJ say that: 'I I Ip a r m, ............................................_................. of die firITI of DRP a iRe " teredAgent_gf F."igy Lit-411-1131. _ 112c....dba Ganiefirne the proposer,rnaking the PiroposW for,the project described in the riotice forr cafling for' proposais for: Monroe Coqnij �- Key La!2L) ComimuNity 1`1�1 I.I.I.I.I..,.,.,.,.,.,.,.,.,.,.I....................- .......... .......... ............................................................................................................................... airrd that II executed the said preal sai with fi.fli authority to do so; 2u "'rhe p6ces M this proposal have been arrived at indeperiderilly without (-.ollusion, consUltation, corrainunication or, agreeiment for"the purpose of restricting cornpetifloin, as W any rnatter r6laflng to such prices with ainy otheir proposer or with any cornpetitoir; arid 3. Unless otherwise required by iaw, the pirices which have beein quoted in this Ipii oposal have not been knowingly disdlosed by the proposer and will not Ikinowingiy be disclosed �key the proposer prior,to proposal opening, dir-ectly oir indirectly, to any other proposer ou to any coirnj,)etitoir; and 4. Ica attempt has beein made or will be made Iby the proposeir,to induce any other persoin, partneirship or, corporation to submit, or not to subrnit, a proposal for the puirpose of restricting cornpetitiorr, and "111he stateffients contairied rn this affidavit are true and correct, and rinade with fUH knowiedge that Morg Counly r ies upon the truth of the staterneints contairied iri this alp affidavft in �W xx%:,e t i spid project. ...................... ..................... .-MI/21D22................. W" paw"re d0irow 0) (Date) S11"A"I"E OF: Florida .1.1.1.1.1.1.1.................................. ........................ COUNTY OF- Seim�lnoie .............. ........................ Subscrilbed aind sworn to (or,affirmed) Ilaefore rne, by means o4phy mire al far eserncco or,IEJ orfline notaiiization, on 05/11/2022...... ..........(date) by, Rob Dominica ....................................................------ ......... ................ (inarne of affiant). He/Stie is-16ersoinally known to rne or has piroduced .............................................. (type of identification)as ideintfication. NOTARY I-NYBLI My cominnission expirc,,s'.. COURP&1�,CRAIIr,,,M 26 1291 LOBBYING D CONFLICT OF IN I"ERE,`5T tlL. USE —--------- �� °tt'EII�IIT IIII'� l '�ttt��II ��, �� ---------------—- II' � � MONROE C UN'l-Y', FLORIDA ETHICS L ...._......... I y fume i ns� fl.„..sInc...(Ib ...',a metii�„ ............. _......... ............... ....._....................................... (Company) °"... w arras nts that Iln /sIhne/ft has snot ernployed, retained or otherwise ise had act on hull/Il°Hein/ its Ib half ainy t�o rrn•ner County officer or employee in violation of Section 2 of rdinn rnm% No. 10-.. 1990 or, any County officer or ernpioyee in vi Iatl rn of Sectloin 3 of OirdMance No. 0'10-10 0. For bu°eadl n or v°�o l ton of this pr vl f irn the County may, in its discretion, terrniinate this contract without Il hroflluty and um y also, fn Its discretion, deduct frown the contract or uarci' se price, or otherwise recover, the tuall arnourit of any fee, ounornnrrdssionrno r°c irnla Itt„ oar- co in fdeirafloon l:)alid to the for°rrner County officer or un„nll"n ogee". ..... ........ e.. (Signt Date: /11/2022 1If°' m'tE OF:: or6d C()LJN'If'Y OF".. en"flrnole Sulbscribll and sworn to ( r ffli°ir ed) Ifnefoire rne, by irnea n ont phnysi amnl presence gar.13 oarnlllrn nofair�za (un rr�n �, o�ntu attn�uArit� l %Ino� 'urn the �onrn� IVly...k noaw n..ton m o r has produced(ot�:at: � Itny„ Rob Il r rrlimnor �n ...If� n" t fnn... __________.. mmmmmmmmm ...._. .. ana fol irntutur,abonr�nw ( yll tific ntfionicn) NOTARY PU LI . ;:.... y �w I " � / / 02 .