HomeMy WebLinkAboutCity of Tamarac Resolution R-88-280F_N
Temp. Reso. #5205
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88--�2p
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT
WITH LIGHTNING CONTROL SYSTEMS, INC.,
PERTAINING TO A ONE-YEAR SERVICE
AGREEMENT FOR AN UNINTERRUPTIBLE POWER
SUPPLY; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1.: That. the appropriate City officials are
hereby authorized to execute an Agreement with Lightning
Control Systems, Inc., pertaining to a one-year service
agreement for an uninterruptible power supply, a copy of said
agreement being attached hereto as "Exhibit 111.
SECTION 2: That the City's Data Processing Manager is
hereby authorized to execute this agreement on behalf of the
City.
SECTION 3: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this Uday of -�' "t� , 1988.
ATTEST: /Xolt4�
NORMA�T A13RAMOWITZ
MAYOR
CAROL, A EVANS -- -
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
RICHARD DOODY
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1:
C/M ROHR
DISTRICT 2:
V/M STELZER
DISTRICT 3:
C/M HOFFMAN
DISTRICT 4:
C/M BENDER
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LIGHTNING CONTROL SYSTEMS, INC.
YEAR EXTENSION ( MONTHS)
SERVICE AGREEMENT
FOR
AP100 SERIES UPS
SCHEDULE A
AP100 SERIES UPS SCHEDULED AND REMEDIAL SERVICE AGREEMENT CHARGES FOR:
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CUSTOMER NAME
A. EQUIPMENT COVERED:
AP175
LCSQa SITE; LOCATION
City Hall
PERIOD OF COVERAGE: 6- 1 -88 to 9-30-88 (to be renewed 10- 1-88 for 1 year)
ANNUAL CHARGES: UPS'
'Annual charges do not include inspection of equipment for maintainability or repairs to bring equipment to suitable condition1to
enter into Lightning Control Systems Schedule,and Remedial Service Agreement (See Article V11 B).
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SCHEDULE B
TIME AND MATERIAL CHARGES
FOR
AP100 SERIES UPS
SCHEDULED AND REMEDIAL SERVICE CUSTOMERS
Time and Material charges are invoiced as a result of work performed by Lightning Control Systems Service Engineers for items
outside the scope of the Maintenance Agreement.
There will be no Scheduled Remedial or Emergency Maintenance performed on weekends or the following national holidays orthe
week -ends associated with those holidays:
New Years, Easter, and December 24, 25 and 26.
Remedial Maintenance requiring emergency service forequipment failures are available only Monday through Friday (8:00 A.M. —
5:00 P.M.).
DESCRIPTION
1.
LABOR
PRIME OFF SHIFT SUN/HOLIDAY
A. Travel & On -site Work
$75/hour $112.50/hour $150.00/hour
II.
EXPENSES
45c/mile if auto; air travel -
A. Travel
from point of departure and
return to office.
B. Local - Subsistence =
Lodging, meals and car rental
$145/day (if applicable)
III.
Materials (Parts)
Current list prices minus 10%
IV.
Same day response premium
No charge
V.
Minimum billing
4 hour day (if applicable)
VI.
Calculating of charges
Portal to portal (if applicable)
VII.
Expediting charge (Parts)
No charge
Vill.
Minimum billing (Parts)
No charge
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43090
AP100 SERIES UPS
SCHEDULED AND REMEDIAL SERVICE AGREEMENT
EFFECTIVE DATE
MIKE-100
EXPIRATION DATE 9-30--88
AGREEMENT BETWEEN Lightning Control Systems, Inc., the Company having its principal place of business at-10ne Oakwood
Blvd..,_Hollywood, Hollywood FL 33020 . #nd - City of Tamarac
(hereinafter referred to as Customer)
with its place of business at 5811 N.W. 88 Avenue
STREET ADDRESS
Tamarac FL 33121
CITY STATE ZIP
NOW. THEREFORE, it is mutually agreed as follows:
I. PURPOSE:
Lightning Control Systems will provide a field service tech-
nician to perform Scheduled and Remedial Services,
(hereafter referred to as "Services") in order to keep the
Customer's equipment operating in accordance with the
agreed specification.
II. SCOPE OF SERVICE:
Lightning Control Systems will provide the services as de-
scribed herein for the Uninterruptible Power Supply
(UPS) System AP100 Series, and annual charges de-
scribed in the appended Schedule A,
A. Scheduled Maintenance
1, First year maintenance contract does not include
a scheduled maintenance visit. A customer may con-
tract for a scheduled maintenance visit at the then
published time and materials service rates.
