Kevin Stahl, Purchasing Manager 240 Villa Crest Drive State College, PA 16801

Transcription

1 IV-J Kevin Stahl, Purchasing Manager 240 Villa Crest Drive State College, PA To: Robert O Donnell, Superintendent From: Kevin M. Stahl, Purchasing Manager Diane C. Swauger, Fitness Center Operator Re: Fitness Equipment Maintenance, Apple Fitness Date: November 17, 2017 The district has operated a supervised Fitness Center in the High School South Building for more than 12 years. The equipment is available for use by students, faculty and staff, both during and after school. Periodic maintenance of fitness equipment is highly recommended by the equipment manufacturers to assure a safe and productive environment for all participants and to ensure the longevity of the equipment. To that end, the district would like to deploy the services of Apple Fitness, a State College based firm possessing the requisite capabilities. Specifically, the district wishes to have two (2) periodic maintenance visits for the 2017/18 school year for the equipment located in the Fitness Center. Performance of the contemplated service is governed by the terms of an Apple Fitness Equipment Preventive Maintenance Agreement. To that end, administration, in conjunction with the district s solicitor and insurance broker, has reviewed the Apple Fitness agreement. Changes have been incorporated with the resultant enclosed agreement and addendum representing the final outcome of the negotiations. The agreement and addendum have been deemed acceptable by both the district s solicitor and insurance broker. On a related aside, the district s insurance broker has reviewed Apple Fitness certificate of liability insurance. The certificate has been deemed acceptable in terms of liability limits and potential exposure. It is the recommendation of administration that the Apple Fitness Equipment Preventive Maintenance Agreement be signed for this 2017/18 expenditure at a total cost not to exceed $3,700. In doing so, the district can provide the desired fitness opportunities in a safe and welcoming environment.

2 Property/Facility: State College Area High School North and Preventive Maintenance Agreement This Preventive Maintenance Agreement will cover the servicing of the listed equipment in Exhibit A attached. This service will be as follows: 1) Operational Inspection, 2) Visual Inspection, 3) Lubrication, 4) Calibration, 5) Internal Inspection & Cleaning, and 6) Notation of Service in Logbooks. Detailed check lists of the service procedure is available upon request. Apple Fitness Equipment will provide further product support with the following services: 1. A maintenance notebook showing the equipment files and service performed. 2. Preventative maintenance phone support needed for your maintenance staff to accomplish ongoing PM. 3. Will use only factory replacement parts on any repair, unless specified and approved by the customer or manufacturer. Suggested repairs can be made to the equipment by Apple Fitness Equipment s service department after approval from the customer for additional charges, such as parts 10% off of listed MSRP, trip charges, labor, etc. All other callbacks will be billed at $60 per hour plus a $0.66/mile trip charge (for facilities greater than 20 miles from our office). This agreement is strictly preventive in nature, intended to maintain the highest level of safety, and equipment reliability as possible based on the age and use of the equipment. This agreement does not cover abuse, vandalism, normal wear and tear, or any acts of God resulting in failure of equipment, nor does it include the cost of parts, shipping, or labor charges associated with a repair not specified by this agreement. Do to the Number of pieces this agreement will take multiple days to complete properly. This agreement is subject to the fitness equipment located in Exhibit A attached at the time the agreement was signed. Apple Fitness Equipment will service the equipment either on a quarterly, tri annual, semi-annual, or annual basis determined by the customer at the time the agreement was signed. Any additions to your fitness center will require a new signed agreement. The charge for this Preventative Maintenance Agreement from November 1, 2017 through October 31, 2018 will be: $1, per Quarter visit + (6% sales tax) Exempt = Total $5, Per Year $1, per Tri annual visit + (6% sales tax) Exempt = Total $4, Per Year $1, per Semi Annual visit + (6% sales tax) Exempt = Total $3, Per Year (Initial One) $2, per Annual visit + (6% sales tax) Exempt = Total $2, Per Year THIS AGREEMENT MAY BE CANCELED BY EITHER PARTY WITH A 30-DAY WRITTEN NOTICE. Service Provider shall have proper background checks completed prior to commencing any work. Said background checks shall consist of, but not be limited to the Pennsylvania State Police Background Check (Act 34), the Pennsylvania Child Abuse History Clearance (Act 151) and the Federal Criminal History Record Information (CHRI) background check. In addition, the Service Provider will comply with the hiring, mandated reporter and all requirements of the Pennsylvania Child Protective Services Laws. Please remit payment to: Apple Fitness Equipment

