R25-031 1 RESOLUTION NO. R25-031
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH
5 KONE, INC. TO SUPPLY CITY-WIDE ELEVATOR MAINTENANCE AND
6 REPAIR SERVICES FOR AN AMOUNT NOT-TO-EXCEED $100,000
7 ANNUALLY; AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, regular elevator monitoring and maintenance are crucial for ensuring both
10 safety and efficiency in buildings, with elevators being high-traffic systems that can experience
11 wear and tear, breakdowns, and potential safety hazards; and
12 WHEREAS, consistent maintenance helps to identify and resolve potential malfunctions
13 before they affect performance or pose risks to passengers, and also can extend the lifespan of
14 the elevator system, reduce the likelihood of costly repairs, ensure compliance with local safety
1; regulations, and improve energy efficiency; and
16 WHEREAS, on May 3, 2018, the city of Kansas City had issued a Request for Proposal, and
17 awarded Kone, Inc. an eleven-year agreement for elevator maintenance services commencing
18 December 1, 2018 and terminating on November 30, 2029; and
10 WHEREAS, the requested piggyback agreement with Kone, Inc. ("Vendor") will decrease
20 elevator maintenance costs for the City; and
21 WHEREAS,the City Commission, upon the recommendation of staff, has deemed it in the
22 best interests of the City's citizens and residents to approve the Piggyback Agreement with the
3 Vendor for City-wide elevator maintenance and repair services, with an annual amount not to
24 exceed $100,000; and
25
0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
27 BEACH, FLORIDA, THAT:
28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption.
30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
31 approve the Piggyback Agreement between the City and Vendor, for City-wide elevator
32 maintenance and repair services, with an annual amount not to exceed $100,000, in form and
33 substance similar to the, attached as Exhibit A.
34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
35 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to
36 execute any ancillary documents as may be necessary to accomplish the purpose of this
37 Resolution.
38 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a
39 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to
40 Adrianna Greco-Arencibia to forward to the Vendor.
41 SECTION 5. This Resolution shall take effect in accordance with law.
42 [SIGNATURES ON THE FOLLOWING PAGE]
43
44 PASSED AND ADOPTED this day of I-e_AD rULC.. 2025.
45 CITY OF BOYNTON BEACH, FLORIDA
46 YES. -- NO
47 Mayor—Ty Penserga
48 ✓
49 Vice Mayor—Aimee Kelley
50
51 Commissioner—Angela Cruz
52 .7
53 Commissioner—Woodrow L. Hay
54
55 Commissioner— Thomas Turkin
56
57 VOTE c-c
58 ATTES .
59
10
60 (LJ .' • '� . ,�WTJs�
61 Maylee De J-s MPA, MM' T •- •:- •a
62 City Clerk May.•
63
64 APPROVED AS TO FORM:
65 (Corporate Seal) ';O,{NTON e\\`
66 %�
kQ'.�QORarF•;F9 � �.
67 i O.vp ....I_os � �/1'1
68 l— SA�p1 +: Shawna G. Lamb
69 �" •,Nc 1g2� • City Attorney
• •.,.P
` FLO.
� l
PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND KONE, INC.
This Piggyback Agreement is made as of this Cday of , 2025, by and
between Kone, Inc., a State of Missouri corporation,with a principal address of 27 0 Bistate Drive,
Suite 100, Kansas City, MO 64108 hereinafter referred to as "Vendor," and the City of Boynton
Beach, a municipal corporation organized and existing under the laws of Florida, with a business
address of 100 East Ocean Avenue,Boynton Beach,Florida 33435,hereinafter referred to as"City."
RECITALS
WHEREAS, on May 3, 2018, the City of Kansas City issued a "Request for Proposal"
(RFP), as the Principal Procurement Agency, which partnered with OMNIA Partners to establish a
Master Agreement for a complete line of Elevator, Escalator, and Walkway Maintenance and
Modernization Services, Inspection Services and Related Solutions for which they received one(1)
response; and
WHEREAS, the City of Kansas City found Kone, Inc. ("Vendor") to be a responsive,
responsible bidder and awarded it an eleven-year (11) agreement commencing December 1, 2018,
and terminating November 30, 2029, RFP No. EV2516 ("Master Agreement"); and
WHEREAS,the City's Purchasing Policy Section X—Alternatives to Formal Sealed Bids,
provides authority for the City to acquire or contract for services without utilizing a sealed
competitive method or the written quotations methods where the desired services are the subject of
an agreement that utilizes another government entity's contract, provided that the contract was
awarded based strictly on competitive bidding; and
WHEREAS, in order to ensure the continued safety, reliability, and functionality of the
City's elevator systems, the City's Public Works — Facilities Division is requesting the City enter
into a Piggyback Agreement with the Vendor to provide comprehensive maintenance, inspection
services, and related solutions for all City elevators; and
WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master
Agreement, a copy of which is attached as Exhibit "A."
