Loading...
HomeMy WebLinkAboutAdvantage Exercise Equipment - Police Department Exercise Equipment - 2016AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ADVANCED EXERCISE EQUIPMENT THIS AGREEMENT is entered into this l9th day of January 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Advanced Exercise Equipment (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide and install cardio equipment, strength equipment, fitness accessories, and flooring in the Police Department's fitness center, located at 1200 National City Boulevard in National City, California. WHEREAS, the CITY has determined that the CONTRACTOR is a supplier of exercise equipment and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will provide and install cardio equipment, strength equipment, fitness accessories, and flooring as set forth in the attached Exhibit "A". The installation shall be completed as soon as reasonably possible, but no later than July 30, 2016. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Sergeant Chris Cameon is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Mario Rodriguez thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on the rate listed in Exhibit "A". The total cost for all work described in Exhibit "A" shall not exceed $130,550.93. The CONTRACTOR shall submit an invoice and the CITY will process the invoice for payment within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determinted by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on the date first listed above. The duration of this Agreement is through July 30, 2016. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR City's Standard Agreement 2 City of National City and Advanced Exercise Equipment shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY' S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each City's Standard Agreement 3 City of National City and Advanced Exercise Equipment of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. City's Standard Agreement 4 City of National City and Advanced Exercise Equipment 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any City's Standard Agreement 5 City of National City and Advanced Exercise Equipment liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY' S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY' S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in City's Standard Agreement 6 City of National City and Advanced Exercise Equipment full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. City's Standard Agreement 7 City of National City and Advanced Exercise Equipment D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Administrative Lieutenant National City Police Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONTRACTOR: Mario Rodriguez Advanced Exercise Equipment 861 South Park Drive #100 Littleton, CO 80120 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. City's Standard Agreement 8 City of National City and Advanced Exercise Equipment 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. City's Standard Agreement 9 City of National City and Advanced Exercise Equipment E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits or schedules or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. [Signature Page to Follow] City's Standard Agreement 10 City of National City and Advanced Exercise Equipment IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: APPROVED 0 FORM: By: Claudia G. Silva City Attorney ADVANCED EXERCISE EQUIPMENT (Signatures of two corporate officers required) By: Print (Title) (Dated) (Na (Print) (Title) (Dated) City's Standard Agreement - 11 City of National City and Advanced Exercise Equipment AEE Consultant: Mario Rodriguez mrodriguez@advancedexercise.com Phone: 858.412.2002 Fax: 858.412.2002 Bill to: National City Police Department 1200 National City Blvd. National City, ca. 91950 David Espiritu (619) 336-4491 despiritu@nationalcityca.gov CARDIO EQUIPMENT Model Brand Descr ption CLST-DOMXX Life Fitness Integrity Series Classic Treadmill EXERCISE LOLIIPMENT Design Selection Experience Date: October 30, 2015 Quote Expires: 45 day(s) Proposal # 010682-R3 Ship to: National City Police Department 1200 National City Blvd. National City , CA 91950 David Espiritu (619) 336-4491 despiritu@nationalcityca.gov peci !cations • 4 H.P. (8 H.P. Peak) AC Motor • 0.5-14 MPH • 0%-15% Elevation • 20" x 60" Running Surface • 28 Workout Programs Including 6 Zone Training Programs • iPod Compatibility on Optional Attachable TV • Integrated iPod/TV Controls • Heart Rate Monitoring: Life Pulse"' Hand Sensors and Polar Telemetry • DX3 Deck Belt System • 83"L x 37"W x 62.25"H • 120V Dedicated 20AMP NEMA5-20R Receptacle Unit Price Qty Total Ext 5,443.00 2 $10,886.00 CLSR-DOMXX Life Fitness Integrity Series Classic Recumbent Lifecycle Bike • 25 Resistance Levels • 26 Workout Programs • Amber LED Display • iPod Compatibility on Optional Attachable TV • Integrated iPod/TV Controls • Heart Rate Monitoring: Life Pulse"' Hand Sensors and Polar® Telemetry • Recumbent Seat with Built-in Grooves • Self Powered with Optional Power Cord 2,358.30 1 $2,358.30 CLPM-ALLXX Life Fitness Integrity Series PowerMill • Sure Step System"' AC Motor • Broad Speed Range from 12-185 SPM • Largest Step Surface in the industry • MaxBlox"' Pinch Protectors • 28 Workout Programs Including 6 Zone Training Programs • iPod Compatibility on Optional Attachable TV • Integrated iPodJTV Controls • Heart Rate Monitoring: Life Pulse TM Hand Sensors and Polare Telemetry • 57"L x 32.8"W x 82"H • 9' Ceiling Height will accommodate 95% of Users • 115V 15AMP Receptacle 6,156.50 1 $6,156.50 EXHIBIT A Pagel 1 of 17 S61SodthPaikDlr.e003 1 trtileton,(D80110 1 fsCC.5201112 adearcederetcese.cont Proposal # 010682-R3 95F1-DOMXX Life Fitness 95F Discover SI FlexStrider (Arctic Silver) 1993-US VMX ASSAULT AIRBIKE Concept 2 Model D Indoor Rower with PM4 (Light Gray) • Integrated 10 in. SwipeTM Technology 8,049.30 1 $8,049.30 Touch Screen • Apple & Android Compatibility with iPAD Charging and Holder • Exclusive Lifescape Interactive Courses • Internet Browsing • Bluetooth Compatibility • Asset Management and Customization via LFConnect • Life Pulse"' Hand Sensors and Polar& Telemetry Heart Rate • Variable on the Fly Stride Length • Stride Length up to 36" • 115V 15AMP Receptacle • Color Gray • Model D with Upgrade PM4 Monitor • The PM4 includes a rechargeable 2D cell battery pack • Optional AC adapter • ANT Wireless Heart Monitoring • PM4 includes a Garmin chest belt • Low Profile 14" (35.6 cm) seat height • Spiral damper allows you to easily adjust the airflow to the flywheel • Adjustable footrests and ergonomic handle • 96" L x 24" W x 14" seat Height • Max user weight 500 lbs. Unit weight 57 lbs. 1,050.00 $1,050.00 Marpo Multi -Mode Rope Trainer Kinetics LifeCORE Air Bike 3,900.00 1 $3,900.00 • Total Body movement • Sturdy steel frame • Forged Cro-Moly Cranks • Sealed Bearings a1 all pivot points • Steel knurled foot pegs • Pop pin adjustment knobs • Seat adjustments for height, fore & aft • Monitor with 8 workout options • Polar Heart Rate compatible • Dimensions: 50.9'Lx23.3'Wx48.4"H • Assembled Weight 98 lbs. 899.00 1 $899.00 INTEGRITY- Life Fitness Integrity Series Titanium Base Frame Color TITANIUM 0.00 4 $0.00 Model W-PVS 15-LF Waio Broadcastvision 15" LED attachable PVS (Gray/Black Bezel trim) Specifications • For use with integrated cardio control consoles • Compatible with LF Integrity, Inspire and Discover Si • Compatible with Precor, Star Trac. Matrix & Free Motion • ATSC/NTSC Tuner • Full HD Resolution • 2 year warranty n t - rice Qty ota Ext 650.00 5 $3,250.00 Page i2of17 S615outtil'at Ori ex100 j tiltlrton.0080120 1 h00 520.1112 I ad rancedaxrrcisr.com DISCOVER -TV- Life Fitness Discover Series TV Bracket BRCKT-02 (New Charcoal Gray) • TV Bracket for Discover SI Consoles • Arctic Silver Frames • Titanium Storm • Diamond White • Black Onyx Proposal # 010682-R3 111.20 1 $111.20 AK71-00064- Life Fitness 93T, 95Ti, 97Ti, Classic & 111.20 2 $222.40 0001 Integrity Treadmill TV Bracket AK71-00027- Life Fitness Recumbent Lifecycle Bike, 93S, 0000 95Si Stepper and Classic Recumbent TV Bracket 111.20 1 $111.20 AK71-000071- Life Fitness Integrity Series PowerMill TV 0000 Bracket 111.20 1 $111.20 DISCOVER -TV- Life Fitness Discover Series TV Bracket BRCKT-02 (New Charcoal Gray) • TV Bracket for Discover SI Consoles • Arctic Silver Frames • Titanium Storm • Diamond White • Black Onyx 111.20 1 $111.20 Model Brand Desc ption Specifications Unit Price QtyTotal Ext HDLPR Hammer HD Elite Power Rack • Use as Stand Alone or Combo Rack 1,719.20 2 $3,438.40 Strength ,L • Requires Plate Storage Option • Anvil Bracing and Spider Gusset for rigidity • Hammer Lock bolting machanism • Spotters Arms Included • Standard Chin Up Bar • Bar, Band and Chain Storage • 3" x 3" 7 Gauge Steel Tubing • Laser Cut numbers on uprights • Weight: 5571bs. Rack Only • 10 Year Frame Warranty • Made in the USA with American Steel HDLSTOR-SA- Hammer HD Elite Bumper Plate & Tray 6202 Strength Storage (Stand Alone) Front Load • For use with Stand HD Elite Alone Racks • Includes 5 Standard Storage Pegs & Front Load Bumper Plate & Tray Storage • 327 lbs. • Made in the USA with American Steel 983.20 2 $1,966.40 HDLPR-6102 Hammer 9 Height Option (Power Rack) Strength 109.00 2 $218.00 Page I3of17 6615uuinl'are:Drio.;100 I litilrton.