2. Any equipment modification or additional testing
or any other service activity requested by the Cus-
tomer not specifically identified in this Agreement
will be billed on a "time and material" basis as
provided in Schedule B.
B. Remedial Maintenance
1. Lightning Control Systems provides remedial main-
tenance defined as the immediate action required to
insure that the equipment covered by this agreement
will operate within the agreed specifications.
Lightning Control Systems will provide an emergency
telephone number for use by its Customers. The re-
sponsible Lightning Control Systems service manager
on duty will determine the extent of the problem and
take necessary corrective action required.
2. If it is determined by Lightning Control Systems that
field modifications are necessary to assure equipment
operation within the specification, this service will be
provided to customer and accomplished during a
scheduled maintenance visit or the next service call,
whenever possible. Those field modifications involving
personnel or equipment safety will be implemented
immediately at no charge in coordination with cus-
tomer scheduling. See the appended Schedule B for
holiday and weekend exclusions.
C. Parts Replacement
The manufacturer, Emerson Industrial Controls, pro-
vides a one year parts warranty that provides for the
parts replacement of this service contract.
D. Battery Maintenance
Battery maintenance services will be provided to
assist Customer in the care and maintenance of
batteries used and operated in conjunction with
Emerson UPS systems. Notwithstanding any other
provision of this Agreement, Emerson's sole re-
sponsibility for battery maintenance shall consist
only of cleaning; assuring the integrity of connec-
tors; and proper voltage levels.
The cost of battery cell(s) and/or accessory parts re-
placement, if required, shall be the sole responsibility
of the Customer.
E. Items Beyond Scope of this Agreement
Equipment modification or additional testing requiring
an additional service visit, not required to make the
covered equipment perform as provided in the agreed
specification, and items not specifically Identified as
part of this Agreement, are beyond the scope of this
Agreement.
Service calls, not classified as "Remedial Maintenance"
are beyond the scope of this Agreement. Such work will
be evaluated by Lightning Control Systems and will be
undertaken on a "time and material" basis. Schedule B
identifies the "time and material" costs currently in
effect. Cost to Customer shall be time and material
charges in effect at the time the work is undertaken and
calculated portal to portal, with a minimum billing of
$316.00 per day or any portion of a day.
III. TERMS OF SERVICE
Services under this Agreement will begin on the effective
date indicated on page one of the Agreement and con-
tinue for a period of Sixty (60) days prior to the
expiration of the contract period. Lightning Control Sys-
tems will notify the customer of their renewal option,
indicating any changes in pricing and/or contract terms
and conditions.
IV. INVOICING AND PAYMENT:
A. The annual charges for scheduled and remedial main-
tenance shall be payable in advance including any
taxes. Charges shall become payable 100% Net ten
(10) days from receipt of invoice.
Payment terms other than annual charges in advance
will result in a three percent (3%) surcharge for ad-
ministrative costs.
B. Items beyond the scope of this Agreement are payable
100% Net ten (10) days from the receipt of invoice.
C. Annual charges for renewal of this agreement shall
be established at the time of contract renewal not to
exceed 10% per annum for like boverage.
V. EQUIPMENT LOCATIONS:
A. Customer shall provide adequate working space and
facilities for use by Lightning Control Systems service
personnel, and for the safe keeping of spare parts,
customer shall allow Lightning Control Systems field
engineers ready access to Customer site and equip-
ment, subject to Customer's reasonable internal
security and safety rules.
B. Equipment maintenance is to be provided at the place
of the initial installation only, unless prior written
consent to any change of location is obtained from
Lightning Control Systems by Customer at least sixty
(60) days prior to the date of scheduled change in
location.
VI. MODIFICATIONS OR ALTERATIONS TO EQUIPMENT:
Lightning Control Systems' prior written approval must
be obtained before any modifications or alterations are
made to equipment being maintained under this Agree-
ment. Failure to obtain such approval voids this Agree-
ment, Scheduled or Remedial Service coverage for such
modified or altered equipment shall be subject to sep-
arate negotiation.
VII. WARRANTY AND LIMITATIONS:
A. Lightning Control Systems warrants that, under nor-
mal use and service, the covered equipment shall
operate within the agreed specifications.