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
Piggyback Contract—Kone,Inc. I
AGREEMENT
1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement.
2. TERM: The term of this Agreement commences on full execution by the parties and will
remain in effect until November 30, 2029. The Mayor is authorized to execute any renewal
amendments. The initial term and any subsequent renewals of this Agreement are subject to
the renewal or extension of the Master Agreement. If the Master Agreement expires or is
terminated during the Term, this Agreement shall terminate no later than six months after
such expiration or termination of the Master Agreement.
3. CONTRACT TERMS: The Vendor shall complete the Services on the same terms and in
the same manner as set forth in the Master Agreement, except as otherwise provided herein.
All recitals, representations, and warranties of Vendor made by Vendor in the Master
Agreement are restated as if set forth fully herein, made for the benefit of the City, and
incorporated herein, except that all references to the "City of Kansas" are hereby replaced
with the "City of Boynton Beach." The City shall compensate the Vendor pursuant to the
rates set forth in the Master Agreement for the Services in an amount not to exceed
$100,000.00 per year.
4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt
requested, or customarily used overnight transmission with proof of delivery, sent to:
City: Daniel Dugger, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
Copy: Shawna G. Lamb, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
Registered Agent Name and Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301
5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be
mailed to:
Boynton Beach Finance Department
Attn: Accounts Payable
P.O. Box 310
Boynton Beach, FL 33425.
Piggyback Contract—Kone,Inc. 2
Invoices shall show the nature of the service and dates(s) of service. Invoices based on
hourly rates shall show the actual hours worked, person performing services, nature of the
service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently
than monthly. However, all services rendered prior to September 30th of any given year are
required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first
invoice.
The fee shall be paid based on receipt of a proper invoice in accordance with the invoice
schedule indicated above. Payment will be made within 45 days of receipt of a proper
invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et
al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence
of the performance of this Agreement by Vendor, either wholly or in part, and no payment
shall be construed to be an acceptance of or to relieve Vendor of liability for the defective,
faulty, or incomplete rendition of the Services.
6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales,
use, and related taxes. The City is exempt from state and local sales and use taxes and shall
not be invoiced for the same. Upon request, City will provide Vendor with proof of tax-
exempt status.
7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein
shall be considered nor construed to waive City's rights and immunities under the common
law or section 768.28, Florida Statutes, as may be amended.
8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the
Agreement, each Party shall bear its own attorney's fees and court costs.
9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty(30)days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall
comply with Florida's Public Records Law. Specifically, the Vendor shall:
A. Keep and maintain public records required by the City to perform the service;
B. Upon request from the City's custodian of public records,provide the City with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and, following completion of the contract, Vendor
shall destroy all copies of such confidential and exempt records remaining in its
possession once the Vendor transfers the records in its possession to the City; and
D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the
City, all public records in Vendor's possession All records stored electronically by
Piggyback Contract—Kone,Inc. 3
Vendor must be provided to the City,upon request from the City's custodian of public
records, in a format that is compatible with the information technology systems of the
City.
E. IF THE VENDOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerkabbfl.us
287.135 AND 215.473:Byexecution of this Agreement,
10. SCRUTINIZED COMPANIES �
Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further
certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the
Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in
business operations in Syria. Subject to limited exceptions provided in state law, the City
will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach of
contract. The City shall provide notice, in writing,to the Vendor of the City's determination
concerning the false certification.The Vendor shall have five(5)days from receipt of notice
to refute the false certification allegation. If such false certification is discovered during the
active contract term, the Vendor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination of false certification was made
in error. If the Vendor does not demonstrate that the City's determination of false
certification was made in error, then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time
to time.
11. E-VERIFY: VENDOR shall comply with Section 448.095, Fla. Stat., "Employment
Eligibility," including the registration and use of the E-Verify system to verify the work
authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall
result in termination of this Agreement. Any challenge to termination under this provision
must be filed in the Circuit Court no later than 20 calendar days after the date of termination.
