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Agreement with Use Urban Sport Equipment, LLC & orn -36067 AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND USE URBAN SPORT EQUIPMENT, LLC Page 1 of 19 AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND USE URBAN SPORT EQUIPMENT, LLC FOR THE FABRICATION, INSTALLATION AND MAINTENANCE OF URBAN SPORTS EQUIPMENT AT VARIOUS CITY LOCATIONS, PURSUANT TO CITY OF MIAMI BEACH REQUEST FOR INFORMATION (RFI) NO. 2017-216•WG FOR COMPACT MULTI-EXERCISE FITNESS EQUIPMENT A THIS AGREEMENT (the "Agreement") made on NM... b , 2018 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, having its principal address at 1700 Convention Center Drive, Miami Beach, Florida 33139 (hereinafter called the "City"), and USE URBAN SPORT EQUIPMENT, LLC, a Florida limited liability company, with its principal add ress at 407 Lincoln Road , PH- NE , Miami Beach , Florida 33139, Miami Beach, Florida, 33139 (hereinafter the "Contractor"). WITNESSETH WHEREAS, Proposal Documents shall mean City of Miami Beach Request for Information No. 2017-30067 for Compact Multi-Exercise Fitness Equipment, with all amendments thereto, issued by the City in contemplation of this Agreement (the "RFI"), and the Contractor's proposal in response thereto (the "Proposal"), all of which are hereby adopted by reference and incorporated herein as if fully set forth in this Agreement; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: (i) this Agreement; (H) the RFI; and (iii) the Proposal; and further provided that in any case, the precedence will be given to that term/provision which allows the City to enforce this Agreement in the strictest possible terms, and/or in accordance with the term(s) most favorable for the City; and WHEREAS, On October 18, 2017, the Mayor and City Commission adopted Resolution No. 2017-30067 , accepting the recommendation of the Neighborhood/Community Affairs Committee at its September 27, 2017 meeting, approving the placement of various Farah Service Urban Sports Equipment (USE), at South Pointe Park, Brittany Bay Park, Bandshell Park, and the Venetian Causeway for a one-year pilot period; and Page 2 of 19 WHEREAS, pursuant to the RFI, Contractor, which is the United States based company of Farah Services, a Brazilian company, desires to be engaged by the City, for the Term of this Agreement to supply, install and maintain certain Urban Sports Equipment (USE) AT approved City locations for use by the general public at no cost to the City or the public at large (the "Program" or "Service"); and WHEREAS, accordingly, the City and Contractor have negotiated the following Agreement for the operation of a one-year pilot Program. NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby conclusively acknowledged, it is agreed by the parties hereto as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by reference as part of this Agreement. SECTION 2. TERM. 2.1 The initial term (the "Term") of this Agreement shall be for a period of one (1) year, commencing on the date when all the Exercise Equipment have been installed (the "Operational Rollout Date") (the "Commencement Date"), with no renewal terms. 2.2 If the Operational Rollout Date has not occurred within six (6) months from the Effective Date, either party may terminate this Agreement for convenience; following which, each party shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. • . • . . • . The City hereby grants to the Contractor the non-exclusive right, during the Term of this Agreement, to operate the Program, as described herein, generally, in the following Exercise Service Zone and, specifically, upon the following Exercise Areas (hereinafter such areas shall be referred to individually as an Exercise Area, or collectively as the Exercise Areas): 3.1 Exercise Service Zone, The Exercise Service zone shall be defined as the following locations within the City of Miami Beach: (A) Venetian Causeway ("Venetian Causeway"), north swale, between Island Avenue East and Island Avenue West (B) 7251 Collins Avenue ("Bandshell Sand Bowl"); (C) 6450 Indian Creek Drive ("Brittany Bay Park"); and (D) 3 Washington Avenue ("South Pointe Park") (individually referred to as a "City Property" or collectively as "City Properties"), as more particularly delineated in Exhibit "A" incorporated herein by reference and Page 3 of 19 attached hereto. Any modification to the list of Properties contained in the Exercise Service Zone shall be subject to the prior written approval by the City, in its sole and absolute discretion. 3.2 Exercise Area(s). The Exercise Areas shall be designated by the City Manager or Contract Manager, in his or her sole discretion, to be used exclusively for the Program. Within thirty (30) days from the Effective Date of the Agreement, the City Manager or Contract Manager shall approve, in writing, a site plan containing a list of the Exercise Areas, which will be incorporated herein and attached hereto as Exhibit "B". Any change in the location of the Exercise Areas shall be subject to the prior written approval of the City Manager, in the City Manager's sole and absolute discretion. SECTION 4. USEISI. 4.1 Urban Sport Equipment (USE) Services. The City herein approves the type of USE (the "Exercise Equipment"), as set forth in fxhihit "C" hereto, for the operation of the Program. Notwithstanding the above, the City and Contractor hereby acknowledge and agree that the City's approval in Section 2 above, as to the Exercise Areas, and the type of Exercise Equipment, described in Exhibit "C" is given by the City solely in its proprietary capacity, and not in its regulatory capacity. Notwithstanding such proprietary City approval, Contractor acknowledges and agrees that proposed locations of an Exercise Area or the location of an Exercise Equipment within an agreed upon Exercise Area may also trigger and require review and approval by one (or more) of the City's regulatory bodies. Accordingly, in such circumstances, Contractor shall be required, at its sole cost and expense, to obtain any and all required final, non-appealable development approvals and/or orders for such Exercise Equipment prior to implementation of said Program in the approved Exercise Areas. 4.2 Design, Permitting, Delivery, Acceptance and Installation of Exercise Equipment. 