Resolution 184-1989
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RESOLUTION NO. 184- 1989
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE
MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE AN
AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND
EXIDE ELECTRONICS, REGARDING RENEWAL OF
MAINTENANCE AGREEMENT FOR UPS System.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby
authorized to execute an agreement by and between the Board of
County
Commissioners
of Monroe County, Florida, and Exide
Electronics regarding renewal of a maintenance agreement for
Exide Electronics UPS System.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 4th day of April, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
/JlI~#/.4f
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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At!,vnf';"s Office
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County of Monroe
5825 Jr, College Rd. W.
Stock Island, FL 33040
Attn: George Harper
QUOTE:It SE0184
March 10, 1989
Reference: Exide Electronics UPS Model #1103, DU# 102949
Dear Mr. Harper,
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Our records indicate that the maintenance program that covers
your Exide Electronics UPS system will expire on 5-01-89
This coverage can be renewed for the next year at a cost of
$ 1200.00 ,The plan will continue to provide coverage 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 subject to change after thirty days.
If you have any questions, please contact our office at
404-991-1311.
WC:kw
BOARD OF COlNIY CCMUSSIONERS
OF MJNROE COUN1Y, FLORIDA
Bv:
NAME
***This renewal coverage is approved con-
tingent upon deletion of the last sente-
nance of Sec, 9 of the Master Maintenance
Agreement - Contract No, AM863S0, copy
attached, by deleting reference to said
Agreement being governed by the laws of
the State of North Carolina,
,1
Sincerely,
W~ ~;t:vJ
Wade Chandler
District Manager
(SEAL )
Mayor/Chairman
Attest:
TITLE
April 4. 1989
Clerk
DATE
2001 RIVERDALE COURT
~'ED
A 'OLE. A
BY )
Attormw'. 0IIite
SUITE B
COLLEGE PARK GEORGIA 30337
~XIDE ELECTRONICS
404991 .1311 FAX: 404996.3500
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r;~is Master
Maintenance Agreement, (Agreement) is made as of this day of
, 198_ by and betwe3'l Exide Electronics Corporation (hereinafter called
COUNTY OF MONROE (hereircrter
.~~~tr8ctor") and
~!led "Owner").
F-U{POSE ~r hereby purchases and Contractor hereby agrees to furnish certain maintenance services
co certain eQ.lipment, for the period beginning 5/2/88 and
er.ding 5/1/89 , end for the charges set forth below, Slbject to all
c1 the tcrms GO the face end reverse hereof and in such SchedJles listed below.
, mvERED mJIPI-ENT "Equipment", 8S used herein s.~11 mean the Lhinterruptable Power System ("tFS")
E..,"1Uip:nent listed below b'1 model f'Ul'ber, rating l'UTtler, description, man.Jfacturer and serial
r...JTOer.
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(L~ additional sheets 8S necessary, sign~ and dated by both parties.)
RaUnr] Serial r-urtler Description
S1100
3KVA
DU 102949
1103
240/240
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MAINTENANCE srnVI~-5 The Owner hereby contracts for the rollowing services to be furnished pu:'$wnt
to this Agreement for the EQ.Jl;nent as set forth in, and expressly llm1ted to, the correspc:ndlng
Schedule listed: (instruction - insert a check mark in the appropriate box indicating service(s) to
De purchased and "N/A" for all others: (1) (5XB) Preventive Maintenance Service for UPS ~dules _
SchedJle A- _; (2) _ (7)(24) Preventive Ma~tenance for l.FS Modules - Schedule A- _; (:3) L<5X8)
Full Maintenance for lPS Power totldule - Schedule A-.b.,.; (4) _ (7X24) Full Maintenance for Lf'S Power
toDdule - Schedule A- ; (5) Preventive l<4aintenance Inspection Attachment A- ; (6) First Year
Extended Warranty 1'0;- lPS ~ totldule - Schedule B- ; (7) Battery Maint~ - Schedule C- ;
(B) (SXB) Corrective Maintenance for Lf'S Power Module - ScheclJle 0- ; (9) (7X24) Corrective
Maintenance for lPS Power Mowle - ScheclJle 0-1.
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CHARGES Owner agrees to pay Contractor the total SUll or .A 0 :1. 0 0 . 0 0
~'sideration or the maintenance services to be furnished pursuant to this Agreement.
be I!l8de by Owner net thirty (;0) days or the date or invoice. 1I
.
in
Payment shall
ENTIRE AGREEoEm' This Agreement together with the termS on the reverse her~of end the terms of
ScheclJle(s) r:J - (, , ~ich are attnC'led end hereby
Ill8de 8 part of this JlgIl!ement, consltitute the entire Agreetrent bebeen the Parties.
EXI~ aECTRCJUCS CCRP'CRATI(}I
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1: . QgHH.,I(),-1S r.s n thi!:i Agreement: (1.1) "Power MoO-.Jle" shall :, ~ "]P<"tronics portt':':l " "
0.2) "Battery" sh:11.l. mcun the ell"Ctric storog.~ battery portion of an ups; U.~ er Syste!ll" silall ft..
