Contract - Marathon Fitness - 8/14/2014 CITY OF ROUND ROCK AGREEMENT
FOR RENTAL/PURCHASE OPTION FOR FITNESS EQUIPMENT
FROM TEAM MARATHON FITNESS,INC. dba 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 arid. warranty coverage, and is referred to herein as the "Agreement." This
Agreement is made and entered into on this the , }4�-day of the month of
2014, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule munici ity whose
offices.ar6 located at 221EastMain 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 previously-entered into an Agreement with Vendor on May 12, 2011
by Resolution No. R-11-.OS-12-1211 for the rental/purchase option for equipment for the Clay
Madsen Recreation Center; and
WHEREAS, the original.Agreement was for a term of three (3) years and expired on
May 12, 2014; and
WHEREAS, the parties desire to enter into this new Agreement ("Agreement") to set
forth in writing their respective rights, duties, and obligations;
i
00306762/ss2
R-2014-1676
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:
1.01 DEFINITIONS
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 Agreement includes Marathon Quote #27311 (Exhibit "A") and Marathon Quote #27312
(Exhibit`B").
B. Casualty Value means the market value of the Equipment at the end of the term
or when, in relation to a Total Loss, the market value that the Equipment would have had at the
end of the term, but for the Total Loss. The Casualty Value may be less than, but will not be
more than,the original purchase price of the Equipment.
C. City means the City of Round Rock, Williamson and Travis Counties, Texas.
D. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
E. Equipment means the description of goods per Marathon Quote #27311. Upon
installation of Equipment, Vendor shall give notice to City of all serial numbers registered by
Vendor with manufacturer(s).
F. Goods mean the specified supplies, materials, commodities, or equipment.
G. 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.
H. Vendor means Team Marathon Fitness, Inc. dba Marathon 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 rental term of this Agreement is for thirty-six (36) months from the effective
date hereof.
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C. Prices shall be firm for the duration of this Agreement. No separate line item
charges shall be permitted for invoicing purposes, including but not limited to equipment rental,
demurrage, costs associated with obtaining permits, or any other 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 Exhibit"A" (Marathon Quote#27311) and Exhibit`B" (Marathon Quote#27312),
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.
B. The goods and services which are the subject matter of this Agreement are
described in Exhibit "A" and Exhibit `B" and, together with this Agreement, comprise the total
Agreement and they are fully a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All Equipment rental/purchase items listed in Exhibit "A" (Marathon Quote #27311) are
awarded to Vendor.
5.01 COSTS
A. The following shall be the basis of any charges collected by Vendor. The
amounts listed on the quotes included as Exhibit "A" and Exhibit `B" have been negotiated by
the parties to the following amounts:
1. The"Down Payment' amount for Freight, Installation, Preventive Maintenance (3
years/quarterly visits); three (3) years Parts and three (3) years Labor Warranty is
$29,650.00 due on August 2, 2014 leaving a remaining balance of$110,826.00.
2. The "Equipment Total' shall be $110,826.00 less the trade-in equipment amount
of$6,900.00 for a total of$103,926.00, not including interest charges.
3. The "Monthly Payment' for the remaining $103,926.00, plus interest charges in
the amount of $10,374.00 for a total amount of $114,300.00, shall be in the
amount of$3,175.00 per month for thirty-six (36) months.
4. Upon payment in full of the monthly rental payments and interest charges for a
total amount of$114,300.00, City shall have the option to purchase the equipment
subject to this Agreement and described in Exhibit"A" for the amount of$1.00.
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6.01 INVOICES
A. All invoices shall include, at a minimum,the following information:
1. Name and address of Vendor;
2. Purchase Order Number;
3. Description and quantity of items received; and
4. Delivery dates.
7.01 DELIVERY OF EQUIPMENT
Vendor shall timely deliver, at Vendor's own expense and risk, the Equipment to its
designated location(s) within the City of Round 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 fumished to City by Vendor and/or
manufacturer(s) regarding the Equipment, and City shall comply with any applicable law
(whether local, state or federal) regarding use of the Equipment including but not limited to
environmental and copyright law.
B. City shall use the Equipment for the purpose for which said Equipment was
designed, and not for any other purpose.
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 COOPERATIVE CONTRACTING/PURCHASING
A. Authority 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 Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 27 1.101 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. Such agreement shall be conclusively inferred for the
vendor from lack of exception to this clause 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
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representative of those outside 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 such independently-negotiated
"piggyback"procurements.
