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HomeMy WebLinkAbout02-24-2022 Meeting PacketPARKS AND RECREATION AND FORESTRY COMMISSION 6:30 P.M. I FEBRUARY 24, 2022 1 MOUNDS VIEW CITY HALL MEETING AGENDA MQLTNDS VIEW 1. CALL TO ORDER 2. ROLL CALL: Commissioners: Arel, Anderson Lillemo,Palm, Sullivan, Wake Wiesner Commissioners Appointed- Need Oath of Office — New Appointment — Nelson Staff: Peterson i Thomas *to be absent 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES January 27, 2021 5. SPECIAL BUSINESS A. Oath of office for Appointed Commissioner Nelson- by Don Peterson 6. PUBLIC INPUT Citizens may speak to issues not on tonight's agenda. Before speaking, please give your full name and address. Please limit your comments to three minutes. 7. STAFF REPORTS A. Parks and Recreation - Andy B. Public Works — Don 8. UNFINISHED BUSINESS A. City Hall Park — Update Challenge Course, YALP features 9. NEW BUSINESS A. Interactive nature and/or book walks-Silverview, Greenfield, Woodcrest Park? B. Coach of the Year 10. COMMISSIONER REPORTS 11. REQUESTS FOR FUTURE AGENDA ITEMS / OTHER BUSINES 12. ADJOURNMENT: Next Regular Commission Meeting: March 24. 2022 PARKS AND RECREATION AND FORESTRY COMMISSION 6:30 P.M. I JANUARY 27, 20221 MOUNDS VIEW CITY HALL�t MEETING MINUTES M !IVIEW Virtual Meeting CALL TO ORDER AT 6:35 PM 2. ROLL CALL: Commissioners: Arel, Palm, Sullivan, Wake Wiesner Commissioners Appointed- Need Oath of Office — Re -appointment - Lillemo, - New Appointment — Anderson, Nelson Staff: Peterson I Thomas *to be absent 3. APPROVAL OF AGENDA: Motion by Wake Wiesner, 2nd by Palm to approve agenda with amendment to move 9E -City Hall Park to 9A. Motion Passed 4-0 4. APPROVAL OF MINUTES November 18, 2021: Motion to approve by Sullivan, 2nd by Arel. Motion Passed 4-0. 5. SPECIAL BUSINESS A. Oath of Office for Re -Appointed Commissioner Lillemo - by Don Peterson B. Oath of office for Appointed Commissioner Anderson - by Don Peterson C. Vote on Commission Chair, Vice Chair, and Secretary: Palm nominated Arel as Chair -2nd by Sullivan. Motion Passed 6-0. Palm nominated Wake Wiesner as Vice Chair, 2nd by Sullivan. Motion Passed 6-0. Sullivan nominated Palm as Secretary, 2"d by Lillemo. Motion Passed 6-0. 6. PUBLIC INPUT Citizens may speak to issues not on tonight's agenda. Before speaking, please give your full name and address. Please limit your comments to three minutes. NO RESIDENTS PRESENT. 7. STAFF REPORTS A. Parks and Recreation —Andy. See attached report. New recreation software coming soon "Civic Rec." New spring and summer programming coming mid to late February! B. Public Works — Don. See attached report. 8. UNFINISHED BUSINESS 9. NEW BUSINESS A. City Hall Park: Consider creating a challenge course, installing a GT Wave feature, a Yalp feature, additional parking and sidewalks. What do we know about the electronics with Yalp and the needs of the product maintenance since it is coming from a different country? Consider putting a Yalp feature behind City Hall where the old playground used to be, or at a different park like the soccer wall feature at Greenfield or Groveland tennis court. We feel that the connections with sidewalks at City Hall Park is important. City Council has directed the sidewalks, north parking lot, and two shelters put in yet this year. Direct Staff to bring more details forward. B. Review of Parks and Recreation and Forestry Commission — Role and Duties: Welcome to Marsha Anderson! C. Review of City Parks: D. Review of Park Dedication Fund — Projects, Budget Balance $195,196. Skyline project will add about $400K to the PDF. A couple potential projects could add more funds as well. E. Community Center Expansion: See attached report. City Staff is working with a consulting firm (CSL) to determine if there is a need for 3 more courts and if we would get basketball and volleyball tournaments etc. coming into the city. Consider gender -neutral bathrooms/locker room spaces. And make bathroom signs at our park buildings gender - neutral or for both genders to be more inclusive. 10. COMMISSIONER REPORTS: We are seeing kids skating at Hillview! Virtual meetings through February. MVPD Father -Daughter Dance coming Feb. 4 11. REQUESTS FOR FUTURE AGENDA ITEMS / OTHER BUSINESS; A. Looking to spring and interactive nature and/or book walks-Silverview? Greenfield? Woodcrest? 12. ADJOURNMENT: Motion to adjourn at 8:38 PM by Sullivan. 2nd by Wake Wiesner. Motion Passed 6-0. Next Regular Commission Meeting via Zoom: February 24, 2022 at 6:30 PM Item No. 6A M6U--NDitSVFE-W PARKS & RECREATION MEMORANDUM To: Parks & Recreation & Forestry Commissioners From: Andy Thomas — Parks & Recreation Superintendent Date: February 24, 2022 RE: Parks & Recreation Staff Report The following is a synopsis of recent activities and events of the Parks & Recreation Department. Operations Civic Rec — P&R website updated and Civic Rec is live Furniture — Scheduled to be delivered in March • Staffing — Summer seasonal positions have been posted Programs • Program Brochure Ice Rinks Numbers • Lambert o Weekdays — 4 per day o Weekends — 7 per day • Hillview o Weekdays — 6 per day o Weekends — 9 per day • Hillview sees more kids and Lambert more adults because the ice is better. Coach of the year 11 Page Item No. 613 MEMORANDUM To: Parks & Recreation & Forestry Commissioners From: Pete Szurek — Public Works Superintendent Date: February 24, 2022 RE: Public Works Staff Report The following is a synopsis of recent activities and events of the Public Works Department. Maintenance Staff worked on the following items since January, 2022; • Ash tree, down fall and hazard tree removals • Chipping trees and debris • Snow removal from rinks, lots ect. • Rink flooding and sweeping Mon- Fri unless the temps are below zero 45 2022 park maintenance planning • Equipment repairs ■ Plowing • Splash pad camera installation • Splash pad filters ordered, will install in the spring 2022 • Spring/ Summer turf maintenance planning and scheduling Ordering swing for Silverview Trail, East most swing (installation summer 2022) • Ordering tennis bang boards — installation 2022 • Ordering 2 grills for city hall park — installation 2022 • Compiling quotes for Lambert hockey rink restoration • Building Repairs Groveland HVAC replacement $9,0000 • Supply inventory checks and ordering • Wood chipping faraway 9 and disc golf trails • Stump grinding starting next week • Playground inspection training scheduled for November 2022 -all full time parks workers will be certified (PMT) Playground Maintenance Technicians Forestry Staff worked on the following items this last month: • Resident consults • Contractor meets • Disease tree contractor removals on going (should be close to complete 3-4-2022) • Planting plan for 2022 spring Invasive removal 2022 plan • Construction removal planning and evaluations for 2022-23 • All 2022 public land ash removals/ hazard removal are complete 11 Page Public Works Staff Report The following is the List of Parks and projects / maintenance activities ongoing or planned this year. Current updates are in black text, and updates from the previous two month period are in grey. Ardan Park ■ Working with Stantec Engineering on some drainage issues in the Park. Application to perform some storm water pond maintenance was submitted to RCWD. • Work to be scheduled for this winter — postponed at this time. Still working with contractor for a date on completion. • Work on ditch completed — some restoration needs to be finished. • Leaf mulching City Hall Campus: • New Picnic Shelters are being built, will be ready for next season rental. • Worked with plumber and vendor to winterize the splash pad. • Installation of the New Picnic Tables started • Wood chipped trees • Irrigation system installation shop • Leaf removal/ mulching • Sun shade removal from the playground area Splash Pad • Testing will be in open the Weekend of May 29 • New UV light unit installed — Staff working on the system to fine tune the new UV system. • Splash winterizing • New sand filter quotes • Installation of new sand filter April 2022 (already purchased) • New tank filters installation upon start up spring 2022 • New grill and ash receptacle installation summer 2022 Groveland Park: • Final Inspection of Punch list items on 