Contract 2018-24DocuSign Envelope ID: 455BC75D-8D59-4690-AOB7-A3CBDFEE100B
CDERWONT
Choice of ChampicnsF'
April 27, 2023
Larry Davis, President
GenServe, LLC DBA L.J. Power Inc.
9301 Hwy 290 W, Unit 100
Austin, TX 78736
FREDDY L. SUAREZ
Procurement Services Director
Procurement Services Department
352-241-7350
fsuarez@clermontfl.org
Re: 3rd and Final Contract Renewal Notice for Generator Maintenance and Repair, No. 2018-24
Dear Mr. Davis:
The current awarded period on the above referenced contract is due to expire on April 9, 2023. There is a
provision for an extension in this contract for up to three (3) additional one (1) year terms. It is the intent
of the City to exercise the 3rd and final renewal option and extend the contract for an additional 1-year,
ending on April 9, 2024.
Please check "yes" or "no" at the bottom of this letter, with your signature and date, as to whether you are
interested or not extending the contract for an additional 1-year term. Your response should be received
in the Procurement Services Department no later than ten (10) business days from date of this letter.
Failure to respond will be deemed as silent evidence that your firm is not interested in renewing this
contract. Make sure to send a copy of your insurance certificate stating the City of Clermont as additional
insured to agates clermontfi.org.
Please feel free to contact me if you have any questions.
I want to extend the current contract for Generator Maintenance and Repair, No. 2018-24, for an additional
one (1) year term at the same terms and conditions.
x Yes
Larry Davis
Printed Name of Signer
Comments:
No FDOCUSigned by:
��>_ 4/27/2023
�--a&gnnature
President
Title of Signer
Date
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov
AGREEMENT FOR
GENERATOR MAINTENANCE AND REPAIR SERVICES
THIS AGREEMENT, is made and entered into this l U day of , epi/
2018, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "CITY"),and L.1 POWER, INC.,whose address is: 9301
Hwy. 290 West, Unit 100, Austin, TX 78736, (hereinafter referred to as
"CONTRACTOR").
WHEREAS, the City of Clermont issue RFB 18-018 titled Generator Maintenance and
Repair;
WHEREAS,CONTRACTOR submitted its response dated March 8, 2018 to RFB 18-018;
WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the
terms and conditions of RFB 18-018 and CONTRACTOR's response thereto;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I— SCOPE OF WORK
The CONTRACTOR shall furnish generator maintenance and repair services as described
in CITY's RFB 18-018 and CONTRACTOR's March 8, 2018 response thereto, which are
expressly incorporated herein and made a part of the Agreement Documents hereto and
shall do everything required by this Agreement and the Agreement Documents. Provided,
however, that nothing herein shall require CITY to purchase or acquire any items or
services from CONTRACTOR.
ARTICLE II—THE CONTRACT SUM
The CITY shall pay CONTRACTOR, for the faithful, accurate and complete performance
of services contemplated herein and based on authorized and approved request for services
as described in the Contract Documents, an amount set forth in the Price Schedule and
made a part of CONTRACTOR'S response to RFB 18-018 and as set forth in Exhibit"A",
attached hereto and incorporated herein.
ARTICLE III—PROVISION OF SERVICES AND COMPLETION OF WORK
1. The CONTRACTOR shall only provide to CITY maintenance and repair
services upon receipt of an authorized work order from CITY and shall provide
the services in the manner and timeframe as set forth in RFB 18-018.
2. CONTRACTOR, upon receipt of request for service hereunder shall
immediately notify CITY if it has an issue or question related to the fulfillment
of the order or whether there will be any delay in providing the services
1
requested.
3. It is expressly understood and agreed that the passing,approval and acceptance
of any repair services contemplated herein by CITY or by any agent of
representative as in compliance with the terms of this Contract shall not
operate as a waiver by the CITY of strict compliance with the terms of this
Contract and the CITY.
4. CONTRACTOR specifically acknowledges that this Contract does not bind or
obligate CITY to purchase any minimum quantity of services at any time
during the term thereof.
ARTICLE IV—PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery to CITY as set forth in the applicable purchase order. CITY shall make payment
to the CONTRACTOR for all accepted and undisputed services provided, within thirty
(30)calendar days of receipt of the invoice.
