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HomeMy WebLinkAboutHoover Pumping Systems Maintenance Agreement - 2010 11 30 S .ke-c_- .___..___..._____,_.______ . ,,.. ok, OVER PUMPING vermin Date: 11/30/10 To: City of Winter Springs Phone: 407 - 327 -5976 Steve Richart Subject: Maintenance Agreement Hoover Site /Site#: City of Winter Springs Central Winds Park, ID#4437 Hoover Model Number: HC2- 30J10PD- 460 /3 -AL-Z Contract Term: 12 months The Hoover Maintenance Program includes four visits to the site per year by a Hoover Certified Pump Technician. The following preventative maintenance will be performed as required: • Priority Scheduling -When repair service is required. • Pump Control Panel Test control logic, torque electrical connections to UL specification, treat components with anti- oxidant protective spray, test and replace surge protection components. • Pump motors- Service and replace bearings when needed part of maintenance at no additional charge for labor or material. Check operation and current draw against specification. • Pumps -Check condition of seal. Confimn flow and pressure performance. • Control Valve -Check pilots, clean filter. Calibrate valve, replace worn diaphragm. Rebuild Control Valve annually part of maintenance at no additional charge for labor or material. • Pressure Tank -Check and adjust tank precharge pressure as required. • Suction Intake - Evaluate intake performance and recommend screen cleaning as required. • Discounted Pricing - Discount off list price for numerous replacement components. • Report -To be submitted upon completion of service call with findings and recommendations. • Additional Labor Cost- Discount pricing for labor is $84.00/hr. Any additional labor will be performed only with prior approval by the City. The following items are excluded from the program: • Suction intake cleaning or adjustments due to changing water levels • Repairs due to failure of any electrical or mechanical components due to mistreatment of the system and other causes not covered by Hoover Pumping Systems warranty • Repairs due to failures or recurring problems caused by poor water quality including chemical or biological fouling or field irrigation system problems • Repairs due to vandalism, accidents, negligence or natural events including wind, flood, power surge and lightning • Repairs due to operating the irrigation system above the station design. Repeated rapid cycling of pump system due to irrigation system leaks. PAYMENT PLAN - SELECT ONE: Check One: 1. Annual 12 month agreement Lump Sum $1,490.00/Year X 2. Semi - Annual payment due Months 1 and 6 $ 790.00 /each Terms: This agreement becomes effective on the first day of the month following receipt of an executed contract. Additional work beyond the scope of this agreement will be performed only with customer approval. Additionally, with respect to "Additional Labor Cost", that the $84.00 per hour is only with prior approval by the City. Hoover Pumping systems Standard Terms and Conditions of Sales will apply. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. The parties further agree that in any dispute between them relating to this Agreement, exclusive jurisdiction shall be in the trial of courts located in Seminole County, Florida, and any objections as to jurisdiction or venue in such courts being expressly waived. Attorney's Fees. In the event any litigation or controversy arises out of or in connection with this Agreement between the parties hereto, each party agree to bear its own costs and expenses of such action including, but not limited to, reasonable attorneys' fee, whether at settlement, trial, post judgment, or on appeal. Non- Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. 2801 N. Powerline Rd. • Pompano Beach, Florida 33069 • (954) 971 -7350 • Fax (954) 975 -0791 OVER PYMNNG SYSTEMS Public Record. It is hereby specifically agreed that any record, document, Computerized information and program, audio or video tape, photograph, or other writing of the Hoover related, directly or indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or control of the City or the Hoover. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Hoover is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, the Hoover shall promptly supply copies of said public records to the City. All books cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal servicing hour of the Hoover be open and freely exhibited to the City for the purpose of examination and/or audit. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28 Florida Statutes, or other limitations imposed on the City's potential liability under state of federal Law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars (8100,000.00), or any claim or judgment, or portion thereof, which when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars (8200,000.00). This paragraph shall survive termination of this Agreement. Liability; Indemnification and Hold Harmless. Each party shall be responsible for their own acts and omissions and the acts and omissions of their employees and contractors. In additions, each party agrees to the fullest extent permitted by law, to indemnify and hold harmless the other party and its employees, officers, and attorneys, from and against all claims, losses damages, personal injuries (including but not limited to death), or liability ( including reasonable attorney's fees through any all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from their performance under this Agreement. Accepted by: Accepted by: Hoover Pumping Systems City of Winter Springs 'wt iY�G G'I G(,��► n4//O //frt. /,Q Melisek other 11/30/10 Si ature/Dat V '65' 1 - 00 �.w c.. s%.., /I) P.O. Number (if required) Name Printed 2801 N. Powerline Rd. • Pompano Beach, Florida 33069 • (954) 971 -7350 • Fax (954) 975 -0791 HOOVER PUMPING SYSTEMS TERMS AND CONDITIONS OF SALE Hoover Pumping Systems Corporation, hereinafter referred to as "HOOVER," sets forth the following Terms and Conditions of sale to the `BUYER," 1. CONTRACT ACCEPTANCE. All orders and contracts are subject to acceptance by the executive office at HOOVER. Only contracts signed by HOOVER shell be honored. Previous proposals, either verbal or written, shall not be valid. 