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06/16/1993 CONTRACT FOR THE MAINTENANCE OF THE ~.iONROE COUNTY TELEVISION TRANSLATOR SYSTEM INSTALLATIONS THIS AGREEMENT made on the 16th day of June, 1993, by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, constituting the governing body of the Monroe County Special Taxing District for the Television Translator System, hereinafter referred to as the County and CARMELITA T. GOSSARD, d/b/ a C&M ELECTRONICS CO. , hereinafter referred to as the Contractor, whose mailing address is P.O. Box 10, Surnrnerland Key, Florida 33042. It is agreed and understood that wherever used herein, the term "County" shall mean the governing body of the Monroe County Special Taxing District for the Television Translator System. In consideration of the mutual covenants set forth below, County and Contractor agree as follows: I. DESCRIPTION OF WORK: 1. This contract is for the maintenance of the Television Translator System Installations, at five approximately as follows: MORroe Couaty sitesloca't~d -" ";1 a. Key Largo b. Islamorada c. Grassy Key d. West Surnrnerland Key e. Key West i'..~ _1 ...; :"" r:.. " o Each site consists of an antenna tower and five translator units and associated electronic equipment and devices in a co-located, air conditioned building. The Contractor shall be responsible for maintaining all translator units and its associated electronic equipment and devices. Faul t isolation of antennas and transmission lines is the responsibility of the Contractor. The repair of the air condi tioner , maintenance of the si te, the building, antennas, the antenna towers, and transmission lines are excepted from this contract and are~ specifically not required as duties of the Contractor, however " the Contractor shall act as Coordinator between the County and other Contractors or Sub-contractors in such instances. The Contractor shall upon each visit make visual inspection of the building, roads and grounds, work area, air conditioners and general conditions of the various sites, and shall notify the County when repair or refurbishment becomes necessary. Upon approval by the County for repair, refurbishment or additions, the Contractor will coordinate with other contractors or sub-contractors to assure proper workmanship and to maintain site security during the work period. 2 - The Contractor shall respond to and perform unscheduled maintenance resulting from equipment malfunction or failure in a timely manner. To facilitate services and quick response, the Contractor may sub-contract with strategically located technicians so that response to a service requirement at any of the sites at any time does not exceed two hours. 3. The Contractor must certify the possession of a valid county occupational license and FCC radiotelephone license meeting the requirements for maintenance of this equipment. All sub-contractors shall have the same licenses as the bidder; occupational and FCC. The Contractor shall certify that all personnel performing maintenance, repairs, adjustments, and related work to the translator equipment must possess the proper FCC license(s) for such work. 4. The Contractor shall have the required minimum test equipment listed in Section III. S. Regularly scheduled semi-monthly inspection and maintenance visits to all sites shall be conducted mainly in accordance with tasks outlined in Section II. Scheduled maintenance requiring translator shut down shall be performed between the hours of midnight and 8: 00 a.m. 6. All unscheduled maintenance resulting from equipment malfunction or failure requiring service may be billed by Contractor at the rate of $50.00 per hour. The Contractor shall notify the County, in a timely manner, of the occurrence of an equipment malfunction or failure requlrlng unscheduled maintenance and upon completion of same, the outcome and cost. The County shall issue a separate purchase order for each occurrence of unscheduled maintenance. The Contractor shall indicate on the repair invoice the method of discovery for each incidence of unscheduled maintenance. 7. One (1) spare parts kit shall be supplied by the County at County expense for the translator equipment. The kit consists of speciaLLzed parts not usually stocked by commercial parts suppliers. Upon use, the Contractor must notify the County to reorder and upon request must return failed part to the County. Parts supplied by the Contractor will be billed to the County at a price not to exceed thirty percent (30%) above actual cost to the Contractor. Sales tax, if any, shall be paid by Contractor and not be included in the billing to Monroe County. The Contractor shall provide to the County a copy of the original parts supplier's invoice which shows the actual cost of the parts to the Contractor. All provisions and requirements of the Purchasing Policies for Monroe County shall be adhered to unless otherwise specifically stated elsewhere in this agreement. 8. The Contractor shall be responsible for the training of his sub-cont.ractors. 