ARTICLE V—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties,and shall
remain in effect for a period of three (3) years thereafter, unless terminated or
renewed as provided for herein. Any expiration or termination of this Contract,
including any renewal term, shall continue to remain in full force and effect for
the purposes of any warranty of guarantee period applicable to any services
provided by CONTRACTOR. CITY at its sole option shall,upon written notice
to CONTRACTOR,have the right to renew this contract for three(3)additional
one (1) year terms. Except as provided below, CONTRACTOR expressly
agrees that the pricing as set forth in Exhibit A hereto, shall remain in effect
and constant throughout the entirety of any and all renewal periods hereunder.
2. Prior to completion of each exercised contract term,the CITY may consider an
adjustment to price based on changes on the U.S. Bureau of Statistics,
Consumer Price Index(CPI) for the most recent twelve(12)month period (see
http://www/bls.gov/cpi/cpi dr.htm Current Edition). It is the
CONTRACTOR'S responsibility to request in writing any price adjustment
under this provision. The CONTRACTOR'S written request for adjustment
should be submitted sixty(60)days prior to the anniversary date of the contract.
The CONTRACTOR adjustment request must clearly substantiate the
requested increase. The written request for adjustment should not be in excess
of the relevant price index change. If no adjustment request is received from
the CONTRACTOR, the CITY will assume that the CONTRACTOR has
agreed that the original term may be exercised without price adjustment. Any
adjustment request received after the commencement of a new option period
shall not be considered.
2
The CITY reserves the right to reject any written price adjustment submitted by
the CONTRACTOR or to not exercise any otherwise available option period
based on such price adjustments. Continuation of the contract beyond the initial
period,and any option subsequently exercised,is a CITY exclusive prerogative,
and not a right of the CONTRACTOR. This prerogative will be exercised only
when such continuation is clearly in the best interest of the CITY.
ARTICLE VI—TERMINATION
1. CITY may terminate this Contract for cause at any time and may also terminate
without cause upon thirty(30)days written notice to CONTRACTOR.
ARTICLE VII—COMMENCEMENT AND COMPLETION OF WORK
CITY shall authorize services to be provided hereunder by issuing a purchase order to
CONTRACTOR. Prior to the issuance of a purchase order, CITY shall notify
CONTRACTOR and CONTRACTOR shall, at its expense, within twenty-four (24)
business hours of such notification pick-up the subject tires.
ARTICLE VIII—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party. •
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont,Lake County,Florida,unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE IX—INSURANCE AND INDEMNIFICATION
1. CONTRACTOR shall provide the insurance as set forth in RFB 18-018 and the
Contract Documents.
2. To cover to the fullest extent permitted by law, the CONTRACTOR shall
indemnify and hold harmless the CITY and its agents and employees from and
against all claims, damages, losses and expenses, including but not limited to
attorney's fees, arising out of or resulting from the performance of the Scope of
Work hereunder, provided that any such claim, damage, loss or expense (1) is
attributed to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property, and (2) is caused in whole or in part by any negligent act of
omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly
3
employed by any of them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise reduce any
other right to obligation of indemnity which would otherwise exist as to any party
or person described in this Article. The CONTRACTOR hereby acknowledges
receipt of ten dollars and other good and valuable consideration from the CITY for
the indemnification provided herein.
ARTICLE X—NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: LJ Power, Inc.
9301 Hwy. 290 West, Unit 100
Austin,TX 78736
Attn: Larry Davis, President
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE XI—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically must be provided to the CITY in a format that
is compatible with the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
5
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE XII —CONTRACT DOCUMENTS
The Contract Documents,as listed below are herein made fully a part of this Agreement as
if herein repeated.
Document Precedence:
1. Contract Agreement
2. Purchase Order
3. All documents contained in City of Clermont RFB 18-018 and any amendments
thereto.
4. CONTRACTOR's March 8, 2018 response to RFB 18-018.
IN11
WITNESS WH REOF, the parties hereto have executed this Agreement on
this 1 V da of (i 2018.
City of lermont
Gail L. Ash, Mayo
Attest:
Tracy Ackroyd Howe, City Clerk
6
LJ Power, Inc.
By: 110
(Signature) }�
(Name&Title Printed or Typed)
Att
dA1214
Corporate Secretary
(Name Printed or Typed)
7
EXHIBIT A
SECTION - C
REVISED PRICE SCHEDULE
Table A- Full Maintenance Service: Conducted once every twelve (12) months.
