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Ord. No. 41-05-1863WHEREAS, Miami Dade County Elevator Code 8.6.1.2.1 requires that all buildings with elevator systems must maintain a written Maintenance Control Program; and WHEREAS, the Mayor and City Commission wish to enter into a 5 -Year Elevator Maintenance Service agreement with ThyssenKrupp Elevator Corp.; and WHEREAS, this service agreement will provide a preventative maintenance program for the City's elevator systems, thus assuring maximum performance and safe operation. 6, Igo ,,g. II ANN Section 1. The Mayor and City Commission authorize the City .Manager to execute a 5-Year elevator maintenance agreement with ThyssenKrupp Elevator Corp. Section 2. The 5 -Year maintenance agreement will cost $20,100 and the FY 2005 -06 service fee of $4,020 will be charged to Public Works Department's account number 001- 171.0- 519 -4670, with a current balance of $55,000.00. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall take effect immediately upon approval. SIGNATURE PAGE TO FOLLOW Pg. 2 of Ord. No. 41 -05 -1863 PASSED AND ADOPTED this _4 day of �s 2 2005. To:, G : CITY CLERK READ AND APPROVED AS TO FORM: 2II°Reading- 11/15/05 COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: CADocuments and SettingslArlcke \My Documents \Word DocumentslOrdinanceFlevatorMaintenance .doe 4 -0 Yea Yea out of room Yea Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: Honorable Mayor, Vice Mayor & City Commission From: Maria V. Davis , City Manager ORDINANCE: Date: Agenda Item # South Miami Ail- NnedcaMW 2001 Re: Authorizing the City Manager to execute a 5 -year agreement with ThyssenKrupp Elevator Corp. for Elevator Maintenance AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE YEAR AGREEMENT WITH THYSSENKRUPP ELEVATOR CORP. FOR MAINTENANCE OF ELEVATORS FOR THE AMOUNT OF $20,100 WITH THE FY 2005 -06 SERVICE FEE OF $4,020 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001 -1710 -519 -4670; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: The ThyssenKrupp Elevator Corporation currently provides elevator maintenance services for the Police Station on a month by month agreement, while the Community Center is not on a maintenance contract. In an effort to maximize the performance, safety, and life span of our elevators, we need to keep a comprehensive maintenance program for both buildings. This agreement will allow for monthly preventative maintenance services for both buildings. The Preventative Maintenance Program will include the examination of the elevator equipment for the following optimum operation: ❑ Control and landing positioning systems • Signal fixtures • Machines, drives, motors, governors, sheaves, and ropes • Power units, pumps, valves, and jacks • Car and hoist way door operating devices and door protection equipment • Loadweighers, car frames and platforms, and counterweights • Safety mechanisms Also, on all after hour service requests, ThyssenKrupp Elevator Corporation will absorb straight time and overtime premium expenses that can be accomplished in two hours or less. Currently, we pay $202.67 monthly for preventative maintenance services for the Police Station. With the new proposed contract, we will be paying $185.00 and $150.00 for the Police Station and the Community Center's elevator maintenance services, respectively. To secure the service with ThyssenKrupp Elevator Corporation for the next 5 years, we intend to "piggyback" on Miami -Dade County's contract with ThyssenKrupp Elevator Corporation. Attached is the County's Contract Award Sheet with bid number 1233- 4/08 -1. The proposed contract amount of $4,020 for FY 2005 -06 will be charged to account number 001- 1710 - 519 -4670 with an account balance of $55,000.00. RECOMMENDATION: We recommend approval of the attached ordinance. ATTACHMENTS: ❑ Proposed Ordinance ❑ Copy of proposed agreement with ThyssenKrupp Elevator Corporation ❑ Miami -Dade County Contract Award Sheet Purchaser: City of South Miami c/o South Miami Police Station 4795 SW 75 Avenue Miami, FL 33155 Location: South Miami Police Station 6130 Sunset Drive South Miami, FL 33143 By: ThyssenKrupp Elevator Corporation 7481 NW 661' Street Miami, FL 33166 Telephone: 305-592-7722 Fax: 305-592-1221 E -Mail: adam. luckey @thyssenkruppelevator.com Internet: www.thyssenkruppelevator.com PLATINUM MAINTENANCE AGREEMENT ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment as outlined in this agreement. We will endeavor to provide a comprehensive maintenance program to maximize the performance, safety, and life span of your equipment. Units To Be Maintained Building Name Unit Quantity Manufacturer Type of Unit Unit ID or Serial # Number of Floors Hydraulic South Miami One (1) Eastern passenger A1054W 2- Stops Police Station Elevator elevator, 2000 Ibs capacity, 75 FPM ThyssenKrupp Elevator Elevator Maintenance Agreement Page 1 of 5 Preventative Maintenance Program Examine your elevator equipment for optimum operation. Control and landing positioning systems Signal fixtures Machines, drives, motors, governors, sheaves, and ropes Power units, pumps, valves, and jacks Car and hoistway door operating devices and door protection equipment Loadweighers, car frames and platforms, and counterweights Safety mechanisms Lubricate equipment for smooth and efficient performance. Adjust elevator parts and components to maximize performance and safe operation. Document all work performed on Maintenance Tasks & Records logs provided with each controller. Full Coverage Parts Replacement Relamp all signals as required (during regularly scheduled visits). Repair or replace components worn due to normal wear. Refer to "Other Considerations" section for items not covered. Quality Assurance To help increase elevator performance and decrease downtime, our technicians utilize the latest industry