� yrU (�r onovn ''!wto r SUN c¢wmr—nl sliver"n �.xpii o ...._ �r � 20,,2025 (SEMI[..) r 00000a ram, 27 1292 DIRUG-FREE W0RKPI,ACJ.;, 1�011:01 ['he imdersigned vendor in accordance with Florida Statute, Sec, 287.087 hereby certifies that: J: f�m YVasonsin ling. dba Garnetime ....................-........................ .................................................................................................................................................................................................................................... (Name of'13-usiness) I Publishes a staternent notifying ernployees that the tuflawful, manufacture, distribution, dispensing, possession, or use of as controlled substance is prohibited in the workplace and specifying the OrCtiorjS that will be taken ag - aoris of such prohibition, ,ainst employces far violti I Inforins err ployces about the dangers of drUg abuse in the workplace, tire business's policy of maintaining a drug-ftee workplace, any available drug cotinseling, rebabilitation., and einployee assistance progranis, and the pe�nalties that may be imposed upon employees for drug abuse violatiorr, I Gives each employee engaged in providing the commodities or contractual services that aire under proposal as copy of the staternent specified in subsection (1). 4 In the statement specified it'j.subsection (1),notifies the employees that, as a condition of work-ing on the commodities or contractual services that are under proposal, the employee will abide by the terins of the statenwnt and will notify the employer ofany conviction of; or plea of guilty or nolo contendere to, any violation ol"Chaptex 893 (Florida Statutes) or,of any controlled substance law of the United States or any state, for as violation occurring in the workplace n.o later tban five (5)days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation. in as drug abuse assistance ar rehabilitation prograrn if such is available in the employee's community,for any employee who is so convicted. 6. Makes an good faitli effort to continue to maintain a drug--ftee workplace tbroq,.!,h,implementation of this section. As the Person authorized to sigri the staternent, I certify tbat this firyn compli es,16ftly w" u-t`)the above requirements. ............................................. ..... ------- X Pr" 9�` Si nalure 01MM "r S g ,100-6/11/2022 .................... Date STATE OF: F:Iodda COUNTY OF: Subscribed aa.nncl sworn.to(or,affitmed)befive me, by means of4physical presence or 0 online notarization, On 05/11/2022 ,te) by Rob Qomin�ca (nanu--of" .. .................... (da ............................................................... affiant):Vlie/She is personally known to me or has produced .................................---.............................................................................. (type o l'identification)as identification. OW ------ v" COURTUV L.CRAWFORO NOTARY11.1 Bl..,JC, (SEIA1.) coi�lwslkn#HN 1580,51 My Commfission Expirc-,: 07/26/2025 Explf'"MY 26,202S ................................................................... 28 1293 FlUB11 IC EN"i rry CRIKE STATEMEW111 "A person or affifiate who has Ibeein placed on the convicted vendoir ilist ftfliowing a convicfion for pUblic entity crirne may not subrnit a bid on a contract to provide any goods or rvice Ilan a pul)t1c,entity, may not submit a bid on a corift-act with a pUblic entilly for the construction of-,repair of a pul')Hc buildrng or public work, rnay riot submit Ibids on leas(...,�s of real property to putAc erility, may riot be awarded of perform work as an contractor, SUPPIlE',,r, subcontractor, or Cf.O,N"'I F;ZAC'TQl:::� under a contract with arry public entity, and rnay not tiransact busiriess with any puNic entity �in excess of the thirest'*W arrMlrlt provided In Section 287,,017, Floir�ida Statutes, fan ("ATEGORY I WO fanner an period of thirty six (36) rnontlus firolf'ri the date of being placed oil the conv�icted veindor HIM." 1 have read ffiie above and state that ineither V. 6-7 . ......