R20-137 1 RESOLUTION NO. R20-137
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE CITY
6 MANAGER TO SIGN OMNIA MAINTENANCE AGREEMENT
7 WITH THYSSEN-KRUPP ELEVATOR CORPORATION FOR
8 ANNUAL ELEVATOR INSPECTIONS AND SERVICE/REPAIRS IN
9 VARIOUS CITY FACILITIES FOR AN ESTIMATED MONTHLY
10 AMOUNT OF $1,930.25, UTILIZING THE NATIONAL
11 INTERGOVERNMENTAL PURCHASING ALLIANCE
12 CONTRACT R150801; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS,the State of Florida requires that elevators be registered annually with a
16 Certificate of Operation and compliance requires that each elevator be under
17 maintenance/service contract and undergo annual testing; and
18 WHEREAS, failure to meet these requirements would result in having to lock down
19 each affected elevator at the first floor stop which would hinder accessibility to the upper
20 floors; and
21 WHEREAS, Thyssen-Krupp provides annual inspections and service/repairs for
22 seven (7) two-stop elevators with Pricing which is based on the Omnia Maintenance
23 Agreement Contract # R150801 and is effective until September 30, 2023 with the option of
24 two additional one year periods through September 30, 2025; and
25 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the
26 recommendation of staff, deems it to be in the best interests of the City residents to approve
27 and authorize the City Manager to sign an Omnia Maintenance Agreement with Thyssen-
28 Krupp Elevator Corporation of Kennesaw, GA for annual elevator inspections and
29 service/repairs in various City facilities utilizing the National Intergovernmental Purchasing
30 Alliance contract R150801 for an estimated monthly amount of$1,930.25.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
34 being true and correct and are hereby made a specific part of this Resolution upon adoption
35 hereof.
36 Section 2. The City Commission hereby approves and authorizes the City
37 Manager to sign an Omnia Maintenance Agreement with Thyssen-Krupp Elevator
38 Corporation of Kennesaw, GA for annual elevator inspections and service/repairs in various
39 City facilities utilizing the National Intergovernmental Purchasing Alliance contract R150801
40 for an estimated monthly amount of$1,930.25, a copy of which Agreement is attached hereto
41 as Exhibit"A."
42 Section 3. This Resolution shall become effective immediately upon passage.
43 PASSED AND ADOPTED this 15 day of December, 2020.
44 CITY OF BOYNTON BEACH, FLORIDA
45
46 YES NO
47 Mayor— Steven B. Grant ✓
48
49 Vice Mayor—Ty Penserga ✓/
50
51 Vice Mayor—Justin Katz �1pSP �-
52 ✓
53 Commissioner—Woodrow L. Hay
54
55 Commissioner—Christina L. Romelus ✓
56
57 ATTEST: VOTE - Cfp
58
59
60 C stal Gibson, C
61 City Clerk
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S:\CA\RESO\Agreements\Omnia Maintenance Agreement with Thyssen-Krupp Elevator(2020)-Reso.docx
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Omnia Partners Group — Contract#R200502
ttryssenkrvpp
Protection of Vertrcai transportation Equipment
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A. THIS AGREEMENT(hereinafter"Agreement") made and entered into on this 1st day of January, 2021 by and
between City of Boynton Beach,a governmental municipality,having an address of 100 East Ocean Avenue,
Boynton Beach, Florida 33435 (hereinafter referred to as "Purchaser"), and, ThyssenKrupp Elevator
Corporation, a Delaware corporation, having an address of 3100 Interstate North Circle SE Suite 500 Atlanta,
GA 30339 (hereinafter referred to as "Contractor"). In consideration of the mutual covenants contained
herein,Contractor agrees to perform the services described herein and Purchaser or its members agree to pay
the amounts described herein,all on the terms and conditions set forth in this Agreement.
WHEREAS,
B. The Purchaser is engaged either as a real property owner or manager (or as a part in joint ventures or
consortiums to that effect);and
C. The Service Provider is engaged in the business of servicing and repairing elevators, escalators and other
vertical transportation equipment.