methods and technology available to us for your specific brand of elevator. They will be equipped with the tools, documentation and knowledge to troubleshoot your unique system, as well as access to a comprehensive parts replacement inventory system. Behind our technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a team of engineers and field support experts. Our North American technical support facilities continuously research advancements in the industry and in your equipment. Also, our internal quality control program ensures optimum and reliable operation of your elevator equipment. Annual Safety Testing Test equipment as outlined in the American National Standard Safety Code for Elevators and Escalators, ANSI A17.1, current edition as of the date this agreement begins. We will perform governor and safety tests on traction elevators once per year and relief pressure tests on hydraulic elevators once per year. You agree to pay for any costs of the inspector or inspection fees. Service Hours & Service Requests During Normal Working Hours We will visit your elevators on a regularly scheduled basis. These visits will be performed during normal business hours, Monday through Friday, 8:00 am to 4:30 pm (except scheduled holidays). We will respond to service requests during these hours at no extra charge. Service requests are defined as minor adjustments or emergency entrapments that can be accomplished in two hours or less (excluding travel time). After Hours Service Requests On all after hours service requests, we will absorb straight time and overtime premium expenses that can be accomplished in two hours or less (excluding travel time). Service requests are defined as minor adjustments or emergency entrapments ❑ VIEW® (Check box if included) VIEW is ThyssenKrupp Elevator's customer oriented, online service activity reporting system. VIEW allows building owners and managers to monitor ThyssenKrupp's maintenance and service call activity. VIEW can be accessed via the Internet any time, day or night. You can 'VIEW' service tickets associated with a single elevator, for all the elevators at the location being serviced, or across an entire portfolio. Special considerations regarding VIEW are set forth below. ❑ VISTA® (Check box if included) VISTA Remote Monitoring is ThyssenKrupp Elevator's exclusive service for monitoring the status and performance of your elevator(s). VISTA monitors compatible equipment 24 hours a day, 7 days per week, 365 days per year. Constantly monitoring performance data on your equipment provides ThyssenKrupp Elevator the ability to respond to operational irregularities quicker and more efficiently. With VISTA, we can often dispatch a service technician to your location before any interruption in elevator service occurs. Service visits based on VISTA data will be made during normal business hours of normal business days. Special considerations regarding VISTA are set forth below. ❑ SoundNet® (Check box if included) SoundNet is ThyssenKrupp Elevator's 24 -hour phone monitoring and emergency call service. Call representatives are trained to handle elevator calls; they can assess the situation and quickly - dispatch a technician when - necessary, If needed,- they- can. stay- on- the- line..to- reassure _ a - -. stranded passenger that help is on the way. SoundNet maintains a computerized and hard copy record of time, date, and location of calls received and action taken for the benefit of passengers and building owners. Special considerations regarding SoundNet are set forth below. ThyssenKrupp Elevator Maintenance Agreement Page 2 of 5 Product Information. You agree to provide ThyssenKrupp Elevator with current wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement (exception: we will supply all of the above for new ThyssenKrupp elevators at no additional cost). You agree to authorize us to produce single copies of any programmable device(s) used in the equipment for the purpose of archival back -up of the software embodied therein. These Kerns will remain your property. Safety. You agree to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to detect irregularities between elevator examinations. You agree to report immediately any condition that may indicate the need for correction before the next regular examination. You agree to shut down the equipment immediately upon manifestation of any irregularities in operation or appearance of the equipment, notify us at once, and keep the equipment shut down until the completion of any repairs. You agree to give us verbal notice immediately and written notice within ten (10) days after any occurrence or accident in or about the elevator. You agree to provide our personnel a safe place in which to work. We reserve the right to discontinue work in the building whenever, in our sole opinion, our personnel do not have a safe place in which to work. You agree to provide a suitable machine room including secured doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature of 50 °F minimum to 90T maximum. You also agree to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, you will contract with others for removal and the proper handling of such liquids. Other. You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part of the equipment during the term of this agreement. You agree to accept our judgment as to the means and methods to be employed for any corrective work under this agreement, including that you agree if ThyssenKrupp Elevator's inspection of a piece of equipment serviced under this Agreement reveals an operational problem which jeopardizes the safety of the riding public, ThyssenKrupp Elevator may shut down the equipment until such time as the operational problem is resolved. ThyssenKrupp Elevator will immediately advise you in writing of such action, the reason for such action, and