If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be
awarded a public contract for a period of one (1) year after the date of termination.
12. DISPUTES: Any disputes that arise between the parties with respect to the performance of
this Agreement,which cannot be resolved through negotiations,shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by
Piggyback Contract—Kone,Inc. 4
both parties. This Agreement may be signed by the parties in counterparts, which together
shall constitute one and the same agreement among the parties. A facsimile signature shall
constitute an original signature for all purposes. Each person signing this Agreement on
behalf of either Party individually warrants that he or she has full legal power to execute the
Addendum on behalf of the Party for whom he or she is signing and to bind and obligate
such Party with respect to all provisions contained in this Agreement
14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City
for convenience upon fourteen (14) calendar days of written notice by the terminating party
to the other party for such termination in which event the Vendor shall be paid its
compensation for services performed to the termination date, including services reasonably
related to termination. In the event that the Vendor abandons the Agreement or causes it to
be terminated, the Vendor shall indemnify the City against loss pertaining to this
termination.
15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this
Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail
to perform or observe any of the terms, provisions, conditions, or requirements herein
contained, if such neglect or failure shall continue for a period of thirty (30) calendar days'
after receipt by Vendor of written notice of such neglect or failure.
16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City,its elected and
appointed officers, agents, assigns and employees, consultants, separate Vendors, any of
their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of
action whatsoever, and the resulting losses, damages,costs, and expenses, including but not
limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders,
judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor's
performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or
intentional wrongful conduct by Vendor's, its agents, employees, subcontractors,
participants, and volunteers, and(C) Vendor's failure to take out and maintain insurance as
required under this Agreement. Vendor's shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits, or actions of any kind or nature
in the name of the City,where applicable, including appellate proceedings, and shall pay all
costs, judgments, and attorneys' fees which may issue thereon. The obligations of this
section shall survive indefinitely regardless of termination of the Agreement.
17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City
with a copy of its Certificate of Insurance reflecting the insurance coverage required by the
Master Agreement.
18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to
which it is applicable, City shall not be liable or responsible to Vendor beyond the amount
remaining due to Vendor under the Agreement,regardless of whether said liability be based
in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for
punitive or exemplary damages or for lost profits or consequential damages.
19. NO SPECIAL DAMAGES. In no event shall either Party be liable to the other for any
special damages, speculative damages, indirect, special, incidental, consequential, loss of
profits, or other damages or losses of any kind whatsoever, no matter what the cause.
Piggyback Contract—Kone,Inc. 5
20. INDEPENDENT CONTRACTOR: The Agreement does not create an
employee/employer relationship between the Parties. It is the intent of the Parties that
Vendor is an independent contractor pursuant to the Agreement and shall not be considered
the City's employee for any purpose.
21. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times
material to the Agreement, Vendor shall perform its obligations in compliance with all
applicable federal, state, and local laws, rules, and regulations, including section 501.171,
Florida Statutes. Non-compliance may constitute a material breach of the Agreement.
22. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be
assigned, transferred, or otherwise encumbered, under any circumstances by Vendor,
Vendor must gain prior written consent from City thirty (30) business days before such
transfer. For purposes of this Agreement, any change of ownership of Company shall
constitute an assignment that requires City's approval. Notwithstanding the foregoing,
Vendor may, without City's consent, assign this Agreement in whole or in part as part of a
corporate reorganization, consolidation, merger, or sale of substantially all of its assets
related to this Agreement. Vendor shall provide City written notice of any such corporate
reorganization, consolidation, merger, or sale of substantially all of its assets related to this
Agreement within thirty (30) calendar days of such event.
23. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and
effect only as long as the expenditures provided for in the Agreement have been
appropriated by the City Commission of the City of Boynton Beach in the annual budget
for each fiscal year of this Agreement,and is subject to termination based on lack of funding.
Early termination by City due to loss of funding shall not obligate Vendor to refund any
prepaid fees.
24. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the
entire Agreement between the City and the Vendor with respect to the subject matter of this
Agreement. This Agreement supersedes all prior and contemporaneous negotiations,
understandings, and agreements, written or oral, between the parties. This Agreement may
not be modified except by the parties' mutual agreement set forth in writing and signed by
the parties.
25. SEVERABILITY. If any provision of this Agreement or application thereof to any person
or situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those
as to which it shall have been held invalid or unenforceable, shall not be affected thereby,
and shall continue in full force and effect, and be enforced to the fullest extent permitted by
law.
26. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement,
Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion
for labor or services, in accordance with Section 787.06(13), Florida Statutes.
Signature Page to follow
Piggyback Contract-Kone,Inc. 6
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH,FLORIDA KONE, INC.
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Title
Approved as to Form:
Aaexin‘ JaVzne
Shawna G. Lamb, City Attorney (Corporate Seal)
Attest/Authenticated:
Att-. e./Authenticated.
(Signature), Witness
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Maylee rus, City C k Print Name
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Piggyback Contract-Kone.Inc. 7
EXHIBIT "A"
AGREEMENT BETWEEN CITY OF KANSAS
AND KONE, INC.
Piggyback Contract—Kone,Inc. 8
Dedicated to People Flow' 0 MO
Exhibit 4
KONE Inc. Proposal to Supply Elevator, Escalator, Moving Walkway Maintenance, Repair, Modernization and
Related, Products, Services and Solutions under the U.S. Communities Program utilizing the Terms and
Conditions of the City of Kansas City Master Contract
(Reference GENRL-EV2516 dated December 1St, 2018)
The parties hereby agree to be bound to the Terms and Conditions of the City of Kansas City Master Contract
(Reference GENRL-EV2516 dated December 1st, 2018) ("Contract"), together with those terms and conditions contained
in this Exhibit 4(collectively, "Service Agreement"). In the event of conflict between terms and conditions contained in the
Contract and this Exhibit 4, the terms in this Exhibit 4 shall supersede and prevail.
PROPOSED UNITS & EQUIPMENT PRICING:
State Type of
Location Address Type OEM Serial Service
Intracoastal Park Complete
Pavilion 2240 North Federal Hwy Hydraulic TAC20 92937 Maintenance
Complete
Wilson Park 225 NW 12th Avenue Hydraulic TAC20 93049 Maintenance
Boynton Beach Fire Complete
Rescue 2080 High Ridge Road Hydraulic TAC20 95727 Maintenance
1913 Schoolhouse Dover Complete
Museum 141 E Ocean Drive Hydraulic DMC1 54426 Maintenance
Complete
West Water Plant 5468 W Boynton Beach Hydraulic MPHII 46528 Maintenance
Boynton Beach Dover Complete
Operations 124 E Wooldbright Rd Hydraulic DMC1 57136 Maintenance
Historic Woman's Complete
Club 1010 S Federal Hwy Hydraulic TAC32 42747 Maintenance
Schindler Complete
City Hall#1 100 E Ocean Ave MRL 3300 109806 Maintenance
Schindler Complete
City Hall#2 100 E Ocean Ave MRL 3300 109807 Maintenance
Schindler Complete
City Hall#3 100 E Ocean Ave MRL 3300 109600 Maintenance
Complete
Cultural Center#1 125 E Ocean Ave MRL OTIS GEN2 108570 Maintenance
Complete
Cultural Center#2 125 E Ocean Ave MRL OTIS GEN2 108569 Maintenance
Schindler Complete
Fire Station 1 201 NE 1st MRL 3300 109933 Maintenance
Police Schindler Complete
Headquarters 2100 High Ridge Road MRL 3300 109932 Maintenance
Kone Center Rev. OF 12/1/2017 Page 1 of 13
r
PROPOSED UNITS & EQUIPMENT PRICING:
(Breakdown of pricing compliant with Exhibit 3 below)
Pricing/month
Location State Serial Type of Service Pricing Component&% Pricing/month subtotal
Parts 15% $ 26.25
Intracoastal Park 92937 Complete Labor 60% $ 105.00 $ 175.00
Pavilion Maintenance
Overhead and Profit 25% $ 43.75
Wilson Park Parts 15% $ 26.25
CAROLYN SIMS 93049 Complete Labor 60%
Maintenance $ 105.00 $ 175.00
CENTER Overhead and Profit 25% $ 43.75
Parts 15% $ 26.25
Boynton Beach Fire Complete °
Rescue 95727 Maintenance Labor 60% $ 105.00 $ 175.00
Overhead and Profit 25% $ 43.75
Parts 15% $ 26.25
1913 Schoolhouse 54426 Complete Labor 60%
$ 105.00 $ 175.00
Museum Maintenance
Overhead and Profit 25% $ 43.75
Parts 15% $ 26.25
West Water Plant 46528 Complete Labor 60%
Maintenance $ 105.00 $ 175.00
Overhead and Profit 25% $ 43.75
Parts 15% $ 26.25
Boynton Beach 57136 Complete Labor 60%
$ 105.00 $ 175.00
Operations Maintenance
Overhead and Profit 25% $ 43.75
Parts 15% $ 26.25
Historic Woman's 42747 Complete Labor 60%
Club Maintenance $ 105.00 $ 175.00
Overhead and Profit 25% $ 43.75
Parts 15% $ 48.75