10/25/2018 for Tennis/Basket Ball Court • Working on tennis lights they are not working • Tennis lights repaired breakers replaced • Leaf mulching and removal • New HVAC installation March of 2022 21 Page Public Works Staff Report Greenfield Park: • Notified by the DNR that corrections to be made to the tennis court gate entrance — ADA accessible. Fencing contractor scheduled for next month Leveled the trail running in the back portion of the Park, added class 5 as needed. • Commission will need to discuss at the August 2020, Green field baseball field. Take out all turf from first and third base line and replace with Ag -lime to the fence. Most all new park construction is going this way with ball fields. This would solve the wet home plate issue and uneven base line issues. • Building has been re -roofed • Doggie pot dispenser repaired, lock was vandalized • Tree debris removed from ditch behind batting cage • Leaf mulching and removal Hillview Park: • . Commission will need to discuss at the August 2020, playground Rehabilitation. • Furnace at Park Shelter has been replaced — condensing still needs to be installed. • Bathroom locks repaired interior and exterior • Hockey light checks and bulb replacements • Leaf mulching and removal • Glass replaced on North facing door due to vandalism Lambert Park • Inventory of Hockey Rink boards,posts and lights to re -place • Exterior drinking fountain repaired, it was pulled loose from the building. • Hockey light checks and bulb replacements ■ Leaf mulching and removal Oakwood Park 0 Leaf removal and mulching Random Park: • Commission will need to discuss at the August 2020, playground Rehabilitation • Carpets shampooed • Playground plan review from St.Croix • Leaf mulching and removal 31 Page Public Works Staff Report Silver View Park • Ramsey County continues to work in re -profiling the draining ditch along County Road I and Silver View Road, located in Silver View Park. ■ Four new pond aerators installed in the Storm Water Pond • Silverview East pond power installed for bubbler installation • Trail trimming • Trail buckthorn removal • Disc golf trail wood chipping • Fertilizing • Silverview Pond East — Kasco Circulator installation ■ Leaf mulching and removal Woodcrest Park • Working with Stantec Engineering and Ramsey County on some drainage issues in the Park. Application to perform some storm water pond maintenance was submitted top RCWD. • Met with contractor — work will be scheduled for this winter — postponed • Leaf Mulching and removal 41 Page DRAWN BY: SHEET CHALLENGE COURSE JRH 10/1912021 7 [+ ��T CHALLENGE COURSE & SPLASH PAD REVISED BY: M�LJIVLIS vi 11 JRH 10/26/2021 % OF 8 PUB LIC WORKS(IN) CITY OF MOUNDS VIEW, MN 1 - 1 i I{ f i i I � / y! � i L I } Iit r # wt til Q I DRAWN BY: SHEET CHALLENGE COURSE JRH 10/19/2021 BRONSON DR PARKING REVISED BY: MGU--h7ry S VIEW JRH 10/26/2021 6 OF 8 P U B L I C W O R K S(I N) CITY OF MOUNDS VIEW, MN (IN)�/_/-) j i1 111 i; I Sona games start bundle ■ Dance, play and fun for the whole family The 5 specially developed categories of different games give users of all ages an interactive musical experience outdoors, while learning and experiencing new things. 41 Freeze! a Music A fresh take on the game musical chairs. Dance and stand still when the music stops. Runtime 8 Fitness Challenge yourself or friends. Design your own race track and set a good time. Moon Monster b, Imagination Imaginary monsters invaded the playground. Sneak around -,,4,4-,'+ let the monster catch you. Bonus:• • • • A fun mode where the product will try to get a bystander's attention in playful ways in your chosen language. Visit store.yalp oom for more games Codebreaker O Brains Pull off the perfect bank heist. Remember and enter the correct vault combinations. Reaction Race ��.<i�,� Reaction 4 Showcase your ninja reflexes. Stand as quick as you can on the correct location. Bonus:• • • • A fun mode where the product will try to get a bystander's attention in playful ways in your chosen language. Visit store.yalp oom for more games 011* Sutu games start trundle 6� Ilk V A fun and playful way to train sport skills The 5 specially developed categories of different games offer a fun way to train your skills and have fun alone or compete with your friends. Speed 43 Fitness Max your shot power. Hit the wall as hard as you can. F Precision It's only you, the ball and the crowd. Hit as manytargets within a set amount of time. 41 Tota 1 Q Creativity Fill the wall! Hit every panel without making a mistake. 40 Shape OToctics Hit the shape on the wall. The perfect game for the tactical player. Spot Ila ij Reaction Use power -ups to hit the targets and claim the highest score! B •nus: Standby Mode A fun mode where the product will try to get a bystander's attention in playful ways in your chosen language. Visit store.xalo.com for more games 8A Minnesota / Wisconsin Playground 02/11/2022 5101 Highway 55, Suite 6000 Quote # Golden Valley, Minnesota 55422 12552-01-10 Ph. 800-622-54251763-546-7787 Fax 763-546-5050 1 info@mnwiplay.com Mounds View Park Challenge Course & 40 Yard Dash, GT Wave, Yalp - D9795H7 & D11067H MASTER City of Mounds View Ship to Zip 55112 Attn: Don Peterson 2401 Mounds View Boulevard Mounds View, MN 55112 Phone: 763-717-4053 Fax:N/A don.peterson@ci.mounds-view.mn.us QUantity Part # Description Unit Price Amount,. 1 13644 GameTime - Pro 5000 $134,432.00 $134,432.00 1 5916SP GameTime - GT Wave $67,999.00 $67,999.00 1 13640 GameTime - Challenge Course Timing Scorebd Pkg $4,883.00 $4,883.00 1 13641 GameTime - Challenge Course Timing Uprt Pkg $1,897.00 $1,897.00 1 13636 GameTime - Photo Booth $13,635.00 $13,635.00 1 13634 GameTime - 40 Yard Dash Scoreboard Pkg (Dbl) $22,685.00 $22,685.00 1 13639 GameTime - 40 Yard Dash Scoreboard Upright $896.00 $896.00 1 178749 GameTime - Owner's Kit $66.00 $66.00 1 PIP Other - Poured -In -Place Safety Surfacing for GT Wave- $33,890.00 $33,890.00 1815 SF std. 50-50 color 3.5" thickness for 8ft CFH Includes 4" compacted aggregate base Includes security and disposal. 1 Synthetic Other - Synthetic Turf - Challenge Course & 40 Yard Dash- $119,555.00 $119,555.00 Turf — Installation of synthetic tun` for 40 -Yard Dash — Installation of synthetic turf for Challenge Course; Installation of agg base/underlayment for synthetic turf I CONCRETE Other - Concrete border for Challenge Course & 40 -Yard Dash- $26,615.00 $26,615.00 667 Ln. Ft. Border, 8" width x 9"depth 1 Concrete Other - Concrete Border for GT Wave- $3,010.00 $3,010.00 78 Ln. Ft. Border, 8" width x 9" depth Page 1 of 7 Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-54251763-546-7787 Fax 763-546-5050 1 info@mnwiplay.com 02/11/2022 Quote # 12552-01-10 Mounds View Park Challenge Course & 40 Yard Dash, GT Wave, Yalp - D97951-17 & D11067H DIASTER QUantity Part# Description 'Unit Price Amount 1 Sona Arch Yalp - Yalp Sona Arch, including 'funky floor', standard color, surface mount- $50,960.00 $50,960.00 Standard Service Pack Inclusions: - Starter game bundle including the 5 best games (for Fono; samples in 5 different music genres); access to all games in library - 2 -year warranty on electronic parts (non -electronic parts are described in the warranty document, on -demand) - Internet access; 3G/4G data connection with global coverage* - My Yalp; to remotely control your interactive playset - Ticket support; lifelong online ticket support for all your questions - Continuous firm & software updates - Yalp service; expert, advice, training, and service by Yalp specialist More info in the attached game & service leaflets Includes Sona Carefree Service Pack Includes surface mount kit Sutu Yalp - YALP Sutu Interactive Ball Wall, standard color red, language pack english- $60,965.00 $60,965.00 Standard Service Pack Inclusions: Starter game bundle including the 5 best games (for Fono; samples in 5 different music genres); access to all games in library - 2 -year warranty on electronic parts (non -electronic parts are described in the warranty document, on -demand) - Internet access; 3G/4G data connection with global coverage* - My Yalp; to remotely control your interactive playset - Ticket support; lifelong online ticket support for all your questions - Continuous firm & software updates - Yalp service; expert, advice, training, and