2. TAXES. HOOVER's prices do not include sales, use, excise or similar taxes unless expressly stated within the contract. The amount of any present or sales, use, excise or other siinlar tax applicable to the sate or use of the equipment shag be paid by the BUYER, or in lieu thereof, the BUYER shall prov Company with a tax exemption certificate acceptable to the taxing authorities. 3. TERMS. On approved credit, except as otherwise Indicated within the contract. payment is due twenty 129) days after delivery uthictieuepleesener, In the absence of approved credit, HOOVER may modify the time of payment or any agreement for extension of credit, or may require partial or ful payment prior to manufacturing, assembling, shipping, delivery, or installation of equipment. interest will be due and shall accrue at the rate of 1 1/2% per month compounded on any overdue amount. Collection costs, including altomey's fees, will be due in the event of nonpayment. HOOVER has the NFU to Ilen and enforce collection and exercises all rights available including refusal to provide service or completion of contracted work in the event of non- payment. In addition, HOOVER shall retain a security interest In the equipment as provided by the Uniform Commercial Code, until such time HOOVER receives payment for the equipment in full. 4. DESIGN. HOOVER reserves the right to discontinue the manufacture of any model or to make changes In design for any product improvement without incurring any obligation to furnish or instal the same on product previously furnished. HOOVER reserves the right to request additional compensation for BUYER requested written changes. 5. RETAINING TITLE. Except where prohibited by law and without regard for terms apportioning risk, determining time and place of delivery. and allocating the cost of freight, HOOVER will retain title to the goods until the delivery of goods or fug payment thereof, whichever is later. 8. SHIPMENT — DELIVERY. Shipping and delivery dates are estimates. HOOVER will make all reasonable efforts to maintain deivery schedule after receipt of a written executed contract. Shipping and delivery dates are based on HOOVER'S prompt receipt of complete written contract details. credit approval, and required deposits. In the event the BUYER cannot take delivery on the agreed upon delivery date, delivery shall be deemed completed on the agreed upon delivery date at HOOVER's pump station facility for the purpose of payment. In addition, HOOVER retains the right to charge BUYER for additional storage and handling charges incurred, with a minimum charge of $750.00. 7. DELAYED DELIVERIES. HOOVER shall not be liable for any delay in shipping and /or delivery of ordered goods for any cause whatsoever. 8. CANCELLATION. No orders or contracts may be cancelled without the consent of HOOVER. At HOOVER'S option, cancelled orders are subject to payment of cancellation charges equal to all cost incurred by HOOVER up to the date of cancellation, Including a reasonable allowance for overhead and profit (- Cancellation Charges 9. DEPOSIT. Unless expressly waived in writing by a duly authorized representative of HOOVER, BUYER shall be required to pay a deposit of thlty percent (30%) of the contract balance upon entering into the contract. BUYER understands and agrees that said deposit will be applied to HOOVER's costs, and in the event of cancellation by BUYER, said deposit will be applied to any and all Cancellation Charges incurred. 10. SITE ACCESS. BUYER is responsible for providing HOOVER unrestricted access to pump site including identification of utilities and landscaping. If necessary, BUYER will relocate utilities and Landscaping in conflict with proposed work, HOOVER will not be responsible for cost of repairing or replacing any utilities, landscaping, or any site improvements damaged by its work. 11. CLEAN UP. HOOVER will remove all scrap material it has brought onto site. 12. INSURANCE. HOOVER will maintain insurance in accordance with acceptable business practices. 19. RETURN OF GOODS. Custom ordered equipment built to BUYER's specifications can not be retumed unless approved in writing by HOOVER. Unless the return is to correct a HOOVER error, all equipment authorized for retum is subject to a minimum handling charge of 15% of the invoice value of the returned equipment. All equipment to be returned must be packaged by the BUYER and shipped prepaid insured for fug kwolce value or BUYER accepts the loss or damage during shipment. 14. CONDITIONS. All males made by HOOVER are subject to these conditions, as updated from time to time, unless otherwise' agreed in writing with a duly authorized representative of HOOVER. 