____........................................ (Flroposer's ina,rne) nor any AffiHate has been pllaced oin the convicled vendor tist vvithin 'tt'le last thirty-six (36) rnoinths, S Q Date: ........................................ COUN"ry OF"': Subscribed aind sworn to (or affirmed) before�, Me, by mearis of t'.'.J [, hys cal piresence or F.1. orifte notarization, on the In " , ,day of ...........Kal 2Qg 0 -ne of afflaint), L/She is by ..R !:��........................ (n a personally kinowin to rne or,has produced k k OLd_r'.............................................. (type of identification)as identification. My Commission Expires: (SEAL) 'Wy S'SARAll�'ATWLLO ARAH CATRILLO M '0 YCOM"SlOWHIM6012 xj'jRLs s NOTARY PUBLIC "Pt.'.b"15 ?� 5 29 EXPIRES:SePtember 15,2025 1294 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Playground Equipment and Design Respondent Vendor Name: Playcore Wisconsin....Inc. dba Gametinne Vendor FEIN: 39-1720480 Vendor's Authorized Representative Name and Title: Rob Dominica ® President/dT............ Address: 150 PJa=re--DjJy-e-SE City: Fort Payne_State: Zip: 35968 Phone Number 407-331-0101 Email Address: robd(Waametime.corn Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the COUNTY may be terminated, at the option of the COUNTY, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Certified By: RobDQMjniCa.......................... who is authorized to sign on behalf of the above referenced company.- Authorized Signature:_ Print Name: Rob Dornin' Title:—President/ drD Note: The List are available at the following Department of Management Services Site: opg,[gti2o��p W informafloin/c ended i i�.� in �ory— ts_A gg!.i al gMIgints vendor lic .. .......... ............................................................................ 30 1295 ACC)Ra �zr-mmwDlyyyy) CERTIFICATE 01F' LIIAB1111� ITY IINSI)RANCE 05M 112.022 ................................................................................................ THIS CERTIFICATE IS ISSUED AS A IVIATT'IER OF INFOIRMAT110N 01NIX AND CONFERS NO I UPON "i't-HE CIEKTHI HOILJYEEIR. fltFs CE1't,'n1Fl1CAT1E DOES IIWOT Alr'�IV'H?MXIIIVEILY OR INEC'PAII]VIELY AMEND, Ex'r1i'-.':N1D OR ALTER I-PIE' COVERAGE AFFORDED Ihf1P THE POUCIES T BII TI-111S C1ER'T'IfFl[CATi-.' OF INSUIVIkNCE DOES NOT CONST I'll'UTIE A. COIN'TRACT BlEir'WEEN 'I'll-IIIE ISSLUNG 1INSUIR11ii-T II A1.11110RIZIErit IREIPRESENTA111VIi"..;OR PRODUCER,ANDTIHE ClEffil'WiI HOILDII 10 f the ceillficate holder is an AIDDfTIONAL HYSURIED,the irwolllkIy(le)rinust have ADD111"110NAL,IIII UREI)provisiorns,o:ir ix,endorsedL IV SUIBROGA'noiN IS WAI[VEID, sulbJect to the terms and condtflons of the pollicy, ceirtain policies inay require an endorseniernt, A stateirnei-A on thils eerfificate does not cordeir H191I to the certiflicate holcier In Heu of suclih,endairserneint(s). ...................... ................... PRODUCER '=)NIlI Brenda Young I ops Marsh USA,kic NAME: I..'' - -........................... ------------ "I wo Altanc4,C/anter Nistam.'--------------- (111�995 1074 Zwx -.(AX,'..Nn,EA): ------------------------11------------------------- ---(�'X'vop:� 3560 Lenox RoacI 2.400 EMAIL ADDIRES& brenda,youngelfiI corn Atlanta,GA 30326 ..................--- ----------------------I-----------------..................................... Attn:Atlanta CA�ItRequest@marsh corn Iax:212-948 4321 ...............u!yF E- -------- -------------KAM-#.......... CNM2326389 CAS-CAUft-21-22 INSURER A Evansk��I]Lj� y ................... ................................................................................................ ------------ 4rancp(�xnpan —------ 35378 .................... INStPRED INSURER B Indernirri!y1im Ca(Y Nath Arnerlu� 43575 'IlayGore Wisconsin,Inic, I I........................