4.2.1 Contractor shall provide, at its sole cost and expense, any and all design services including, but not limited to, architectural and engineering services, as reasonably required in connection with the permitting, approval, and installation of the Exercise Equipment and related installation components (collectively, the "Exercise Area Improvements"). 4.2.2 Contractor agrees to secure, at its sole cost and expense, all required approvals from all governmental authorities having jurisdiction over the Program, in connection with the permitting, installation and maintenance of the Exercise Area Improvements. 4.2.3 Prior to the installation of the initial Exercise Equipment, Contractor shall provide the Contract Manager with a demonstration of the Exercise Equipment. The purpose of this demonstration is to observe the Exercise Page 4 of 19 Equipment in an operational environment and to verify its capability, suitability and adaptability in conjunction with performance requirements stipulated in the RFI and as set forth herein. The initial Exercise Equipment used for the demonstration (or any approved upgraded Exercise Equipment, as the case may be) used in the demonstration shall create an expressed warranty that the Exercise Equipment to be provided during the Term shall conform to the Exercise Equipment used in the demonstration. The acceptance of the Exercise Equipment shall be at the City Manager's sole and absolute discretion. 4.3 Project Schedule. Within thirty (30) days from the Effective Date, Contractor and City shall mutually agree upon a detailed written schedule for the fabrication, permitting, and installation of the Exercise Area Improvements, a copy of which shall be attached and incorporated as Fxhihit "D" hereto (as approved, the Project Schedule). The Project Schedule, or specific dates and/or milestones therein, may be extended by the City Manager or Contract Manager, in writing, in his or her sole discretion, upon written request from the Contractor, which notice shall state the reason for the request and the anticipated period of time requested. 4.4 Removal of Exercise Equipment at Request of City. Notwithstanding the approval of the installation of any Exercise Equipment, within a designated Exercise Area, the City Manager, at the City Manager's sole and absolute discretion, may request the removal of any Exercise Equipment, when the City Manager, in the City Manager's sole and absolute discretion, deems that the service of a particular Exercise Equipment is no longer required. Except in the case where exigent circumstances exist, which in the City Manager's reasonable discretion require a shorter response time, the City shall provide Contractor with thirty (30) days written notice of such request ("Request for Removal"). Upon receipt of a Request for Removal, Contractor shall remove said Exercise Equipment in conformance of the terms set forth in Subsection 9.4. 4.5 No Use Fee or Compensation, Ownership of Exercise Equipment. 4.5.1 Contractor agrees that no fees will be charged to the public for use of the Exercise Equipment. Additionally, Contractor will provide its Services at no cost to the City. 4.5.2 Ownership of Exercise Equipment. The Exercise Equipment shall be the sole and exclusive property of Contractor during the Term of this Agreement. SECTION 5. TAXES. ASSESSMENTS. 5.1 Contractor agrees and shall pay before delinquency all taxes and assessments of any kind levied or assessed upon an Exercise Area, the Exercise Area Improvements, and/or on Contractor by reason of this Agreement, or by reason of Contractor's business and/or operations within an Exercise Area or Areas. Contractor will have the Page 5 of 19 right at its own expense, to contest the amount or validity, in whole or in part, of any tax by appropriate proceedings diligently conducted in good faith. Contractor may refrain from paying a tax to the extent it is contesting the imposition of same in a manner that is in accordance with law. However, if, as a result of such contest, additional delinquency charges become due, Contractor shall be responsible for such delinquency charges, in addition to payment of the contested tax, if so ordered. 5.2 Contractor shall also be solely responsible (at its sole cost and expense) for obtaining and maintaining current any applicable licenses or permits, as required for the operations contemplated in this Agreement including, without limitation, any occupational licenses required by law for the proposed uses contemplated in Section 3 and for each Exercise Area (if required). SECTION 6. IMPROVEMENTS. MAINTENANCE and REPAIR. The Contractor accepts the use of any and all Concession Areas provided in this Agreement "AS IS," "WHERE IS," and "WITH ALL FAULTS," existing as of the Effective Date. 6.1 Improvements. In addition to the specific procedures set forth in Subsection 3.2 for the design, fabrication, construction, and installation of the Exercise Equipment, Contractor shall also be solely responsible (including cost) and shall pay for the design, fabrication, construction, and installation of any and all Exercise Area improvements to an Exercise Area, including all site preparation costs, as applicable. 6.2 Maintenance/Repair. During the Term, Contractor, its employees, agents, contractors and vendors may enter upon a City Property at any time, subject to providing the City's Contract Manager with twenty-four hours prior written or verbal notice, for purposes of installing, inspecting, servicing, and maintaining the Exercise Area Improvements. The Contractor, at its sole cost and expense, shall install, inspect, service and maintain the Exercise Area Improvements thereon (as required to operate the Program) including, without limitation, the Exercise Equipment. Contractor shall be solely responsible for the day to day operation, maintenance and repair of all Exercise Areas and Exercise Area Improvements. Contractor shall maintain the Exercise Areas and any Exercise Area Improvements thereon including, without limitation, the Exercise Equipment, in good condition and proper working order. Contractor shall keep all Exercise Areas and Exercise Area Improvements, including all signage installed by Contractor free of graffiti. Many small/light maintenance items may be done on-site by Contractor and/or its approved subcontractors to eliminate or minimize unit downtime, while moderate