HomeMy WebLinkAboutContract 2025-069A1
AGREEMENT No. 2025-069
AS-NEEDED PUMPS OVERHAUL AND RELATED EQUIPMENT REPAIR SERVICES
FOR WATER, WASTEWATER, AND RECLAIM TREATMENT PLANTS
THIS AGREEMENT is made and entered into this 1st day of August 2025, 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 PSI TECHNOLOGIES, INC., whose address is: 151 N Nob Hill Road, Suite 293, Plantation,
FL, 33324, (hereinafter referred to as "CONTRACTOR").
WHEREAS, Pasco County, through the public procurement process, awarded an Agreement for
As-Needed Pumps Overhaul and Related Equipment Repair Services for Water, Wastewater, and
Reclaim Treatment Plants Contract No. IFB-RH-23-078;
WHEREAS, CITY desires to utilize the above-referenced awarded bid, CONTRACTOR’s
response thereto, and Agreement in accordance with CITY’s procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and
conditions of the Pasco County Contract Number IFB-RH-23-078;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
1.SCOPE OF WORK
The CONTRACTOR shall furnish as-needed pumps overhaul and related equipment repair
services for water, wastewater, and reclaim treatment plants as described in the Pasco County
Contract Number IFB-RH-23-078, which is attached hereto and incorporated herein as Exhibit
"A" and shall perform everything required by this Agreement and the other exhibits attached
hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items
or services from CONTRACTOR that is not specified in CITY’s purchase order. To the extent of
a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement
shall prevail and govern. In all instances, the CITY purchasing policy, resolutions, and ordinances
shall apply.
2.THE CONTRACT SUM
CITY shall pay CONTRACTOR for the faithful performance of the Agreement as set forth in the
Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and
incorporated herein.
3.TERM AND TERMINATION
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A. This Agreement is to become effective upon execution by both parties, and shall remain
in effect until Wednesday, September 30, 2026 unless terminated or renewed by Pasco
County.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY’s
convenience upon thirty (30) days written notice to CONTRACTOR b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of
the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a
labor dispute, which threatens to have a substantial, adverse impact upon the performance
of this Agreement, without prejudice to any other right or remedy CITY may have under
this Agreement. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for work properly performed and accepted prior to the effective date of
termination.
C. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2)
additional one (1) year terms.
4. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to CITY the services contained under the Scope
of Work upon receipt of an authorized order from CITY and shall provide the requested
items in the timeframe and as set forth in Pasco County Contract Number IFB-RH-23-
078 or in the specific purchase order or authorized order submitted by CITY. Nothing
herein shall obligate CITY to purchase any specific amount of product from
CONTRACTOR or create an exclusive purchase agreement between CITY and
CONTRACTOR. CITY shall not be obligated or required to pay for any items received
until such time as CITY has accepted the items in accordance with the order provided to
CONTRACTOR.
B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if
there is an issue or question related to the fulfillment of the order or whether there will be
any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY
will preclude CONTRACTOR from seeking payment of any kind for any items that were
delayed in delivery. Upon receipt of notification of the delay, CITY may, at its sole
option, cancel the order and seek the items from any available source.
C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any
gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or
representative as in compliance with the terms of this Contract shall not operate as a
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waiver by the CITY of strict compliance with the terms of this Contract and the CITY
may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas,
and bio-diesel so as to comply with the warranties and specifications hereof.
D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
5. PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents, the CONTRACTOR
shall submit an invoice to the CITY upon completion of the services and delivery of products as
set forth in the applicable purchase order. The CITY shall make payment to the CONTRACTOR
for all accepted deliveries and undisputed products delivered and services provided within thirty
(30) calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION - MEDIATION
A. Any claim, dispute, or other matter 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.
B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes, and other
matters in question between them by mediation.
C. 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.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its employees connected with the work of this Project and, in case
any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide
Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall
comply with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the
CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR’s Commercial General Liability Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business Automobile Liability Insurance as shall protect it from claims for
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damage for personal injury, including accidental death, as well as claims for property damages
which may arise from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows:
A. CONTRACTOR’s Commercial General Liability, $1,000,000 Each ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
C. Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit
The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended
to provide coverage on an occurrence basis.