City Hall#1 109806 Complete Labor 60%
Maintenance $ 195.00 $ 325.00
Overhead and Profit 25% $ 81.25
Parts 15% $ 48.75
City Hall #2 109807 Complete Labor 60%
Maintenance $ 195.00 $ 325.00
Overhead and Profit 25% $ 81.25
Parts 15% $ 48.75
City Hall#3 109600 Complete Labor 60%
Maintenance $ 195.00 $ 325.00
Overhead and Profit 25% $ 81.25
Parts 15% $ 48.75
Cultural Center#1 108570 Complete Labor 60%
Maintenance $ 195.00 $ 325.00
Overhead and Profit 25% $ 81.25
Parts 15% $ 48.75
Cultural Center#1 108569 Complete Labor 60%
Maintenance $ 195.00 $ 325.00
Overhead and Profit 25% $ 81.25
Parts 15% $ 48.75
Fire Station 1 109933 Complete Labor 60%
Maintenance $ 195.00 $ 325.00
Overhead and Profit 25% $ 81.25
Parts 15% $ 48.75
Police Headquarters 109932 Complete Labor 60%
Maintenance $ 195.00 $ 325.00
Overhead and Profit 25% $ 81.25
Kone Center Rev.OF 12/1/2017 Page 2 of 13
TOTAL: $3,500.00/month
(Breakdown of pricing compliant with Exhibit 3 below)
Pricing/month Pricing/month
Pricing Component&% total contract total contract
Parts 15% $ 525.00
Labor 60% $ 2,100.00 $ 3,500.00
rOverhead and Profit 25% $ 875.00
The price is based upon annual in advance payment. In the event Purchaser requires a different payment
method, please contact your local account manager to adjust the payment frequency.
APPLICABLE LAW
This Agreement shall be construed and enforced in accordance with, and the validity and performance of shall be governed by, the
laws of the State of Florida.
PROPOSED SCOPE OF WORK:
1. SERVICES
Complete Maintenance- (Equipment included per table on page 1)
KONE will perform maintenance visits to examine,maintain,adjust,and lubricate the components listed below.
In addition, KONE will repair or replace the components listed below,unless exclusion or limited scope
language exists elsewhere in this Agreement.All other work related to the equipment is Purchaser's
responsibility unless specifically noted elsewhere in this Agreement,or unless Purchaser has separately
contracted with KONE for the work.
A. MRL Elevators
1. Relay Logic Control System
All control system components.
2. Microprocessor Control System
All control system components. System performance examinations will be conducted to ensure that
dispatching and motion control systems are operating properly.
3. Hoistway and Pit Equipment
All elevator control equipment and buffers.
4. Rails and Guides
Guide rails, guide shoe gibs, and rollers.
5. Ropes
Hoist ropes, governor ropes, and compensation ropes.
6. Wiring
All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor.
7. Door Equipment
Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door
protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices.
a. Manual Freight Door Equipment
Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and
Kone Center Rev. OF 12/1/2017 Page 3 of 13
counter-balancing equipment.
9. Power Freight Door Equipment
Controller,relays,contactors, rectifiers,timers, resistors,solid state components,door motors, retiring
cams, interlocks,switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices.
io. Signals and Accessories
Car operating panels,hall push button stations,hall lanterns,emergency lighting,carand hall position
indicators,car operating panels,fireman's service equipment and all other signals,and accessory
facilities furnished and installed as an integral part of the elevator equipment.Re-lamping of signal
fixtures is included only during KONE's maintenance visits.Service requests for re-lamping of signal
fixtures will be billed separately at KONE's then current labor rates.
11. Car Equipment
All elevator control system components on the car.
B. Hydraulic Elevators
1. Relay Logic Control System
All control system components.
2. Microprocessor Control System
All control system components. System performance examinations will be conducted to ensure that
dispatching and motion control systems are operating properly.
3. Power Unit
Pump, motor, valves, and all related parts and accessories.
