HomeMy WebLinkAboutHoover Pumping Systems, Corporation - Maintenance Agreement -2012 , Y
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Date: 12/18/12
To: City of Winter Springs Phone: 407-327-6590
Chris Caldwell Fax: 407-327-4763
Subject: Maintenance Agreement
Hoover Site/Site#: City of Winter Springs Central Winds Park, ID#4437
Hoover Model Number: HC2-30J10PD-460/3-AMR2L Five Year Contract Term: 12/1/12-11/30/17
The Hoover Maintenance Plus Program includes 24/7 remote automatic monitoring of the irrigation and pump
system via Hoover FlowguardTM combined with two preventative maintenance visits to the site per year by a
Hoover Certified Pump Technician. The following will be furnished:
• Priority Scheduling-When repair service is required.
• Hoover FlowguardTm proactive system support and remote access, automated system alerts and
warnings via e-mail, priority service scheduling, up to 8 hours assistance from the Hoover Help Desk and
written recommendations for problem correction.
• 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 bearings(if applicable), check operation and current draw against specification.
• Pumps-Check condition of seal. Confirm flow and pressure performance.
• Control/Shut Off Valve-Check pilots, clean filter. Calibrate valve, replace worn diaphragm.
• Flow Meter-Test flow meter and pressure transducer for proper operation. Calibrate flow meter as
required by Florida Water Management District upon client request.
• Pressure Tank-Check and adjust tank precharge pressure as required.
• Suction Intake-Evaluate intake performance and recommend screen cleaning as required.
• Fiberglass Enclosure-Check lockable handle, hinges and opening mechanism.
• Discounted Pricing-Discount off list price for numerous replacement components.
• Report-To be submitted upon completion of service call with findings and recommendations.
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. Five Year 60 month agreement Lump Sum $9,250.00/SYear
2. Semi-Term payment due each December for 5 years $1,998.00/each ✓r Terms: This agreement becomes effective on the first day of the month following receipt of an executed contract.
This agreement is automatically renewable for one year unless written notice is provided by either party 30 days
prior to its expiration. Additional work beyond the scope of this agreement will be perforrfed upon customer
approval. Hoover Pumping systems Standard Terms and Conditions of Sales will apply.
Accepted by: Accepted by:
Hoover Pumping Systems City of Winter Springs
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P.O. Number(if required) Name Printed
2801 N. Powerline Rd. • Pompano Beach, Florida 33069 • (954) 971-7350 •Fax(954) 975-0791
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Additional Provisions
Notices. All notices of any type shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail
for the below listed individuals,all to the following individuals at the following locations:
TO THE CITY: Mr.Kevin L. Smith,City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs,FL 32708-2799
407-327-5957(Phone)
407-327-6686(Fax)
w/copy to: Mr. Anthony A. Garganese,City Attorney
Brown,Garganese,Weiss&D'Agresta,P.A.
111 North Orange Avenue Suite 2000
Orlando,FL 32801
(407)425-9566(Phone)
(407)425-9596(Fax)
TO HOOVER: Hoover Pumping Systems Corporation
2801 N.Powerline Rd.
Pompano Beach,Florida 33069
(954)971-7350(Phone)
(954)971-0791 (Fax)
Each party may change the aforementioned notice information by providing written notice to the other party.
Non-Assignment. This agreement shall not be assigned or transferred without the written consent of both parties.
Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate
with each other and perform any further act(s) and execute and deliver any further documents which may be necessary or
desirable in order to carry out the purposes and intentions of this Agreement.
Legal Representations. The parties acknowledge that Brown, Garganese, Weiss & D'Agresta, P.A., and other attorneys
herein, have acted as counsel for the City in connection with this Agreement and the transactions contemplated herein, and
has not given legal advice to any party hereto other than the City.
Severability. If any provision of this Agreement is held to be invalid,void, or unenforceable,the remaining provisions shall
nevertheless remain in full force and effect, unless the absence of the invalid,void, or unenforceable provision or provisions
causes this Agreement to fail in its essential purposes.
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
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PUMPING SYITIMI
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.
Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all
prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into
this Agreement.
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
two hundred thousand dollars($200,000.00),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 three hundred thousand dollars($300,000.00). 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.
Termination. Either party may terminate this Agreement at any time, without or without cause, and without the express
consent of the other by giving the non-terminating party at least 30 days prior, written notice. However, each specific
obligation of each party shall terminate upon the completion of any said obligation to the satisfaction of the other party.
2801 N. Powerline Rd. • Pompano Beach, Florida 33069• (954)971-7350 • Fax(954) 975-0791
i ..
HOOVER PUMPING SYSTEMS SERVICE WARRANTY STATEMENT
Hoover Pumping Systems Corporation, hereinafter referred to as"HOOVER"warrants its repair work to be free from defects in
workmanship and material for a period of twelve(12)months from date of installation, shipment or buyer's requested shipment date,
whichever occurs first. Replacement of any defective part(s)will be shipped upon receipt of the alleged defective part(s).