whether the proposed solution is covered by the terms of this agreement. In the event of the sale, lease or other transfer of the elevator(s) or equipment described herein, or the premises in which they are located, you agree to see that such successor is made aware of this agreement and assumes and agrees to be bound by the terms hereof for the balance of the agreement, and subject to termination as herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the agreement. In consideration of ThyssenKrupp Elevator performing the services herein specified, you expressly agree to indemnify, defend, save harmless, discharge, release and forever acquit ThyssenKrupp Elevator, our officers, agents and employees from and against any and all claims, demands, suits, and proceedings brought against ThyssenKrupp Elevator or our employees, including but not limited to loss, damage, injury or death that are alleged to have arisen from the negligence of Purchaser or any others in connection with the presence, use, misuse, maintenance, installation, removal, manufacture, design, operation or condition of the equipment covered by this agreement, or the associated areas surrounding such equipment. Your duty to indemnify does not apply to claims or losses determined to be caused by or resulting from the negligence of ThyssenKrupp Elevator or our employees. You recognize that your obligation to ThyssenKrupp Elevator under this clause includes payment of all attorney's fees, court costs, judgments, settlements, interest and any other expenses of litigation arising out of such claims or lawsuits. Insurance. You expressly agree to name ThyssenKrupp Elevator as an additional insured in your liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure us for those claims or losses referenced in the above paragraph, and for claims or losses arising from the sole negligence of ThyssenKrupp Elevator or our employees. You hereby waive the right of subrogation. Items not covered. We do not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing, or replacement of the cab enclosure, ceiling frames, panels, and /or fixtures, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator jack outer casing, buried piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, communication devices, security systems not installed by us, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this agreement. [Enter additional items not covered] Other conditions. With the passage of time, equipment technology and designs will change, We will not be required to make any changes or recommendations in the existing design or function of the unit(s). We shall not be obligated to service, make renewals or repairs upon the equipment by reason of obsolescence, misuse of the equipment, another's negligence, loss of power, blown fuse(s), tripped stop switch(es), theft, vandalism, explosion, fire, power failure, water damage, storm, lightning, nuisance calls, acts of civil or military authorities, strikes, lockouts, ads of God, or any other reason or cause beyond our control. In the event any component of the elevator becomes obsolete or outmoded, or is no longer manufactured by the original manufacturer, it shall be your obligation to replace the obsolete or outmoded component at your expense. We will not be obligated to install new attachments or parts upon the equipment as recommended or directed by insurance companies, any governmental agency or authority, or any third party. Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKrupp Elevator assumes no responsibility for the operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms of this agreement until the test has been made. We shall not be liable for damage to the building structure resulting from the performance of safety tests. Should the respective system fail any of the required tests, it shall be your sole responsibility to make necessary repairs and to place the equipment in a condition that will be acceptable for coverage under the terms of this agreement. ThyssenKrupp Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor, troubles, strikes, lockouts, fire, explosions, theft, riot, civil commotion, war, malicious mischief, acts of God, or any cause beyond its control, and in no event shall ThyssenKrupp Elevator be liable for any damages, nor any consequential, special, or indirect damages. ThyssenKrupp Elevator shall automatically receive an extension of time commensurate with any delay regarding the aforementioned. In the event a third party is retained to enforce, construe or defend any of the terms and conditions of this agreement or to collect any monies due hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. You hereby waive trial by jury. ThyssenKrupp Elevator Maintenance Agreement Page 3 of 5 In the event any portion of this agreement is deemed invalid or unenforceable by a court of law, public policy or statute, such finding shall not affect the validity or enforceability of any other portion of this agreement. Our rights under this agreement shall be cumulative and our failure to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by us in the method, mode or manner of payment or any of Rs other rights shall not be construed as a waiver of any of its rights under this agreement. Price. The price for the services as stated in this agreement shall be One Hundred Eighty Five and 00 /100 dollars ($185.00) per month, excluding taxes, payable quarterly in advance. Term. This agreement is effective for five (5) years starting date of signed acceptance and is non - cancelable, except with thirty (30) days written notice for reasons of non - performance. "Non- performance" is defined as our inability to remedy any deficiencies within thirty (30) days after receiving written notification from you. To ensure continuous service, this agreement will be automatically