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04-26-2022 PRC Agenda Packet A.7:00 P.M. - CALL TO ORDER A.1 Oaths of Office B.ROLL CALL B.1 Nomination and Appointment of 2022/23 Chair and Vice-Chair C.APPROVAL OF AGENDA Commissioners may add or delete items at this time. D.PUBLIC ANNOUNCEMENTS E.VISITOR PRESENTATIONS Commission Procedures allow for presentations from the audience at this time. If a motion is required, the item will be forwarded to the next available agenda to allow for publication and review prior to consideration. F.APPROVAL OF MINUTES F.1 Approve the Park & Recreation Commission meeting minutes dated March 22, 2022. G.GENERAL BUSINESS G.1 Youth Association Presentation G.2 Approve Purchase, Park Equipment Replacement Schedule for Roundhouse Park and North Lotus Lake Park. H.REPORTS H.1 Easter Egg Candy Hunt Evaluation AGENDA CHANHASSEN PARK & RECREATION COMMISSION TUESDAY, APRIL 26, 2022 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 I.COMMISSION MEMBER COMMITTEE REPORTS J.COMMISSION MEMBER PRESENTATIONS K.ADMINISTRATIVE PACKET L.ADJOURNMENT 2 Park & Recreation Commission Item April 26, 2022 Item Oaths of Office Item No:A.1 Agenda Section 7:00 P.M. - CALL TO ORDER Prepared By Kim Meuwissen, City Clerk SUGGESTED ACTION The City Clerk will administer oaths of office to all Park & Recreation Commissioners. SUMMARY The City Council appointed Dan Eidsmo and reappointed Matt Kutz to the Park & Recreation Commission for three-year terms ending March 31, 2025. BACKGROUND Per State Statute 358.05 , the oath of office to be taken by members and officers of either branch of the legislature shall be that prescribed by the Constitution of the State of Minnesota, Article IV, Section 8. Every person elected or appointed to any other public office, including every official commissioner, or member of any public board or body, before transacting any of the business or exercising any privilege of such office, shall take and subscribe the oath defined in the Constitution of the state of Minnesota, Article V, Section 6. Oaths of office are required to be administered each year to all newly appointed and reappointed commissioners at their first meeting in April; however, since this was not done in the past, all of the Park & Recreation Commissioners will need to take the Oath of Office tonight. In the future, only the newly appointed and reappointed commissioners will be required to take the oath. DISCUSSION City Clerk Kim Meuwissen will administer the oaths of office to all members of the Park & Recreation Commission. RECOMMENDATION 3 ATTACHMENTS Park & Recreation Commission Oaths of Office 4 5 6 7 8 9 10 11 12 Park & Recreation Commission Item April 26, 2022 Item Nomination and Appointment of 2022/23 Chair and Vice-Chair Item No:B.1 Agenda Section ROLL CALL Prepared By Jerry Ruegemer, Park and Recreation Director SUGGESTED ACTION Nomination and Appointment of 2022/23 Chair and Vice-Chair SUMMARY Park and Recreation Commission bylaws specify that the commission shall select from among its membership a chairperson and vice chairperson. The following excerpt describes the procedure for electing these officers and the roles for each. BACKGROUND DISCUSSION Section 4 Organization: 4.1 Election of Officers: At the first meeting in April of each year, the Park and Recreation Commission shall hold an organizational meeting. At this meeting, the commission shall elect from its membership a chairperson and vice chairperson. Each member shall cast its vote for the member he/she wishes to be chosen as chairperson. If no one receives a majority, voting shall continue until one member receives the majority support. Vice chairperson shall be elected from the remaining numbers of the same proceeding. 4.2 Duties of the Chairperson and Vice Chairperson: The chairperson, or in his/her absence the vice chairperson, shall preside at meetings, appoint committees from its own membership, and perform other such duties as ordered by the commission. The chairperson shall conduct the meeting so as to keep it moving as rapidly and efficiently as possible and shall remind members, witnesses, and petitioners to preserve order and decorum and to keep comments to the subject at hand. The chairperson shall not 13 move for action, but may second motions. RECOMMENDATION Nomination and Appointment of 2022/23 Chair and Vice-Chair ATTACHMENTS 14 Park & Recreation Commission Item April 26, 2022 Item Approve the Park & Recreation Commission meeting minutes dated March 22, 2022. Item No:F.1 Agenda Section APPROVAL OF MINUTES Prepared By Christine Lusian, Administrative Support Specialist SUGGESTED ACTION The Chanhassen Park & Recreation Commission approves the minutes dated March 22, 2022. SUMMARY BACKGROUND DISCUSSION RECOMMENDATION Approve the Park & Recreation Commission meeting minutes dated March 22, 2022. ATTACHMENTS Park & Recreation Commission Minutes dated March 22, 2022 15 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING MINUTES MARCH 22, 2022 Chairman Tsuchiya called the meeting to order at 7:02 p.m. MEMBERS PRESENT: Karl Tsuchiya, Jim Peck, Don Vasatka, Scott Fischer, Matt Kutz, Heather Markert, Youth Commissioner Alex Jerdee. MEMBERS ABSENT:Sandy Sweetser. STAFF PRESENT: Priya Tandon, Recreation Coordinator; Jodi Sarles, Recreation Center Manager; Adam Beers, Park Superintendent; Mitchell Czech, Recreation Supervisor; Mary Blazanin, Senior Center Coordinator. PUBLIC PRESENT:None. APPROVAL OF AGENDA. Commissioner Kutz moved, Commissioner Peck seconded to approve the agenda as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS. Chairman Tsuchiya thanked Sandy Sweetser, noting her term on the PRC is coming to an end. He congratulated Commissioner Kutz who was reappointed by the City Council and noted Dan Eidsmo will be taking the vacant seat on the Commission. VISITOR PRESENTATIONS. None. APPROVAL OF MINUTES. APPROVE PARK & RECREATION MINUTES DATED JANUARY 25, 2022 Commissioner Kutz moved, Commissioner Markert seconded to approve the Minutes of the Park and Recreation Commission Meeting dated January 25, 2022 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. GENERAL BUSINESS. 1. Receive 2021 Park and Recreation Department Annual Report Recreation Coordinator Priya Tandon shared the Annual Report. She summarized highlights of the report and noted some of the revenues, expenses, program numbers, and attendance were a bit lower in 2021 due to the ongoing Covid-19 pandemic although they were a little higher than 16 Park and Recreation Commission Minutes – March 22, 2022 2 2020. She stated most financial information in the report is accurate but it is still to be finalized so may have some minor adjustments. Ms. Tandon shared that the Parks and Recreation department has a total of 95 Staff. Projects completed in 2021 included the Highway 5 Regional Trail Project and Senior Center and Rec Center improvements. She shared about concessions, boat rental, picnic shelter reservations, and the 10 community events hosted with 80,000+ attendees. Commissioner Vasatka moved, Commissioner Peck seconded that the Park and Recreation Commission recommends that the city Council receives and approves the 2021 Park and Recreation Department Annual Report. All voted in favor and the motion carried unanimously with a vote of 7 to 0. REPORTS. 1. Easter Egg Candy Hunt Preview Ms. Tandon stated the annual Easter Egg Candy Hunt is held at City Center Park and draws between 400-800 children and their families. The 2022 Hunt will be held on Saturday, April 16, 2022 at 9:00 a.m. and is for kids ages 12 and under. She thanked the Chanhassen Fire Department, and the Chanhassen, Chaska, and Eden Prairie High School Key Clubs for supporting and volunteering at the event. Tickets are $6/child and the City encourages pre- registration online. The City is also hosting a coloring contest. 2. February Festival Evaluation Ms. Tandon reviewed the annual February Festival and it was estimated that about 1,500 people attended the event. A total of 680 ice fishing contest tickets were sold with 54 fish caught and over $6,000 in prizes given away. She thanked the Rotary Club for drilling over 1,000 holes for the ice fishing contest. Ms. Tandon highlighted the Chanhassen Lion’s Club members who volunteered to be ice contest marshals, the Rotary Club coordinated concession sales, and shared that 13 local businesses contributed to the 2022 door prizes. The medallion hunt was held the week prior to Feb Fest and was sponsored by Charter Bank in Chanhassen. Ms. Tandon shared a recap video of Feb Fest on screen. 3. Recreation Center Quarterly Report Recreation Center Manager Jodi Sarles gave a report, noting the wall project is moving forward but some walls were miscalculated on measurements and she is still waiting for those to be installed. This has caused some juggling of events and reservations. She shared about backboard replacement and rental fees. From 00:27 minutes through 00:36 minutes there was no audio. 