4. Hoistway and Pit Equipment
All elevator control equipment and buffers.
s. Rails and Guides
Guide rails, guide shoe gibs, and rollers
6. Wiring
All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor.
7. Door Equipment
Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door
protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices.
8. Manual Freight Door Equipment
Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and
counter-balancing equipment.
s. Power Freight Door Equipment
Controller,relays,contactors, rectifiers,timers,resistors,solid state components,door motors, retiring
cams, interlocks,switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices.
lo. Hydraulic System Accessories
Exposed piping,fittings accessories between the pumping unit and the jack,jack packing,hydraulic
fluid,and any heating or cooling elements installed by the original equipment manufacturer("OEM")
for controlling fluid temperature.
ii. Signals and Accessories
Car operating panels,hall push button stations,hall lanterns,emergency lighting,carand hall position
indicators,car operating panels,fireman's service equipment and all other signals,and accessory
facilities furnished and installed as an integral part of the elevator equipment.Re-lamping of signal
fixtures is included only during KONE's maintenance visits.Service requests for re-lamping of signal
fixtures will be billed separately at KONE's then current labor rates.
12. Car Equipment
All elevator control system components on the car.
2. HOURS OF SERVICE
11 Kone Center Rev. OF 12/1/2017 Page 4 of 13
N
All services described above in this Agreement will be performed during the regular working hours of the regular
working days of the elevator or escalator trade in the location where the services are performed, unless
otherwise specified in the Agreement.
3. SERVICE REQUESTS (CALLBACKS)
Service requests are defined as services that require immediate attention and that are within the scope of
services and not excluded from the scope of services as provided below.Service requests outside the scope of
services will be billed separately at KONE's then current labor rates and material prices plus mileage and
incidentals.Any rates and lump sum amounts are not subject to audit.Service requests that require more than
one technician or more than two hours to complete will be treated as a repair and scheduled in accordance with
the Hours of Service section above.Purchaser agrees that KONE may perform service requests made by any
person that KONE believes is authorized by Purchaser to make such requests.
Regular Time Coverage - (Equipment coverage per the table on page 1)
In addition to the work described in the Scope of Services section,this Agreement covers requests for service
during the regular working hours of the regular working days of the elevator trade.
4. TESTS
KONE will perform the following tests on the equipment as per the table on page 1 of this Agreement. KONE is not
liable for any property damage or personal injury, including death, resulting from any test.
HYDRAULIC ELEVATOR
A pressure relief test and a yearly leakage test as required by applicable code.
TRACTION ELEVATOR
An annual no load test as required by applicable code.
A five (5) year full load test as required by applicable code.
5. EXCLUSIONS
The following are excluded from the scope of services and per attachment D "exclusions section" EV2516:
A. GENERAL
1. KONE is not obligated to:removal of water or excessive debris from the pit;make replacements or
repairs necessitated by fluctuations in the building power systems,adverse machine room or
environmental conditions(including without limitation temperature variations below 50 degrees or
above 90 degrees Fahrenheit)or humidity greater than 95%relative humidity,prior water exposure,
rust,fire,explosion,acts of God,misuse,vandalism,theft,acts or mandates of government,labor
disputes, strikes, lockouts,or tampering with the equipment by any person other than a KONE
representative, negligence or acts or omissions of the Purchaser or any third party, or any other
cause beyond KONE's control.
2. KONE agrees to maintain the existing performance as designed and installed. KONE is not
required under this Agreement to make changes in operation and/or control, subsequent to the
date of this Agreement.
3. Notwithstanding anything contained to the contrary within this Agreement, KONE's work shall not
include any abatement or disturbance of asbestos containing material (ACM), presumed asbestos
containing materials (PACM), or other hazardous materials (i.e. lead, PCBs) (collectively
"HazMat"). Any work in the affected area where reasonable precautions will be inadequate to
prevent foreseeable bodily injury or death to persons resulting from the HazMat is excluded from
KONE's scope of work without an applicable change order to reflect the additional costs and time.
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In accordance with OSHA requirements, Purchaser shall inform KONE and its employees who will
perform work activities in areas which contain HazMat of the presence and location of HazMat in such
areas which may be contacted during work before entering the area.Other than as expressly
disclosed in writing,Purchaser warrants that KONE's work area at all times meets applicable OSHA
permissible exposure limits (PELs).KONE shall have the right to discontinue its work in any location
where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays
caused by such, required in order for KONE to perform its work shall be Purchaser's sole
responsibility and expense.After any removal or abatement, Purchaser shall provide documentation
that the HazMat has been abated from the KONE work area and air clearance reports shall be made
available upon request prior to the start of KONE's work.
