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2010-18 ' ITT Water & Wastewater Florida, LLC ITT Flygt Products 2152 Sprint Blvd. Apopka Florida 32703 Phone: 407 - 880 -2900 • Fax: 407 - 880 -2962 April 27, 2010 City of Clermont Attn: James Kinzler 3335 Hancock Road Clermont, Florida 34711 Mr. Kinzler, Thank you for your message regarding the service agreement dated February 12, 2008 which is currently in place between ITT / Flygt and the City of Clermont. ITT / Flygt is agreeable to a renewal of this contract as requested and we look forward to continuing our business relationship with the City of Clermont. As stated in paragraph 3 of the original agreement, the contract may be renewed for up to (3) additional 12 -month periods subject to revised pricing and labor rates. Our current rates are shown on the following pages and will become part of the agreement pending your approval of this extension. ITT / Flygt will honor this contract extension through December 31, 2011. Please sign and return a complete copy of this correspondence to our office at your earliest convenience. If you have any questions please feel free to contact me directly. Thank you for the continued opportunity to work with you. Regards, Date M. J.afuc Dale Jahn Sales Representative Accepted by: Signature ��eol�l 5 . / ti,eihde, —Th. Printed name & title Date FLYGT *4* I ITT Water & Wastewater Florida, LLC T T Flygt Products 2152 Sprint Blvd. Apopka Florida 32703 Phone: 407 - 880 -2900 • Fax: 407 - 880 -2962 FLYGT PUMPS, PARTS, & REPAIRS Pricing discount from list: Pumps -5% per published price list. Parts -5% per published price list. Location of Parts and Repair Facility: Apopka, FL. Parts will be delivered/shipped within 30 days ARO. Pumps will be repaired within a maximum of 10 days after repair approval. Contact person for new pump sales: Dale Jahn Contact person for new pump delivery: Tom Trent Contact person for parts delivery/inquiry: Dave Moffitt Contact person for pump repairs: Tom Palider After hours Emergency: 407 - 880 -2900 Warranty: New Pump: 5 year pro -rated warranty Parts we install: 1 year Repairs labor /material: lyear EXHIBIT A HOURLY PRICING SCHEDULE TASK ITT / FLYGT FIELD SERVICE WITH BOOM TRUCK $107 FIELD SERVICE WITH TRUCK $78 FIELD SERVICE SUNDAYS & HOLIDAYS $166 FIELD SERVICE — OVERTIME $117 SHOP RATE M -F 8 -5 $69 SHOP RATE OVERTIME $105 SHOP RATE SUNDAYS & HOLIDAYS $139 FLYGT „ ITT Water & Wastewater Florida, LLC ITT Flygt Products 2152 Sprint Blvd. Apopka Florida 32703 Phone: 407 - 880 -2900 • Fax: 407 - 880 -2962 ITT / FLYGT MISCELLANEOUS / ENVIRONMENTAL FEES PUMP MATERIAL & LUBE ENVIRONMENTAL 3067 $25 $31 3068 $25 $31 3085 $25 $31 3102 $25 $31 3127 $25 $31 3140 $37 $49 3152 $37 $49 3153 $37 $49 3170 $37 $49 3171 $37 $49 3201 $37 $49 3202 $37 $49 3300 $59 $66 3305 $59 $66 3306 $59 $66 3311/12 $59 $66 3350 -55 $59 $66 3356 $59 $66 3400 $59 $66 3500/600 $59 $66 3501 $59 $66 3530 $59 $66 3531 $59 $66 3601 $59 $66 3602 $59 $66 4351/52 $59 $66 4400 $59 $66 4610/20 $59 $66 4630/40 $59 $66 4650/60 $59 $66 4670/80 $59 $66 5150/60 $59 $66 7050/55 $59 $66 7060/61 $59 $66 7075/80 $59 $66 7100/15 $59 $66 7120/40 $59 $66 FLYGT AGREEMENT This agreement made and entered into on this Ill day of Fuse .9 2008 by and between The City of Clermont, hereinafter referred to as the "City" and ITT Flygt LLC hereinafter referred to as the "Contractor ". WITNESSETH: Whereas, City has previously determined that it has a need for FLYGT PUMPS, PARTS, & REPAIRS for 2008 and Whereas, Flygt Florida LLC is the only factory authorized repair facility in the state of Florida for Flygt Submersible Pumps and Now therefore, in consideration of the above and mutual covenants contained herein, the parties agree as follows: 1. Services to be performed. The Contractor hereby agrees to provide the City with the FLYGT PUMPS, PARTS, & REPAIRS for 2008, as requested in this agreement and all subsequent official documents that form the contract for documents for this contract. 