Contract - Marathon Fitness - 9/14/2017 CITY OF ROUND ROCK AGREEMENT
FOR RENTAL/PURCHASE OPTION FOR FITNESS EQUIPMENT
FROM TEAM MARATHON FITNESS,.INC dha MARATHON FITNESS
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This Agreement is for rental/purchase option for fitness equipment for City of Round
Rock Parks and Recreation Department's Clay Madsen Recreation Center, and for related goods
and services Including delivery, installation, removal of and credit for existing equipment,
maintenance and warranty coverage, and is referred to herein as the "Agreement." This
Agreement is made and entered into on this the day of the month of September, 2017, by
and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices
are located at 221 East .Main Street, Round Rock., Texas 78664, referred to herein as the "City,"
and TEAM MARATHON FITNESS, INC. dba MARATHON FITNESS, whose offices are
located at Post Office Box 17705, Sugar Land, Texas 77496, referred to herein as "Marathon" or
the "Vendor." This Agreement supersedes and replaces any previous agreement between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to rent and have a purchase option for fitness equipment for
Clay Madsen Recreation Center, and to purchase associated services including but not limited to
delivery, installation, removal of and credit for existing equipment, maintenance and warranty
coverage, and City desires to obtain same from Vendor; and
WHEREAS, City has issued its "Invitation for Bids" (IFB) for the provision of said
goods and services, and City has selected the Bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations,
NOW,THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties
mutually agree as follows:
003848271ss2
1.01 DEFINITIOz'V'S
A. Agreement means the binding legal contract between City and Vendor whereby,
City is obligated to obtain specified goods and Vendor is obligated to provide specified goods.
The A4�reei11ei1t includes the following: (a) City's Invitation for Bid designated as 1FI3 17-022,
Class/Item 805-05/805-57 dated .lune 2017; (b) Vender's Response to IFB dated July 12, 201.7;
(c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference in
the following order:
1. "I'his Agreement, and all exhibits attached thereto;
2. Purchaser's Response to IFB;
3. City's Request for Proposals, addenda, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective .Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Equipment means the description of goods per"Attachment A: Bid Sheet" of the
IFB. Upon installation of Equipment, Vendor shall give notice to City of all serial numbers
registered by Vendor with rnanU.facturer(s).
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. "Total Loss means any loss or damage that is not repairable or that would cost
more to repair than the .market value of the Equipment at the time of loss.
G. Vendor means "I'eanl Marathon Fitness, Inc. dba 1%4arathon Fitness, or any
successors or assigns.
2.01 EFFECTIVE DATE; INITIAL TERM; ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The initial rental term of this Agreement is for three (3) years from the effective
date hereof.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not lim.ited to equipment rental, demurrage, costs associated with obtaining permits. o€- any other
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extraneous charges.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this .Agreement with or without cause or may elect to continue, subject to termination
provisions in Section 22.01 of this Agreement.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
A. City selected Vendor as the integrator of choice to supply the goods and services
as outlined in IFB 17-022, Class/ltern 805-05/805-57 dated June 2017; and Response to IFB
submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for
all purposes. The intent of these documents is to formulate an Agreement listing the
responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to
the IFB.
B. The goods and services which are the subject matter of this Agreement are
described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and
they are frilly a part of this Agreement as if repeated herein in full.
4.0.1 ITEMS AWARDED
A. All items in "Attachrnent A: Bid Sheet"of Exhibit"A"are awarded to Vendor.
5.01. COSTS
A. The City shall be authorized to pay Vendor an amount not-to-exceed a total of
$135,792.04 for the term of this Agreement.
L The "Down Payment" amount of Freight, Installation, Preventative Maintenance
(3 years/quarterly visits); three (3) years Parts and three (3) years Labor Warranty is
$30,800.00 leaving a remaining balance of$116,492.04.
2. The "Equipment Total" shall be $116,492.04 less the trade in equipment amount
of$11,500.00 for a total of$104,992.04.
3. Upon payment in frill, City shall have the option to purchase the equipment
Subject to this Agreement and described in Exhibit"A" for the amount of 51..00.
6.01 INVOICES
A. All invoices shall include, at a minimum, the following information:
1. Name and address of Vendor;
2. Purchase Order Number;
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3. Description and quantity of items received; and
4. Delivery dates.
7.01 DELIVERY OF EQUIPMENT
A. Vendor shall timely deliver, at Vendor's own expense and risk, the Equipment to
its designated location(s) within the City of RoLmd Rock,Texas.
8.01 USE OF EQUIPMENT
A. City shall use the Equipment in a commercially reasonable manner, and shall
comply, with all manufacturer's requirements furnished to City by Vendor and/or
manufacturers) regarding the Equiprn.ent, and City shall comply with any applicable law
(whether local, state or federal) regarding Use of the Equipment inclLiding but not limited to
environmental and copyright law.
