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Home My WebLink About11-18-2024 PR Agendas E sws� C40160MI'sI tiIL 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 CITY OF SEBASTIAN PARKS & RECREATION ADVISORY COMMITTEE AGENDA MONDAY, NOVEMBER 18, 2024 6:00 PM 1) CALL TO ORDER 2) PLEDGE OF ALLEGIANCE 3) ROLL CALL 4) ANNOUNCEMENTS AND AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5) APPROVAL OF MINUTES: Item A: Meeting Minutes from September 23, 2024 6) PUBLIC INPUT 7) UNFINISHED BUSINESS: Item A: Current Project(s) Update i. Riverview Park Planning ii. Backstops at Barber Street replacement Update iii. Born Learning Trail October 26, 2024 Follow-up Item B: Committee Member Park Updates Item C: Upcoming Events at Riverview Park i. December 7, 2024 a. Pearl Harbor Ceremony b. Hullabaloo craft beer event c. Christmas Parade ii. December 8, 2024 Centennial Celebration a. Festivities begin with parade at 10 a.m. and conclude with fireworks at 6 pm. Staff will provide a run of show. 8) NEW BUSINESS: Item A: Bryant Court Playground design and surface selection 9) ITEMS FOR THE NEXT AGENDA AND DATE: December 16, 2024 Item A: 10) ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY' S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. HOWEVER, THE PUBLIC IS ADVISED TO CHECK THE CITY WEBSITE FOR UP-TO-DATE INFORMATION ON ANY CHANGES TO THE MANNER IN WHICH THE MEETING WILL BE HELD AND THE LOCATION. PARKS AND RECREATION ADVISORY COMMITTEE MINUTES OF REGULAR MEETING SEPTEMBER 23, 2024 Call to Order -- Chairperson Drumheller called the meeting to order at 6:00 p.m. II. Pledqe of Allegiance was recited by all. III. Roll Call Present Mr. Mauro Mr. Halleran (Alternate) Ms. Drumheller Ms. White Mr. Renzi Ms. Webster Not Present Mr. Abrahao (Alternate) Also Present Jennifer Cockcroft, City Attorney Richard Blankenship, Parks and Recreation Director Joseph Perez, AV Technical Assistant Janet Graham, Technical Writer IV. Announcements and Aqenda Modifications -- None V. Approval of Minutes -- August 26, 2024 Ms. Drumheller stated that there is one change in the Roll Call. The alternate, Mr. Abrahao, was unexcused at the last meeting. There were no other changes to the Minutes of August 26, 2024. All having indicated they had had a chance to read the Minutes, a motion approving the Minutes of August 26, 2024 as amended, was made by Ms. Webster, seconded by Mr. Mauro, and approved unanimously via voice vote. VI. Public Input Ardich Hale, 756 New Hall Terrace, Sebastian asked about the pool, which is managed by the County. She inquired if this Committee has any knowledge of any recreational developments scheduled for any of the undeveloped land in Sebastian. She said there are three City lots across the street from her property, and right now they are undeveloped. Mr. Blankenship stated that at the present time there are no plans for any type of amenities in that area. He does not know about Stormwater, but for Parks there is no plan. Ms. White suggested how Ms. Hale can keep track any new developments by PARKS AND RECREATION ADVISORY COMMITTEE PAGE 2 MINUTES OF REGULAR MEETING SEPTEMBER 23, 2024 checking the agendas and the City's website. Ms. Hale also recalled that several years ago there was discussion regarding a new community center for Sebastian. She asked if anything has been done regarding that subject. Ms. Drumheller said there is nothing currently being discussed about a new community center. Paul Halleran, Sebastian. He stated that at last month's meeting he asked about a time capsule —if the Committee knew about a time capsule. He contacted the Centennial Committee, and they said that there are two time capsules: one with Vero Beach placed in 1976 and will be opened in 100 years, 2076. The other one is in Riverview Park with no mention of when it will be opened. This one was placed in 2004. He will ask where it is located, and he should have that information at this Committee's