2008-04AGREEMENT
This agreement made and entered into on this 1Jl day of FESa.~t~~ 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, & REPAIIZS 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 31St 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 maybe 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.
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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. sec ..
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
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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. Governin Law. The laws of the State of Florida shall govern this
agreement.
13. Independent Contractor Status and Compliance with the Immi rag tion
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. sec ., 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 Com rp icing Contract. The contract shall include this
agreement for FLYGT PUMPS, PARTS, & REPAIlZS 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.
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.,
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
~,,... 2-~t.G~G--4,
nature)
ames C. Randall ~ o S ~r `~ 11~e
Vice President (printed name & title)
Attest:
Fred Trumpler
Operations Manager
Atte t
(signatur
(printe name & title)
CEEB ~~ 2008
AP^"~,
FLYGT PUMPS, PARTS, & REPAIRS /~ ~r ~ y~ n
L"1C~ V rL V'1-
Our discount from list:
Pumps -5% per 2008 Price List.
Parts -5% per 2008 Price List. ~Eg ~ 9 2008
Location of Parts and Repair Facility: Apopka, FL. A ~On~
Parts will be deliveredlshipped within 30 days ARO. f ~ r"
Pumps will be repaired within a maximum of 10 days after repair approval.
Contact Person for new pump delivery:
Contact Person for parts delivery/inquiry
Contact person for repairs
After hours Emergency
Warranty:
New Pump:
Parts we install:
Repairs labor/material
Judy Kelly
Dave Moffitt
Tom Palider
407-880-2900
5 year pro-rated warranty
1 year
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 $g5
SHOP RATE SUNDAYS & HOLIDAYS $126
SEE NEXT PAGE FOR SPECIFIC PUMP REPAIR PRICING
TT FLYGT FLORIDA
2008 LABOR RATES AND ENVIRONMENTAL FEES
PUMP MINOR
LABOR MAJOR
LABOR MATERIAL &
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
4650!60 $567 $693 $54 $61
4670/80 $630 $756 $54 $61
5150160 $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