7.3. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses, and
expenses, including but not limited to reasonable attorney's fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself), and (2) is caused in whole or
in part by any negligent act or omission of the CONTRACTOR, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not such acts are 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; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
B. In any and all claims against the CITY or any of its agents or employees by any
employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and
valuable consideration from the CITY for the indemnification provided herein.
8. NOTICES
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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:
PSI Technologies, Inc.
151 N Nob Hill Road, Suite 293, Plantation, FL, 33324
Attn: Tommy Nichols, Engineered Product Sales
OWNER:
City of Clermont
685 W. Montrose Street, Clermont, FL 34711
Attn: Rick Van Wagner, Interim City Manager
Either party may change the name of the person receiving notices and the address at which notices
are received by so advising the other party in writing.
9.MISCELLANEOUS
9.1.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.
9.2.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.
9.3.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.
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9.4. 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.
9.5. 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.
9.6. Assignment
Except in the event of a 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.
9.7. 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.
9.8. 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.
9.9. Public Records
The CONTRACTOR expressly understands records associated with this project are public records
and agrees to comply with Florida’s Public Records law, including the following:
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
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 the termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. The CONTRACTOR shall make reasonable
efforts to provide all records stored electronically to the CITY in a format compatible
with the information technology systems of the CITY.
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E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE
CONTRACTOR SHALL CONTACT THE CITY’S CUSTODIAN OF PUBLIC
RECORDS AT THE CITY CLERK’S OFFICE, (352) 241-7331.
10. AGREEMENT DOCUMENTS
The Agreement Documents, as listed below, are herein made fully a part of this Agreement as if
herein repeated.
Document Precedence:
A. This Agreement
B. Purchase Order
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in the Pasco County Contract Number IFB-RH-23-078.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF CLERMONT ATTEST
**signature_30135**
SIGNATURE
Tim Murry
FULL NAME
Mayor
TITLE
**date_signed_30135**
DATE SIGNED
**signature_30136**
SIGNATURE
Tracy Ackroyd Howe
FULL NAME
City Clerk
TITLE
**date_signed_30136**
DATE SIGNED
STAMP
PSI TECHNOLOGIES, INC.
**signature_30137**
SIGNATURE
Eric Doverspike
FULL NAME
President/CEO
TITLE
**date_signed_30137**
DATE SIGNED
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8/19/2025
8/20/2025 8/20/2025
Exhibits List
A - IFB-RH-23-078 Agreement
B - IFB-RH-23-078 Pricing
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Exhibit A
IFB-RH-23-078 Agreement
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AGREEMENT
THIS AGREEMENT is entered by and between PASCO COUNW, FLORIDA, by and through its Board of County
Commissioners (hereinafter called "Owner") and PSI TECHNOTOGIES INC (hereinafter called "Contractor").
WITNESSETH:
WHEREAS, Owner desires to retain Contractor to provide AS NEEDED PUMPS OVERHAUL AND RELATED
EQUIPMENT REPAIR SERVICES FOR WATER, WASTEWATER, AND RECIAIM TREATMENT PTANTS; and
WHEREAS, Owner has selected Contractor in accordance with competitive bidding procedures; and
NOW, THEREFORE, in consideration of the premises set forth hereinabove, and of the mutual promises
hereinafter set forth, the sufficiency and adequacy of which are hereby acknowledged, the parties hereto,
intending to be legally bound hereby, agree as follows:
ARTICLE 1 . WORK
Contractor will furnish all labor, materials, equipment and incidentals required to rebuild and repair pumping
units and other related equipment and the purchase of repair or replacement parts for the various makes and
models of the pumping units within Pasco County, as specified herein.
The Project is administered by:
Public lnfrastructure
Pasco County Utilities Department
Who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and
authority assiSned to Owner's representative in the Contract Documents in connection with completion of the
Work in accordance with the Contract Documents.