10.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment 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 year
if the governing body of City does not appropriate funds 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 PAYMENT; PROMPT PAYMENT POLICY; PURCHASE OPTION
A. Payment. A non-refundable down payment of$29,650.00 is due from City upon
proper execution of this Agreement by both parties. The balance is due from City in 36 monthly
payments in accordance with the schedule delineated herein in Section 5.01 (including applicable
trade-in value of existing equipment of$6,900.00). Upon completion of the payments, City shall
have the option to purchase the equipment for a total of $1.00. Payment shall be made in
accordance with the Texas Prompt Payment Act recited in this Section 11.0113.
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 will 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 receives 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 1 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 the goods 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; or
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.
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12.01 GRATUITIES AND BRIBES
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 or given 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
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
14.01 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 in rusting
of metal surfaces.
B. Vendor shall respond to City for any and all repairs within 24-72 hours from
email service request/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:
(Customercare@marathonfitness.com and tech e,marathonfitness.com).
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
additional cost to City. The parties 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.
15.01 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
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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 notice of such 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.
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 such loss,
and shall replace the Equipment with encumbrance-free equipment of the same model, type and
configuration.
16.01 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 Agreement; 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.
17.01 SURRENDER 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 up 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.
18.01 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.
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19.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
David Buzzell
Parks Development Manager
301 West Bagdad Avenue, Suite 250
Round Rock, TX 78664
20.01 RIGHT TO ASSURANCE
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.
21.01 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 under the "Right to
Assurance" section herein;
3. Becomes insolvent or makes an assignment of rights or property for the benefit of
creditors or files 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 ten (10) days.
B. Upon the occurrence of default by City, Vendor shall be entitled to pursue any one
or more of the following remedies for default:
1. 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.
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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 pursue
any one or more of the following remedies for default:
1. Purchase of balance of rent agreement, and transfer of ownership of Equipment
from Vendor to City.
2. Any remedy available at law or in equity.
22.01 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.
23.01 INDEMNIFICATION
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 limit 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.
24.01 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,
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as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
25.01 ASSIGNMENT AND DELEGATION
A. The parties hereby bind themselves, their successors, 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 without 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 FINANCIAL OBLIGATION OF CITY.
26.01 NOTICES
A. All notices and other communications in connection with this Agreement shall be
in writing and shall be considered given as follows:
I. 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
Round Rock, TX 78664 Round Rock, TX 78664
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
27.01 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
10
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.
28.01 EXCLUSIVE AGREEMENT
A. This document, and all appended documents, constitutes the entire Agreement
between Vendor and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
29.01 DISPUTE RESOLUTION
A. If a dispute or claim arises under this Agreement, the parties agree to first try to
resolve the dispute or claim 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
1-14) or any applicable state arbitration statute.
30.01 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
from being void should a provision which is of the essence of this Agreement be determined
void.
31.01 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 fully
11
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 due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without 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. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
D. 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
counterparts, any one of which shall be considered an original of this document; 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
0/?VL
By: By:
Printed Name: In Printed Name: 049-1574, DME
Title: A OY Title: 141IN"t"
Date Signed: Date Signed: /2y/ly
For City,Attest: I
By: 1672ub
Sara L. White, City Clerk
For City,A proved as to Form:
Stepfiaji L. Sheets, City Attorney
12
Marathon Fitness Sales Quotation
P.O. Box 17705
Sugar Land,TX 77496 Date Estimate No
Marathon Fitness Tel: 800-391-9496 Fax: 888-240-9360 7/3/2014 27311
shlp;to.