(060120 j SOO520.1112 I adeanredexeurse.com Proposal # 010682-R3 HDLDL Hammer Dock n Lock Strength • Optional attachment locks in HDLADJ!HDLADJXL • Aligns and locks bench in the rack • 9 forward and rearward positions • For use with PR, MR, HRL, HRS & HDHR 87.20 2 $174.40 HDL4BS Hammer 4 Bar Storage Strength µ • Optional 4 Bar Storage • Store up 4 additional olympic bars • For use with PR, MR, HRL and HRS 167.20 2 $334.40 HDLNPU Hammer Neutral Pull -Up Strength • Optional Neutral 1.25" knurled grip Pull Up Bar • Neutral grips at 24" and 28" apart • Use with PR, MR, HRL, HRS, CRDAP or DAP 407.80 2 $815.60 HDLPR-6002 Hammer Side Pull -Up Option (Power Strength Rack w/Standard Base) • For use with Power Rack Standard Base only • Must be ordered with Rack order • Made in the USA with American Steel 239.20 2 $478.40 HDLDIP-PRMR Hammer Dip Handle (Power Rack/Multi • Optional Dip Bar • Ergonomic handle fits wide range of users • Textured black powder coated paint • • For use with PR and MR only Strength Rack) 247.20 1 $247.20 HDLPP Hammer Power Pivot Strength • Optional Power Pivot 207.20 1 $207.20 • Locking Mechanism for safety • For use with PR, MR, HRL and HRS HDLADJ Hammer HD Elite Adjustable Bench Strength • HD Elite Adjustable Bench • Back pad adjusts to 0, 15, 30, 45, 60 and 75 degrees • Seat pad adjusts from 0-30 degrees • Locks into rack with Dock N Lock option • Wheels for easy adjustments and transport • Dimensions: 50"L x 17,75"W x 18"H • Weight: 135 lbs. • Made in the USA with American Steel 775.20 2 $1,550.40 Page 14of17 Sii1ScuthParkDrive 0100 1 Lntletaa,(08O120 I F.00 520 1112 I advar,cede►erkrse.mm HS-PD Hammer Hammer Select Lat Pulldown Strength �•.�, Proposal # 010682-R3 • 2" x 4" and 2" x 3" 11 gauge steel 2,024.25 1 $2,024.25 tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Thigh pads easily adjust to provide stability and comfort • Straight -bar w/ angled ends ensures correct arm and wrist position throughout motion • Machine Weight: 5451b. • Weight Stack: 2951b. • Dimensions: 54"L x 33"W x 89"H • Made in USA HS-SP Hammer Strength Hammer Select Shoulder Press • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Choice of grips includes a neutral position for individual preference and anatomical limitations • Seat position provides range of motion adjustment • Machine Weight: 5201b. • Weight Stack 2001b. • Dimensions: 60"L x 56' W x 64"H • Made in USA 2,399.25 1 $2,399.25 HS-PEC Hammer Hammer Select Pectoral Fly Strength • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Machine arms pivot to accommodate different size users • Built-in foot bar enhances user stabilization • 5 position adj. start mechanism for individual range of motion • Machine Weight: 5801b. • Weight Stack: 2951b. • Dimensions: 49"L x 56"W x 71"H • Made in USA 2,474.25 1 $2,474.25 HS-RW Hammer Hammer Select Row Strength • 2" x 4" and 2" x 3" 11 gauge steel 2,474.25 1 $2,474.25 tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Overhead pivot creates natural arc of motion • Multiple hand positions provide variety of exercises • Machine Weight: 5901b. • Weight Stack: 2951b. • Dimensions: 52"L x 34"W x 71"H • Made in USA Pagel 5 of 17 861Southfatk0use;100 I Littleton,CO80120 1500.520.1112 I ads'ancedexernsecom Proposal # 010682-R3 HS-CP Hammer Hammer Select Chest Press Strength • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Built-in foot bar enhances user stabilization • Machine Weight: 5601bs • Weight Stack: 295 lbs • Dimensions: 41"L x 57' W x 64"H 2,474.25 1 $2,474.25 HS-SLC Hammer Strength Hammer Select Seated Leg Curl • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Back pad adjusts from seated position for correct alignment • Adj. thigh pad with handles for stabilization • Machine Weight: 5151b. • Weight Stack: 2951b. • Dimensions'. 55"L x 34"W x 55"H • Made in USA 2,699.25 1 $2,699.25 HS-LE Hammer Hammer Select Leg Extension Strength • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Adjustments are accessible from seated position • Machine Weight: 5701b. • Weight Stack: 2951b. • Dimensions: 47"L x 41"W x 64"H • Made in USA 2,549.25 1 $2,549.25 HS-SLP Hammer Hammer Select Seated Leg Strength Press • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Maintenance -free, chrome steel rails offer smooth motion • user positioning and pressing angles are biomechanically optimized • Machine Weight 8101b. • Weight Stack: 3901b. • Dimensions: 79"L x 40"W x 71"H • Made in USA 4,199.25 1 $4,199.25 HS-BC Hammer Hammer Select Biceps Curl Strength • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Integrated 51b. and 101b. Incremental Weight System • Arm pad is angled for stability • Pivot is positioned for ideal alignment • Angled hand grips reduce wrist strain • Machine Weight: 4501b. • Weight Stack: 2001b. • Dimensions: 45"L x 41"W x 55"H • Made in USA 2,249.25 1 $2,249.25 Page l6of17 561 SouthParkUrive$100 I tittteton,(0$0120 j 600.520.1112 advancedexetr t' com Proposal # 010682-R3 HS-TE Hammer Hammer Select Triceps Strength Extension • 2" x 4" and 2" x 3" 11 gauge steel tubing • Easy -to -adjust spring assisted roller seat adjustment • Start Position is adjusted in five 10- degree incrementsRatchet Seat System • Rear Weight Stack Shroud • Angled seat and arm pads for stability • Handle pivots automatically to accommodate varying forearm lengths • Machine Weight: 4701b. • Weight Stack: 2001b. • Dimensions: 45"L x 44' W x 55"H • Made in USA 2,249.25 1 $2,249.25 HS-BE Hammer Hammer Select Back Extension • 2" x 4" and 2" x 3" 11 gauge steel Strength tubing f • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • 5 position adj. start mechanism caters to individual range of motion • 2 non -slip foot positions • Lumbar pad helps users find correct position • Machine Weight: 5601b. • Weight Stack: 2951b. • Dimensions: 46"L x 40"W x 55"H • Made in USA 2,549.25 1 $2,549.25 HS-ABC Hammer Strength Crunch Hammer Select Abdominal • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments ' + • Ratchet Seat System • Rear Weight Stack Shroud • AbCam System replicates natural abdominal crunch movement • Counterbalanced workarm provides low start resistance • Two foot pegs ensure comfort with no adjustments • Machine Weight 4001b. • Weight Stack: 2001b. • Dimensions: 62"L x 35' W x 56"H • Made in USA 2,549.75 1 $2,549.75 CMDAP Life Fitness Signature Series Cable Motion Dual Adjustable Pulley • Oval frame 11-gauge tubing with powder coat finish • 1" solid steel weight plates • Rear weight stack shrouds • 22 adjustment positions per column • 1:4 resistance ratio • 3 position pull up station • Accessory kit & storage included • Machine Weight: 12651b. • Weight Stack: 2 x 3901b. • Dimensions with pull-up handles: 44'L x 62Wx95*H • Made in USA 4,159.20 1 $4,159.20 Page 17 of 17 i-at Scut rkDrNet104 lotleton,(060120I 800.520.1112 adrancedwrcnc.rom Proposal # 010682-R3 FWMAB Hammer Multi -Adjustable Bench Strength • Adjusts in 8 different positions from 0- 739.15 2 $1,478.30 80 degrees • Seat automatically adjusts with back pad adjustment • 11-gauge steel frame with powder coat finish • Wheels with transportation handle • Made in USA • Machine Weight: 115 Ib. • Dimensions: 551 x 26' W x 17' H FWDR2 Hammer Dumbbell Rack -Double Tier • Angled trays with saddle for each Strength dumbbell • Pinch free design • Holds 10 pair of round head dumbbells • 