-- ..........--- - --------- ------------------------------ 11.11a Garnet irne INSURERC ACF 0jirty-AndCasuill Ins Cc 20699 -1 1 �E�-2 ........................y........................... ----------................................ 150 PlayCoie Drive K rNSURER[r)�ACE Amerlcai Insurance Cornrmx�y 22667 Ii Payne,Al 35967 11............................------------------------------------------------ ---------- ---------- ---------........................ H4SURI.'rR ir,�National Unktn FIrc Ins Co,of I'Itts t i 1�PA 194145 ......................................................................................-��g ---------- ---------------------------------------------- WSUIREIR F�ACE I:�oinr UndervaiierS 1'srn11arTC(1 20 702 ....................................................... mmm COVERAGII CIER1111I rE NUMBiUR: ATL-005433040-00 REVIS110N NUMBIER� 0 ............................................ ........................................................... JjC-rrll�,[) 1 11 THIE POILEY PERIOD Fi";�" DIE 711FY THAT-11-FIIIE POILICIIIES 011l::INSURANCE , -: iAV1::: IBEEN ISSUED FoTHE INSUIRIED INA4E11l)ABOVE FOR INDICATED, lyl0iWITHSTAII ANY 1UEOUI2EMEN-1, TERM OR CONDII rrorq OF: ANY colq'i-IRACII MR OT11 1EIRII'OCUMEN"T ffl 1H RIF.HSPEC F TO WHICH rics CERTIFICKIE MAY BE ISSUED OR MIA)✓"PERiAlIN, -IFIE 11INSURANCIE All:11l:01FIDED BY THE POLICIES DESCRIBED HEREIN IS SLJB,JECr'iO ALL THE HERMS, EXCLUSIONS AII C,0191:)[1 IONS OF SUCH POL Cll.".S.LIMITS SI-10VVIN MAY HAVE BEEN REDUCED BY II CLAIIII ------------------------------------------------------------------ — ------------------------------------------- -------------------------------- ----------------------------- - ------------ ............I........................................ iloUTYPE OF PINSURAINCII: ADDL SUIDR Por-licy EFF PG5G1?7" 0 1.111millf's ................. ...................................... A X COMMEIIfCIAIL,GIENERALt.11ABIII6.IIIY MKLV2PBC001 196 08911/2021 08IC 112022 EACN�OC"�C'URRENCE 2,000,000 CLAWS MAD AM X �OCCUR IYAMAGE T-0-FRENTED----------------------------- 1100,000 APPROVED BY RISK MANAGEMENT ......-----—----- X SIIR$250,000i'lerOcc, W:D EXIP(Any one person) $ EXCLUID1111) .............---------- ---------- By,.. .... REIRSONAL&ADV INJUIRY a 2,000,000 ------ ........ DATE 5 1 ................I--------- G.EN'L AGGREGATE LIMITAPPUES PER: WAVER NrA YES GENERAL AGGREGATF. $ --------------------1......................... POUCY Dy' J'E"COT- 0 LOC I-R 0 D L J C TS-COM 1:VOP Aar 4,000,000 'Y AGGREC 1010(m,000 HER� POLIC ATE _T11—ki 1125-5................................................—--—---------------------------------- ---(',",0 P,�5'r N'E D S'o NI I—Q..E UP I'T.................. AU.I'011WOBILE LIARILI 11 Y 58030 0810112021 0610112,022 Ea acrideirc $ 1,000,00D ------ . ............................_------- X ANY AUTO s OWNED SCHEDULED .................. ........................... ----- Au'ros oNLY AUTCO RODRY INJURY(Per acddeno $ HVMD NONI-OWNIED -- --PR(—)PERT -[)AIqAG'E- ------------------ ----- Au'ros ONLY AU1 OS 019LY -111cew—acx-dent) Cornp,lColl.Ded,�$1,000 $ EACHOCCURRENCZ a X UMBIRELLALIAS x ';............................................. XEUG71549501 003 081JI/2,021 10,wo'cilgo .......... ------------------------------------ EXCESS LIAB LAWS-MADE RETEN'll ION Unib Catastrophe$25,000 T�ylcl`:"F:11 AG(GREGATI--------------- a 10,000,000 roirg$0 a x .P.T.................... .... ...................... 6IRKERS COMPENSATIOW..................................... ...............................................U67717M-Yi "OFT 76-22........... r?� AIND EMPLOYERS'LIABILITY TlNkru i............ FEE R YIN 8CF C67821919 .1...... -------------------------- 1,000,000 ANYPROPIRIE 11 OWPAR'r NER11EXECU WE 08/0112.021 00112.022 OFF I K'EIRWE MRMs EXCLUDE.15? NIA E-1,EACr r ACCIDE11,11 Jr (Maindatoryin NHI) 8CF C67821877 00112021 (2101/2022 E.IL,CHSEASE-EA EMPLOYEE $ 1,000,000 -------------- 1,000,01011 Uss,describe under Addifiorial Rage) E.1-DISE $ POLICY 11, ......................................................... ...................---------.................—2. . %111 ............................................. E ExcessUm1brella 5 3,43 ($0/2,021 0810112022 Each Ckuvreric"'c 15,000,OOD Aggregate 15,000,000 ................................ ....... ...... .. ................................ .............J.......................................................... DESt,Riiipir�ONOFOIPERAT'901NSIII..00A:r�O��$SIVF.-,I�IIIICL.ES (ACORD 101,Addifflonar Remarks Schedule,may tra atWciwd ifmcirs space Is requillired) RE: All Jobs Monroe County BOCC is listed as additional insured as their interests may appear,during and until completion of the referenced project,on a primary and non-contributory basis via attached CG 2010,when required by written contract. A Waiver of Subrogation applies in favor of the additional insured on the Workers Compensation policy,when required by written contract, ............................................. ................................................................11.11.1.1.1.1.............................. CERT'0CATE Ff01l-DII'-'IRL C A I C 1`21JI AT]ION .-.-............................ ........... ................................. .................................. ................. ................ Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLACIIIES If E CANCELLED BEFORE 2798 Overseas I fighway,Srflie 400 THE EXPIRATION DXTE THEREOF, I WILL., BE, DELIVERED UN Marattion,FLL 33050 ACCORDANCE VVITH THE P011-1I PROVIISIIONS. .............. .................................. ................ AUTHORIZED R11EPRESENTATIVE f IMaarsh USA Inc. ...... ............................................ TION.�Ad[riql1its reserved, ............................................................................................. ............................................................ ACORID 25(2016103) 1 ACORID earn arld logo are regilsteered iniarks of ACORID 1296 AT:w05kNC"Y CUSTOMER(V w:"N102326 8,9 D,..CC 1T: D,B�nta ............. _.....w.w.w. ........� �1 . �� Ill��lll! .-...........�_�__ '_IHulll ___--_ .................1-1-1-w...................-1------------ .......... AGENCY WMA41M ED INSURED U RE'r.',b Mar4 USA,Inc. PlayCore Wisconsin,Inc. __ ...............1- __,_,_,_,_,_,_,_ _____,_,_,_.. __,_,_,_,_,_,__ Doe GameTime PCLMY NUMBER ER 150 PlayCore Drive SE Fort Payne,AL 35967 ------------------------------------------------- TIHIS ADIIDIII TIONAL,IREMARKS NF"'ORI I IS A CT:HI DDULE TO ACO,RD FORM, F-01RIM NUMBER, _25 IRTITL Irtlif cafe of I ialbi�iiy lrtSA �lY(! -----.__ M Workers'Compensation(Continued): WLR C67821956-AL,AZ,CA,CO,FL,GA,IL,IN,KY,MI,MN,MO,NV,NY,OK,OR,PA,SC,TN,TX,UTVA SCF C67821919-CA,CO,FL,GA,IL,IN,MI,MN,MO,MT,NC,NM,NV,NY,OK,OR,PA,SC,TN,TX SCF C67821877..Wisoonsin(WI) , I .M __ ................ .______ �a � ww il, ,........ ,, COIED 1D1 2008101 @ 200 CORD C ........... .. fRA 1I NIU rights reserved. a 'rhe ACORID maamame acid logo am m,egiisfered inairks rap'A.COIIIRID 1297 INSUIREd' 1"LAYCORIE GROUP, INC POLICY EFFEC.'rUVE DATES: 08-01-2021 -08-01-.2022 POUCYNI JIMBER.- MKLV2RBC001 196 COMMERCIAL GENERAL LIABILITY CG 2010 04 13 THIS ENDORSEMENTICHANGES THE POLICY. PLEASE READ IT CAREFULLY ADD1710NAL INSURED OWNERS, LIEESSEES OR MIT CONTRA aroizs .- SQ11-,-1EDUL.1,.-1.D PEFiSON OR ORGANIZATION This endorsement modifies insurance provided under the foHowingl- COMMERCiAL GENERAL UARILITYCOVERAGE PART SCI IIEDULE .. ................ ............. ............................