ARTICTE 3 - CONTRACT TIME
Except as otherwise specified herein, the Agreement shall remain in full force and effective from
August 4, 2023, and continue through September 3e 2026, unless otherwise terminated or
extended as provided in this Agreement, subject to the Price Escalation terms described elsewhere
herein, unless cancelled in writing by Pasco County and if funds are available. The County reserves
3.1
WHEREAS, Contractor agrees to serve as Owner's Contractor for AS NEEDED PUMPS OVERHAUT AND
RELATED EQUIPMENT REPAIR SERVICES FOR WATER, WASTEWATER, AND RECTAIM TREATMENT PLANTS,
based upon the terms and conditions set forth in this Agreement.
ARTICTE 2 - OWNER'S REPRESENTATIVE
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the right to extend the contract, under the same prices, terms and conditions as in the original
contract approved by Pasco County for two additional one-year periods, as found to be in the best
interest of the County. All contracts are subject to the appropriation of funds by Pasco County.
3.2 In the event that a properly executed Work Order initiated within the initial term of the
Agreement, or Addendum to such Work Order requires or expressly permits work to be performed
by the Contractor after termination of this Agreement, such WORK ORDER or Addendum to such
Work Order shall automatically extend the effective period of the Agreement to coincide with the
completion date delineated in the Work Order or Addendum to such Work Order.
3.3 Each Work Order will be completed within the time stipulated in the Work Order Form.
3.4 Liquidated Damages. The Contractor agrees that should the Contractor fail to complete the work
as specified in any work as directed in the Work Order{s}, the Contractor shall pay the Owner for
delay and loss of use, and not as a penalty but as liquidated damages, the sum of One Hundred
Dollars and 00/100 ($100.00} for each calendar day after the date of completion listed in the Work
Order. Default days will be counted in calendar days, excluding Sundays and legal holidays.
ARTICLE 4 -CONTRACT PRICE
4.1
4.2
The Owner shall pay the Contractor for completion of the Work in current funds and in
accordance with the Contract Documents subject to the Not to Exceed amount of
$1,629,000.00, provided however, the Owner may increase this amount via unilateral Change
Order.
All incidental costs, including allowances for profit and tools of the trade, must be included in
the Contract bid prices.
ARTICLES -CONFLICTS
5.1 To the extent there is a conflict regarding indemnification and contract term between the
Instructions to bidders and this Agreement, the provisions of this Agreement will control.
ARTICLE 6 -TERMINATION OF AGREE MENT
6.1 In return for good and valuable consideration in the amount of $100.00, the receipt of which is
acknowledged by the Contractor, Owner may terminate or cancel this Agreement at its discretion
and termination will be effective, with cause immediately or without cause after 30 days, after
written notice has been provided to the Contractor.
6.2 Following termination, Owner shall make a settlement with the Contractor upon a pro rata basis
as determined by Owner, which will fix the value of the Services performed by the Contractor
prior to the termination or cancellation of this Agreement.
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ARTICTE 7 - CONTRACTOR,S REPRESENTATIONS
ln order to induce Owner to enter into this Agreement, Contractor makes the following representations:
7.t Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, site,
locality, and all local conditions and Laws and Regulations that in any manner may affect cost,
progress, performance, or furnishing of the Work.
7.2 Contractor understands the estimate of quantities of the various items of work and materials, if set
forth in the Proposal Form, is approximate only and is given solely to be used as a uniform basis for
the comparison of Proposals. The quantities actually required to complete the work may be less
or more than so estimated, and, if awarded a contract for the work specified, the Contractor
agrees that he will not make any claim for damages or for loss of profits or for an extension of time
because of a difference between the quantities of the various classes of work assumed for
comparison of Proposals and quantities of work actually performed. The Owner further reserves
the right to vary the quantities in any amount.
ARTICLE 8 . CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire Agreement between Owner and Contractor concerning
the Work, consist of the following:
8.1 This Agreement.
a.2 lnvitation to Bid
8.3 lnstructions to Bidders.
8.4 Conditions of Contract.
8.5 Proposal and Bid Forms
8.5 InsuranceCertificates.
8.7 Contract Forms
8.8 Specifications.
8.9 Exhibits.
8.10 Addenda numbers 1to 1 inclusive.
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8.11 Documents submitted by Contractor prior to Notice of Award (Bid Form, Offeror
lnformation/Certification Form, Bidder's Experience List, Key Personnel List, Miscellaneous Bid
Form, and Shop Evaluation Form, inclusive).
