Donation Agreement with Enerfund, LLC DocuSign Envelope ID:07718FED-B9A0-40CD-A67F-6D8F46EB169E
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DONATION AGREEMENT
BETWEEN
ENERFUND, LLC
AND
THE CITY OF MIAMI BEACH, FLORIDA
FOR THE DONATION OF THE PLAYSIGHT CAMERA EQUIPMENT, WITH SOFTWARE
MAINTENANCE FOR THREE (3)YEARS,AND A PORTION OF THE INSTALLATION
COSTS
April THIS DONATION AGREEMENT is made and entered into this 28 day of
, 2021 ("Effective Date"), by an("Agreement") between the City of Miami
Beach, Florida, a Florida municipal corporation, with its office at 1700 Convention Center Drive,
Miami Beach, FL 33139 (the "City"), and Enerfund, LLC, a Florida limited liability company, with
its office at 5972 NE 4th Avenue, Miami, FL 33139 ("Donor").
WITNESSETH:
WHEREAS, PlaySight Interactive USA Inc. ("PlaySight") sells camera equipment that
allows users to access the footage in real time; and
WHEREAS, Mr. Mike Zoi, a parent from the Miami Beach Tennis Center Academy,
would like to donate, through his company, Enerfund, LLC ("Donor"), the use of a PlaySight
camera system ("System"), including software ("Software")to the City to be utilized at
designated tennis courts of the Miami Beach Tennis Center (the "Center") for player analysis;
and
WHEREAS, the Software service for the System would cover (3) three years from the
moment it goes live; and
WHEREAS, Donor entered into an agreement with PlaySight dated September 8,
2020 ("PlaySight Agreement") for the purchase of a license to use the System and Software,
including the Software maintenance for three (3) years, in the total sum of$18,000.00 ("System
Donation"), and agrees to assign the license to the City, pursuant to a separate agreement
among PlaySight, Donor and the City("Assignment"), subject to all parties agreeing to the terms
and conditions of the Assignment; and
WHEREAS, in order to install the System at the Center, cabling and electrical work
would be need; and
WHEREAS, in addition to the System and Software, Donor will donate $7,383.21 to
cover the cost of the cabling, in the amount of $7,383.21 ("Installation Donation"), for a total
donation value of$25,383.21 (collectively the "Donation"), with the City responsible for payment
of the costs associated with the remaining cabling and electrical work, in the amount of
approximately $4,200.00.
NOW, THEREFORE, in consideration of the mutual promises and covenants made
herein, the City and Donor agree as follows:
1. The above recitals are true and correct and are incorporated by reference herein.
2. The Term of this Agreement will commence on the Effective Date set forth above and shall
expire following the conclusion of the Donation and completion of all the parties' obligations
hereunder.
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DocuSign Envelope ID:07718FED-B9A0-40CD-A67F-6D8F46EB169E
3. Donor shall be solely responsible for giving the City possession of all parts of the System
and related Software.
4. Simultaneously with the execution of this Agreement, Donor shall pay the City the
Installation Donation, in the amount of $7,383.21. In the event that the Assignment is not
agreed upon by all the parties or is not executed by all parties within thirty (30) days from
the Effective Date of this Agreement, the City shall return the Installation Donation to Donor
and Donor shall remain responsible under the PlaySight Agreement.
5. The Donor shall not receive any benefits for the aforementioned donation to the City.
6. Subject to Donor's compliance with its obligations under this Agreement and the execution
of the Assignment by all parties:
a) the City will install the PlaySight Equipment and Software at the Center; and
b) the City will allow the Contractor at the Center, Van Daalen Tennis, LLC, to use of the
PlaySight System and Software; provided, however, that the City, in its sole judgement
and discretion, reserves the right to remove the System or cease use of the System
and/or software at any time.
7. Upon the execution of this Agreement by the City and Donor; receipt of the Installation
Donation by the City; receipt of the System and Software by the City; verification, by the
City, of payment to PlaySight for the System Donation; and Donor and PlaySight executing
the Assignment in the form that is acceptable to the City, the City will execute the
Assignment transferring to the City the rights and responsibilities of Donor under the
PlaySight Agreement.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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DocuSign Envelope ID:07718FED-B9A0-40CD-A67F-6D8F46EB169E
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IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
DocuSigned by:Oat
DocuSigned by:
C .6) Oat Q�ltq, (�,t 5/4/2021 I 7:44 PM EDT
24A05013ADDC485... By: 7AF9OFF/an174OF
Rafael E. Granado Alina T. Hudak
City Clerk City Manager
5/6/2021 I 10:46 AM EDT
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
} l `"ill. .. tj4_. �(
City Attorney ;► of
FOR DONOR: ENERFUND, LLC
ATTEST:
DocuSigned by: DocuSigned by:
CVt1tiY �I��iw By: CM b, �bi
SD70E7CF216B4DB... l�ooe[tr�tIW434yt...
Artur vorojeykin coordinator Mike Zoi Manager
Print Name/Title Print Name/Title
4/28/2021 I 11:35 AM PDT
Date
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