11-01-05 Item 12CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor &
City Commission
v
From: Maria V. Davis
City Manager
ORDINANCE:
Date:
South Miami
!A�il-AmericaCitry
1 11. I
2001
Agenda Item # A -
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
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
5 MANAGER TO ENTER INTO A FIVE YEAR AGREEMENT WITH
6 THYSSENKRUPP ELEVATOR CORP. FOR MAINTENANCE OF
7 ELEVATORS FOR THE AMOUNT OF $20,100 WITH THE FY 2005 -06
8 SERVICE FEE OF $4,020 TO BE CHARGED TO PUBLIC WORKS
9 DEPARTMENT ACCOUNT NUMBER 001- 1710 -519 -4670; PROVIDING FOR
10 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
11 DATE
12
13 WHEREAS, Miami Dade County Elevator Code 8.6.1.2.1 requires that all buildings
14 with elevator systems must maintain a written Maintenance Control Program; and
15
16 WHEREAS, the Mayor and City Commission wish to enter into a 5 -Year Elevator
17 Maintenance Service agreement with ThyssenKrupp Elevator Corp.; and
18
19 WHEREAS, this service agreement will provide a preventative maintenance program for
20 the City's elevator systems, thus assuring maximum performance and safe operation.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
24
25 Section 1. The Mayor and City Commission authorize the City Manager to execute a
26 5-Year elevator maintenance agreement with Thyssen.Krupp Elevator Corp.
27
28 Section 2. The 5 -Year maintenance agreement will cost $20,100 and the FY 2005 -06
29 service fee of $4,020 will be charged to Public Works Department's account number 001 -1710-
30 519 -4670, with a current balance of $55,000.00.
31_
32 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
33 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
34 affect the validity of the remaining portions of this ordinance.
35
36 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
37 ordinance are repealed.
38
39 Section 5. This ordinance shall take effect immediately upon approval.
40
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46 SIGNATURE PAGE TO FOLLOW
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PASSED AND ADOPTED this day of 52005.
ATTEST: APPROVED:
CITY CLERK MAYOR
1 st Reading —
2nd Reading —
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
CITY ATTORNEY Commissioner Birts- Cooper:
Commissioner Sherar:
CADocuments and Settings\Aricke\My Documents \Word Documents\ OrdinanceElevatorMaintenance.doc
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 66th 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.
Building Name
South Miami
Police Station
Units To Be Maintained
Unit Quantity Manufacturer Type of Unit
Hydraulic
One (1) Eastern passenger
Elevator elevator, 2000 Ibs
capacity, 75 FPM
ThyssenKrupp Elevator
Elevator Maintenance Agreement
Unit ID or Serial # Number of Floors
A1054W 2- Stops
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 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 507 minimum to 907 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.
Inconsideration 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, 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.
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 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 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 11/2% 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: °' By:
t"
(Signature of Authorized Individual)
ThyssenKrupp Representative
Adam Luckey
786 - 336 -5274
ii -�
(Signature of Authorized Individual)
(Print or Type Name)
(Print or Type Title)
Date of Submittal)
) _ (Date of "APPro "vat) —
ThyssenKrupp Elevator Maintenance Agreement
By:
(Signature of Authorized Individual)
(Print or Type Name)
(Print or Type Title)
(Date of Approval) _-
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 2- Stops
PayV
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.
❑ VIEWO (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_nee_ded,_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,
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, 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.
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 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 00 /100 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 (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 11 /2% 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:
( Signature of Authorized Individual)
ThyssenKrupp Representative
Adam Luckey
786 - 336 -5274
�( -..
By:
(Signature of Authorized Individual)
(Print or Type Name)
(Print or Type Title)
By:
(Signature of Authorized Individual)
(Print or Type Name)
(Print or Type Title)
- (Date of Submittal) - ( Date of Approval) — -- - -- - - -- - - - -- (Date- of-Approval) --
ThyssenKrupp Elevator Maintenance Agreement Page 4 of 5
Special Considerations
ThyssenKrupp Elevator Maintenance Agreement Page 5 of 5
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 _j
F.E.I.N.:
621211267 -02
VENDOR:
Thyssenkrupp Elevator Corporation (BPO # ABCW0500445
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 #
800/683 -8888
PHONE:
305/592 -7722
FAX:
305/597 -5709
E -MAIL:
Reid. kelleyrthyssenkruvvelevator .corn
CONTACT PERSON: Reid J. Kelley
DEPARTMENT OF PROCUREMENT MANAGEMENT
-. - -- . - - -- BIDS AND - CON-T- RAC-T-S- DIVISION — - - - - -- - _.. -— -- -- - - --
1
AWARD SHEET.doc
Revised 09/19/00
Mari
Pursuant to Florida
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that if a person decides to appeal any dec
cy or Commission with respect to any.ma
hearing, he or she will need'a record of th
purpose, affected person may need toe'
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PTO /21
CITY 1
10/21/2005 A
AN ORDINANCE OF THE MAYOR
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NOTICE IS HEREBY given th
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MIAMI DAILY BUSINESS REVIEW
AN} ORDINANCE
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Published Daily except Saturday, Sunday and
OF THE CITY OF; SO
Legal Holidays
Miami, Miami -Dade County, Florida
CHAPTER'21' ;; POWER a
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AN ORDINANCE OF-T.1-
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OF THE CITY OF "SOU,'
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THE CITY.MANAGER:T
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Mari
Pursuant to Florida
'Statutes 286.01 05; tf
that if a person decides to appeal any dec
cy or Commission with respect to any.ma
hearing, he or she will need'a record of th
purpose, affected person may need toe'
the proceedings is made which recordi
dente upon which the appeal is to be bas(
PTO /21
10/21/2005 A
AN ORDINANCE OF THE MAYOR
OF THE CITY OF"8' O0TH.,MW4,
THE CITY MANAGER O
O ENTI =fi, l
Affiant further says that the said Miami Daily Business M
MENT WITH" T
THYSSENKRUPP u
Review is newspaper published at Miami in said Miami -Dade M
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County, Florida and that the said newspaper has $
$20,100,WITH THE FY 2005 06:SE
heretofore been continuously published in said Miami -Dade County, B
NUMBER 001 - 1710 519 4
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Florida; each day (except Saturday, Sunday and Legal Holidays) N
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and has been entered as second class mail matter at the post T
office in Miami in said Miami- Dade County, Florida, for a A
AN ORDINANCE OF THE MAYOR
period of one year next preceding the first publication of the O
OF THE "CITY OF SOO T H "MIAMI
attached copy of advertisement; and affiant further says that he or G
GARBAGE AND TRASH;;AMENDII
she has neither paid nor promised any person, firm or corporation T
THE GODEe:OF ORDINANCES ENT
any discount, rebate, commission or refund for the purpose T
TION FEE SCHEDULE;- PROUIDI
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newspaper.
i A � RESOLUTION OF THE MAYOR
OF THE CITY OF SOUTH MIAMI; F.
ABANDONMENT OF AN: "
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DATE
Above items can be inspected in the (
(SEAL) r
r Friday during regular office hours:
. q Maria 1. Mew
mmission �a�2SSS55 I
If you have,any, inquiries on the abo!
�� Expi Manctt 04, 2utl� i
City Clerks".officeat.'3_5-6630-46,,:
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