11-gauge steel frame with powder coat finish • Made in USA • Machine Weight: 155 Ib. • Dimensions: 901 x 24' W x 32' H zizzr 645.15 2 $1,290.30 FWDB Hammer Decline Bench Strength • Fixed 15-degree decline lumbar pad angle • Roller pads for increased comfort • 11-gauge steel frame with powder coat finish • Made in USA • Machine Weight: 100 Ib. • Dimensions: 631 x 24' W x 34' H 492.15 1 $492.15 OSDBV Life Fitness Optima Series Vertical Dumbbell Rack • Oval frame 11 gauge tubing with powder coat finish • Holds 6 pairs 51b. to 30Ib. dumbbell sizes • Machine Weight: 671b. • Dimensions: 20"L x 20"W x 45"H 335.20 1 $335.20 BWBE Hammer BW Back Extension Strength • Lift and lock adjustable thigh pad • 7 user adjustment positions • Polyethylene spray -coated foot platform • 11-gauge steel frame with powder coat finish • Made in USA • Machine Weight: 135 Ib. • Dimensions: 591. x 28'W x 43'H 696.15 1 $696.15 Page 18 of 17 6615outhParkUnret1D0 j tittleion,C08011D I SOO520.1112 ad;ancedereune.com Proposal # 010682-R3 Model TSD-05-100R- SET Brand Description Troy Barbell 12-Sided Rubber Encased Dumbbells 5-100lb. Set Specifications Unit Price Qty Total Ext 4,265.00 1 $4,265.00 TSD-003R Troy Barbell 12-Sided Rubber Encased Dumbbells 31b. (each) 6.50 2 $13.00 TSD-012R Troy Barbell 12-Sided Rubber Encased Dumbbells 121b. (each) 24.50 2 $49.00 TSD-010R Troy Barbell 12-Sided Rubber Encased Dumbbells 10Ib. (each) 20.30 2 $40.60 TSD-008R Troy Barbell 12-Sided Rubber Encased Dumbbells 81b. (each) to 16.25 2 $32.50 Page 19of17 661 Scut r100 $ In►leton.(060120 500.520.1112 adontedemost com Proposal # 010682-R3 TSD-005R Troy Barbell 12-Sided Rubber Encased Dumbbells 51b. (each) 13.20 2 $26.40 KB-010 Troy Barbell Cast Iron Kettlabell 101b. KB-015 Troy Barbell Cast Iron KettJebell 151b. KB-020 Troy Barbell Cast Iron Kettlebell 201b. KB-030 Troy Barbell Cast Iron Kettlabe11301b. KB-040 Troy Barbell Cast Iron Kettlebell 401b. • Black • Black • Black • Black • Black 14.15 1 $14.15 21.20 26.30 1 1 42.50 1 56.60 1 $21.20 $28.30 $42.50 $56.60 Pagel 10 of 17 b615cuthParkDrwe:100 littletoa,(080120 ( E00.520111? ! adrarcedeKercise.com Proposal # 010682-R3 KB-050 Troy Barbell Cast Iron Kettlebell 50Ib. • Black 71.00 1 $71.00 GOB-1200 Troy Barbell 7ft, Hard Chrome Olympic Power Bar • Hard Chrome • 1200# Test Capacity • 32MM Diameter • Snap Ring Sleeve Design 168.00 2 $336.00 GSOZ-47 Troy Barbell Olympic Economy EZ Super Curl Bar 52.00 1 $52.00 AOMC Troy Barbell 2in. Muscle Clamp Collar (pair) VO-010SBP Troy Barbell VTX Olympic Solid Rubber Bumper Plate 10Ib. VO-015SBP Troy Barbell VTX Olympic Solid Rubber Bumper Plate 151b. 0 37.00 3 $111.00 23.00 2 $46.00 28.00 2 $56.00 Page 111 of 17 bi,15rutl1P tkDnrrcl0CD 1ittlrtrri,(080120 1 600.520.1112 ono rreder.euitr,com Proposal # 010682-R3 VO-025SBP Troy Barbell VTX Olympic Solid Rubber 36.00 2 $72.00 Bumper Plate 251b. VO-035SBP Troy Barbell VTX Olympic Solid Rubber Bumper Plate 351b. 50.00 2 $100.00 VO-045SBP Troy Barbell VTX Olympic Solid Rubber Bumper Plate 451b. 64.00 2 $128.00 GO-005R GO-025R Troy Barbell Rubber Encased Olympic Plate 51b. Troy Barbell Rubber Encased Olympic Grip Plate 251b. 9.25 2 $18.50 46.15 2 $92.30 GO-035R Troy Barbell Rubber Encased Olympic Grip Plate 351b. 64.60 2 $129.20 Page 112of17 661SouthParkDriver+100 1 litileton,(060120 1600.520.1112 ( ad:ancedefercisc.com Proposal # 010682-R3 GO-045R GO-010R GO-002R Troy Barbell Rubber Encased Olympic Grip Plate 451b. Troy Barbell Rubber Encased Olympic Plate 101b. Troy Barbell Rubber Encased Olympic Plate 2.51b. 83.00 2 $166.00 18.45 2 5.00 2 $36.90 $10.00 TRAINING TOOLS Moe ra , Descri ecificat ens l nit Price Qty 05-58474 Spri Xerball Medicine Ball 81b. (Rosewood) 57.98 1 $57.98 05-58471 Spri Xerball Medicine Ball 10lb. (Purple) ..ivrs 68.98 1 $68.98 Page 113 of 17 561 SouthPark Drive 1080120 0120 1 E00 5201112 I ad.arcedeu:c e.corn Proposal # 010682-R3 05-58472 Spri Xerball Medicine Ball 121b. 80.98 1 $80.98 (Blue) 7i 05-58667 Spri Xerball Medicine Ball 151b. (Teal) 05-58672 05-59215 Spri Xerball Medicine Ball 181b. (Green) Spri Xerball Medicine Ball 201b. (Dark Green) 87.98 1 $87.98 95.98 102.98 $95.98 1 $102.98 MED-RACK6 Spri 6-Ball Xerball Rack 200.98 1 $200.98 92555 Power Adjustable Wall Rack for Mats 29.95 1 $29.95 Systems 83611 Power Systems Hanging Club Mat - 56 in. (L) x 24 in. (W) x 318 in. (Thick) - Midnight Blue 34.95 4 $139.80 07-70442 Spri Elite Xercise Ball - 65cm - Black 53.98 2 $107.96 Pagel 14 of 17 E61ScuthParkDrir 100) iiiiktr .00S0110 1 EOUS)D.111? ad:an;edr►ercisecr. SXBE75S Spri 75cm Elite Xercise Ball - Silver SXBE65R Spri 65cm Elite Xercise Ball - Red RFBP Spri E-Z Air Pump Proposal # 010682-R3 57.98 1 53.98 $57.98 2 $107.96 12.98 1 $12.98 07-71120 Spri Covered Training Rope -1.5 x • Nylon Training Rope 229.98 1 $229.98 35 • Covered Sleeve for Durability MH0331G Balazs Boxing Retractable H2S Heavy Bag Wall Mount 699.00 1 $699.00 HB150BLACK Balazs Professional Heavy Bag 15olb. Black 324.00 1 $324.00 Model :. n, a Description pec _ ,. jo s': Un -nce .�..>: _Pr obi : xt CSTM-CABLE- CURB 28 Custom Cable Curb 1,976.00 1 $1,976.00 ECORE ATHLETIC RALLY ECORE Rolled Rubber Rally 14.5mm x4ft. Rolls, Color TBD 5.20 1,9 $9,880.00 00 ECORE ADHESIVE Egrip 3 Adhesive, 4 Gal Pail 205.00 4 $820.00 TRD-000067 ECORE All Purpose Cleaner (E- Cleaner) 25.00 1 $25.00 Page 115of17 & 1SouthPaikDow ;100 j Intleton,COSO120 j FOG.5201112 + advaecednercne.com Proposal # 010682-R3 Comments: Subtotal: $107,110.12 Preventative Maintenance cost per visit 626.46 Please let me know how many years you would like to include in proposal. Delivery and Install: 9,760.00 NJPA pricing has been used for this quote. See attachments. Freight 5,112.00 Tax: 8,568.81 Total: $130,550.93 Page 116 of 17 6615outhParkDrivtt100 ( [tttition.CUS0120 I 800.520 1112 j ad:ancedrust cam Proposal # 010682-R3 Terms & Conditions Terms: 50% down, balance due on delivery or Net 10 with an approved purchase order. Invoice will be due and payable, based on the original installation date. We accept cash, checks, money orders, and wire transfers of funds. Special Orders: A 100% prepayment is required for all customized products including but not limited to custom colors, PLAE Sports Flooring and products with logos such as plates, dumbbells and platforms. Return Policy: A 25% restocking fee, plus freight, will be incurred for all non -custom products returned. Customized products are nonreturnable. A minimum restocking fee of 25%, plus freight, will be incurred for all non -customized products returned. Bolt Down Requirements: Life Fitness recommends that all strength training equipment be secured to the floor in order to prevent tipping, rocking or displacement which might occur in the event of unanticipated use of the equipment. Life Fitness requires that certain strength training equipment (specifically the Synrgy 360S, T, XS, XM, the HD Elite Half Rack/Short Base unit and other products to be used for body weight strap training) be secured to the floor. In the case of Synrgy 360S, T, XS, XM and the Elite HD Half Rack Short Base, the customer acknowledges: • Customer has determined the proper placement of the equipment to be secured. Customer Initial • Customer has identified and informed AEE of the location of any utility, service lines, including but not limited to post tension cables. It is the customer's responsibility to identify the locations of any cables or lines prior to installation. Customer Initial • Customer has confirmed that the subfloor consists of no less than 2.5 inches of concrete. Customer Initial • Customer has obtained any and all consents to the drilling of holes in the flooring and subflooring. Customer Initial If your order includes any of the equipment requiring bolting to the floor, initials are required above and an additional signed waiver will be required to place the order. Additional products may require bolting to the floor, wall or ceiling. Bolting is not included on these products unless otherwise noted on the quotation. Customer is responsible for bolting these products to meet the manufacturer's requirements. This includes TRX, Core Energy, Boxing mounts and other products that require bolting to the facility structure. Flooring Installation: Refer to the product specifications to ensure that the sub floor meets the material installation requirements. Freight