service by Yalp specialist More info in the attached game & service leaflets Includes Sutu Carefree Service Pack - Extra 3 -year warranty on electronic parts (non -electronic parts are described in the warranty document, on -demand) - Content manager; takes care of installing new games, and keep you and your product up- to-date Includes surface mount kit Includes Sutu boarding fence'L' size INSTALL Install - Installation of Equipment- $45,705.00 $45,705.00 Includes concrete footings Includes disposal of equipment packaging Does not include electrical hookup for start/stop bollards or scoreboardAimer Includes a lull rental. Includes challenge course, 40 yard dash and GT Wave GameBi�are' Page 2 of 7 Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 1763-546-7787 Fax 763-546-5050 1 info@mnwiplay.com 02/11/2022 Quote # 12552-01-10 Mounds View Park Challenge Course & 40 Yard Dash, GT Wave, Yalp - D9795H7 & D11067H MASTER Quantity Part # Description Unit Price Amo.unt 1 INSTALL Install - Installation of YALP SONA Arch- $20,100.00 $20,100.00 Includes excavation, layout, digging, concrete footings, disposal. Includes electrical permit up to 60 miles. Includes running electrical line. Includes electrical work to bring power from building to Sona Arch. Includes electrical hookup. Includes install of 'Funky Floor' i INSTALL Install - Installation of YALP Sutu - Soccer Wall- $8,630.00 $8,630.00 Includes excavation, layout, and concrete footings. Includes disposal. Includes concrete pad Includes running electrical line from source to Sutu. Includes electrical hookup. Total $678,018.63 Comments — 40 Yard Dash & Scoreboard — Scoreboard, Photobooth for Challenge Course — Installation of Pro 5000 Challenge Course & 40 Yard Dash — Owner is responsible to clear and level site for equipment and synthetic turf. Does NOT include final electrical hook up. City must hire an electrician. This quotation is subject to current MinnesotaNVisconsin 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 MinnesotaNVisconsin 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/Owners 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. Garn�eTi�e• Page 3 of 7 Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 1763-546-7787 Fax 763-546-5050 1 info@mnwiplay.com 02/11/2022 Quote # 12552-01-10 Mounds View Park Challenge Course & 40 Yard Dash, GT Wave, Yalp - 1397951-17 & D11067H MASTER This quotation is subject to polices in the current Gametime Park and Playground catalog and 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 Gametime, Go MinnesotaNVisconsin Playground. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and GameTime, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Pricing: f.o.b. factory., until November 15, 2019. A tax-exempt certificate is needed at time of order entry for all orders whether from tax -supported goverment agencies or not. Sales tax, if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. 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. Installation: shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional labor or material costs. 2021 Projects: Installations, whether for play equipment or other products of our scope as well as the related services thay may be included with your project, typically start up around May 1st based on weather conditions, road restrictions, etc. Based on the issues being experienced within our own country, and worldwide, the start of a typical installation year may be jeopardized. Every effort will be made to work with your project time frame but the various shutdowns will have an effect on work performance throughout the year, not just starting up. Please telephone your company contact, or our office, to discuss your project further. GamsTme Page 4 of 7 Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 1763-546-7787 Fax 763-546-5050 1 info@mnwiplay.com 02/11/2022 Quote # 12552-01-10 Mounds View Park Challenge Course & 40 Yard Dash, GT Wave, Yalp - D9795H7 & D11067H MASTER Project Scope: Please note, installation is based on site being ready prior to our arrival to install play equipment as well as site conditions that have been conveyed to our organization by the owner/owner's representative and/or ideal conditions existing for a timely completion of your project as quoted. Unless addressed prior to the installation quote being issued or specifically mentioned herein, any issues that arise that impede 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 effect 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's 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 moisture received. One actual rain day may equal multiple delay days depending on work scheduled to be done. + INCLUSIONS + + One mobilization + Public utility locates only + Installation of equipment as outlined (OPTION A - herein) (OPTION B - on quote # ??? + Marking and digging of footings holes to accept direct embedment supports as needed + Unpacking of play equipment + Assembly of play equipment + Concrete for footings as needed + Pouring of concrete for footings + Engineered wood fiber (EWF) surfacing + Spreading of EWF + Construction tape/temporary bracing (as needed) + Standard insurance offerings + Standard warranty offerings + Standard industry accepted labor wages - 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 - Private utility locates such as, but not limited to, irrigation, fiber optics, private lighting, etc. - Accepting, unloading and storage of order(s)/shipment(s) prior to installation. Please note, orders can be packaged/shipped in large crates, pallets, etc., requiring heavy-duty equipment to unload. - 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 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. - Digging/maneuvering in sand, pea gravel, mud, etc. - 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 (can be deposited in owner/owner's representative onsite dumpster or stockpiled for removal by others) - Playground safety surfacing - Border to help contain playground safety surfacing - Removal of temporary braces, caution/construction tape, etc. (Can be removed and disposed of after concrete has cured.) GameFme Page 5 of 7 Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 1763-546-7787 Fax 763-546-5050 1 info@mnwiplay.com 02/11/2022 Quote # 12552-01-10 Mounds View Park Challenge Course & 40 Yard Dash, GT Wave, Yalp - D97951-17 & D11067H MASTER - Bonding of any type - Permits of any kind -Electrical Hook up - Prevailing, Davis Bacon, Union, or similar, wages - Restroom facilities. Please provide access to restrooms whether within a building or portable style. Should use of site facilities not be available, additional charges will be required to bring on site temporary/portable restrooms. These temporary facilities will be removed once your project has been completed. - Short term maintenance, check manufacturer's owner's manual recommendations for maintenance and always follow these written instructions. To help set up short (and ongoing) term maintenance, use the first twelve months to regularly check equipment (such as, but not limited to, tightening hardware, checking moving features, etc.). Twelve months allows use in all seasons and will provide a better understanding of what will be necessary for your ongoing maintenance. This short term schedule will be based on the amount of use the play equipment is getting as well as the type of play event that is being played on. Activities with movement have a more dynamic play which can lead to more maintenance due to the nature of the motion but also because these types of play events tend to be more popular. Static features may require less attention during the short term and ongoing maintenance as inspections will determine frequency of maintenance needed for these events. There may be a need for scheduled lower and higher frequency inspections. - Ongoing maintenance, check manufacturer's owner's manual recommendations for maintenance and always follow these written instructions. After short term maintenance period is done and data is collected for that time period, an ongoing schedule should be implemented. The ongoing maintenance can change with age and greater use. There may be a need for scheduled lower and higher frequency inspections. Should weekend work be necessary or non-standard hours be worked, please provide a site contact and the best telephone number to reach this person in case an urgent matter arises requiring immediate attention. (Name) (Cell) (Other Telephone Number) Wet Site Conditions: installation areas located near wetlands, where a high water table exists or in any environment that produces excessive moisture will require additional planning prior to installation of your project. Unless excessively wet conditions have been conveyed prior to installation quote and accounted for in some manner, your installation will not proceed. Ideal dry conditions need to be present to begin, and complete, your project as quoted. 