renewed for successive five (5) year periods, unless either party timely serves written notice upon the other party of its intention to cancel at least ninety (90) days before the end of the initial five (5) year period, or ninety (90) days before the end of any subsequent five (5) year renewal period. Notice shall be sent by certified mail, return receipt requested. Time is of the essence. Early Payment Discount. If you pay in advance for twelve (12) months of service on the units covered in this agreement, you may take a 3% discount from the annual price. Annual Price Adjustments. As the costs we incur for providing elevator service may increase, we will adjust the price of your service accordingly, annually, effective on the date a field labor increase is implemented. We will adjust your monthly price based on the percentage change in the average rate paid to elevator examiners. This rate consists of the hourly rate paid to examiners plus fringe benefits and union welfare granted in place of or in addition to the hourly rate. Fringe benefits include pensions, vacations, paid holidays, group insurance, sickness and accident insurance, and hospital insurance. Pricing may also increase or decrease in the event the equipment is modified from its present state. Overdue Invoices. A service charge of 1112% per month, or the highest legal rate, whichever is less, shall apply to overdue accounts. If you do not pay any sum within sixty (60) days from the billing date, we may also choose to do one of the following: 1) suspend all service until all amounts due have been paid in full, or 2) declare all sums for the unexpired term of this agreement due immediately and terminate this agreement. If ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for damages or injuries to persons or property from the lack of service. Upon resumption of service, you will be responsible for payment to ThyssenKrupp Elevator of any costs we incur as a result of the suspension of service. Time is of the essence. Acceptance. Your acceptance of this agreement and its approval by an authorized manager of ThyssenKrupp Elevator will constitute exclusively and entirely the agreement for the services herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this agreement will govern in the event of a conflict. This proposal is hereby accepted in its entirety and shall constitute the entire agreement as contemplated by you and us. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the written approval of an authorized ThyssenKrupp Elevator manager. ThyssenKrupp Elevator Company: City of South Miami ThyssenKrupp Elevator Approval: By: _ 8y 8y � 4 (Signature of Authorized Individual) (Signature of Authorized Individual) (Signature of Authorized Individual) ThyssenKrupp Representative (Print or Type Name) (Print or Type Name) Adam Luckey 786- 336 -5274 (Print or Type Tide) (Print or Type Title) d� at e.of Submittal) ( Date "of A- rd- val )­ (Date-of Approval)'" ThyssenKrupp Elevator Maintenance Agreement Page 4 of 5 Special Considerations Existing Contract shall remain in full effect until this agreement has been mutually agreed to and executed by both parties. ThyssenKrupp Elevator Maintenance Agreement Page 5 of 5 Purchaser: City of South Miami c/o South Miami Community Center 4795 SW 75 Avenue Miami, FL 33155 Location: South Miami Community Center 5800 SW 66 Street South Miami, FL 33143 By: ThyssenKrupp Elevator Corporation 7481 NW 66"' Street Miami, FL 33166 Telephone: 305- 592 -7722 Fax:305- 592 -1221 E -Mail: adam. luckey @thyssenkruppelevator.com Internet: www.thyssenkruppelevator.com PLATINUM MAINTENANCE AGREEMENT ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment as outlined in this agreement. We will endeavor to provide a comprehensive maintenance program to maximize the performance, safety, and life span of your equipment. Units To Be Maintained Building Name Unit Quantity Manufacturer Type of Unit Oildrualic South Miami One (1) ThyssenKrupp passenger Community Center Elevators TAC20 elevator, 2100 Ibs capacity, 100 FPM ThyssenKrupp Elevator Elevator Maintenance Agreement Unit ID or Serial # Number of Floors ED3452 Page 1 of 2- Stops Preventative Maintenance Program Examine your elevator equipment for optimum operation. Control and landing positioning systems Signal fixtures Machines, drives, motors, governors, sheaves, and ropes Power units, pumps, valves, and jacks Car and hoistway door operating devices and door protection equipment Loadweighers, car frames and platforms, and counterweights Safety mechanisms Lubricate equipment for smooth and efficient performance. Adjust elevator parts and components to maximize performance and safe operation. Document all work performed on Maintenance Tasks & Records logs provided with each controller. Full Coverage Parts Replacement Relamp all signals as required (during regularly scheduled visits). Repair or replace components worn due to normal wear. Refer to "Other Considerations" section for items not covered. Quality Assurance To help increase elevator performance and decrease downtime, our technicians utilize the latest industry methods and technology available to us for your specific brand of elevator. They will be equipped with the tools, documentation and knowledge to troubleshoot your unique system, as well as access to a comprehensive parts replacement inventory system. Behind our technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a team of engineers and field support experts. Our North American technical support facilities continuously research advancements in the industry and in your equipment. Also, our internal quality control program ensures optimum and reliable operation of your elevator equipment. Annual Safety Testing Test equipment as outlined in the American National Standard Safety Code for Elevators and Escalators, ANSI