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HomeMy WebLinkAboutRes 2025-01-1725 Quote from National Fitness Campaign for Equipment and Shade Structure at Anna Crossing ParkCITY OF ANNA, TEXAS RESOLUTION NO. 0IQA6 -O I - I''1 ;1 5 A RESOLUTION OF THE CITY OF ANNA, TEXAS, ACCEPTING AND APPROVING A QUOTE FROM NATIONAL FITNESS CAMPAIGN FOR EQUIPMENT AND A SHADE STRUCTURE TO BE INSTALLAED ON A FITNESS COURT AT ANNA CROSSING PARK. WHEREAS, the City Council of the City of Anna, Texas, ("City Council") finds that the equipment provided by National Fitness Campaign (NFC) is instrumental and necessary to the installation of a fitness court at Slayter Creek Park; and WHEREAS, the City Council acknowledges the receipt of a grant in the amount of $50,000 to assist in the funding of said fitness court; and WHEREAS, the City Council considers providing neighbors in Anna opportunities to improve their health and fitness a priority; and WHEREAS, the City Council acknowledges that the equipment provided by NFC is proprietary; and WHEREAS, the City Council approves the quote provided by NFC for the following amount: "The total amount for fiscal year 2024-25: $170,000." NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the quote from NFC and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the quote from NFC. PASSED, APPROVED, AND ADOPTED on first and final reading on this 281" day of January 2025. ATTEST: APPROVED: National Fitness Campaign LP 'NALFITNESS NATICAMPAIGN For all questions regarding this quote, contact: info@nfchq.com Created Date 1/15/2025 Expiration Date 2/12/2025 Quote Number 00001559 Bill To Name Anna, TX QUOTE Bill To 111 North Powell Parkway Anna, TX 75409 USA 2025 - Fitness Court@ and National Campaign Resources 1.00 $170,000.00 Fitness Court@ Shade 1.00 $50,000.00 NFC State Sponsor Grant 1.00 -$50,000.00 Shipping & Handling 1.00 $0.00 Tax % 0,0000% Grand Total $170,000.00 Terms 1. AUTHORIZATION: Purchaser to reference quote number on approved Purchase Order or contract. 2. PAYMENT TERMS Purchaser will pay Seller 100% of the Purchase Price upon shipment of the Fitness Court©. Purchaser is responsible for payment of shipping costs, including packing, insurance and freight. These payment terms will apply unless other approved payment terms have been agreed to by both parties. Overdue Invoices will be subject to 2% interest charge per month. 3. TAX EXEMPTION This quoted total is based upon Purchaser's tax-exempt status, for which verifying documentation must be provided to the Seller. If the Purchaser is not tax-exempt, sales tax will be applied before Purchase Price is considered final or binding. Final invoice will be adjusted if the actual tax rate is different from what is listed on this quote. 4. STANDARD WARRANTY AND TERMS NFC standard warranty and terms apply. See nationalfitnesscampaign com/warranty for details. 5. PURCHASER OBLIGATIONS / TERMS AND CONDITIONS Purchaser acknowledges upon receipt of the Fitness Court@ that they are responsible for the following items concerning the purchase of the Fitness Court@ which includes Design, Activation, and Campaign Resources: • Purchaser is responsible for providing storage of the Fitness Court@ with insured protection, including liability, theft, or damage. • A safe and environmentally controlled storage environment is required to store the tile adhesive. Store tile adhesive at temperatures between 50°F (10°C) and 100°F (38°C). • NFC is not responsible for damage after receipt of goods by the Purchaser. • Purchaser is responsible for (under a separate agreement) providing installation of the concrete slab footing, applicable ADA Access, Pour In Place or Tile Flooring installation, and Fitness Court@ installation per the NFC Installation Manual, adhesive manufacturers recommendations, and local safety, permitting, building, and planning code requirements. • Assembly Completion Certificate submission to NFC is required within 15 days of Fitness Court@ Installation. • A safe and environmentally controlled storage environment is required to store digital print graphics. • NFC shall not be responsible for work performed by others. • Purchaser to provide all on -site maintenance, safety, and security. • Purchaser shall not allow any use of Fitness Court@ until all Graphics are installed. • Purchaser understands that the use of exercise equipment incurs risks that are voluntarily entered into. Terms of Use of the Fitness Court© by the public located at the purchaser's site shall be governed by the Purchaser in addition to the NFC minimum guidelines. • Purchaser must maintain graphics and posted safety rules and regulations. • Purchaser shall be responsible for site selection and all inherent risks associated with the choice of site selection, including risk to the general public. • Purchaser acknowledges that all sponsors providing funding for the Fitness Court@ shall not be held liable for any risk associated with the installation of or use of the Fitness Court@. • Purchaser acknowledges that all product defects shall be covered by the contract manufacturer of the Fitness Court@ and all defects related to the installation of the Fitness Court@ shall be covered by the installer hired by the purchaser. • Purchaser accepts risks and requirements as outlined in the approved Grant Funding Application as applicable. • If the Purchaser is not the legal Land Owner, then they are required to ensure that the Land Owner is aware of and willing to abide by all Obligations / Terms and Conditions. Otherwise, they shall be responsible for these obligations, including Terms of Use. The same obligations and liabilities shall exist if the Fitness Court@, which includes Design, Activation, and Campaign Resources, is sold, Registered Office: PO Box 2367, San Francisco, CA, 94126, USA. L ESS QUOTE National Fitness Campaign LP For all questions regarding this quote, contact: info@nfchq.com Created Date 1/15/2025 Expiration Date 2/12/2025 Quote Number 00001559 Bill To Name Anna, TX Bill To 111 North Powell Parkway Anna, TX 75409 USA acquired, assumed, transferred, or gifted to another party. The new party must be aware of and willing to abide by all Obligations / Terms and Conditions herein or they will retain responsibility. 6. LIMITS OF LIABILITY NFC's total liability under this Agreement to Purchaser, its contractors, subcontractors, affiliates, partners, officers, directs, shareholders and employees (hereinafter "Affiliates"), for any and all injuries, damages, claims, losses, expenses or claim expenses (including attorney's fees) arising out of this agreement from any cause or causes except for NFC's intentional acts, is limited to the amount of money paid by Purchaser to NFC under this Agreement. Such causes include, but are not limited to, NFC's negligence, errors, omissions, strict liability, or breach of warranty. 7. OWNERSHIP OF DOCUMENTS All designs, intellectual properties, and related Campaign Services pertaining to the Fitness Court@ belong solely to the National Fitness Campaign. All construction data, materials, or documents specifically prepared or assembled by NFC may be used by the Purchaser to aid in the storage, installation, and maintenance of the Fitness Court@ only. 8. CHANGE ORDERS: Any changes in scope of work or Terms and Conditions shall be agreed upon in writing by both parties. 9. PURCHASER ACKNOWLEDGMENTS Purchaser acknowledges and accepts upon receipt of Fitness Court@ all terms and conditions as described above, including Payment Terms, Terms of Tax Exempt Status, NFC Standard Warranty & Terms, Warranty Disclaimers, Purchaser Obligations, Limits of Liability, Ownership of Documents, and Change Orders. Registered Office: PO Box 2367, San Francisco, CA, 94126, USA.