to heavy maintenance may require the Exercise Area Improvements to be removed from circulation and serviced at Contractor's repair center. No maintenance shall cause an Exercise Equipment to be non-operational for a period of more than five (5) calendar days from the date Contractor undertakes such maintenance. In the event the City knows of, or becomes aware of, any actual or Page 6 of 19 potential claim against the Contractor by any person or entity, or any actual or potential malfunction with the Exercise Area Improvements, the City shall notify Contractor promptly upon notification of such claim or malfunction; provided, however that the City's failure to notify Contractor pursuant to this Subsection 6.2 shall not relieve Contractor of any obligations herein including, without limitation, its sole obligation to service, maintain, repair, and replace the Exercise Area Improvements, as necessary. All damage of any kind to an Exercise Area and any Exercise Area Improvement thereon including, without limitation, the Exercise Equipment, shall be the sole obligation of Contractor, and shall be repaired, restored or replaced promptly by Contractor, at its sole cost and expense, to the reasonable satisfaction of the City Manager or Contract Manager. Contractor shall have service technicians available 24 hours per day, 7 days per week. In the event that an Exercise Equipment is damaged for any reason, Contractor shall, at a minimum, commence repairs within twenty-four (24) hours, and, in any event, complete repairs or (if irreparable), or if stolen, replace the damaged or stolen so that same is fully operational, no later than five (5) days from the time Contractor first becomes aware (or should be aware) of the damage or theft. All of the aforesaid repairs, restorations and replacements shall be in quality and class equal to or better than the original work (or equipment) and shall be done in good and workmanlike manner. If Contractor fails to make such repairs, restorations and/or replacements to an Exercise Area and/or to any particular Exercise Area Improvement thereon including, without limitation, the Exercise Equipment, the same may be made by the City, at the City's sole option and discretion, but without obligation. Contractor shall be responsible for any costs associated therewith, and shall reimburse the City within ten (10)days after rendition of a bill or statement. It shall be Contractor's sole obligation to insure that any renovations, repairs and/or improvements made by Contractor to the Exercise Areas comply with all applicable building codes and life safety codes of governmental authorities having jurisdiction. 6.3 Natural Disasters During periods of anticipated natural disasters, the Contractor will be responsible for securing the equipment in a manner that is acceptable to the City. The Contractor will be solely responsible for any replacements and/or repairs to the equipment as a result of such disaster. Further, any damage caused by the equipment during a disaster, shall be the sole responsibility of the Contractor. 6.4 Orderly Operation. The Contractor shall be solely responsible for the necessary housekeeping services to properly maintain the Exercise Areas. Page 7 of 19 6.5 No Dangerous Materials. The Contractor agrees not to use or permit the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida, on or within any of the Exercise Areas, or on any City property and/or right of way. Contractor shall indemnify and hold City harmless from any loss, damage, cost, or expense of the City, including, without limitation, reasonable attorney's fees, incurred as a result of, arising from, or connected with the placement by Contractor of any "hazardous substance" or "petroleum products" on, under, in or upon the Exercise Areas as those terms are defined by applicable Federal and State Statute, or any environmental rules and environmental regulations promulgated thereunder; provided, however, Contractor shall have no liability in the event of the willful misconduct or gross negligence of the City, its agents, servants or employees. The provisions of this Subsection 6.4 shall survive the termination or earlier expiration of this Agreement. 6.6 Security. Contractor shall not employ any recorded video surveillance without the prior written approval of the City Manager. Under no circumstances shall the City be responsible for any stolen or damaged Exercise Area Improvement, including any Exercise Equipment, nor shall the City be responsible for any stolen or damaged personal property of Contractor's employees, contractors, or agents. 6.7 Inspection. The Contractor agrees that any Exercise Area (including, without limitation, any Exercise Area Improvement thereon) may be inspected at any time by the City Manager or Contract Manager, or by any other municipal, County, State officer, or officers of any other agency(ies) having responsibility and/or jurisdiction for inspections of such operations. 6.8 Signage. Contractor shall not install any signs in the Exercise Areas or on the City property without the written consent of the City Manager, which consent, if provided at all, shall be in the City Manager's sole discretion. City shall be responsible to provide, at its sole cost and expense, and as (or if) it deems necessary, in its sole and reasonable judgment and discretion, any traffic, regulatory or public safety signs, whether related directly or indirectly to the Program. SECTION 7. INSURANCE. 7.1 Contractor shall not commence any work and/or services under this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. Contractor shall carry and maintain the following insurance coverages during the Term of this Agreement: Page 8 of 19 (1) Worker's Compensation insurance in compliance with the Worker's Compensation Act of the State of Florida. (2) Comprehensive General Liability insurance on an occurrence form basis with limits of not less than $1,000,000 per occurrence for bodily injury property damage to include Premises/Operations; Products; Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity, with Hold Harmless/Indemnity provision, with a general annual aggregate limit of$1,000,000. (3) Automobile Insurance shall be provided covering all owned, leased, and hired vehicles and non-ownership liability for not less than the following limits: Bodily Injury $1,000,000 per person Bodily Injury $1,000,000 per accident Property Damage $1,000,000 per accident 7.2 The liability policies affording the coverages described in Subsections 7.1(2) above shall be endorsed to cover the City and its employees, agents, directors and officers as additional insureds. 7.3 Contractor shall deliver certificates of insurance to the City's Contract Manager and renewal policies shall be obtained, and certificates delivered to the Contract Manager, at least fifteen (15) days prior to expiration. The certificates of insurance shall state that the issuing company shall provide thirty (30) days' prior written notice to the certificate holder should any of the policies be cancelled prior to the expiration date. 7.4 All of Contractors certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager. These certificates will be kept on file in the office of the Risk Manager, City Hall, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. The Contractor shall also be solely responsible for obtaining, submitting, and maintaining current and in full force, all insurance for its subcontractors. 7.5 All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. 7.6 Compliance with the insurance requirements in this Section, shall not relieve the Contractor of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Contractor represents and warrants that any insurance protection required by this Agreement or otherwise provided by its contractors and subcontractors shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, Page 9 of 19 contractors, consultants, agents, and instrumentalities as herein provided. 7.7 Waiver of Subrogation. The terms of insurance policies referred to in Subsection 7.1(2) shall preclude subrogation claims against Contractor, the City and their respective officers, employees, contractors, agents, and servants. SECTION 8. INDEMNITY. 8.1 In consideration of a separate and specific consideration of Ten ($10.00) Dollars and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Contractor shall indemnify, hold harmless and defend the City, its officials, directors, members, employees, contractors, agents, and servants from and against any and all actions (whether at law or inequity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its officers, employees, agents, contractors, or any other person or entity acting under Contractor's control or supervision, in connection with, related to, or as a result of the Contractor's performance of the Services pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 8.1 and of this indemnification shall survive termination or expiration of this Agreement. SECTION 9. DFFAULT AND TERMINATION. 9.1 Termination For Cause If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable Page 10 of 19 actions that it deems to be in its best interest in order to enforce the City's right and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 9.2 Termination for Convenience of the City THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 9.3 Termination for Insolvency The City also reserves the right to terminate the Agreement in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 9.2. 9.4 Surrender of Exercise Areas / Removal by Contractor of Exercise Area Improvements. Upon expiration, or earlier termination of this Agreement, Contractor shall surrender the Exercise Areas in the same condition as the Exercise Areas were prior to the Effective Date. Contractor shall, at its sole expense and at no charge to the City, remove all equipment from the Exercise Areas, (as well as any other permanent or fixed improvements) no later than thirty (30) days after the conclusion of the Term, (or from the date of earlier termination of this Agreement) unless a longer time period is agreed to, in writing, by the City Manager. Contractor's obligation to observe or perform this covenant shall survive the expiration or other termination of this Agreement. Continued occupancy of any Exercise Areas after termination of the Agreement (unless otherwise agreed to pursuant to the signed Removal Schedule) shall constitute trespass by the Contractor, and may be prosecuted as such. 9.5 Substitute Performance. In the event that the Contractor fails to properly perform the removal of any Exercise Area Improvements and restoration of the Exercise Areas to their original condition in accordance with the terms of the Agreement, then the City shall have the right to undertake and/or purchase, as the City Manager deems appropriate, any such supplies, materials, services, etc., covered herein and to charge Contractor for all actual costs thereby incurred by the City. Contractor shall be responsible for paying all of said costs. Page 11 of 19 SECTION 10. ASSIGNMENT Contractor shall not assign all or any portion of its costs or obligations under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the City Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. SECTION 11. SPONSORSHIPS. 11.1 The City reserves unto itself all present and future rights to negotiate all forms of endorsement and/or sponsorship agreements based on the marketing value of any City trademark, property, brand, logo and/or reputation. Any and all benefits derived from an endorsement and/or sponsorship agreement based on the marketing value of a City trademark property, brand, logo and/or reputation, shall belong exclusively to the City. Contractor shall be specifically prohibited from entering into, or otherwise creating any, sponsorships and/or endorsements with third parties which are based solely or in any part on the marketing value of a City trademark, property, brand, logo and/or reputation. It is further acknowledged that the name, likeness, equipment, concepts, logos, designs and other intellectual property rights of Contractor shall remain in the exclusive possession and control of Contractor at all times; provided, however, that Contractor hereby grants City an irrevocable license to use any Contractor trademark, brand, and/or logo, for purposes of the City's promotion of the Program and including, without limitation, the right to use such trademarks, brand, and/or logo in all media (for such public marketing purposes)whether now existing or as may exist in the future. SECTION 12. NO ADVERTISING/MARKETING. 