HomeMy WebLinkAboutAgreement_General_8/12/2021_Rob ThomsonVILLAGE OF TEQUESTA
DONATION AGREEMENT FOR
PUBLIC SAFETY GYM FITNESS EQUII'i'VIENT
THIS AGREEMENT FOR TEQUESTA PUBLIC SAFETY GYM FITNESS
EQUIPMENT is entered into and effective this i day of �� -`-:i, 2021 (the "Effective
Date'), by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with
offices located at 345 Teguesta Drive, Tcquesta, Florida 33469, organized and existing in
accordance with the laws of the State of Florida, heminafler 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 Village ofTequesta owns and operates a Gym for Public Safety Personnel
within the Village located at 357 Tequcsta Drive, Tcquesta, Florida 33469; and
WHEREAS, the Donor desires to donate to the Village 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 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 from the Donor, certain fitness equipment and flooring, and till 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- l9 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 all applicable federal, state, and local laws and
regulations.
2. Value of Donation; The parties agree that a reasonable estimate of the total value
Page I
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 makes no representalions, warranties or guarantees
relating to the tax implications of such Donation.
3, Quality ol'Work: The Donor agrees that gill services, labor, and materials
associated with the Donation will be ofgood and professional quality. 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 anti the Village agree that there; shall be
no maintenance obligations associated with the Donation, by either party. The Donor and the
Village also agree that the Donor snail 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".
S. Insurance: At all times during the Donation, the Donor agrees to maintain and
keep in force appropritite insurance policies against claims for injuries to person (including death)
or damage to property arising out of or ill connection with the planning, transportation, or
execution of the Donation by Donor, its officers, employees, subcontractors and agents, in tunounts
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 in any way resulting from the Donor's or Donor's otfiecrs', 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 imnitniity beyond the waiver provided in Section 768.28,
Florida Statutes.
7. Choice of Lawand Venue: This Agreement shall be governed and construed in
accordance with the laws of the State of Florida, and venue shall be in Palin Beach County should
any dispute arise with regard to this Agreement.
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2i. Bindin EY Effeet: This Agreement is binding on the Village, the Donor, ami their
respective successors, assigns, and legal representatives.
9. Assignments: This Agreement shall not be assigned without the express written
consent of bosh Parties.
10. Notices: Notice as required in the Agreement shalt be considered sufficient when
sent by certified mail or hand delivered to the Parties during regular business hoursat the following
addresses:
Village Donor
Village of Tequesta Rob Thomson
345 Tequesta 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 shall be matte 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 coil the
date and year first above written.
WITNESSES:
ATTEST: -� SEAL
:.INCORPORATED
4.1
Lori McWilliams, MMC
Village Clerk
ROB 311-0-MON
By: Rob Thomson, in his individual capacity
VILLAGE OF TEQUESTA
By: Frank D'Ambra, Mayor
Page 3
(Seal)
Exhibit A
Page 4
Ev, '-
�ZTNEsThe Fitness Solution, Inc.
PO Box 260363
SOLUTION Pembroke Pines, FL 33026
Voice: 9545054178
Fax # 954-450-9661
Estimate
Date
Estimate #
7 '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
Inflight Fitness (FID) Flat, incline, decline bench 5005
I
547.60
547.60T
Equipment- Small
Circle fitness M7 treadmill with LED console / HR
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-
I
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
1,178.31T
bags- sm/ med/ Ig/ xl/ 4 stretch mats with wall rack/
Equipment- Small
In light fitness Rubber hex 5-75 LB dumbbell set with
I
3,478.23
3,478.23T
three tier rack
Flooring
Flooring Installation- Everlast 3/8 inch Interlock tiles
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
info@TheFloridaFitnessSolution.com
Please sign and return when approved. The Florida FitnessSolution.com