4. Park Maintenance Quarterly Update Park Superintendent Adam Beers stated they are transitioning from winter mode to spring mode. The department has been going through equipment and getting things ready, the pickleball and 17 Park and Recreation Commission Minutes – March 22, 2022 3 tennis nets are out about a month early, and they are in the process of hiring seasonal staff. Mr. Beers worked with the Planning Department to secure a grant trough the Watershed District and will replace the center island irrigation from Kerber to Powers Boulevard. Regarding 2022 CIP items they will be installing a new hockey rink at North Lotus and a new playground at Roundhouse Park. 5. Senior Center Quarterly Report Senior Center Coordinator Mary Blazanin updated the Commissioners noting the Senior Center is a welcoming place for people 55 and older to socialize, have a meal together, explore new hobbies, listen to speakers, and receive assistance for a variety of age-related needs. Historically the first quarter of the year is slower and in spite of that the Center served over 350 people in a number of programs. Defensive driving is still a popular class which is offered in a hybrid format. Ms. Blazanin shared about events including Mah Jong, coffee with the cops, foot care clinics, Medicare counseling, and free tax aid through AARP. 6. 2021-2022 Ice Rink Season Evaluation Recreation Supervisor Mitchell Czech shared that a successful ice rink season just wrapped up and was open from December 30 through February 28 for a total of 58 days with only 4 closures. In total during supervised hours there were 5,844 participants with warming houses available at City Center Park, North Lotus Lake, the Rec Center, Roundhouse Park, and Bandimere Park. Mr. Czech also shared revenue and expense totals for the season. COMMISSION MEMBER COMMITTEE REPORTS.None. COMMISSION MEMBER PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. ADJOURNMENT. Commissioner Kutz moved, Commissioner Vasatka seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Park and Recreation Commission meeting was adjourned at 8:04 p.m. Submitted by Jerry Ruegemer Park and Recreation Director 18 Park & Recreation Commission Item April 26, 2022 Item Youth Association Presentation Item No:G.1 Agenda Section GENERAL BUSINESS Prepared By Mitchell Czech, Recreation Supervisor SUGGESTED ACTION SUMMARY BACKGROUND DISCUSSION The local Chanhassen-area youth athletic associations have provided a great service to our residents and the surrounding communities for many years, dating back to the 1970s. Most of the associations' many facets are organized and run by parent volunteers who wish to give back and be involved with their community. It is beneficial for the Park and Recreation Commission to hear firsthand about the history of the Chaska Chanhassen Hockey Association, the population they serve, offerings, growth projections, and facilities used. RECOMMENDATION ATTACHMENTS 19 Park & Recreation Commission Item April 26, 2022 Item Approve Purchase, Park Equipment Replacement Schedule for Roundhouse Park and North Lotus Lake Park. Item No:G.2 Agenda Section GENERAL BUSINESS Prepared By Adam Beers, Park Superintendent SUGGESTED ACTION The Park and Recreation Commission recommends the City Council award quotes to DMJ Asphalt for $69,607.60, Northland Recreation for $60,000 and Becker Arena Products for $114,519.00 for equipment replacement at Roundhouse Park and North Lotus Lake Park. Funds for the project are included in the 2022 Capital Improvement Program. SUMMARY This year's park and trail capital improvement program contains $250,000 for a variety of work to be completed as a part of the Park Equipment Replacement Fund. $65,000 has been specifically allocated for the purchase and installation of new playground equipment and base material at Roundhouse Park. Three companies were selected to participate in the RFP process providing playground equipment designs. Vendors were selected on past performance and equipment quality. Costs include supervised installation from vendor representatives and factory warranty on equipment. An online selection workshop was available for residents to vote on a preferred playground design for Roundhouse Park. Online voting was available April 6th - April 15th. Advertising for the online vote was shared on the city website, ChanHappenings e- blast, Chanhassen Park and Recreation Facebook page and the City Facebook page. In total: 4,671 people saw the post 930 engaged on the post 24 people commented on the post 7 people shared the post 24 people liked the post 20 The remaining funds and a portion of the unused budget from 2021 will be used to complete a full rehabilitation of the North Lotus Lake Park hockey rink as a part of the Park Equipment Replacement Fund. This work includes all removals of the existing infrastructure, site grading, new drainage system, new bituminous surface and hockey boards. The Becker Arena Product hockey boards were quoted through the Sourcewell Cooperative Purchasing Agreement through the state of MN. BACKGROUND DISCUSSION RECOMMENDATION The Park and Recreation Commission recommends the City Council award quotes to DMJ Asphalt for $69,607.60, Northland Recreation for $60,000 and Becker Arena Products for $114,519.00 for equipment replacement at Roundhouse Park and North Lotus Lake Park. Funds for the project are included in the 2022 Capital Improvement Program. ATTACHMENTS Becker Quote Northland Rec Round House Park Playground mn wisc play concept mn wisc D11146L M I Quote midwest concept Round House Park midwest quote DMJ Lotus Park Proposal Bituminous Roadways Lotus Park Proposal Norhtland Rec Round House Park Playground Quote 21 beckerarena.com Customer #: City of Chanhassen Sourcewell ID: 25666 Quotation #: BAP 4.0 ODR Revision #: Date: April 4, 2022 Proposal Expiration Date: May 10, 2022 Sales Consultant: Dan Mehren Prepared For: Project Location: Adam Beers City of Chanhassen City of Chanhassen TBD 7700 Market Boulevard PO BOX 147 Chanhassen MN 55317 Thank you for considering Becker Arena Products, Inc., we appreciate the opportunity… Benefits of Choosing to Partner with Becker Arena Products • A stable and reliable company since 1988 • A staff with in-depth knowledge of the industry and products • Quality products that last • Experienced and professional installers • Excellent customer service • Worry Free Projects – Guaranteed This system is available through the Sourcewell Cooperative Purchasing Program at discounted pricing. BECKER ARENA PRODUCTS, INC – VENDOR CONTRACT #120320 - ATH • Sourcewell is a municipal contracting government agency that serves education and government agencies nationally through competitively bid and awarded contract purchasing solutions. Over 47,000 Member agencies enjoy the value and commitment of the world-class Sourcewell awarded Vendors. Take advantage of the cooperative purchasing discounts shown here in this quotation mentioning our contract #120320 - ATH when ordering. You must be a member and contracting authority. Ask your salesperson for a copy of the Sourcewell Contract Purchasing information Per the discussions with HKGI, below please find the below Sourcewell pricing for the following dasher board system. BAP4.0 DASHER BOARD SYSTEM Becker Arena Products, Inc. shall furnish one BAP4.0 Outdoor hockey dasher board system. The pricing is based on the information furnished and will include the following items and features. DASHER MATERIALS Rink size 200’ x 85’ x 28’ radius - 48” high galvanized steel frame components only [Ring only] - Vertical dasher supports to be anchored directly into grade, Steel posts pounded in, approximately 4’ embedment 22 beckerarena.com Page 2 - 10’ high 2” schedule 40 galvanized pipe dasher board supports for the ends and radius corners of rink and the chain link fence - One (1) frame only for a 12'-0" straight “Lift Out” gate system (planks) - All steel framing components hot dip galvanized after fabrication - 2 x 10 x 10’ long treated lumber for the sides and straight ends - 2 x 6 x 4’ long treated lumber for the radius corners (Positioned vertically) - Dasher panels to be assembled on site - Includes all hardware required for installation CHAIN LINK FENCING - Support posts for 6’ high fence fabric - 242 lineal feet of 6’ high x 9-gauge galvanized chain link fabric with three horizontal support rails and all hardware for a complete installation - Four (4) each shield termination pads INSTALLATION - Becker Arena Products, Inc. will furnish an experienced and professional installation crew that