At its discretion, HOOVER shall repair, replace, or refund the prorated value of any parts it determines are defective, as long as:
• The pump system is operated within the design limits of the components and the system.
• The pump system is operated in accordance with the instructions in the system Operation and Maintenance Manual.
• The warranty claim is reported to Hoover during the life of the warranty.
• Each instance of hardware failure is reported to HOOVER to obtain HOOVER's concurrence that a part should be repaired
or replaced.
In addition:
1. HOOVER reserves the right, at its discretion,to inspect parts in BUYER's hands or to have product returned. If parts are to be
returned, BUYER is responsible for return shipping costs.
2. HOOVER will provide assistance to BUYER in trouble shooting reported failures. BUYER agrees to participate in conducting
diagnostic trouble shooting with HOOVER'S assistance.
3. Any modifications made by BUYER and/or any other party during the warranty period will automatically void this warranty.
4. This warranty extends to original BUYER and subsequent owners as long as such ownership falls within the warranty period.
5. This warranty is in effect only if the pumping station occupies the site where the product was originally installed.
6. If HOOVER repairs or replaces a part, neither the warranty term of the part or system is extended.
7. This warranty does not cover damage under the following conditions:
• Default of any agreement with HOOVER.
• Improper installation.
• Misuse and abuse, including but not limited to: Rapid Cycling, Restricted Intake, Continued operation above Design Flow,
Continued use of Manual Reset to override reported fault condition alarms.
• Failure to conduct routine maintenance as specified by HOOVER.
• Handling any liquid other than irrigation or potable water.
• Damage due to electrolysis, erosion, or abrasion.
• Presence of destructive gaseous or chemical solutions.
• Power quality problems including but not limited to: over voltage, under voltage, surge, lightning, phase loss, and phase
reversal.
• Excessive temperatures. (In freezing climates, it is necessary to properly prepare the installed system in winter shutdown in
order to minimize the potential for freeze damage.)
• Vandalism, flooding, acts of war or terrorism, neglect or intentional acts of the owner, contractor or their agents, fire,
lightning,wind, rain or any cause beyond HOOVER's control.
8. All technical advice, recommendations and services rendered by HOOVER are based on technical data which HOOVER believes
to be reliable and is intended to be used by skilled persons, at their own discretion and risk. HOOVER assumes no responsibility
for results obtained or damages incurred from their use of HOOVER for such advice in whole or in part. Such recommendations,
technical advice or services are not to be taken as a license to operate under or intended to suggest infringement of any existing
patent.
9. If HOOVER decides to dispatch a technician to the BUYER'S site to check or replace parts reported defective by the BUYER, and
the technician determines that the failure is NOT due to a defect in HOOVER materials and/or workmanship, BUYER agrees in
advance to pay HOOVER for the service call,which will be billed at HOOVER's prevailing rate.
10. THE PARTIES AGREE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR
PURPOSE AND ALL OTHER WARRANTIES.EXPRESSED OR IMPLIED.ARE EXCLUDED FROM THIS TRANSACTION AND
SHALL NOT APPLY TO THE GOODS SOLD. THE FOREGOING CONSTITUTES HOOVER'S SOLE WARRANTY AND
EXTENDS NO WARRANTIES BEYOND THE DESCRIPTION ON THE FACE HEREOF.
Stb
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PUMPING^''*'MI 2801 N. Powerline Road •Pompano Beach, Florida 33069•(954)971-7350•Fax(954)975-0791
4.2/21/2012 12:13 9545820558 HOOVER PUMPING PAGE 01/06
Purchase Order
City of Winter Springs
, Phone: (407) 327-1800 Fiscal Year 2d13 Page 1
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V: HOOVER PJMPING SYSTEMS CORP. t: CENTRAL WINDS PARK-GROUNDS .g$ CITY OF WINTER SPRINGS •
E 2801 NORTH POWERLINE ROAD ' 1000 E.STATE ROAD 434 W ACCOUNTS PAYABLE DEPT
• POMPANO BEACH,FL 33069 'tt' WINTER SPRINGS, FL 1126 E.STATE ROAD 434
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• 'i 32708-2799 • ' +t WINTER SPRINGS,FL 32708
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954-971.7350 954-975-0791 00001768 MIKE BARCLAY
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11/20/12 005213 11/15/12 Net 30 days PKS&REC-PARKS&GROUNDS
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001 HOOVER PLUMP MAINTENANCE PROGRAM 12 7..0' 1998.00000 1,998.00
MONTHS OV SO MONTH AGREEMENT (12/1/12 Eaoh
- 71/30/13) CITY Q ' WINTER SPRINGS
CWP ID#4437 HOOVER MODEL NUMBER:
HC:-30.7'10PE3-460/3-AMR2L
7210-54633 1,,998.00
PO Total 1,998.00
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By
Accountant
Bid# (if applicable)
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