12.1 No Advertising. Contractor understands that City of Miami Beach regulations strictly prohibit Contractor from advertising on any part of the Exercise Area Improvements or the Exercise Area, and expressly agrees not to conduct any advertising hereunder unless expressly approved in writing by the City, in the City's sole and absolute discretion. 12.2 Marketing of Program. Any marketing efforts and materials relating to the Program shall require the coordination and prior written approval of the City Manager. SECTION 13. NO IMPROPER USE The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, any Concession Areas or Exercise Area Improvements thereon, for any illegal, improper, immoral or offensive purpose, or for any other purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. The Contractor will protect, indemnify, and forever save and keep harmless the City, its officials, employees, contractors, and agents from and against Page 12 of 19 damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Contractor, or any official, director, agent, contractor, or servant regarding the concession. In the event of any violation by the Contractor, or if the City or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the City shall have the right to suspend concession operation should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the City Manager or Contract Manager within twenty-four (24) hours following written notice of the nature and extent of such violation, conduct, or practice. Such suspension to continue until the violation is cured to the satisfaction from the City Manager or Contract Manager. SECTION 1 4 . NOTICES Any notice required to be given or otherwise given pursuant to this Contract shall be in writing and shall be hand delivered, mailed by certified mail, return receipt requested or sent recognized overnight courier service as follows: If to CONTRACTOR: USE Urban Sport Equipment, LLC 407 Lincoln Road, PH-NE Miami Beach, Florida 33139 If to the CITY: City of Miami Beach Attention: Parks and Recreation Director 1700 Convention Center Drive Miami Beach, Florida 33139 With copy to City of Miami Beach Attention: City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 Notwithstanding the foregoing, the City expressly authorizes Contractor to notice its designated Contract Manager, City of Miami Beach Parks and Recreation Director with regard to all matters pertinent to this Agreement, except with respect to any alleged defaults, which will require notice to the City Manager. SECTION 15. LAWS. 15.1 Compliance. Contractor shall comply with all applicable City, County, State, and Federal ordinances, statutes, rules and regulations, including but not limited to all applicable environmental City, County, State, and Federal ordinances, statutes, rules and regulations. 15.2 Governing Law. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any civil action arising in any way from this Agreement or the activities of the parties under this Agreement shall be brought only in a Page 13 of 19 court of competent jurisdiction located in Miami-Dade County, Florida. 15.3 Equal Employment Opportunity. Neither Contractor nor any affiliate of Contractor performing services hereunder, or pursuant hereto, will discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, sexual orientation, and disability (as defined in Title I of ADA). 15.4 No Discrimination. Contractor agrees that there shall be no discrimination as to as to race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, marital and familial status, or age, or handicap, in the operations referred to in this Agreement; and, further, there shall be no discrimination regarding any use, service, maintenance, or operation within the Exercise Areas. All operations and services offered in the Exercise Areas shall be made available to the public, subject to the right of the Contractor and the City to establish and enforce reasonable rules and regulations to provide for the safety, orderly operation, and security of the Exercise Areas and improvements and equipment thereon. Pursuant to Sections 62-90 and 62-91, of Chapter 62, of the Miami Beach City Code entitled "Human Relations', Contractor, by executing this Agreement, certifies that it does not discriminate in its membership or policies based on race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, marital and familial status, or age, or handicap. SECTION 16. MISCELLANEOUS 16.1 No Partnership. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership or joint venture between the City and Contractor. 16.2 Modifications. This Agreement cannot be changed or modified except by Agreement in writing executed by all parties hereto. Contractor acknowledges that no modification to this Agreement may be agreed to by the City unless approved by the Mayor and City Commission except where such authority has been expressly provided herein to the City Manager or Contract Manager. 16.3 Complete Agreement. This Agreement, together with all exhibits incorporated hereto, constitutes all the understandings and Agreements of whatsoever nature or kind existing between the parties with respect to Contractors operations, as contemplated herein. 16.4 Severability. If any provision of this Agreement or any portion of such provision or the application Page 14 of 19 thereof to any person or circumstance shall be held to be invalid or unenforceable, or shall become a violation of any local, State, or Federal laws, then the same as so applied shall no longer be a part of this Agreement but the remainder of the Agreement, such provisions and the application thereof to other persons or circumstances, shall not be affected thereby and this Agreement as so modified shall. 16.5 Nota Lease. It is expressly understood and agreed that no part, parcel, building, facility, equipment or space is leased to the Contractor, that it is a Contractor and not a lessee; that the Contractors right to operate the program shall continue only so long as this Agreement remains in effect. 