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: Company: Attn: Address: City, State, Zip: Contact: Tel: Fax: Ship To: Project Name: _ Attn: Address: City, State, Zip: Contact: Tel: Fax: Page 6 of 7 GemeTirn�e• Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-54251763-546-7787 Fax 763-546-5050 1 info@mnwiplay.com 02/11/2022 Quote # 12552-01-10 Mounds View Park Challenge Course & 40 Yard Dash, GT Wave, Yalp - D97951-17 & D11067H MASTER Acceptance of quotation: Accepted By (printed): Signature: Title: Facsimile: P.O. No: Date: Phone: Purchase Amount: $678,018.63 Page 7 of 7 Gam�Tme INCWTY2020-07-31 Yalp Inc. Warranty L Definitions 11 Agreement: shall mean the agreement between the Customer and YALP for the delivery of Products, together with any amendment or addition to such Agreement. 12 YALP: shall mean YALP, Inc., a Delaware corporation. 13 Customer(s): shall mean any natural person or business entity with whom YALP deals in the course of its business, including distributors, end -purchasers of the Products and Software, dealers, representative(s), agent(s), successor(s) and including visitors of the YALP website. 14 Defect(s): shall mean any substantive defect of a Product in breach of any written specification by YALP, as a result of which the Product is not fit for its intended use, at YALP's sole discretion. 15 Party or Parties: shall mean YALP and Customer, individually or collectively. 16 Product(s): shall mean the YALP products provided pursuant to the Agreement, including but not limited to, interactive products for children, and including Software. 17 Software: shall mean computer software, with accompanying documentation and specifications, including software embedded in the Products. 18Terms: shall mean these International Terms and Conditions. 2 Applicability 21These Terms apply to all offers by YALP and any Agreement between YALP and Customer, and any subsequent amendment or addition to such Agreement. By entering into an Agreement with YALP, Customer accepts these Terms. These Terms shall be applicable regardless of whether YALP uses third parties to deliver Products. Any changes to these Terms must be agreed upon in writing by the Parties. 2.2 No other terms shall be binding upon YALP unless accepted by YALP in writing. YALP expressly rejects any general terms and conditions used by Customer. Customer may issue a purchase order for administrative purposes only. Additional or different terms contained in any such purchase order will be null and void and do not bind YALP. 2.3 YALP reserves the right to amend these Terms at any time. New or amended Terms shall be applicable upon thirty (30) days' notice to Customer. 2.4 In case of inconsistencies between the terms of an Agreement and those contained in these Terms, the Agreement shall control. 3 Offers, products, prices and taxes 3.1 All offers made by YALP are non-binding and may be revoked at any time, unless stated otherwise in writing. Any amendment made by Customer to an offer by YALP will be deemed a new offer by Customer, which YALP may accept or reject in its sole discretion. Offers will only be deemed accepted by YALP if it does so in writing. YALP has the right to revoke any offer accepted by Customer within three days of receiving notification of such acceptance. 3.2 In the event YALP enters into an Agreement with more than one party, each party shall be jointly and severable liable for fulfilling the Agreement. If an Agreement is entered into by a third party with the authority to bind Customer, these Terms shall be deemed accepted by Customer. In the event such third party does not have the authority to bind Customer, the third party is bound to these Terms as if it were the Customer itself. 3.3 Any information or data related to Products, provided verbally or in writing, is binding only to the extent it is by reference expressly included and confirmed in writing in the Agreement with YALP. 3.4 All offers made by YALP are based on the information and documentation provided by Customer, and YALP may rely on the accuracy thereof. Customer warrants the accuracy, completeness and reliability of the information and documentation, even if it originates with or is acquired from a 8A ya' 1A NEW WATO PLAY third party. 3.5 Customer hereby understands and accepts that all samples, colors, drawings, models, figures, dimensions, weights or any other specifications for Products are estimates only, although YALP will use best efforts to ensure their accuracy. 3.6 Product configurations and prices are subject to change at anytime, and YALP shall at all times be entitled to modify price lists, brochures, printed matter, quotations and other documents. 3.7 All prices are exclusive of, and Customer shall pay, all taxes, duties, levies or fees, or other similar charges imposed on YALP or Customer by any taxing authority (other than taxes imposed on YALP's income), related to Customer's order, unless Customer has provided YALP with an appropriate resale or exemption certificate for the delivery location. In case of changes in law such that a tax is levied that is or becomes irrecoverable with a consequent increase to the costs to YALP of delivering the Products, YALP is entitled to increase its prices accordingly and retro -actively. 3.8 The prices or fees quoted are in US Dollars, or in another currency if stated by YALP in writing. 3.9 All Agreements for the delivery of Products shall be treated as separate agreements. 4 Payment 4.1 Unless otherwise agreed upon in writing by YALP, Customer agrees to pay, without the right to set-off any amount, all invoiced amounts within the terms set forth on the invoice. In the event Customer (i) terminates or suspends all or a substantial portion of its business activities, (ii) becomes insolvent, (iii) admits its inability to pay its debts, or (iv) in case of the voluntary or involuntary filing of a petition for or adjudication of bankruptcy of Customer under any federal, state or municipal bankruptcy or insolvency act, the appointment of a receiver, trustee, custodian, or liquidator, or any act or action constituting a general assignment by Customer of its properties and/or interest for the benefit of creditors, all amounts will be due immediately. 4.2 YALP is entitled to raise agreed upon prices and tariffs in the event of interim price increases and/or surcharges outside of its control on (i)prices of goods, (ii) costs of materials, (iii) services necessary for the execution of the Agreement, such as shipping costs or wages or, (iv) the decrease in value of the currencies agreed upon, and (v) all other government measures having the effect of increasing prices as a result of which the cost price increases. Customer will be informed of such price increases in writing as soon as practicable. 4.3 if a delivery has been agreed upon in instalments and the first instalment has been delivered, YALP is entitled to demand payment for the costs incurred for the whole delivery. 4.4 Where payment is not made pursuant to the agreed upon terms, interest shall be owed at a rate of 2% a month, or the highest rate allowable by law, if lower, with effect from the first day following expiration of the payment term referred to in this article. Any portion of a month shall be considered a full month. 4.5 Payments made by Customer shall be used first to meet all the interest and costs owed and subsequently for the settlement of claims under the Agreement which have remained outstanding for the longest period of time, even when Customer specifies that the payment relates to another claim. 