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04/03/1991 CONTRAcr FOR THE MAINTENANCE OF THE .... r r . r." r r MONROE COUNTY TELEVISION TRANSIAIDR SYSTEM INSTALLATIONs. . '; R:-. COR 0 THIS AGREEMENT made on the .3 n,( day of UPu.Z 'l~91>b; :1ng 1 :52 between the MONROE COUNTY BOARD OF COUNTY Ca.1MIsliIONERS 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, Surrrnerland 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: 1. 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. Islamorada c. Grassy Key d. West Surmner land 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 main- taining 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 conditioner, 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 refurbishrrent becomes necessary. Upon approval by the County for repair, refurbish- ment 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 F.C.C. 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 resulting 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 occurance of an equipment malfunction or failure requiring 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 equip:nent. The kit consists of specialized parts not usually stocked by corrmercial 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 ~nroe 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 ~nroe 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 . Da te b. Equip:nent serviced c. Service perfonned d. Name of technician e. Tota 1 down time of equiprent 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 sha 11 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 busi- ness, 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 equip:nent 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 equip:nent to specified operating levels. Output waveform distortion is not to exceed specified limits. 7. Inspect high voltagejhigh 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 Equipnent: 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 (lODB, 20DB, 30DB) 10. Dununy 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 attorneys' 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 ($2,593.75), plus any additional amount due in accordance with Section I, paragraph 6 hereof. IN WITNESS WHEREOF this Agreement was executed in Monroe county on the date first above written. BOARD OF COUNTY CCM>1ISSIONERS OF MONROE COUNTY, FIDRIDA By G".~~.J ~ :-'. ~_~ ~ Mayor/Chairman (Seal) Attest:DANNY L. X:OI.HAGE, Clerk ~~~~IJ./ --------:/ . ) 1/7 C1~~ / .0~a~q CARMELITA T. GOSSARD d/b/a C & M ELECffiONICS CO. ,/" - , ~ ~AJt~ 4/"c~~ I Witnesses . ( Approved as to form and legal sufficiency.. A C' 'J. '-~ -q \ swom statement: , ,. My name is OM# 1f414 'r .., ,~5.{.U'JI and my relatiol'lshiJj to the entity named above (please -pnnt name of Indlvl ua slgnmg IS &) t:t0<F ,(? I understand thilt a .public entity crime" as defined in ParagrapJt 287. 133(1)(g), Florida Statutc~, means 11 violation of any state or federal Jaw by a person with respect to anaurretTIy related to lhe transaction of business with an)'!ublic: entity or with an agency or political subdivision of any other State or with the Unile States, including but not limited. to, any bid or contract for goods or servkes to be provideJ to any publie entity or an agency or political subdivision of an)' other state or of the UnIted States and mvolvi!lg antitrust. fraud, thefl, bribery, collusion, tackct'eering,"" conspiracy, or malenal ntisreprcsentation. I understand that .convicted" or .convietion" as defined in Paragraph 287. 133(1)(b), Florida . Statutl:.$, m~"nJ . JJn~ini of iUilt or it ,nnvir.tinn nr a I'lIhlir. l",.1til)' r.rimfo. with nr 'lo\I1tnnnt "n adjudIcation of gUIlt, in any federal or 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 ~onteDdete. I understand that an "affiliate. as deCined in Paragraph 287.133(1)(a). Florida Statutes, meacs; a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natura.l person who is active in thc management of the entity anu who has been convicted of . public entity crime. The term .a(filiatc. inclOtlc::s those ofliccf1, directors. executives, partners, shareholders. employees, membcf1, ilJld agents who are active in the management of an affiliate. The ownership by one pc~on of shares constituting a contrQlled interest in another person, Or a pooIang of equIpment or income among persons when not fot' a fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A pe~on who knowingly enters into a joint ventur~ with a per:on who has been conv~clcd of a f.l\l~1ic entity crime in FlorIda during the preceding 36 months shall be conSidered nn affiliate. 