A17.1, current edition as of the date this agreement begins. We will perform governor and safety tests on traction elevators once per year and relief pressure tests on hydraulic elevators once per year. You agree to pay for any costs of the inspector or inspection fees. Service Hours & Service Requests During Normal Working Hours We will visit your elevators on a regularly scheduled basis. These visits will be performed during normal business hours, Monday through Friday, 8:00 am to 4:30 pm (except scheduled holidays). We will respond to service requests during these hours at no extra charge. Service requests are defined as minor adjustments or emergency entrapments that can be accomplished in two hours or less (excluding travel time). After Hours Service Requests On service requests outside of normal business hours for services covered under this Agreement, we will absorb the straight time costs of labor, and you will be responsible for the difference between the straight time costs and overtime costs of labor. Labor costs include travel time, travel expenses, and time spent on the job. ❑ VIEW@ (Check box if included) VIEW is ThyssenKrupp Elevator's customer oriented, online service activity reporting system. VIEW allows building owners and managers to monitor ThyssenKrupp's maintenance and service call activity. VIEW can be accessed via the Internet any time, day or night. You can 'VIEW' service tickets associated with a single elevator, for all the elevators at the location being serviced, or across an entire portfolio. Special considerations regarding VIEW are set forth below. ❑ VISTA® (Check box if included) VISTA Remote Monitoring is ThyssenKrupp Elevator's exclusive service for monitoring the status and performance of your elevator(s). VISTA monitors compatible equipment 24 hours a day, 7 days per week, 365 days per year. Constantly monitoring performance data on your equipment provides ThyssenKrupp Elevator the ability to respond to operational irregularities quicker and more efficiently. With VISTA, we can often dispatch a service technician to your location before any interruption in elevator service occurs. Service visits based on VISTA data will be made during normal business hours of normal business days. Special considerations regarding VISTA are set forth below. ❑ SDundNet® (Check box if included) SoundNet is ThyssenKrupp Elevator's 24 -hour phone monitoring and emergency call service. Call representatives are trained to handle elevator calls;- they- .can.assess.the situation ,and, .quickly_disp-atcb._o- technician when necEL ary._If needed they__can stay on, the line _to reassure a stranded passenger that help is on the way. SoundNet maintains a computerized and hard copy record of time, date, and location of calls received and action taken for the benefit of passengers and building owners. Special considerations regarding SoundNet are set forth below. ThyssenKrupp Elevator Maintenance Agreement Page 2 of 5 Product Information. You agree to provide ThyssenKrupp Elevator with current wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement (exception: we will supply all of the above for new ThyssenKrupp elevators at no additional cost). You agree to authorize us to produce single copies of any programmable device(s) used in the equipment for the purpose of archival back -up of the software embodied therein. These items will remain your property. Safety. You agree to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to detect irregularities between elevator examinations. You agree to report immediately any condition that may indicate the need for correction before the next regular examination. You agree to shut down the equipment immediately upon manifestation of any irregularities in operation or appearance of the equipment, notify us at once, and keep the equipment shut down until the completion of any repairs. You agree to give us verbal notice immediately and written notice within ten (10) days after any occurrence or accident in or about the elevator. You agree to provide our personnel a safe place in which to work. We reserve the right to discontinue work in the building whenever, in our sole opinion, our personnel do not have a safe place in which to work. You agree to provide a suitable machine room including secured doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature of 50 °F minimum to 90 °F maximum. You also agree to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, you will contract with others for removal and the proper handling of such liquids. Other. You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part of the equipment during the term of this agreement. You agree to accept our judgment as to the means and methods to be employed for any corrective work under this agreement, including that you agree if ThyssenKrupp Elevator's inspection of a piece of equipment serviced under this Agreement reveals an operational problem which jeopardizes the safety of the riding public, ThyssenKrupp Elevator may shut down the equipment until such time as the operational problem is resolved. ThyssenKrupp Elevator will immediately advise you in writing of such action, the reason for such action, and whether the proposed solution is covered by the terms of this agreement. In the event of the sale, lease or other transfer of the elevator(s) or equipment described herein, or the premises in which they are located, you agree to see that such successor is made aware of this agreement and assumes and agrees to be bound by the terms hereof for the balance of the agreement, and subject to termination as herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the agreement. In consideration of ThyssenKrupp Elevator performing the services herein specified, you expressly agree to indemnify, defend, save harmless, discharge, release and forever acquit