Tanker 24 Sugarloaf & 47 Conch Key Fire DepartmentsAGREEMENT FOR REFURBISHING
TANKER 24 SUGARLOAF KEY FIRE DEPARTMENT
AND
TANKER 47 CONCH KEY FIRE DEPARTMENT
FOR THE BOARD OF GOVERNORS OF THE
LOWER AND MIDDLE KEY FIRE AND AMBULANCE DISTRICT
MONROE COUNTY, FLORIDA
AGREEMENT
71. 1 0
THIS AGREEMENT made and entered into this day of J ��- i 199x
A.D., by and between the the Board of Governors of the Lower and Middle
Keys Fire and Ambulance District of Monroe County, Florida, hereinafter
"COUNTY" and Pride, Inc., hereinafter "CONTRACTOR."
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WHEREAS: That the parties hereto, for the consideration hereafter set forth,
mutually agree as follows:
1. SCOPE OF THE WORK:
The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools,
apparatus, and transportation and perform all other work as described in the
Specifications for the refurbishment of two (2) 3,000 gallon Tankers(s). Monroe
County Tanker 47 Identification number 1433-61, VIN #IGDV9E4HIBV566579 and
Tanker 24, Identification number 1431-17, VIN #IGDV9E4HXBV566578 tQ the Board
of Governors, of the Lower and Middle Keys Fire and Ambulance Districi�f UMnrcw
County, Florida, as described in the CONTRACTORS Proposal: anXA&pthLe
documents which are hereto attached shall be made part of this agm r1t
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2. CONTRACT SUM := =
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a. The COUNTY agrees to pay for the refurbished apparatus inpe Man ner
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as set forth in the contract documents for the sum of ONE HUNDRM
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TWENTY FIVE THOUSAND DOLLARS AND 00 CENTS
($125,000.00), which includes all of the work described in the attached
specifications. There is also a contingency fee of $2,500.00 included in the
above sum for each tanker and any portion of the contingency fee not
used shall be deducted from the final invoice to be paid to the
CONTRACTOR within 30 working days after acceptance of the fire
apparatus at the Monroe County Fire -Rescue Office, Marathon, Monroe
County, Florida. Acceptance shall occur after the unit is received,
inspected and found to comply with specifications, free of damage or
defect and properly invoiced.
B. The County shall pay to the contractor for the faithful performance of the
Contract, in lawful money of the United States, based upon the prices shown on
the proposal, a copy of the proposal being part of the Specifications and the
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Contract Documents and options, the aggregate amount in the sum of
$125,000.00.
BASE PRICE ...................................................... $120,000.00
CONTINGENCY FEE .......................................... $5,000.00
TOTAL CONTRACT AMOUNT ......................... $125,000.00
3. GENERAL PROVISIONS
a. 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 any 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.
b. The CONTRACTOR, warrants that it has not employed, retained
or otherwise had act on its behalf any former 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 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 County officer of employee.
4. CONTRACT TERM
a. The Contract shall commence on the date on which the Contract is signed
by the last party of the two parties signing the Contract. Delivery to be
dependent upon availability of parts not exceed 120 days.
b. The CONTRACTOR will not be held liable for delay in delivery caused by
strikes, inability to obtain materials or equipment, production or
manufacturing problems. The CONTRACTOR shall not be liable for any
incidental damages caused by delays in delivery.
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5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
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 COUNTY than against the CONTRACTOR.
6. PARTIAL AND FINAL PAYMENT
a. The CONTRACTOR shall invoice the COUNTY, in accordance with
the pricing and terms as outlined in the contract documents. Invoices
shall be submitted to the Monroe County Fire Rescue Office, 490 63rd
Street, Ocean, Suite 160, Marathon, Florida 33050, for approval and
processing.
b. All payments shall be made directly to the CONTRACTOR at the
CONTRACTOR office, 3950, Tiger Bay Road, P.O. Box 16020, Daytona
Beach, Florida, 32120.
7. MODIFICATIONS AND AMENDMENTS
Any and all modifications of the goods required, and/or cost of goods to be delivered
shall be amended by an Agreement Amendment, which must be approved by the Board
of Governors of the Lower and Middle Keys Fire and Ambulance District of Monroe
County, Florida, and such modification shall not become effective until approved in
writing by the COUNTY.
8. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder CONTRACTOR is an independent contractor
and not an employee of the Board of Governors of the Lower and Middle Keys Fire and
Ambulance District of Monroe County, Florida. No statement contained in this
Agreement shall be construed so as to find the CONTRACTOR or any of his/her
employees, contractors, servants, or agents to be employees of the Board of Governors of
the Lower and Middle Keys Fire and Ambulance District of Monroe County, Florida, and
they shall be entitled to none of the rights, privileges, or benefits of employees of Monroe
County.
9. COMPLIANCE WITH LAW
In providing all services pursuant to this Agreement, the CONTRACTOR shall
abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of such goods, including those now in effect and
hereinafter adopted. Any violation of said statutes, ordinances, rules or
regulations shall constitute a material breach of this Agreement and shall entitle
the Board of Governors, of the Lower and Middle Keys Fire and Ambulance
District of Monroe County, Florida, to terminate this contract immediately upon
delivery of written notice of termination to the CONTRACTOR.
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CONTRACTOR: Pride of Florida 3950 tiger Bay Road, P.O. Box 10620, Daytona
Beach Florida
10. SUBCONTRACTING/ASSIGNMENT
CONTRACTOR shall not assign, sublet, subcontract, sell or transfer any interest
in this contract without the prior written consent of the COUNTY thereto.
