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Home My WebLink AboutDocumentation_Regular_Tab 16_8/12/2021Agenda Item #16. Regular Council STAFF MEMO Meeting: Regular Council - Aug 12 2021 Staff Contact: Gus Medina, Police Chief �� Department: Police Approval of Donation Agreement for Tequesta Public Safety Gym Fitness Equipment The Donor desires to donate to the Village of Tequesta certain fitness equipment and flooring and all services, labor, materials and equipment necessary for the delivery, assembly, and installation of said fitness equipment and flooring, at no cost to the Village. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. Recommend to Pass Donation Agreement Est 20110 from The Fitness Solution Inc. 18592 Page 201 of 475 Agenda Item #16. VILLAGE OF TEQUESTA DONATION AGREEMENT FOR PUBLIC SAFETY GYM FITNESS EQUIPMENT THIS AGREEMENT FOR TEQUESTA PUBLIC SAFETY GYM FITNESS EQUIPMENT is entered into and effective this L. i day of M1:�-=_-. .i . yQ y t, 202I (the "Effective Date'), by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located tit 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the Statc of Florida, hereinafter the "Village'; and ROB THOMSON, a man in his individual capacity, with an address of 825 Parkway Street, Suite 8, Jupiter, Florida, 33477, hereinafter the "Donor" and collectively with the Village, the "Parties". RECITALS WHEREAS, the VillageofTequesta owns and operates a Gym for Public Safety Personnel within the Village located at 357 Tequesta Drive, Tequesta, Florida 33469; and WHEREAS, the Donor desires to donate to (lie Village certain fitness equipment anti flooring and all services, labor, materials, and equipment necessary for the delivery, assembly, and installation of said fitness equipment and flooring, at no cost to the Village, and the Village desires to accept same from the Donor (the "Donation"); and WHEREAS, the Parties desire to set forth the terms and conditions of the Donation in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: I, The Donation: The Donor agrees to donate to the Village, and the Village agrees to accept tron-i the Donor, certain fitness equipment and flooring, and all services, labor, materials, and equipment necessary for the delivery, assembly, and installation of said fitness equipment and flooring, at no cost to the Village and as may be more particularly described in Exhibit "A" attached hereto. This Donation is made in accordance with Village Resolution No. 59-19 which is hereby incorporated by reference. Upon final approval by the Village, Donor shall promptly undergo completion of the Donation And diligently pursue the delivery, assembly, and installation thereof. In providing the Donation, the Donor shall satisfy till applicable federal, state, and local lbws and regulations. 2. 'Value of Donation: The parties agree that a reasonabie estiniate of the total value Page I Page 202 of 475 Agenda Item #16. of the Donation, including the donated materials, labor and services, is as set forth on .Exhibit "A". If Donor elects to claim tax benefits associated with the Donation, the Village agrees, upon request, to provide Donor reasonable written verification of the Village's receipt of the Donation and the value thereof; provided, that the Village snakes no representations, warranties or guarantees relating to the tux implications of such Donation. 3. Quality of Work: The Donor agrees that all services, labor, and materiels associated with the Donation will be ofgood and professional duality. The Village Manager, in his discretion, may make a final acceptance inspection of the Donation when completed and finished in all respects. 4. Maintenance and Inspection: The Donor and the Village agree that there shall be no maintenance obligations associates{ with the Donation, by either party. The Donor and the Village also agree that the Donor shall not be responsible for inspecting, repairing, or replacing any fixture defects associated with the Donation, except those parts and labor warranties that pertain to the fitness equipment as set forth in Exhibit "A". 5. Insurance: At all times during the Donation, the Donor agrees to maintain and keep in force appropriate inSL1ra11ce policies against claims for iniurics to parson (including death) or damage to property arising out of or in connection with the planning, transportation, or execution of the Donation by Donor, its officers, employees, subcontractors and agents, in amounts that are satisfactory to the Village. Upon request, Donor shall provide evidence of such insurance to the Village. 