M2462- City of Round Rock Clay Madsen Rec Center
Attn: Accounts Payable Attn: Mary Hemenes
221 E. Main St. 1600 Gattis School Rd.
Round Rock,TX 78664 Round Rock,TX 78664
Sales Representative Terms Due Date
DA Net 30 8/4/2014
Qty Item Code Description Unit Retail Cost Total
8 TRM 833 Precor 833 TRM Treadmill,120v-P30 Console 7,995.00 5,596.50 44,772.00
2 EFX 835 Precor 835 EFX-Dual action w/adjustable 7,495.00 5,246.50 10,493.00
Crossramp-P30 Console
2 EFX 833 Precor 833 EFX-Fixed handrail w/adjustable 6,495.00 4,546.50 9,093.00
Crossramp-P30 Console
3 AMT 835-OS Precor 835 AMT-Adaptive Motion Trainer with 9,395.00 6,506.46667 19,519.40
Open Stride-P30 Console
4 RBK 835 Precor 835 RBK Recumbent Bike,P30 Console 4,095.00 2,866.50 11,466.00
2 UBK 835 Precor 835 UBK Upright Bike,P30 Console 3,795.00 2,656.50 5,313.00
21 PHTCLCAP3210... Audio Entertainment Cap-900 MHz integrated 179.00 159.20 3,343.20
wireless audio receiver for P30&P20 consoles
1 155015+050-01... Stairmaster Stepmill with TSE-1 Touch Screen, 7,099.00 5,679.20 5,679.20
120V(*)
1 PGR9XTL02010... xTV Receivers 900 MHz Wireless Receiver(Gray 139.00 111.20 111.20
in color)
(Price includes 1 power cord per receiver
[CXECSS101(Short CSAFE cable)]
1 Model D/PM3 Concept 2 Rower(Cordless)Model D,PM3 1,295.00 1,036.00 1,036.00
Monitor(*)
TRADE-EQUIP... Trade-In Equipment/Must Be In Working -6,900.00 -6,900.00
Condition:
8-C954iE
Precor C954i Programmable Treadmill 120v with
Subtotal
I accept the terms and conditions of this quotation.Prices are valid for 30 days.
Equipment remains the property of Marathon Fitness until paid in full. Sales Tax (0.0%)
Signature: PO# Total
Printed Name: Title:
DELIVERY INSTRUCTIONS: ,
Must arrive by_/_/_ Loading Dock:Yes No
Elevator:Yes-
No-Frame: Upholstery:
www.Marat4p�itness.com
EXHIBIT "A"
Marathon Fitness Sales Quotation
P.O. Box 17705
Sugar Land,TX 77496 Date Estimate No
. Marathon Fitness Tel: 800-391-9496 Fax: 888-240-9360 7/3/2014 27311
BIII to` Shipto.
M2462- City of Round Rock Clay Madsen Rec Center
Attn:Accounts Payable Attn: Mary Hemenes
221 E. Main St. 1600 Gattis School Rd.
Round Rock,TX 78664 Round Rock,TX 78664
Sales Representative Terms Due Date
DA Net 30 8/4/2014
City Item Code Description Unit Retail Cost Total
THR,Experience Series
SN:AB37E19110037 CONSOLE:ATRDF21110013
SN:AB37E12110017 CONSOLE:ATRDF21110030
SN:AB37E12110014 CONSOLE:ATRDF21110029
SN:AB37EO5110024 CONSOLE:ATRDF21110028
SN:AB37F22110007 CONSOLE:ATRDF22110014
SN:AB37F22110003 CONSOLE:ATRDF27110006
SN:AB37F22110002 CONSOLE:ATRDF27110005
SN:AB37F22110001 CONSOLE:ATRDF27110004
3-EFX 556
Precor Total Body EFX556i w/THR,Self Powered,
Experience Series
SN:AYHCC09110005
SN:AYHCC09110002
SN:AYH0009110003
2-C546iE
Precor EFX 5461,Lower Body w/THR,Experience
Series,Self Powered
SN:AJPAB03110007
SN:AJPAB03110003
2-AMT 100
Subtotal
I accept the terms and conditions of this quotation.Prices are valid for 30 days.
Equipment remains the property of Marathon Fitness until paid in full. Sales Tax (0.0%)
Signature: Poi- Total
Printed Name: Title:
DELIVERY INSTRUCTIONS:
Must arrive by��_ Loading Dock:Yes No
Elevator:Yes_No_ 0 �
Frame: Upholstery:
www.MaratlWpfitness.com
EXHIBIT "A"