8.12 The following, which may be delivered or issued after the Effective Date of the Agreement and
are not attached hereto: Allwritten WORK ORDERS or authorizations; all written amendments;
and all other documents amending, modifying, or supplementing the Contract Documents.
There are no Contract Documents other than those listed above in this Article 8. The Contract Documents
may only be amended, modified, or supplemented as provided in the Conditions of Contract section of the
Contract Documents.
ARTICTE 9 . SUBCONTRACTORS
The Contractor shall not sublet, assign, or transfer any Goods and/or Services specifically set forth under this
Agreement without the prior written consent of Owner. All persons used by the Contractor for fulfilling the
requirements of this Agreement must be employees of the Contractor.
ARTICTE 10 - INDEMNIFICATION
10.1 The CONTRACTOR shall indemnify and hold harmless the COUNTY and the employees and
agents of the COUNTY from, and against, all liabilities, claims, suits, demands, damages, losses,
and expenses, including, but not limited to, attorneys'fees, arising out of, or resulting from, the
performance of the Work, provided that any such liability, claim, suit, demand, damage, loss, or
expense: (a) is attributable to bodily injury, sickness, disease or death, or injury to or
destruction of tangible property (other than the Work itself), including the loss of use resulting
therefrom; and (b) to the extent caused by an act or omission ofthe CONTRACTOR, any
SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose
acts any of them may be liable.
LO.2 ln any and all claims against the COUNTY, or against any of the agents or employees of the
COUNW, by any employee of the CONTRACTOR, any SUBCONTRACTOR, anyone directly or
indirealy employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligation under the previous paragraph will not be limited in any way as to the
amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or
any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other
employee benefit acts.
10.3 The coNTRAcroR shall indemnify and hold harmless the couNTy, and anyone directly or
indirectly employed by the coUNTy from and against all claims, suits, demands, damages,
losses, and expenses including, but not limited to, attorneys, fees, arising out of any
infringement of patent rights, copyrights, trademarks, trade dress, or other intellectual
property rights held by others, and shall defend all such claims in connection with any alleged
infringement of such rights.
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10.4 The CONTRACTOR shall, at the option of the COUNTY, underwrite on an interim basis all
expenses associated with the legal defense of the COUNTY, pending the outcome of any
litigation through appeal, with respect to any liabilities, claims, suits, demands, damages,
losses, and expenses, including, but not limited to, attorneys'fees, for which the CONTRACTOR
may be liable to the COUNTY, in whole or in part, pursuant to 10.1 - 10.3 above, irrespective of
whether said liabilities, claims, suits, demands, damages, losses, and expenses, including, but
not limited to, attorneys'fees, may ultimately be found by a court of law to have been caused,
in whole or in part, by the negligence or other fault of the COUNTY. ln discharging this duty to
the COUNW, the CONTRACTOR shall strictly account to the COUNTY on a monthly basis for all
expenditures so incurred. Upon the conclusion of any litigation through appeal, to the extent
that the CONTRACTOR has been found less than fully liable for any liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys'fees, the COUNTY shall reimburse
the CONTRACTOR for that portion of the reasonable costs of underwriting the legal defense of
the COUNTY.
10.5 Notwithstanding any language to the contrary which may be contained herein, the ultimate
duty of the CONTRACTOR to indemnify and hold the COUNTY harmless under this Article will be
limited to the extent that any liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees, are caused by the negligence, recklessness, or intentional wrongful
misconduct of the indemnifying party and persons employed or utilized by the indemnifying
party in the performance of the construction contract.
ARTICTE 11 - MISCETLANEOUS
11.1 Contractor shall provide Goods and/or perform all Services under this Agreement as an
independent contractor. Contractor will not be considered an agent of Owner nor will
Contracto/s subcontractors, suppliers, experts, or other persons, or organizations retained or
utilized by the Contractor be considered agents of Owner.
LL.z No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without written consent ofthe party sought to be bound; and
specifically but without limitation moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.5 With respect to, and in consideration for, the indemnification provided herein by the
CONTRACTOR, as well as the duty ofthe CONTRACTOR, at the option ofthe COUNTY, to
underwrite the legal defense of the COUNlry pending the outcome of any litigation through
appeal, the COUNTY agrees to pay to the CONTRACTOR, as separate consideration, the sum of
S100.00, the sufficiency and receipt of which is hereby acknowledged.
