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04/04/1989 r March 10, 1989 County of Monroe OUOTE # SE0184 '� 5825 Jr. College Rd. W. �� Stock Island, FL 33040 Attn: George Harper Reference: Exide Electronics UPS Model #1103, DU# 102949 Dear Mr. Harper, Our records indicate that the maintenance program that covers your Exide Electronics UPS system will expire on 5 -01 -89 This coveraae can be renewed for the next year at a cost of $ 1200.00 . The plan will continue to provide coveraae for all costs for emergency services that may be required. The terms and conditions of the previous contract will remain the same. The 5x8 Full Maintenance plan assures that you will receive the highest priority response in the event of an emergency. To insure that you continue to receive this preferred status, please sign and return this letter along with your purchase order. * ** Prices are subiect to change after thirty days. If you have any questions, please contact our office at 404 - 991 -1311. ** *This renewal coverage is approved con - Sincerely, tingent upon deletion of the last sente- cL /) nance of Sec. 9 of the Master Maintenance Wade Chandler Agreement - Contract No. AM86350, copy District Manager attached, by deleting reference to said Agreement being governed by the laws of WC:kw the State of North Carolina. BOARD OF COUNTY COMMISSIONERS OF MONROE CQ By: (SEAL) NAME Mayor /Chairman Attest : DANNY L. KOLHAGE, Clerk TITLE April 4, 1989 �&-74-j / _ / /0/ 12 DATE er 2001 RIVERDALE COURT A D LEA ED FTF O �ORM CIENCY SUITE B e EXIDE ELECTRONICS RY COLLEGE PARK. GEORGIA 30337 Attorney's Office 404 991 • 1311 FAX 404 006 • 1500 : r cartRACT l G£R j 1 i) / ' i S , ► EXIDE ELECTRONICS p r n y r ,-r rr- -- ; MA< Ut MA17dTE POREDOIT j_ 5 (�.. I �..J r.,.s Master Maintenance Agreement, (Agreement) is made as of this day of , 198 by and between Exide Electronics Corporation (hereinafter called •:'.:.Intractor ") and COUNTY OF MONROE ( hereirafter :ailed "Owner "). .. ' NPOSE Owner hereby purchases and Contractor hereby agrees to furnish certain maintenance services ' on certain equipment, for the period beginning 5/2/88 end e;.ding 5/1/89 , and for the charges set forth below, subject to all 4 c" the terms on the face end reverse hereof and in such Schedules listed below. [COVERED E JIPMENT "Equipment ", as used herein shall mean the Uninterruptable Power System ( "UPS ") Equipment listed below by model number, rating rimer, description, manufacturer and serial ranger. (Use additional sheets as necessary, signed and dated by both parties.) model Rating Serial Number Description 51103 3KVA DU 102949 1103 240/240 1 F _.; 1 . a k MAINTENANCE SERVICES The Owner hereby contracts for the following services to be furnished pursuant to this Agreement for the Equipment as set forth in, and expressly limited to, the corresponding Schedule listed: (instruction - insert a check mark in the appropriate box indicating service(s) to be purchased and "N /A" for all others: (1) _ ( 5X8) Preventive Maintenance Service for UPS modules - s. Schedule A _ ; (2) _ (7X24) Preventive Maintenance for UPS Modules - Schedule A- (3) "(5X8) ' Full Maintenance for UPS Power Module - Schedule A- (4) (7X24) Full Maintenance for UPS Power Module - Schedule A- ; (5) Preventive Maintenance Inspection Attachment A- ; (6) _ First Year 3 Extended Warranty for UPS Power Module - Schedule B-; (7) Battery Maintenance - Schedule C -; . � (8) -- (5X8) Corrective Maintenance for UPS Power Module - Schedule D-_; • (9) _ (7X24) Corrective Maintenance for UPS Power Module - Schedule D-1. . CHARGES Owner agrees to pay Contractor the total sun of ______4-#(Q () 0 . DO in consideration of the maintenance services to be furnished pursuant to this Agreement. Payment shall 1 be made by Owner net thirty (70) days of the date of invoice. . ENTIRE AGRED. TT This Agreement together with the terms on the reverse hereof and the terms of F Schedule(s) 13— (2 , which are attached and hereby made a part of this Agreement, consititutc the entire Agreement between the Parties. 1 t } EXIDE ELECTRONICS CORPORATION Company: t) fD Dt„hN'A-� . 7 "/- f - Date: � ' Date:- :r .]M .. 7 k . 1. ' DEFINITIONS As used In this Agreement: (1.1) "Power Module" shall e electronics parti ^n'. (1.2') "Battery" shall mean the electric storage battery portion of an UPS; (1.3) "Power System" shall T.. Power module and Battery; (1.4) "Owner" shall mean the end user of a purchased Power System; (1.6) "Prc;,e t all of its derivative forms shall man in accordance with pubiiehed Fite Electronics specifications. 