ThyssenKrupp Elevator, our officers, agents and employees from and against any and all claims, demands, suits, and proceedings brought against ThyssenKrupp Elevator or our employees, including but not limited to loss, damage, injury or death that are alleged to have arisen from the negligence of Purchaser or any others in connection with the presence, use, misuse, maintenance, installation, removal, manufacture, design, operation or condition of the equipment covered by this agreement, or the associated areas surrounding such equipment. Your duty to indemnify does not apply to claims or losses determined to be caused by or resulting from the negligence of ThyssenKrupp Elevator or our employees. You recognize that your obligation to ThyssenKrupp Elevator under this clause includes payment of all attorney's fees, court costs, judgments, settlements, interest and any other expenses of litigation arising out of such claims or lawsuits. Insurance. You expressly agree to name ThyssenKrupp Elevator as an additional insured in your liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure us for those claims or losses referenced in the above paragraph, and for claims or losses arising from the sole negligence of ThyssenKrupp Elevator or our employees. You hereby waive the right of subrogation. Items not covered. We do not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing, or replacement of the cab enclosure, ceiling frames, panels, and /or fixtures, hoistway door panels, door frames, sills, car flooring, floor covering, ghting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator jack outer casing, buried piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, communication devices, security systems not installed by us, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this agreement. [Enter additional items not covered) Other conditions. With the passage of time, equipment technology and designs will change. We will not be required to make any changes or recommendations in the existing design or function of the unit(s). We shall not be obligated to service, make renewals or repairs upon the equipment by reason of obsolescence, misuse of the equipment, another's negligence, loss of power, blown fuse(s), tripped stop switch(es), theft, vandalism, explosion, fire, power failure, water damage, storm, lightning, nuisance calls, acts of civil or military authorities, strikes, lockouts, acts of God, or any other reason or cause beyond our control. In the event any component of the elevator becomes obsolete or outmoded, or is no longer manufactured by the original manufacturer, it shall be your obligation to replace the obsolete or outmoded component at your expense. We will not be obligated to install new attachments or parts upon the equipment as recommended or directed by insurance companies, any governmental agency or authority, or any third party. Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKrupp Elevator assumes no responsibility for the operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms of this agreement until the test has been made. We shall not be liable for damage to the building structure resulting from the performance of safety tests. Should the respective system fail any of the required tests, it shall be your sole responsibility to make necessary repairs and to place the equipment in a condition that will be acceptable for coverage under the terms of this agreement. ThyssenKrupp Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor, troubles, strikes, lockouts, fire, explosions, theft, riot, civil commotion, war, malicious mischief, acts of God, or any cause beyond its control, and in no event shall ThyssenKrupp Elevator be liable for any damages, nor any consequential, special, or indirect damages. ThyssenKrupp Elevator shall automatically receive an extension of time commensurate with any delay regarding the aforementioned. In the event a third party is retained to enforce, construe or defend, any of the terms and conditions of this agreement or to collect any monies due hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. You hereby waive trial by jury. Thyssen7trupp Elevator Maintenance Agreement Page 3 of 5 In the event any portion of this agreement is deemed invalid or unenforceable by a court of law, public policy or statute, such finding shall not affect the validity or enforceability of any other portion of this agreement. Our rights under this agreement shall be cumulative and our failure to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by us in the method, mode or manner of payment or any of its other rights shall not be construed as a waiver of any of its rights under this agreement. Price. The price for the services as stated in this agreement shall be One Hundred Fifty and 001100 dollars ($150.00) per month, excluding taxes, payable quarterly in advance. Term. This agreement is effective for five (5) years starting date of signed acceptance and is non - cancelable, except with thirty (30) days written notice for reasons of non - performance. "Non- performance" is defined as our inability to remedy any deficiencies within thirty (3D) days after receiving written notification from you. To ensure continuous service, this agreement will be automatically renewed for successive five (5) year periods, unless either party timely serves written notice upon the other party of its intention to cancel at least ninety (90) days before the end of the initial five (5) year period, or ninety (90) days before the end of any subsequent five (5) year renewal period. Notice shall be sent by certified mail, return receipt requested. Time is of the essence. Early Payment Discount. If you pay in advance for twelve (12) months of service on the units covered in this agreement, you may take a 3% discount from the annual price. Annual Price