next meeting. Ms. White said it would be interesting to know why it was placed in 2004. VII. Unfinished Business Ms. Drumheller called for comments/questions relating to Unfinished Business. Mr. Mauro stated he is still waiting on how much is actually charged for the impact fees. Mr. Blankenship said he will get that information and mail it to the Committee members. Ms. Drumheller said that when she emailed Mr. Blankenship about that before this meeting, he sent out the budget again with the impact fee information. She thinks what the Committee members want to know is, they see all this building, but they are not seeing a lot of money going into our funds. On top of what the fee is, she would actually like to know when it gets paid. She opined that it looks like it should be more. Mr. Blankenship said he will email the Committee members all that information so that we are not speculating on it. Mr. Renzi asked Mr. Blankenship what is being considered for Riverview Park planning. Mr. Blankenship said it is still in conceptual design, and he estimated staff will be bringing that concept to this Committee probably in early November. Ms. Drumheller asked if that will go before a Public Input meeting before it comes to this Committee. Mr. Blankenship said it will go to a public meeting for input. Ms. Drumheller asked if that happens before it comes to this Committee. Mr. Blankenship said it will be very close to that time. Ms. Drumheller said it seems that between meetings she wants to make sure that all the Committee members have some notice before that meeting, as she thinks that most of the Committee members would like to be there A. Current Project(s) Update Riverview Park PARKS AND RECREATION ADVISORY COMMITTEE PAGE 3 MINUTES OF REGULAR MEETING SEPTEMBER 23, 2024 Mr. Blankenship said Riverview Park planning continues. Staff should be coming to this Committee shortly with some conceptual plans. ii. Bryant Court Playground replacement planning Mr. Blankenship reviewed that at the last meeting staff brought a grant opportunity to this Committee for Bryant Court Playground. However, the situation there has changed as far as funding goes. Tonight, later on per the agenda, is approval of a FRDAP application for Friendship Park Playground. Bryant Court is still getting a playground; it is just going to be funded differently. iii. Backstops at Barber Street replacement RFP Mr. Blankenship announced that staff has finally gotten the designs for the backstops. They are being reviewed now, and they will go out on the street shortly. There is a very tight window to get this done because staff wants to get it done before spring ball, but they are in the middle of fall ball now. So, there is part of November, some of December and some of January when this can be done. iv. Special Event Policy Discussion This discussion went to City Council at their last meeting, and what was decided was to just increase the fees for for -profit events -- up the fees and then add some more responsibilities since it is being applied to for -profit events for overtime staffing for Waste Management. That all will be codified shortly and become part of the City's policy. Ms. Drumheller asked regarding when that item is put together, can the Committee members get a copy of the policy. She added that there has been a lot of discussion about fees and how the new fee schedule is going to impact Parks and Recreation. Mr. Blankenship asked the Committee members to keep in mind that there will be two readings because it is an ordinance amendment. He will email it to the Committee members once it is drafted. Born Learning Trail October 26, 2024 from 8 a.m. to noon. Mr. Blankenship thinks FPL and/or Publix are providing the bulk of the volunteers, but it is open to the public. He will send this Committee more information. He added that the trail will be constructed and opened the same day B. Committee Member Park Updates PARKS AND