meets all requirements to be considered a Qualified Becker Arena Products, Inc. Employee or Partner. This approved team will complete the installation of the dasher system and chain link fencing as described above. Price includes labor (Non-union labor / non prevailing wage rate) required forklift and all equipment for installing chain link fence. DELIVERY - Freight to Chanhassen MN has been estimated and included in the total dasher pricing. Due to the volatility in transportation and freight rates, Becker Arena Products reserves the right to adjust the total price to match the actual freight rates incurred on the date of shipment(s). Total Sourcewell Price (material, labor, freight) Accept ______ $ 114,519.00 Material Price Escalation & De-Escalation Clause (Due to the volatility of all components of the above dasher board system) • In the event that the price of any of the material(s) used in the Becker Arena Products, Inc. production of the above product increase or decrease by 3% or greater from the price used for that material(s) at the time the quote was signed, then the price for the material(s) in the contract between Becker Arena Products, Inc. and the purchaser shall be increased or decreased to reflect the additional or reduced cost to obtain that material or materials. Purchaser agrees that Becker Arena Products, Inc. shall be entitled to an adjustment to the contract price to reflect and price increases of material(s) that occur as a result of Becker Arena Products, Inc. incurring additional costs when ordering materials. Please Note: Taxes are the responsibility of the purchaser. Prices do not include special insurance requirements, bonding, or applicable permits and/or license fees. Prices subject to site visit and/or receipt of final construction drawings and specifications. If sales tax is applicable, it will be added to the proposal totals and noted on a Contract Summary Sheet that will be sent back with your executed contract. All payment terms are based on credit approval. 23 beckerarena.com Page 3 Our Standard Payment terms are: 45% due upon placement of order $ __________________ 45% due 10 days prior to shipment $ __________________ 10% due upon completion $ __________________ The above payment amounts will be filled in based on total contract price and any applicable sales tax and sent back on the Contract Summary Sheet with your executed contract. We are looking forward to the opportunity of working with you on your project and if we can be of further assistance please do not hesitate to call. This proposal is subject to Becker Arena Products, Inc. Standard Terms and Conditions and Limited Warranty and may be withdrawn without penalty at any time before contract execution. If accepted, please sign and return this copy to Becker Arena Products. When approved and signed by one of our officers a fully executed copy will be forwarded for your records. This pro posal is subject to change, withdrawal or cancellation until accepted by you. If Becker Arena Products, Inc. have not received your acceptance within 60 days from the date hereof, this proposal shall automatically expire. Becker Arena Products, Inc. retain s a security interest in all products covered in this agreement until all payment terms have been met. In addition, the purchaser agrees to sign any additional documents for Becker Arena Products, Inc. to perfect its security interest in the products. Proposal/Contract # BAP 4.0 ODR is accepted with initialed options: ____________________________________ _____________________________ Purchaser Signature Becker Arena Products, Inc. ____________________________________ ___General Manager____________ Title Title ____________________________________ ____Jeff Brosz_________________ Print Name Print Name ____________________________________ _____________________________ Today’s Date Today’s Date ____#25666 __________________________ ___#120320 - ATH _____________ Sourcewell ID Sourcewell Contract ID 24 beckerarena.com Page 4 BECKER ARENA PRODUCTS INC. STANDARD TERMS AND CONDITIONS OF SALE ‐ EFFECTIVE JANUARY 2021 1. Definitions. In these terms ‐"Seller" means the seller of the Goods as defined herein; "Buyer" means the entity purchasing the Goods, including any successors thereof; "Goods" means the goods, products and materials manufactured, imported, supplied and/or delivered for or by Seller t o Buyer, as such were approved by Seller in reply to Buyer's order and accordingly listed in the Approval of Order; "Approval of Order", in respect of any Buyer's order, means the instrument issued by Seller, bearing the same reference number of such order and specifying, among any other terms, the items of Goods, including their respective price and quantity, which shall be supplied to Buyer upon such order; "Contract" means the contract for the supply of Goods which have been ordered by Buyer and specified in Seller's Approval of Order, whic h contract is concluded based on these Terms and Conditions of Sale unless otherwise specified in the Approval of Order. 2. Payment. Payment for Goods shall be due on or prior to the delivery date of Goods and no discount may be taken. Payments received afte r the due date thereof shall bear a service charge from their due date, at the maximum lawful interest rate applicable, and if none – at the annual rate of 5% above the base rate from time to time of the central bank of the place of Buyer's incorporation. All payments shall be made to Sel ler's designated bank account in the same currency and for the same amounts as specified in the Approval of Order. 3. Prices, Duties and Taxes. Prices specified in the Approval of Order are net, excluding packaging, and shall be deemed Ex‐works (Incoterms 2000 as amended). Prices are based, inter alia, on production costs for supplies, labor, deliveries, duties, and services current on the order date. I n the event of material increase in any such costs, Seller reserves the right either to adjust the prices for Goods accordingly, or to cancel any certain part of the sales relating to undelivered Goods. Duties, taxes, fees, levies and other compulsory payments applicable to the sale of Goods any time, as well as freight, express, insurance a nd delivery charges, shall all be borne and paid in full by Buyer, unless otherwise expressly stipulated. 4. Delivery. Delivery dates noted on the Approval of Order are estimates only, and are not guaranteed, and are all subject to adjustment a s determined by the Seller acting reasonably. The acceptance of shipment by a common carrier or by any licensed public truckman shall constitute proper de livery. Risk associated with the Goods shall pass to Buyer on delivery or with the passing of title in the Goods, whichever occurs first; provided however, that where delivery is delayed due to circumstances caused by or within the responsibility of Buyer, risk of loss shall pass to Buyer upon Seller's notification th at Goods are ready for dispatch. 5. Retention of Title. Title shall pass to Buyer only upon full payment by Buyer for the Goods and following payment of any other outstanding debt b y Buyer to Seller. Buyer shall, at Seller's request, take any measures necessary under applicable law to protect Seller's title in the Goods, and lawfully notify Buyer’s present or potential creditors of Seller's title on and interest in the Goods. Buyer acknowledges that so long as title has not been transferred i n the Goods, it holds the Goods as bailee and fiduciary agent for the Seller and shall safely and securely store and keep the Goods separate and in good condition, clearly s howing the Seller’s ownership of the Goods and shall respectively record the Seller’s ownership of the Goods in its books. Notwiths tanding the above, Buyer may use Goods for its own use, or sell Goods, as fiduciary agent for the Seller, to a third party in the normal course of business by bona fide sale at market value, whereby proceeds of such usage or sale of Goods, as the case may be, shall, to the extent of the amount being owed by Buyer to Seller at the time of receipt of such proceeds, be held by Buye r on trust for Seller and specifically ascertained, until payment in full for all payable debts by Buyer to Seller. 6. Warranty. a) If applicable, Seller warrants that Goods as set out in the warranty applicable thereto given by Seller to Buyer, subject a lways to the terms and conditions thereof, and subject to use, storage and application thereof in accordance with and based on Seller's standard tolerances, instructions of use and recommendations. b) Unless otherwise restricted by mandatory applicable law, THE WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR USE AND FOR PURPOSE, ANY ADVICE AND RECOMMENDATION AND ANY OBLIGATIONS OR LIABILITIES WHICH MAY BE IMPUTED TO SELLER, ANY AND ALL OF WHICH ARE HEREBY EXPRESS LY DISCLAIMED, DENIED AND EXCLUDED. BUYER EXPRESSLY AGREES THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS AGREEMENT WILL BE CLAIMED OR OTHE RWISE ADHERED TO BY BUYER AND/OR BY ANYONE ACTING ON BUYER’S BEHALF AND/OR BY ANYONE DERIVING THE LEGALITY OF ITS CLAIM FROM BUYER, NOR THAT WILL ANY SUCH WARRANTY BE VALID. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, USE OR HANDLING OF ANY AND ALL GOODS SPECIFIED OR CONTEMPLATED BY THIS CONTRACT. NO WARRANTY IS MADE WITH RESPECT TO ANY OF THESE GOODS WHICH HAVE BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, IMPROPER CARE, IMPROPER STORAGE, IMPROPER MAINTENANCE, ABUSE OR MISUSE. 7. Claims and Liability. a) Unless Seller shall within 30 days after delivery of the Goods, receive from Buyer written notice of any matter or thing by reason whereof it is alleged that Goods are not in accordance with the Contract, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the Contract and Buyer shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in res pect of any alleged negligence and/or breach of warranty and/or any condition. b) In any claim, brought subj ect to the conditions above, Buyer must prove to the satisfaction of Seller that it followed Seller's instructions for use, care, storage, maintenance, handling and application of the Goods. c) Unless otherwise specifi cally restricted by mandatory applicable law, Seller's liability under any claim and in connection with any possible allegation, whether based on negligence, contract , or any other cause of action, shall, if the Seller shall be liable hereunder, be limited to either (i) the replacement of the Goods or the supply of equivalent goods; (ii) the repair, or payment of the cost of repair, of the Goods; or (iii) credit in an amount equal to the purchase price specified in Seller's pertinent invoice, or in an amou nt of equivalent goods, all at Seller's sole option. Buyer acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be other wise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether directly or indirectly, arising from the purchase and/or the use of Goods, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non‐pecuniary, and it is acknowledged and agreed by Buyer that in no circumstances shall Seller be liable fo r any such damages. Should any limitation on Seller's liability hereunder be held ineffective under applicable law, than Seller's l iability shall in any event be limited to the minimum amount of damages to which Seller may limit its liability, where such is greater than the purchase price as specified in Seller's pertinent invoice. Additionally, any action against Seller must be commenced within one year after the cause of action accrues. d) Buyer, for himself and for any other party which may claim either under or through Buyer, or independently of Buyer, including Buyer's employees, directors, officers, representatives and pers onnel, shall indemnify and hold Seller harmless, from and against any claim or liability for damages in any way relating to the supply or use of the Goods, includin g claims for negligence and including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Goods sold hereunder, whether alleged to have been committed by Seller or by any other person whatsoever. Buyer's undertaking as specified in this subsecti on shall extend and inure to the benefit of Seller and of Seller's successors at any time, as well as to Seller's personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be exc luded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations. e) Any and all warranties, undertakings, guarantees, or assurances provided herein by Seller, are specifically limited to Buyer herein, and not imputed by Seller, whether directly or indirectly, expressly or impliedly, to any other person or entity, including a ny subsequent buyer or user, bailee, licensee, assignee, employee and agent of Buyer. 25 beckerarena.com Page 5 8. Default. Upon failure of Buyer to pay any amounts due to Seller, or in the event of any breach or anticipated breach by Buyer of any Contract with Seller, or if Buyer shall either (i) become insolvent, (ii) call a meeting of its creditors, or (iii) make any assignment for the benefit of creditors, or if (iv) a bankruptcy, insolvency, reorganization, receivership or reorganization proceeding shall be commenced by or against Buyer, then, in each such occasion , Seller may, at its sole discretion, opt to (1) cancel this and any other Contract with Buyer (without waiving any of Seller's rights to pursue any remedy against Buyer); (2) claim return of any Goods in the possession of Buyer, the title of w hich has not passed to Buyer, and enter Buyer’s premises (or the premises of any associated company or agent where such Goods are located), without liability for trespass or any alleged damage, to retake possession of such Goods; (3) defer any shipment hereunder; (4) declare forthwith due and payable all outstanding bills of Bu yer under this or any Contract; and/or (5) sell all or part of the undelivered Goods, without notice at public and/or on private sale, while Buyer shall be responsible for all costs and expenses of such sale and be liable to Seller for any shortf all in the discharge of the amounts due to Seller. 9. Independent Delivery. Each delivery of Goods shall (without prejudice to Seller's rights under clause 8 hereinabove) be considered a separate contract and the failure of any delivery shall not vitiate any contract as to deliverie s of other Goods and payment therefor. 10. Cancellation. Orders manufactured in whole or in part, pursuant to Buyer's specifications, may not be cancelled except with Seller's prior written consent, on terms which will compensate Seller for any resulting losses. 11. No‐Assignment. No rights or obligations of Buyer arising out of this Contract may be assigned without the express prior written consent of S eller. 12. Force Majeure. Should Seller be prevented from effecting deliveries of the Goods or any of them by reason of either an act of god, insurrection, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or combinations or lock‐out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, material or services through Seller's usual and regula r sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond the absolute control of the S eller, then, in each such cases, the obligation of the Seller to effect deliveries hereunder shall be suspended until after such prevention shall cease to continue. Should any deliveries under this Contract be suspended under this clause for more than 90 days – either party may withdraw from this Contract and be relieved from any liability; provided however, that Buyer shall neverthel ess accept delivery and pay for such Goods once the Seller is able to deliver in accordance with the period(s) of shipment na med in this Contract. Seller shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned hereinabove. 13. Advice. Any provisions specified or implied by herein or elsewhere notwithstanding, any advice , recommendation, information, assistance or service provided by Seller in relation to the Goods or in respect of their use or application is given in good faith, shall be deemed accepted by Buyer without imputation of any liability to Seller, and it shall be the responsibility of Buyer to confirm the accuracy and reliability of the same in light of the use of which Buyer makes o r intends to make of the Goods. 14. Entire Agreement. This Contract merges the entire terms and conditions for sale of the Goods. In the event of any conflict between the terms herein and any provisions included in the Approval of Order, the latter shall govern and prevail. Subject to the foregoing, nothing specifie d in, or referred to by, any other document, record or instrument whatsoever, which relates to and/or which otherwise subsists in connection with the sale of Goods herein, whether expressly or impliedly, including any written order, request or other standard or specific terms of any entity, shall or may be interpreted to a ttribute to Seller and/or to Seller's affiliates or representatives (i) any liability, obligation, commitment and/or undertaking, and/or (ii) any waiver in connection with or of any right, whether contractual, proprietary, in‐person am and/or equitable, including but not limited to, any and all intellectual property rights in connection with the Goods, which are and shall always remain in the Seller's exclusive and complete ownership under all circumstances whatsoever, notwithstanding a ny sale of Goods hereunder and whether the Goods shall be standard Goods or manufactured to a specific order. No modification or waiver of any provision her eof shall become valid and effective except upon a written instrument duly signed beforehand by Seller. No waiver by either party of any default of the other party shall be deemed a waiver of any subsequent or other default. If any provision of this Contract becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, the balance of this Contract shall continue in full force and effect without the provision. 