Marathon Fitness Sales Quotation
P.O. Box 17705
Sugar Land,TX 77496 Date Estimate No
Marathon Fitness Tel: 800-391-9496 Fax: 888-240-9360 7/3/2014 27311
BIII to• Shi ,to
M2462- City of Round Rock Clay Madsen Rec Center
Attn: Accounts Payable Attn: Mary Hemenes
221 E. Main St. 1600 Gattis School Rd.
Round Rock,TX 78664 Round Rock,TX 78664
Sales Representative Terms Due Date
DA Net 30 8/4/2014
Qty Item Code Description Unit Retail Cost Total
Precor AMT 100i,Experience Series
SN:A927C08110007
SN:A927C28110033
4-RBK 815
Precor 815 Recumbent Bike
SN:AAEKE24110022 CONSOLE:AB53C29110005
SN:AAEKE24110021 CONSOLE:AB53021110007
SN:AAEKE24110019 CONSOLE:AB53E10110022
SN:AAEKE24110017 CONSOLE:AB53C30110018
2-UBK 815
Precor 815 Upright Bike
SN:A868C15110002 CONSOLE:AB53C29110018
SN:A86SC15110001 CONSOLE:ABSBC29110016
Subtotal
I accept the terms and conditions of this quotation.Prices are valid for 30 days.
Equipment remains the property of Marathon Fitness until paid in full. Sales Tax (0.0%)
Signature: POq Total
Printed Name: Title:
DELIVERY INSTRUCTIONS:
Must arrive by___J___J_ Loading Dock:Yes No
Elevator:Yes-
No-Frame: Upholstery:
www.MaratlWpFitness.com
EXHIBIT "A" �j
Marathon Fitness Sales Quotation
P.O. Box 17705
Sugar Land,TX 77496 Date Estimate No
Marathon Fitness Tel: 800-391-9496 Fax: 888-240-9360 7/3/2014 27311
Bill
t ..
M2462- City of Round Rock Clay Madsen'Rec Center
Attn:Accounts Payable Attn: Mary Hemenes
221 E. Main St. 1600 Gattis School Rd.
Round Rock,TX 78664 Round Rock,TX 78664
Sales Representative Terms Due Date
DA Net 30 8/4/2014
City Item Code Description Unit Retail Cost Total
BUY BOARD INFORMATION:
Vendor: Team Marathon Fitness
Address: PO Box 17705
Sugar Land,TX 77496
Phone: (281)565-2307
Contact:Paul Croegaert
Email: paul@marathonfitness.com
Federal ID: 68-05446644
Contract:Athletic,PE&Gym.Supplies&Eq.&
H.D.Exercise Eq.&Accessories#413-12
Effective Date: 4/1/2013
(`)Open Market
Down Payment$29,650 see quote 27312
The Remaining balance after down payment
could be financed by the following schedule in
rental with$1/buyout:$3175 per month for
three years
Subtotal $103,926.00
1 accept the terms and conditions of this quotation.Prices are valid for 30 days.
Equipment remains the property of Marathon Fitness until paid in full. Sales Tax (0.0%) $0.00
Signature: PO# Total $103,926.00
Printed Name: Title:
DELIVERY INSTRUCTIONS:
Must arrive by___j ..J_ Loading Dock:Yes No
Elevator:Yes_No_
Frame: Upholstery:
www.Marat[Wpfitness.com
EXHIBIT "A"
Marathon Fitness Sales Quotation
P.O. Box 17705
Sugar Land,TX 77496 Date Estimate No
Marathon Fitness Tel: 800-391-9496 Fax: 888-240-9360 7/3/2014 27312
Bill to Ship to:
M2462- City of Round Rock Clay Madsen Rec Center
Attn:Accounts Payable Attn: Mary Hemenes
221 E. Main St. 1600 Gattis School Rd.
Round Rock,TX 78664 Round Rock,TX 78664
Sales Representative Terms Due Date
DA Net 30 8/2/2014
Qty Item Code Description Unit Retail Cost Total
I Misc. Freight,Installation,Preventative Maintenance(3 29,650.00 29,650.00 29,650.00
Years/Quarterly Visits),3 Years Parts and 3 Years
Labor Warranty
"Note"
Refer to Quote Number 27311 for New
Equipment Purchase and Trade Out.
Subtotal $29,650.00
I accept the terms and conditions of this quotation.Prices are valid for 30 days.
Equipment remains the property of Marathon Fitness until paid in full. Sales Tax (0.0%) $0.00
Signature: PON Total $29,650.00
Printed Name: Title:
DELIVERY INSTRUCTIONS: /
Must arrive by��_ Loading Dock:Yes No
Elevator:Yes-
No-Frame: Upholstery:
www.MarathonFitness.com
EXHIBIT "B"