offloading, inside delivery, adhesive, moisture tests, moisture reducers, base boards, sub floor prep, sub floor cleaning, transition strips and existing floor removal and disposal are not included unless otherwise noted on the quotation. Storage: We reserve the right to assess storage fees not to exceed 1.5% per month, or fraction thereof and request payment in full on the related customer's invoice, when a customer's original delivery date is delayed by circumstances beyond our control. Taxes: We collect sales or use taxes only in jurisdictions where we are licensed to do so. Customer agrees to accept sole liability and responsibility to pay for any and all uncollected sales or use tax liabilities, related penalties and interest that arise as a result of the purchase of products and/or services from our company. Security: Until all products are paid in full, customer hereby grants to, and AEE shall retain, a security interest in and lien on, all products sold to the customer. I accept the terms and conditions of this quote. Signature: Name: Date: David Espiritu Page I17of17 htil Southl'arl [Hoe 100 j tJnlrmn,(0601?0 600 510.111? advanredekercrse.rom National City Police Equipment Legend 1-Treadmill 2- Upright Bike 3-Powermill 4-Flex Strider 5-Marpo Rope Trainer 6-Rower 7-Recumbent Bike 8-Airbike Bike 9-Power Rack 10-Power Rack 11-Back ext. 12-Lat Pull Down 13-Shoulder Press 14-Pec/Fly 15-Seated Row 16-Seated Chest Press 17-Seated leg Curl 18-Leg Ext. 19-Seated Leg Press 20-Multi-Adj. Bench 21-Dumbbell Rack 22-Ab/Decline Bench 23-Back Extension 24- Ab Machine 25-Tri-cep 26-Vertical DB Rack 27-Medicine Ball Rack 28-Mat Rack 29-Dual Adj. Pulley 30-Bi-Cep 31-Heavy Bag (Wall Mounted) advanced ADVANCEDEXEROSE.COM I Commercial Consultantilario Rodriguez I Phone: 858.205.5800 I Date: 10/22/2015 I Scale: Drawing Scale I Version: V1.01-1 A Ei' CERTIFICATE OF LIABILITY INSURANCE DATE 12/15/2015) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 CONTACT Gail Clark NAME' (A/C. Fxu• (303) 824-6600 ,q/C.NoI: (303)370-0118 E-MAIL gall .clark@mood ins.com INSURER(S) AFFORDING COVERAGE NAIC # INsuRERA:Westfield Group 24112 INSURED Advanced Healthstyles Fitness Equipment, Inc., DBA: Advanced Exercise Equipment, Inc. 861 Southpark Drive Ste 100 Littleton CO 80120 INSURER B : INSURER C: INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X TRA1497975 Additional Insured status applies only to the extent provided in forms CG2010 and CG2037 4/13. 7/1/2015 7/1/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE 1 POLICY LIMIT APPLIES JFCT PRO-LOC PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALLOWNED x SCHEDULED X TRA1497975 7/1/2015 7/1/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Underinsured motorist BI single $ Included A X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE TRA1497975 7/1/2015 7/1/2016 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of National City, its elected officials, officers, agents, and employees are included as an Additional Insured with respect to General Liability as required by written contract, and Automobile Liability. CERTIFICATE HOLDER CANCELLATION eamaya@ nationalcityca . goy City of National City 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I Gail Clark/GAICLA„, ACORD 25 (2010/05) INS025 r9mnnsl m © 1988-2010 ACORD CORPORATION. All rights reserved. The A(:(1Rfl name anrt Innn arc rcnictcrori martrc of ArfPr1 Workers' Compensation and Employers' Liability Policy Named Insured Insperity, Inc. ADVANCED HEALTHSTYLES FITNESS EQUIPMENT, INC. 19001 Crescent Springs Drive, Kingwood, TX 77339 Endorsement Number Policy Number Symbol: RWC Number: C48619897 Policy Period 10/01/2015 TO 10/01/2016 Effective Date of Endorsement 12/15/2015 Issued By (Name of Insurance Company) Indemnity Insurance Company of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER We have the right to recover our payments from anyone enforce our right against the person or organization named the extent that you perform work under a written contract us. This agreement shall not operate directly or indirectly to Schedule CITY OF NATIONAL 1243 NATIONAL NATIONAL CITY, For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. FROM OTHERS ENDORSEMENT liable for an injury covered by this policy. We will not in the Schedule. This agreement applies only to that requires you to obtain this agreement from benefit any one not named in the Schedule. CITY CITY BLVD CA 91950-4301 V�, ` C.LL,��, J it Authorized Agent WC 00 03 13 (11/05) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation Acct#: 1171809 RESOLUTION NO. 2016 — 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING WAIVING THE BID PROCESS BY UTILIZING NATIONAL JOINT POWERS ALLIANCE CONTRACT 032623-LFF (COOPERATIVE PURCHASING), AS AUTHORIZED BY NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ADVANCED EXERCISE EQUIPMENT FOR THE PURCHASE AND INSTALLATION OF COMMERCIAL -GRADE FITNESS EQUIPMENT FOR THE POLICE DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $130,550.93 WHEREAS, in 2014, the Police Department created a Peer Support Team/Wellness Unit that is based on a "Triad of Care" consisting of emotional support, spiritual support, and physical fitness; and WHEREAS, the emotional support component has been addressed with the creation of a thirteen member Peer Support Team; and WHEREAS, the spiritual component has been addressed with the appointment of a volunteer Police Chaplain; and WHEREAS, to address the physical fitness element of the Wellness Unit, the Police Department desires to purchase and have installed commercial -grade exercise equipment in the existing gym facility at the Police Department because the current equipment is outdated, broken, and does not meet the current needs of our officers/employees; and WHEREAS, the City of National City will get the best price for the exercise equipment through a cooperative purchase utilizing National Joint Powers Alliance ("NJPA") Contract No. 021512.LLF; and WHEREAS, the City desires to enter into an Agreement with Advanced Exercise Equipment to purchase the exercise equipment and flooring for the not to exceed amount of $130,550.93, which includes delivery, installation, freight, and tax; and WHEREAS, Section 2.60.260 of the National City Municipal Code ("NCMC") provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the National Joint Powers Alliance's procurement procedures are in substantial compliance with the City's procurement procedures, and pursuant to Section 2.60.260 of the NCMC, authorizes the cooperative purchase of commercial -grade fitness equipment and flooring for the Police Department by utilizing National Joint Powers Alliance Contract No. 021512.LLF. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Advanced Exercise Equipment for the purchase and installation of commercial -grade fitness equipment and flooring for the not to exceed amount of $130,550.93. [Signature Page to Follow] Resolution No. 2016 — 1 Page Two PASSED and ADOPTED this 19th day of January, 2016. on Morrison, Mayor ATTEST: iy Michael R. Dalla,lerk PROVED TO FOR audia Gacitu Silva City Attorney Passed and adopted by the Council of the City of National City, California, on January 19, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California a City City of N ional City, California CI rk of the i By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-1 of the City of National City, California, passed and adopted by the Council of said City on January 19, 2016. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA c a c \ 6 - ‘ COUNCIL AGENDA STATEMENT MEETING DATE: January 19, 2016 AGENDA ITEM NO. 3 ITEM TITLE: Resolution of the City Council of the City of National City authorizing waiving the bid process by utilizing National Joint Powers Alliance Contract 032623-Iff, as authorized by National City Municipal Code Section 2.60.260 and authorize the Mayor to execute an Agreement with Advanced Exercise Equipment for the purchase of commercial -grade fitness equipment for the Police Department for an amount not to exceed $130,550.93. PREPARED BY: Chris Cameon, Sergeant PHONE: 619-336-4524 EXPLANATION: See attached Explanation. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Police APPROVED BY: APPROVED: "G Z/' /,L � � i� °9' Finance APPROVED: MIS General Fund 001-411-000-399-0000 -$65,275.47 Assest Forfeiture (Materials & Supplies) 131-411-000-399-0000 -$65,275.46 ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends that the City Council adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable ATTACHMENTS: xplanation Agreement with Advanced Exercise Equipment Life Fitness National Joint Powers Alliance (NJPA) Contract Advanced Exercise Equipment Quote & Product Information Pl scAiv`%o0 No. ao-1 Explanation In 2014 the Police Department created a Peer Support Team/Wellness Unit. The concept of the unit is based on a "Triad of Care" consisting of emotional support, spiritual support and physical fitness. The emotional support component has been addressed with the creation of a thirteen member Peer Support Team. The spiritual component has been addressed with the appointment of a volunteer Police Chaplain. The department will use these funds to satisfy the physical fitness element of the Wellness Unit by purchasing and installing commercial grade exercise equipment in the existing gym facility at the police department. The current equipment is outdated, broken, and does not meet the current needs of our officers/employees. Advanced Exercise Equipment and Life Fitness quoted the total cost of the project at $130,550.93 in attached Proposal #010682-R3. These funds are budgeted for the Police Department. This price includes delivery, installation, freight, and tax. Funds sufficient for the General Fund Portion of $65,275.47 are available in the General Fund Budget. The Chief of Police has authorized the use of $65,275.46 from the Police Asset Forfeiture Account as authorized by Council Resolution 16.292. It is requested the City Council waive the formal bidding requirements as allowed in Section 16 of Purchasing Ordinance #1480, and in Municipal Code Chapter 2.60.260- Cooperative Purchasing as Advanced Exercise Equipment and Life Fitness have been awarded a NJPA (National Joint Powers Alliance) Contract and to authorize the Mayor to enter into an Agreement with Advanced Exercise Equipment. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ADVANCED EXERCISE EQUIPMENT THIS AGREEMENT is entered into this 19th day of January 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Advanced Exercise Equipment (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide and install cardio equipment, strength equipment, fitness accessories, and flooring in the Police Department's fitness center, located at 1200 National City Boulevard in National City, California. WHEREAS, the CITY has determined that the CONTRACTOR is a supplier of exercise equipment and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will provide and install cardio equipment, strength equipment, fitness accessories, and flooring as set forth in the attached Exhibit "A". The installation shall be completed as soon as reasonably possible, but no later than July 30, 2016. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Sergeant Chris Cameon is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Mario Rodriguez thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on the rate listed in Exhibit "A". The total cost for all work described in Exhibit "A" shall not exceed $130,550.93. The CONTRACTOR shall submit an invoice and the CITY will process the invoice for payment within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determinted by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on the date first listed above. The duration of this Agreement is through July 30, 2016. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR City's Standard Agreement 2 City of National City and Advanced Exercise Equipment shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each City's Standard Agreement 3 City of National City and Advanced Exercise Equipment of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. City's Standard Agreement 4 City of National City and Advanced Exercise Equipment 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any City's Standard Agreement 5 City of National City and Advanced Exercise Equipment liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. n If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY' S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in City's Standard Agreement 6 City of National City and Advanced Exercise Equipment full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. City's Standard Agreement 7 City of National City and Advanced Exercise Equipment D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Administrative Lieutenant National City Police Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONTRACTOR: Mario Rodriguez Advanced Exercise Equipment 861 South Park Drive #100 Littleton, CO 80120 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. City's Standard Agreement 8 City of National City and Advanced Exercise Equipment 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. City's Standard Agreement 9 City of National City and Advanced Exercise Equipment E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits or schedules or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. [Signature Page to Follow] City's Standard Agreement 10 City of National City and Advanced Exercise Equipment IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ADVANCED EXERCISE EQUIPMENT (Signatures of two corporate officers required) By: Ron Morrison, Mayor By: (Name) APPROVED AS TO FORM: (Print) By: Claudia G. Silva City Attorney By: (Title) (Dated) (Name) (Print) (Title) (Dated) City's Standard Agreement 11 City of National City and Advanced Exercise Equipment aim AWARDED p NJPA VENDOR CONTRACT SUMMARY - LIFE FITNESS/HAMMER STRENGTH DATE March 20, 2012 RFP # 021512 AWARDED CONTRACT NUMBER 021512-LFF NJPA RFP TITLE & CATEGORY Exercise and Rehabilitation Equipment with Related Accessories. Supplies. and Services CONTRACT PERIOD March 20, 2012 through March 19, 2016 PRICING MODEL Line item pricing DESCRIPTION Life Fitness's NJPA contract is the one stop solution to all your fitness and strength equipment needs at the best available prices. Life Fitness provides members with a turnkey solution which includes financing, trade-ins. facility design & equipment placement, full installation, service plans, and dealer options. VENDOR NAME AND ADDRESS Life Fitness 5100 North River Road Schiller Park, IL 60176 VENDOR CONTACT Timm R,lo. an 847 92, 0344 NJPA CONTRACTS CONSIST OF THE FOLLOWING DOCUMENTS Section 2.4"Contract" as used herein shall mean cumulative documentation consisting of the RFP. and entire Bidder's Response. and fully executed "Acceptance and Award". • Bidders Response RELATED CONTRACT DOCUMENTATION • Board • Bid Evaluation • Bid Comment & Review • Affidavit of Advertisement • Bid Opening Witness Page • Request for Proposal (RFP) • Bidder's Response and Pricing - Available upon request from the NJPA Contract Manager DOCUMENTATION OF CONTRACT MAINTENANCE Renewal Extension 3-20-13 ADDITIONAL INFORMATION: Customer F,�r NJPA INFORMATION NJPA CONTACT Gordy Thompson TITLE NJPA Contract Manager PHONE 218-894-5489 EMAIL Gordv.thompson i;nipacoop.org ADDRESS 202 12th Street NE, P.O. Box 219, Staples, MN 56479 WEBSITE www.nipacoop.org anonal .joint rowers Alliance Contract Purchasing Department AEE Consultant: Mario Rodriguez mrodriguez@advancedexercise.com Phone: 858.412.2002 Fax: 858.412.2002 Bill to:..a.�...�.�._.�..,__.-......�__...�,.-- National City Police Department 1200 National City Blvd. National City, ca. 91950 David Espiritu (619) 336-4491 despiritu@nationalcityca.gov Model Brand Description CLST-DOMXX Life Fitness Integrity Series Classic Treadmill - Ship to:-_.�.,...._,.