B. City shall use the Equipment for the pLirpose for which said Equipment was
designed. and not for any other pLirpose.
C. Unless City obtains the prior written consent of Vendor, City shall not alter,
modify or attach anything to the Equipment, unless such alteration, modification or attachment is
easily removable without damaging the functional capabilities or economic value of the
Equipment.
9.01 INTERLOCAL COOPERA- TIVE CONTRACTING/ PURCHASING
A. ALithority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791., Interlocal Cooperation Contracts,
Subchapter B and Su.behapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
B. Other governmental entities within the State of Texas may be extended the
opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of
the successful vendor(s) and Round Rock.. SLich agreement shall be Conclusively interred for the
vendor from lack of exception to this claLise in the vendor's response. However, all parties
hereby expressly agree that the City of Round Rock is not an agent of, partner to, or
representative of those oLitside agencies or entities and that the City of Round Rock is not
obligated or liable for any action or debts that may arise out of sLICII independently-negotiated
"pigaybacl."procurements.
10.01 NON-APPROPRIATION AND FISCAL FUNDING
A. This Agreement is a corrimitment of City's current revenues only. It is understood
and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal
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year if the governing body of City does not appropriate fiends sufficient to purchase the services
as determined by City's budget for the fiscal year in question. City may effect such termination
by giving Vendor a written notice of termination at the end of its then-current fiscal year.
11.01 PROMPT PAYMENT POLICY
B. Prompt Payment Act. In accordance with Chapter 2251, V.T.C.A., Texas
Government Code, any payment to be made by City to Vendor well be made within thirty (30)
days of the date City receives goods under this Agreement, the date the performance of the
services under this Agreement are completed, or the date City I-eceives a correct invoice for the
goods or services, whichever is later. Vendor may charge interest on an overdue payment at.the
"rate in effect' on September I of the fiscal year in which the payment becomes overdue, in
accordance with V.T.C.A., Texas Government Code; Section 2251.025(b). This Prompt
Payment Policy does not apply to payments made by City in the event:
1. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about thegoods delivered or the service performed that
cause the payment to be late; or
2. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; oi-
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
12.01 GRATUITIES AND BRIBES
A. City may, by written notice to Vendor, cancel this Agreement without liability to
Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered orgiven by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in "title 8 of the Texas Penal Code.
13.01 TAXES
A. City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not
be included in.Vendor's charges.
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1. 1.01 INSURANCE
Vendor shall. meet all requirements as stated in the attached Invitation for Bid 11713 17-022
(including all attachments and exhibits) and Vendor's bid response; as set forth at
1_it_tp://www.roLindrocktexas.{1ov/wp-co1itti1t/uploads/2014/12/core• insurance 07 OO L pdf
15.01 REPAIR OBLIGATIONS; WARRANTY
A. Repair Obligations. Vendor- shall, at Vendor's sole expense during any
warranty period, keep the rental equipment in good repair according to manufacturer's warranty
terms, normal wear and tear excepted. Vendor shall supply all parts that are necessary to keep
the rental equipment in good working order. The following are not considered to be "normal
wear and tear": abuse or misuse of equipment outside of the manUfacturer's original design
intent: neglect, such as failing to properly clean sweat from frames which then results III i'ustirrg
of metal surfaces.
B. Vendor shall respond to City for any and all repairs within 24-72 hours from
email service r•egUest/work request from City. Such response shall be from a PRECOR-approved
warranty service provider, and shall be onsite service responsive to warranty request, and shall
be delivered within a strict 24-72 hour timeframe from notification by City. City shall submit all
requests for warranty work in writing via email to both OF the following:
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s• �, C. All work shall be satisfactorily completed} by Vendor or Vendor's designee at
Vendor's expense. All repair work will, by terms of this Agreement, be provided at no
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additional cost to City. The patties expressly agree that this is to include ALL related repair
costs including but not limited to travel, lodging, meals, and the like.
D. Warranty. Vendor warrants and guarantees that all rental equipment will be in
new working order and new condition upon delivery. The rental equipment is warranted as
being of merchantable quality and is further warranted as being fit for Use For the following
purpose: use in a public fitness area.
16.01 LOSS DAMAGE
A. To the extent permitted by law, after delivery of the Equipment to the City, City
shall be responsible for risk of loss, theft, damage or destruction to the Equipment from
extraordinary circumstances such as acts of God. The parties expressly acknowledge that
damage from normal use and,or reasonable process is not included within this Section 15.01A.
B. In the event the Equipment is lost or damaged. City shall continue its payment
obligation under this Agreement, shall provide Vendor with prompt written ilotice of sucl-r loss or
damage, and shall, if the Equipment is repairable, put or cause the Equipment to be put into a
state of good repair, appearance, and condition.
