Fort Walton Beach Council agenda — 06-25-13--regular — reading text

Contractor for any warranty - related repairs or replacements; however, the Contractor shall be entitled to receive any reimbursement or payment that may be offered by the manufacturer with respect to warranty repairs, replacements, or claims performed or paid by the Contractor. Non -Warranty repairs performed by the Contractors technician at the City's direction will be billed to the City at the Contractors actual cost plus 20 %; provided, however, that at no time shall that total cost exceed $ 57. 00 per hour. Warranty related activities will be the first responsibility of the technician. In cases where the amount of warranty work does not require 40 hours in a particular week the City shall provide non -warranty assignments to the technician; however, warranty and non -warranty assignments together shall not exceed 40 hours in any week. Payment by the City will not include vacation time, holidays, sickness or training to keep skills updated. SECTION 10. 0 MISCELLANEOUS PROVISIONS. 10. 1 Time shall be of the essence in performance of this Contract; provided, however, that either party shall be excused from timely performance under this Contract to the extent that, but only to the extent that, such delay is the result of any cause beyond the reasonable control of, and not the result of negligence or the lack of diligence of, the party claiming such excuse from timely performance. 10. 2 Failure to enforce or insist upon compliance with any of the terms or conditions of this Contract or failure to give notice or declare this Contract terminated shall not constitute a general waiver or relinquishment of the same or any other terms, conditions, or acts; but the same shall be and remain at all times in full force and effect. 10.3 If written notice to a party is required under this Contract, such notice shall be given by hand delivery, recognized overnight delivery service, or by first class mail, registered and return receipt requested, to Contractor as follows: ( Email notification is OK) Mike Davidson Ford 9650 Atlantic Blvd. Jacksonville, Fl. 32225 Attn: John Rossodivito and to the City as follows: City of Tallahassee Fleet Management Division Cwaraat Leghl -Duty Yehkles] Page 11 of 14 et Pg. IS  F8 .1. 4. b 400 Dupree Street Tallahassee, Florida 32304 Attn: Fleet Superintendent 10.4 Contractor shall not assign any of their rights or obligations under this Contract without prior approval by the City. 10. 5 Contractor shall be responsible for the actions of any and all of their subcontractors and consultants. Neither subcontractors nor any consultants shall interface directly with the City. 10. 6 This Contract and every question arising hereunder shall be construed, interpreted, or determined according to the laws of the State of Florida. Venue for any action brought in relation to this Contract shall be placed in a court of competent jurisdiction in Leon County, Florida. 10.7 As required by Section 287. 133, ( 2 ( a), Florida Statues, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or a public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287. 010 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Any person must notify the City within 30 days after a conviction of a public entity crime applicable to that person or to an affiliate of that person. 10.6 The language of this Contract shall be construed according to its fair meaning, and not strictly for or against either City or Contractor. The section headings appearing herein are for the convenience of the parties and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of this Contract. ff any provision of this Contract is determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Contract and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto that if any provision of this Contract is capable of two constructions, one of which would render the provision void and the other of which would render the provisions valid, then the provision shall have the meaning which renders it valid. 10. 9 Contractor agrees that it will not discriminate against any employee or applicant for employment for work under this Contract because of race, color, religion, gender, age or national origin and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without clw. t light -bury VAides) Page 12 of 14 Packet_ '  8. 1. 4. 6 regard to race, creed, color, sex, marital status or national origin. The Contractor will post a copy of this pledge in a conspicuous place, available to all employees and job applicants and will place or cause to be placed a statement in all solicitations or advertisement for job applicants, including subcontracts, that the respondent is an " Equal Opportunity Employer'. 10. 10 The Contractor shall make Vehicles available to other governmental entities on the same terms and conditions as set forth in this Contract; provided, however, that such terms shall not include Section 4.2, Section 9.2, or Section 9. 4. Should any such entity purchase a Vehicle on such basis, the Contractor shall report such purchases to the City and, within thirty ( 30) days following final payment for each such purchase, shall provide a credit to the City in the amount of $75. 00 per Vehicle. If such credit is not used within 6 months after being credited to the City, the City shall have the option of receiving payment from the Contractor, as opposed to a credit, in the same amount. This provision shall apply to all purchases initiated during the term of this Agreement, even if such purchase continues and payment is received after the expiration of such term. 10. 11 It is understood and agreed that this Contract, including exhibits and references if any), is the entire Contract between the parties and supersedes all prior oral agreements and negotiations between the parties relating to the subject matter hereof. City and Contractor, by mutual agreement, may change or amend the terms and conditions of this Contract. All such changes or amendments shall be set forth in a written amendment to this Contract. 10. 12 If any portion of this Contract, or any Exhibit or portion thereof, is held to be invalid by a court of law, such provision shall be considered severable, and the remainder of this Contract shall be construed and enforced in a manner consistent with the intent of the Parties. Should any provision of this Agreement directly conflict with a provision of the RFP or the Proposal, the provision of this Agreement shall control. 10. 13 It is the intent of the Parties that any provision of this Agreement that, by its terms or by any reasonable interpretation thereof, is intended to survive termination whether by expiration, default, extinguishment or otherwise) of this Agreement, including indemnity obligations, will do so. C.Light WWt-Duly VW eleal Page 13 0f J4 I +ackefFg: 47  F-8 .1. 4.b IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized representatives, effective the date first above written. CITY OF TALLAHASSEE 0 Attest: LL By: By: d/ V1N1W C' 6d1&%l_ f4Zl . Od James ooke, IV Ca h is — Interim Treasurer -Clerk Manager for Procurement Services Lu a Approver] srto f rm: 0 0 By: Q City Attorney M NN DAVIDSON FORD LTD., dba MIKE DAVIDSON F6RD Witness as to the ontractor name and title of signatory) tness as to the Contractor C. MU t Light -Duty Feh¢ lW Page 14. f14 Packet Pg. 48'  8. 1. 5 Aak City Council of Fort Walton Beach ENGINEERING & UTILITY SERVICES ENZWPI MEMORANDUM To: Michael D. Beedie, City Manager From: Tim Bolduc, Engineering and Utilities Services Director Date: June 25, 2013 Subject: Amendment of Local Housing Assistance Plan for FY 2013 -2016 1. BACKGROUND: I. I. The State Housing Initiatives Partnership ( SHIP) is administered