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Home My WebLink About1994 05 27 - Maintenance AgreementMAINTENANCE AGREEMENT DIESEL GENERATOR SETS A) This Maintenance Agreement is entered into by NEWMAN SONS and the generating set owner below named for the purpose of maintaining the emergency standby generating set(s) and associated equipment as listed below (Paragraph D) in the best possible operating condition. This will minimize the necessity of emergency attention, thus assuring efficient upkeep practices by trained technical personnel at a minimum cost. B) Upon acceptance of this Agreement, NEWMAN SONS will render the service listed below on this equipment. It will be inspected during regular business hours as indicated in paragraph D while this Agreement remains in effect. This inspections will include: 1. Inspect and tighten, if necessary, all injector supply and return lines. 2. Inspect and check injection pump. 3. The entire equipment lubricated and the oil changed if the running time meter indicates more than 100 hours operation since last oil change. 4. Fuel tanks and lines to be inspected for the purpose of determining if excessive sludge or rust is collecting. All fuel filters and sediment bowls to be cleaned. 5. Check entire equipment for fuel or water leaks. 6. Check condition of batteries and report any action necessary for recharging or replacing. 7. Clean or replace air cleaner. 8. Check brushes on generator for proper setting and operation. 9. Clean commutator and slip rings. 10. Check automatic transfer switch. 11. Check all instruments for proper operation. 12. Instruct proper personnel on operating and upkeep procedures between regular calls by service personnel. 13. After all of the above, run generating set and conduct test (under load where practical). 14. Submit a report to the owner, upon request, of this entire inspection, advising of any further parts or work required. C) It is the purpose of this Maintenance Agreement to ensure the listed equipment is serviced and maintained in good running condition. In the event repair and/ or parts are required for the equipment that are not covered by this Agreement indicated in paragraph B, NEWMAN SONS will provide a written estimate to include the cost of labor and parts to the City of Sebastian Utilities Department for their approval prior to repair, providing the cost of repairs exceeds $250.00. Should the cost of repairs be less than $250.00, only a verbal approval need to be received from the Plant Operator, Plant Supervisor, or the Director of Utilities. D) The charge for this service will be as follows: Manufacturer Model# Serial # Location ONAN 350DFN-12R/18781C G810583229 FILBERT STREET � ONAN TRANSFER SWITCH Annual Rate $490.00 Two (2) regular inspections will be done as follows: The initial inspection will be within 30 days of the execution of this agreement and every six months thereafter. E) Emergency and required service between regular inspections occurring during standard business hours will be provided at Newman Sons applicable time and material cost then in effect. Services required after normal business hours will be billed as Labor Rate sheet attached specifies. No charges will be billed for travel (Mileage). Charges are based on a Portal to Portal. It is understood that this Agreement does not include any parts, labor, or traveling expenses other than those specifically mentioned above. It does not include expenses to repair damage caused by abuse, negligence, accident, theft, acts of a third person, forces of nature, or altering the equipment. NEWMAN SONS shall not be responsible for failure to render the service for causes beyond its control, including strikes, and labor disputes. This contract is effective for one year from the date of this agreement as signed by the owner and is payable within 30 days of that date of signature. The parties reserve the right to extend the term of this Agreement for an additional term of one (1) year on the same terms and conditions upon mutual written agreement. This Agreement is not assignable without the consent of the NEWMAN SONS and will remain in force until canceled by either party through 30 days advance written notice to the other. F) Any notices or communications required or permitted to be given hereunder shall be in writing and shall be deemed delivered by one party to another party when personally delivered to them or when placed in a depository under the control of the United States Postal Service, and Mailed by certified or registered mail, return receipt requested, postage prepaid, addressed to: If to the Generating With a Copy to: Set Owner: City of Sebastian Attn: City Manager, 1225 Main Street Sebastian, F1. 32958 Phone: 407-589-5330 Fax : 407-589-5570 Joel Koford Charles Ian Nash, City Attorney Frese, Nash & Torpy, P.A. 930 South Harbor City Blvd. Suite 505 Melbourne, F1. 32901 Phone: 407-984-3300 Fax : 407-951-3741 If to Newman Sons: Newman Sons Attn: Mike Newman 3076 N. Kings Hwy. Ft. Pierce, F1. 34951 Phone: 407-465-2490 Fax : 407-465-4881 or such other address as shall have been furnished in writing to all parties hereto in a like manner. Refusal of the mailing by any party shall be deemed to be receipt of the writing for purposes of this Agreement. G) Except as specifically stated herein, this Agreement, constitutes the entire agreement between parties and supersedes all agreements, representations, warranties, statements, promises and understandings not specifically set forth in this Agreement. None of the parties have in any way relied, nor shall in any way rely upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Agreement. H) Except as otherwise provided in the Agreement, All covenants and agreements of the parties contained in this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. I) This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Florida, and venue for any action brought to interpret, construe or enforce this Agreement shall be in Indian River County, Florida. J) This Agreement may be executed Simultaneously in two or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. K) Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge of termination is sought. L) Each personal pronoun shall include the masculine, feminine and neuter genders, and the singular shall include the plural and the plural shall include the singular, where the context so requires. M) The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provision, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. N) The failure of any of the parties at any time to require performance of any provision of this Agreement shall in no manner affect the right of such party at any later time to enforce of require the same unless waived in writing. No waiver by any party of any condition or breach shall be construed or deemed to be a waiver of any other condition or any other breach of any term, covenant or warranty contained in this Agreement. O) Nothing in this Agreement shall be construed as giving any individual, person, firm, corporation or any other entity other than the signatory parties hereto and their respective successors and permitted assigns, any right, remedy or claim under or in respect to this Agreement or any provision hereof. P) Any Change to this Contract required by the parties shall be executed with the same formalities as the original contract. IN WITNESS WHEREOF, the City has hereunto subscribed and Contractor has affixed his, its, or their names, or name. CITY: ATTE T: THE LTYOF SEBASTIAN, FLORIDA M. a By: Kathr M. O'Halloran CMC/AAE, City Clerk Name: Joel L. Koford (Corporate Seal) Approved as to Form and Suf�cy: 1 Title: City Manager Charles Ian Nash, City Attorney Signed, sealed and delivered in t presence of: Name: SANDRA WESTOVER Oft(Al,�a00r ,1a Name: CANDI BELLAMY STATE OF FLORIDA COUNTY OF INDIAN RIVER CONTRACTOR: By: NENMAN SONS Name: V. PRESIDENT LIC#N550-833-47-060-0 Title: The foregoing instrument was acknowledged before me this 1st day of June , 1994 by Joel L. Koford the City Manager of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. He/she is personally known to me or produced as identification. Q j� V� V Notary P is State of orida Nanccv S . Veid3- Printed Pame GC2 Commi.ssio Nll CY ANSVEIDT NOTARY PUBLIC STATE OF FLORIDA STATE OF FLORIDA COMMISSION NO.CC2M9 COUNTY OF FNB+*13-Ri-titER ST LUCIE MYCOMMISSIONEXP.MAY 31,1997 The foregoing instrument was acknowledged before me this 27th day of MAY , 199 4 by MIKE NEWMAN on behalf of CONTRACTOR. He/she is personally known to me or produced FLORIDA DRIVERS LICENSE as identification. taryubI State of Florid CATS KA) Printed Name OFFICIAL NOTARY SEAL SANDRA KAY 4VESTOVER NOTARY PUBLIC STATE OF FLORIDAJ Comm i s imccN1N11619II9RJ EXP. DBC 61997