2. OKN ERS PR[ T. FOR144TION: All information of the Owner shell be deemed non - confidential er s ee Contractor will be under no duty of non- disclosure unless both parties execute Contractor's Reciprocal No # Disclosure Agreement Form No.: 3. C'w`EB SERVICE: The Owner shall mranicatE. only with the Fegicnal or Field Service Office or Exide , Electronics regarding all service and all other matters erisIng out of or relating to this Agreement. 4. INe P N : Contractor will, at its on cost and expense, obtain and maintain in full force and effect tt.e following insurance with sound and reput.a_5le insurers 'during the tern of this Agreement: (1) Worker's Compensation Insurance in accordance with the statutory requirements of the state in which the maintenance le q; to be performed, (2) Au!omobile Liability insurance on all motor vcnicles licensed for highway use, both acelEi 1 , and non- owned, and, (3) Comprehensive Lability insurance for bodily injury and property damage. 5. WARRANTY: Contractor shall performs all maintenance in a professional and workmanlike donnee. THIS !' WARRANTY IS OWNER'S SOLE REMEDY AND IS EXPRESSLY IN LIEU OF, AND Te7U1E ARE NO OTHER, , E(PR SSED OR IMPLIETi .. GUARANTEES OR WIRRANTIrS INCLIDiINY, ANY IMPLIED VIA.r 4NTY OF r:MTC? OR FITNESS FOR PURP! . Contractor's obligation under said Warranty is conditioned upon receipt of all payments due from Own.a' i including interest charges, if any. 6. A S If.NAPIT: Neither Owner nor Contractor may assign this Agreement or any of its rights hereunder ce ` delegate any of its duties hereunder without prior written consent of the other. 7. IN Contractor assumes no responsibility for any damage or injury to any parsons and prcpc. =:y ' : except such damage or injury that may be held to result solely and directly from or out of (1) any gross ', 'Az t negligent performance by Contractor of its obligations under this Agreement or, (2) any willful misconduct cn the part of the Contractor, its agents, or employees. ±`y 8. LIABILITY: Notwithstanding anything in this Agreerent to the contrary, Contractor shall not be liable ?or any indirect, incidental, special or consequential damages, such es, but not limited to, loss of anticipatr' profits, good will, or other economic loss in correction with, or arising out of the existence of, ydhe furnishing, functioning, or the Owner's use of any item of Equipment or services provided for in this Agreement, whether or not the possibility of damage was disclosed to Contractor or could have been reason b1e foreseen by Contractor. 9. MISCELLANEOUS: Not withstanding anything in this Agreement to the contrary, either Owner or Contractor. `-. may terminate this Agreement at any time, upon thirty (30) days written notice, if the other fails to perfcle ' any of its material obligations hereunder within that 30 -day period. This Agreement shall not be binding upon Contractor and Contractor shall be relieved of any and ell obligations, liabilities, and responsibilities hereunder with regard to any Power Module and /or Battery that has been subject to neglect, accident, micunc,, I '. misapplication, incorrect connection or external damage or that has been subject to repair or alteration mt authorized by Contractor in writing. The terms and conditions of this Agreement cannot be modified or waived except by a writing signed by the parties hereto and waiver by Contractor or Owner of any provision hereof LI. any one instance i`wall not constitute a waiver as to any other instance. If a provision of this Agreement i. invalidated for any reason, this Agreement remains binding except for such invalid provision. Any payment not made when due shall be subject to an interest charge of 1.51E per month or fraction thereof, or maxir,m permitted by law whichever is less. Additionally, if any payment is not made when due, Contractor riser es r the right to refuse to provide any further services until such payment end the applicable interest have been received. - -in- -accordance --wit _ by— fla- . f ^ � FSC1706 . f • J SCHEDULE A-6 # 5 X 8 FULL MAINTENANCE FOR SERIES 1000 UPS POWER MODULE The 5 X 8 Full Maintenance for UPS Power Module includes Corrective Maintenance for , the Power Module as set forth below. Contractor shall, between the hours of 8 AM and 5 PM, Monday through Fridays, with the ., exception of holidays observed by Contractor, provide Corrective Maintenance for ordinary wear and tear to the Power Module Equipment and correct any Power Module Equipment which does not function properly. After each visit. Contractor will provide Owner with a written report describing the condition of the Power Module Equipment and any Corrective