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HomeMy WebLinkAboutPLAY POWER LT FARMINGTON - CONTRACT - AGREEMENT MISC - PLAY POWER LT FARMINGTONServices Agreement MISC – Avery Park Playground Page 1 of 18 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and PLAY POWER LT FARMINGTON, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ten (10) pages and incorporated herein by this reference. Irrespective of references in Exhibit “A” to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall commence September 1, 2016. Services shall be completed no later than December 31, 2016. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Play Power LT Farmington Attn: Valeria Callaway PO Box 204713 Dallas, TX 75320 City of Fort Collins Attn: Jill Wuertz PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 2 of 18 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, One Hundred Fifteen Thousand Two Hundred Thirty-One dollars ($115,231) as per the attached Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit “A”, Scope of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 3 of 18 into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, in accordance with the warranties stated in Exhibit “A”, Scope of Work and Compensation. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the Exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “B”, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 4 of 18 company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 5 of 18 subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 6 of 18 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney PLAY POWER LT FARMINGTON By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Customer Services Manager Valeria Callaway 8/1/2016 8/3/2016 Services Agreement MISC – Avery Park Playground Page 7 of 18 EXHIBIT A SCOPE OF WORK & COMPENSATION DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 8 of 18 DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 9 of 18 DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 10 of 18 RECREATION PLUS, LTD. INSTALLATION PROPOSAL Installation: Includes digging footers, erecting equipment and pouring concrete for footers. Installation unless otherwise specified does not include excavation, surfacing, edging or anything else unless specified. Rock Clause In the event that soil or rock conditions are such to prevent normal installation time and procedures, the customer will be responsible for additional equipment, labor expenses and delay costs required to complete the installation. Should the situation arise, the problem will be discussed with the customer prior to incurring any additional costs. Underground Utility Clause The customer hereby agrees that Little Tikes Commercial Play Systems, its employees and/or Subcontractors are not liable for any damage done to any type of underground utility on the site chosen by the customer unless the customer has had these lines marked prior to installation. The customer further agrees that without properly marked utility lines, the customer shall be responsible for reasonable costs incurred to repair any damaged utility. It shall be the sole responsibility of the customer to mark, have marked or hire a Professional to establish any and all utility locations prior to Little Tikes Commercial Play Systems, its agents or Subcontractors starting the project. Loose Surfacing Clause In the event that loose surfacing (sand, pea gravel, etc…) is placed in the play area to prevent normal installations and procedures, customer will be responsible for additional equipment, labor expenses and delay costs required to complete the installation. Should the situation arise, the problem will be discussed with the customer prior to incurring any additional costs. DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 11 of 18 DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 12 of 18 WARRANTY DESCRIPTION Limited One-Year Warranty On all products against failure due defects in material and workmanship. Limited Warranty For As Long As You Own The Product On all aluminum posts, steel posts, stainless steel hardware and KidBuilders® steel clamps against structural failure due to corrosion and defects in materials and workmanship. Limited 50-Year Warranty On the impact attenuation performance of LandSoft® Rubber Mulch safety surfacing when maintained to Little Tikes Commercial specifications. Limited 15-Year Warranty On all rigid main play structure plastic, steel, and vinyl coated components against structural failure due to corrosion and defects in materials and workmanship. Limited 15-Year Warranty Against structural failure due to corrosion and defects in materials and workmanship on all Outdoor Training System steel frames. Limited 10-Year Warranty On all ShadeBuilders® steel frames against failure due to defects in materials and workmanship. Limited 10-Year Warranty On LandSoft® Rubber Mulch color steadfastness. Limited 10-Year Warranty On all Naturtek™ products against failure due to defects in materials and workmanship. DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 13 of 18 Limited 8-Year Warranty