4.6 Customer shall not be entitled to refuse its payment obligations on account of an alleged Defect in the Products, or on any other account whatsoever. 4.7 If YALP believes that Customer's financial position and/or payment performance justifies such action, YALP has the right to demand that Customer immediately furnish security in a form to be determined by YALP, including a UCC Chapter 9 security right and/or that Customer make an advance payment. If Customer fails to furnish the desired security, YALP has the right, without prejudice, to immediately suspend further execution of the Agreement, and that which Customer INCWTY2020-07-31 owes to YALP will become immediately due and payable. 4.8 Customer shall be liable for amounts which YALP incurs to collect payment, including without limitation, collection agency fees, reasonable attorneys' fees and arbitration or court costs. 5 Orders, shipping, delivery 5.1 All orders are subject to Product availability and YALP is entitled to make partial deliveries. Customer is aware that Products are shipped through third party carriers and that delivery times and dates are merely estimates. YALP CANNOT BE HELD LIABLE FORANY DAMAGES AS A RESULT OF DELAY IN DELIVERY OF PRODUCTS. 5.2 The manner of transport, shipping, packaging will at all times be determined by YALP. Provided Customer will pay the extra cost and expenses, Customer may request expedited delivery of Products through shipment by air. 5.3 Unless agreed upon otherwise by both parties, the risk of loss or damage to Products shall pass to Customer at the moment of shipment to Customer. 5.4 Customer must accept delivery of Products during normal business hours, failing which all costs arising thereof (including storage charges and freight charges) shall be charged in conformity with YALP's rates or local charges. 5.5 If other circumstances occur than those known to YALP when establishing the delivery time, it is entitled and authorized to extend the delivery time as necessary to perform under the agreement. 5.6 In the event delivery in not made within the agreed upon timeframe, as determined in the sole discretion of YALP, the Customer must give notice of default in writing to YALP. After receipt of such notice, YALP shall have a minimum of fourteen (14) days to deliver the Product and cure the default without incurring any liability. 6 Inspection, acceptance of products, returns 6.1 Claims in connection to shortages or errors in shipments, or obvious defects in Products, must be reported in writing to YALP within two (2) business days of receipt of such shipment. If Customer fails to timely report such shortages or errors, YALP will have no obligation to correct such shipments, unless Customer bears all the expenses thereof. 6.2 In the case of any alleged Defects, Customer shall allow YALP to inspect the Products subject to the alleged Defect. 6.3 Notwithstanding the above, YALP will have no obligation to replace or repair any Products if the Products have been treated or stored improperly by the Customer, if the Products have already been installed or if the Customer has not fully met its obligations under these Terms. 6.4 The remedy for allegedly defective products, shall, at the election of YALP, be (i) to award Customer reasonable damages, or (ii) in consultation with Customer, to agree upon an adequate solution to repair such faults and defects. In such cases, Customer shall not be able to claim additional damages. 7 Intellectual property ownership and right of use 7.1 All intellectual property rights, e.g., patents, copyrights, trademarks, designs, models, know-how and all proprietary and/or commercial rights and trade secret rights, tools, documentations, etc., in relation to the Products and the Software, are owned by YALP or its licensor(s). No transfer or other grant of rights is given to Customer, unless explicitly stated in writing. This applies even if Products and/or Software have been specifically designed, developed or complied for Customer. 7.2 Provided that Customer is also the end -purchaser/ user of the Product and the Software, the Customer will have a personal non-exclusive, non -transferable and non -sub - licensable license to use the Product and the Software for Customer's own use while the Customer complies with these Terms. 7.3 Customer understands and agrees that downtime of the Products may result from YALP's implementation of updates, Y311P A NEW WAY TO PLAY upgrades, or other maintenance activities related to the Software, and YALP shall not be liable for any damages relating to such downtime or inaccessibility. 7.4 Unless otherwise agreed in writing, Customer may not make repairs or modifications to the Products and the Software, nor allow or enable any third parties to do so. Customer may not, nor may it enable and/or allow third parties to reverse engineer, copy, display or distribute any Products and Software, without YALP's prior approval. 7.5 Customer shall not be permitted to affix any trademark to the Products, or to remove any copyright, trademark or other proprietary rights notices on some, orto use the relevant mark in any other way, or to register it in Customer's own name. 7.6 If a third party threatens to infringe any of the intellectual property rights of YALP and Customer has knowledge of it, Customer is obliged to notify YALP in writing immediately. B Confidential information 8.1 "Confidential Information" means (i) the existence and terms oftheAgreement and (ii) any non-public, confidential or proprietary information relating to a disclosing Party, including any that is designated by the disclosing Party as confidential information at the time of its disclosure, either by a written or visual confidentiality designation, or otherwise if such information would, under the circumstances, appearto a reasonable person to be confidential or proprietary. Notwithstanding the foregoing, Confidential Information does not include information, data or know-how which: (i) is in the public domain at the time of disclosure or becomes available thereafter to the public without restriction, and in either case not as a result of the act or omission of the receiving Party; (ii) is rightfully obtained by the receiving Party from a third party without restriction as to disclosure; (iii) is lawfully in the possession ofthe receiving Party at the time of disclosure by the disclosing Party and not otherwise subject to restriction on disclosure; (iv) is approved for disclosure by prior written authorization of the disclosing Party; or (v) is developed independently and separately by either Party without use of the disclosing Party's Confidential Information. 8.2 Each Party agrees that it will safeguard the confidentiality of the Confidential Information supplied by the other Party and that it will observe the same due care with respect to such information as it would observe with respect to its own Confidential Information. The other Party shall not sell, copy and/or distribute in any way Confidential Information to third parties, without disclosing Party's prior written consent, which consent may be granted or withheld in such Party's sole and absolute discretion. 8.3 Each Party agrees that it will restrict the employees or third parties it retains who have access to the other Party's Confidential Information to the extent possible and provide such access only on an as -needed basis and after binding such employees and third parties to the some level of confidentiality as set forth in these Terms. 8.4 Immediately following the receipt of a written request by the disclosing Party, the receiving Party will return any and all Confidential Information received from the disclosing Party or destroy such Confidential Information, if the disclosing Party so requests. 9 Cancellation, termination and suspension of performance 9.1 If Customer believes that YALP has failed to perform under the Agreement, it must notify YALP in writing and allow twelve (12) weeks for YALP to cure the alleged performance failure. 9.2 If Customer fails to make payment of any amount due on the due date or Customer otherwise fails to perform its obligations under the Agreement or these Terms, YALP may in its sole and absolute discretion suspend performance under the Agreement with Customer and/or terminate the Agreement (in whole or part), with immediate effect, without being liable for any damages to Customer. 