Attachment A
Donation Agreement
Communication Devices, Health and Recovery Equipment Donation Agreement Page 1
COMMUNICATION DEVICES, HEALTH AND RECOVERY EQUIPMENT
DONATION AGREEMENT
This DONATION August 25, 2026, by
and between the Newport Beach Fire Department Foundation, a California nonprofit corporation , and the CITY OF NEWPORT BEACH, a California municipal corporation and charter 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 , valued at approximately Sixty-Five Thousand Five Hundred Thirty-Four Dollars and 01/100 ($65,534.01):
Starlink: Fifty (50) Starlink satellite communication devices and related subscription services valued at approximately Seventeen Thousand Seven Hundred Forty-
attached hereto and incorporated herein by this reference.
Positive Impact Alliance, LLC: One (1) Re-Gen Health Commercial Cold Blast cold plunge valued at approximately Eight Thousand Seven Hundred Seventy Dollars and 85/100 ($8,770.85), as reflected on the invoice attached hereto as B .
Salus Saunas: Ten (10) Laurel Far Infrared Indoor Sauna chambers, one (1) Sparkle Far Infrared Indoor Sauna chamber, and three (3) Red Light Therapy sauna accessories valued at approximately Thirty-Nine Thousand Twenty-One Dollars and 67/100 ($39,021.67), as reflected on the invoices attached hereto C
2. The donated Property will only be used by Fire Department staff with the exception of the Starlink satellite communication devices. The intended use of the Starlink satellite communications devices is to provide additional communication capabilities in cases of limited or no cellular connectivity, such as wildfire zones and mutual aid deployments to rural or remote areas. Additionally, these devices can be shared with and used in conjunction with other City departments, including, but not limited to, the Police and Public Works Departments, to increase citywide communication capabilities. The intended use of the cold plunge and sauna chambers is to provide additional means of physical recovery, to assist in promoting overall firefighter health, fitness, and cardiovascular function, among other health benefits. Furthermore, it is intended that the sauna chambers may assist in the reduction of the accumulation of toxins that firefighters may be exposed to while on duty. The sauna chambers and cold plunges will only be made available to Fire Department staff.
3. Foundation shall deliver all Property to City at a mutually agreed location by July 1, 2026, or
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 , 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
Communication Devices, Health and Recovery Equipment Donation Agreement Page 2
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.
10. 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.
11. 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.
12. In the event of any dispute or legal action arising under this Agreement, the prevailing
13. 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]
Communication Devices, Health and Recovery Equipment 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 OF NEWPORT BEACH,
A California municipal corporation and
charter city
Date:__________________
By:______________________________
Date:____________________
By:______________________________
Aaron C. Harp
City Attorney
Lauren Kleiman
Mayor
ATTEST:
DONOR: Newport Beach Fire Department
Foundation, a California nonprofit
corporation
Date:___________________
By:______________________________
Date:_____________________
By:______________________________
Lena Shumway
City Clerk
Brian Bowis
Chief Executive Officer
Date:___________________
By:______________________________
Clark Cashion
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A Starlink Inventory and Subscription Payments Exhibit B Positive Impact Alliance, LLC Invoice
Exhibit C Salus Saunas Invoices
Communication Devices, Health and Recovery Equipment Donation Agreement Page A-1
EXHIBIT A
STARLINK INVENTORY AND SUBSCRIPTION
PAYMENTS
Communication Devices, Health and Recovery Equipment Donation Agreement Page B-1
EXHIBIT B
POSITIVE IMPACT ALLIANCE, LLC INVOICE
Positive Impact Alliance, LLC
1440 S. Higley Rd. #108
Gilbert, AZ 85296
Phone: 602-432-8178
TO: oundation
ATT:
INVOICE
INVOICE# NBFD
DATE:
DESCRIPTION PRICE
PER UNIT
NUMBER
OF UNITS
TOTAL
PRICE
Re-Gen Health Commercial Cold Blas
*Includes: The Recharge Room App, PIA
Alliance support, shippingwarranty
$ $
Communication Devices, Health and Recovery Equipment Donation Agreement Page C-1
EXHIBIT C
SALUS SAUNAS INVOICES