4. Nothing contained within this agreement shall be construed or interpreted as requiring KONE to
assume the status of an owner, operator,generator,storer,transporter,treater or disposal facility as
those terms appear within RC RA or any Federal or State statute or regulation governing the
generation,transportation,treatment,storage and disposal of pollutants.Purchaser shall be
responsible to execute all waste manifests necessary to transport hazardous materials for disposal.
B. OBSOLESCENCE
1. Component may become obsolete during the term of this Agreement. Obsolete components are
not covered under this Agreement.KONE will provide Purchaser with a separate quotation for the
price to replace obsolete components.Equipment modifications necessary to accommodate
replacement of obsolete components are at the Purchaser's expense.
2. Components include without limitation any part,component,assembly,product,orfirmware or software
module.Acomponent is obsolete when it can no longer be economically produced due to the
cessation of consistent sources for materials,a loss or termination of a manufacturing process occurs,
product reliability analysis shows that itis not economically feasible to continue to produce the
component,escalation of component costs beyond acceptable industry expectations drive alternative
equipment upgrades,the support of product safety programs or conformance to codes or standards
mandates that use of a component be discontinued in its entirety,the OEM designates the component
as obsolete,or such component has been installed 20 or more years. No exception to the above will
be made for a component designated as obsolete because it can be custom made or acquired at
any price.KONE will not be required to furnish reconditioned or used components.After the component
that replaces the obsolete component is installed,that component is covered under this Agreement
unless it becomes obsolete.
c. ELEVATOR
1. Refinishing,repairing,replacing,or cleaning of the:car enclosure;gates or door panels;door pull
straps;hoistway enclosure; rail alignment; hoistway doors; door frames;sills; hoistway gates;flooring;
power feeders,switches,and their wiring and fusing; car light diffusers; ceiling assemblies and
attachments; smoke or heat sensors;fans;fireman's phone devices; intercoms; phone lines;music
systems;media displays;card-readers or other security systems;computer monitoring systems;light
tubes and bulbs;pit pumps;emergency power generators;hydraulic cylinder;unexposed piping; oil
lines; victaulic fittings;or disposal or clean-up of waste oil or contamination caused by leaks in the
hydraulic cylinder or unexposed piping. KONE is not obligated to perform or keep records of
firefighter's service testing, unless specifically included in this Agreement. Hoist belts and drives
are excluded. Telescopic and or twin post piston/jacks and their packings/seals are excluded; any
below-ground or partially unexposed components of any hydraulic elevator system including, but
not limited to,jack/cylinder, piston, PVC and/or other protective material of any type of kind; any
below-ground or partially unexposed piping of any type or kind.
6.TERM AND TERMINATION
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A. This Agreement will commence of the effedive date and continue for an initial term of eleven (11) years as
stated in OMNIA Partners contract# EV2516 Amendment No 1. Sec 2. Term of Contract and
Additional Periods, A. Initial Term.
B. If a party materially breaches the Agreement,the other party shall provide written notice of the breach and a
reasonable time under the circumstances to cure the breach,but in no event less than a thirty(30)days
cure period. If the breaching party fails to cure the breach within the specified time period,the non-
breaching party may terminate the Agreement upon fifteen(15)days written notice to the other party.
8.ASSIGNMENT
Either party may assign the Agreement to a third party upon thirty(30)days prior written notice to the other
party subject to the terms of this provision. If Purchaser transfers ownership of the premises on which such
equipment is located to a new owner,Purchaser will promptly provide KONE with new owner's contact
information and take all such actions as are necessary to assign the Agreement to the new owner.
Purchaser will promptly provide KONE with a copy of such assignment.
9. Technical Survey
KONE will perform the technical survey on the new elevator(s) and or escalator(s)within 60 days of contract effective
date. If a safety hazard or code violation is identified during KONE's technical survey, Customer will immediately remove
the unit from service until repairs are performed. KONE is not obligated to perform tests, correct outstanding violations or
deficiencies that were not addressed by the prior service provider and/or the owner, or make related necessary repairs or
component replacements on the equipment. If additional work is necessary, KONE will provide a separate proposal or
recommendation for such work. Customer agrees to indemnify, defend, and hold KONE harmless for any claims arising
out of Customer's failure to comply with KONE's recommendations and proposal, and any obligation on the part of KONE
to indemnify or defend Customer with regard to such claim shall be null and void. If Customer does not immediately
approve KONE's proposal or recommendation, notwithstanding anything to the contrary in the agreement, KONE
reserves the right to terminate this agreement without penalty.