9.3 Notwithstanding the above and without any obligation to return any prepaid sums, YALP may terminate its relationship INCWTY2020-07-31 with Customer, or may terminate or suspend YALP's delivery of Products at any time: (i) if Customer is in breach of these Terms and/or the Agreement; (ii) if YALP reasonably suspects that Customer is using Products to breach the law or infringe third party rights; (iii) if YALP reasonably suspects that Customer is trying to unfairly exploit or misuse the complaint policy, or any of YALP's policies; (iv) if YALP reasonably suspects that Customer is using Products fraudulently, or that Products provided to Customer are being used by a third party fraudulently; (v) for a force majeure event that continues for more than thirty (30) days; NO if Customer fails to pay any amounts due to YALP; (vii) if required due to change in laws/regulation by a regulator or authority with a lawful mandate, or by any of YALP's partners; (viii) in respect to a particular YALP Product, upon thirty (30) days' notice if YALP decides to cease offering that Product; (ix) the bankruptcy of the Customer has been applied for; (x) an attachment is levied on the goods of Customer; (xi) Customer is liquidated or discontinued; and/or (xii) Customer is in violation of any applicable laws or regulations. 9.4 Upon suspension and/or termination of the Agreement, all invoiced sums will become immediately due and payable. In the event of suspension of performance by YALP,YALP may at its sole discretion resell any Products ordered by Customer, at a public or private sale without notice to Customer and without affecting YALP's rights to hold the Customer liable for any loss or damage caused by breach of contract by Customer. 30 Warranty 10.1 Provided that a correctly completed My Yalp Product and Warranty Registration (the "Registration") has been returned to YALP, YALP will provide the warranty set forth in the Registration. This YALP warranty is for a period of five (5)years as of the date of first purchase and covers parts only. The YALP warranty is only valid if and when a valid service agreement has been executed by Customer and Customer is not breaching its obligations towards YALP. PLEASE READ THE REGISTRATION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL WARRANTY LIMITATIONS AND RESTRICTIONS. 10.2 The YALP warranty does not cover faults or damages arising from improper storage, installation, unauthorized use or misuse of Products, and improper or defective environmental circumstances, or a failure caused by a product for which YALP is not responsible. 10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND UNLESS STATED IN WRITING BY YALP, ITS LICENSORS,THIRD PARTY SUPPLIERS, AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE YALP PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, NON -INFRINGEMENT, COMPATIBILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, YALP DOES NOT WARRANT INTERNET OR ANY OTHER DATA CONNECTION WITH THE PRODUCT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YALP OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. 11 Liability, limitation of damages and indemnification 111 NEITHER YALP NOR ITS OFFICERS OR EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING OR RELATING TO ALL ACTS AND/OR OMISSIONS RELATING TO PRODUCTS USED, DISTRIBUTED, OR SOLD BY CUSTOMER. 112 IN NO EVENT SHALL YALP, ITS AFFILIATES OR ITS LICENSORS BE LIABLE, AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, Ya i 1P A NEW WAY TO PLAY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSSOF INCOME, BUSINESS, SALES, PROFITS (WHETHER ACTUAL OR ANTICIPATED), LOSS OF OR CORRUPTION TO DATA, OR INTERRUPTION OF BUSINESS. 113 NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT TO THE CONTRARY, YALP'S AGGREGATE LIABILITY ARISING OUT OF THE AGREEMENT, OR IN CONNECTION WITH ANY SALE OR USE OF ANY OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON ANY CONTRACT, WARRANTY, TORT OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL OF AMOUNTS PAID TO YALP FOR PRODUCTS DELIVERED PURSUANT TO THE AGREEMENT, DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST DATE OF THE LIABILITY CLAIM OR $100,000, WHICHEVER IS LESS.114THE LIMITATIONS ON YALP'S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT YALP, ITS EMPLOYEES, LICENSORS OR ITSAFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. 12 Indemnification CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD YALP, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS,INCLUDING REASONABLE ATTORNEYS' FEES, IN CONNECTION WITH, OR ARISING OUT OF CUSTOMER'S BREACH OF THE AGREEMENT OR THESE TERMS, OR ARISING OUT OF ANY USE, DISTRIBUTION, OR SALE OF THE YALP PRODUCTS BY CUSTOMER, UNLESS SUCH WAS THE RESULT OF YALP'S WILFUL MISCONDUCT, GROSS NEGLIGENCE OR FRAUD. 13insurance Customer shall maintain sufficient insurance policies in connection to possible claims relating to the Products sold by Customer 14 Severability If any provision of these Terms, the Agreement or any other agreement between the Parties, is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original meaning ofthe terms or agreement in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions shall remain in full force and effect. 15 Force majeurs YALP will not be liable for any delay in performing or failure to perform any of its obligations under these Terms or the Agreement caused by events beyond its reasonable control. YALP will notify Customer promptly in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage. 16 Assignment Customer is not permitted to assign, delegate or otherwise transfer the Agreement or any rights hereunder. Any such attempted assignment, delegation or transfer will be null and void. YALP is permitted at its sole discretion to assign the Agreement or any rights or obligations hereunder to any third party, without giving prior notice. 17 Entire agreement The Agreement and these Terms contain the entire agreement between YALP and Customer regarding Customer's purchase of the Products, and supersedes and replaces any previous communications, representations or agreements, or Customer's additional or inconsistent terms, whether oral or written. INCWTY2020-07-31 18 No waiver The failure to exercise, or delay in exercising, a right, power or remedy provided by the Agreement, these Terms or the law shall not constitute a waiver of that right, power or remedy. If YALP waives Customers breach of any provision of these Terms or the Agreement, such waiver shall not operate as a waiver of a subsequent breach of that provision or as a waiver of a breach of any other provision. 19 No beneficiaries Any agreement between the Parties is for the sole benefit of the Parties thereto and, except as otherwise contemplated therein, nothing therein expressed or implied shall give or be construed to give any person, other than the Parties thereto, any legal or equitable rights thereunder. 20 No partnership Nothing contained in any agreement between the Parties shall be read or construed so as to constitute the relationship of principal and agent or of partnership between the Parties. Neither of the Parties may pledge or purport to pledge the credit of the other Party or make or purport to make any representations, warranties, or undertakings for the other Party. 21 Injunctive relief Customer acknowledges that YALP shall suffer irreparable injury in case of breach of the obligations under Articles 7 and B. Accordingly, in the event of such breach, Customer acknowledges that YALP will be entitled to injunctive relief in any state or federal court of competent jurisdiction. Customer further submits to the personal jurisdiction of such courts for the purposes of any such action. 