NOW THEREFORE,the Parties hereto agree as follows:
1. BACKGROUND
The Purchaser and the Service Provider desire to enter into this Agreement as a long term commitment for
the maintenance and repair of Purchaser's vertical transportation equipment as further described in this
Agreement. Under the Agreement the Purchaser may issue written requests to the Service Provider to
provide certain vertical transportation maintenance services at locations controlled by Purchaser. The
Agreement is to provide an umbrella for those location-specific written requests for vertical
transportation maintenance services issued by the Purchaser.
2. GOVERNING DOCUMENTS
The following documents form and are an integral part of this Agreement and are to be taken as mutually
explanatory of one another. In the case of any ambiguity or discrepancy between the documents forming
the Agreement, then the priority of the documents will be in the order as listed below, unless otherwise
agreed in writing between the parties:
(a) Each individual location requirement (as specified at the time of ordering by the Purchaser). An
Location requirement shall be considered "Accepted" if it is fully executed by a duly authorized
representative of both the Purchaser and the Service Provider and provided to the Service Provider;
(b) This Agreement;
(c) Any other document mutually agreed and signed by the parties,forming part of this Agreement.
3. PERFORMANCE
Service Provider will provide the services and/or scope of work applicable to all vertical transportation
equipment described on any fully executed and properly delivered Agreement (the "equipment") on the
terms and conditions set forth in this Agreement(the"Services"). The term"Property"hereinafter will refer
to the real property of the Purchaser on which the equipment is located. Service Provider will use trained
personnel directly employed and supervised by Service Provider or sub-contractors. They will be qualified
to keep Purchaser's equipment properly adjusted, and they will use all reasonable care to maintain that
equipment in proper operating condition. Service Provider will regularly and systematically examine,adjust
and lubricate as required,and, in Service Provider's sole opinion, if conditions warrant,Service Provider will
repair or replace all equipment parts and devices not specifically excluded by this Agreement.
The Services shall be performed in a diligent and first class manner, with quality supplies, materials,
equipment and workmanship and in such a manner so as to minimize the possibility of any annoyance,
interference, or disruption to tenants or other occupants of the Property and their invitees. Upon
completion of the Services,Service Provider shall restore the Property to its original condition and shall leave
the Property clean and free of all tools,equipment,waste materials and rubbish.
Service Provider will service Purchaser's equipment and its component parts in their present condition with
the understanding that Service Provider shall neither be required nor obligated to service,make renewals or
repairs upon the equipment by reason of negligence, obsolescence,misuse of the equipment,loss of power,
blown fuses, tripped stop switches, theft, vandalism, explosion, fire, power failure, water damage, storm,
lightning, nuisance calls or by any other reason or any other cause beyond Service Provider's control, except
ordinary wear and tear from the commencement date of this agreement. With the passage of time,
equipment technology and designs will change. If any part or component of any equipment described in a
NFA cannot, in Service Provider's sole opinion, be safely repaired and is no longer stocked and readily
available from either the original equipment manufacturer or an aftermarket source, that part or
component shall be considered obsolete. Purchaser will be responsible for all charges associated with
replacing that obsolete part or component as well as all charges required to ensure that the remainder of
the equipment is functionally compatible with that replacement part or component. In addition, Service
Provider will not be required to make any changes or recommendations in the existing design or function of
the unit(s) nor will Service Provider be obligated to install new attachments or parts upon the equipment as
recommended or directed by insurance companies,governmental agencies or authorities,or any other third
party. Any work not specifically covered under this agreement shall be at Purchaser's sole expense.
The Service Provider may propose changes to the Services by informing the Purchaser in writing. To be
binding,such changes must be approved by authorized representatives of both parties in writing. The Parties
may also, at any time, agree to add new Services at agreed prices to be covered by this Agreement. To be
binding, such additions must be approved by corresponding authorized representatives of both parties in
writing.
Pledge of Purchaser Satisfaction
3.1 In the event that Purchaser elects to undertake an audit of the service provided under this Agreement
and any Location(s)Agreement,such audit must be announced in writing at least ten(10)working days
in advance. If any non-compliance is identified in writing to the Service Provider at the address set forth
in this Agreement,whether pursuant to an audit or under any other circumstances,the Service Provider
will begin to take appropriate measures to remedy such non-compliance within thirty (30) days
thereafter.