3 Office: Fax: Preventive Maintenance Agreement Property/Facility: State College Area High School North and Exhibit A Page 1 Equipment Type Make Model Serial Number Rower Concept II Concept-IIC /5 Recumbent Cycle Recumbent Cycle Upright Bike Upright Bike Arc Trainer #1 Cybex 600A/BC X A9514N-4349 Arc Trainer #2 Cybex 601A/BC X A9514N-4279 Arc Trainer #3 Cybex 602A/BC X A9514N-4280 Arc Trainer #4 Cybex 603A/BC X A9514N-4345 Arc Trainer #5 Cybex 604A/BC X A9514N-4264 Treadmill #1 C956-2/240THR MBH12Q0008 Treadmill #2 C956-2/240THR MBH06Q0012 Treadmill #3 C956-2/240THR MBH12Q0009 Treadmill #4 C956-2/240THR MBH12Q0004 Treadmill #5 C956-2/240THR MBH12Q0005 Cross Trainer #1 EFX546iTHRSP Cross Trainer #2 EFX546iTHRSP Cross Trainer #3 EFX546iTHRSP Cross Trainer #4 EFX546iTHRSP Cross Trainer #5 EFX546iTHRSP Cross Trainer #6 EFX546iTHRSP I2G28Q0060 Cross Trainer #7 EFX546iTHRSP I2H08Q0012 Spin Bike #1 Schwinn ICELITE 3502T47764 Spin Bike #2 Schwinn ICELITE 3502T47913 Spin Bike #3 Schwinn ICELITE 3502T47763

4 Preventive Maintenance Agreement Property/Facility: State College Area High School North and Exhibit A Page 2 Equipment Type Make Model Serial Number Spin Bike #4 Schwinn ICELITE 3502T47810 Spin Bike #5 Schwinn ICELITE 3502T47865 Spin Bike #6 Schwinn ICELITE 3502T47911 Spin Bike #7 Schwinn ICELITE 3502T47909 Spin Bike #8 Schwinn ICELITE 3502T47787 Spin Bike #9 Schwinn ICELITE 3502T47762 Spin Bike #10 Schwinn ICELITE 3502T47808 Spin Bike #11 Schwinn ICELITE 3502T47788 Spin Bike #12 Schwinn ICELITE 3502T47761 Jacob s Ladder #1 Jacob s Ladder 3204 Jacob s Ladder #2 Jacob s Ladder 3202 Strength Cybex VR2 Seated Leg Press 4605 X Strength Cybex VR2 Leg Extension 4611 X Strength Cybex VR2 Prone Leg Curl 4616 X Strength Cybex VR2 Hip Adduction 4640 X Strength Cybex VR2 Hip Abduction 4645 X Strength Cybex VR2 Chest Press 4506 X Strength Cybex VR2 Overhead Press 4526 X Strength Cybex FS Mod Assist (dip) 5345 X Strength Cybex VR2 Lat Pull 4516 X Strength Cybex VR2 Row/Rear Delt 4521 X

5 Property/Facility: State College Area High School North and Preventive Maintenance Agreement Exhibit A Page 3 Equipment Type Make Model Serial Number Strength Cybex VR2 Arm Curl 4535 X Strength Cybex VR2 Arm Extension 4540 X Strength Cybex VR2 Ab Crunch 4705 X Strength Cybex VR2 Back Extension 4711 X Strength Cybex 360 Func. Trainer w Strength Cybex Mod Lat Pulldown #1 / 5601 X Strength Cybex Mod Lat Pulldown #2 / 5601 X Strength Cybex Mod Low Row #1 / 5651 X Strength Cybex Mod Low Row #2 / 5651 X Strength Hammer Strength Jammer Strength Hoist Angled Leg Press / F Strength Nautilus 4 Way Neck / 2FWN Strength Power Lift Belt Squat 10105