6. Indemnification and Hold harmless by Donor: The Donor agrees, at all times during the Donation, to indemnify, defend and hold harmless the Village, its officers, agents, servants, and employees, from and against any claims, liabilities, judgments, expenses, losses, costs, fines, damages, including attorneys' fees, and causes of action of whatsoever kind or nature, arising out of or it) any way resulting from the Donor's or Donor's officers', agents', employees' and subcontractors' provision of labor, services, equipment, or materials related to the Donation. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Ploriclu S/u11110S. 7. Choice of Law and Venue: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. Page 2 Page 203 of 475 Agenda Item #16. 8. Binding E� < ffect: This Agreement is binding on the Village, the Donor, and their respective successors, assigns, and legal representatives. 9. Assignments: This Agreement shall not be assigned without the express written consent of both Parties. 10. Notices: Notice as required in theAgrectnent shall be considered sufficient when sent by certified snail or hand delivered to the Parties during regular business hours at the following addresses: Village Donor Village of Tequesta Rob Thomson 345 7equesta Drive 825 Parkway Street, Suite 8 Tequesta, FL 33469 Jupiter, Florida, 33477 Attn: Jeremy Allen, Village Manager 11. Entire Agreement: This three (3) page Agreement and Exhibit "A" constitute the entire agreement between the parties; no modification shad be made to this Agreement unless such modification is in writing, agreed to by both Parties and attached hereto as an addendum to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement can the (late and year first above written. WITNESSES, 12 - Lori McWilliams, MMC Village Clerk ROB TT011Iti ON By: Rob Thoinson, in his individual capacity VILLAGE OF TEQUESTA By: Frank D'A.mbra, Mayor Page 3 (Seal) Page 204 of 475 Agenda Item #16. Exhibit A Page 4 Page 205 of 475 Agenda Item #16. ��TNEs� The Fitness Solution, Inc. PO Box 260363 SOLUTION Pembroke Pines, FL 33026 Voice: 9545054178 Fax # 954-450-9661 Estimate Date Estimate # 7/5/21 20110 Name / Address Ship To Tequesta Public Safety Tequesta Public Safety 357 Tequesta Drive 357 Tequesta Drive Tequesta Fl. 33469 Tequesta, FL 33469 Customer Contact Customer E-mail Customer Phone P.O. No. Terms rt@wfpcc.com 561-346-1881 Item Description Qty Cost Total Equipment- Small Everlast 1001b punching bag with stand. 1 340.58 340.58T Equipment- Small lnflight Fitness (FID) Flat, incline, decline bench 5005 1 547.60 547.60T Equipment- Small Circle fitness M7 treadmill with LED console / FIR 2 3,897.43 7,794.86T contact/ 15 % incline/ programmable features/ 5 years parts/ two years labor warranty Equipment- Small Circle Fitness E7 elliptical- Same console and warranty 1 2,896.31 2,896.31T Equipment- Small Assault fitness- Assault bike elite- 1 1,337.29 1,337.29T Equipment- Small InFlight Fitness FT1000 functional trainer with 300 LB 1 4,278.53 4,278.53T heavy stacks / medicine ball (6-16 lb) and 5-40 LB kettlebells storage Equipment- Small Inflight fitness 5003 Counter balanced Smith machine 1 4,739.21 4,739.21 T with spotter safety stops/ weight horn storage/ 400 pounds of rubber plate weight/ FID adjustable bench Equipment- Small 16/20/24 pylo box/ 12/ 14/ 16/ 18/ 20 lb wall balls/ sand 1,178.31 1,178.31 T bags- sm/ med/ lg/ xl/ 4 stretch mats with wall rack/ Equipment- Small In Flight fitness Rubber hex 5-75 LB dumbbell set with 1 3,478.23 3,478.23T three tier rack Flooring Flooring Installation- Everlast 3/8 inch Interlock tiles 550 5.45 2,997.50T with 20 % standard color speckle (BLUE) installed over existing floor material/ 10% scrap- 18 x 16/ 17 x 11 Freight- Equipment Delivery, assembly and installation of fitness equipment. 1 4,629.17 4,629.17T Freight- Flooring Delivery & installation of flooring. 1,247.88 1,247.88T Subtotal $35,465.47 Sales Tax (0.00 / $0.00 Total $35,465.47 Signature Please sign and return when approved. info@TheFloridaFitnessSolution.com The Florida FitnessSolution.core 206 of 475