��.M�. National City Police Department 1200 National City Blvd. National City , CA 91950 David Espiritu (619) 336-4491 despiritu@nationalcityca.gov Specifications • 4 H.P. (8 H.P. Peak) AC Motor • 0.5-14 MPH • 0%-15% Elevation • 20" x 60" Running Surface • 28 Workout Programs Including 6 Zone Training Programs • iPod Compatibility on Optional Attachable TV • Integrated iPod/TV Controls • Heart Rate Monitoring: Life Pulse."' Hand Sensors and Polar8 Telemetry • DX3 Deck Belt System • 83"L x 37"W x 62.25"H • 120V Dedicated 20AMP NEMA5-20R Receptacle E>ERCISE_ EOUIFMF,NT CYJANCzDExt RCISE.COAI Design I Selection J Experience Date: October 30, 2015 Quote Expires: 45 day(s) Proposal # 010682-R3 Unit Price Qty Total Ext 5,443.00 2 $10,886.00 CLSR-DOMXX Life Fitness Integrity Series Classic Recumbent Lifecycle Bike • 25 Resistance Levels • 26 Workout Programs • Amber LED Display • iPod Compatibility on Optional Attachable TV • Integrated iPodT V Controls • Heart Rate Monitoring: Life PuIseTM Hand Sensors and Polar® Telemetry • Recumbent Seat with Built-in Grooves • Self Powered with Optional Power Cord 2,358.30 1 $2,358.30 CLPM-ALLXX Life Fitness Integrity Series PowerMill • Sure Step SystemTM AC Motor • Broad Speed Range from 12-185 SPM • Largest Step Surface in the industry • MaxBIoxTM Pinch Protectors • 28 Workout Programs Including 6 Zone Training Programs • iPod Compatibility on Optional Attachable TV • Integrated iPod/TV Controls • Heart Rate Monitoring: Life PulseTM Hand Sensors and Polare Telemetry • 57"L x 32.8"W x 82"H • 9' Ceiling Height will accommodate 95% of Users • 115V 15AMP Receptacle 6,156.50 1 $6,156.50 Page I 1 of 17 861SouthParkOnve*100 j littleton,(080120 800.52O.1112 I advancedexercise.corn Proposal # 010682-R3 95FI-DOMXX Life Fitness 95F Discover SI FlexStrider (Arctic Silver) • Integrated 10 in. Swipe" Technology 8,049.30 1 $8,049.30 Noe Touch Screen • Apple & Android Compatibility with iPAD Charging and Holder • Exclusive Lifescape Interactive Courses • Internet Browsing • Bluetooth Compatibility • Asset Management and Customization via LFConnect • Life PulseTM Hand Sensors and Polar Telemetry Heart Rate • Variable on the Fly Stride Length • Stride Length up to 36" • 115V 15AMP Receptacle 1993-US Concept 2 Model D Indoor Rower with PM4 (Light Gray) • Color Gray • Model D with Upgrade PM4 Monitor • The PM4 includes a rechargeable 2D cell battery pack • Optional AC adapter • ANT Wireless Heart Monitoring • PM4 includes a Garmin chest belt • Low Profile 14" (35.6 cm) seat height • Spiral damper allows you to easily adjust the airflow to the flywheel • Adjustable footrests and ergonomic handle • 96" L x 24" W x 14" seat Height • Max user weight 500 lbs. Unit weight 57 lbs. 1,050.00 1 $1,050.00 VMX Marpo Multi -Mode Rope Trainer Kinetics 3,900.00 1 $3,900.00 ASSAULT AIRBIKE LifeCORE Air Bike • Total Body movement • Sturdy steel frame • Forged Cro-Moly Cranks • Sealed Bearings at all pivot points • Steel knurled foot pegs • Pop pin adjustment knobs • Seat adjustments for height, fore & aft • Monitor with 8 workout options • Polar Heart Rate compatible • Dimensions: 50.9"Lx23.3"Wx48.4"H • Assembled Weight 98 lbs. 899.00 1 $899.00 INTEGRITY- Life Fitness Integrity Series Titanium Base Frame Color TITANIUM 0.00 4 $0.00 Brand Unit Price Qty otal Ext W-PVS 15-LF Waio Broadcastvision 15" LED attachable PVS (Gray/Black Bezel trim) • For use with integrated cardio control consoles • Compatible with LF Integrity, Inspire and Discover Si • Compatible with Precor, Star Trac, Matrix & Free Motion • ATSCINTSC Tuner • Full HD Resolution • 2 year warranty 650.00 5 $3,250.00 Page 12of17 861 SouthPatk UriYP a100 's l ittleton, CO 80128 800 520.1112 ati at=,tedexettite_tom Proposal # 010682-R3 DISCOVER -TV- Life Fitness Discover Series TV Bracket BRCKT-02 (New Charcoal Gray) AK71-00064- 0001 • TV Bracket for Discover SI Consoles • Arctic Silver Frames • Titanium Storm • Diamond White • Black Onyx 111.20 1 $111.20 Life Fitness 93T, 95Ti, 97Ti, Classic & Integrity Treadmill TV Bracket 111.20 2 $222.40 AK71-00027- 0000 Life Fitness Recumbent Lifecycle Bike, 93S, 95Si Stepper and Classic Recumbent TV Bracket 111.20 1 $111.20 AK71-000071- Life Fitness 0000 Integrity Series PowerMill TV Bracket DISCOVER -TV- Life Fitness BRCKT-02 Discover Series TV Bracket (New Charcoal Gray) • TV Bracket for Discover SI Consoles • Arctic Silver Frames • Titanium Storm • Diamond White • Black Onyx 111.20 1 $111.20 111.20 1 $111.20 HDLPR Brand Description Hammer Strength HD Elite Power Rack til Specifications • Use as Stand Alone or Combo Rack • Requires Plate Storage Option • Anvil Bracing and Spider Gusset for rigidity • Hammer Lock bolting machanism • Spotters Arms Included • Standard Chin Up Bar • Bar, Band and Chain Storage • 3" x 3" 7 Gauge Steel Tubing • Laser Cut numbers on uprights • Weight: 5571bs. Rack Only • 10 Year Frame Warranty • Made in the USA with American Steel Unit Price Qty Total Ext 1,719.20 2 $3,438.40 HDLSTOR-SA- 6202 Hammer Strength HD Elite Bumper Plate & Tray Storage (Stand Alone) Front Load • For use with Stand HD Elite Alone Racks • Includes 5 Standard Storage Pegs & Front Load Bumper Plate & Tray Storage • 327 lbs. • Made in the USA with American Steel 983.20 2 $1,966.40 HDLPR-6102 Hammer 9 Height Option (Power Rack) Strength 109.00 2 $218.00 Page l3of17 861 SouthPark Drive 0100 I Iittleton,(080120 'I S00.520.1112 I advancedexercise.com Proposal # 010682-R3 HDLDL Hammer Dock n Lock Strength • Optional attachment locks in HDLADJ/HDLADJXL • Aligns and locks bench in the rack • 9 forward and rearward positions • For use with PR, MR, HRL, HRS & HDHR 87.20 2 $174.40 Noe HDL4BS Hammer 4 Bar Storage Strength • Optional 4 Bar Storage • Store up 4 additional olympic bars • For use with PR, MR, HRL and HRS 167.20 2 $334.40 HDLNPU Hammer Neutral Pull -Up Strength • Optional Neutral 1.25" knurled grip Pull Up Bar • Neutral grips at 24" and 28" apart • Use with PR, MR, HRL, HRS, CRDAP or DAP 407.80 2 $815.60 HDLPR-6002 Hammer Side Pull -Up Option (Power Strength Rack w/Standard Base) • For use with Power Rack Standard Base only • Must be ordered with Rack order • Made in the USA with American Steel 239.20 2 $478.40 HDLDIP-PRMR Hammer Dip Handle (Power Rack/Multi • Optional Dip Bar • Ergonomic handle fits wide range of users • Textured black powder coated paint • • For use with PR and MR only Strength Rack) 247.20 1 $247.20 HDLPP Hammer Power Pivot Strength • Optional Power Pivot • Locking Mechanism for safety • For use with PR, MR, HRL and HRS 207.20 1 $207.20 HDLADJ Hammer HD Elite Adjustable Bench Strength • HD Elite Adjustable Bench • Back pad adjusts to 0, 15, 30, 45, 60 and 75 degrees • Seat pad adjusts from 0-30 degrees • Locks into rack with Dock N Lock option • Wheels for easy adjustments and transport • Dimensions: 50"L x 17.75"W x 18"H • Weight: 135 lbs. • Made in the USA with American Steel 775.20 2 $1,550.40 Page 14 of 17 861 SouttYati Drive 0100 ( 1rttleton,COB0120 1 60O.520.1112 1 advancedeterctse.cortr Proposal # 010682-R3 HS-PD Hammer Hammer Select Lat Puildown Strength • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Thigh pads easily adjust to provide stability and comfort • Straight -bar w/ angled ends ensures correct arm and wrist position throughout motion • Machine Weight: 5451b. • Weight Stack: 2951b. • Dimensions: 54"L x 33"W x 89"H • Made in USA HS-SP 2,024.25 1 $2,024.25 Hammer Hammer Select Shoulder Press • 2" x 4" and 2" x 3" 11 gauge steel 2,399.25 1 $2,399.25 Strength tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Choice of grips includes a neutral position for individual preference and anatomical limitations • Seat position provides range of motion adjustment • Machine Weight: 5201b. • Weight Stack: 2001b. • Dimensions: 60"L x 56"W x 64"H • Made in USA HS-PEC Hammer Hammer Select Pectoral Fly Strength HS-RW • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Machine arms pivot to accommodate different size users • Built-in foot bar enhances user stabilization • 5 position adj. start mechanism for individual range of motion • Machine Weight 5801b. • Weight Stack: 2951b. • Dimensions: 49"L x 56' W x 71 "H • Made in USA 2,474.25 1 $2,474.25 Hammer Hammer Select Row Strength • 2" x 4" and 2" x 3" 11 gauge steei tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Overhead pivot creates natural arc of motion • Multiple hand positions provide variety of exercises • Machine Weight: 5901b. • Weight Stack: 2951b. • Dimensions: 52"L x 34"W x 71"H • Made in USA 2,474.25 1 $2,474.25 Page5 of 17 861SouthPatkDrire*100 iittleton,(080120 1800.520.1112 adranreLir e ..om Proposal # 010682 R3 HS-CP Hammer Hammer Select Chest Press Strength • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Built-in foot bar enhances user stabilization • Machine Weight: 560 Ibs • Weight Stack: 295 Ibs • Dimensions: 41"L x 57"W x 64"H 2,474.25 1 $2,474.25 HS-SLC Hammer Strength Hammer Select Seated Leg Curl • 2"x4"and 2"x3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Back pad adjusts from seated position for correct alignment • Adj. thigh pad with handles for stabilization • Machine Weight: 5151b. • Weight Stack: 2951b. • Dimensions: 55"L x 34"W x 55"H • Made in USA 2,699.25 1 $2,699.25 HS-LE Hammer Hammer Select Leg Extension Strength • 2"x4"and2"x3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Adjustments are accessible from seated position • Machine Weight: 5701b. • Weight Stack: 2951b. • Dimensions: 47"L x 41'W x 64"H • Made in USA 2,549.25 1 $2,549.25 HS-SLP Hammer Hammer Select Seated Leg Strength Press • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • Maintenance -free, chrome steel rails offer smooth motion • user positioning and pressing angles are biomechanically optimized • Machine Weight: 810Ib. • Weight Stack: 390Ib. • Dimensions: 79"L x 40"W x 71"H • Made in USA 4,199.25 1 $4,199.25 HS-BC Hammer Hammer Select Biceps Curl Strength • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Integrated 51b. and 101b. Incremental Weight System • Arm pad is angled for stability • Pivot is positioned for ideal alignment • Angled hand grips reduce wrist strain • Machine Weight: 4501b. • Weight Stack: 2001b. • Dimensions: 45"L x 41"W x 55"H • Made in USA 2,249.25 1 $2,249.25 Page 16 of 17 S61SouthParkDrive f100 1 tittletan.