Loading...
FD Preventative Maintenance ServiceFirefox GYM DOCTORSTNI W W W. 6 Y M 0 0 0. C 0 N Service Agreement The exercise facility at: San Rafael Fire Department ("Client") 1039 C Street San Rafael, CA 94901 (6 Locations: Fire Stations 51, 52, 54, 55, 56 and 57) Services to be performed by Gym Doctors hereunder are as follows: Semiannual preventive maintenance service: Page 1 of 4 Jule 29, 2021 One visit every six months, to be billed after completion of work at the rate of S125 per station (51500 annually) plus parts (if any). Parts may be provided by the facility. Any parts obtained through Gym Doctors are sold at DISRP. Work performed during visits will be based on communication with Client's primary contact person and i or the on-site maintenance logbook. If any, broken items, or macunes in question will be checked and serviced first. The remaining time (if any) will be spent on performing preventive maintenance or any other specific related service requested by the facility. PXI steps for each machine include: Safety inspection and a test -run Any manufacturer recommended maintenance and tune up based on usage. Most minor repairs (if needed) Equipment list (hereinafter referred to as "Equipment"): Cardio equipment - Station 51: 2 Landice treadmills 1 Stairclimber 1 Rower 1 Assault bike Station 55: 1 Landice treadmill 1 Precor elliptical 1 Stairclimber 1 Rower 1 Assault bike Weight equipment: Station 51: 1 Tuffstuff CXT-100 gym 1 Tuffstuff adjustable bench 1 Cable machine Station 55: 1 Tuffstuff CXT-100 gym 1 Tuffstuff adjustable bench 1 Cable machine Station 52: 1 Landice treadnull 1 Stairclimber 1 Rower 1 Assault bike Station 56: 1 Landice treadmill 1 Stairclimber 1 Rower 1 Assault bike Station 52: 1 Tuffstuff CXT-100 gym 1 Tuffstuff adjustable bench 1 Cable machine Station 56: 1 Tuffstuff CXT-100 gym 1 Tuffstuff adjustable bench 1 Cable machine Station 54: 1 Landice treadnull 1 Stairclimber 1 Rower 1 ,assault bike Station 57: 1 Landice treadmill 1 True treadmill 1 Stairclimber 1 Rower 1 Assault bike Station 54: 1 Tuffstuff CCT -100 gym 1 Tuffstuff adjustable bench 1 Cable macune Station 57: 1 Tuffstuff CXT-100 gvm 1 Tuffstuff adjustable bench 1 Cable nnachine 3488 Arden Road, Hayward, CA 94545 • ServiceL'gymdoc-corn • 510-886-4321 • Fx. 510-886-4333 about:blank of 4 8/2/2021, 2:59 PM rirefox GYM DOCTORS TM Page 2 of 4 WWW.GVN00c.coa July 29, 2021 General terns and conditions Gym Doctors (an independent contractor) and Client enter into this Service Agreement (the "Agreement") as described below. 1. Purpose: The purpose of this Agreement ic, preventive maintenance ("PTI"), to keep Equipment in proper working order while extending the life of Equipment and to reduce any costs and down time associated with repairs. Gym Doctors' services include (in addition to those items specified above) the manufacturers' recommended inspection and routine maintenance (adjustments, calibration, lubrication & interior cleaning) of the Equipment on as many items as realistically possible within the amount of service time that Client has purchased from Gym Doctors. ? Equipment: It is at Gym Doctors' reasonable discretion to determine whether any piece of exercise Equipment located at Client's facility is in suitable condition to be covered by the terms of this Agreement after Gym Doctors' initial inspection. Gym Doctors will determine the overall condition and wellness of each piece of Equipment. If repairs are necessary in order to bring the Equipment up to suitable operating condition for coverage under this Agreement, Client shall pay for all labor, parts and materials for any such repairs and adjustments. Gym Doctors will notify Client in writing for approval prior to performing any such work. 3. Preventive .Maintenance: A Gym Doctors technician will perform the PNI on the Equipment located at Client's fitness facility during the mutually agreed upon scheduled intervals as stated on the cover page during the terns of this Agreement. Client shall allow full access for Gym Doctors' technicians to enter Client's fitness facility where the Pill is to be performed. Client's primary contact person shall notify the Gym Doctors technician prior to or at,the time of his arrival of any problems Client maybe having with the Equipment. If a primary contact or a communication log is not available, the technician will perform a speedy evaluation of the Equipment and will begin the Pili service as he deems necessary. Any broken Equipment or worn out parts will be repaired or replaced by Gym Doctors oniv after Client is made aware of the same and has given a written or verbal approval. If such repairs are covered by a manufacturer's warranty, then Gym Doctors shall make the appropriate repairs and invoice the cost of repair charges (including parts, or labor, or both) to such manufacturer warranting coverage of the Equipment. In the event such a manufacturer doesn't pay Gym Doctors the full amount due and owing for such repair work, then Client shall be responsible for the difference between such amounts and the amounts paid, if any, by such manufacturer to Gym Doctors. Gym Doctors shall maintain a stock of replacement parts that in its judgment is appropriate to provide reasonable PNI of the Equipment. GN in Doctors shall use original equipment manufacturer ("OEili") replacement parts or parts of equal or greater quality in performing Pill and repairs. Gym Doctors reserves the right to discontinue service on any piece of Equipment if it determines that it is unsafe for usage and no longer repairable due to excessive wear and tear, age, parts obsolescence, or any other appropriate factor. 