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Resolution 027-1990 .; James R. Paros, ACA Division of Public Safety RESOLUTION NO. 027 -1990 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, ACTING AS THE BOARD OF GOVERNORS OF MUNICIPAL SERVICE TAXING DISTRICT NO. 5 AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AGREEMENT WITH SOUTHERN COACH, INC. FOR RECONDITIONING OF A 1978 AMERICAN LAFRANCE PUMPER. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to execute a Contract Agreement between Southern Coach, Inc. and Municipal Service Taxing District No.5, a copy of same being attached hereto, concerning reconditioning of a 1978 American LaFrance Pumper. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, acting as the Board of Governors of Municipal Service Taxing District No.5, at a regular meeting held on the 10th day of January, A.D. 1990. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ACTING AS THE BOARD OF GOVERN07, OF MSTD NO. 5-"---: By ~~Ar::r ayor (Seal) Attes t :DANNX L. ;KOLRAG~ ~k ~'~1/J!)L OVEDA$ TO :-C:Qfl" ~ APPR ,',' AND LEGAL surFJUi:~'" 8Y~~~~ ;;JHNOW 9E: V d 6l NVr 06. () ...~ ~j _J -1;.=5 CONTRACT THIS AGREEMENT, made and entered into this day of 19 A. D., by and between the Board of County Conunissioners of Monroe County, Florida on behalf of the Municipal Services Taxing District No.5, hereinafter "DISTRICT" and Southern Coach Inc., hereinafter "CONTRACTOR". WITNESSES: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: I. SCOPE OF THE WORK A. The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all other work as described in the Notice of Calling for Bids, Specification, as attached, and as described in proposal as furnished by the CONTRACTOR to refurbish a 1978 American LaFrance Pumper; CE12-6240. II. CONTRACT SUM A. The DISTRICT shall pay to the CONTRACTOR for the faithful performance of the Contract, in lawful money of the United States. B. Based upon the price in the specification, a copy of the specification being a part of these Contract Documents, the aggregate amount of this Contract in the sum of One hundred nine thousand five hundred and seventy one dollars ($109,571.00). III. CONTRACT TERM A. The contract shall be completed one hundred twenty (120) days from receipt of the truck by the contractor. IV. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The CONTRACTOR has carefully examined the conditions of the apparatus and has made sufficient investigation to fully satisfy himself that such apparatus is a correct and sui table one for this work, and he assumes full responsibility therefore. The CONTRACTOR understands all provisions of this Contract and of the Specifications and agrees to their sufficiency for the work to be done. Under no circumstances, conditions or situations shall this Contract be more strongly construed against the DISTRICT than against the CONTRACTOR. B. An ambiguity or uncertainty in the Notice of Calling for Bids, drawings or specifications shall be interpreted and construed by the DISTRICT, and the decision shall be final and binding upon all parties. C. The approval of any part of the work or material by the DISTRICT, or by its agent, as being in compliance with the terms of this contract, or the Notice of Calling for Bids, drawings and specifications, shall not operate as a waiver by the DISTRICT of strict compliance with the terms of any other part of this Contract, Drawings or Specifications. D. The Contractor shall defend, indemnify and hold the DISTRICT, its officials, employees and agents harmless, from any and all claims, liabilities, losses and causes of action which may arise out of the performance of the Contract except such claims, liabilities, losses and causes of action which may arise because of the DISTRICT I S negligent actions or omissions. Compliance with the insurance requirements shall not relieve the CONTRACTOR from the obligations imposed by this article. V. INSURANCE A. The CONTRACTOR shall furnish proof of insurance, in a form acceptable to the DISTRICT as required in the Specification. VI. FINAL PAYMENT A. Full payment will be made as the unit is received, inspected and found to comply with specifications. Invoices shall be submitted to the Monroe County Fire Marshal's Office, 5192 Overseas Highway, Marathon, Florida 33050, for approval and processing. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SITTING AS THE BOARD OF GOVERNORS OF MUNICIPAL SERVICE TAXING DISTRICT 5 (SEAL) Mayor Attest: Danny L. Kolhage, Clerk Clerk SOUTHERN COACH INCORPORATED 7 Witness: , '" / "/ / f ,,;I, . ;// / /.' /J ~;7>jJ,~~~;t/~-.0~.~/ / / __--- I '" // Wit ess: L q~d/// I //(..';'J/[ leJ.t.,.}') Authorized Representative f' L-,I/;~,-/[~L> /1- ......_~___ _ ..lUVEDM TO'" AND LEGAL SUFFttfllff;f. &, ~\,,- u~~C ~ \I ~,~_>... \.. , \:"" "ffTee Page No. 2