(0E0120 1 fs00_S20.1112 3 advarsredexerrite.com Proposal # 010682-R3 HS-TE Hammer Hammer Select Triceps Strength Extension • 2" x 4" and 2" x 3" 11 gauge steel tubing • Easy -to -adjust spring assisted roller seat adjustment • Start Position is adjusted in five 10- degree incrementsRatchet Seat System • Rear Weight Stack Shroud • Angled seat and arm pads for stability • Handle pivots automatically to accommodate varying forearm lengths • Machine Weight: 4701b. • Weight Stack: 2001b. • Dimensions: 45"L x 44"W x 55"H • Made in USA 2,249.25 1 $2,249.25 HS-BE Hammer Strength Hammer Select Back Extension • 2" x 4" and 2" x 3" 11 gauge steel tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • 5 position adj. start mechanism caters to individual range of motion • 2 non -slip foot positions • Lumbar pad helps users find correct position • Machine Weight: 5601b. • Weight Stack: 2951b. • Dimensions: 46"L x 40"W x 55"H • Made in USA 2,549.25 1 $2,549.25 HS-ABC Hammer Hammer Select Abdominal • 2" x 4" and 2" x 3" 11 gauge steel 2,549.75 1 $2,549.75 Strength Crunch tubing • Start Position is adjusted in five 10- degree increments • Ratchet Seat System • Rear Weight Stack Shroud • AbCam System replicates natural abdominal crunch movement • Counterbalanced workarm provides low start resistance • Two foot pegs ensure comfort with no adjustments • Machine Weight: 4001b. • Weight Stack: 2001b. • Dimensions: 62"L x 35"W x 56"H • Made in USA CMDAP Life Fitness Signature Series Cable Motion Dual Adjustable Pulley • Oval frame 11-gauge tubing with powder coat finish • 1" solid steel weight plates • Rear weight stack shrouds • 22 adjustment positions per column • 1:4 resistance ratio • 3 position pull up station • Accessory kit & storage included • Machine Weight: 12651b. • Weight Stack: 2 x 3901b. • Dimensions with pull-up handles: 44"L x 62"W x 95"H • Made in USA 4,159.20 1 $4,159.20 Page I 7 of 17 861SouthParkDrive p100 I tittleton,(080120 j 800.520.1112 i advancedexercise.com Proposal # 010682-R3 FWMAB Hammer Multi -Adjustable Bench Strength • Adjusts in 8 different positions from 0- 80 degrees • Seat automatically adjusts with back pad adjustment • 11-gauge steel frame with powder coat finish • Wheels with transportation handle • Made in USA • Machine Weight: 115 Ib. • Dimensions: 55"L x 26" W x 17" H 739.15 2 $1,478.30'440 FWDR2 Hammer Dumbbell Rack -Double Tier Strength 4tzr • Angled trays with saddle for each dumbbell • Pinch free design • Holds 10 pair of round head dumbbells • 11-gauge steel frame with powder coat finish • Made in USA • Machine Weight: 155 Ib. • Dimensions: 90"L x 24" W x 32" H 645.15 2 $1,290.30 FWDB Hammer Decline Bench Strength • Fixed 15-degree decline lumbar pad angle • Roller pads for increased comfort • 11-gauge steel frame with powder coat finish • Made in USA • Machine Weight: 100 Ib. • Dimensions: 63"L x 24" W x 34" H 492.15 1 $492.15 OSDBV Life Fitness Optima Series Vertical Dumbbell Rack • Oval frame 11 gauge tubing with powder coat finish • Holds 6 pairs 51b. to 301b. dumbbell sizes • Machine Weight: 671b. • Dimensions: 20"L x 20"W x 45"H 335.20 1 $335.20 BWBE Hammer BW Back Extension Strength • Lift and lock adjustable thigh pad • 7 user adjustment positions • Polyethylene spray -coated foot platform • 11-gauge steel frame with powder coat finish • Made in USA • Machine Weight: 135 Ib. • Dimensions: 59"L x 28°W x 43°H 696.15 1 $696.15 Pagel 8 of 17 S615outhhrkA100 IItileton,10EOM 600520.1112 1 advancedezercise.com Proposal # 010682-R3 Model TSD-05-100R- SET Brand Description Troy Barbell 12-Sided Rubber Encased Dumbbells 5-100lb. Set Specifications Unit Price Qty Total'Ext 4,265.00 1 $4,265.00 TSD-003R Troy Barbell 12-Sided Rubber Encased Dumbbells 31b. (each) 6.50 2 $13.00 TSD-012R Troy Barbell 12-Sided Rubber Encased Dumbbells 121b. (each) 24.50 2 $49.00 TSD-01 OR Troy Barbell 12-Sided Rubber Encased Dumbbells 10Ib. (each) 20.30 2 $40.60 TSD-008R Troy Barbell 12-Sided Rubber Encased Dumbbells 81b. (each) 16.25 2 $32.50 Page9 of 17 861SouthParkDnve0100 i.ttieton,C080120 j 800.520.1112 j adsancPdexerc,se.com Proposal # 010682-R3 TSD-005R Troy Barbell 12-Sided Rubber Encased Dumbbells 51b. (each) 13.20 2 $26.40 1,4110 KB-010 Troy Barbell Cast Iron Kettlebell 101b. KB-015 Troy Barbell Cast Iron Kettlebell 151b. KB-020 Troy Barbell Cast Iron Kettlebell 20Ib. KB-030 Troy Barbell Cast Iron Kettlebell 301b. KB-040 Troy Barbell Cast Iron Kettlebell 401b. • Black • Black • Black • Black • Black 14.15 1 $14.15 21.20 28.30 42.50 56.60 1 1 1 1 $21.20 $28.30 $42.50 $56.60 Page 1 10 of 17 861 South l'ark:Drive $100 I littleton,C0S01I0 1600.520.1112 1 adyancfdezescise.rom Proposal # 010682-R3 KB-050 Troy Barbell Cast Iron Kettlebell 501b. • Black 71.00 1 $71.00 GOB-1200 Troy Barbell 7ft. Hard Chrome Olympic Power Bar • Hard Chrome • 1200# Test Capacity • 32MM Diameter • Snap Ring Sleeve Design GSOZ-47 Troy Barbell Olympic Economy EZ Super Curl Bar 168.00 2 $336.00 52.00 1 $52.00 AOMC Troy Barbell 2in. Muscle Clamp Collar (pair) 37.00 3 $111.00 VO-010SBP Troy Barbell VTX Olympic Solid Rubber 23.00 2 $46.00 Bumper Plate 101b. VO-015SBP Troy Barbell VTX Olympic Solid Rubber Bumper Plate 151b. 28.00 2 $56.00 Page 111 of 17 8615outhParkDMA c1OJ tittleton,(080120 j 800-510.1112 1 ad,arcedexertnf.tom Proposal # 010682=R3 VO-025SBP Troy Barbell VTX Olympic Solid Rubber Bumper Plate 251b. 36.00 2 $72.00 VO-035SBP Troy Barbell VTX Olympic Solid Rubber Bumper Plate 351b. VO-045SBP Troy Barbell VTX Olympic Solid Rubber Bumper Plate 451b. 50.00 2 $100.00 64.00 2 $128.00 GO-005R GO-025R GO-035R Troy Barbell Rubber Encased Olympic Plate 51b. Troy Barbell Rubber Encased Olympic Grip Plate 251b. Troy Barbell Rubber Encased Olympic Grip Plate 351b. 9.25 2 $18.50 46.15 2 $92.30 64.60 2 $129.20 Page 112 of 17 661SouthParkDm*0100 111t1(etuu.0050120 f 80090.1112 aL1'iarolirXPCCKe.CC1R5 Proposal # 010682-R3 GO-045R Troy Barbell Rubber Encased Olympic Grip Plate 451b. GO-010R Troy Barbell Rubber Encased Olympic Plate 10Ib. GO-002R Troy Barbell Rubber Encased Olympic Plate 2.51b. TRAINING TOOLS 'o'e : and 05-58474 Spri escnption Xerball Medicine Ball 81b. (Rosewood) 83.00 2 $166.00 18.45 2 5.00 2 $36.90 $10.00 Specifications Unit Price Qty Total Ext 57.98 1 $57.98 05-58471 Spri Xerball Medicine Ball 10Ib. (Purple) 68.98 1 $68.98 Page 113 of 17 861 SouthPark Drive v100 titfletan, Cd80120 1800.520.1112 j adsancedexer<ssc.com Proposal # 010682-R3 05-58472 Spri Xerball Medicine Ball 121b. (Blue) 80.98 1 $80.98 Ise 05-58667 Spri Xerball Medicine Ball 151b. (Teal) f��rx 87.98 1 $87.98 05-58672 Spri Xerball Medicine Ball 181b. (Green) 95.98 1 $95.98 05-59215 Spri Xerball Medicine Ball 20Ib. (Dark Green) 102.98 1 $102.98 MED-RACK6 Spri 6-Ball Xerball Rack 200.98 1 $200.98 92555 Power Adjustable Wall Rack for Mats 29.95 1 $29.95 Systems 83611 Power Systems Hanging Club Mat - 56 in. (L) x 24 in. (W) x 318 in. (Thick) - Midnight Blue 34.95 4 $139.80 07-70442 Spri Elite Xercise Ball - 65cm - Black 53.98 2 $107.96 Page 114 of 17 8615outhParkDrirer100 ( tittieton,C080120 j 800.520.1112 adeancedexernse.com Proposal # 010682-R3 SXBE75S Now SXBE65R Spri Spri 75cm Elite Xercise Ball - Silver 65cm Elite