Maintenance performed by Contractor. The Owner shall from the commencement date of this Agreement: (1) maintain the ambient air temperature of the Power System area within the limits specified by Contractor; (2) in the event of Power System failure, record immediately, all alarm readouts together with the Power Systems' serial number and Power Systems' KW rating at the request of Contractor. The owner shall, unless otherwise specified in this .o agreement, maintain the Battery in strict accordance with the Battery Manufacturers' , recommended maintenance site at no cost to, and solely for the safety of, the Contractor. Notwithstanding anything in the Agreement to the contrary, such representative shall have no authority to waive or modify the terms and conditions of the Agreement. In order that Contractor may perform its obligations under this Agreement, Owner shall grant Contractor ready access to the Power System subject to reasonable security requirements. If the Power Module fails to function properly, the Owner should notify the Regional or District Field Service Office of Contractor which will send a representative between the • house of 8 AM and 5 PM, Monday through Fridays, to inspect and repair the Power Module so that it functions properly: `� Corrective Maintenance provided by Contractor shall include, and be expressly limited to, maintenance for ordinary wear and tear to the Power Module, travel expenses, all necessary parts replacements, adjustments, and repairs. If the Owner maintains spare parts at the maintenance.site, Contractor may, as its option, use those site spare parrs in the performance of Corrective Maintenance. Contractor shall replace the spare parts which it so uses. , The Warranty set forth below replaces the warranty contained in Paragraph 5 on the reverse side of the Master Maintenance Agreement: WARRANTY: Contractor shall perform all maintenance in a professional and workmanlike manner, provided that Owner shall meet its obligations set forth herein, Contractor warranty that the Power Module shall be made to function in accordance with published Exide Electronics specifications. THIS WARRANTY IS OWNER'S SOLE REMEDY AND IS EXPRESSLY bN LIEU OF, AND THERE ARE NO OTHER, EXPRESSED OR IMPLIED GUARANTEES OR WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. Contractors' obligations under said Warranty are conditioned upon receipt of all payments due from Owner including interest charges, if any. LGL:AGMT013g _ i { SlIUU (, 61200 HULL MAINTENANCE CONTRACTS It - 7 X 24 Coverage $2140.00 .i- - 5 X 8 Coverage $1200.00 4 1 CORRECTIVE MAINTENANCE CONTRACTS — 7 X 24 Coverage $1530.00 µ - 5 X 8 Coverage $930.00 1 1 PREVENTIVE MAINTENANCE CONTRACTS a A - 7 X 24 Coverage g $1330.00 - 5 X 8 Coverage $575.00 a a . o EXTENDED WARRANTY CONTRACT x N/A NOTES: 7 X 24 Coverage: Service is provided 7 days a week, 24 hours a day. 5 X 8 Coverage: Service is provided 8AM to 5PM, Monday through Friday. Any requested service outside these hourt is billable at our current rates.' . Full Maintenance: Contract covers labor, parts(excluding battery) and expenses for corrective service. Corrective Maintenance: Contract covers only labor and expenses for service. Needed parts are invoiced at our prevailing rate. Preventive Maintenance: Contract covers (1) major PM per year. Includes mechanical and electrical hceckout of module and system operation. Does not cover corrective maintenance. Extended Warranty : Extends 90 -day limited warranty on labor and expenses to one year to coincide with 0 0 one-year parts its wa Y r a r nt Y P y. • CUSTOMER SUPPORT OPERATIONS EXIDE ELECTRONICS TIME AND MATERIAL SERVICE RATE SCHEDULE The following rate schedule applies to all non - warranty services and non-contracted services performed by Exide Electronics Cus- tomer Support Operations service personnel. ti I. LABOR } A. Weekday Service 3 95.00 per hour 8AM -5PM, Monday- Friday 3760.00 per day B. Weekday Overtime Service 3142.50 per hour 5PM -8AM, Monday - Friday 31140.00 per day .t C. Saturday, Sunday And 3 190.00 per hour Holiday Service 31520.00 per day II. MINIMUM BILLING Four (4) hours III. CALCULATION OF CHARGES Portal to Portal IV. EXPENSES A. Travel 1. Automobile 9.25 /mile for actual round trip miles 2. Public Transportation Actual cost B. Living 1. Hotel Actual cost 2. Meals Actual cost 3. Rental Car Actual cost 4. Other Incidental Actual cost V. MATERIALS /PARTS USED Current 'List Price VI. EMERGENCY PARTS SHIPMENTS A. Next Day Delivery $150.00 B. - Counter to Counter $250.00 via Sprint, Dash, etc. • FSRS 11/10/87 — J */�+F+wRNMS•: 11/ ...•....c. •.-, -.a- M.......