15, The BUYER* sole and exclusive remedy against HOOVER shall be for the repair or replacement of or rotund for defective pants es described within the Warranty Statement. No other remedy (including, but not limited to, incidental or consequential damages of any nature whatsoever, such es, but not limited to • lost profits, lost sake. delay or acceleration damages, injury to personal property, other incidental or consequential loss) shall be available to BUYER for & which BUYER hereby expressly waives same. 16. In the event of any litigation arising out of or in connection with these terms and conditions of sale, the contract, and/or Contract Documents, the prevailing party shall be entitled to reasonable attorney's fees and costs. In any legal action arising out of or in connection with these terms and conditions of sale, the contract, and/or Contract Documents, the parties hereby waive in advance any right to a trial by jury. Legal action shall take place in Broward County Florida 17. ENTIRE AGREEMENT. The contract documents shall consist of these Standard Terms and Conditions of Sale, Hoover Pumping Systems Warranty Statement, the Contract, Project Information Form, Request for Electrical Information, and Deposit Form ('Contract Documents The Contract Documents contain the entire agreement between HOOVER and BUYER and shall not be modified or amended except by written instrument signed by an authorized representative of HOOVER. OVER 2801 N. Powerline Road • Pompano Beach, Florida 33069 • (954) 971 -7350 • Fax (954) 975 -0791 � 0 Purchase Order City of Winter Springs 3 Phone: (407) 327 -1800 Fiscal Year 2011 Page 1 Tax No. 85- 8012529604C -0 ,- ode # 0011 0857 -00 1 n ' CITY OF WINTER SPRINGS �� . HOOVER PUMPING SYSTEMS CORP. :CENTRAL WINDS PARK- GROUNDS - 2801 NORTH POWERLINE ROAD .' 1000 E. STATE ROAD 434 � ACCOUNTS PAYABLE DEPT 4 = - POMPANO BEACH, FL 33069 � � WINTER SPRINGS, FL - , 1126 E. STATE ROAD 434 32708 -2799 , WINTER SPRINGS, FL 32708 � i � q u a' P i a `a u6 -'° 1 ' 1 ,'a ,a( 1 ',1'-:' J,, l ' ' - -_ , f•i ;A - T hl_ I.,. bi" " 1 '- ' 954- 971 -7350 954 - 975-0791 00000951 11/30/10 005213 11/29/10 Net 30 days PKS & REC PARKS & GROUNDS 001 SITE: CITY OF WINTER SPRINGS CENTRAL 1.0 1490.00000 1,490.00 WINDS PARK, ID #4437 HOOVER MODEL #: Each HC2- 30J10PD- 460/3 -AL -Z HOOVER MAINTENANCE PROGRAM - 4 VISITS TO CWP PUMP SITE PER YEAR BY A HOOVER CERTIFIED PUMP TECHNICIAN. 7230 -54682 1,490.00 PO Total 1,490.00 7 1// ‘ 7 4 , 1 ,, : . :1 :7-74:1_, By 4,.........„... Liz,a4e.,, / // a ; C /tit 1 /6, ifrc iot Accountant Bid# (if applicable) VENDOR COPY GENERAL CONDITIONS GENERAL The terms and conditions of this order must not be changed by Vendor. If order is not acceptable, return to the City's Purchasing Division. Failure of a Vendor awarded a Purchase Order to deliver according to the Purchase Order or to comply with any of the terms and conditions therein may disqualify him from receiving future orders. QUALITY • All materials or service furnished on this order must be as specified and subject to City inspection and approval within a reasonable time after delivery at destination. Variations in materials or services from those specified in this order must not be made without written authority from the Purchasing Agent. Material rejected will be returned at the Vendor's risk and expense. QUANTITY /PRICE The quantity of materials ordered or the pieces specified must not be exceeded without written authority being first obtained from the Purchasing Agent. INDEMNITY The Vendor hereby agrees to indemnify and save harmless the City , its officers, agents and employees from and against any and all liability, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including attorney's fees for trial and on appeal, of any kind and nature arising or growing out of or in any way connected with the performance of this Agreement whether by act or omission of the Vendor, its agents, servants, employees or others, or because of or due to the mere existance of this Agreement between the parties. PATENT /COPYRIGHT HOLD HARMLESS The Vendor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device which is the subject of patent rights or copyrights. Vendro shall , at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the goods or services , or any part thereof, furnished under this Purchase Order, constitute an infringement of any patent or copyright of the United States. The Vendor shall pay all damages and costs awarded against the City. PACKING Packages must be plainly marked with shipper's name and Purchase Order Number; charges are not allowed for boxing or crating unless previously agreed upon in writing. DELIVERY All materials must be shipped F.O.B. Destination. The City will pay no freight or express charges , except by previous agreement. If specific purchase is negotiated on the basis of F.O.B. shipping point, VENDOR IS TO PREPAY SHIPPING CHARGES AND ADD TO INVOICE. Delivery must actually be effected within the time stated on Purchase Order. The City reserves the right to cancel this order and purchase elsewhere if the Vendor fails to meet the delivery date specified on the Purchase Order. Deliveries shall be made between 7:30 a.m. and 4:30 p.m., Monday through Friday except holidays; unless otherwise stated. In case of default by the Vendor, the City may procure the articles or services covered by this order from other sources and hold the Vendor responsible for any cost occasioned thereby. MATERIAL SAFETY DATA SHEET The Vendor agrees to furnish the City with a current Material Safety Data Sheet (MSDS) on or before delivery of each hazardous chemical or substance purchased which is classified as toxic under Chapter 422, Florida Statutes. Appropriate labels and MSDS's shall be provided for all shipments. Send MSDS's and other pertinent date to: City of Winter Springs Risk Management Division, 1126 East SR 434, Winter Springs, FL 32708. OSHA REQUIREMENT The Vendor hereby guarantees the City that all materials, supplies, and equipment as listed on the purchase order shall meet the requirements, specifications and standards as provided for under the U.S. Department of Labor Occupational Safety and Health Act of 1970, as from time to time amended and in force at the date hereof. NOTE: ANY AND ALL SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE.