Item C06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
04/19. 20 2000
Division:
Public Works
Bulk Item: Yes -----X- No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval and authorization to renew contract with Siemens Building
Technologies, Inc., and authorization for Mayor to execute same.
ITEM BACKGROUND: Siemens Building Technologies, Inc. performs the testing, certification, and
maintenance of the Monroe County Detention Center fire alann system, building automation system and
smoke control system; the Sheriff's Administration Building fire alann system and building automation
system; and the Courthouse Annex fire alann system, in the amount of $66,356.00 per year. The current
contract agreement with Siemens Building Technologies, Inc. expires on May 31, 2000. In accordance
with Section III, Article 3.12 of said agreement, the County exercises its option to renew.
PREVIOUS RELEVANT BOCC ACTION: On May 13,1998, BOCC granted approval and authorized
execution of a contract with Siemens Building Technologies, Inc., in the amount of $66,356.00 annually,
and on April 14, 1999, BOCC granted approval and authorized execution ofa Renewal Agreement.
STAFF RECOMMENDATION: Same as stated above,
TOTAL COST: $66.356.00
BUDGETED: Yes X
Account # 101-20505-530-340
NO
Cost to County: $66.356.00
REVENUE PRODUCING: YES
NO l AMOUNT PER MONTH
YEAR
Item Prepared b .
OMBlPurchasing _ Risk Management
APPROVED BY:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included -----X- To follow
Not required
AGENDA ITEM # ~
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract Manager: ~ &~/'nb7~
(Name) ~,o /
for HOeC meeting on ~/ ~/ .12J::)
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(Ex!.)
(Jrrl!'e-l; A.Jv'
(Deparlment)
Agenda Deadline:
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CONT~T COSTS
Total Dollar Value of Contract: $~~ Ja ~ Current Year Portion: ~ ):2 J It _ ~
Budgeted? Yes V No Account Codes:~-~,os -,,'5:"~-l~'O- .
Grant: $
County Match: $
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(cg. mainlenance, utilities, janilorial, salaries, ele.)
Date In Date Out
~ 3 II/If!)
Division Director -.11 J!1J/iL ( )
Risk Management :2J LJ oQ ( ...3 I '6 I Go
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O.M.B.lPur lasing
Comments :
OM13 Form Revised 1l/24195 Mep H2
RENEWAL AGREEMENT
(Certification, Maintenance, and Testing Service Agreement for the following: I) Detention Facility Fire
Alarm System, Building Automation System & Smoke Control System; 2) Sheriffs Administration
Building Fire Alarm System and Building Automation System; and, 3) Courthouse Annex Fire Alarm
System in Monroe County Florida.)
THIS RENEWAL AGREEMENT is made and entered into this 19 th day of April,
2000, between the COUNTY OF MONROE and SIEMENS BUILDING
TECHNOLOGIES, INC. f/k1a Landis & Staefa, Inc. in order to renew the original
agreement between the parties dated May 13, 1998, as renewed on April 14, 1999 (a copy
of which is incorporated hereto by reference) ; as follows:
1. In accordance with Section Three 3.12 of the May 131\ 1998 agreement, the
County exercises its option to renew that Agreement for an additional year.
2. Payment by the County to Siemens BuildingTechnologies, Inc. for the services
provided remains at $66,356.00 per year.
3. The term of the renewed agreement will commence on June 1,2000 and terminate
on May 31, 2001.
4. In all other respects, including the amount of compensation due to Siemens
Building Technologies, Inc. the May 13, 1998 original agreement between the
parties remains in full force and effect.
IN WITNESS THEREOF, parties have hereunto set their hands and seal, the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
(SEAL)
BY:
Attest: DANNY L. KOLHAGE, CLERK
BY:
Deputy Clerk
SIEMENS BUILDING TECHNOLOGIES, INC.