9. The Contractor shall provide and maintain a "Maintenance Log" at each site. The log shall contain the following information: a. Date b. Equipment serviced c. Service performed d. Name of technician e. Total down time of equipment The log shall be stored at the site and shall not be removed without the specific authorization of the County. 10. The Contractor shall install at his central shop location a "dedicated telephone" connected to the system failure alarm located in the Key West site. The Contractor shall also connect the alarm to a paging system, and equip the duty technician with a paging receiver to alert him to a system failure in the event he is remote from the central shop location and therefore unable to receive the telephone alarm. The cost of same will be an expense of the Contractor. 11. The Contractor shall in a courteous, direct manner answer all inquiries from the general public concerning the operational status and system reception problems; a written log of all inquiries from the general public shall be maintained at the Contractor's place of business, with copies of same being provided to the County on a monthly basis. 12. All work is to be performed in a workmanlike manner. II. Regularly Scheduled Maintenance Tasks 1. Clean air filters on all equipment and air conditioners. 2. Inspect and service all line dehydrators. 3. Inspect and clean and oil all blower motors. 4. Inspect all unenclosed relays and burnish contacts as required. 5. Inspect all meters for proper operation of translator and specified power output. 6. Make required adjustments to bring equipment to specified operating levels. Output waveform distortion is not to exceed specified limits. 7. Inspect high voltage/high power components for signs of impending breakdown. Replace as required. 8. Enter required data on "Maintenance Log". 9. Return faulty parts to proper County Department, if requested to do so, with request for replacement and/or reimbursement. 10. Verify and log each day, the proper operation of the hazard lighting as required by FCC Rules 17.37 and 17 .38. 11. Notify F.A.A. of hazard lighting failures and when restoration is completed. III. Minimum Required Test Equipment 1. VHF/UHF Sweep Generator with internal or external marker generator 2. VHF/UHF Field Strength Meter 3. VHF/UHF Frequency Counter 4. Oscilloscope (15 Mhz minimum frequency response) 5. VHF /UHF Spectrum Analyzer 6. Thruline Power Meter 0-150 watts 7. High input impedance Voltmeter 8. 50 Ohm Detector 9. Attenuators (10DB, 20DB, 30 DB) 10. Dummy Load 150 watts, 50 ohm 11. Directional coupler - (500-890 Mhz) 400 W Forward and Reflected IV. General Provisions: 1. This contract shall become effective upon its execution by both parties and shall continue in force for three (3) years. 2. The County and/or its representative shall have free access to make on-site inspections, and shall have the authority to reject or stop work which in its opinion does not conform to the contract. 3. The Contractor shall be fully responsible for all acts or omissions of his employees or sub-contractors or any other persons doing work under his direction. 4. The Contractor agrees to indemnify the County and hold the County harmless from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file an action arising out of performance of the work herein including bodily injury, illness or death, or for property damage including loss of use, resulting from the Contractor's work. 5. Termination. The County may, without advance notice to the Contractor, terminate this contract before the termination date hereof, and without prejudice or any other remedy it may have, when Contractor defaults in performance of any provision herein, or fails to carry out his duties in accordance with the provisions of this contract. 6. This contract may not be assigned by either party. V. Contract Compensation: The County agrees to pay the Contractor for 120 regularly scheduled semi-monthly maintenance visits annually to the translator sites, for a period of three years, as follows: At the rate of Thirty-One Thousand One Hundred Twenty Five Dollars ($31,125.00) for the first year period; the contract amount agreed to herein will be adjusted annually in accordance with the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida area and applied annually during the term of this agreement. Increases in the contract amount during each one year period shall be extended into the succeeding year ( s) . In no event shall travel time be paid for. Payment is subject to additions in accordance with Section I, paragraph 6 hereof. The Contractor shall bill the County monthly for the specified services, including any additional amount due in accordance with Section I, paragraph 6 hereof. IN WITNESS WHEREOF this Agreement was executed in Monroe County on this date first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE C RI~ ~-~ ~~ BY: (Seal) Attest: ])A1fflY L. XOlJl(AGEt Clerk br~~~ /J.e. Cler {!./i~~ -r~aAcI CARMELITA T. Gossard bia C&M ELECTRONICS :;je&t~ Jd' ~d>>t~7' APprove.d_ft'iJJ::orm and. legal SUffiCir-. , I. . County Attorney's Office SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. Tbis sworn statement is submitted toH#Nb.e. ~eJ~ l>uaLt 'e.. s H'~TY (print ~pUblic entity] by C!JltgAl~jh.. J: fi~~PAJJ [print individual's name and title], t! of M ~ /,..ec ";,AJ I C.s t; I), (print name of entity submitting sworn statement] for wbose business address is ~ IJ. SD~ If) $VIIM,ALNJj) ,r~ FL. 