15. Law and Arbitration. This Contract shall be governed by and construed in accordance with the laws of the state of Seller's incorporation. Any disp ute arising out of or in connection with this Contract shall, if so determined by the Seller, be finally settled by arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce ("ICC"), as shall be in effect from time to time, and if so determined, the balance of this Section shall apply. The arbitration shall be held at such location in the state of Seller's incorporation as shall be determined by Seller, in its sole discretion. The arbitrator shall be mutually appointed by Seller and Buyer within 21 (twenty‐one) days following a written demand for arbitration by either of the parti es. Failing to reach an agreement regarding the nomination of an arbitrator, the head of the relevant ICC national committee (located in the Seller's country of incorporatio n; and absent such local committee in that specific country – the ICC UK Committee (www.iccuk.net)) shall appoint an arbitrator at the request of any of the parties, a copy of which request. for the appointment of an arbitrator shall be provided by the requesting party to the other party. Awards may be enforced in accordance with the 1958 New York Convention and judgment may be entered upon any award in any court having jurisdiction over the parties and/or their assets. The arbitrator's fees shall be paid by both parties in equal parts unless otherwise determined by the arbitrator. This p rovision shall survive any termination of any of the terms and conditions herein and shall be deemed to constitute an independent arbitration agreement between Buyer and Seller for all purposes and intents. 16. Dasher Board Systems 1. Seller may choose whether or not to produce the rink according to its production schedule. If they produce the rink on schedule, it will be stored a t Becker Arena Product’s location of business and storage fees will be charged to the Purchaser at the rate of US $300 per week . All payments will be due according to the terms from the original ship date. If the Seller chooses to delay production to coincide with the new ship d ate, no storage fees will apply, and payment will be due according to the terms from the original ship date. If contract terms are paid in full prior to shipping, the time will start from the original ship date and not the adjusted ship date. 2. A new shipping installation date will be coordinated with Seller's installation department and confirmed with the Purcha ser. The Seller will reschedule the installation for the next available date according to the Seller’s installation schedule. In some cases, the site delay m ay cause additional charges. This includes, but is not limited to, wages, remobilization, and equipment rental, to be paid by the Purchaser. 3. If the Purchaser's site is not ready when the Seller's installation crew arrives, additional costs will be charged to the Pur chaser. This includes, but is not limited to wages, travel, lodging, meals, equipment rental and changes in Becker Arena Product’s installation schedule. 17. General Site Requirements. The following criteria must be met, or extra charges may apply, and delays will be incurred, if the site is not in compliance when Seller is ready to deliver and install the goods: 26 beckerarena.com Page 6 1. Concrete and Floor Work: All concrete work is to be completed and allowed to cure, according to job specifications and/or ref rigeration contractors requirements, before the date installation is scheduled to begin. 2. The levelness of the perimeter concrete, where the rink is to be installed, must be within 1/8" of levelness for every 10' in length and no mo re than 1/4” difference in height over the length and width of the perimeter surface. 3. For sand floors, the first 6" from the front of the curb, where the rink is to be installed, must be within 1/16" of flatness from the inside edge outward and meet the levelness and flatness conditions specified above, Sand floors are not to be final graded prior to dasher board installation. 4. Expansion joints, which are to be covered completely by the rink, are to be within 1/2” of straightness from end to end and side to side. The distance from side to side and end to end of the outside edge of the expansion joint is to be within 1/2” of the required dimension for the frame to cover it. 5. If, upon arrival, the perimeter concrete is inspected and does not meet the specifications for levelness, flatness, straightn ess and size, the following will occur: 6. Seller's Representative will determine if rink can be shimmed or adjusted/cut to achieve desired levelness, fit and/or expansion joint coverage while maintaining the structural integrity of the rink. If so, the additional time and materials to do this will be paid by the Pur chaser. A change order must be filled out by the Seller's Representative and signed by the Purchaser before any work commences. 7. If the rink cannot be shimmed or adjusted to the desired levelness and/or coverage while maintaining the structural integrity of the rink, the Purchaser will be responsible for fixing the surface to meet specifications. All associated costs for this are the sole responsibility of the Purchaser. 8. The Seller will accept contracts that are retrofit projects with the understanding that the condition of the underlying perimeter concrete work meets the specifications stated above. If, after removal of the existing rink, the concrete does not meet these conditions, points “1” and “2” from above will apply. 18. Requirements for Rink Installations: (Refer to the enclosed Site Requirements) 1. Walk Through Inspection. When Seller's work is complete or near complete, Purchaser or the Purchaser's Representative (includ ing general contractors and architects) must be available for a final walk-through inspection with the Seller's Representative. Any parties who do not attend the walk through will forfeit their right to submit punch list items. A final punch list of items to be completed or repaired will be prepar ed as a result of this walk through. Any item not included on the final “punch list” will not be the responsibility of the Seller unless it is covered by the Sell er's Warranty. 2. Shop Drawings and Non-standard Shielding. Preparation of shop drawings will no t commence until after the signed contract has been delivered to Seller. Production will not commence until Seller receives approved shop drawings. Field measured; tempered glass (non -standard sizes) may require an additional 3-4 weeks for delivery after completion of installation. Any field measured tempered glass to be installed by purchaser. 3. Polyethylene. All polyethylene used to manufacture the rink shall be virgin material. All colors shall match within manufactu rer's tolerance. 4. Seller will not be responsible for replacing polyethylene that conforms to manufacturers color tolerance. During manufacturing, all panels shall have the polyethylene overhang past the frame a minimum of 1/16” on each end to allow for contraction of the material due to temp erature change in the field. Seller shall not be responsible for material contraction gaps between panels due to temperature change if it adheres to these manufacturing requirements. 5. Material Check-in. (Installation supervision and supply only contracts) The Purchaser shall be responsible to verify the shipment for quantities and any damage caused from shipping for jobs that include installation supervision or are supply only. Any quantity variances and/or damage must be noted and reported to the Project Manager by filling out the Material Check-in Form and faxing it to the Project Manager. Missing/damaged items must be reported within 24 hours of receipt to receive credit. All boxes will be clearly marked by the Seller. The Ship list will clearly iden tify the contents and quantities of the shipment. It is the responsibility of the Purchaser to verify that all box numbers in the hardware crate are accounted fo r, not to open and count each individual item per box. The Purchaser must count anything that is not boxed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idewalkPark ShelterWalking/Bike Path 28 Round House Park PlaygroundWobble Sphere29 Round House Park PlaygroundVertical Net30 Round House Park Playground31 Round House Park PlaygroundSolo Spin(Age 2-12)Gallagher the Grasshopper32 P.O. Box 27328, Golden Valley, MN 55427763-546-7787 1-800-622-5425Fax 763-546-5050E-Mail info@mnwiplay.comMfg. By:DistributedSold &By:Please Initial & Sign the Final Top View:Roundhouse ParkChanhassen, MinnesotaTHIS PLAN REQUIRES A FINISHED GRADE RESOLUTION33 34 35 36 37 City of Chanhassen Attn: Jerry Ruegemer 7700 Market Blvd Chanhassen, MN 55317 Ship to Zip 55317 Quantity Part #Description Unit Price Amount 1 RDU GameTime - Play Unit $35,670.69 $35,670.69 1 RDU GameTime - Swings $3,797.00 $3,797.00 1 6201 GameTime - Tilted Sky Runner (F/S)$3,928.00 $3,928.00 1 3205 GameTime - Spinning Sensory Wave Seat $1,272.00 $1,272.00 1 178749 GameTime - Owner's Kit $66.00 $66.00 Sub Total $44,733.69 Material Surcharge $9,511.49 Freight $4,461.29 Total $58,706.47 This quotation is subject to current Minnesota/Wisconsin Playground (MWP) policies as well as the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Minnesota/Wisconsin Playground. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and MWP, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Indemnification; Owner/Owner's Representative will indemnify and hold Minnesota Playground, Inc., dba, Minnesota Wisconsin Playground (MWP), harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of Owner/Owner's Representative's negligence or noncompliance with any of its commitments under this document. MWP will indemnify and hold Owner/Owner's Representative harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of MWP's negligence or noncompliance with any of its commitments under this document. Excusable Delays/Additional Costs: MWP, and/or its affiliates, shall be liable for default unless delay of performance, whether supplying materials only or including installation in accordance with our project scope, is caused by an occurrence beyond reasonable control of MWP, and/or its affiliates, such as, but not limited to, acts of Superior Force or the public enemy, acts of Government in either its sovereign or contractual capacity, fire, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, delays of common carriers (for transportation of goods whether raw materials or finished product) and attainability of raw materials. Such events resulting in additional costs are not included in quoted amounts and shall be the responsibility of the Owner/Owner's Representative. Any additional costs shall be provided in writing for purchaser's records and shall be due upon payment of invoice. Payment terms: net 30 days for tax supported governmental agencies. Should this quotation be forwarded to an agency not listed on this quote, credit terms, as well as other terms and conditions herein, may be need to be altered. For instance, non-tax supported organization purchasing any or all products and/or services quoted herein may require full payment for that amount due at time of order entry. Remaining balance owed by tax supported agency, if any, shall still be net 30 days. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Unless already on file, please include a tax exempt certificate upon order entry whether a tax supported government agency or other. Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | dan@mnwiplay.com CONSULTANT: DAN LANES 03/24/2022 Quote # 102422-01-02 D11146L Roundhouse Park M Page 1 of 2 38 EWF Shipment: order shall deliver within 14 - 21 days after our receipt and acceptance of your purchase order as well as schedule and weather allowing. Bulk material will ship via semi-truck/trailer with a live floor system in trailer which allows driver to deposit EWF directly onto a specific area provided proper access is available. Driver has final say whether the site has proper access. Site restoration is not included and will be the responsibility of the owner/owner's representative. Road restrictions may be in effect and cause delays depending on time of year. Freight charges: Prepaid & added Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Order Information: Bill To: _____________________________________________ Ship To: _____________________________ Company: ___________________________________________ Project Name: ________________________ Attn: ________________________________________________ Attn: _____________________________ Address: _____________________________________________ Address: ____________________________ City, State, Zip: _______________________________________ City, State, Zip: ______________________ Contact: ______________________________________________ Contact: ____________________________ Tel: _________________________________________________ Tel: ________________________________ Fax: _________________________________________________ Fax: ________________________________ Acceptance of quotation: Accepted By (printed): _________________________________ P.O. No: _____________________________ Signature: ___________________________________________ Date: ________________________________ Title: _______________________________________________ Phone: ______________________________ Facsimile: __________________________________________ Purchase Amount: $58,706.47 Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | dan@mnwiplay.com CONSULTANT: DAN LANES 03/24/2022 Quote # 102422-01-02 D11146L Roundhouse Park M Page 2 of 2 39 City of Chanhassen Attn: Jerry Ruegemer 7700 Market Blvd Chanhassen, MN 55317 Ship to Zip 55317 Quantity Part #Description Unit Price Amount 1 Consult Other - On Site Consult Supervision $1,293.42 $1,293.42 Sub Total $1,293.42 Total $1,293.42 This quotation is subject to current Minnesota/Wisconsin Playground (MWP) policies as well as the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Minnesota/Wisconsin Playground. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and MWP, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Indemnification; Owner/Owner's Representative will indemnify and hold Minnesota Playground, Inc., dba, Minnesota Wisconsin Playground (MWP), harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of Owner/Owner's Representative's negligence or noncompliance with any of its commitments under this document. MWP will indemnify and hold Owner/Owner's Representative harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of MWP's negligence or noncompliance with any of its commitments under this document. Excusable Delays/Additional Costs: MWP, and/or its affiliates, shall be liable for default unless delay of performance, whether supplying materials only or including installation in accordance with our project scope, is caused by an occurrence beyond reasonable control of MWP, and/or its affiliates, such as, but not limited to, acts of Superior Force or the public enemy, acts of Government in either its sovereign or contractual capacity, fire, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, delays of common carriers (for transportation of goods whether raw materials or finished product) and attainability of raw materials. Such events resulting in additional costs are not included in quoted amounts and shall be the responsibility of the Owner/Owner's Representative. Any additional costs shall be provided in writing for purchaser's records and shall be due upon payment of invoice. Payment terms: net 30 days for tax supported governmental agencies. Should this quotation be forwarded to an agency not listed on this quote, credit terms, as well as other terms and conditions herein, may be need to be altered. For instance, non-tax supported organization purchasing any or all products and/or services quoted herein may require full payment for that amount due at time of order entry. Remaining balance owed by tax supported agency, if any, shall still be net 30 days. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Unless already on file, please include a tax exempt certificate upon order entry whether a tax supported government agency or other. Freight charges: Prepaid & added Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | dan@mnwiplay.com CONSULTANT: DAN LANES 03/24/2022 Quote # 102422-01-03 D11146L Roundhouse Park I Page 1 of 3 40 Consult Project Scope: Please note, consult is based on site conditions that have been conveyed to our organization by the Owner/Owner's Representative and ideal conditions existing for a timely completion of your project as quoted. Unless addressed prior to this quote being issued or specifically mentioned herein, any issues that arise impeding the progress/completion of your project as quoted will result in additional charges. Weather can change project scheduling in many ways. Take rain for an example. Day, or days, before rain... If weather forecasts show a high percentage chance for rain that will affect the site conditions, a postponement may be in order. Digging holes, laying certain surfacing materials, etc., are greatly affected by weather conditions and work may not begin/continue due to weather forecasts. There are the rain days themselves, which if heavy enough rainfall occurs, makes a site unworkable. Day, or days, after rain... Drying time will be needed after rain and the number of days needed will vary depending on amount of precipitation received. One actual rain day may equal multiple delay days depending on work scheduled to be done. + CONSULT INCLUSIONS + + One mobilization + One consultant, one eight-hour day (If more time is required, additional charges will be applicable.) + Public utility locates only + Consultant to supervise assembly of equipment as outlined in quote and as shown on drawing + Standard insurance offerings for consultant only + Standard warranty offerings for product only + Standard industry accepted labor wages for consultant only * VOLUNTEER RESPONSIBILITY DAY OF BUILD (CONSULT EXCLUSIONS) * * Unpacking of play equipment * Disposal of packing materials * Assembly of play equipment * Supply concrete for footings as needed * Pouring of concrete for footings (Should time be limited due to assembly of equipment and concrete not be poured day of volunteer build, consultant will review concrete needs, specifically pouring of concrete, with volunteers prior to consultant's departure.) * Supply of safety surfacing * Installation of safety surfacing (Consultant will not be a part of safety surfacing as this material will be the responsibility of the Owner/Owner's Representative.) * Construction tape/temporary bracing (as needed) * Site security - OTHER EXCLUSIONS - - Clear access path up to and into play area for installation equipment (minimum of 8-foot wide, includes but not limited to gates, walkways, driveways, etc.) - Staging area for materials and installation equipment, trailers, etc. - Unobstructed space for maneuvering installation equipment as well as performing work - Security fencing of any type - If fencing is in place (by others), ability to unlock fencing is to be provided to our office a minimum of one week prior to our start - Accepting, unloading and storage of order(s)/shipment(s) prior to installation - Private utility locates such as, but not limited to, irrigation, fiber optics, private lighting, etc. - Marking and digging of footings holes to accept direct embedment supports as needed - Setting depth of footing holes and placing blocks in bottom of footing holes with transit. - Sitework of any kind such as, but not limited to, grading (play area to have max slope of 1%), site restoration, drainage, etc. - Removal of existing play equipment, border, safety surfacing, etc. - Backfill material and compaction of backfill after removal of existing items (for footing holes as an example) that leave voids in area (marking and digging of new footing holes based on workable site) - Digging in compacted sub-surfaces, rock, hard pan, tree roots, unstable soil conditions, etc. - Restoration of compacted sub-surfaces for playground surfacings such as, but not limited to, poured-in-place rubber, rubber tiles, artificial turf, etc. Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | dan@mnwiplay.com CONSULTANT: DAN LANES 03/24/2022 Quote # 102422-01-03 D11146L Roundhouse Park I Page 2 of 3 41 - Digging/maneuvering in sand, pea gravel, mud, etc., whether along access path, staging area or within the play area - Offsite removal of spoils from footing holes (can be stockpiled near play area for owner/owner's representative removal or spread within play area) - Disposal of packing material by volunteers (can be deposited in owner/owner's representative onsite dumpster or stockpiled for removal by others) - Playground safety surfacing - Border to help contain safety surfacing - Removal of temporary braces, caution/construction tape, etc. (Can be removed and disposed of after concrete has cured.) - Bonding of any type - Permits of any kind - Prevailing, Davis Bacon, Union, or similar, wages - Restroom facilities, see below for specifics Please provide access to restrooms. Should use of site facilities not be available, temporary/portable restrooms and/or washing stations will need to be brought on site. These temporary facilities should be removed once volunteer build has been completed. Should volunteer build occur over a weekend or during non-standard business hours, please provide a site contact and more than one telephone number to reach this person in case an urgent matter arises requiring immediate attention. (Name) _________________________________________________ (Cell) ___________________________________________________ (Other Telephone Number) ____________________________ Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Order Information: Bill To: _____________________________________________ Ship To: _____________________________ Company: ___________________________________________ Project Name: ________________________ Attn: ________________________________________________ Attn: _____________________________ Address: _____________________________________________ Address: ____________________________ City, State, Zip: _______________________________________ City, State, Zip: ______________________ Contact: ______________________________________________ Contact: ____________________________ Tel: _________________________________________________ Tel: ________________________________ Fax: _________________________________________________ Fax: ________________________________ Acceptance of quotation: Accepted By (printed): _________________________________ P.O. No: _____________________________ Signature: ___________________________________________ Date: ________________________________ Title: _______________________________________________ Phone: ______________________________ Facsimile: __________________________________________ Purchase Amount: $1,293.42 Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | dan@mnwiplay.com CONSULTANT: DAN LANES 03/24/2022 Quote # 102422-01-03 D11146L Roundhouse Park I Page 3 of 3 42 SINGLE POST SWINGPART# ZZXX0818W/ ADD A BAYPART# ZZXX0819W/ BELT SEATSPART# ZZXX0260W/ TOT SEATPART# ZZXX0265W/ ADA SEATPART# ZZXX08920.5 1.005'Meters2.0 3.010'TRANSFERSTATIONW/ STEP36" 60"72"96"ZIG-ZAGSLIDEMIGHTYDESCENTSLIDETWISTEDCLIMBERCONVERGECLIMBERHORIZONTALLOOP LADDERW/ ACCESSLADDERLEGLIFTRIBBONCLIMBERADASTAIRSADASTAIRSHOPSCOTCHCLIMBERROPELADDERTRANSFERSTATIONW/ STEP36"0,92MCLIMBINGSQUAREACCESSIBLEBELLPANELPOSTMOUNTDRUM36" (0,92M) RISEVERTICAL 'S'CRAWL TUBE90°GLIDESLIDE110'-8"82'-9"17'-9"17'-7"30'-6"13'-10"21'-5"13'-9"14'-2"26'-8"26'-11"2-5AREA5-12AREAPOST MOUNTBELLTotal Elevated Play Activities:Total Ground-Level Play Activities:AccessibleElevatedActivitiesAccessibleGround-LevelActivitiesAccessibleGround-LevelPlay TypesRequiredProvidedADA SCHEDULE84663633BPaper SizeUSER CAPACITY: AGE GROUP:AREA: PERIMETER:EQUIPMENT SIZE:USE ZONE:DATE:SCALE:PROJECT NO:FALL HEIGHT:*PLAYGROUND SUPERVISION REQUIREDDRAWN BY:ASTM F1487-CPSC #325ROUND HOUSE PARKCHANHASSEN, MN22-8265A 3/32"=1'-0"JESSE HOUSER23-MAR-2022SEE DWG82'9" x 110'8"7,512 SqFt. 318 Ft.8 Ft.71 2-1221MIDWEST PLAYSCAPES, INC.8632 Eagle Creek CircleSavage, MN 55378Total Elevated Play Activities:Total Ground-Level Play Activities:AccessibleElevatedActivitiesAccessibleGround-LevelActivitiesAccessibleGround-LevelPlay TypesRequiredProvidedADA SCHEDULE3232121143 POST & COMPONENTROTOMOLD PLASTIC2-COLOR PLASTIC ECO-ARMORROPE22-8265AEquipment ManufacturerSales RepresentativeRound House ParkChanhassen, MN44 22-8265AEquipment ManufacturerSales RepresentativeRound House ParkChanhassen, MN45 22-8265AEquipment ManufacturerSales RepresentativeRound House ParkChanhassen, MN46 22-8265AEquipment ManufacturerSales RepresentativeRound House ParkChanhassen, MN47 48 49 50 51 52 3/22/2022 Page 1 of 5 PlayPower LT Farmington, Inc. 878 E. US Hwy 60 Monett, MO 65708 1-800-325-8828 QUOTE: R0324220014 Project: R0324_44635506355_02 Round House Park Playground – City of Chanhassen Bill To: Project Name & Location: Prepared by: Adam Beers Round House Park Playground Northland Recreation City of Chanhassen P.O. Box 147 952-227-1304 (phone) abeers@ci.chanhassen.mn.us 3950 Kings Road Excelsior, MN 55331 Bill Johnson 10085 Bridgewater Bay Woodbury, MN 55129 651-269-0720 (phone) bjohnson@northlandrec.com Ship To Address: Round House Park Playground 3950 Kings Road Excelsior, MN 55331 Quote Number: R0324220014 Quote Date: 3/22/2022 Valid For: 30 Days From Quote Date **Note: Due to supply chain issues, ship dates are currently loading October 2022. However, we may have the ability to move the shipment into the summer months, depending when it is ordered. PlayArea_1 Product line: KidBuilders Age group: 5-12 Global defaults Belt Swing Seat Color Black Inclusive