BY:
Witness
Witness
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RENEW AL AGREEMENT
(eel t i1ical ion, Maintcnancc, and Tcsting Scrvice Agreement for the following: I) Detention I:ncility Fire
Alarm Systcm, Building Automation System & Smoke Control System; 2) Sherifrs Adminislrntion
Building Fire Alarm System and Building Automation System; and, 3) Courthouse Annex Fire Alarm
Systcm in Monroe County Florida.)
TIllS RENEWAL AGREEMENT 1:-- made and entered into this 14th day of April,
1999, between the COUNTY OF MONROE and SIEMENS BUILDING
TECHNOLOGIES, INC. flk/a Landis & Staefa, Inc. in order to renew the original
agreemcnt bctwcen the parties dated May 13, 1998 as follows:
I. In accordancc with Section Three 3.12 of the May 13th, 1998 agreemcnt, the
County exercises its option to renew that Agreement for an additional year.
2. Payment by the County to Siemens BuildingTecImologies, Inc. for thc services
provided remains at $66,356.00 per year.
3. The tenn of the renewed agreement will commence on June 1, 1999 and terminate
on May 31, 2000.
4. In all other respects, including the amount of compensation due to Siemens
Building Technologies, Inc. the May 13, 1998 original agreement between the
parties remains in full force and effect.
,. 4!; 1 WITNESS TI-! ~. ~: .)i~~. have hereunto set their hands and seal, the duy and
,~~~ written J~)~'~~b\;ff~'" ~'~'>J
. .?t~ \ \~.... :1: BOARD OF COUNTY COMMISSIONERS OF MONROE
?\ -,/ ~(' .\! -, COUNTY, FLORIDA
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SECTION THHEE
CONTRACT AGREEMENT
Tllis agreement, made and entered into this 13 day of May, 1998,
A.D., by and between Monroe County, Florida, party of the first
part (hereinafter som.~ti es called the "Owner"), and Landis &
Staefa, Inc., party of the second part (hereinafter sometimes
called the "Contractor" .
WI TNESSED: Tha t the par Lies hereto, for the cons idera t ion
hereinafter set forth, mutually agree as follows:
3.01
SCOPE OF WORK
i
The Contractor shall furnish all labor, mater~als, equipment,
machinery, tools, ,apparatus, and transportation and perform all of
the work described in the Specification entitled:
,
CERTIFICATION, l"iAINTENANCE, AND TES'rING SEHVICE AGREEMENT
DE1'ENTION FACILITY
Fire Alarm System
Building Automation System
Smoke Control System
SHERIFF'S ADMINISTRATION BUILDING
Fire Alarm System
Building Automation System
C'oURTHOUSE ANNEX
Fire Alarm System
MONROE COUNTY, KEY WEST, FLORIDA
and ,his ,bid dated April 16'1. 1998, attached hereto and
incorporated as part of this contract document, and shall do
~' everything required by this Contract and other Contract Documents.
3.02 THE CONTRACT DOCUMENTS
a) The Contract Documents consist of this Contract Agreement, the
Request for Bids, the Specification Package, the Insur-
ance/Indemnification/Hold Harmless Documents, the Non-Collu-
sion Affidavit, the Drug-Free Work Place Form, and the Ethics
Clause. These form the Contract, and all are as fully a part
of the Contract as if attached to this Agreement or repeated
herein.
b) In cases of conflict within the described Contract Documents
in Article 1 of this Form of Agreement, the order of prece-
dence shall be as follows:
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] . 'I'll i s Contract. ^<Jn~l~nH~IlL
2. Specification Package
3. Requests for Bids
4. Insurance/Indemnification/Hold Harmless Documents
5. Non-Collusion Affidavit
6. Drug Free Workplace Form
7. Ethics Clause
3.03 ASSURANCE AGAINST DIsrRIMINATION
The CONTRACTOR shall not discriminate against any. person on the
basis of race, creed, color, national origin, sex, age, or any
other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating, or pny other area
affecting employment under this agreement 9r with the provision of
services or goods.under this agreement.
