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04/01/1992 F ~ L E [J !: n c p ~ (~l'W~' '92 APR 23 nolO:2 0 CONTRACT FOR THE MAINTENANCE OF THE MONROE COUNTY TELEVISION TRANSLATOR SYSTEM IN~~LATIONS \~, l t'IJHRO~ di THIS AGREEMENT made on the 1st day of APRIL , 1992, 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, Summer land 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 Monroe County Television Translator System Installations, at five sites located approximately as follows: a. Key Largo b. Islarnorada c. Grassy Key d. West Summerland Key e. Key West 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. Fault isolation of antennas and transmission lines is the responsibility of the Contractor. The repair of the air condi tioner, maintenance of the site, 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. 5. 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 resul ting from equipment malfunction or failure requiring service may be billed by Contractor at the rate of $40.00 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 specialized 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. All other parts will be supplied by the Contractor and 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-contractors. 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 one (1) year. 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 I 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 the herein described work at the rate of Thirty-One Thousand One Hundred Twenty Five Dollars ($31,125.00) for 120 regularly scheduled semi-monthly maintenance visits to the translator sites. 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 at the rate of Two Thousand Five Hundred Ninety-Three and 75/100 Dollars ($2,593.75), plus any additional amount due in accordance with Section I, paragraph 6 hereof. IN WITNESS WHEREOF this Agreement was executed in Monroe County on this date first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: ~~~i::n ~~ ~~ (Seal) Attest: DANNY L. KOLHAGE, Clerk ~~~t~~ Clerk @~T~ CARMELITA T. Gossard d/b/a C&M ELECTRONICS ~ ;G., \1 AhIO:><-L t~ib~a ~ Jl1.7;tchLVh APpr~. d Els 0 form suff c en y. / and legal County Attorney's Office .t , , . I:. ,.,. ,'-01': SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(n), FLORIDA STATUTES. ON PUBUC ENTITY CRIMES THIS FORM'MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBliC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to ~~ C ~tO~,~ Pi<,Ir/ G l~.a ;:::F;j~ a. . / L': print nnme or the pub c tity') / by _~ T~&J~4IMil 1) ~ () JUpt~ Wiint In_a!)'1 uql'Ji nnm~ .lD~ title] / for a o/--u:L EL..IE~4/JCC C ~ / [print nnme or entity submitting swom statement] whose business address is ~4 .15~ l' / {J/ _<;//;;$f-pL~ /E~/.Z ?13~ ~7-- and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: -7'/7 z.r 0 5r I :z 0/ .) 2. I understand tha, a "public entity crime" as defined in Paragraph 287.133(1)(g), Floridn Statutes. means a vialation>9f _any state or federal law by a person with respect to and directly related to the transaction oti~usiness with any public entity or with an agency or political subdivision of any other statear of the 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 of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(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 O( state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. ..../'" 4. I understand that an "affiliate" as defined in Paragraph 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 the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a'prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that 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 the United States with the legal' power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors,. executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applles.] d Nei~her the entity submitting this sworn statement, nor any of its offi~rs, directors, executiv~, partn~rs, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 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. . _ 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 1, 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 THAT THE SUBMISSION OF TillS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO I;NFORM THE PUBLIC ENTI1Y PRIOR TO ENTERING INTO A CONTRACf IN EXCESS OF THE el1JRBsaoLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OJ" ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. STATE OF COUNTY OF /ZtJR/p& ;;1l~tPlL' cP~ ~~.O signature] ~ ~ /I~) 92- / ere] .. PERSONALLY APPEARED BEFORE ME, the undersigned authority, tJ 1Jk1 H~L,rI,:) T. ~5S~ J) who, after first being sworn by me, affixed his/her signature [name of individual signing] in the space provided above on this /s4i day of apt-II-. 19 1 2- ~~~ I NOTARY PUBLIr My commission expires: 4le--c- 'i I I q 4 :L Form PUR 7068 (Rev. 04/10191) SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FI.ORIDA ETHICS CLAUSE _____________warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in voliation of Section 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_:Z~J o~L7ee. (signature) Date:_--#/99'L STATE OF . ~~/..P/T' COUNTY OF _~.# bE- PERSONALLY APPEARED BEFORE ME, the undersigned authority, (! Illl /Jltf.&---"L __L_~~s~.J1__ who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space . ~_. provided above on thi s __~~____day of 19 q 2-. NOTARY PUBLIC My commission expires: ~- If, l'1f~