3.2 The Purchaser and the Service Provider shall appoint appropriate personnel to meet regularly at local
and global levels and at such intervals as is deemed necessary to enable the parties to discuss and review
the performance of both parties of their respective obligations under this Agreement.The reviews will
take place in order to:
a) Monitor the effectiveness and efficiency with which this Agreement is being implemented;
b) Agree to mutual objectives and timescales;
c) Assess the overall performance of this Agreement by each party;
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d) Review business implications, targets and risks;
e) Review whether this Agreement is being conducted in the spirit it was intended;and
f) Assess, under this review process, the need to amend or update the performance criteria included
in this Agreement.
4. INDEPENDENT CONTRACTOR RELATIONSHIP:
Service Provider shall assume all duties under this Agreement as an independent contractor, and shall not
be deemed for any purpose to be an agent,servant,or representative of Purchaser. Purchaser shall have no
direct control of Service Provider, its agents, or subcontractors in the performance of the work hereunder.
Nothing contained herein shall be construed to be inconsistent with such independent contractor
relationship.
5. BY HIGHLY-TRAINED SERVICE PROVIDER PROFESSIONALS:
Service Provider employs and supervises elevator technicians who are among the most trusted in the
industry and who will provide all maintenance courteously and dependably. Service Provider's elevator
technicians receive ongoing training in general equipment development as well as advancements made to
Purchaser's specific equipment.
6. ASSURANCE OF SERVICE PROVIDER'S STANDARD OF QUALITY:
To help increase elevator performance and decrease downtime, Service Provider's technicians utilize the
latest industry methods and technology available to Service Provider for Purchaser's specific brand of
equipment. They will be equipped with the tools, documentation and knowledge to troubleshoot
Purchaser's unique system.
Behind Service Provider's technicians is a team devoted to elevator excellence. Technicians are supported
around the clock by a family of engineers and field support experts. Service Provider's International
Technical Support facility in Texas continuously researches advancements in the industry and in Purchaser's
equipment.
7. EXTENT OF COVERAGE:
Service Provider will perform the following Services with respect to any equipment described on any fully
executed location requirement:
7.1 TRACTION ELEVATORS:
Service Provider agrees to and shall maintain the traction elevator equipment described on any Location
Agreements on the following terms and conditions;
7.1.1 Service Provider will use trained employees directly employed and supervised by Service
Provider. Such employees shall be qualified to keep the Equipment properly adjusted, and Service Provider
will use all reasonable care to maintain the Equipment in proper and safe operating condition.
7.1.2 Service Provider will regularly and systematically examine, adjust,clean and lubricate the
following as required,and if conditions warrant, repair or replace the same:
7.1.2a Machine worm gear, thrust bearings, drive sheave, drive sheave shaft bearings,
brake pulley and brake coil, contact linings and component parts;
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7.1.2b Motor and motor generator, motor windings, rotating element, commutator,
brushes, brush holders and bearings;
7.1.2c Silicon control rectifiers, reactors,filters, heat sinks, amp traps,transducers,and
all control components;
7.1.2d Controller, selector and dispatching equipment, leveling devices and cams, all
relays, solid state components, resistors, condensers, transformers, contacts, leads, dash pots,
timing devices,computer and micro computer devices,steel selector cable or tape,and mechanical
and electrical driving equipment;
7.1.2e Governor,governor sheave and shaft assembly,bearings,contacts,and governor
jaws;
7.1.2f Deflector or secondary sheave, bearings, car and counterweight guide rails, top
and bottom limit switches, governor tension sheave assembly, compensating sheaves assembly,
counterweight and counterweight guide shoes including rollers or gibs;
7.1.2g Hoistway door interlocks and hangers, bottom door guides and auxiliary door
closing devices and all fastening devices and associated reinforcement in attached components;
7.1.2.h Hoistway entrance door sill areas beyond the entrance frame opening; will be
cleaned.
7.1.2i Automatic power operated door operator, car door hanger, car door contact,
door protective device, car ventilation system platform, load weighing equipment, car safety
mechanism,elevator car guide shoes,gibs or roller;
7.1.3 Service Provider shall maintain the Individual minimum performance standards defined
below:
7.1.3a "Start to Stop Time"as measured from the moment the car begins motion till the
time it stops for a single floor run.