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C. In the event of Total Loss of the Equipment, City shall continue its payment
obligation under this .Agreement, shall provide Vendor with prompt written notice of sLlch loss,
and shall replace the Equipment with encLlmbrance-free equipment of the same model, type and
configuration.
17.01 OWNERSHIP; RIGHT TO RENT; QUIET ENJOYMENT
A. Vendor warrants that City shall have the right to rent, without owning, the
Equipment according to the terms of this Agreernent; and if City's purchase option is exercised
according to the terms of this Agreement,then and in that event City shall own such Equipment.
B. Vendor warrants that, so long as no legal default has Occurred of this Agreement,
Vendor shall not disturb City's quiet and peaceful possession of the Equipment, and warrants
City's unrestricted use of the Equipment for the purposes for which the Equipment was designed.
18.01 SUR.IRENDER OF EQUIPMENT
A. At the end of the term of this Agreement, in the event that City has not exercised
its purchase option in accordance with the terms of this Agreement, then and in that event City
shall make the Equipment available for pick-up, and Vendor shall arrange at its sole cost and
expense, to pick Lip such Equipment.
B. In the event that City fails to make the Equipment available for pick-up, the
parties acknowledge that City shall pay to Vendor any unpaid rent for the term plus the Casualty
Value of the Equipment, which is hereby defined as twenty percent (20%), at which time
ownership of the Equipment shall pass in an unrestricted manner to City.
19.01 INSURANCE
A. Vendor shall meet all requirements as stated in the attached RFP (including
Attachment A entitled "City of Round Rock Insurance Requirements" and all attachments and
exhibits); and its proposal response.
B. City shall provide proof of insurance to Vendor and will abide by all applicable
local, state and federal laws pertaining thereto.
20.01 CITY'S REPRESENTATIVE
A. City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
David Buzzed
Assistant Director, PARD
301 West Bagdad Avenue, Suite 250
Round Rock,TX 78664
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21.01 BIGHT T4 ASSUItk-NCE
A. Whenever either party to this Agreement, in good faith, has reason to question the
other party's intent to perform hereunder, then demand may be made to the other party for
written assurance of the intent to perform. in the event that no written assurance is given within
the reasonable time specified when demand is made, then and in that event the demanding party
may treat such failure as an anticipatory repudiation of this Agreement.
22.01 DEFAULT
A. Either party shall be declared in default of this Agreement if it does any of the
following:
1. Fails to fully. timely and faithfully perform any of its material obligations under
this Agreement, including payment obligations;
2. Fails to provide adequate assurance of performance Linder the "Right to
Assurance" section herein:
y. Becomes insolvent or makes an assirrnment of rights or property for the benefit of
creditors or tiles for bankruptcy, or has bankruptcy proceedings instituted against
it, under the federal bankruptcy laws of the United States or other competent
jurisdictions;
4. A writ of attachment or writ of execution is levied on the Equipment, and same is
not satisfied or released within 10 days.
B. Upon the occurrence of default by City, Vendor shall be entitled to pursue any 011e
or more of the following remedies for default:
I. Declare the entire amount of rent to be immediately due and payable, without
further notice or demand;
2. Commence legal proceedings to recover rent and other legal obligations accrued
before and after the event of default.
C. Upon the occurrence of breach, default or non-solvency by Vendor during the
term of this Agreement, City shall be entitled to notice of such in writing, and City may pursi.ie
any one or more of the following remedies for default:
1. Purchase of balance of rent agreement, and transfer of ownership of Equipi7lent
from Vendor to City.
2. Any remedy available at law or in equity.
23.01. TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon ninety (90) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor-has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, or by mutual agreement to terminate evidenced in
writing by and between the parties.
D. In the event City terminates under subsections A or B of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
24.01. INDEMNIFICATION
A. Vendor shall defend (at the option of City), indemnify, and hold City, its
successors, assigns, officers, employees and elected officials harmless from and against all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any
and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's
obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing
herein shall be deemed to Iii-nit the rights of City or Vendor (including, but not limited to the
right to seek contribution) against any third party who may be liable for an indemnified claim.
25.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local; state and
national boards, bureaus and agencies.
B. Vendor acknowledges and understands that City has adopted a Storm
Water Management Program (SWMP) and an Illicit Discharge Ordinance, Section 14-139
through 14-152 of the City's Code of Ordinances, to manage the duality of the discharges from
its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the
requirements of the Texas Ethics Commission on Environmental Quality (TCEQ) and the Texas
Pollution Discharge Elimination System (TPDES). Vendor agrees to comply with the City's
stormwater control measures, good housekeeping practices and any facility specific stormwater
management operating procedures specific to a certain City facility. in addition, Vendor agrees
to comply with any applicable TCEQ Total Maximum Daily Load (11%,IDL) Requirements and;'or
I-Plan regUirements.