3.04
ASSIGNMENT
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a) The CON'I'RACTOR sha 11 not ass ign th is agreement, except in
writing and with the prior written approval of the OWNER and
CONTRACTOR, which approval shall be subject to such conditions
and prov i s ions as the OWNER and CONTRACTOR deem necessary.
This agreement shall be incorporated by reference into any
assignment and any assignee shall comply with all of the
provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed
to impose any obligation upon the OWNER in addi tion to the
total agreed-upon price of the services/goods of the CONTRAC-
TOR. '
b) CON1'RACTOR sha 11 not employ any Subcontractor, Suppl ier or
other person or organization, whether initially or as a
substitute, against whom OWNER may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor,
Supplier or other person or organization to furnish to perform
any of the Work against whom CONTRACTOR has reasonable
objection.
3.05 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the
CONTRACTOH. shall abide by all statutes, ordinances, rules and
regulations pertaining to, or regulating the provisions of, such
serv ices, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulations
shall consti tute a material breach of this agreement and shall
enti tIe the OWNER to terminate this contract immediately upon
delivery of written notice of termination to the CONTRACTOR.
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.l.O(1 LA130H, MATERIALS AND EQUIPMEN'f:
(I) CONTHACTOH shall provide competent, suitably qualified
personnel to perform the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain good disci-
pline and order at the facility.
b) All materials and equipment shall be of good quality and new,
except as otherwise provided in the Contract Documents. If
required by the OWNER, CONTRACTOR shall furnish satisfactory
evidence (including reports of required tests) :as to the kind
and quality of materials and equipment. Original invoices
will be submitted to the OWNER for reimbursement. All
materials and equipment shall be applied, ins~alled, connect-
ed, erected, used, cleaned and conditioned in 'accordance with
the instructiGns of the applicable Supplier except as other-
wise provided in the Contract Documents.
.
c) The O\-JNER is tax exempt and reserves- the right to purchase
directly various materials and equipment that may be a part of
the CONTHACT. I f the OWNER elects to make a particular
purchase, the Director of Facilities Maintenance, Public Works
Division, will act as a purchasing agent for the OWNER. The
OWNER will, via a Purchase Contract, purchase the materials
and equipment, and the Contractor shall assist the Director
of Facilities Maintenance, Public Works Division in the
preparation of these Purchase Contracts.
d)
Independent Contractor Status and Compliance
Immigration Reform and Control Act of 1986.
with
the
At all times and for all purposes under this agreement the
CONTRACTOR is an independent contractor and not an employee of
the OWNER. 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 OWNER. The CONTRACTOR acknowledges that it is responsible
for complying with the provisions of the Immigration Reform
and Control Act of 1986, located at 8 V.S.C. Section 1324, et
seq" and regulations relating thereto. Failure to comply
with the above provisions of this contract shall be considered
a material breach and shall be grounds for immediate
termination of the contract.
e) The OWNER designates the Director of Facilities Maintenance,
Publ ic Works Divis ion, to function as Contract Manager I who
shall be responsible for enforcing performance of the Contract
terms and condi tions, serve as liaison wi th the contractor,
and approve all invoices prior to payment.
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3.07 SAFETY AND PROTECTION
a )
CON'l'HACTOH shall be I (~spunsible [or inilialing,
and supervising all safety precautions and
connection with the Work. CONTRACTOR shall take
precautions for the safety of, and shall provide
protection to prevent damage, injury or loss to:
maintaining
programs in
all necessary
the necessary
1) a 11 employees on tlw Work and other persons and
organizations who may be affected thereby;
2) all the Work and materials and equipment to be
incorporated therein, whether in storage on or
off the site; and
3) other property at the site or adjacent thGreto, including
trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities and underground facilities not
designated for n~lIloval, relocation or replacement in the
course of construction.
b) CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for t.he
safety of persons or property or to protect them from damage,
injury or loss; and shall erect and maintain all necessary
safeguards for such safeLy and protection.
c) The CONTRACTOR shall notify owners of adjacent property and of
underground facilities and utility owners when prosecution of
the Work may affect them, and shall cooperate wit.h them in the
protection, removal, relocation and replacement of their
property. All dama~e, injury or loss to any property~
directly or indirectly, in whole or in part, by CONTRACTOR;
any subcontractor, supplier or any other person or
organization directly or indirectly employed by any of them to
perform or furnish any of the Work or anyone for whose acts
any of them may be liable, shall be remedied by CONTRACTOR
(except damage or loss attributable to the acts or omissions
of OWNER or anyone employed by OWNER whose acts may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR).
3.08
EMERGENCIES
In emergencies affecting the safety or protection of persons or
the Work or property at the site or adjacent thereto, CONTRACTOR,
without. special instruction or authorization from OWNER, is obli-
gated to act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give OWNER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or variations
from the Contract Documents have been caused thereby.
3.09 SUSPENSION OF WORK AND TERMINATION
a) OWNER may terminate upon the occurrence of anyone or
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1 ) if CONTRACTOR commences a voluntary case under any
chapter of the Bankruptcy Code (Title 11, United States
Code), as now or hereafter in effect, or if CONTRACTOR
takes any equivalent or similar action by filing a peti-
tion or otherwise under any other federal or state law in
effect at such time relating to the bankruptcy or
insolvency;
2) if a l)(?Lition is filed against CONTRACTOR under any
chapter of the Bankruptcy Code as now or hereafter in
effect at the time of filing, or if a petition is filed
seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect
at the time relating to bankruptcy or inSOlvency;
3) if CONTHAC1'OH makps a gpn01-al assignmpnt for the benefit
of creditors;
4) if a trustee, receiver, custodian, or agent of CONTRACTOR
is appointed under applicable law or under contract,
whose appointment or authority to take charge of property
of CONTRACTOR is for the purpose of enforcing a lien
against such property or for the purpose of general
administration of such property for the benefit of
Contractor's creditors;
5) if CONTRACTOR admits in writing an inability to pay its
debts generally ~s they become due;
J
6) if CONTRACTOR persistently fails to perform the Work in
accordance wi th the Contract Documents (including, but
not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment);
7) if CONTRACTOR disregards Laws or Regulations of any
public body having jurisdiction;
8) if CONTRACTOR disregards the authority of OWNER; or
9) if CONTRACTOR otherwise violates in any substantial way
any provisions of the Contract Documents.
b) OWNER may, after giving CONTRACTOR (and the surety, if there
be one) seven days' written notice and to the extent permitted
by Laws and Regulation, terminate the services of CONTRACTOR,
exclude CONTRACTOR from the site and take possession of the
Work and of all Contractor's tools, appliance, and machinery
at the site and use the same to the full extent they could be
used by CONTRACTOR (without liability to the CONTRACTOR for
trespass or conversion), incorporate in the Work all materials
and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere, and finish the Work
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d:, Oh1NEH 111dY dc~om exppdi (~lIt . J II slJch Cd~;l~ CllNTH.AC'J'OH sha 11
nut. b(' ent i t Lc!d 1.0 rec(~ive allY 1Ul-t1H~I- payment. until thl' Work
is finished. If the unpaid balance 01 the Contract Price
exceeds the direct, i ndi rect and consequent i a 1 cos ts 0 f
completing the Work (including but not limited to fees and
charges 0 f eng ineers, archi tects, attorneys and other
professionals and court costs) such excess will be paid to
CONTRACTOR. If such costs exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER.
c) I-Jilen::. Contractor's services have been so terminated by OWNER,
the termi na tion will not affect any r igh ts o"r remedies of
OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by
OWNER will not release CONTRACTOR from liabili~y.
d) Upon seven days' wri tten notice to CONTRACTOR, OWNER may,
without cause and without prejudice to any other right or
remedy, eject to abandon the Work and ~erminate the Agreement.