Adjustments. As the costs we incur for providing elevator service may increase, we will adjust the price of your service accordingly, annually, effective on the date a field labor increase is implemented. We will adjust your monthly price based on the percentage change in the average rate paid to elevator examiners. This rate consists of the hourly rate paid to examiners plus fringe benefits and union welfare granted in place of or in addition to the hourly rate. Fringe benefits include pensions, vacations, paid holidays, group insurance, sickness and accident insurance, and hospital insurance. Pricing may also increase or decrease in the event the equipment is modified from its present state. Overdue Invoices. A service charge of 1112% per month, or the highest legal rate, whichever is less, shall apply to overdue accounts. If you do not pay any sum within sixty (60) days from the billing date, we may also choose to do one of the following: 1) suspend all service until all amounts due have been paid in full, or 2) declare all sums for the unexpired term of this agreement due immediately and terminate this agreement. If ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for damages or injuries to persons or property from the lack of service. Upon resumption of service, you will be responsible for payment to ThyssenKrupp Elevator of any costs we incur as a result of the suspension of service. Time is of the essence. Acceptance. Your acceptance of this agreement and its approval by an authorized manager of ThyssenKrupp Elevator will constitute exclusively and entirely the agreement for the services herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this agreement will govern in the event of a conflict. This proposal is hereby accepted in its entirety and shall constitute the entire agreement as contemplated by you and us. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the written approval of an authorized ThyssenKrupp Elevator manager. ThyssenKrupp Elevator Company: City of South Miami ThyssenKrupp Elevator Approval: By: B Y: � Y. (Sign ure of Authorized Individual) ThyssenKrupp Representative Adam Luckey 786 - 336 -5274 �-05 (Date of Submittal) - (Signature of Authorized Individual) (Print or Type Name) (Print or Type Title) (Date of Approval) By: (Signature of Authorized Individual) (Print or Type Name) (Print or Type Title) (Date of Approval) - - - ThyssenKrupp Elevator Maintenance Agreement Page 4 of 5 Special Considerations ThyssenKrupp Elevator Maintenance Agreement Page 5 of 5 WF CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION BID NO.: 1233- 4/08 -1 Previous Bid No.: 1233- 4 /08- OTR -LW TITLE: ELEVATOR MAINTENANCE SERVICES COMMODITY CODE NO.: 295 -70 OTR YEARS: Four (4) LIVING WAGE APPLIES: YES CONTRACT PERIOD: 4/1/05 through 3/31/06 AWARD BASED ON MEASURES: NO SR. PROCUREMENT AGENT: Jose A. Sanchez, CPPB PHONE: 305- 375 -4265 ❑ Set Aside ❑ Bid Preference ❑ Goal ❑ BBE ❑ HBE ❑ WBE Owned Firms ❑ Local Preference ❑ CSBE Level ❑ Prevailing Wages (Reso. 90 -143) ❑ Living Wage PART #1: VENDOR AWARDED F.E.I.N.: 621211267 -02 VENDOR: Thyssenkrupp Elevator Corporation (BPO # ABCW6500445 STREET: P.O. Box 933010 CITY /STATE /ZIP: Atlanta, Georgia 31193 -3010 F.O.B. TERMS: Destination PAYMENT TERMS: Net 30 Days DELIVERY: As required TOLL FREE PHONE # 8001683 -8888 PHONE: 305/592 -7722 FAX: 305/597 -5709 E- MAIL: Reid .kelley(ti),thyssenkruppelevator.com CONTACT PERSON: Reid J. Kelley DEPARTMENT OF PROCUREMENT MANAGEMENT __. _..._.__ _..... _...._ ._.._ _ -_BIDS -AND CONTRACTS -DMS -ION— _.__ . _... _.. __._..._ 1 AWARD SHEET.&e Revised 09 /19 10D MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade Counly, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 11/1/2005 in the XXXX Court, was published in said newspaper in the issues of 10/21/2005 Affiant further says that the said Miami Daily Business y, Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this vertise or publication in the said newspaper. Sworn to and subscribed before me this 21 daq-of CTOBER '--"� D (SEAL) ��P,v0.f.� Maria f. Mesa O.V. FERBEYRE personally w` r,;r�$rtbW6Dmmisslon DD293855 or wsY` 15)(P)M Mamh 04, 2006 CITY OP 9OUTH MIA @ �TIC1- ®F NOTICE IS HEREBY giv ant hat the City Coinin sion of fhe City of Se Miami, Florida will conduct Public Hearings:atit's regular City Commis; meeting scheduled for Tuesday, November t, 2005 beginning at 7 p.m., in the Ciry Commission Chambers, 6130 Sunsat Drive;: consfderthefoliowingiteifis: ..AN 16R MAYOR QND CITY,,LtOMMISSIQN OF THE CITY OFj;SOU7H MIAMf jECORIDA „OREATIN(3i CHAPTER'21; POWER OF EMINENTDOMAIN, TOADD THE PROVISION.. EN7ITLED ;NSF OFyPOWER OF, EMINENT,60< MAIN' WHICH WILL PREVENT FUTURE CITY COMMISSIONS FROM,AUT.HORIZIN�'.THE FILING OF EMINENT; DOMAIN.. LA ,gUITS`'WHEN THE;END 'RESULT OP SUCN ACTION WOULD BE TO'SELL,'THE PROPERTY TO PRIVRTE'PAR TIES; PROVIDING FOR:CODIFICATION ORDINANCES;IN` CONFLICT AN DAN EFFECTIVE DATEf i' ' Y: AN ORDINANCE OF THE MAYOR AND CITY CQMMISSION' OF THE CITY OF SOUTH MIAMLiFLOAIDA AUTj- IORIZING; THE CITY..MANAGER:TQ PUR'CHASE'R' 2006 REAR STEER- LOADER. (KNUCKLE -BOOM CRANEILDADER)Aj!2p06�26 CUBIC YARD TRASH TRUCK AND, A;2005 UjiLdTY TRUCK, AT A TOTAL COST OF$,225;376:09'Vt(ITH THE FIESTYEAR'S; INSTALLMENT PAjYMENT OF FIVE PAYMENTC NOT TQ EX;� CEED $45,075.22 TO BE!HARGED7,(27 -HEM P,UBL(r WOAK5 DEPARTMENT LEASEt{,PURCiiASE '(y� ?RUCKS ,'{�OOOUNT, NUMBERS'` 001 1720 -534 -4455 AND 'I 11 1730"541 4455; PROVIDING FOR uSEVERABIt,11' ,... I .. CES iN CON FUCT, AND AN EFFECTIVE rAA t�r,i N ORDINANCE OFTHE MAYO t R AND CITY COMMISSION, OF THE CITY OF SOUTH -MIAMI „FLORIDA (.PTHORIZING,. THE CITY MANgGER,TO ENTER INTO *F IVE FIVE YEAR AGREE MENT WITH THYSSENKRUPliO ELEVATOR CORD M1FOR' MAI TENANCEvOEXLEVATORS 'FOR'SHE AMOUNT�,OF;; $20,100ATH T.HE FT' 2005 06 SERVICE FEErOF$4 020 TO, BECHARGEDTOPUBLICWORKS