Xercise Ball - Red RFBP Spri E-Z Air Pump 57.98 53.98 12.98 1 $57.98 2 $107.96 1 $12.98 07-71120 Spri Covered Training Rope -1.5 x • Nylon Training Rope 35 • Covered Sleeve for Durability 229.98 1 $229.98 MH0331G Balazs Boxing Retractable H2S Heavy Bag Wall Mount 699.00 1 $699.00 HB150BLACK Balazs Professional Heavy Bag 15o1b. Black 324.00 1 $324.00 SPORTS FLOORING Model Brand Description Spe ications Unit Price Qty Total E CSTM-CABLE- CURB 28 Custom Cable Curb 1,976.00 1 $1,976.00 ECORE ATHLETIC RALLY ECORE Rolled Rubber Rally 14.5mm x4ft. Rolls, Color TBD 5.20 1,9 $9,880.00 00 ECORE ADHESIVE Egrip 3 Adhesive, 4 Gal Pail 205.00 4 $820.00 TRD-000067 ECORE All Purpose Cleaner (E- Cleaner) 25.00 1 $25.00 Pagel 15 of 17 861SouthParkDrired100 Iittleton,(080120 800.520.1112 ( adrar.redeaerr+s€.cam Proposal # 010682,R3 Comments: Subtotal: $107,110.12 Preventative Maintenance cost per visit 626.46 Please let me know how many years you would like to include in proposal. NJPA pricing has been used for this quote. See attachments. Delivery and Install: 9,760.00 Freight: 5,112.00 Tax: 8,568.81 Total: $130,550.93 Page116of17 F.61 Soat' Nti. Drive alOG= i ttktnrt G EO12G f EGO i2O 1112 I adoocedexerti5e (1)m Equipment Legend 1-Treadmill 2- Upright Bike 3-Powermill 4-Flex Strider 5-Marpo Rope Trainer 6-Rower 7-Recumbent Bike 8-Airbike Bike 9-Power Rack 10-Power Rack 11-Back ext. 12-Lat Pull Down 13-Shoulder Press 14-Pec/Fly 15-Seated Row 16-Seated Chest Press 17-Seated leg Curl 18-Leg Ext. 19-Seated Leg Press 20-Multi-Adj. Bench 21-Dumbbell Rack 22-Ab/Decline Bench 23-Back Extension 24- Ab Machine 25-Tri-cep 26-Vertical DB Rack 27-Medicine Ball Rack 28-Mat Rack 29-Dual Adj. Pulley 30-Bi-Cep 31-Heavy Bag (Wall Mounted) advanced EXERCISE EOUI =MENT ADVANCEDEXERCISE.COM National City Police ( Commercial Consultanttlario Rodriguez I Phone: 858.205.5800 I Date: 10/22/2015 I Scale: Drawing Scale I Version: V1.01-1 Proposal # 010682-R3 Terms & Conditions Terms: 50% down, balance due on delivery or Net 10 with an approved purchase order. Invoice will be due and payable, based on the original installation date. We accept cash, checks, money orders, and wire transfers of funds. Special Orders: A 100% prepayment is required for all customized products including but not limited to custom colors, PLAE Sports Flooring and products with logos such as plates, dumbbells and platforms. Return Policy: A 25% restocking fee, plus freight, will be incurred for all non -custom products returned. Customized products are nonreturnable. A minimum restocking fee of 25%, plus freight, will be incurred for all non -customized products returned. Bolt Down Requirements: Life Fitness recommends that all strength training equipment be secured to the floor in order to prevent Upping, rocking or displacement which might occur in the event of unanticipated use of the equipment. Life Fitness requires that certain strength training equipment (specifically the Synrgy 360S, T, XS, XM, the HD Elite Half Rack/Short Base unit and other products to be used for body weight strap training) be secured to the floor. In the case of Synrgy 360S, T, XS, XM and the Elite HD Half Rack Short Base, the customer acknowledges: • Customer has determined the proper placement of the equipment to be secured. Customer Initial • Customer has identified and informed AEE of the location of any utility, service lines, including but not limited to post tension cables. It is the customer's responsibility to identify the locations of any cables or lines prior to installation. Customer Initial • Customer has confirmed that the subfloor consists of no less than 2.5 inches of concrete. Customer Initial • Customer has obtained any and all consents to the drilling of holes in the flooring and subflooring. Customer Initial If your order includes any of the equipment requiring bolting to the floor, initials are required above and an additional signed waiver will be required to place the order. Additional products may require bolting to the floor, wall or ceiling. Bolting is not included on these products unless otherwise noted on the quotation. Customer is responsible for bolting these products to meet the manufacturer's requirements. This includes TRX, Core Energy, Boxing mounts and other products that require bolting to the facility structure. Flooring Installation: Refer to the product specifications to ensure that the sub floor meets the material installation requirements. Freight offloading, inside delivery, adhesive, moisture tests, moisture reducers, base boards, sub floor prep, sub floor cleaning, transition strips and existing floor removal and disposal are not included unless otherwise noted on the quotation. Storage: We reserve the right to assess storage fees not to exceed 1.5% per month, or fraction thereof and request payment in full on the related customer's invoice, when a customers original delivery date is delayed by circumstances beyond our control. Taxes: We collect sales or use taxes only in jurisdictions where we are licensed to do so. Customer agrees to accept sole liability and responsibility to pay for any and all uncollected sales or use tax liabilities, related penalties and interest that arise as a result of the purchase of products and/or services from our company. Security: Until all products are paid in full, customer hereby grants to, and AEE shall retain, a security interest in and lien on, all products sold to the customer. 1 accept the terms and conditions of this quote. Signature: Name: David Espiritu Date: Page 117 of 17 861SouthParkDrive ;1Q4 tittletori.CO80120 j 1OQ52l.1f12 I a dvancedexercise.tom RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING WAIVING THE BID PROCESS BY UTILIZING NATIONAL JOINT POWERS ALLIANCE CONTRACT 032623-LFF (COOPERATIVE PURCHASING), AS AUTHORIZED BY NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ADVANCED EXERCISE EQUIPMENT FOR THE PURCHASE AND INSTALLATION OF COMMERCIAL -GRADE FITNESS EQUIPMENT FOR THE POLICE DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $130,550.93 WHEREAS, in 2014, the Police Department created a Peer Support Team/Wellness Unit that is based on a "Triad of Care" consisting of emotional support, spiritual support, and physical fitness; and WHEREAS, the emotional support component has been addressed with the creation of a thirteen member Peer Support Team; and WHEREAS, the spiritual component has been addressed with the appointment of a volunteer Police Chaplain; and WHEREAS, to address the physical fitness element of the Wellness Unit, the Police Department desires to purchase and have installed commercial -grade exercise equipment in the existing gym facility at the Police Department because the current equipment is outdated, broken, and does not meet the current needs of our officers/employees; and WHEREAS, the City of National City will get the best price for the exercise equipment through a cooperative purchase utilizing National Joint Powers Alliance ("NJPA") Contract No. 021512.LLF; and WHEREAS, the City desires to enter into an Agreement with Advanced Exercise Equipment to purchase the exercise equipment and flooring for the not to exceed amount of $130,550.93, which includes delivery, installation, freight, and tax; and WHEREAS, Section 2.60.260 of the National City Municipal Code ("NCMC") provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the National Joint Powers Alliance's procurement procedures are in substantial compliance with the City's procurement procedures, and pursuant to Section 2.60.260 of the NCMC, authorizes the cooperative purchase of commercial -grade fitness equipment and flooring for the Police Department by utilizing National Joint Powers Alliance Contract No. 021512.LLF. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Advanced Exercise Equipment for the purchase and installation of commercial -grade fitness equipment and flooring for the not to exceed amount of $130,550.93. [Signature Page to Follow] Resolution No. 2016- Page Two PASSED and ADOPTED this 19th day of January, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney VAV"' "ul///// IOA[' ,HATF.l1 A11 �V ,i�i11111�\\�\\\ CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk ADVANCED EXERCISE EQUIPMENT Police Department Fitness Equipment Bridget Gregory (Police) Forwarded Copy of Agreement to Advanced Exercise Equipment