RECREATION ADVISORY COMMITTEE PAGE 4 MINUTES OF REGULAR MEETING SEPTEMBER 23, 2024 Mr. Renzi -- His parks are good. Regarding Riverview Park, he really would like to see the bushes trimmed where the parking spaces are along the river. He suggested trimming them down to about six feet so that people have a view of the river. Mr. Blankenship said the City is very limited on what can be done there. Mr. Renzi said he thought they could be trimmed down to six feet. Mr. Blankenship said that is not his understanding. He will go back to the previous Minutes where this matter was discussed. Ms. White agrees that she would like to see the bushes/trees trimmed to six feet. Ms. White -- Easy Street Park -- She has been walking that a lot, especially at night when it is cooler. She has seen a lot of grass cuttings in the water. Mr. Blankenship said that was just treated approximately two weeks ago, and it does take a little bit of time for the grass/algae to be eliminated. She said there are lots of baby ducks, and they sit in the road and help to slow the traffic down. Mr. Mauro -- His parks are all good except the pickleball courts. One of the wind screens is down on the parking lot side, and the wind screen on the west end is missing completely. Mr. Halleran -- He visited the George Street Park recently and did some personal maintenance such as pruning and weeding. There are also some curb bumpers that had gotten low in the grass. He was able to pry those up, and they look a little bit more presentable right now. He has not been over to Bryant, but that will be the next park he visits. Ms. Drumheller -- Periwinkle Park is getting more use. She goes to the Garden Club Park early in the morning, and there are a lot of folks who go there and sit down and watch the water. She is happy to see that these parks are getting more use. She has not found anything that needs attention in either of those parks. Mr. Abrahao will have to figure out what he is doing with his parks at another time. C. Upcoming Events at Riverview Park i. Coastal Cleanup September 21, 2024 at 8:00 a.m. ii. Gold Star Families Memorial Unveiling September 29, 2024 11:00 a.m. iii. Hunt for Hope Scavenger Hunt September 28, 2024 9:00 a.m. iv. Craft Club Event October 12, 2024 9.00 a.m. V. Community Night Out October 17, 2024 5:00 p.m. vi. Halloween Costume Contest and Movie Night October 18, 2024 5.00 p.m. vii. Living Shoreline Volunteer Days with ORCA October 18 to October 20, 20 PARKS AND RECREATION ADVISORY COMMITTEE PAGE 5 MINUTES OF REGULAR MEETING SEPTEMBER 23, 2024 viii. Junior Blue Water Open October 26, 2024 8:00 a.m. ix. Day of Caring Veterans Memorial 8:00 a.m. Mr. Blankenship said that, unless the Committee members want him to, he will not go through each one of these individually. Ms. Drumheller asked if anyone has any questions on the upcoming events at Riverview Park. Ms. Webster asked regarding the Halloween Costume Contest. Mr. Blankenship asked if anyone wants to volunteer to judge, there will be the standard categories. And we will also have the Pioneer Days category. Whoever wins that will be featured at the December 8th Centennial event. Ms. Webster, Mr. Halleran, Ms. White, and Mr. Renzi volunteered. Mr. Blankenship also addressed the Living Shoreline Volunteer Days with ORCA. That weekend they will be placing several hundred oyster pots right there off of Riverview Park at the kayak launch area. There will be three volunteer days. He will send the flyer for volunteers to the Committee members if they want to participate. Mr. Renzi asked what Community Night entails. Mr. Blankenship said the Police Department sponsors Community Night. He is not sure what all it entails. It is like a national night out event where they highlight the things that the Police Department is involved in. Vill. New Business A. Sunshine Law Training Mr. Blankenship introduced Jennifer Cockcroft, City Attorney, who will be guiding the Committee