In such case, CONTRACTOR shall be paid for all Work executed
and any expense sustained plus reasonable termination
expenses, which will include, but not be limited to direct,
indirect, and consequential costs (including, but not limited
to, iees and charges of engineers, architects, attorneys, and
other professionals and court costs).
e) Contractor may stop work or terminate:
If, through no act or fault of CONTRACTOR, the Work is sus-
pended for a period of more than ninety days by OWNER or under
an order of court or ~ther public authority, or OWNER fails to
act on any Application for Payment wi thin thirty (30) days
after it is submitted, or OWNER fails to pay CONTRACTOR an~
sum finally determined to be due within thirty (30) days after
it is determined to be due, then CONTRACTOR may, upon ninety
days' wri tten notice to OWNER, terminate the Agreement and
recover from OWNER payment for all Work executed and any
expense sustained plus reasonable termination expenses. In
addition and in lieu of terminating the Agreement, if OWNER
has failed to act on an Application for Payment or has failed
to make any payment as aforesaid, CONTRACTOR may upon ninety
days' written notice to OWNER stop the Work until payment of
all amounts then due.
3.10
DISPUTE RESOLUTION
All claims, disputes and other matters in question between OWNER
and CONTRACTOR arising out of, or relating to the Contract Docu-
ments or the breach thereof (except for claims which have been
wai ved by the making or acceptance of final payment) will be
decided by a Court of Law in the County of Monroe in the State of
Florida. All procedures shall be subject to all the standard
practices of civil proceedings of the State of Florida. The
CONTRACTOR shall carryon the Work in accordance with the contract
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documpnts and without delay durjng disputps and disagreements with
the O\,yNEH.
3.11 TERM OF CONTRACT
This CONTRACT shall be for a twelve (12) month period beginning on
June 1, 1998 and terminating on May 31, 1999. The CONTRACT term
shall be renewable in accordance with Article 3.12.
3.12
RENEWAL
The OWNER shall have the option to renew this agreement after the
first year, and each succeeding year, for four (4)' additional one
year periods. The contract amount agreed herein may be adjusted
annually in accordance with the percentage change in the Consumer
Price Index (CPI) for Wage Earners and Clericali Workers in the
Miami, Florida area index, and shall be based 'upon the annual
average cpr computation from January 1 through December 31 of the
previous year.
3.13 CANCELLATION
a) The County may cancel this contract for cause with seven (7)
days notice to the Contractor. Cause shall constitute a
breach of the obligations of the Contractor to perform the
services enumerated as the Contractor's obligations under this
contract.
b) Either of the parties hereto may cancel this agreement without
cause by giving the other party sixty (60) days written notice
of its intention to do so.
3.14 FUNDING AVAILABILITY
Notwithstanding anything contained elsewhere in this contract, if
funds for Facilities Maintenance Detention Facilities Contractual
Services are partially reduced or cannot be obtained or cannot be
continued at a level sufficient to allow for the purchase of the
services/goods specified herein, this agreement may then be
terminated immediately at the option of the OWNER by written
notice of termination delivered in person or by mail to the
CONTRACTOR. The OWNER shall not be obligated to pay for any
services provided or any equipment purchased by the CONTRACTOR
after the CONTRACTOR has received written notice of termination.
3.15 PROFESSIONAL RESPONSIBILITY
The CONTRACTOR warrants that it is authorized by law to engage in
the performance of the activities encompassed by the project
herein described. The Contractor shall at all times exercise
independent, professional judgment and shall assume professional
responsibility for the services to be provided. Continued funding
by the OWNER is contingent upon retention of appropriate local,
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CON'I'HAC'I'OH.
f edc'J-n ]
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3. ] 6
NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the
other party by certified mail, returned receipt requested, to the
following:
FOH 0\1NEH:
FOR CONTHACTOR:
Monroe County Public Works
Facilities Maintenance Dept.