11. NOTICE -- GENERAL
Any notice or notices required or permitted to be given pursuant to this
contract may be personally served on the other party by the party giving
such notice, or may be served by certified mail, return receipt requested, to
the following addresses:
PURCHASER: Fire Rescue Office, 490 63=d Street, Ocean, Suite 160,
Marathon, Florida 33050
CONTRACTOR: Pride efFAJevida 3950 tiger Bay Road, P.O. Box 10620,
Daytona Beach Florida
12. ANTI DISCRIMINATION
CONTRACTOR agrees they will not discriminate against any of their employees
or applicants for employment or against persons for any other benefit or service,
because of their race, color, religion, sex, or national origin, or physical or mental
handicap where the handicap does not affect the ability of an individual to
perform in a position of employment and to abide by all Federal and State laws
regarding non-discrimination.
13. NON WAVIER
Any waiver of any breach of covenants herein contained to be kept and
performed by the CONTRACTOR shall not be deemed or considered as a
continuing waiver and shall not operate to bar or prevent the COUNTY from
declaring a forfeiture for any succeeding breach either of the same conditions or
covenants or otherwise.
14. CONTRACTOR -- GENERAL
The CONTRACTOR warrants that it is authorized by law to engage in the
performance of the activities encompassed the program herein described, subject
to the terms and conditions set forth in the Attachments, which are attached
hereto and incorporated herein as part of this Agreement.
Each of the signatories for the CONTRACTOR, below, certifies and warrants
that:
a. The CONTRACTOR'S name in this Agreement is the full name as designated
in its corporate charter, if CONTRACTOR is a corporation; otherwise
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CONTRACTOR'S name is the business entity, whether partnership of sole
proprietorship, under which CONTRACTOR normally conducts business.
b. They are empowered to act and contract for the CONTRACTOR, and
c. This Agreement has been approved by the Board of Directors of
CONTRACTOR, if the CONTRACTOR is a corporation.
d. A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties hereto with
respect to the subject matter hereof and superseded any and all prior agreements
with respect to such subject matter between CONTRACTOR and the FIRE
RESCUE Office or the COUNTY.
16. CONSENT TO JURISDICTION
This Agreement, its performance, and all disputes arising hereunder, shall be
governed by the laws of the State of Florida, and both parties agree that a proper
venue for any action shall be Monroe County.
17. CONDITIONS OF TERMINATION:
a. The performance of work or provision of goods under this agreement may be
terminated, delayed, or temporarily suspended by the COUNTY, in whole or in
part, from time to time, wherever the COUNTY shall determine that such
termination is in the best interest of the COUNTY. The COUNTY shall pay all
reasonable costs incurred by the CONTRACTOR up to the time of termination,
and all reasonable costs to the CONTRACTOR associated with termination.
b. If the CONTRACTOR fails to fulfill the terms of this agreement, or
attachments, properly or on time, or otherwise violates the provisions of the
agreement or of applicable laws or regulations governing the use of funds, the
COUNTY may terminate the contract by written notice of 15 days. The notice
shall specify cause. The COUNTY shall pay the CONTRACTOR fair and
equitable compensation for expenses incurred prior to termination of the
agreement, less any amount of damages caused by the CONTRACTOR'S breach.
If the damages are more than compensation payable, the CONTRACTOR will
remain liable after termination and the COUNTY can affirmatively collect
damages.
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18. INSPECTION AND CORRECTIONS
The COUNTY shall have the right to inspect the fire apparatus at the factory and
at the time and place of delivery. Time limited on acceptance and discrepancy
correction shall not exceed 30 days. In the event of any deviations from
specifications, the CONTRACTOR shall have the necessary time to inspect the
apparatus and make any necessary changes or corrections. Nothing in this
paragraph shall affect any warranties for the apparatus, patent and royalty
indemnification, or any other obligation of the CONTRACTOR under this
agreement (including the Specifications which are a part hereof) extending
beyond the date of the COUNTY'S acceptance of the fire apparatus.
19. WARRANTY
a. The warranties that are stated in the CONTRACTOR's proposal or this
agreement are the only warranties given under this contract and the
CONTRACTOR disclaims all other warranties, both express and implied,
including any implied warranty of merchant ability or fitness for a particular
purpose. The CONTRACTOR shall not be liable for incidental or consequential
damages resulting from a breach of any warranty.
b. The CONTRACTOR does not warrant the chassis and the COUNTY must look
to the chassis manufacturer for any warranties other than those specifically
called for in the specification contract the day and year first above written.
c. The contractor shall warrant his mechanical work for a period of 12 calendar
months from the day of delivery of the apparatus(s) to the County.
IN WITNESS WHEREOF, the parties hereto have executed this contract the day
and year first above written
BOARD OF OVE NORS OF THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE
DISTRICT M ROE CO , FLO DA
Y
�D"�-CHAIRMAN g,rt-h l7oya ass
(SEAL)
ATTEST: Danny L. Kolhage, Clerk
CLERK
Prison Rehabilitative Industries
CORPORATION &Diversified rises , Inc .
Robert M. Smith
AUTHORIZED REPRETTAJ'A'_1
TIVE - & CFO
WITNESS (/
A00ROVED AS TO FORM
A AL FF IE
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IE
6/24/98 DATE