4. lVarranty and Remedies: Gym Doctors shall perform P\I and requested repair services in a professional manner conforming to generally accepted industry standards. Client must report any deficiencies in the Phi and / or the requested repair services to Gym Doctors within a reasonable time not to exceed 30 days after the work was performed. In the event Gym Doctors receives such notice from Client, then Gym Doctors shall re -perform the work. If Gym Doctors is unable to re -perform the work as warranted, Client shall be entitled to recover the fees paid to Gym Doctors for the deficient work. 5. Limitation of Liability: The extent of Gym Doctors' inspection is visual and /or linuted on-site electrical and mechanical testing. Gym Doctors does not perform any radar or sonar testing for hidden damage, or perform complete system electronic bench testing as part of this service. Therefore, Gym Doctors cannot determine and report all Equipment damage or hazards at the time of service. Gym Doctors twill neither assume any responsibility nor warrant any parts or labor related to service or repair of any Equipment placed in service in an envfronnhent in which it was not designed or intended for. This is not a guaranty or warranty contract and makes no claims expressed or implied regarding prevention of Equipment breakdown. Gym Doctors is not responsible and shall not be held liable for any injury or property damage arising from misuse, neglect, or normal wear and tear of any Equipment or part. The only warranties applicable with respect to any part or accessory provided by Gym Doctors, unless otherwise noted, is tile' manufacturer's original warranty. 3488 Arden Road, Hayward, CA 94545 • Service@)gymdoc.com • 510-886-4321 • Px. 510-886-4333 about:blank 2 of 4 8/25/2021, 2:59 Pkl Firefox GYM DOCTO R S M WWW.C1t1G00C.001M Page 3 of 4 July 29, 2021 In no event shall either party, its officers, directors, employees and agents be liable for any incidental, consequential, punitive or special damages, lost profits or any other indirect damages, even if such party, its officers, directors, employees and agents have been advised of the possibility of such damages. Each party's cumulative liability under anv and all provisions of this Agreement to the other party or any third parties shall be limited to tlhe total amount actually paid by Client to Gym Doctors. 6. Indemnification: Client shall indemnify, defend and hold harmless Gvm Doctors, its officers, directors, employees and agents from and against any and all actions or proceedings, all claims, losses, damages, liabilities, and expenses (including attorney's fees and costs) arising out of or in connection with the condition or use by any person of the Equipment or other Equipment or services provided by Client, except to the extent that a personal injury or property damage was caused by or resulted directly from the gross negligence or willful misconduct of Gym Doctors in the performance of PDI services under the Agreement. 7. Payment: Client agrees to pay the specified amount for each visit on a net -30 basis after completion of service visit and receipt of a valid invoice or according to invoice terms. If Client fails to make payments as specified, Gym Doctors may, at its discretion, terminate this Agreement or stop rendering all services until Client has paid in full. In the event Gym Doctors employs a collection agency or other entity to collect amounts due and owing from Client to Gym Doctors, then Client shall bear all expenses resulting from such collection agency or entity including, but not limited to, attorney fees, courier charges, etc. . S. Term: As part of this Agreement, the Client agrees to at least a one year service term commencing on the effective date. Thereafter, unless specified or requested othenvise, this Agreement will remain in effect until terminated by either party on thirty (30) days written notice to the other party. Anil changes in Gym Doctors' pricing must be mutually agreed upon in writing by both parties prior to becoming effective. Either party may terminate this contract for cause upon thirty (30) days written notice to the other party provided that the breaching party does not cure within such thirty (30) day period, provided that Client will pav for services rendered and for expenses incurred by Gym Doctors before the effective date of termination. Cause for termination shall include, but not limited to, breach of material obligation, bankruptcy or insolvency, or failure to pay. Sections 5, 6, 7, 10, 12, 13 and 15 shall survive any termination or expiration of this agreement. 