Lightning Control Systems further warrants that any
Emerson parts utilized in connection with this Agree-
ment will be provided with clear title and will be
free from defects in material and workmanship at the
time of installation.
Lightning Control Systems' sole and exclusive lia-
bility under these warranties shall be that Lightning
i/ • I, r Ih
Control Systems, at its sole option, will adjust or re-
pair, as soon as possible, the equipment not operat-
ing in accordance with the specification.
EXCEPT AS HEREIN EXPRESSLY STATED IN THIS 40
ARTICLE VITA. THERE ARE NO WARRANTIES, EX-
PRESS OR IMPLIED, OF THE PRODUCTS OR SERV-
ICES FURNISHED HEREUNDER. THERE ARE NO
IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS OF ANY PRODUCT FOR A PARTICU-
LAR PURPOSE.
BY PERFORMANCE OF BATTERY MAINTENANCE,
AS SET FORTH BY THE TERMS OF THIS AGREE-
MENT AND AS SET FORTH HEREIN, LIGHTNING
CONTROL SYSTEMS MAKES NO NEW, ADDITION-
AL OR EXTENDED GUARANTEE, WARRANTY OR
REPRESENTATION, EITHER EXPRESS OR IMPLIED,
WITH RESPECT TO THE BATTERIES OR THE QUAL-
ITY OF THE MATERIAL, EQUIPMENT OR WORK-
MANSHIP IN THE PRODUCTS IN CONNECTION
WITH ANY GUARANTEE, WARRANTY OR REPRE-
SENTATION AS MAY HAVE BEEN APPLIED IN
FAVOR OF CUSTOMER AT ANYTIME OR OTHER-
WISE BY THE BATTERY MANUFACTURER.
1. Equipment not under Lightning Control Systems'
original equipment warranty or a Scheduled and
Remedial Service Agreement immediately prior to
the effective date, shall be subject to inspection by
Lightning Control Systems to determine if it is in ac-
ceptable working condition and incorporates the cur-
rent Lightning Control Systems mandatory field
modifications. Such inspection and any repairs or
modifications deemed necessary by Lightning Con-
trol Systems to bring the equipment up to good oper-
ating condition shall be made at Custor'ner's expens�
under separate agreement at Lightning Contro
Systems' then current prices.
C. Service labor will be invoiced as an additional charge
should any of the following conditions occur:
1. Customer or designated representative attempts
to maintain/repair equipment in a manner other
than, or in conflict with, this Agreement or Light-
ning Control Systems' specific recommendations.
2. Damage to EMERSON equipment occurs as a di-
rect result of misuse or arises from use of faulty
equipment not covered under this Agreement.
3. Damage to equipment results from catastropne or
any other causes external to the equipment cov-
ered under this Agreement, including, but not lim-
ited to, high energy, lightning Induced surges.
a. Damage to equipment results from failure to
maintain facilities and equipment in a reasonable
manner.
5. Damage to equipment results from failure to oper-
ate equipment in accordance with all applicable
specifications.
6. Ready and reasonable site and equipment access
is denied the Lightning Control Systems service
engineer.
7. Service calls are requested by and provided to
Customer which are unrelated to Lightning Con-
trol Systems' responsibilities to keep Emerse
provided equipment operating properly.
Page 2 of 3
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3. It is necessary, due to local circumstances, to use
Uninn Labor or hire an outside contractor, Light-
ning Control Systems service personnel will pro-
vide supervision only and the cost of such Union
or contracted labor will be chargeable to Cus-
tomer.
09. The location of the UPS equipment is other than
a Customer site. The service to be provided, for
such other site will be subject to mutual agreement
between Customer and Lightning Control Systems,
10, Completion of service call is delayed by Customer
causing a Lightning Control Systems field engi-
neer to return to Customer's site to complete re-
pairs or to place UPS module or system in service
as the result of any such delay.
O, Customer, in authorizing and designating third par-
ties to provide maintenance service clearly under-
stands that Lightning Control Systems assumes no
responsibility for the cost of same, does not warrant
same, and that such authorization may result in
subsequent Lightning Control Systems repairs as
provided in Article VII A above.
Vill. DEFAULT
If either party is in default of any of the obligations under
this Agreement and such default continues for fifteen
(15) days after written notice thereof by the party not in
default, such non -defaulting party shall have the right,
in addition to all other rights and remedies provided by
this Agreement, to cancel this Agreement.