7, 1 underr.tand that a .person" as d~Cined in Pnragraph 287.133(1)(e), Florida Statutes, mearu aryy natural person I:lr entity or~anl.Zed under the laws oC any' ttate or of the Uruted States With the legal power ~o. enter Into I bindina contract and whi~h bids or applies to bid on contracts lor Uie. prOVISIon or good, or servIces let by a public entity, or which otherwise transaets or apph~ to tranaa;t busln~ WIth a public entity. The term .person. includes those officers, dirc~to~, executives, partners, sharcnoldel'!, employees, members and agents who are actIVe In mnn4gcmcnt of a.l entity. .. SWORN STATEMENT UNDER SEcrJON 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMM THIS PORM MUST DE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFPleER AUTHORJZED TO ADMINISTER OATHS. 1. nus sworn statement is s\lbnutted with Bid. Proposal or Contract No. for /J';1/l(AIEI!/I!It}[r~ tP;-- ,4#.A~7tJ.F ;O~Jjt/!~t TYIL'l~J~j )11tt:J~ 5' f/5.;:e- /// 2, This sworn sllltement ill submitted by (name of .cnlity subnuttlng SWorn atatem~nt1 ? c?- If? to y II? 5t:W'# tfP /II/f/j) !t:l-t'/ Rand . /. / (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 whose business address i. ). 4. 5. 6. or 8. . 8ased on inlormalion and belief, the slatement which I have mMkcd below i~ true in rclalk;,,' ~ the entity 6ubmiuing this sworn statelllent. (Plca'Sc indicl\tc which 5tatc.:lJlCllt npplics.) ( Neither the entity submilling this sworn statement, nor any officers, directurs, cxccutivc~, paii'nCrs, shnreholderl, employees, mcmbcrl, or agents who arc active in lIlilnagemcnt of the entity, nor any affiliate of the entity havc been charged with nnd convicted or a public entity crimI; subsequent to July I, 1989. 1/ () The entity Jubmilting this sworn statement, or olle or more of the officers, directors, C;ltccutlves. partnen.l,.. shareholders, employees, members, or agcnts who arc active in management of the entity, or an amliate of the entity has been eharBed with and convicted of a public cntity crime subsequent to July 1. 1989, AND (Please indicate whIch additional ata tement applies), /J{) There ha.s been a proeeedin.l concerning the conviction bcCore a hearing officer of thc SlifC of Florida, Division of Adl1llnistralivc: Hearings. The final order entered by the hearing orricer did noe rJaec the penon or affiliate on the convicted vendor list. (plc:Jsc attach a copy of the fin" order.) J/ Jf) The peTlon or affiliate WIlS placed on the convicted vendor list. There has been a ~uent proceeding beCore a hearing ofnecr oC the: Slate or Florida, Division of Administrative Hearings. nle: final ordcr entered by the hearing officer determined that it was in the public interest to remOVe the person or affiliate from the convicted vendor list. (please attacn a copy of the final order.) (I ojJf!~The penon or affiliate has not been placed on the convicted vendor list. (Please descnbe any action taken by or pending with the Department of General Services.) (-;, r.~c'_-' ~/ f {, I, (.." I \-~. r _:.; c:.J._ . ,/ . . "v. t. . --c, ,....._ C:J ~slgnature) iJ- ~ -3 .-~.? FORM PUR 7068 (Rev. 11/89) Date: I. SWORN STATEMENT UNDER ORDINANCE NO. 010.1990 MONROE COUNTY, FLOlUDA ETHICS CLAUSE ! ~} <y~,IJ (J/--C-( C /)tJ ,/{// (".-.5" warrants that it has not employed, retained or othcC\lt'isc had a.:t 00 Ita behalf any tormer County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision tbe County max, in its discretion, terminate this contract without liability nnd may also. in its discretion, deduct from the contract of purchase priee. or otherwise recover,. the r~1I ilmount of nn, fcc, commission, percentage, gift, Ot conSIderation paid to the former County officer or' employee. / ( I /-.1. I (, (I i 1-.~.1 -{, .~ ~ ~ 1 /, ~ / ~ ~,) (.L 2 ( < (5ignaturc) STATE OF r/JJ~Lu A4 7 COUNTY OF ~//&11Jr-M / Date: , i/ .:;1 " c', / II PERSQ.NALL Y APPEARED BEFORE ME., the undersigned autho,rity. l '~\V::\,,\\: \\ \ l ~ ., who, after first being swam by me, aIf'DCcd his/her signature (name or individual signing) , ' space provided above on this . 'f \I \ day of '. '>,\). . \, \ ~ ' \ 'I: \ '. \ t \ NoT-AIl Y \ ~()aCIC .) ( \ \ '~,,,, , , ,-" '.;' in the , 19~ \ , --...,.. ,,\,' " . 1 ". ;.' My c:ommiuion cxpirea: (~i'Ml)' 1"1'"" TC .. i~Y'" .- iff (;I"; "" u; I'; ;, 'N >,:1 ,,' ~ ,~~r. 'HICl) r;'.~M-,A_,-; I~,