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11.3 Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, legal representatives in respect of all
covenants, agreements, and obligations contained in the Contract Documents.
7L.4 The Contractor hereby guarantees all work performed in accordance with the terms of the
Contract with Owner against defects due to faulty workmanship or materials for a period of 365
days from the date of service. During the period of the guarantee, the Contractor agrees to make
all repairs necessitated by reason of faulty workmanship or materials at no cost to the owner,
subject to the following additional conditions.
11.4.1 This guarantee is in addition to factory warranties covering certain equipment where
applicable under contract.
11.4.2 Nothing herein contained will serve to modify or limit the obligations of the Contractor to
faithfully fulfill and complete its obligations under the Contract.
11.4.3 Specifically excluded from this guarantee is maintenance of equipment or repair of any
damage caused by normal wear and tear, fire, windstorm, or other casualties.
11.5 The Agreement will be governed by and construed under the laws of the State of Florida
11.5 Venue for any action arising under this Agreement will lie in Pasco County, Florida at the West
Pasco Judicial Center.
7t.7 During the performance of this Agreement, the CONTRACTOR herein assures the COUNTY that
said CONTRACTOR is in compliance with Title Vll of the 1964 Civil Rights Act, as amended, and The
Florida Civil Rights Act of 1992 in that the CONTRACTOR does not on the grounds of race, color,
national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner
aSainst the employees ofthe coNTRACTOR or its applicants for employment. The coNTRACToR
understands and agrees that this Agreement is conditioned upon the veracity of this Statement of
Assurance. Furthermore, the CONTRACTOR herein assures the COUNTY that said CONTRACTOR
shall comply with Title Vl of the Civil Rights Act of 1964 when any Federal grant is involved. Other
applicable Federal and State laws, executive orders and regulations prohibiting the type of
discrimination as hereinabove delineated are included by this reference thereto. This Statement of
Assurance shall be interpreted to include Vietnam Era Veterans and Disabled Veterans within its
protective range of applicability.
11.8 Any notices or other writings permitted or required to be delivered as described and required
under the provisions of this Agreement must be delivered by sending the notice by Certified Mail,
Return Receipt Requested, and addressed as follows:
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lf to Ourner:
Pasco County Utilities
19420 Central Boulevard
Land O' Lakes, FL 34637
Attention:Branford Adumuah
Assistant County Administrator, Public lnf rastructure
lf to the Contractor:
PSI Technologies lnc
151 N Nob Hill Road
Suite 293
Plantation, FL 33324
Attention:Tommy Nichols
Engineered Product Sales
ARTICLE 12 - LAW COMPLIANCE
Each party will comply will all applicable Federal, State and Local laws, rules, regulations and guidelines, related
to performance under this Agreement. ln particular, the Contractor verifies and affirms that it is in compliance
with 8 USC Sec. 1324 prohibiting the employment either directly or by contract, subcontract or exchange of
unauthorized aliens in the United States. The Countywill considerthe employment of unauthorized aliens by
any Contractor during the term of the Agreement a violation of the lmmigration and Nationality Act. Such
violation will be cause for unilateral cancellation of this Agreement by the County.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Docusign Envelope ID: 7A255CF6-C10E-42B0-9631-8D84D9096B3A
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly
qualified representatives on the date noted below.
CONTRACTOR,
PSI TECHNOLOGIES INC
WITNESS:
By:~
Date: _____________ _ Patti Marchetti
Name
(SEAL)
-,.