'I~~~2 and (if applicable) its Federal Employer Identification Number (FEIN) is (If tbe entity has no FEIN, include the Social Security Number of tbe individual signing this sworn statement: ~~7" ~~ - ~/2,,~ .) 2. I understand tbat a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to tbe transaction of business witb any public entity or witb an agency or political subdivision of any otber state or oftbe United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision ~f any otber state or of tbe United States and involving antitrust, fraua, tbeft, bribery, collusion, racketeerint, conspiracy, or material misrepresentation. 3. I understand that"convicted" or "conviction" as defined in Paragraph 287.133(I)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court ofrecord relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand tbat an "affiliate" as defined in Paragrapb 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under tbe control of any natural person wbo is active in tbe management of tbe entity and who bas been convicted of a public entity crime. The term" affiliate" includes tbose officers, directors, executives, partners, sbarebolders, employees, members, and agents wbo are active in tbe management of an affiliate. The ownersbip by one person of sbares constituting a controlling interest in anotber person, or pooling of equipment or income among persons wben not for fair market value under an arm's lengtb agreement, sball be a prima facie case tbat one person controls anotber person. A person wbo knowingly enters into a joint venture witb a person who bas been convicted of a public entity crime in Florida during the preceding 36 montbs sball be considered an affiliate. S. I understand tbat a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of tbe United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for tbe provision of goods or services let by a public entity, or whicb otherwise transacts or applies to transact business witb a public entity. The term "person" includes those officers, directors, executives, partners, sharehulders, employees, members, and agents wbo are active in management of an entity. 6. BlIsed on information SInd belief, the statement which I have marked below is true in rellltion to the entity submitting this sworn stlltement. (IndicAte which statement Applies.] / Neither the entity submitting this sworn stAtement, nor Any of its officers, directors, executives, p.rtnen, shareholders, employees, members, or Agents who are Active in the mAnagement of the entity, nor any .ffiliate of the;ity has heen charged with and convicted of a public entity crime subsequent to July I, 1989. - The entity submitting this sworn statement, nor any of its officers, directors, exectutives, partners, shareholders, employees, members, or Agenf5 who are Active in the management offhe entity, nor an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ~ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn stAtement on the convicted vendor list. (attach a copy of the final order] I UNDERSTAND THA TTHE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR TilE PUBLIC ENTITY IDENTIFIED ON PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONL V AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICIIIT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRA<:..T IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORlDAST A TUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN TillS FORM. ~ I ~/ (./ {!~~-' r ..4:a-o~ (signature] Personally known h ~ ~~l .. ( ) ,1913. Ie ~ / ;) - fJTc; ~ 8<-b~ 14. \-k. A S~ (.) t) V (Printed typed or stamped ,'1 commissioned name of notary public) Sworn to and subscribed before me this c;J1 dAY of OR Produced identification Notary Public - State of (Type of identification) My Commission expires ~~y PI./8 OfFICIAL NOTARY SEAL 0' . <'.... BARBARA A SCOBY ~ ,]~\Jf ~ COMMISSION NUMBER '.1 ~~ <( CC243842 "1- ~. ~ MY COMMISSION EXP. OF f\..O DEC. 4 1996 Form PUR 7068 (Rev. 06/1 1/92) SWORN STATEMENT UNDER ORDINANCB NO. 10-1990 MONROE COUNTY; FLORIDA ETHICS CLAUSE ~/.Jt!J; -r. t;-N4lJieJ warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Sectio~ 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former cou~ty ~.icer. ~mP10Yee. Ctl.Jv~ --~.,1 ~ (signature) Date: ~I/ a..~tLJ (I /973 STATE OF g)~~A~ ;/?/7 "/. '- ,> .. ~/zQ~ -' COUNTY OF (type of identification) /7 ~- I~a .,L-{L-cf:. --il~ /... /) /1 r 'J C{ ~.d~ MCPt4 REV. 2/92 NOTARY PUBLIC O\~~V P~8.. OFFICIAL NOTARY SEAL ~~; ~ BARBARA A SCOBY ta . .l It COMMISSION NUMSER ~. ~ CC243842 <<' :-:. o~ MY COMMISSION UP W F\. DEC. 4 1996 .