-1.1.1...............—................................................--.-.............................. Narrie Of Additional Insured Plersoil Iniz, thln� ......... ..o..........tlo.....n!92nredOrv......r..atlon( % s As required by written contract,executed by both parties All locations prior to loss -----........... ...........------- ............. Information required t o cmplet1this,Schedule, if no a t shown bove,will be shown in the DecWrations. ..........--....Mn A. Sect�ion 11 -, Who Is An Insured is amended to 1. All work, including rnatedais, pwis or, include as an additional insured the 1person(s) or equiprnent furnished in connection with such organization(s) shown in the Schedule, but only work, on the pr9ject (othe se r than rvlce, with respect to flablfity for, "bodily injury", "property trairiteinance or repairs) to be perfOirm(ad Iby or darnage" or "personal aind advertising injury" on behalf of the additional Insured(s) at the cau.,,,ed, in whole or In part,by, docafion of the covered operations has been 1. Your acts or omissions,or compieted;or 2. That podIon Of "Your' work" out of whIch the 2. The acts or ornissions of those acting ori your injury or darnage awises has been put to its behalf; intended use by any person or organizaLion in the penforrnance of your ongoing operations for otheir than another contractor or subcontractor the additional insured(s) at the locafion(s) engaged in perforrrung operations for a desiginatead above. prlirmipal as an part of the same project. 11--lowever: C. Willi rempect to the Insurance afforded lo these 1. The Insurance afforded to such additiorial additional insur,eds, the fbilowing is added to insured only applies to ttie extent permitted by Section III-Urnits Of Insurance: law;and If coverage provided to the additiondl insured is 2. If coverage provided to the additional IInsured is required by a contract, or agreernent, the most we required Iby a contnact or agm ement, the MU pay oin behalf' of the additional insured is the insurance afforded to such addlitionall insured a nount of ins urairice: will not be broader than that whicl-i you are 1� Reqtjir(wudbytdie contra a(,,i,,or�agr'peiiieiiit,,oir rc-.'quked by the contract or agreement to provide for such additional insured. B. With respect to the Insurance afforded to these additional lrisureds, the foflowing additiondl exciusions apply: T'Ns insurance does not apply to "bodily Mjury" or "propefty darnage"occurring after: CG 20 ,10 04 13 @ Insurance Services Office, Inc.,2012 Page I of 2 1298 If coverage proMed to the addiflonal insured is 2. Available under the applicable L.Airnits of required by a contract,or agreement, the most we Insurance shown!in the Declarations; will pay on behalf of the addifionW irlStged is the wt-fthever is lessa amount of lnsurrqncea: ThiJs endorseiinent sha lil not increase the I., Required by the contract or agreement, or appftable L.Ardts of insurance shown in the Dedlarations, C)finsurance SerAces Office, iVnc., 2012 Page 2 of 2 CG 20 10 04 13 1299 fk �C°a�°�^ak��kue,, �k��i- ,ll'�C°�Y xpi,,,'a„yer rafalr p y�II, Olved!k aurora illo 11,3'a,�;n r'��l�llll,�'IU�4�+m h,ia, f l 9 ��N� f ,r m s." r Yla rp� + vi � , l�f��llVd !!"�I ��dl��ll�� al�� r,� r��Y�f�na! �lra,�„��"` `��'�'�+�,��I�+�k��',��"fi'h 17mpr,EulafPbrargkraR'(4ari Parn,ufrrradyr aPF�G��a�i'�x"��„�"�IY�'S iCP�'�;"o„ uraaYtfbaaa alaaa,r �ml 2� ,�w nn^ iY��oruu �w�rP �araY r� tie a �U� ��rP� a� ll khowl,ut IVY r�� lf�`s�^wsa�i�llr�rku ,. kuurr+sf�oaa a"rurarerrra+aro- reap°pas¢ a,ararlP;paa.r amatW.@Kau+iuunnV inwiwa}+raafam+dN�i,INa�I+rgtt"ratiai+rra,rkanYw 9Rr�%�r@ssuaFVy�dnvua�,'a� �� u ];el"' ,il IpVaoaluPslouaaaaut�hrruatr`uU��urn,d�+�r,iffiars�naYuPk„a+llaa+lluai lVo>rlira+r�r�t1a0.1lafra, , a . ." 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