Seat Clr CYAN Infinity 1 Plastic Clr CYAN KB Accent Color LIME KB Pnl/Crwl Tunnel Clr COBALT KB Roof Color COBALT KB Slide/Float Stone Clr CYAN KB Vinyl color Blue KB/Jeep Ground Cover Buried Kid Builder Post Color METALLIC GRAY MaxPlay TM Swing Clr METALLIC GRAY NFS Fun Wheel Color NFS Ground Cover Buried NFS Post Color METALLIC GRAY NRG Plastic Clr COBALT Rail Accent Color COBALT Spinner Component Mounting Buried Stand-n-Spin Clr METALLIC GRAY Tot Swing Seat Color Black Us/Csa Labels For Swings Wobble Sphere Plastic Color CYAN Wobble Sphere Post Color METALLIC GRAY Components Part Number Description Qty Weight Volume 100001127 KB LONG DK/DK PLATE 205MM/8" 1 25.00 0.38 53 3/22/2022 Page 2 of 5 100001134 KB DK/DK PLATE 203 MM/8" 1 16.00 0.22 200006961 BRIDGE ARCH W/SAFETY RAILS KB 1 403.00 53.86 200006977 SLIDE DBL. WD. 1625 MM/64" KB 1 221.00 94.02 200006980 SLIDE WAVE KB 1220 MM/48" KB 1 122.00 43.03 200006993 KB SLIDE POLE 1625 MM/64" 1 63.00 15.00 200007137 ROOF SQ. W/SHINGLES KB (W/HDWR) 1 100.00 75.98 200008193 TOOL BOX KID BUILDERS #2, S.S. (MM) 1 3.00 0.36 200013795 KB 10' GALV POST WITH CAP 1 52.00 2.60 200013798 KB 136" GALV POST WITH CAP 4 59.00 3.00 200013810 KB 148" GALV POST WITH CAP 5 64.00 3.20 200013813 KB 4165/164" GALV POST WITH CAP 5 71.00 3.60 200066522 STEPS DECK/DECK 815 MM W/SAFETY RAILS K 1 264.00 27.27 200069058 KB 213"/5410MM GALV POST W/CAP 4 93.00 4.60 200092591 STEPPING STONES F/KB 1 42.00 6.80 200098030 KB CATWALK 1 362.00 59.51 200102487 CLIMBER FAN 64"/1625mm F/KB 1 148.00 52.14 200200530 KIT MAINTENANCE KB W/PAINT W/O LIST 1 10.00 0.00 200201539 STAND N SPIN 1 118.00 19.90 200202105 KB 96" HYPERSONIC SLIDE 1 255.00 80.00 200202126 KB INFNTY HI-CLMB 96"(2440 MM) 1 240.00 135.00 200202202 MAXPLAY 8' STANDARD BEAM 1 220.00 11.50 200202204 MAXPLAY 8' ADD-ON STANDARD BEAM 1 140.00 9.30 200202256 KB FIRE ESCAPE CLIMBER 96" 1 120.00 24.00 200202447 KB PEDAL POD BRIDGE 815MM(32") 1 225.00 22.00 200202483 KB DECK SQUARE LARGE HOLE 11GA 2 116.00 9.86 200202485 KB DECK TRIANGLE LARGE HOLE 11GA 3 59.00 7.25 200202488 KB DECK 1/2 SQUARE LARGE HOLE 11GA 2 66.00 7.55 200202564 KB TRANS STAT 1220 GRD RL 11GA 1 378.00 30.58 200202835 ASSY BELT SEAT F/8' SWING W/CHAIN 2 18.00 0.50 200202836 ASSY TOT SEAT F/8' SWING W/CHAIN 1 21.00 1.00 200202884 NRG FREESTYLE 3 UP HUB 1 70.00 18.00 200202887 NRG FREESTYLE SOLO POD 2 55.00 40.00 200202892 NRG FREESTYLE LOOP RAIL 1 25.00 3.30 200202894 NRG FREESTYLE FUNWHEEL 1 45.00 26.40 200202895 NRG FREESTYLE RAIL TO KB 1 10.00 1.00 200202898 NRG FREESTYLE VERT NET 1 110.00 6.00 200203198 WOBBLE SPHERE 1 175.00 50.00 200203205 KB BOINGO 1 15.00 2.00 200203334 KB CRAZY STRAW CLIMB 64" W/WIRE ENCL 1 125.00 25.00 200203433 INCLUSIVE SWING SEAT W/CHAINS 8' 1 45.00 20.10 PlayArea_2 Product line: PlayBuilders Age group: 2-5 Global defaults Freestanding Sign Ground Cover Buried KB Accent Color LIME KB Climber Clr CYAN Laminated Panel COBALT-SAND-COBALT PB Ground Cover Buried PB Slide Color CYAN PB Vinyl Clr Blue Plastic Steering Wheel LIME Play Builder Accent Color LIME Play Builder Post Color METALLIC GRAY Solo Spin Plastic Clr CYAN Solo Spin Post Clr METALLIC GRAY 54 3/22/2022 Page 3 of 5 Spinner Component Mounting Buried Welcome Sign Frame Color COBALT Components Part Number Description Qty Weight Volume 100005100 PB DK/DK PLATE 205MM/8" 2 10.00 0.03 100005640 PB TRIANGLE DECK 2 30.00 4.01 200054574 RUNG LADDER PB 24"/610 W/SAFETY LOOPS 1 26.00 0.92 200072938 TOOL BOX F/PLAY BUILDERS (MM) 1 5.00 0.36 200092985 STEPPING STONE F/PB 1 39.00 7.90 200200531 KIT MAINTENANCE PB W/O LIST PRICE 1 0.00 0.00 200200767 PB TRANSFER STATION (2006) 1 175.00 15.00 200201025 SLIDE WAVE SGL.WD. 812MM F/PB 1 91.00 34.00 200201198 KB STRAIGHT BALANCE BEAM 6' W/RND LEG 1 120.00 2.00 200201870 SOLO SPINNER 1 38.00 3.50 200202419 PB 815MM(32") JUNGLE CLIMB 1 105.00 20.00 200202613 PB POST W/CAP 2690MM (106") 1 39.00 1.70 200202614 PB POST W/CAP 2895MM (114") 3 42.00 1.90 200203550 LT WELCOME SIGN 2-5YR Welcome Sign Frame Color: COBALT 1 60.00 10.00 200203552 LT WELCOME SIGN 5-12YR Welcome Sign Frame Color: COBALT 1 60.00 10.00 200203578 ASSY F/PB POST MT.PLAS.STEER.WHL. 1 3.00 1.30 M00000962 SPRING RIDER GRASSHOPPER,GALLAGHER 1 130.00 40.00 Note: Price includes equipment, shipping, and supervision of installation only. All removals, sitework, resilient surfacing, landscaping, etc. are by owner. Totals: Products Subtotal: $60,000.00 Installation: Supervision Included Estimated Sales Tax*: Not Included Freight: Included Grand Total: $60,000.00 55 3/22/2022 Page 4 of 5 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. Attention: Sales Administration 878 E US Hwy 60 Monett, Missouri, USA 65708 1-800-325-8828 PlayPower LT Farmington PO Box 734155 Dallas, TX 75373-4155 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 18.29% recycled content This playground qualifies for 1 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 Cust omer, 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:___________________ ________________________ ________________________ 56 3/22/2022 Page 5 of 5 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 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 portio ns 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. 57 Park & Recreation Commission Item April 26, 2022 Item Easter Egg Candy Hunt Evaluation Item No:H.1 Agenda Section REPORTS Prepared By Priya Tandon, Recreation Coordinator SUGGESTED ACTION SUMMARY The 39th annual Easter Egg Candy Hunt was held on Saturday, April 16th, at 9am at City Center Park. Over 1,600 people (828 children) attended the event this year. In total, 828 children registered for the event, which is the highest number of participants we have seen (typically 350-500 children register). Of the total registrations, 693 were pre-registrations and 135 were day-of. Of the day-of registrations, 17 were processed efficiently with new Square card-reading technology. The weather was in the 30's and was overcast and windy, which likely contributed to the low number of day-of registrations. Adjustments that were made to accommodate the unexpectedly high number of participants included purchasing additional candy and supplies, recruiting additional volunteers, expanding the candy hunt area, and adding more check-in stations. All participants receive a goodie bag to collect candy and eggs, and were divided into three age groups for the candy hunt: 4 & under, 5-8, and 9-12. In addition to candy and eggs, they had the opportunity to hunt for free custard tokens donated by Culver's Chanhassen, and "golden eggs" that were redeemable for prizes. Prizes for this year's hunt were generously donated by kiddywampus, Pizzaioli, Chick-fil-A, Houlihan's, and Lunds & Byerly's, all in Chanhassen. Special thanks goes to our Community Event Sponsors that made this possible. Special thanks also goes to kiddywampus in Chanhassen for donating prize baskets, and the Chanhassen Fire Department and Chanhassen Key Club for volunteering at the event. 58 Coloring Contest The annual Easter Coloring Contest was also run as part of the 39th annual Easter Egg Candy Hunt. Prizes were awarded in 10 age categories based on originality and neatness. Forms were available online, at City Hall, and the Rec Center, and could be submitted online, at City Hall or the Rec Center, and at the Easter Egg Candy Hunt. A total of 114 coloring contest entries were submitted to this year's contest. Recommendations for 2023 Continue the use of Square card-reading technology to process credit/debit card registrations at special events. Host multiple "waves" of the egg hunt at different times, as was done in 2021 due to COVID. This will help alleviate long check-in lines and congestion in the hunt areas. There was much positive feedback on the wave system when it was used in 2021. BACKGROUND DISCUSSION RECOMMENDATION ATTACHMENTS Expense Report 2022 Historical Participation 2016-2022 59 REVENUE AMOUNT Registrations (828 x $6)$4,968.00 Total $4,968.00 EXPENDITURES 101-1611-4130 (Budget: $1,650) Candy $1,218.43 Pre-filled eggs $280.50 Goodie bags $77.73 Volunteer snacks $5.99 Total $1,582.65 101-1611-4340 (Budget: $400) Southwest Publishing (Front-page ad)$375.00 Total $375.00 TOTAL REVENUE: $4,968.00 TOTAL EXPENSES: $1,957.65 BALANCE: $3,010.35 2022 Easter Egg Candy Hunt Expense Report *The Easter Egg Candy Hunt is the second of four events under the Community Event Sponsorship Program. Forty-four businesses have pledged $33,385.00 in cash and goods for 2022 to support these four events. 60 Year Participation 2016 342 2017 247 2018 217 2019 471 2020 0 2021 461 2022 828 342 247 217 471 0 461 828 0 100 200 300 400 500 600 700 800 900 2016 2017 2018 2019 2020 2021 2022Participation (children)Year Easter Egg Candy Hunt Participation 61