1!=11 FMS Unit FMS Extended °l
L.N. Generator Description Qty./Unit
Price Price
A.1 0-75/kw. (all makes and models) 35/ea. $200.00 $7,000.00
A.2 76-125/kw. (all makes and models) 17/ea. $200.00 $3,400.00
A.3 126-250/kw. (all makes and models) 17/ea. $200.00 $3,400.00
A.4 251-500/kw. (all makes and models) 10/ea. $350.00 $3,500.00
A.5 501-1000/kw. (all makes and models) 3/ea. $700.00 $2,100.00
A.6 1001/kw. and larger (all makes and models) 2/ea. $950.00 $1,900.00
Table A Total Price"
$21,300.00
(Items A.1 to A.6)
Table B - Load Bank Analysis (3-4 Hour Testing): Conducted every 36 months
L.N. Generator Description Qty./Unit Load Analysis Load Analysis
Unit Price Extended Price
B.1 0-100/kw. (all makes and models) 35/ea. $287.50 $10.062.50
B.2 101-300/kw. (all makes and models) 17/ea. $350.00 $5,950.00
B.3 301-500/kw. (all makes and models) 17/ea. $462.50 $7.862.50
B.4 501-800/kw. (all makes and models) 10/ea. $600.00 $6,000.00
B.5 801-1250/kw. (all makes and models) 4/ea. $825.00 $3,300.00
B.6 1251/kw and greater.(all makes and models) 1/ea. $975.00 $975.00
Table B Total Price $34,150.00
(Items 6.1 to 6.6)
RFB No: 18-018
Page 18 of 36
SECTION — C
REVISED PRICE SCHEDULE
Table C — Fuel and Oil Analysis: Conducted every twelve (12) months
i' '
1
Description Qty./Unit Fuel Testing Oil Testing Fuel + Oil
Unit Price Unit Price Extended Price
C.1 0-75/kw. (all makes and models) 35/ea. $75.00 $25.00 $3,500.00
C.2 76-125/kw. (all makes and models) 17/ea. $75.00 $25.00 $1.700.00
C.3 126-250/kw. (all makes and models) 17/ea. $75.00 $25.00 $1.700.00
C.4 251-500/kw. (all makes and models) 10/ea. $75.00 $25.00 $1.000.00
C.5 501-1000/kw. (all makes and models) 3/ea. $75.00 $25.00 $300.00
C.6 1001/kw. and larger(all makes and 2/ea. $75.00 $25.00 $200.00
models)
Table C Total Price $8.400.00
(Items C.1 to C.6)
Total Combined Price
$63,850.00
(Table A Total Price+Table B Total Price+Table C Total Price)
HOURLY LABOR RATES
During Work Hours After Work Hours
8:00 am to 5:00 pm 5:01 pm to 7:59 am Weekends/ Holidays
Mon. —Fri. Mon. —Fri. 12:00 am to 11:59 pm
Service Rate Per Hour $85.00 $135.00 $135.00
Emergency Service Call
$100.00 Fee + Labor $100.00 Fee + Lbr
Additional Fee (if any) N/A N/A N/A
RFB No: 18-018
Page 19 of 36
SECTION — C
REVISED PRICE SCHEDULE
Price for replacement parts:
Contractor's cost plus percentage amount: 15
cyo
(Enter the percent markup only in the space provided above)
Warranty of service: 180 days labor, Parts= Manufacturer Warranty
By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this
solicitation, and is acting in an authorized capacity to execute this response. The respondent also certifies
that it can and will provide and make available, at a minimum, the items set forth in this solicitation.
Respondent Information and Signature
Company Name(print): LJ Power, Inc
Street Address: 345 West Drive Unit 4&5 Melbourne, FL 32904
Mailing Address(if different): 9301 Hwy 290 West Unit 100 Austin,TX 78736
Telephone: 737-703-5000 Fax: 737-703-5100
Email: I.davis@ljpower.net Payment Terms: 0 % days, net 30
FEIN: 47 - 1048260 Professional. License No.:
Signature: 7 Date: 3/7/18
Print Name: Larry Davis Title: President
Does the respondent accept payment using the City's MASTERCARD? DYes ❑ No
END OF SECTION —C
RFB No: 18-018
Page 20 of 36