2. Time of Service. Services shall be performed in a timely manner, as specified on the specifications page of this contract. 3. Terms of Agreement/Option of Renewal. This contract shall be in effect through December 31 2008. This contract may be renewed subject to revised pricing and labor rates for up to THREE (3) additional TWELVE (12) month periods. 4. Amendment of the Contract. This contract may be amended only by mutual written agreement of the parties. 5. Assignment/Subcontracting. The Contractor shall perform this contract. No assignment or subcontracting shall be allowed without prior written consent of the City. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) business days of the Contractors notice of such action or on the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall be reasonably exercised by the City shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a bid to a bidder which has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for the purpose of this agreement. -1- 6. Cancellation. City reserves the right to cancel this contract, without cause, by giving thirty (30) days prior written notice to the Contractor of the intention to cancel, or with cause if at any time the contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the Contractor to comply with any of the provisions of this contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of City. In addition to all other legal remedies available to the City, City reserves the right to cancel and obtain from another source any items which have not been provided within the period of time stated in the contract, or if no such time is stated, within a reasonable period of time from the date of order or request, as determined by the City. In addition, in the event that sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and the contract shall terminate on the last day of the then current fiscal period without penalty or expense to the City. 7. Compensation. City shall pay Contractor upon Contractor's completion of, and City's acceptance of, the services required herein. Prices shall remain firm for the duration of the contract. All payments shall be made in accordance with the Florida Prompt Payment Act, Fla. Stat. 218.70 et. seq. 8. Permits/Licenses. Contractor must secure and maintain any and all permits and licenses required to complete this contract. 9. Audit. The Contractor shall retain all records relating to this contract for a period of at least THREE (3) years after the final payment is made. All records shall be kept in such as way as will permit their inspection pursuant to Chapter 119, Florida statutes. In addition City reserves the right to audit such records pursuant to current code. 10. Minimum Insurance Requirements. The Contractor must retain insurance throughout the term of this contract. The Contractor must provide a certificate of insurance, evidencing coverage prior to issuance of a purchase order or commencement of any work under this contract. 11. Indemnification. Contractor shall indemnify, pay the cost of defense, including attorneys' fees, and hold harmless the city from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons or property by or from the said contractor; or by, or in consequence of any neglect in safeguarding the work; or by the use of unacceptable materials in the construction of improvements; or on account of any act or omission, neglect or misconduct of the said contractor; or by, or on account of, any claim or amounts -2- recovered under the "Workers' Compensation Law" or of any other laws, by -laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the City. The first ten dollars ($10.00) of compensation received by the Contractor represents specific consideration for this indemnification obligation. 12. Governing Law. The laws of the State of Florida shall govern this agreement. 13. Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. The Contractor is and shall remain an independent contractor and is neither agent, employee, partner, nor joint venture of the City. Contractor acknowledges that it is responsible for complying with the previsions of the Immigration Reform and Control Act of 1986 located at 8 U >S >C> 1324, et. seq., and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach and shall be grounds for immediate termination of the contract at the discretion of City. 14. Severability. The terms and conditions of this agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held illegal or void, such determination shall not effect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this agreement shall continue in full force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the agreement impossible of performance. 15. Documents Comprising Contract. The contract shall include this agreement for FLYGT PUMPS, PARTS, & REPAIRS 2008, as well as the following documents which are incorporated herein for reference: Contractors Certificate of Insurance Contractors Bid If there is a conflict between the terms of this agreement and the above referenced documents, then the conflict shall be resolved as follows: the terms of this agreement shall prevail over the other documents, and the terms of the remaining documents shall be given preference in their above listed order. -3- IN WITNESS WHEREOF, the parties herein have executed this agreement for FLYGT PUMPS, PARTS, & REPAIRS as of the day and year first written above. Contractor: ITT Flygt LLC City of Clermont, Florida ature) ames C. Randall a r oiri 5 _ tut' U 11e YY1 u.to.r Vice President (printed name & title) Attest: Atte • t / g • (signatur Fred Trumpler Operations Manager \ Of AC C v•d, e ,- f $2 Jer �- (printed name & title) of E8 14 2008 AP(DV r _. FLYGT PUMPS, PARTS, & REPAIRS ^ �r n AI� V i[ A Our discount from list: Pumps -5-% per 2008 Price List. Parts -5-% per 2008 Price List. FEB 1 9 2008 Location of Parts and Repair Facility: Apopka, FL. APOPKA Parts will be delivered /shipped within 30 days ARO. Pumps will be repaired within a maximum of 10 days after repair approval. Contact Person for new pump delivery: Judy Kelly Contact Person for parts delivery /inquiry Dave Moffitt Contact person for repairs Tom Palider After hours Emergency 407 - 880 -2900 Warranty: New Pump: 5 year pro -rated warranty Parts we install: 1 year Repairs labor /material: lyear EXHIBIT A HOURLY PRICING SCHEDULE ITT FLYGT TASK FIELD SERVICE WITH BOOM TRUCK $104 FIELD SERVICE WITH TRUCK $78 FIELD SERVICE SUNDAYS & HOLIDAYS $166 FIELD SERVICE - OVERTIME $117 SHOP RATE M -F 8 -5 $63 SHOP RATE OVERTIME $95 SHOP RATE SUNDAYS & HOLIDAYS $126 SEE NEXT PAGE FOR SPECIFIC PUMP REPAIR PRICING TT FLYGT FLORIDA 2008 LABOR RATES AND ENVIRONMENTAL FEES MINOR MAJOR MATERIAL & PUMP LABOR LABOR LUBE ENVIRONMENTAL 3067 $252 $315 $22 $28 3068 $252 $315 $22 $28 3085 $252 $315 $22 $28 3102 $315 $441 $22 $28 3127 $315 $441 $22 $28 3140 $378 $567 $33 $45 3152 $378 $567 $33 $45 3153 $378 $567 $33 $45 3170 $504 $630 $33 $45 3171 $504 $630 $33 $45 3201 $569 $693 $33 $45 3202 $569 $693 $33 $45 3300 $630 $819 $54 $61 3305 $756 $1,008 $54 $61 3306 $756 $1,008 $54 $61 3311/12 $1,008 $1,386 $54 $61 3350 -55 $1,134 $1,386 $54 $61 3356 $1,134 $1,386 $54 $61 3400 $1,638 $2,016 $54 $61 3500/600 $1,638 $2,016 $54 $61 3501 $1,638 $2,016 $54 $61 3530 $1,638 $2,016 $54 $61 3531 $1,638 $2,016 $54 $61 3601 $1,764 $2,142 $54 $61 3602 $1,764 $2,142 $54 $61 4351/52 $315 $504 $54 $61 4400 $347 $535 $54 $61 4610/20 $378 $504 $54 $61 4630/40 $441 $567 $54 $61 4650160 $567 $693 $54 $61 4670/80 $630 $756 $54 $61 5150/60 $1,008 $1,260 $54 $61 7050/55 $882 $1,134 $54 _ $61 7060/61 $945 $1,197 $ 54 $61 7075/80 $1,197 $1,512 $54 $61 7100/15 $1,440 $2,016 $54 $61 7120/40 $1,638 $2,142 $54 $61 IMIMIIIMIIIIIIIIMIIIIIIIIMMMNMMMMIMMMIMIIMIINIIMMMMIIIIIIIMIIIMIMMIIMMMIIIIIIIMMIMIMIII