22 Governing law and jurisdiction This Agreement shall be governed by and construed under the laws ofthe State of New York (without giving effect to any conflict of laws principles under New York law). The parties hereby agree to submit to the personal jurisdiction of the state and federal courts of the County and State of New York. ANY CAUSE OF ACTION AGAINST YALP, REGARDLESS WHETHER IN CONTRACT, TORT OR OTHERWISE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED LAW.LIMITATION OF LIABILITYIN NO EVENT SHALL YALP, ITS AFFILIATES OR ITS LICENSORS BE LIABLE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, BUSINESS, SALES, PROFITS (WHETHER ACTUAL OR ANTICIPATED), LOSS OF OR CORRUPTION TO DATA, OR INTERRUPTION OF BUSINESS. YALP'S AGGREGATE LIABILITY FOR CUSTOMER'S CLAIMS IN CONNECTION TO PRODUCTS SHALL NOT EXCEED THE FULL PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER. This warranty applies to all orders delivered after May 28th 2020. Ya I A :NEW WAY TO PLAY INCDCM2020-07-31 Yalp Inc. Disclaimer All information and content available on or accessible through the Yalp website, all information contained in any Yalp documentation, whether provided electronically or in hardcopy, such as product manuals, and all information and content in emails or other ways of communication used by Yalp, (collectively hereafter referred to as: the "Information") has been prepared solely for the purpose of providing information about Yalp and its products and services. The Information must not be relied upon in connection with any investment decision. While the content hereof has been prepared with the utmost care, some Information may nevertheless be incomplete, incorrect or may become outdated in time. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YALP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WETHER EXPRESS OR IMPLIED, FOR THE CURRENCY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION, AS DEFINED ABOVE. FURTHERMORE, YALP MAKES NO REPRESENTATIONS OR WARRAN-TIES IN CONNECTION TO ITS PRODUCTS AND/OR SERVICES, INCLUDING WARRANTIES ABOUT ITS SERVI-CES' AND PRODUCTS' MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS EXPLICITLY MADE AND PROVIDED BY YALP IN WRITING TO THE PURCHASER OF THE SERVICES AND/OR PRODUCTS. IN NO EVENT SHALL YALP, ITS AFFILIATES OR ITS LICENSORS BE LIABLE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABI-LITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CON- SEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, BUSINESS, SALES, PROFITS (WHETHER ACTUAL OR ANTICIPATED), LOSS OF OR CORRUPTION TO DATA, OR INTERRUPTION OF BUSINESS. NOT WITHSTAN-DING ANYTHING ELSE AGREED IN WRITING, YALP S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND SHALL NOT EXCEED ONE HUNDRED US DOLLAR ($100.00). All intellectual property rights relating to the Information belong to, and remain with Yalp and/or its licensor(s) at all times. The Information and the Yalp services, products, or software may not be used in any way without Yalp's and/or its licensors prior explicit written consent. Unless stated otherwise in writing, all Yalp transactions, agreements and relationships with third parties, shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. The federal courts of the County and State of New York shall have exclusive jurisdiction over any claims against Yalp. ANY CAUSE OF ACTION AGAINST YALP, REGARDLESS WHETHER IN CONTRACT, TORT OR OTHERWISE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. © All rights reserved by Yalp 2020 8A Y431P R NEW WAY TO PLAY a 8A INCWTY2020-12-10 ya,lp A NEW WAY TO PLAY Yalp Warranty Description of warranty Under this Warranty ("Warranty") YALP warrants to the first and original end -purchaser ("Customer'), of the YALP interactive ("Product"), that such Product shall be free from material Defects for a given period as mutually be agreed upon in writing, as of the date of purchase. "Defect" as used in this Warranty means a manufacturing or a design defect that materially impinges on the use of the Product and which is solely attributable to YALP and that was not detectible at the time of delivery of the Product or part of the Product. Standard warranty The warranty covers all parts of the Product, including all electronics,for a period of TWO years from the installation date of the product. In addition, we offer a TEN year warranty period from the installation date for non -electronic parts like steel, aluminum and plastic construction parts. In case the installation date is more than 3 months after the original date of delivery by Yalp, then the warranty term starts 3 months after the delivery by Yalp. Extended warranty on electronics (optional) In addition to the standard warranty, a carefree package can be purchased with the original product purchase. This package will extend the standard warranty of the electronics with THREE years, meaning FIVE years in total from the standard warranty starting date. The warranty will be valid only if (1) The product is available for online monitoring and available for online firmware updates by remote connection. (2) The product has been installed and maintained conform the instructions of YALP. (Installation manual and instructions). The Warranty covers structural strength, materials and manufacturing faults that would affect the functionality of the Product. (3)The Product has been used by Customer for its intended use only, as described in the installation manual of the Product (the "Manual"). (4) Product maintenance has been performed and documented, as set forth in the Manual. (5) Customer strictly complies with all obligations set forth herein. In case of a defect, customer must (1) Stop using the Product immediately, unless instructed by YALP in writing otherwise. (2) Contact YALP immediately, but not later than five (5) days after the defect first occurred, was first discovered, or reasonably should have been discovered. Any claim must be substantiated by clear pictures and explanation of the experienced defect, pointing out the expected cause and, if possible, the proposed solution. (3) Allow YALP to inspect the Product at Customer's premises during regular business hours and any defective parts must be made available for inspection by YALP and should be shipped to YALP upon first request. (4) Follow all instructions by YALP. Warranty limitations and exclusions (1) If the Product is placed in a polar environment class ET or EF, according Klippen—Geiger climate classification system, this Warranty does not apply and all claims will be void due to these extreme conditions. (2) If the Product is placed in an aggressive environment class Af, Am, Aw, As, BWh, according Klippen—Geiger climate classification system, extra precautions are mandatory, or the Warranty does not apply and all claims will be void due to these extreme conditions. The precautions will be prescribed by Yalp based on the specific Product and location. (3) Non -electronic parts installed within 1 km (0,6 miles) of a sea shore will be covered by Warranty for half of the mentioned periods of time. (4) Corrosion of metal parts caused by salt water or salt -water fog are not covered by the Warranty. Additionally, the Warranty does not cover corrosion caused by scratches and dents. (5) The Warranty does not cover SIM cards, which are covered by warranty of the SIM card supplier. The Warranty does not cover external connectivity issues like bad reception or absence of a required network. (6) The Warranty will automatically expire, if and when the Product has been offline for a longer period than 1 month consecutively. (n The Warranty does not cover any consumables and "wear ports". (B) The Warranty does not cover the (return) shipping costs of defective parts to YALP and (return) shipping costs of defective parts to the Customer. The Warranty does not cover costs and expenses in connection to repair or replacement services under the Warranty, including travel expenses. Replaced parts will become property of YALP. (9) The Warranty is personal and cannot be transferred or assigned by Customer without prior written approval of YALP. (10) The Warranty does not cover faults resulting from negligent handling, installation and maintenance, slight fading of colors or other non -conformities which do not harm the functionality of the products, misuse, accident and modification or combination with non YALP products. (11) The Warranty does not cover faults or damages arising from regular wear and tear, faulty or careless installation or treatment, improper storage or unloading of the Product, improper or defective environmental circumstances or events outside our reasonable control (force majeure). (12) The Warranty will become null and void in case