Power ~ju~e and a1tterYi (1.4) "Owner" sj,all mean the end u~~r of a purchased Power System; (1.6) "p,~~e:
all uf its derivative forms shall Ifean in accord~ "ith publi;;hed Ed~~ Electronics specifications,
2. ~ttr{s PROFI1IETJlRY UFC1!M-l\TIl7.!: IUl infOlmation of l'he '.Mller shall be de~d non-ccnfidential 31'j
Contractor will be under roo duty of ncn-dlsclc~re l-'"'less both parties execute Contractor's Reciprocal N:Jr:..
Disclosure r~reement Form No.:
3. CT~rn 9::RVICE: The o.ner shall CCfxrU1icate only w1th the Feglcnal or F'ield Service Office or Exld.:
Electny,ics regarding all service and all otr.~r matters crlsir'9 cut of or relatil'Y:] to this rl9r~nt.
4. ~~~~: Contrectcr ~ill, nt its a~ ccst and exp~~se, obtain and maintain in full force and effect tr,~
followi;~) lr<!;urarce with sov:-d end reput2~le in3uY'ers' curing the ter:n of this Agreement: 0) l1orker's
CarrpC'flsstion !nsurnnce in ecccrdance with the statutory requlrement'3 01' U,e state in \:thich the r::aifitenn.nce 1:~
to be perfoT"".ed, (2) AiJ"mobile Liability ~_nsur8tY.:e 00 all moter vd"llclcs licensed for high1tay use, both ownd
and ~d, and, 0) CoTpI-ehe!1!:ive Uability insurance for bodily injury end property damage.
5, ""p.r~I\.'IT'T': Contractor shall perfo:"'1 all maintenance in a profe5s1onal and workmanlike name':. nil:3
lfARHANTY IS OO,ER'S s:u: REMEDY fln) !S EXffiESSL'( IN LIEU LF, ~o 1l'~ r.J\E. ~ On-c:R, EXPRESSED ~ II-RIt::-:)
G1.lAAJ\NTEES m '!1A.~IES rrnLDlt-G Nrf II-R.ICD W~~ANTY CY ~,.'.c..'lT~8ILIl'Y rn F'lTNE..'i:S Fen P\..RPG'::::.
Contractor I s obligation mder said Warrcnty is conditioned upoo receipt of all payTTel"lts dJe fro:-,' CM10:,~
including interest charges, if any,
6. ro.ssI(:1f~lT: Nei ther Owner nor DYltractor may assign ttds Agreement or any of its rights heret.onGer r::::-
delegate MY of its duties heret.roder without prior written consent of the other,
7. Hr~: COntractor GSSlJlleS no responsibility for any d:l!Toge or injury to any p~rsons z.iId prupe..: l'.y
cx.:ept such damage or injury that may be held to result solely aJ'"1d directly fr-.)l'l1 or out of (1) any g,~:;s~ i
negligent performance by COntractor of its obligations mder this Agreement or, (2) ~'Y willful misconduct en
tloe part of the Contractor, its agents, or employees.
8. ur,BIL!TY: Nabi thstanding anything in this AgreemEnt to the contrary, Contr~ctor shall not be liable i>"r
any indirect, Inci~ental, special or consequential damages, such as, but not limited to, loss of antlcipatr ~
profits, good will, or other economic loss In comection with, or arising out of the existence of, th~
furnishing, functioning, or the OWner's use of any 1 tern of Equipment or servIces provided ror in th",s
Agreement, whether or not the possibility of damage .~s disclosed to Contractor or could have been re8sor~b'/
foreseen by Contractor.
9. t-HsrrLLANECJ]5: tbt withstanding anything in this Agreerrent to the contrary, either Owner or COntractc,;:
may terminate this Agreement at any time, upon thirty (0) days written notice, if the other falls to perfCl:1
any of its material obligations heremder within that 3O-day period. This Agreement shall not be binding lI~nn
Contractor and Contractor shall be relieved of any and all obligations, llab 11 1 ties, and responsibiliti ':$
hereunder with regard to any Power Module and/or Battery that has been sLbject to neglect, accident, mizus",
misapplication, incorrect connection or external damage or that has been subject to repair or alteration n~t
authorized by Ca'ltractor in writil'Y:]. The terms and conditions of this Agreement csmot be modified or wa!vf:j
except by a writ1l'Y:] sl!;flE!d by the parties hereto and waiver by Contractor or Owner of any provision hereof L"
any cne instance shall not constitute Q ~aiver a5 to any other instance. If a provision of this Agreement -,::;
invalidated for any reason, this Agreement remains binding except for such invalid provision. Pny payment not
made ..nen clJe shall be stbject to an interest charge of 1.5X per month or ftaction theIf!Of. or maxi"-' 1.1:
permitted by law whichever is less, Additionally, if any payment is not made when due, Contractor r;o!;cr~'~~
the rlr;j'1t to ref'use to provide any fUrth~r services until such payment and the applicable interest h::rlp. bel:-'fl
received. lhil> I\~~t &1:1811 1:19 eElf'l:tFU89 Inaccordance--wUR BAcJ 5'3\'e",,~El by lews or ~ ~t8te -<8f tlC'r',:',
Co1!1'sHne
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SCHEDULE A-u
5 X 8 FULL MAINTENANCE FOR
SERIES 1000 UPS POWER MODULE
The 5 X 8 Full Maintenance for UPS Power \lodule includes Corrective Maintenance fer
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 Contractcr, 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 ~1aintenance 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
Contra,~tor; (2) in the event of Power System failure, record immediately, all alarm
reaeouts together with the Power Systems' serial number and Power System~r KW rating
at the request of Contractor. The owner shall, unless other...:ise specified in this
sgreeme!1t, maintain the Battery in strict accordance with the Battery Manufacturers'
recommended maintenance site at no cost to, and solely for the safety of, the
Contructor. Notwithstanding anything in the Agreement to the contrary, such
rcp:'csentl1tive shall have no authority to waive or modify the terms and conditions of the
Ag~'8ement. In order that Contractor may perform its obligations under this Agreement,
Own~r shall grant Contractor ready access to the PO'..'ier System subject to re,1sorl~blc
security requirements.