members through this refresher. Ms. Cockcroft introduced herself and described what the Advisory Committee does and that they get their jurisdiction through the City Council. She then described what the mission of this Committee is. There were slides on the projector on which she spoke about in depth, describing the rules and procedures for the Committee and the rules and procedures for conducting the meetings. She also described the changes regarding alternate members of the Committee and what their duties are. She also reviewed the rules regarding discussions between or among Committee members outside of the Committee meetings PARKS AND RECREATION DEPARTMENT MINUTES OF REGULAR MEETING SEPTEMBER 23, 2024 PAGE 6 Mr. Renzi asked why this has not been done in the past. Ms. Cockcroft explained that there have recently been some changes, and it was thought by staff that it would be good to have the Committees and Boards given a refresher on these matters. B. Florida Recreation Development Assistance Program Grant -- Friendship Park Playground -- $50,000.00 Mr. Blankenship explained that this item is seeking approval of the Advisory Committee to apply for a Florida Recreation Development Assistance Program Grant to replace the playground at Friendship Park. At the last meeting, staff came to you with two similar requests, but again, Bryant Park is going to be funded a different way, and he did not want to waste the grant opportunity. Thus, he is asking tonight for the Committee's approval to proceed with this grant for Friendship Park. There being no public input on this matter, Ms. Drumheller called for a motion. A motion recommending applying for the FRDAPG for Friendship Park was made by Ms. Webster, seconded by Mr. Renzi, and approved unanimously via voice vote. C. Items for the Next Aqenda and Date: November 18, 2024 Ms. Drumheller stated that the October meeting is cancelled because of early voting. Mr. Blankenship said the date for the next meeting will be November 18, 2024. IX. Adiourn There being no further business, Chairperson Drumheller adjourned the meeting at 6:59 p.m. Vicki Drumheller, Chairperson Jg Date: CITY OF SEIBAS--t HOME OF PELICAN ISLAND PARKS & RECREATION ADVISORY COMMITTEE AGENDA TRANSMITTAL FORM Board Meetinq Date: November 18, 2024 Agenda Item Title: Discussion and selection of Bryant Court Playground design and surface. Recommendation: Staff recommends the design as presented with the artificial surface. Backqround: Bryant Court playground was slated for replacement in 2025. The city has received a donation in lieu which we allow us to greatly upgrade the playground size and make it more ADA accessible. If Aqenda Item Requires Expenditure of Funds: Total Cost: $75,000 Attachments: 1. Photo of existing playground. 2. Option one design with mulch surface. 3. Option two with artificial surface. Miracle Recreation Equip. Co 878 E. US Hwy 60 Miracle Monett, 65708 1-888-458-8-2752 Prepared For: Project Name & Location: RICHARD BLANKENSHIP CITY OF SEBASTIAN Attn: BRYANT PARK PARKS, RECREATION and PUBLIC CITY OF SEBASTIAN FACILITIES 100 VETERANS MEMORIAL 1225 MAIN STREET WAY SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 772-388-4414 (phone) rblankenship@cityofsebastian.org Ship To Address: End User: MERBERT MYLAND RICHARD BLANKENSHIP CITY OF SEBASTIAN CITY OF SEBASTIAN 100 VETERANS MEMORIAL WAY PARKS, RECREATION and SEBASTIAN, FL 32958 PUBLIC FACILITIES (772) 473-0454 (phone) 1225 MAIN STREET mmilon@cityofsebastian.org SEBASTIAN, FL 32958 772-388-4414 (phone) rblankenship@cityofsebastian.org Quote Number: R0093248315 Quote Date: 10/16/2024 Valid For: 30 Days From Quote Date 704SO98JX Product line: TotsChoiceX Age group: 5-12 Components QUOTE: R0093248315 CUSTOMER: 32951304 Project: R009345581718714_02 Prepared by: MILLER RECREATION EQUIPMENT & DESIGN 7745 S.W. 193 LANE CUTLER BAY, FL 33157 USA (941)792-4580 (phone) mrecfla@gmail.com Part Number Description Qty Weight