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4CCEPTANCE
Service Agreement Effective Start Date: February 4th, 2025.
Service Agreement Number: TBD
fhe parties to this service agreement agree to the conditions contained herein:
Sign for on behalf of Participating Public Agency
Signature)
Print Name)
Print Title)
)ate: / /
tespectfully submitted,
CONE nc.
L1e W�' irf
Submitted : ) '
Ade _
4p• •ved :y) Authorize presentative
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late:1/97/2_5
Kone Center Rev.OF 12/1/2017 Page 8 of 13
KONE Care Value Added Services
These services are offered to improve the quality and transparency of the KONE service delivery experience.
24/7 CONNECTED SERVICES
KONE's 24/7 Connected Services uses proprietary advanced remote monitoring and analysis technologies to
bring intelligent services to elevators and escalators.24/7 Connected Services provides continuous updates on the
status and condition of the equipment,allowing KONE to perform services tailored to each equipment's needs.24/7
Connected Services is a family of different services that may be ordered separately.
As consideration and in order for KONE to be able to provide the 24/7 Connected Services to the Customer,the
Agreement is hereby amended as follows:
1. KONE to provide the Services set forth below at a cost of$0.00 per month.This Service fee will be charged on
the maintenance invoice at the same interval as the invoicing for maintenance under the Agreement.
Installation and/or set-up fees will be provided in a separate proposal when applicable. The interest on any
late payments shall be as detailed in the Agreement.
2. KONE shall perform the selected Value-Added Services(each a"Service"and together the"Services")substantially as
set forth and
authorized below:
A. KONE Care - Emergency Phone Monitoring
KONE shall program the elevator phone(s)listed below to call the KONE Customer Care Center and
will monitor the elevator phone(s).
Customer shall:
1. Provide names and phone numbers of at least two(2)of its representatives for the KONE Service
Center to contact on a 24 hour basis, and at least one (1) police,fire or local 911 agency name and
phone number.
2. Notify KONE immediately in writing of any changes in these names or numbers. In the event of a
call from the elevator,the KONE Customer Care Center will contact the points of contact in the order
listed below.The local authorities will be contacted only if the previously mentioned point of
contacts cannot be reached.
3. If KONE does not provide Wireless Phone Provider Service, Customer shall provide an analog phone line to the
elevator
machine room(to be terminated on the appropriate phone jacks). If phone line is an extension off an
existing phone system,a backup power source must also be provided.An extension,if applicable,
must be a direct inward dial(DID)extension.All phones and associated equipment shall be in
compliance with the requirements of ASME A17.1, local codes and applicable law, as amended.
Customer shall also provide the elevator phone number(s)and/or extension(s)for the phone(s)being
programmed.
By initialing below, you are approving the above KONE Care- Emergency Phone Monitoring
services for the additional monthly fee of$0.00 (included services as part of Master Agreement
EV2516)
ACCEPTED BY Date:
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Remote Monitoring Service Voice Link and Wireless Phone Service
Elevator Description Equipment# Elevator Phone#and Extension for Caller ID
1
2
3
4
5
6
7
8
9
First Point of Contact(Required)
Name: Title:
Phone#: Cell Phone#:
Second Point of Contact(Required)
Name: Title:
Phone#: Cell Phone#:
Third Point of Contact(Optional)
Name: Title:
Phone#: Cell Phone#:
Local Emergency Authorities (Required)
Fire Department Phone#: Police Department Phone#:
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CUSTOMER INFORMATION
Who is the agreement with?
Legal Name of the Company:
Address:
City: State: Zip:
Contact Name: Title:
Phone: Fax:
Is the Owner tax exempt?Yes(If Yes,provide the Tax Exemption Certificate.)
Federal tax ID#:
Where should the invoice be sent?
Legal Name of the Company:
Attention:
Address:
City: State: Zip:
Contact Name: Title:
Phone: Fax:
Federal tax ID#: Email:
Who will be responsible for paying the invoices?
Legal Name of the Company:
Attention:
Address:
City: State: Zip:
Contact Name: Title:
Phone: Fax:
Federal tax ID#: Email:
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