of unauthorized modifications, repairs, or additions to the Product, incorrect maintenance or maintenance by unauthorized persons, or the installation and/or use of parts in the Products that are not authorized by YALP. (13) The rights of the Customer with respect to the Warranty are restricted to a lack of conformity caused by defects, faulty materials and failures in the Products or workmanship which appear under proper use, in conformity with the Manual. (14) The Warranty does not cover faults or damages resulting from parts that were specifically designed and/or manufactured by YALP for Customer in accordance with Customers specifications. Disclaimer THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, CONCERNING THE PURCHASE, USE OR CONDITION OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OR CONFORMITY WITH ANY DESCRIPTION OR SAMPLE. EXCEPT AS SET FORTH IN THIS WARRANTY, ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND OTHER TERMS IMPLIED BY LAW ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of liability IN NO EVENT SHALL YALP, ITS AFFILIATES OR ITS LICENSORS BE LIABLE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, BUSINESS, SALES, PROFITS (WHETHER ACTUAL OR ANTICIPATED), LOSS OF OR CORRUPTION TO DATA, OR The general terms of Yalp Inc. apply to all our transactions. r,,, r , , _ e..-�-an nn - Ti iY re77147rl-477P —, INCWTY2020-12-10 Ya I A NEW WAY TO PLAY INTERRUPTION OF BUSINESS. YALP'S AGGREGATE LIABILITY FOR CUSTOMER'S CLAIMS IN CONNECTION TO PRODUCTS SHALL NOT EXCEED THE FULL PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER. This Warranty applies to all Products purchased after Dec 31'x, 2020. The general terms of Yalp Inc. apply to all our transactions. E �sss��-oo�o os OI BHN ` a ....... ;zuaz zaa,a -seat T �jH w 3 o m i 01 C N C Q Q E—y (/I � u D� 0. H 5>N N L N 41 N r- N N VI N (n V 1=L N C C m N 7 y j 41 CL CL It O1 >, y O C .T Q m O > i Ua) — CL uaamd �� m n c 4 ` ......a .. M m n Candidate 1 MOUNDS VIEW VOLUNTEER COACH OF THE YEAR AWARD 2022 NOMINATION FORM Name of Nominee: Team: 1-2 grade League: Tee -Ball Phone: if know Nominated By: Rachel Firkus Phone: Email: (Attach additional pages as necessary). .BaseballVolleyball Soccer 1) What special circumstances make the nominees' coaching outstanding or above and beyond? did an exceptional job with coaching baseball is a teacher, baseball coach and still vlays baseball He was able to bring his experience as teacher into coaching 1st and 2nd graders. He had great energy eveKy dgy. He was able to break down the fundamentals of the game so each kid could understand it. He communicated so well with each kid and the parents had never coached this young of an age group but did so well even with a team of 14 kids. The kids improved so much that other teams b an to wonder if our team had been havin extra practices each week. 2) Share any additional information about the nominee you would like considered: I know talking to mM of the parents at the end of the year this was one of the best experiences the ve had in the rec leagues and a lot the creditgoes tc coaching Application Process You are encouraged to submit one or more of the following documents to support this nomination: ➢ Background information. ➢ Letters of support from different community agencies and individuals. ➢ Any other material that demonstrates the nominee's contribution to the community as it relates to the award criteria. Nominations must be in writing and may be supported by letters and other documentation. All materials must be received by the close of the nomination period, and become the property of the City of Mounds View. Selection Criteria In assessing the candidates for the Mounds View Volunteer Coach of the Year Award, the award selection committee will look for an individual who has given unselfishly of his or her time by coaching Mounds View youth and is dedicated to teaching sportsmanship and leadership skills to the youth of our community. The award selection committee (the Mounds View City Council with consideration to recommendations made by the Parks, Recreation, and Forestry Commission) will identify an exceptional individual who meets the criteria below. (In scoring, 5 points are possible for each criterion) Selection Criteria: 1.) Sportsmanship: Demonstrates exemplary sportsmanship both on and off the field 2.) Leadership: Leads his or her team by showing leadership and attempting to instill leadership skills in the players 3.) Attitude: Happily expends a significant amount of time and energy to the betterment of the sport 4.) Encouragement: Consistently encourages participation by all and encourages others to do their best. 5.) Unselfishness: Does not expect anything in return for his or her actions; i.e. financial compensation, fame, or political notoriety. To nominate an individual All nominations must be received by Wednesday, February 23, 2022. ➢ Complete the nomination form. ➢ Gather letters and documents to support the nomination. ➢ Drop off at Community Center ATTN: Darryl Thibodeaux ➢ Or Send all nomination materials to: • The City of Mounds View Volunteer Coach of the Year Award 5394 Edgewood Dr. Mounds View, MN 55112 Ph: (763) 717-4040 O Or email to: Darryl.Thibodeaux@moundsviewmn.org If you have any questions about the nomination process, please call our offices at: 763-717-4042. ao 1-9 Candidate 2 MOUNDS VIEW VOLUNTEER COACH OF THE YEAR AWARD 2022 NOMINATION FORM Name of Nominee: Team: League: Phone: Nominated By: Phone: Email: Tee -Ball (Attach additional pages as necessary). Blue lays Baseball Volleyball (if know) (X) Soccer 1) What special circumstances make the nominees' coaching outstanding or above and beyond? is gEeat with the kids. He's vejy friendly, and enthusiastic about coaching. He uses he knowledge of the game to make learning and playing fun. 2) Share any additional information about the nominee you would like considered: has coached multi le teams over the last few years, Kettin his whole family involved even inviting his sister to help with coaching Application Process You are encouraged to submit one or more of the following documents to support this nomination: ➢ Background information. ➢ Letters of support from different community agencies and individuals. ➢ Any other material that demonstrates the nominee's contribution to the community as it relates to the award criteria. Nominations must be in writing and may be supported by letters and other documentation. All materials must be received by the close of the nomination period, and become the property of the City of Mounds View. Selection Criteria In assessing the candidates for the Mounds View Volunteer Coach of the Year Award, the award selection committee will look for an individual who has given unselfishly of his or her time by coaching Mounds View youth and is dedicated to teaching sportsmanship and leadership skills to the youth of our community. The award selection committee (the Mounds View City Council with consideration to recommendations made by the Parks, Recreation, and Forestry Commission) will identify an exceptional individual who meets the criteria below. (In scoring, 5 points are possible for each criterion) Selection Criteria: 1.) Sportsmanship: Demonstrates exemplary sportsmanship both on and off the field 2.) Leadership: Leads his or her team by showing leadership and attempting to instill leadership skills in the players 3.) Attitude: Happily expends a significant amount of time and energy to the betterment of the sport 4.) Encouragement: Consistently encourages participation by all and encourages others to do their best. 5.) Unselfishness: Does not expect anything in return for his or her actions; i.e. financial compensation, fame, or political notoriety. To nominate an individual All nominations must be received by Wednesday, February 23, 2022. ➢ Complete the nomination form. ➢ Gather letters and documents to support the nomination. ➢ Drop off at Community Center ATTN: Darryl Thibodeaux ➢ Or Send all nomination materials to: • The City of Mounds View Volunteer Coach of the Year Award 5394 Edgewood Dr. Mounds View, MN 55112 Ph: (763) 717-4040 • Or email to: Darryl.Thibodeaux@moundsviewmn.org If you have any questions about the nomination process, please call our offices at: 763-717-4042.