16.6 No Waiver. It is mutually covenanted and agreed by and between the parties hereto that the failure of the City to insist upon the strict performance of any of the conditions, covenants, terms or provisions of this Agreement, or to exercise any option herein conferred, will not be considered or construed as a waiver or relinquishment for the future of any such conditions, covenants, terms, provisions or options but the same shall continue and remain in full force and effect. A waiver of any term expressed herein shall not be implied by any neglect of the City to declare a forfeiture on account of the violation of such term if such violation by continued or repeated subsequently and any express waiver shall not affect any term other than the one specified in such waiver and that one only for the time and in the manner specifically stated. The receipt of any sum paid by Contractor to the City after breach of any condition, covenant, term or provision herein contained shall not be deemed a waiver of such breach, but shall be taken, considered and construed as payment for use and occupation, and not as rent, unless such breach be expressly waived in writing by the City. 16.7 No Third Party Beneficiary. Nothing in this Agreement shall confer upon any person or entity, including, but not limited to subcontractors, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies by reason of this Agreement. 16.8 No Lien. In the event any notice or claim of lien shall be asserted against the interest of the City on account of or arising from any work done by or for Contractor, or any person claiming by, through or under Contractor, or for improvements or work, the cost of which is the responsibility of Contractor, Contractor agrees to have such notice or claim of lien cancelled and discharged within fifteen (15) days after notice to Contractor by City. In the event Contractor fails to do so, City may terminate this Agreement for cause without liability to City. Page 15 of 19 SECTION 17. I IMITATION OF I IABII ITY The City desires to enter into this Agreement placing the operation and management of the Exercise Area(s) in the hands of a private management entity only if so doing the City can place a limit on its liability for any cause of action for breach of this Agreement, so that its liability for any such breach never exceeds the sum of One Thousand ($1,000.00) Dollars. Contractor hereby expresses its willingness to enter into this Agreement One Thousand ($1,000.00) Dollars limitation on recovery for any action for breach of contract. Accordingly, and in consideration of the separate consideration of One Thousand ($1,000.00) Dollars, the receipt of which is hereby acknowledged, the City shall not be liable to Contractor for damages to Contractor in an amount in excess of One Thousand ($1,000.00) Dollars, for any action for breach of contract arising out of the performance or on-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of limitation placed upon the Citys liability as set forth in Florida Statutes, Section 768.28. SECTION 18. VENUE. This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami- Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. CITY AND CONTRACTOR HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT CITY AND CONTRACTOR MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE EXERCISE AREA(S). SECTION 19. CONFLICT OF INTEREST. Contractor agrees to adhere to and be governed by the Miami-Dade County Ethics and Conflict of Interest laws, as same may be amended from time to time, and by the City of Miami Beach Charter and Code, as same may be amended from time to time, in connection with the performance of the Services. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which would conflict in any manner or degree with the performance of the work and services contemplated in this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. SECTION 20. FLORIDA PUBLIC RECORDS LAW (A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound Page 16 of 19 recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City 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 Chapter 119, Florida Statutes 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 Agreement if the Contractor does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, 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 Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3) avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorney fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the City and to the Contractor. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of Page 17 of 19 public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOna MIAMIBEACHFL.GOV PHONE: 305-673-7411 Page 18 of 19 IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed, all as of the day and year first above written, indicating their Agreement. Attest: CITY OF MIAMI BEACH, FLORIDA td/ Rafael E. Granado, City Clerk �` Ltrr tber, Mayor n Date: 41 (41 fS .'-.. Attest: USE 'AN SPORT EQUIPMENT, LLC. • (a r/ C�(r< Na(, -Cafa A y e s/tde) Print Name and Title Print Name and Title Date: 3 - 24'• 2-41/K APPROVED AS TO FORM & LANGUAGE & FO EXECUTION Page 19 of 19 a g City AttorneyAn( Dote MIAMI BEACH REQUEST FOR INFORMATION Procurement Department RFI 2017-216-WG 1755 Meridian Avenue, 3`d Floor Compact Multi-Exercise Fitness Miami Beach, Florida 33139 • r Ir . r 1. Introduction and Purpose. The City of Miami Beach, Florida (hereinafter referred to as the "City") is internationally recognized for its iconic architecture and beautiful public places. The City is also a center for outdoor fitness and recreation activities. The City desires to consider expanding its outdoor fitness options throughout the City via the installation of compact multi- exercise fitness stations. To this end, the City wishes, through this Request for Information (RFI), to receive information from manufacturers or dealers of compact outdoor fitness equipment. Interested parties should submit detailed information on its outdoor fitness equipment options that it deems to meet the goals of expanding fitness opportunities on rights of way, street ends and small public spaces. Equipment should be platform based and have an approximate footprint of 15' X 10'. Equipment should be attractive to residents and visitors and inspire physical fitness. Options for display boards for advertising and public service announcements may be considered, however submittals must include a non-advertising/display option. Interested parties should submit information in accordance with Section 2 of this RFI. Any questions regarding this RFI should be submitted to William Garviso, Procurement Contracting Officer II, at williamgarviso(a)miamibeachfl.gov or 305-673-7490. The City is not required to act upon any information obtained through this RFI. The City may consider releasing a competitive solicitation as a result of the information obtained via this RFI, may pursue a procurement based on the purchase authorities expressed in its administrative code, or may take no action as a result of this RFI. 2. Response Requirements: Submit one (1) hard copy "original" marked as such, and one (1) electronic copy (CD-ROM, USB flash drive, etc.). In keeping with the City's sustainability program, RFI hard copies should be printed when possible on paper containing a high level of post-consumer recycle content. Responses should contain the following: 2.1. Respondent Information. Including: 1. Company legal/registered name. 2. Company mailing and physical address. 