Unit Price Total 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 2 10.00 152.00 304.00 2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 2 15.00 223.00 446.00 7045029 SQUARE DECK (ATTACHES TO 4 POSTS) 3.5" 3 120.00 1,442.00 4,326.00 7046085 WAVY WEDGE WALL WALKER (5' DK) 1 210.00 3,986.00 3,986.00 7046385 GROOVE II SLIDE (5' DECK) 1 200.00 2,433.00 2,433.00 70473845 FOSSIL BLUFF CLIMBER (5' SQUARE DK) 1 180.00 4,275.00 4,275.00 70474051W 30" ID L TUBE SLIDE RH,WDW (5' DK) 1 600.00 5,218.00 5,218.00 704782 CRUNCH STATION 1 5.00 156.00 156.00 704787 TOT ROCK CLIMBER (3' DK) 1 110.00 1,621.00 1,621.00 704796P1 BELL (POST MOUNT) 1 10.00 231.00 231.00 7048485 TWISTER CLIMBER (5' DK) 1 125.00 2,041.00 2,041.00 704851359 SQ TRSFR POINT, OPN HR (3' DK) 1 200.00 2,998.00 2,998.00 7048614 SQUARE ROOF, DOUBLE WALL 2 300.00 1,546.00 3,092.00 11/13/2024 Page 1 of 4 QUOTE: R0093248315 7049071 "L" SLIDE RH, ROCKITE (3' DK) 1 100.00 1,673.00 1,673.00 70495949 ADA STAIRS BETWEEN DECKS W/2' RISE 4' SPAN 1 200.00 4,301.00 4,301.00 70497049 4' ARCH BRIDGE BETWEEN DECKS 1 165.00 4,222.00 4,222.00 714999Z CUSTOMER SERVICE KIT (NO PRICE) 1 0.00 0.00 0.00 718552 3 1/2" OD X 130" POST (3' TO 5' DKS) 2 40.00 378.00 756.00 718554 3 1/2" OD X 166" POST (7' TO 8' DKS) 2 55.00 328.00 656.00 718572 3 1/2" OD X 138" POST ROOF (3'DK OR LESS) 4 40.00 260.00 1,040.00 718573 3 1/2" OD X 162" POST ROOF (3'6" TO 5'DK) 4 50.00 313.00 1,252.00 MR0930 3.5" ARCH SWING- (2 SEAT REQ'D) 1 286.00 2,659.00 2,659.00 MR0932 3.5" ARCH SWG- ADD -A -BAY (2 ST REQ'D) 1 179.00 1,596.00 1,596.00 RiskSign_Included Product line: Freestanding Age group: Components Part Number Description Qty Weight Unit Price Total 787Z RISK MANAGEMENT SIGN - ENGLISH (NO PRICE) 1 0.00 0.00 0.00 Additional Items Part Number Description Qty Weight Unit Price Total 166100 BAG ZIPLOCK 13" X 15" 1 0.00 0.00 0.00 925961 THUMB DRIVE 2GB - MREC 1 0.00 0.00 0.00 INSTALL INSTALL BOOK FOR PP ORDERS 1 0.00 0.00 0.00 BOOK Parts By Other Part Number Description TURF 2574 SF OF PLAYGROUND GRASS INSTALLED Totals: 11/13/2024 QUOTE: R0093248315 Qty Weight Unit Price Total 1 0.00 24,349.00 24,349.00 Equipment Weight: 4,130.00 Ibs Equipment List: $49,282.00 Discount Amount: -$13,996.00 Equipment Price: $35,286.00 Freight: $2,853.83 Installation: $12,225.00 Products by Other: $24,349.00 SubTotal: $74,713.83 Grand Total: $74,713.83 Page 2 of 4 Notes CUSTOMER IS PURCHASING FROM SOURCEWELL, MIRACLE'S CONTRACT # 010521-LTS. This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ("Miracle"). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully -signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terns are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734154, Dallas, TX 75373-4154, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number: R0093248315 Quote Date: 10/16/2024 Equipment: $49,282.00 Grand Total: $74,713.83 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT By: Date: ADDITIONAL TERMS & CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer 11/13/2024 Page 3 of 4 QUOTE: R0093248315 agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully -executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document and retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Rev E 021815 11/13/2024 Page 4 of 4 QUOTE: R0093248315 .4 Miracle Prepared For: RICHARD BLANKENSHIP CITY OF SEBASTIAN PARKS, RECREATION and PUBLIC FACILITIES 1225 MAIN STREET SEBASTIAN, FL 32958 772-388-4414 (phone) rblankenship@cityofsebastian.org Ship To Address: RICHARD BLANKENSHIP CITY OF SEBASTIAN PARKS, RECREATION and PUBLIC FACILITIES 1225 MAIN STREET SEBASTIAN, FL 32958 772-388-4414 (phone) rblankenship@cityofsebastian.org Quote Number: R0093248315 Quote Date: 10/18/2024 Valid For: 30 Days From Quote Date 704SO98JX Product line: TotsChoiceX Age group: 5-12 Components Miracle Recreation Equip. Co. 878 E. US Hwy 60 Monett, MO 65708 1-888-458-2752 Project Name & Location Attn: BRYANT PARK w/ENGINEERED WOOD FIBER CITY OF SEBASTIAN 100 VETERANS MEMORIAL WAY SEBASTIAN, FL 32958 End User: RICHARD BLANKENSHIP CITY OF SEBASTIAN PARKS, RECREATION and PUBLIC FACILITIES 1225 MAIN STREET SEBASTIAN, FL 32958 772-388-4414 (phone) rblankenship@cityofsebastian.org Part Number Description 2740 SWG PART THERAPEUTIC SWG SEAT W/CHAIN (8' TR) 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 7045029 SQUARE DECK (ATTACHES TO 4 POSTS) 3.5" 7046085 WAVY WEDGE WALL WALKER (5' DK) 7046385 GROOVE II SLIDE (5' DECK) 70473845 FOSSIL BLUFF CLIMBER (5' SQUARE DK) 70474051W 30" ID L TUBE SLIDE RH,WDW (5' DK) 704782 CRUNCH STATION 704787 TOT ROCK CLIMBER (3' DK) 704796P1 BELL (POST MOUNT) 7048485 TWISTER CLIMBER (5' DK) 1 1 / 13/2024 QUOTE: R0093248315 QUOTE: R0093248315 CUSTOMER: 32951304 Project: R009345581718714_04 Prepared by: MILLER RECREATION EQUIPMENT & DESIGN 7745 S.W. 193 LANE CUTLER BAY, FL 33157 USA (941)792-4580 (phone) mrecfla@gmail.com Qty Weight Unit Price Total 1 135.00 1,537.00 1,537.00 2 10.00 152.00 304.00 1 15.00 223.00 223.00 3 120.00 1,442.00 4,326.00 1 210.00 3,986.00 3,986.00 1 200.00 2,433.00 2,433.00 1 180.00 4,275.00 4,275.00 1 600.00 5,218.00 5,218.00 1 5.00 156.00 156.00 1 110.00 1,621.00 1,621.00 1 10.00 231.00 231.00 1 125.00 2,041.00 2,041.00 Page 1 of 4 704851359 SO TRSFR POINT, OPN HR (3' DK) 1 200.00 2,998.00 2,998.00 7048614 SQUARE ROOF, DOUBLE WALL 2 300.00 1,546.00 3,092.00 7049071 "L" SLIDE RH, ROCKITE (3' DK) 1 100.00 1,673.00 1,673.00 70495949 ADA STAIRS BETWEEN DECKS W/2' RISE 4' SPAN 1 200.00 4,301.00 4,301.00 70497049 4' ARCH BRIDGE BETWEEN DECKS 1 165.00 4,222.00 4,222.00 714999Z CUSTOMER SERVICE KIT (NO PRICE) 1 0.00 0.00 0.00 718552 3 1/2" OD X 130" POST (3' TO 5' DKS) 2 40.00 378.00 756.00 718554 3 1/2" OD X 166" POST (T TO 8' DKS) 2 55.00 328.00 656.00 718572 3 1/2" OD X 138" POST ROOF (3'DK OR LESS) 4 40.00 260.00 1,040.00 718573 3 1/2" OD X 162" POST ROOF (3'6" TO 5'DK) 4 50.00 313.00 1,252.00 MR0930 3.5" ARCH SWING- (2 SEAT REQ'D) 1 286.00 2,659.00 2,659.00 MR0932 3.5" ARCH SWG- ADD -A -BAY (2 ST REQ'D) 1 179.00 1,596.00 1,596.00 RiskSign_Included Product line: Freestanding Age group: Components Part Number Description Qty Weight Unit Price Total 787Z RISK MANAGEMENT SIGN - ENGLISH (NO PRICE) 1 0.00 0.00 0.00 Additional Items Part Number Description Qty Weight Unit Price Total 166100 BAG ZIPLOCK 13" X 15" 1 0.00 0.00 0.00 925961 THUMB DRIVE 2GB - MREC 1 0.00 0.00 0.00 INSTALL INSTALL BOOK FOR PP ORDERS 1 0.00 0.00 0.00 BOOK Parts By Other Part Number Description Qty Weight Unit Price Total APS 63 APS BORDERS 4' X 12" w/ 1/2 ADA RAMP 1 0.00 3,166.00 3,166.00 BORDERS/ INSTALLED RAMP EWF 180 CY PLAYGROUND FALL MATERIAL BLOWN 1 0.00 9,360.00 9,360.00 INTO THE SITE Totals: 1 1 /13/2024 QUOTE: R0093248315 Equipment Weight: 4,250.00 Ibs Equipment List: $50,596.00 Discount Amount:-$13,996.00 Equipment Price: $36,600.00 Freight: $2,861.00 Page 2 of 4 Notes Installation: $12,225.00 Products by Other: $12,526.00 SubTotal: $64,212.00 Grand Total: $64,212.00 CUSTOMER IS PURCHASING FROM SOURCEWELL, MIRACLE'S CONTRACT # 010521-LTS. This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ("Miracle"). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully -signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734154, Dallas, TX 75373-4154, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number: R0093248315 Quote Date: 10/18/2024 Equipment: $50,596.00 Grand Total: $64,212.00 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT By: Date: ADDITIONAL TERMS & CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 11/13/2024 Page 3 of 4 QUOTE: R0093248315 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Anyone waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully -executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document and retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Rev E 021815 11/13/2024 Page 4 of 4 QUOTE: R0093248315