6 State College Area School District Addendum to Service Provider or Supplier (Contractor) Agreement All sections of the Contractor Agreement/Purchase Order, whether verbal or in writing dealing with Indemnification, Insurance and Waiver of Subrogation are hereby replaced with the following: Indemnification The work performed by the Contractor shall be at the risk of the Contractor. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor s sole expense) and hold harmless the Owner, joint ventures, representatives, members, designees, officers, directors, employees, agents, successors and assigns ( Indemnified Parties ) from and against any and all claims for bodily injury, death or damage to property, demands, damages, actions, causes of actions, suits, losses, judgments, obligations and any liabilities, costs and expenses (including but not limited to investigative and repair costs, reasonable attorneys fees and costs) ( Claims ) which result from any act omission or materials furnished and installed by Contractor or its agents. These indemnity and defense obligations shall apply to any acts or omissions, negligent or willful misconduct of the Contractor, its employees or agents, whether active or passive. Said indemnity and defense obligations shall further apply, whether or not said claims arise out of the concurrent act, omission or negligence of the Indemnified Parties, whether active or passive. Contractor shall not be obligated to indemnify or defend Owner for claims found to be due to the sole negligence or willful misconduct of Indemnified Parties. Contractor s indemnification and defense obligations hereunder shall extend to Claims occurring after this Agreement is terminated as well as while it is in force, and shall continue until it is finally adjudicated and any and all actions against the Indemnified Parties for such matters which are indemnified hereunder are fully and finally barred by applicable laws. Insurance Upon execution of this Agreement, and prior to the Contractor s commencing any work or services, the Contractor shall carry commercial general liability insurance naming the Owner as Additional Insureds thereunder. Additional Insured coverage shall apply as primary insurance with respect to any other insurance afforded to Owner. The coverage available to the Owner, as Additional Insureds, shall not be less that $1 million Each Occurrence, $2 million General Aggregate, $2 million Products/Completed Operations Aggregate, and $1 million Personal and Advertising Injury limits. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by the Contractor. All coverage shall be placed with an insurance company duly admitted in the State of Pennsylvania and shall be reasonably acceptable to the Owner. All Contractors insurance carriers must maintain an A.M. Best rating of A- or better. Coverage shall be afforded to the Additional Insureds whether or not a claim is in litigation. The insurance coverage required in the previous paragraph shall be of sufficient type, scope and duration to ensure coverage for the Owner for liability related to any manifestation date within the applicable statutes of limitation and/or repose which pertain to any work performed by or on behalf of the Owner. Each Certificate of Insurance shall provide that the insurer must give the Owner at least 30 days prior written notice of cancellation and termination of the Contractor s coverage thereunder. Not less than two weeks prior to the expiration, cancellation or termination of any such policy, the Contractor shall supply the Owner with a new and replacement Certificate of Insurance and Additional Insured endorsement as proof

7 of renewal of said original policy. Said new and replacement endorsements shall be similarly endorsed in favor of the Owner as set forth above. Additionally and prior to commencement of the Work, the Contractor shall provide the Owner with a Certificate of Insurance showing liability insurance coverage for the Contractor for Automobile Liability. In the event any of these policies are terminated, Certificates of Insurance showing replacement coverage shall be provided to the Owner. Coverage limits shall be no less than the following: Governing Law Business Automobile Liability Insurance: Written in the amount of not less than $1 million Each Accident. Umbrella Liability Insurance: The coverage shall not be less than $1 million Each Occurrence, $1 million Aggregate. Such insurance shall provide coverage over and above the stated General and Automobile liability limits. Any dispute arising from this agreement has shall be adjudicated in the Centre County, Pennsylvania, Court of Common Pleas in a non-jury format. Contractor Name of Company Address Signature Print Name Owner State College Area School District 240 Villa Crest Drive State College, PA Signature Print Name