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Home My WebLink AboutAgreementAGREEMENT PURCHASE, INSTALLATION, SERVICE AND REPAIR OF OVERHEAD DOORS AND GRILLS THIS AGREEMENT, made and entered into this 17 day of Apr i I , 2007, by and between the CITY OF DEERFIELD BEACH, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "CITY") and DOOR SYSTEMS OF SOUTH FLORIDA, INC. WITN ESS ETH: WHEREAS, the CITY advertised for Bids #2006-07/23 for the purchase, installation, services and repair of overhead doors and grills; and WHEREAS, DOOR SYSTEMS OF SOUTH FLORIDA, INC. submitted a proposal to the City and was selected by the City as the best and most qualified applicant; and WHEREAS, the CITY and DOOR SYSTEMS OF SOUTH FLORIDA, INC. have negotiated mutually satisfactory terms for the execution of the project with regards to guarantee of response time; NOW, THEREFORE, for and in consideration of the covenants, promises, conditions and undertakings hereinafter set forth, the CITY hereby engages DOOR SYSTEMS OF SOUTH FLORIDA, INC. for professional services of repair and service of overhead door and grills in accordance with the following: 1. The term of the Agreement shall be for a twelve month period beginning April 18, 2007 - April 2. As part of this agreement DOOR SYSTEMS OF SOUTH FLORIDA, INC. shall promptly respond to service and repair overhead doors and grills of the City of Deerfield Beach in accordance with terms and conditions contained within Bid #2006-07/23 and pricing as specified on Exhibit "A" (attached). 3. As part of this agreement, DOOR SYSTEMS OF SOUTH FLORIDA, INC. will provide the City of Deerfield Beach with a single fixed. percentage discount to be deducted from list pricing for overhead doors and parts that will be used for the term of the contract as stated in Exhibit "A". Single fixed percentage offered shall remain firm throughout the term of the contract 4. PREVENTATIVE MAINTENANCE: DOOR SYSTEMS OF SOUTH FLORIDA, INC. shall, for a flat annual fee per door basis, and as part of the contract, provide semi-annual inspection service/preventive maintenance service calls. Such maintenance shall include preventive and remedial maintenance, not limited to adjustments, lubrications and replacement parts, verification of proper calibration, performance of an electrical check and that mechanical operations are consistent with applicable product specifications. Following each repair and/or inspection, DOOR SYSTEMS OF SOUTH FLORIDA, INC. will provide the City with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement. S. Setting, Transferring or Assigning Contract: No agreement awarded under these terms, conditions or specifications shall be sold, transferred or assigned without the written approval of the CITY, which shall have the sole discretion to deny or approve any assignment. In the event of such assignment, the assignee shall expressly consent, in writing, to the terms of this Agreement and this assignee shall assume all of the obligations of DOOR SYSTEMS OF SOUTH FLORIDA, INC. 6. Staffing: DOOR SYSTEMS OF SOUTH FLORIDA, INC. agrees during the term of this contract and in compliance with all terms of this Agreement, DOOR SYSTEMS OF SOUTH FLORIDA, INC. will, at all times, maintain an adequate staff to provide competent and experienced service, on a full time basis. 7. Response: During working hours, DOOR SYSTEMS OF SOUTH FLORIDA, INC. shall respond within four (4) hours of a call requested by any authorized representative of the City. Emergency services called in after normal working hours, DOOR SYSTEMS OF SOUTH FLORIDA, INC. must respond by phone within fifteen (15) minutes and on site within two (2) hours during the standard work week and not more than three (3) hours during the off -hour call outs, unless other arrangements are made by the contract administrator. If said DOOR SYSTEMS OF SOUTH FLORIDA, INC. The enforcement of the forfeiture provisions shall be at the direction and discretion of the City representative who will take into consideration mitigating circumstances which may have caused the untimely response. The following penalties shall apply to DOOR SYSTEMS OF SOUTH FLORIDA, INC., for failure to respond within the time frame stated above during each contract year: A. Third Offense: $50.00 fine, and a certified letter of warning. S. Fourth Offense: $200.00 fine. C. Fifth Offense: $300.00 fine or suspension, at he City's option. D. Any further Offense: $500.00 fine, suspension, or termination, at the City's option. 2 7. The City may cancel the contract based upon terms and conditions within the bid documents. The City reserves the right to terminate this contract without cause, upon thirty (30) calendar days notice, in writing. 8. DOOR SYSTEMS OF SOUTH FLORIDA, INC.'s obligations, City's rights as contained in the bid documents and DOOR SYSTEMS OF SOUTH FLORIDA, INC.'s bid are made a part of the contract and are binding on DOOR SYSTEMS OF SOUTH FLORIDA, INC. 9. DOOR SYSTEMS OF SOUTH FLORIDA, INC. shall defend, indemnify and hold the City and its employees and agents harmless from any and all claims, causes of actions, damages, judgments, and cost of whatsoever nature incurred as a result of any injuries which are claimed to have been caused by the negligence of DOOR SYSTEMS OF SOUTH FLORIDA, INC. DOOR SYSTEMS OF SOUTH FLORIDA, INC. acknowledges receipt of ten dollars ($10.00) payment from the City of Deerfield Beach as consideration for this hold harmless agreement. This hold harmless and indemnity shall be liberally construed in favor of the City and its employees and agents. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day set below their signature. A B Witnesses: Approved as to form: •k 3 DOOR SYSTEMS OF SOUTH FLOJDA, INC, Date: d CITY: CITY OF DEERFIELD BEACH, a municip oration B ert l I ini , P.E. , Mlayor Date: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 17th day of April, 2007 by ALBERT R. CAPELLINI, P.E. as Mayor of the City of Deerfield Beach, Florida a municipal corporation, on behalf of the municipal corporation, who i ersonall known to me. NOTARY'S SEAL: NOTARY PUBLIC, STATE OF FLORIDA (Signature of Notary Taking Acknowledgment) QUINTELLA JONES My COMMISSION o ac 5273 i w Quintella Jones ? EXPIRES: Mara 13; 2010 4f,+~ eonaedThu w-" PwYk UndowtarE (Name of Acknowledger Typed, Printed or Stamped) Commission Number STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 17th day of April , 2007 by ADA GRAHAM -JOHNSON as City Clerk of the City of De rfield Beach, Florida a municipal corporation, on behalf of the municipal corporation, yft(k is per f onally known to me. NOTARY'S SEAL: QUINTEEL4 JUNES EXPIRES: March 13, 2010 Bonded Thru Notary Public Ur&rW1iier5 STATE OF FLORIDA COUNTY OF BROWARD NOT)kl�Y PUBLIC, STATE OF FLO RIDA (Signature of Notary Taking Acknowledgment) Quintella Jones (Name of Acknowledger Typed, Printed or Stamped) Commission Number The foregoing instrument was acknowledged before me this 17th day of April , 2007 by MIKE MAHANEY as City Manager of the City of Deerfield Beach, Florida a municipal corporation, on behalf of the municipal corporation,�s- js perso lly known to me. NOTARY'S SEAL: NO PUBLIC, STATE OF FLO RIDA (Signature of Notary Taking Acknowledgment) QIIINTEI-LAJONES Quintella Jones 4�Y •,' a� (Name of Acknowledger Typed, Printed or Stamped) MY COMMISSION # DD 527553 �c EXPIRES: Match 13 2010 Bohded 1 U NC+tery poic underwMerss �� Commission Number