9. Early Termination Clause: As part of the term of this Agreement, Client is given a substantial discount in Gym Doctors' hourly labor pricing. If Client elects to terminate this Agreement prior to the initial one year term, then Client shall pay Gym Doctors the difference in Gynh Doctors then standard labor rate and Client's rate in hill for all labor hours provided to Client by Gym Doctors during such term. 10. Non Solicitation Clause: During the term of this agreement, and for a period of one year thereafter, customer agrees not to solicit or hire, directly or indirectly, any employee of Gym Doctors without first obtaining the advance written consent of Gym Doctors. In the event customer hires an employee of Gynh Doctors without receiving prior written consent from Gym Doctors, a fee of one hundred percent (1001,40) of the'workers final annual salary with Gym Doctors (or the hourly hvage multiplied by 2000 hours) will be payable immediately by customer to Gym Doctors. 11. Safety: Client hereby agrees and acknowledges that it has the sole responsibility to operate the exercise Equipment in a safe manner including compliance with any and all of the Equipment manufacturers operating and safety requirements. This includes but is not limited to acilhering to Equipment manufacturers operating guidelines and recommended use for the Equipment and any recommended or required clearance around such Equipment whether specified or not. 12. Conduct: Gym Doctors and its employees shall at all times comply with Client's policies and procedures for personnel on Client's premises. Gym Doctors shall not engage in any activity on Client's premises other than the services for which Gym Doctors is engaged hereunder. 13. Jurisdiction: This agreement shall be deemed to have been executed in the state of California and governed, construed, and the legal relations of the parties shall be determined in accordance with the laws of the state of California. The parties hereby agree, for purposes of judicial resolution of disputes concerning this agreement, to submit the matter and 3488 Arden Road, Hayward, CA 94545 • Service@gymdoc.com • 510-886-4321 • Fr. 510-886-4333 about:blank 3 of 4 8/25/2021. 2:59 PM T:ireCox Page 4 of •1c GYM DOCTORSTMPa` WWW.GYN00C.00M July 29, 2021 themselves to the jurisdiction of the superior court of Alameda County California, or to the federal court of San Francisco, whichever is the competent authority for such dispute. 14. Entire Agreement; Modification: This Agreement sets forth the entire agreement between the parties on the subject matter hereof and supersedes all prior proposals, agreements, and representations behveen them whether written or oral. This Agreement supersedes any conflicting terms in any purchase order or other document submitted by Client whether or not formally rejected by Gym Doctors. This Agreement may be changed only in writing signed by both parties. 15. Severability; Waivers: If any provision of this agreement is held to be illegal, unenforceable or void, then all other provisions shall remain in affect. No failure of either party to enforce an}, provision of this agreement shall be construed as a waiver of that or an), other provision. Each party agrees to a waiver of consequential damages for any claim arising from this agreement or following termination of this agreement. 16. Counterparts and Fax SiSignatures: This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which will constitute but one and the same instrument. A copy of either party's signature to this Agreement sent by fax or email transmission shall be deemed an original manual signature of this Agreement. Effective date: Accepted by: Client (company : San Rafael Fire Department GVM DOCTORS Print name:U lnlinbt'- Print name: Daniel Daneslhvar Signature- `VL,,fo'— Title: A)_ Date:^ Z Signature: _, Title: President Date: 07/29/202 3488 Arden Road, Hayward, CA 94545 • Service@'gymdoc.com • 510-886-4321 • Fx. 510-886-4333 about:blank 4 ofd 812/2021, 2:59 PM hP,� RAFq�` A 2 Z �iTyW1TH p'l`y CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Project Manager: Conan Kelly Contractor Name: Gym Doctors Contractor's Contact: Daniel Daneshvar ❑ FPPC: Check if Contractor/Consultant must file Form 700 Extension: 5063 x1224 Contact's Email: service@gymdoc.com Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE -re to Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor ❑ enter a date. b. Email contract (in Word) and attachments to City 8/30/2021 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑ 2 City Attorney a. Review, revise, and comment on draft agreement 8/31/2021 ❑X LG and return to Project Manager 8/31/2021 ❑x LG b. Confirm insurance requirements, create Job on (N/A) PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to or tap C contractor %�.,r a 2u 4 Project Manager Forward three (3) originals of final agreement to ❑ contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑x N/A agendized for City Council approval * "City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a elate. *'T Project Manager CONTINUE ROUTING PROCESS WITH HARD COPY 6 Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed 8/31/2021 agreement Review and approve insurance in PINS , and bonds i 8 City Attorney 8/31/2021 (for Public Works Contracts) (N/A) 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and D �" forwards copies to Project Manager O 9 �I