HomeMy WebLinkAboutC-10054-1 - Lifeguard Sun Shirt Donation AgreementLIFEGUARD SUN SHIRT DONATION AGREEMENT
This DONATION AGREEMENT ("Agreement") is made this 1st day of August,
2025, by and between the Newport Beach Fire Department Foundation ("Foundation"),
and the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"). It is agreed by and between the parties as follows:
1. Foundation agrees to donate at no cost or expense to City, and City agrees to accept,
the following described property ("Property"):
Two hundred and fifty (250) Florence Marine X brand "Sun Pro Long Sleeve
Crossover hooded UPF Shirts" valued at approximately Ten Thousand Fifty
Seven Dollars and 62/100. ($10,057.62), as reflected on the invoice attached
hereto as Exhibit "A" and incorporated herein by this reference.
2. The donated Property will be used only by City staff. The intended use will be to
provide additional sun protection for all Lifeguard staff.
3. Foundation shall deliver the Property to City at a mutually agreed location by June 11,
2025, or at a time and date mutually agreed between the parties, at Foundation's sole
cost and expense. Upon acceptance of the Property by City, all rights, title and interest
in the Property shall transfer to the City.
4. Said Property is donated in "new, unused" condition, and the Foundation disclaims
any warranty of merchantability or working order or condition of the Property except
that they shall be donated in their present condition. Foundation has not made any
other representations or warranties, implied or express, relating to the condition of the
Property.
5. The parties agree that the Foundation will be released of all liability resulting from the
use, maintenance, storage or possession of the Property effective upon the date of
delivery by Foundation and acceptance by City.
6. Foundation warrants that it has the right to convey good title to the Property free of
any encumbrance, lien, or claim of any third person or entity.
7. City makes no representations regarding whether Foundation may claim a tax
deduction in connection with the donation. Foundation is advised to consult with a
qualified tax professional in connection therewith.
8. The parties agree to execute and deliver such further documents and instruments and
take and do any and all further acts as may be required for carrying out the intent and
purpose of this Agreement.
9. This Agreement shall be binding and inure to the benefit of the parties, their
successors, assigns and personal representatives. This Agreement represents the full
and complete understanding of every kind or nature whatsoever between the parties
hereto, and all preliminary negotiations and agreements of whatsoever kind or nature
are merged herein. No verbal agreement or implied covenant shall be held to vary
the provisions herein. In the event there are any conflicts or inconsistencies between
this Agreement and any attachments hereto, the terms of this Agreement shall govern.
Lifeguard Sun Shirt Donation Agreement Page 1
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect. The laws of the State of California
shall govern this Agreement and all matters relating to it and any action brought
relating to this Agreement shall be adjudicated in a court of competent jurisdiction in
the County of Orange, State of California. In the event of any dispute or legal action
arising under this Agreement, the prevailing party shall not be entitled to attorneys'
fees. This Agreement may be executed in two (2) or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one (1) and the
same instrument.
[SIGNATURES ON NEXT PAGE]
Lifeguard Sun Shirt Donation Agreement Page 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 9'/ 11/2)(�—
By: zC�
Aar n C. Harp
City Attorney
ATTEST:
Date: / /3 - ,zc
By:
Lena Shumway
City Clerk
Attachments
CITY OF NEWPORT BEACH,
A California municipal corporation and
charter city
Date: /2 �/?/-2--:> zS
By: LoR--
Grace K. Leu g
City Manager
DONOR: Newport Beach Fire Department
Foundation
Date:
By:
Brian
Chief Executive Officer
Date:
By: Signed in Counterpart
Marc Ackerman
Secretary
[END OF SIGNATURES]
Exhibit A — Invoice
Lifeguard Sun Shirt Donation Agreement Page 3
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: '7/I�i�
By:
Aa on C. Harp
City Attorney
ATTEST:
Date:
Molly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation and
charter city
Date:
By:
Grace K. Leung
City Manager
DONOR: Newport Beach Fire Department
Foundation
Date:__�S— _
By:
Brian Bowis
Chief Executive Officer
Date:
By:
Marc Ackerman
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Invoice
Page 3
EXHIBIT A
INVOICE
Lifeguard Sun Shirt Donation Agreement Page A-1
FLENE
Bill To Ship To
Attn: Gary Conwell
Newport Beach Lifeguards
100 Civic Center Drive
Newport Beach CA 92660
United States
Terms
Due Date PO #
Due on Receipt 05/14/2025
Quantity
Item
UPC Code
95
FMSS00041-DTN-L Sun Pro Long
840226266206
Sleeve Crossover Hooded UPF Shirt
- Department Navy- L
Sun Pro Long Sleeve Crossover
Hooded UPF Shirt - Department Navy
-L
49
FMSS00041-DTN-M Sun Pro Long
840226266190
Sleeve Crossover Hooded UPF Shirt
- Department Navy - M
Sun Pro Long Sleeve Crossover
Hooded UPF Shirt -Department Navy
-M
14
FMSS00041-DTN-S Sun Pro Long
840226266183
Sleeve Crossover Hooded UPF Shirt
- Department Navy - S
Sun Pro Long Sleeve Crossover
Hooded UPF Shirt - Department Navy
-S
78
FMSS00041-DTN-XL Sun Pro Long
840226266213
Sleeve Crossover Hooded UPF Shirt
- Department Navy - XL
Sun Pro Long Sleeve Crossover
Hooded UPF Shirt - Department Navy
-XL
14
FMSS00041-DTN-XXL Sun Pro Long
840226266220
Sleeve Crossover Hooded UPF Shirt
- Department Navy - XXL
Sun Pro Long Sleeve Crossover
Hooded UPF Shirt - Department Navy
- XXL
250
Post Embellishment
Invoice
#INV0136503
05/14/2025
TOTAL
$10,057.62
Shipping Method Tracking Number
Unit Price Discount Amount
$40.00 -15% $3,230.00
$40.00 -15% $1,666.00
$40.00 -15% $476.00
$40.00 -15% $2,652.00
$40.00 -15% $476.00
$4.23 -15% $898.88
For question or concerns, please contact Cody Beeson at cody@kandui.co. If you have any concerns with your order, please
contact us within 7 days.
IN 111111111111111 111111111 II III 1 of 2
INVO136503
FLORENCE
Please Remit To
Florence Marine X
210 62nd Street
Newport Beach CA
92663
Invoice
#INV0136503
05/14/2025
Subtotal $11,057.50
Discount Total $-1,658.63
Tax Total (7.75%) $658.75
Shipping Cost
Total $10,057.62
For question or concerns, please contact Cody Beeson at cody@kandui.co. If you have any concerns with your order, please
contact us within 7 days.
I IIII IN 11111111111111 I I I I I II III 2 of 2
INVO136503