::::
OWNER,
PASCO COUNTY, FLORIDA
By: t.kL-~
Jack Ma ~o,CHAIRMAN
Date: -----------
Docusign Envelope ID: 7A255CF6-C10E-42B0-9631-8D84D9096B3A
NOTARY ACKNOWLEDGMENT
STATE OF Ftf,2rgo
COUNTY OF 3Q,qa00
The foregoing instrument was acknowledged before me by means of I
[ ]onllne notarization on this I V day of August
Cbn{d Zl*,
Name typed, printed or stamped
J'l.o oJ! rc-
Title or rank /
ss
)
)
)
Xl physical presence or
2OE- by [os applicoble, complete one
of the choices belowl:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] patti Marchetti , who executed the foregoing instrument as [Title] Director/Secreta ry/Treasu rer
of [Corporation or Company Name] PSI Technologies lnc , a [check one] [ { corporation [ ] limited liability
company, organized under the laws of [State] Florida , and who severally and duly acknowledged the
execution of such instrument as aforesaid on behalf of the corporation or limited liability company.
FOR AN INDIVIDUAT ACTING IN HIS OR HER OWN RIGHT:
lNamel
FOR PARTNERSHIP:
IName]Partner (or Agent), on behalf of [Name of Partnershipl
, a [State] partnership.
Said person is rsonally known to m q or has produced as identification on behalf of
ologies lnc[Name, or Name of Corporation, Company , Partnership as ap le PSI T
Signature of person taking acknowledgment
REAFELTOHAR
Not.ry Publlc .St.te of Florjd.
Commrrllon, GG 976217
l.1y Comm. Erplr.r Jul 31, 2024
Bonded throlih National Notary Airn
Serial number (if any)
Docusign Envelope ID: 7A255CF6-C10E-42B0-9631-8D84D9096B3A
Exhibit B
IFB-RH-23-078 Pricing
Docusign Envelope ID: 7A255CF6-C10E-42B0-9631-8D84D9096B3A
MISCELLANEOUS BID FORM
BIDDER’S NAME:
AS NEEDED PUMPS OVERHAUL AND RELATED EQUIPMENT REPAIR SERVICES FOR
WATER, WASTEWATER, AND RECLAIM TREATMENT PLANTS
**Pasco County reserves the right to award multiple and different bidders for each completed section with
qualifications submitted with this bid form.
Item
No.
Estimated
Qty. Unit Description
Hourly
Rate Total
COMPLETE PUMP OVERHAUL LABOR RATES-EMERGENCY SERVICES
1 100 HRS Machinist, Lathe Operator $ $
2. 100 HRS In House Shop Technician $ $
3. 100 HRS Field Service/Repair
Technician $ $
4. 100 HRS Additional Helper - Unskilled $ $
COMPLETE PUMP OVERHAUL REGULAR HOURLY LABOR RATES-AS NEEDED SERVICES
5. 200 HRS Machinist, Lathe Operator $ $
6. 500 HRS In House Shop Technician $ $
7. 400 HRS Field Service/Repair
Technician $ $
8. 200 HRS Additional Helper - Unskilled $ $
PSI TECHNOLOGIES INC.
35.00 3,500.00
40.00
40.00
00.00 00.00
4,000.00
4,000.00
65.00 13,000.00
65.00 32,500.00
45.00 18,000.00
00.0000.00
Docusign Envelope ID: 7A255CF6-C10E-42B0-9631-8D84D9096B3A
Item
No.
Estimated
Qty. Unit Description
Hourly
Rate Total
EQUIPMENT HOURS
9. 200 HRS
Lifting Crane (Up to 30 ton -
75 ft reach) with one (1) Operator $ $
10. 200 HRS
Lifting Crane (Over 30 ton -
125 ft reach) with one (1)
Operator and one (1) Helper
$ $
11. 200 HRS Light Equipment $ $
12. 200 HRS Heavy Equipment $ $
GRAND TOTAL FOR ALL ITEMS 1-12 $
Item
No.
Annual
Estimated
Qty. Unit Description Total
MISCELLANEOUS
13. 1 LS
Materials Allowance for
non-consumable materials
and parts authorized in
writing by the County to
be incorporated into the
work.
$100,000
14. 1 LS
Allowance for extra work authorized in writing by the County. $50,000
15. 1 LS
Indemnification and
Termination for
Convenience in accordance with the Agreement.
$200
GRAND TOTAL FOR ALL ITEMS 1-15 $
70.00
100.00
30.00
75.00
14,000.00
20,000.00
6,000.00
15,000.00
130,000.00
280,200.00
Docusign Envelope ID: 7A255CF6-C10E-42B0-9631-8D84D9096B3A