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Home My WebLink AboutIII (D) Approval and Authorization for Mayor and City Clerk to execute Preventative Maintenance Agreement with General Projection Systems, Inc. for Audio-Visual Equipment AGENDA 2-6-96 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item III D Ocoee bw I I VANUGKUKIV I O O COMMISSIONERS RUSTY JOHNSON II)/„ . o. CITY OF OCOEE SCOTT ANDERSON 150 N.LAKESHORE DRIVE SCOTT A.GLASS OCOEE,FLORIDA 34761-2258 JIM GLEASON ,``� Z).}41 (407)656-2322 CITY MANAGER 1.46Of GOO ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: February 2, 1996 RE: GENERAL PROJECTION SYSTEMS, INC. PREVENTATIVE MAINTENANCE AGREEMENT On yesterday's date, we met with General Projection Systems, Inc. to discuss a maintenance contract on our television equipment. At that time GPS agreed to not only include the equipment that had been installed on this contract, but also the new television equipment that we are purchasing to provide live coverage of our meetings in the future. They also agreed not to change their price of$382.50 per month for this service. Since we have a substantial investment in this equipment we would recommend this Agreement be signed by the City to protect our investment. Furthermore, we would recommend that the $3,100.00 necessary for the 8 months of this contract during this fiscal year be taken out of Contingency, which currently has an amount of$106,296.21. Respectfully Submitted, f City of Ocoee Preventative Maintenance Agreement Provided to: City of Ocoee City Commission Chamber 150 N. Lakeshore Drive Ocoee, FL. 34761 herein referred to as "Owner". Provided by: General Projection Systems, Inc. ("GPS") 402 S. North Lake Blvd. Suite 1004 Altamonte Springs, FL 32701 407-260-5511 Equipment to be covered: See attached list. Project Location: City of Ocoee Commision Chamber City of Ocoee 150 N. Lakeshore Drive Ocoee, FL. 34761 TERMS AND CONDITIONS 1. MAINTENANCE VISITS: General Projection Systems, Inc. (GPS) will make 12 visits to Owner's above listed sites, once per month for a period of one year begining after the date of this agreement. The purpose of these visits will be to perform preventative maintenance (PM) on the above listed equipment. The inspections and work to be accomplished will include but not be limited to those outlined in Schedule A. Upon completion of each inspection/PM visit, Owner will be furnished with a copy of the inspection report regarding the condition of the equipment and adjustments made. Discrepancies will be noted on the report and permission will be obtained prior to any corrective repair action, if needed. 2. QUARTERLY EMERGENCY VISITS: If necessary, this agreement will include one additional, "emergency" visit, during normal business hours, every three months. Additional emergency visits during any three month period will be charged at published GPS service rates. Providing the Owner contacts GPS prior to 3:00 PM, the emergency service call shall be performed by close of business the next business day and, if chargeable, at standard, non-overtime rates regardless of the time of performance. 3. BACK UP EQUIPMENT: If back-up equipment is available, this agreement will include the use of any available and needed back-up equipment, if desired by Owner, for use during maintenance or failure periods of the above listed equipment. Delivery and set-up of this back-up equipment will be considered an "emergency" visit as defined above. Standard rental fee will not be charged for the back up equipment so long as repair or approval delays are not caused by Owner. City of Ocoee Preventative Maintenance Agreement 4. ACCESS TO EQUIPMENT: GPS agrees to notify Owner (through its Facilities Manager or designee) at least one week prior to each PM visit. Owner agrees to make facility and equipment available to GPS for the purpose of inspecting and performing the above mentioned PM activities on the 2nd Friday of each month. This agreement covers service performed only at sites shown for Owner above. 5. GUARANTEES: GPS does not guarantee equipment up time or response time. Maintenance will be performed to an agreed upon schedule and emergency call response will be by the first available service representative in the territory. Every reasonable attempt will be made to provide service, during normal working hours, within 24 hours of notification of GPS by Owner. 6. PARTS AND ADDITIONAL WORK: This agreement does not cover parts or work beyond the inspection and PM described above. Parts and work beyond the scope of this agreement will be billed at published rates. Owner will be informed of necessary work and parts to be replaced; work will not be performed prior to obtaining Owner's permission to proceed. 7. AUTOMATIC RENEWAL: If Owner does not notify GPS otherwise, this agreement will automatically renew itself each year at the rates in effect at the time of renewal and will continue unless canceled in writing by either party. Owner and GPS both agree to provide the other at least 60 days written notice of intent to cancel this agreement. If canceled, GPS will refund any unearned portion of any advance payment and Owner will pay to GPS any earned payments for work completed or ordered. GPS will notify owner at least 30 days in advance of renewal date the amount of the renewal rate including any increases. 8. TAXES: Owner has indicated that it is not subject to nor will GPS charge owner sales tax on the described services. Owner agrees to pay any future tax charged on such services. 9. FEES: The fee for the service covered under this agreement is $382.50 per month, payable monthly. Normal hourly rates are $85 per hour. Overtime (after 5:00 p.m., before 8:00 a.m., weekends, holidays, etc.) is charged at 150% of the normal hourly rate. Travel time is charged at applicable hourly rate. All rates are plus applicable taxes. City of Ocoee Preventative Maintenance Agreement 10. LIMITATION OF LIABILITY: THE TOTAL LIMIT OF LIABILITY OF GPS ON ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE MANUFACTURE, SALE DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF ANY PRODUCT OR THE FURNISHING OF ANY SERVICE SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PRODUCT OR SERVICE OR PART THEREOF WHICH GIVES RISE TO THE CLAIM. IN NO EVENT SHALL GPS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, COST OF CAPITAL, CLAIMS OF CUSTOMERS FOR SERVICE INTERRUPTIONS OR FAILURE TO SUPPLY, AND COSTS AND EXPENSES INCURRED IN CONNECTION WITH LABOR, OVERHEAD, TRANSPORTATION OR SUBSTITUTE FACILITIES OR SUPPLY SOURCES. 11. GENERAL: Should either party default under the terms of this agreement thereby resulting in legal action, the prevailing party shall be entitled to court cost and reasonable attorney's fees. Any legal action caused by either party shall be adjudicated under the laws of the state the Project Location listed above. 12. BILLING POLICY GPS agrees to only invoice for services rendered. If, for any reason, service cannot be performed in any given month during the period covered by this agreement the standard monthly fee will not be charged to the Owner. 13. STANDARD REPAIR WARRANTY When equipment is repaired outside of normal warranties, GPS agrees to provide a 30 day warranty on the specific repair made. Should the same component within a piece of equipment fail again within 30 days after replacement, that component will be replaced at no charge to the Owner(including travel time). ACCEPTED: For: Ge. - : •,ject.. S, -ms, Inc. By:A . d L 4, Title: fg ES/)f^ir Date: /- Z^y- For: City of Ocoee By: Title: Date: n _ C P Z m it C < < -4 -1 -4cnww = mmmmmmmzm3KKr7comiOpnmDDDI1, DDDDDDD 0 O D O O * O O O C m m m m m > > m D Z m r m O D m c c C K K g 3 K $ 3 3 nZ - OZpmSZDDmCCZ nnnnnZwNwOOm - - OXXXXXXXX ZN X { OOOOONCCCryX O �I . cO mS. 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