If the Power :\1odule fails to function properly, the Owner should notify the Regional or
District Field Service 0 ffice of Contractor which will send a repl'esentative bet"ne'.:n the
house of 8 :\:\1 and 5 P:\l, :\!onday through Fridays, to inspect and repair ti~e Power
:\lodule so that it functions properly:
Corrective :\laintenance provided by Contractor shall include, and be expressly limited
to, maintenance for ordinary wear and tear to the Power :\lodule, travel expenses, all
necessary parts replacements, adjustments, and repairs. If the Owner maintains sRare
parts at the maintenance. site, Contractor may, as its option, use those site spare par:s in
the performance of Corrective l\laintenance. 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 :\Iaster :\laintenance Agreement: WARRANTY: Contractor shall
perform all maintenance in a professional and workmanlike manner, provtded that Owner
shall meet its obligations set forth herein, Contractor warranty that the Power i\lodule
shall be made to function in accordance wLth published Exide Electronics specifications.
THIS WARRANTY IS OWNER'S SOLE RE:\IEDY AND IS EXPRESSLY ~~ LIEU OF, AND
THERE ARE NO OTHER, EXPRESSED OR J;\lPLIf.:D GUARANTEES OR WARRANTIES
INCLUDING ANY DIPLIED WARRANTY OF I\1ERCHANTABILITY OR FITNESS FOR
PURPOSE. Contractors' obligHtions under said Warrnnty are conditioned upon receipt of
all payments due from Owner including interest charges, if any.
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FULL MAINTENANCE CONTRACTS
- 7 X 24 Coverage
$2140.00
- 5 X 8 Coverage
$1200.00
CORRECTIVE MAINTENANCE CONTRACTS
- 7 X 24 Coverage
$1530.00
- 5 X 8 Coverage
$930.00
PREVENTIVE MAINTENANCE CONTRACTS
- 7 X 24 Coverage
$1330.00
- 5 X 8 Coverage
$575.00
EXTENDED WARRANTY CONTRACT
N/A
NOTES:
7 X 24 Coverage:
5 X 8 Coverage:
\
Service is provided 7 days a week, 24 hours a day.
Service is provided 8AM to SPM, Monday through Friday.
Any requested service outside these hour~ is billable
at our current rates. .
Full ~laintenance: 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 gO-day limited warranty on labor and expenses
to one year to coincide with one-year parts warranty.
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, CUSTOMER SUPPORT
OPERATIONS
EXIDE ELECTRONICS
TIME AND MATERIAL SERVICE RATE SCHEDULE
The following rate schedule applies to ell non-warranty services
and non-eentracted serv1ces performed by Ex1de Electronics Cus-
tomer Support Operat1ons service personnel.
.,
1. LABOR
A.
Weekday Service
8AH-5PH, Monday-Friday
$ 95.00 per hour
$760.00 per day
B.
Weekday Overtime Service
5PM-8AH, Monday-Friday
$142.50 per hour
$1140.00 per day
C.
Saturday, Sunday And
Holiday Service
$ 190.00 per hour
$1520.00 pel:" day
!I. MINIMUM DILLING
Four (4) hours
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III. CALCULATION OF CHARGES
Portal to Portal
IV. EXPENSES
A. Travel
1. Automobile $.25/m11e fer actual
round trip miles
2. Public Transportation Actual cost
B. Li v 1 ng
1. Hotel
2. Meals
3. Rental Car
4. Other Incidental
Actual cost
Actual cost
Actual cost
Actual cost
\
Current List Price
V.
MATERIALS/PARTS USED
.
VI. EMERGENCY PARTS SHIPMENTS
A.
B.
Next Day Delivery
Counter to Counter
via Sprint, Dash, etc.
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$150.00
$250.00
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