Agenda Item
i. Donation Acceptance: $21,600 from Midvale Parent Teacher Organization (PTO)to Midvale Elementary School
Summary: Presented by: Dr. Yolanda Williamson, Chief of Community Engagement & Innovative Partnerships
Division of Community Engagement and Innovative Partnerships (DCEIP)
Request: It is requested that the Board of Education accept Midvale PTO’s donation to Midvale Elementary School in the amount of $21,600.
Why: The donation is provided by Midvale PTO for the purchase and installation of two sunshades for the PTO donated playground.
Details: Midvale Elementary School will receive a donation in the amount of $21,600 from the Midvale PTO to purchase and install two sunshades on the PTO donated playground (not the newly installed playground by the district).
Financial impact: The funds are donated, so there will be no impact to the general budget.
Contact: Dr. Yolanda Williamson, Chief, Community Engagement and Innovative Partnerships, Division of Community Engagement, and Innovative Partnerships, 678-676-0898
Effective: Upon Board of Education Approval
Status: Attorney approval not required.
PlayPower LT Farmington, Inc.
878 E. US Hwy 60 QUOTE: R0321232084
Monett, MO 65708
1-800-325-8828
Bill To: Project Name & Location: Prepared by:
Lemuel Hawkins Playworx
Dekalb County Schools Attn: Dekalb Schools Midvale
1780 Montreal Rd ES add shades 8014 Cumming Hwy
Tucker, GA 30084 Canton , GA 30115 USA
678 676 1363 (phone) (678) 643-1703 (phone)
Lemuel_Hawkins@dekalbschoolsga.org Doug@playworx.com
Ship To Address: End User:
Lemuel Hawkins Lemuel Hawkins
Dekalb County Schools Dekalb County Schools
1780 Montreal Rd 1780 Montreal Rd
Tucker, GA 30084 Tucker, GA 30084
678 676 1363 (phone) 678 676 1363 (phone)
Lemuel_Hawkins@dekalbschoolsga.org Lemuel_Hawkins@dekalbschoolsga.org
Quote Number: R0321232084
Quote Date: 5/2/2024
Valid For: 30 Days From Quote Date
Parts By Other
Part Number Description Qty Weight Volume Unit Price Total
16 x 16 cantilever shade 2 0.00 0.00 7,200.00 14,400.00
cantilever
shade
Totals:
Equipment Weight: 0.00 lbs
Equipment Volume: 0.00 ft3
Equipment List: $0.00
Products Subtotal: $0.00
Products by Other: $14,400.00
PBO Freight: $1,200.00
Installation: $6,000.00
Freight: $0.00 Code: Needed
Estimated Sales Tax*: $0.00
Grand Total: $21,600.00
Make Purchase Orders Out To: Make Checks Payable To:
PlayPower LT Farmington, Inc. PlayPower LT Farmington, Inc.
Remit Purchase Orders To: Remit Checks To:
PlayPower LT Farmington, Inc. PlayPower LT Farmington
Attention: Sales Administration PO Box 734155
5/16/2024 Page 1 of 3
878 E US Hwy 60 Dallas, TX 75373-4155
Monett, Missouri, USA 65708
1-800-325-8828
NOTE:
* Applicable sales taxes will be confirmed once order and any tax certificates are received
† Denotes drop ship item.
Unloading, storage, installation, surfacing and site work are not included unless specifically noted on quotation.
Not responsible for filter cloth, irrigation rerouting, grass damage, or checking for underground utilities.
If installation is quoted, it is assumed that the site has been prepared and that any grade slope in any direction
does not exceed 2%. In the event that unexpected soil conditions, such as subsurface rock, are encountered
during installation, additional costs to the customer will be applicable.
The acceptance signature below serves as authorization to order the items quoted and indicates acceptance of
the prices listed. All terms are subject to credit approval.
COMMENTS:
This playground contains NaN% recycled content
This playground qualifies for 2 LEED point(s)
This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT
Farmington Inc (“PPLT”). Sales Representative is not authorized to sign this Quote on behalf of PPLT or Customer, and
signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a
complete signed copy of this Quote directly to “PPLT Sales Administration” via fax (417)354-2273 or email
outdoordes@LTCPS.com. Upon acceptance, PPLT will return a fully-signed copy of the Quote to Customer (with copy to
Sales Representative) via fax or e mail.
THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT objects to any other
terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void.
Customer authorizes PPLT to ship the Equipment and agrees to pay PPLT the total amount specified. Shipping terms
are FOB the place of shipment via common carrier designated by PPLT. Payment terms are Net-30 days from invoice
date with approved credit and all charges are due and payable in full at PO Box 734155, Dallas, TX 75373-4155, unless
notified otherwise by PPLT in writing. Customer agrees to pay all additional service charges for past due invoices.
Customer must provide proper tax exemption certificates to PPLT, and shall promptly pay and discharge all otherwise
applicable taxes, license fees, levies and other impositions on the Equipment at its own expense.
CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS
STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT.
Submitted By Printed Name and Title Date
THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY PLAYPOWER LT
FARMINGTON INC.
By: ___________________________ Date:___________________
________________________
________________________
ADDITIONAL TERMS & CONDITIONS OF SALE
1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect
and maintain appropriate safety surfacing under and around the Equipment, in accordance with PPLT’s product literature and
the most current Consumer Product Safety Commission Handbook for Public Playground Safety.
2. Default, Remedies & Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to
otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default").
Upon an Event of Default, PPLT shall have all remedies available to it at law or equity, including, without limitation, all
remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with
PPLT to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its
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repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of
Default. All remedies are cumulative and not alternative, and no exercise by PPLT of a remedy will prohibit or waive the
exercise of any other remedy. Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by
PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT as liquidated
damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is
not received by PPLT within ten (10) days after the date on which due.
3. Limitation of Warranty/ Indemnity. PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE
STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS
REFERENCE. PPLT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR
DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO
MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO
PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND
THE EQUIPMENT IN ACCORDANCE WITH PPLT’S INSTALLATION AND OWNER’S MANUALS AND THE MOST
CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY.
4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be
levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii)
remove or permit the removal of the Equipment to any location not specified in this Quote.
5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to PPLT, and PPLT hereby
reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all
of Customer’s obligations hereunder. Customer agrees that PPLT may file one or more financing statements, in order to
allow it to perfect, acquire and maintain a superior security interest in the Equipment.
6. Choice of Law and Jurisdiction. All agreements between Customer and PPLT shall be interpreted, and the parties'
obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions.
Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St.
Louis, Missouri.
7. Title; Risk of Loss; Insurance. PPLT Retains full title to all Equipment until full payment is received by PPLT.
Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other
cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any
invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and
casualties.
8. Waiver; Invalidity. PPLT may waive a default hereunder, or under any invoice or other agreement between
Customer and PPLT, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver
shall be deemed to have taken place unless it is in writing, signed by PPLT. Any one waiver shall not constitute a waiver of
other defaults or the same kind of default at another time, or a forfeiture of any rights provided to PPLT hereunder or under
any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions
hereof.
9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders
and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement
between the parties. A Change Order is a written instrument signed by the Customer and PPLT stating their agreement as
to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and
additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames
relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the
parties and their successors and assigns.
10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties,
may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of
any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same
as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically
transmitted signatures by signing an original document.
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