IX. LIMITATION OF LIABILITY AND REMEDY
Notwithstanding any other provision of this Agreement,
under no circumstances shall Lightning Control Sys-
tems' total aggregate liability resulting from any and all
claims in connection with or arising out of this Agreement
or Lightning Control Systems' furnishing of the services
and products described in this Agreement exceed that
specified in this Article IX.
Seller's entire liability and Customer's sole and exclusive
remedy for warranty claims in connection with or arising out
of this Agreement or Seller's furnishing of the services and
products described in this Agreement shall be as specified
in Article VII A, Above, or at Seller's sole option, refunding
the purchase price of such product and/or services.
Seller's entire liability and Customer's sole and exclusive
remedy for nonwarranty claims in connection with or arising
out of this Agreement or Seller's furnishing services and pro-
ducts described in this Agreement, whether based on con-
tract, negligence of any kind, strict liability or otherwise, shall
be limited to actual damages, not to exceed three (3) times
the annual charges for the period of coverage specified
reduced by any damages attributable to the negligence of
Customer's employees or agents.
SELLER WILL NOT BE LIABLE UNDER ANY THEORY OF
LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, WITH-
OUT LIMITATION, LOSS OF USE, REVENUE, OR PROFIT.
The remedies set forth above are exclusive and constitute
complete fulfillment of all liabilities of Lightning Control
Systems to Customer whether based on warranty, contract,
negligence of any kind, strict liability or tort, or otherwise
with respect to or arising out of this Agreement or the product
or services hereunder.
X. CUSTOMER RESPONSIBILITIES
Notwithstanding any other provision of this Agreement,
Customer shall provide proper and reasonable maintenance
of facilities and equipment to include, but not limited to,
the following:
1. Maintaining temperature of equipment area at or below
850F to insure longer life of the equipment.
2. Control►ing humidity so that there is no condensation.
3. Keeping the equipment area free of corrosive atmos-
phere that would affect the life of the equipment.
4. Keeping the equipment area clean and free of loose dirt
and debris.
XI. ASSIGNMENT AND DELEGATION
Neither party shall assign its rights, nor delegate its duties
under this Agreement without the prior written consent of
the other party. Such unauthorized assignment and/or
delegation shall, at the option of the non -assigning and/or
non -delegating party, be voidable.
XII. GENERAL
Except to the extent that the provisions of this Agreement
are clearly inconsistent therewith, this Agreement shall be
governed by any applicable provisions of the Uniform
Commercial Code. To the extent that this contract entails
delivery or performance of services, such services shall be
deemed "goods" within the meaning of the Uniform Com-
mercial Code, except when the context in which the serv-
ices are to be rendered is clearly inconsistent therewith.
XIII. ENTIRE AGREEMENT
This Agreement and subordinate documents, if any, at-
tached to or referenced herein, constitute the entire
Agreement between the parties with respect to the subject
matter contained therein. All prior and contemporane-
ous agreements, representations, statements, negotia-
tions, understandings and undertakings are superseded.
Except as provided herein, no modifications or changes
to this Agreement shatl be effective, unless in writing
signed by authorized representatives of both parties.
IN WITNESS WHERE OF, the parties hereto have caused this Agreement to be duly executed on the day and year hereinafter
indicated.
Light ng Con ro�Syst s,'Inc. Customer
BY k
te Danie Llavona Name Glenda Christian
Title _ Customer Support Engineer Title Data Processing Mana er
Date 6 / 10 / 8 8 Date
age 3 of 3
Christopher E. Bachman
e
A
Lightning Control Systems, Inc.
"A systems engineered approach to surge suppression"
ADDEMDUM I
DELUX CONTRACT
One (1) Year Servi"ce C'onTrac-w- :Lnc-t-.-Zes,
One jDrevent i ve rnain-,eriance ser-, iice u0c-n . L O� . .1 c,F entire pay-,
roent. Lgr lihtning Conntict) syszerfls- ric. vV v,)arran-, al'l reriledla.
services and battery t 1:1 de ---
I ault. CLk5t017112r Shall. orcivice Drc;,jer -FAci'; I'T'-PS cis Dn Dace 3 c-f 3
paragraph X.
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One Oakwood Boulevard, Suite 199 e Oakwood Business Center & Hollywood, FL 33020
Telephones: Broward (305) 920-2828 6 Dade (305) 947-9588