3583 So. Roosevelt Blvd.
Key West, Florida 33040
Attn: Director of 'Facilities Maint.
Landis & Staefa, Inc.
10111 Business Drive
Marama~, FL 33025
3.17 PAYMENT
a) The OWNER shall pay to the CONTRACTOR for the performance of
said serv ices on a per quarter 1 y, in arrears basis on or
before the 1st day of the following month in each three (3)
month periods. The CONTRACTOR shall invoice the OWNER
quarterly for the maintenance and testing performed under the
Contract Documents contained herein. The Contract amount
shall be as stated by the CONTRACTORS proposal as follows:
Sixty Six Thousand Three Hundred Fifty Six Dollars and No
Cents ($66,356.00) per year, to be paid Sixteen Thousand Five
Hundred Eighty Nine pollars and No Cents ($16,589.00) per
quarter.
b) Travel Expenses - The OWNER shall compensate the CONTRACTOR
for travel and per diem expenses for emergency service at the
rates established by Florida Law (Florida Statue 112.061) and
County Administrative Instruction #1003.5, attached hereto and
incorporated as part. of this contract document. The
CONTRACTOR must receive approval from the OWNER for the
CONTRACTOR to be compensated for travel expenses. Approval
from the OWNER must be received by the CONTRACTOR prior to the
travel taking place.
c)
'I'he Owner shall compensate the
serv ices performed under Article
follows:
Contractor for additional
2.13 of this agreement, as
1) The actual cost of parts and materials Qurchased from the
manufacturer plus 30%. Manufacturer's Invoice must
accompany all requests for payment for any part which
exceeds $100.00, and may be requested at the discretion
of the Owner for any part, regardless of the cost.
2) The cost of labor and equipment used by the Contractor to
compensate the Contractor for additional services
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lcll)(H and equilJmenl custs \'IIill 00 calculal(~d using the
unit prices set forth in the Cont.n:H:tor's bid as follows:
a) Labor normal working hours of 8:00 a.m. to 5:00
p.m., Monday through Friday, excluding holidays _
$80.00 per hour.
b) Labor - overtime rate, other than the normal working
hours, including w00kcnds and holidays -
$120.00 per hour.
3 . 18 GENERAL
a) The duties and obligations imposed by these Geqeral Conditions
and the rights and remedies available hereunder to the parties
hereto, and,' in particular but without limitat-ion, the
warranties, guarantees and obligations imposed upon CONTRACTOR
and all of the rights and remedi~s available to OWNER
thereunder, are in addition to , and are not to be construed
in any way as a limitation of, any rights and remedies avail-
able to either or both of them which are otherwise imposed or
available by Laws or Regulations, by special warranty or
guarantee or by other prov i sions of the Contract Documents,
and the provisions of this paragraph will be as effective as
if repeated specifically in the Contract Documents in connec-
tion with each particular duty, obligation, right and remedy
to which they apply. All representations, warranties and
guarantees made in the Contract Documents will survive final
payment and terminatiQn or completion of the Agreement.
b) No provision of this agreement or the duty or obligation to
perform any act required by this Agreement shall be deemed
waived by the waiver of any particular act or occurrence of
breach.
c) This writing constitutes the entire expression of the parties
agreement and may not be contradicted, modified, explained or
supplemented by any prior written agreement or oral agreement
or any other prior written or oral communication.
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In wiLn('s~~ 'o./lll'I,.()j, t IH'! p()rLjt~s IH',"cLo have ex(~cuU~d this dqJ.'e(:~
mcnt Lilt' tidY dnd Y(~dr. firsL above written,
Attest: DANNY L. KOLI;,0GE;(.,:,-cJ..,~rk
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COUNTY OF MONROE, STATE OF
FLORIDA
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.j WI TNI~SS
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Contractor Rep.
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