3. Company Website URL (if available). 4. Name of company representative that will be the primary point of contact for inquiries. 5. Contract representative's telephone number(toll-free preferred). 6. Contact representative's e-mail address. 7. Client List. Submit list of clients within the last three years for which the respondent has provided product(s) similar to those described herein. 2.2 Product Information. Submit detailed information on fitness equipment that is compact and meets the described needs of the City. Emphasis should be given to those 2 RFI 2017-216-WG products that are unique or iconic in nature. Additionally, given its coastal environment, products should be composed of materials that are resistant to salt water environments. 2.3 Additional information. Identify all ordering instructions, installation requirements, sample contracts and available discounts for all products submitted. 2.4 References. Submit a list of relevant references for current installations of the proposed products. For each reference, submit name of client, client contact individual, and telephone, address and email of client contact. 3. Submittal Instructions. Responses should be submitted to: City of Miami Beach Procurement Department 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 All Responses to RFI should be submitted by April 28, 2017 at 03:00 p.m., Eastern Standard Time(EST). City of Miami Beach Procurement Department '755 Meridian Avenue.3'"Floor Miami Beach.Florida 33139 Tel 305-673-74901mm miamibeachfl.gov PUBLIC NOTICE REQUEST FOR INFORMATION(RFI)2017-216-WG COMPACT MULTI-EXERCISE EQUIPMENT Proposals will be received until 3:00 PM on April 28, 2017 at the following address: City of Miami Beach, Procurement Department, 3rd Floor, and 1755 Meridian Avenue, Miami Beach, Florida 33139. Interested parties should submit detailed information on its outdoor fitness equipment options that it deems to meet the goals of expanding fitness opportunities on rights of way, street ends and small public spaces. Equipment should be platform based and have an approximate footprint of 15' X 10'. Equipment should be attractive to residents and visitors and inspire physical fitness. The City utilizes PublicPurchase(wvrww.publicriurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment,including the issuance of any addendum to this RFI. Any prospective proposer who has received this RFI by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFI. Failure to receive an addendum may result in disqualification of proposal submitted. THIS REQUEST FOR INFORMATION IS UNDER THE CONE OF SILENCE— ORDINANCE NO. 2002-3378 WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://web.m iami beach0.gov/procurement/scrol I.aspx?id=23510. m BEACH VENDOR ANNOUNCEMENT The City of Miami Beach Purchasing Division has a partnership with Public Purchase, a web based e-Procurement service. In order to begin, or continue to, receive bid notifications as a current vendor you must register with this new system. This process will only take a few minutes. The two-step registration process/instructions are detailed below in the Instructions section. INSTRUCTIONS 1. Register with Public Purchase: Use the link below to begin the registration process. ft can take up to 24 hours for your account to become active. You will receive an email from noticesidpublicpurchase.com letting you know your account is activated. Be sure and add this email address to your contacts to avoid the bid notification emails being sent to your junk folder. https://www.publicpurchase.cont gemsire,istedvendor register If you are already registered with Public Purchase previously please proceed directly to step 2. 2. Register with City of Miami Beach A. Once you have received your activation email from Public Purchase log into www.publicpurchase.com and accept the terms and conditions of use. B. Then click on the link below to start your registration process with City of Miami Beach. Begin by selecting the NIGP Commodity Codes that relate to your business so you can receive email notifications of future bid opportunities. You may be prompted to fill out a W-9 for the City of Miami Beach records and for tax purposes. This form must be completed before you will be considered a vendor for the City of Miami Beach even if City of Miami Beach already has a W-9 from you on file. http:/.www.publicpurchase com'nems;miamibeach.t1:buver/publiuhome C. If, for any reason, the link below fails, you can follow the following procedure to complete the registration process: Use the Public Purchase link in Step 1 and log in. Then click "Select Region," and "Select Agency." After selecting City of Miami Beach,click on the "Register with City of Miami Beach"on the right hand side of the City of Miami Beach's logo. ft is important that this second part of the registration is complete or you will not receive notifications of upcoming quote opportunities from the City of Miami Beach. It is your responsibility to keep the information up to date,particularly the contacts and email addresses. Using this service will make the quoting process easier for us and our suppliers. The Public Purchase eProcurement System was designed exclusively for use by Government Agencies and their Vendors. Benefits to Us This eProcurement system is compliant with all Federal and State regulations, which determine the required procedures for Government Agency purchasing practices. This service will also create an up to date vendor database, which will be hosted on Public Purchase's servers and will allow suppliers to easily update and change their information as needed. Benefits to You? This eProcurement system will create a single location in which to view open Requests for Quotation and award information for previous RFQ's issued through the Public Purchase website. This system will also provide you with automatic notification and transmittal of bid solicitations to vendors. If you have need any assistance with this process please contact Public Purchase at support ctpublicpurchase.com. Or use their Live Chat during business hours. It can be found in the upper left corner of the web site. Thank you for participating in City of Miami Beach's new registration process. Sincerely, The City of Miami Beach Exhibit A Exercise Service Zone South Pointe Park ' .