DEPARTMENTA OCOUNT' NUMBER 001 1710 519- 4670; PROVIDING FOR$E1%ERABILT <: TY, ORDINANCES IN CONFLICT AND!AN EFFECTIVE DATE ran AN ORDINANCE OF,111 HE MAYOR AND CITY,COMMISSiON OFiTHE, CITY OF SOUTHil 1 11 FLORIDA REI3.TING'I GARBAGE AND TRASHAMENDING SECTION,i 7r23(a)'OF THE CODE OF ORDINANCES ENTITLED REFUSE "COL4.EC -+ TiON "FEES? SCHEDULE; "I.PROVIDING.FOR.SEVERABILITY;' s . ORDINANCES INC NFU T AND AN EFFECTIVEDATE A RESOLUTION OF THE MAYOR AND CijY COtL7MISS10N„ OF THE GIT.Y OF SOUTH MIAMI, FLORIDA APPROVING THEr :. ABANDONMENT OF.AN UNIMPROVED RIGHT, -OF- WAY,' PORTION i,FOR'PUTU,RE VEHICLE;';ACCESS -(OF SW'50.'' STREETILOCATED BETWEEN SW 63RD AVENUEAND 1 NE' ^ CORI bliiATE LIMIT LINE bF,T1 E CI'I -Y o,F SOUTH AAIAMi ! SAID ABANDONMENT SUBJECT TO THE CONTINUANCEOF THE EXISTING UTILITY, EASEMENTS AND GENERAL cPE. DESTRIAN ACCESS PROVIDING FOR AN EFFECTIVE DATE Above Hems can be inspected m the Ciry,Clerk's Of rd Monday 4- Friday Lid regularoffiye hours ;j If yoU..ave,any mquI es on the above items please contact the i City Cie rMaoffice at 305- 663 6340 ALL interestetl parties are invited fo atterid and will be heard. IT Maria M. Menendez" City Clerk + PUasuant to Flojitla Statutes 286 0105, tfie'Cfry hereby advises the pu that if a person decides to appeal any decisiph made by this Board; Ag cy or Commission with respect to any matter consideredat its meefin1 11 hearing, he orshe will'need atecord oft a I for si purpose, affected person may, need to ensure tijat a verbatim reco�i the proceedings is made which record includes thetestimPny arid`i Bence upon which the appeal, is to be based: ' i0 /21 _ . OS +3° 37/59847 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /Wa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - NOVEMBER 15, 2005 in the XXXX Court, was published in said newspaper in the issues of 11/04/2005 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this dver ise publication in the said newspapec7 /� Sworn to and subscribed before me this 04 d }to NOVEMB — ri.D. 2005 \ (SEAL),' Maria 1. Mesa O.V. FERBEYRE personali a�eto the mmission DD293 855 or Expires Expires March 04r 2003 HOW TO REACH YOUR GOVERNMENT CORAL GABLES CITY COMMISSION e Mayor Dogs Siesnick: 305 -460 -5220, donslesnick@cbraigables.com e Vice-Mayor Maria Anderson: 305- 460 -5223, manderson @cgralgables.com ' o Commissioner Rafael `Ralph' Cabrera, Jr 305 -569 -1817, rcabrera @coraigables.com o Commissioner William H. Kerdyk, Jr.: 305 -569 -1817; wkerclyk@coralgables.com o Commissioner Wayne E. `Chip' Withers-. 305- 460 -5323, wwithers @coralgabies.com o City Attorney Elizabeth M. Hernandez: 305 -460 -5219 o City Cleek Walter Foeman: 305- 460 -5208 o City Manager David L, Brown: 305- 460 5201 CITYDEPARTMENTS I . • Building and Zoning: 305-460-5235. • City Hall :305 -446 6800 • City Hall Annex: 305 -460 -5000 • Finance: 305- 460 -5276 • Parking: 305-460-5540 • Parks and Recreation: 305- 460 -5620 • police and Fire: 305- 442 -1600 • Public Service: 305- 460 -5131 • public Works: 305-460-5000 • Youth Center: 305- 460 -5600 • Maintenance Facilities: 305- 460 -5040 • Hearing or Speech Impaired Telecommunication TTY /TDD: 305 -460 -5010 ' COURTESY NOTICE CITY OF SOUTH M9AM0, FLORIDA On Tuesday, November 15, 2005, beginning at 7:30 p.m., In the City, Commission Chambers, 6130 Sunset Drive, the City Commission will hold. Public Hearings to consider the following Items: We take the Comics very seriously.... That's why you'll find all your'favorites igThe Herald. sUC76LSeT om 9UtIW5 I �x a wN3i[%. THE SAIES Mon WHIM SA6R � � r f3 "NEC „ STAR a• IFLQDOH$ WANT IA race ® OYEH G ®R TWO? � HERE. ONE GITHURIINC® $ X60 SD ALL s eU btq GOOD CUSTOMER CARD FROM MARIA sRDI1ali m D1NYnDAU � ���, A620Lft cANpDIA a1.eD BOUT BRUT U ALL FLOV63$ "'P - "6E, ' ";;,V,vn q d? aflM�e &fl 8 a.�� E9 159 ffiS/3t31'$¢GIS � rx T"'. � 9 o ®,.n �v�aa9sE stNV am Va ®tW 50 DOMAINI FINVP BRIGID t FR @81 ffG9ff4 a ,„ ®Fd9 ®N I1 a FJ .a I h �.'' «, : 1 '' 01,9 750 s�Mg® 750 -.. " I 1 �N4ER SARK ,a �+ � �Bt� ��sllll J ifs 6� ®WNVt9VAt � $2099 t vct 9 oe �� YGDgH G06EOW $11 99 MHOUffi°$ 9Nisi 8. CREAM i STGLICNNAYA 1.75 SEEM Sc Il laS CNIVAS 750 NEAR JACN DANIELS 1.75$29.99 u�� I]5 7CDOWN 1.15$10.99 iS0 E&INS THE RED >Rg FAIR 1.75 Sam GLENLNET 750 $27.99 MAJOSMARB 79 $20.99 SEWMM'SV.0.L15$20.99 $ 750 SIRGAOELLE 75 $1949 1 g FAMOUS OMUSE im75 $26.99 LIGHT a, DATA JOHN TJAMESON 150 $18,09 9.99 RM MARum $ CANADIAN MIST1.75 $15.99 KAHLOA 9 y�N9t{Y1y3 r ( o�� 1sc 1299. WINES BURG. CHABLIS a 1,75 $,`fl F�'n'B�Jt.rs P,? JAJAGERMESTER 750 $19.99 an HOE VYF 3NE RR6FEND CHIANTI GOBDDN'S 135 $14.99 BEAGRAMS IAS $fE.99 MALIBU 1J5 119eq CRU2ANFLiV005150 11.99 ITNNESSYVS 75D ENDS COURVOISINVS 750 $2399 BAILEYS 750 $17.99 $ D 750 BEEFEATER 115 $21.99 BOMBAY 115 Sam MUM 750 15.99 RDN RICO 175516.99 LANITY'SVS9P MERCER PAULMASSON 1.75521.99 PATRON SEVER 750 $36.99 MANDOLIN NO 750$19.99 STOW VERCADRTH t Two's UOTHIA MADE ,' I i i Y ' -• SPFl6hNY1150F DR &fVDY $��9& �I SnROMUO fl� °Qrso .OR COMBUS 5 ®9 8399 6AND 23� t .s '+.. 1.15 OPIUM GOLD ORNIDIM (1 3M c7J 750 ®tIMWDP6 &R ®N a eo RESERVff ST. RUIRTIN CHARDIVERLOT vor�9 D�prE 5 Va®d(16 '�' ¢� i .« .y ce ®R981lGNY x"` �� vs 4N Y &flCULA fvJ sA�,3}9 ® NOT OfATA PdCdoP aWIGIO 6 JWR6t6N ER 14DMap W n7uoams cwosres trcrttmt flDN CG4S5 &NARIDP DJD 7aovwsmmu,$ SEE., >en �I DD T. °aD1t '&3°: r'Il3F08Il�': °IlN9?, . �� ATU- -GOLO ra .doe 15 FIIDM51E RDDdI OFEPB#IRBIX MNIS IVY (NRNI7W4 RGL4ND9f DJNRIE FIWgB$E IdW,V .. S9SAIERO.BE ff57R3481M N41IEN MIBD . RBEDixD I'Mn4Md 4kum Rr.. WAYAw3Fw.. ADkDaV 39ABS}n5'r1,2731,11 . VN-053.1181 M55581A RI4H3G8 55-0d54153 9S461GA I NI877i 9Std'd?ui, IlSAi l A41AE0 33'1991 inquiries concerning this Item should be directed to the City Clerk's office at 305- 663 -6340. ALL Interested parties are Invited to attend and will be heard.' Maria M. Menendez - City Clerk-