On the impact attenuation performance and appearance of LandSoft Synthetic Turf safety surfacing when maintained to Little Tikes Commercial specifications. Limited 5-Year Warranty On all ShadeBuilders fabric due to rot, UV deterioration (shades of red are limited to 3 years) or defective workmanship. Limited 5-Year Warranty On all coated steel rope cables and Matrix® steel cables against structural failure due to corrosion and defects in materials and workmanship. Limited 5-Year Warranty On all Clever Climbers™ polyethylene slides, enclosures, main structure, decks, and plastic components against failure caused by defects in materials and workmanship. Limited 3-Year Warranty On KidTiles®, KidTimbers®, Border Panels, Playground Sculptures and all KidRiders® products (excluding spring assemblies) against structural failure due to defects in materials and workmanship. Limited 1-Year Warranty On all Learning Lab Sensory Tables and Tot Tree plastic components against failure caused by defects in materials and workmanship. Limited 1-Year Warranty Against structural failure due to defects in materials or workmanship for all products and components that are not specifically listed above, including, without limitation, all moving parts, such as swing bearings, chains, trolleys, springs, flexible climbers, and play panel mechanisms. The above mentioned warranties do not include any cosmetic issues, e.g., scratches, rope fraying, dents, marring, fading of colors and discoloration of wood due to weathering, and are valid only if the products are installed in conformity with the layout plan and/or installation instructions furnished by PPLT; have been maintained and inspected in accordance with PPLT’s instructions; have not been subjected to DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 14 of 18 misuse, negligence or accident; have not been subjected to addition of substitution of parts; and have not been modified, altered or repaired by persons other than PPLT or PPLT’s designees. Labor and damage resulting from vandalism, abnormal use, incorrect installation, or lack of maintenance are not covered by this warranty. LIMITATIONS, EXCLUSIONS AND ADMINISTRATION 1. The warranty periods set out above shall begin on the date products are shipped from Seller’s facility. Repaired and/or replaced products are warranted through the expiration of the original warranty period. 2. Seller’s Limited Warranty extends only to the original purchaser/end user of products from Seller or Seller’s authorized reseller (“Original Purchaser”). It is not transferable to anyone who subsequently purchasesproducts from the Original Purchaser. 3. Seller’s Limited Warranties specifically do not cover defects and damages caused by: normal wear and tear, such as scratches, dents, mars, rope fray, color fade and surface rust; improper installation and assembly, use, service and/or maintenance inconsistent with Seller’s instructions and product specifications; unauthorized product modification and/or alteration; improper repair; neglect, abuse or vandalism; severe weather and natural disaster. 4. Seller’s sole obligation relative to the above stated warranties is to provide replacement parts, products and materials only. Seller is expressly not required to cover labor charges or costs related to removal, repair, replacement, installation, service or handling of parts, products, or materials. 5. All warranty claims for covered products occurring within the above stated warranty periods must be submitted by Buyer in writing to Seller within thirty (30) days from the date of discovery of the alleged defect, and must include a detailed description and photographs of the alleged defect or problem. Warranty claims should be directed to: PlayPower LT Farmington, Inc. Attn: Customer Service PO Box 897 Farmington, MO 63640 Phone: 800.325.8828 DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 15 of 18 Facsimile: 573.760.7468 Email: warranty@ltcps.com Seller may elect, in its sole discretion, to inspect the alleged defect(s) at Buyer’s site or at Seller’s facility. Buyer shall not return parts to Seller until authorized by Seller to do so. Authorized returns to Seller’s manufacturing facility in Monett, Missouri must be properly packaged and shipped prepaid and insured, at Buyer’s expense. After inspection and verification of warranty coverage, repaired or replacement parts and products shall be shipped to Buyer at Seller’s expense. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri. 6. The above warranty is for repair or replacement only. Except to that limited extent, Seller shall not under any circumstance be liable for any loss, cost, damage or expense of any kind arising out of breach of this warranty or otherwise. Without intending to limit the foregoing sentence, it is specifically provided as follows: SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EVENT WILL SELLER BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT. 7. THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR SELLER’S PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. ADDITIONAL ORDER POLICIES Prices: Published prices are subject to change without notice. All orders are subject to approval by PPLT. All prices are in U.S. dollars. Product prices are FOB Monett, Missouri and do not include freight – freight charges will be added to product prices. Lease purchasing options are available through the Lease Program. Invoice Terms: Net 30 Days. Finance charge of 1 1/2 % per month or maximum allowable by law will be added to past due balance. Sales Tax: Will be added to the invoice except when a tax exempt certificate is furnished. Freight Charges: Products are shipped FOB Monett, MO, Pre-Pay and Add. For orders from Municipalities, Government Agencies, School Systems and Businesses (listed favorably with Dunn & Bradstreet), freight will be prepaid and added to the invoice in accordance with PPLT’s standard freight rate chart. For orders that are to be prepaid, please contact our Sales Department for a firm freight quote before sending your prepaid order. Weights: Shown as DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 16 of 18 approximate and include packing materials Delivery Terms: Within the United States, F.O.B. Monett, MO. For Exports (overseas shipments), typically shipments are EXW (Ex Works Factory) Monett, MO, USA. Consult the PPLT Sales Department for special terms and desired arrangements. Ocean and air freight options are available. Loss or Damage in Transit: A signed bill of lading is our receipt from a carrier that our shipment to you was complete and in good condition. Before you sign, please check this bill of lading carefully when the shipment reaches you to make sure there are no damages or shortages. Once the shipment leaves our plant, we are no longer responsible for any damage, loss or shortage. All claims for loss or damage to product should be reported immediately to our Customer Service Department. All claims for product damage and shortage via common carrier must be promptly made by consignee (customer) direct to PPLT’s Customer Service Department. When reporting damage, be sure to hold all containers and packing materials for inspection (claims should be filed within 15 days of receipt of shipment). Cancellations and Returns: Cancellations will be accepted upon written notification at our offices. Returns will be accepted only when freight charges are prepaid, insured, and we have expressly authorized the return. Please provide invoice number, invoice date, and reason for your return. Parts not included are custom parts, as well as used or damaged parts. There will be a restocking fee for all returned orders and on canceled orders. Specifications and Product Appearance: PPLT has a policy of continuous product improvement and reserves the right to discontinue or change specifications or product appearance without written notice. Freight Carrier Information: All freight is shipped unassembled via UPS (if able) or common carrier. On all common carrier shipments, the customer is responsible for unloading. Inside delivery is available for an additional charge. DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Services Agreement MISC – Avery Park Playground Page 17 of 18 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 New insurance Services Agreement MISC – Avery Park Playground Page 18 of 18 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Holder Identifier : 7777777707070700077761616045571110767717016204447207442027772507300072640577046230130777451517127444707533514637671103075776374271377650763551423006221207724055530076570076727242035772000777777707000707007 7777777707070700073525677115456000732111416026013107033337343172001070223363420621110702233734216200107122227252173110070322362421731000712333625306311107032226252063111077756163351765540777777707000707007 Certificate No : 570063261864 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/01/2016 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). 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. PRODUCER Aon Risk Services Central, Inc. St. Louis MO Office 8182 Maryland Avenue St Louis MO 63105 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED INSURER A: Pennsylvania Manufacturers' Assoc Ins Co 12262 INSURER B: Everest National Insurance Co 10120 INSURER C: Liberty Insurance Corporation 42404 INSURER D: INSURER E: INSURER F: FAX (A/C. No.): (800) 363-0105 CONTACT NAME: Playpower Holdings, Inc. 11515 Vanstory Drive Suite 100 HUNTERSVILLE NC 28078 - 6417 USA COVERAGES CERTIFICATE NUMBER: 570063261864 REVISION NUMBER: 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. Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE Named Insured Schedule AGENCY THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE NAMED INSURED See Certificate Number: See Certificate Number: POLICY NUMBER AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: 570000052633 Aon Risk Services Central, Inc. 570063261864 570063261864 Page _ of _ Playpower Holdings, Inc. PlayPower Inc. (First named insured) Additional Named Insureds Play Holdings Inc. PlayPower Holdings, Inc. PlayPower Finance, Inc. Miracle Recreation Equipment Company E-Z Dock, Inc. Kid Play, Inc. Soft Play, L.L.C. Sprectra Turf, Inc. PlayPower LT Farmington, Inc. PlayPower LT Canada Inc. Play Design International SARL Hags Play Europe AB and its Subsidiary companies, Hags Play AB, Hags Denmark; and Hags-MB-Spelidee GMBH; Hags Swelik SA PlayPower UK Limited and its subsidiary SMP (Playgrounds) Limited E-Z Dock Europe SA But only while the first named insured directly or indirectly owns, during the policy period, an interest therein of more than 50%. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 Holder Identifier : 7777777707070700077761616045571110765727026227554207762315752516310071673674264333300766650406214775707401536424762332077005311523741120756726616313776007724510420163131076727242035772000777777707000707007 7777777707070700073525677115456000773541003573047007335505431370130073201551356330630713332724217300107122336352073111070333262530631100713233625217311007022336353073111077756163351765540777777707000707007 Certificate No : 570063289714 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/02/2016 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). 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. PRODUCER Aon Risk Services Central, Inc. St. Louis MO Office 8182 Maryland Avenue St Louis MO 63105 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED INSURER A: Pennsylvania Manufacturers' Assoc Ins Co 12262 INSURER B: Everest National Insurance Co 10120 INSURER C: Liberty Insurance Corporation 42404 INSURER D: INSURER E: INSURER F: FAX (A/C. No.): (800) 363-0105 CONTACT NAME: Playpower Holdings, Inc. 11515 Vanstory Drive Suite 100 HUNTERSVILLE NC 28078 - 6417 USA COVERAGES CERTIFICATE NUMBER: 570063289714 REVISION NUMBER: 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. Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE Named Insured Schedule AGENCY THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE NAMED INSURED See Certificate Number: See Certificate Number: POLICY NUMBER AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: 570000052633 Aon Risk Services Central, Inc. 570063289714 570063289714 Page _ of _ Playpower Holdings, Inc. PlayPower Inc. (First named insured) Additional Named Insureds Play Holdings Inc. PlayPower Holdings, Inc. PlayPower Finance, Inc. Miracle Recreation Equipment Company E-Z Dock, Inc. Kid Play, Inc. Soft Play, L.L.C. Sprectra Turf, Inc. PlayPower LT Farmington, Inc. PlayPower LT Canada Inc. Play Design International SARL Hags Play Europe AB and its Subsidiary companies, Hags Play AB, Hags Denmark; and Hags-MB-Spelidee GMBH; Hags Swelik SA PlayPower UK Limited and its subsidiary SMP (Playgrounds) Limited E-Z Dock Europe SA But only while the first named insured directly or indirectly owns, during the policy period, an interest therein of more than 50%. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $300,000 $1,000,000 $4,000,000 $4,000,000 SIR $500,000 B Y 09/01/2015 09/01/2016 SIR applies per policy terms & conditions CF8GL00038151 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X X X BODILY INJURY (Per accident) $1,000,000 A Y 09/01/2015 09/01/2016 $1,000 Ded. Comp COMBINED SINGLE LIMIT (Ea accident) 151500-06--52-32-1 XCollision $1,000 Ded. EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $5,000,000 $5,000,000 $10,000 09/01/2015 Umbrella C UMBRELLA LIAB TH7691464580015 09/01/2016 X RETENTION X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTE A 09/01/2015 09/01/2016 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 2015750652321 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Playpower LT-Farmington, Inc., formerly know as Little Tikes Commercial Play Systems. RE: The supply of playground equipment. The City of Fort Collins and Colorado (Avery Park) are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. CERTIFICATE HOLDER CANCELLATION TheREPRESENTATIVE City of Fort Collins AUTHORIZED Purchasing Department PO Box 580 Fort Collins CO 80522 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015 DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $300,000 $1,000,000 $4,000,000 $4,000,000 SIR $500,000 B 09/01/2015 09/01/2016 SIR applies per policy terms & conditions CF8GL00038151 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X X X BODILY INJURY (Per accident) $1,000,000 A 09/01/2015 09/01/2016 $1,000 Ded. Comp COMBINED SINGLE LIMIT (Ea accident) 151500-06--52-32-1 XCollision $1,000 Ded. EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $5,000,000 $5,000,000 $10,000 09/01/2015 Umbrella C UMBRELLA LIAB TH7691464580015 09/01/2016 X RETENTION X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTE A 09/01/2015 09/01/2016 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 2015750652321 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Playpower LT-Farmington, Inc., formerly know as Little Tikes Commercial Play Systems. RE: The supply of playground equipment. City of Fort Collins, Colorado (Avery Park) is included as Additional Insured in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION CityREPRESENTATIVE of Fort Collins AUTHORIZED PO Box 580 Fort Collins CO 80522 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: 9020308D-7A00-4500-A473-F9C406994015