� Sn ' - .}4y• A`"+�•i_`�'`.Z..t... �` tt S,- ; S�j A _ 4.tti. 4 a ,'frt . -`- . t .4.rf�y '1.'...1...r-1?"'1.'...1...r-1?". r tw _ale +x ,10..;4:+ � c.r�` E ,• .r-...4 4 , ;JINN ' . • ";.> r v- -. '� , - ,,1•:, , Ill.. :-, Venetian Causeway fir, .���. P,u �n-1_; 5' : .;�, f.: -' .i.r.i ; ,.^ , .�" , ,� ' . ase rat: .. Y j1.♦ .. _ t 2ar Brittany Bay Park .••••••• ° . t. • . . , .., • , . -- . ....v.." "":::iller'...h.'-.'• t'' •-:.- --; ,. -•'-, • . 41"-- • 1--, iv. .- . .• ...--.....- 1• " 7-e.'". .c...-"*A1 's,st"-- (.ctc.,.. 1..eaki-'-_;ff.. ' gggli....1.1 ...,.1. ,•'. .! • . , . ....., iils., tra.l'i:i.lire)::.• .1 f.,,-; ,. •, •.:. ,-.71r, .... ,. .s„,, •ft, ., • t• V - --4. .' ;4-... • *•" - s-'el A-1 - 4iik4:: k% • 7. 18 ,I. ::‘• a... ,.......s. . .. .. , .. . .44 . -....0.. ...„ • ..„.... . ..c.,.. „ ., ... 4,••—-kil.".' • .. IV. 101. 17 ') !-44",111, ...i, •-1.•••••-4, r...-1/ 4.y.,....•Ar.eV.N.......a,. Ask ,.., ....... —..r...N._ *.1%. - ....,,...„ . ?: ..4.. .t.--,..... ,.. . •. _ . . . .... : .0.- . -4 ir .:. .•COS '''''• '• ""' - :;.-i •"'17 t;31, 0 . 3 , ...1.,.c. •--.Y....• . 1,, ., sk / _1 ... .- s'7-- '.".. • :::rrit,'•Q'4' ' Z, T.•&,•• - ••4•4 • '• -.:•• ‘4,,- . .:---- 1 aVk '..•4 ty.i ,,,,..., 0 g= :: -; w _-;•,:,-'.%;i...*.e.l'es,,,;1,6 4.11; --44,7•Zi ....t7:-•••:•-•=-.. ••!--.:'-1 V.-..,..• • .- ...t .-.,71..../-*-• • :;;..1" •e. al-' - - AOR 0 ..... CO ......-1,- 7.- ..t•is'ck, .1e2m -01,' r k _. .. • I 1 41 . , ..)..-.!'4:-_-':=-.."%a• 0011 -- .*:,'-4........v..-4...--.-••-•• . . _-., •. - e.,-..% . --4--...-‘.•- .. rt7A1-"Z@ Bandshell Park - . . r. ark:,•••-ii, ..... _. rAt ..- - . '.-7 '-_-' ,0-',..on . ,,-- , • ,04. .. v ... • Cr...-.:".--.••71ga ,..-_.......4,_ , - _ . ,. . ....., ... ., . .......,... „ ....,,,..„:. ,. .. . ,. .., ,,... .. ., ,.. ..,. _ Al •• • .-,-, . ‘,_e.....,„:„: • .• - . ,.. -,-;. • ! .___.. . - ,•,.." .4 • _, . •_,,1 , ' -- - . 0-, .010.., ‘•• Itigil - . • -. , ,. '' • ' a, C , •... C.t '001/4 in .... _ ,,., ,s' '777'4.6;437._ '" • . 4 , _ • , (if ._ .4c, _,• .. .....s...„.. -;ito- -::,.. . .,.. . T 7.... .... • --,,,..• ,-.. .C.•-•.•' .,.._-.L.ifi..-_-:...... •. ie..-.-0., — .... . . .....- ,-,tor. - • i-2 4.•:',7*---.w..:',- --, '-: ,ett,_r . ....Ap. ..., •--... •; -, .-;;•. ;... -,f. ..te - !V.....4" 4 •..,. .. ,t..., i 2,tos . . \ , .... . „ ._......e#. • . , ... * ,,,,,E,„.:•*r\. -• L. t' -A• s' . . ;".`.. ."il -. 1 .,.... 14:: .... . • ... . .. • # •. - A ID : ,• 0 - • — .---A.,' -, • ;,,, .- - t .4,- - 14-7----.... - , uoi... 1,.....s. •,... ..• •,.. c3s_1..;." ,. 7.t-.rr-..:.r°_4.1,_.-..;a„„'1:4..-•i.,.,-40-..7, -•....•.rr.,• .... '-, ii-i ItI 's...• • . _f•.;: b - . -•l• t, •-• - , -s' , •• ... r."41'*-31 7.-..1'-- 2:.... 0.2ndSt arialF494,z_._ , ' 6 • __ _ .. Asi. Exhibit B Exercise Area Locations South Pointe Park , r v• • �a ,`• *1}e �� AAS1 "� �• a A.4.w, .i-• • O i ,. ,. • . i z-- ••' d.' ' ., • j•1 ' '. :a.< ; r qi,, Prc.osee SE Lorall.n -•-- _1 i .w . .. ,1 • -1- d� - t r•y • �� -. Ityr •: • •• . • . . I • • • _ t Venetian Causeway A , . _,.. . . _. . . , ,... , z. ;. 41,„... ,,,,,,. ..:._ ,,4., . .. ., ..,.. .. ,,, ...., . ..... .,........„, .. . ..._ ....,...„ .•••• f. •-1' "' ..:.,•,,.410111;* oa00.....,,,...07' s.. ti'`.� .t � , t a illtlilliNtm•HL-'2 ' ' - `- r ^r loposeo 1.JSE L-ocat�on ,, j • i. . !. k 2 x1s d �.. w viiiiiivi e. = Belle Isle --• ' . _ . _•,,S. BELLEDmPARK ':- ,1 *,. t•, • '• a; 1 , �' a r Brittany Bay Park V0.�- r .► ,t,;),11, �.{,,, r ,--;%......... ` •.1f,e• � �~r{,��- � ' ' tie rs . '.' . .•.. i..7 R r•• •4.....1.--;-- , `! ` -t, .4 _ _ o -moi k. .�.' ._",s, f' —,•♦-i f ,,R- -v--- --,-*„,,,444t.an r�- tilt •- ; ' - ' ` `, a; • ''°"ssdUSE + =WO .4- A.:,... t••ray.. r. -- , 6 ilie _- , • i_ Bandshell Park :.'(- ✓--'- t • `i fi - t- ',0-4.:10-.=!',"L; 4- = .-� ,,'',A �♦ - ^^ y t . _s �-s 4 :� 1:i?kii,ER.dc'kti rm.t . h 1 /11r r y hiii. +1114 : .4, ......- -:, - ..44_ r - ' .+ SIE _ figr— IbUteerP x)11--- • I i I Pre 0os-e U` _ o o sY •7.17•win • I I Exhibit C Exercise Equipment j_ I e l l 1 ! —,t` x s MATERIALS The equipment was designed and prepared for all kind of climatic conditions, resisting heat and cold, sun exposure, rain and sea breeze. Main structure: Stainless steel Content Exposure: Tempered glass - 10mm Support structure: Galvanized steel Floor: Recycled plastic SPECIFICATIONS The urban sports equipment consists in a structure for exercises made of stainless steel with a polished finish, reducing the absorption of heat from direct sunlight, ideal for outdoor use in environments exposed to high humidity, rain and other inclement weather. With a galvanized steel structure underneath, it can be adapted to any kind of field, as it adjustable, being able to stand over grass, without prejudicing it, for example Over this support structure is mounted a straight platform made of recycled plastic, that mimics wood, as it is more durable and more sustainable in humid places, with protection from moist. 'r i .l . • . •I . • e' — 2.1, I . . • e . '1 ' f r G 0 - i , . , .15 • , .,.., .,, ..:, 0 • I I , r 1 1 U.- % 0 , I 0 Arromommo. 0 at row own lisk M AMI BEACH I r O .r- _ d" LC) ).:, V '�,'r I • b..; ., 'T: C o o © w CO , ww2reatts4 . rt. s• a 101h e t . C O Exhibit D Project Schedule Installation The four equipment will be installed on the following locations, starting in 45 days from the date of this agreement: • Day Local 45 Brittany Bay Park 50 Bandshell Park 55 Venetian Causeway 1 - Brittany Bay Park- 5 days to install 2- Bandshell Park - 5 days to install 60 South Pointe park 3-Venetian Causeway- 5 days to install 4- South Pointe Park-5 days to install