26.01 ASSIGNMENT AND DELEGATION
A. The parties hereby bind themselves, their sLIccessors. assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest In this Agreement WithoLit prior written authorization of the
other party.
B. VENDOR SHALL NOT ASSIGN THIS AGREEMENT. VENDOR'S
INTEREST IN THIS AGREEMENT, OR VENDOR'S INTEREST IN THE EQUIPMENT
COVERED HEREUNDER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF
CITY, AND VENDOR SHALL NOT ASSIGN OR TRANSFER VENDOR'S RIGHT TO
COLLECT RENT OR ANY OTHER FINANCIAI, OBLIGATION OF CITY.
27.01. NOTICES
A. All notices and other commUnications in connection With this Agreement shall be
in Writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement: or
2. Three (3) days after being deposited in the United States mail, With postage
prepaid to the recipient's address as stated in this Agreement.
Notice to 'Vendor:
Marathon Fitness
Attention: Paul Croegaert, Vice President
Post Office Box 17705
Sugar Land,TX 77496
Notice to City:
City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
RoLInd Rock, TX 78664 Round Rock, TX 78664
B. Nothing contained herein shall be construed to restrict the transmission of roLitine
communications between representatives of City and Vendor.
28.01 APPLICABLE LAW; ENFORCEMENT AND 'VENUE,
A. This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
29.01. EXCLUSIVE AGREEMENT
A. ]'his document, and all appended documents, constitutes the entire Agreement
between Vendor and City. This Agreement may only be arnended or supplemented by mutual
agreement of the parties hereto in writing.
30.01 DISPUTE RESOLUTION
A. If a dispute or claim arises under this Agreement, the parties agree to first try to
resolve the dispute or clain.i by appropriate internal means, including referral to each party's
senior management. If the parties cannot reach a mutually satisfactory resolution, then and in
that event any such dispute or claim will be sought to be resolved with the help of a mutually
selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a
mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than
attorney fees, associated with the mediation shall be shared equally by the parties. City and
Vendor hereby expressly agree that no claims or disputes between the parties arising out of or
relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding,
including without limitation, any proceeding under the Federal Arbitration Act. (9 USC Section
1-1 4)or any applicable state arbitration statute.
31.01 SEVERABILITY
A. The invalidity, illegality, or unenforceability of any provision of this Agreement
or the occurrence of any event rendering any portion or provision of this Agreement void shall in
no way affect the validity or enforceability of any other portion or provision of this Agreement.
Any void provision shall be deemed severed from this Agreement, and the balance of this
Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision. The provisions of this section shall not prevent this entire Agreement
frorn being void should a provision which is of the essence of this Agreement be determined
void.
32.01 MISCELLANEOUS PROVISIONS
A. Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
B. Time is of the Essence. Vendor understands and agrees that time is of the essence
and that any failure of Vendor to fulfill obligations For each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be hilly
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City dlie to Vendor's failure to perform in these
clrcUrnstances, City may pursue any remedy available withoLit waiver of any of City's additional
legal rights or remedies.
C. Force Majeure. Neither City nor Vendor shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. l lowever, notice of such impediment or delay to
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
I). Binding Agreement. This Agreement shall extend to and be binding upon and
inure to the benefit of the parties' respective heirs, executors, administrators, successors and
assigns.
E. Multiple Counterparts. This Agreement may be executed in MUltiple
COLinterparts, any one of which shall. be considered an original. of this doCLiment; and all of
which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Team Marathon Fitness, Inc.
dba Marathon Fitness
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By: By:
Printed Nam Printed Name: C./cr, -(
'Title: Title: YDi f 1�
Date Signed: Date Signed: -( "
For City, Attest:
By: _
Sara L. Ntc, City Clerk
For4Stephanpp.rSheets,
ved as to Form:
B
City Attorney
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
101`1
Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-255057
Marathon Fitness(stafford,texas)
Stafford,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/29/2017
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
IFB 17-022 Exercise Equipment
exercise equipment and fitness repairs
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
a
Signature of authorized agent,of ontracting business esti
AFFIX NOTARY STAMP/SEAL ABOVE
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Sworn to and subscribed before me,by the saidi. � VOL- this the day of
20 to certify which,witness my hand and seal of office.
r Rue TRACY S1TTNF-R
------- �_^� Notary Put ' 1
t � 1 0 C Lj ST�1TB C t,..
C» i My Comm.'i�'ac tlA1 4l
Signature of officer administering oath Printed name of fficer ad inisteitr'.. th la#7t#)9041
officer a inisteri g oath
Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.3337
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-255057
Marathon Fitness(stafford,texas)
Stafford,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/29/2017
being filed.
City of Round Rock Date Acknowledged:
09/07/2017
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
IFB 17-022 Exercise Equipment
exercise equipment and fitness repairs
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said this the day of
20 ,to certify which,witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337