7.1.3b "Door Open Time"as measured from the fully closed door position to a fully open
stopped position.
7.1.3c "Door Close Time"as measured from the fully open door position to a fully closed
stopped position. Door closing pressure shall not exceed 30 lbs.
7.1.3d "Leveling Accuracy" as measured from car sill to landing sill at a fully stopped
position under all load conditions.
7.1.3e "Rated Speed" as the same shall be that noted and shall not vary by more than
5%regardless of direction or load.
7.1.4 Service Provider shall maintain the Rated Speed in feet per minute, the original
performance time,including acceleration and retardation as designed and installed by the manufacturer and
perform the necessary adjustments as required to maintain the original Door Open Time and Door Close
Time,within limits of applicable codes,or to adjust and maintain revised Door Open Time and/or door close
Time upon direction of Purchaser.
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7.1.5 Service Provider shall maintain smooth ride quality,smooth acceleration and deceleration
and comfortable stop.
7.1.6. Service Provider shall maintain positive and quiet door operation with rapid and smooth
checking at limits of travel. Service Provider shall annually,check the group dispatching systems and make
necessary tests to insure that all circuits and time settings are properly adjusted and that the system
performs as designed and installed by the manufacturer or to adjust and maintain revised settings upon
direction of Purchaser.
7.1.7 Service Provider shall examine periodically all safety devices and governors and conduct
an annual no-load test.
7.1.8 Service Provider shall calibrate load-weighing devices to Purchaser's selected settings,
after annual and, as applicable,five-year safety tests are conducted.
7.1.9 Service Provider shall renew all wire ropes as often as is necessary to maintain an adequate
factor of safety;equalize the tension on all hoist and compensation ropes,lubricate ropes appropriately and
when necessary remove all residue and accumulated deposits from the rope surface and shorten ropes and
chains as required to provide legal and reasonable bottom clearances.
7.1.10 Service Provider shall repair or replace conductor cables and hoistway and machine room
elevator wiring in such a way as to maintain the percentage of spare conductors present at the acceptance
of the location requirement. In no case shall the number of spare conductors be less than 5%.
7.1.11 Service Provider shall furnish lubricants compounded to the manufacturer's rigid
specifications.
7.1.12 Service Provider shall make other safety tests recommended or directed by all applicable
governmental authorities in force at the time of the acceptance of the Agreement. Service Provider shall
not be required to install new attachments on the elevators recommended or directed by insurance
companies, or by governmental authorities, nor to make replacements with parts of a different design
recommended or directed by insurance companies,or by governmental authorities.
7.1.13 Service Provider shall coordinate ail testing requiring an independent witness or inspector
with the Purchaser's appointed representative.
7.1.14 Service Provider shall not be required to make renewals or repairs necessitated by reason
of Purchaser's negligence or Purchaser's misuse of the Equipment or by reason of any other cause beyond
Service Provider's reasonable control except ordinary wear and tear.
7.1.15 Service Provider shall also maintain, and if conditions warrant, repair or replace the
following auxiliary equipment:
7.1.15a All handicap devices;
7.1.15b All elevator related earthquake devices if applicable
7.1.16 Service Provider shall have no responsibility for the following items of Equipment, which
are not included:
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7.1.16a the finishing, repairing, or replacement of cab enclosure, hoistway door panels,
door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power
switches,breaker,feeders to controller,alignment of elevator guide rails,smoke and fire sensors,fire service
reports,air conditioners and all other items as set forth and excluded in this Agreement. Elevator signal light
bulbs will be replaced during regular service calls.
7.2 HYDRAULIC ELEVATORS;
Service Provider agrees to and shall maintain the hydraulic elevator equipment described on any fully
executed Location Agreements under the same terms and conditions described under 7.1 entitled"Traction
Elevators,"as the same are applicable to hydraulic elevators,with the following additions:
7.2.1 Service Provider shall have no responsibility for the following items of Equipment in
addition to those listed in provision 7.1.16a above:the finishing,repairing,or replacement of cab enclosure,
hoistway door panels, door frames, sills,car flooring,floor covering, lighting fixtures, light bulbs and tubes,
main line power switches, breaker, feeders to controller, hydraulic elevator Jack, hydraulic elevator outer
casing, any type of underground piping or other material, alignment of elevator guide rails, smoke and fire
sensors,fire service reports,air conditioners and all other items as set forth and excluded in this agreement.
Elevator signal light bulbs will be replaced during regular service calls.
7.2.2 Filters, mufflers and muffler components are included.
7.2.3 Service Provider shall periodically examine all safety devices and conduct pressure tests
and other tests required by ANSI Al 7.1 or other applicable codes.
7.2.4 Service Provider shall periodically conduct an inspection of hydraulic fluid to detect
contaminants and assure proper viscosity, make necessary corrections and replace fluid as required and
furnish hydraulic fluid compounded to the manufacturer's rigid specifications.
7.2.5 Service Provider shall clean excessive fluid leakage from pump pans, cylinder heads,
machine room and pit floors.
7.3 ESCALAIORS;
Service Provider agrees to and shall maintain the escalator equipment described on any Location
Agreements under the same terms and conditions described under 7.1 entitled "Traction Elevators," as the
same are applicable to escalators,with the following additions:
7.3.1. Controller,all relays,contacts,coils,resistance for operating and motor circuits,operating
transformers and operating rectifier;
7.3.2 Handrail, handrail drive chains, handrail brush guards, handrail guide rollers, alignment
devices,steps,step tread,step wheels,step chains,step axle bushings,comb plates,floor plates and tracks;
7.3.3 Upper drive,upper drive bearings,tension sprocket bearings,upper newel bearings,lower
newel bearings;
7.3.4 All balustrade fastenings,deck and trim fastenings(screws,clips,etc.);
7.3.5 Skirt panels and panel finishes;
7.3.6 Escalator under-step lighting and balustrade panel and skirt lighting;
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7.3.7 Upper and lower pit equipment spaces,pit lights,trusses and inclined truss pans.
7.3.8 Service Provider shall examine periodically (at intervals not longer than six months) all
normal operating devices and equipment in accordance with ANSI A17.1,Section 1007 and conduct annual
inspections and tests of all safety devices, brakes, step up thrust devices and governors in accordance with
ANSI A17.1,Section 1008. If required,the governor will be calibrated and sealed for proper tripping speed.
7.3.9 Service Provider shall have no responsibility for the balustrade finishes, deck and trim
finishes,wedge guards and exterior truss enclosures.
8. PARTS INVENTORY
Service Provider maintains a comprehensive parts inventory to support its field operations. Replacement
parts are stored throughout North America In Service Provider's facilities and are normally available as
necessary. Most specialized parts are available within 24 hours, seven days a week. All replacement parts
used in Purchaser's vertical transportation equipment will be new or refurbished to meet the quality
standards of Service Provider.
9. TESTING
Service Provider will, at its discretion and expense, perform governor and safety tests on traction elevators
or annual relief pressure tests on hydraulic elevators per local and State codes. Service Provider assumes no
responsibility for the operations of the governor or safety on traction elevators,or the hydraulic system on
hydraulic elevators, under the terms of this Agreement until all applicable and governmentally-mandated
tests have been made. Should the systems not meet applicable safety code requirements, it shall be the
responsibility of the Purchaser, at its sole cost, to make necessary repairs and to place the equipment in a
condition,which will be acceptable for coverage under the terms of this Agreement. Service Provider shall
not be liable for damage to the building structure or the elevator resulting from any testing of any type or
kind at any time.
10. COMPLIANCE WITH LAWS:
The rights and duties arising under this Agreement shall be governed by the laws of the State in which the
Property is located. In performing the Services required under this Agreement,Service Provider shall comply
with all applicable federal,state, county, and municipal statutes, ordinances and regulations. In the event
that any portion of this Agreement is determined to be against public policy or statute, then all other
provisions shall remain in full force and effect.
11. TERM:
Service under the terms and conditions of this Agreement shall be for an initial Initial period from
January 1, 2021 through September 30, 2023 with the option to renew for two (2) additional
one-year periods through September 30, 2025 or portions thereof, thereafter, 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 period, or ninety (90) days before the end of any subsequent one-year ( 1 ) year
renewal period. Time is of the essence.
The term (length of contract)of maintenance agreements signed under the Omnia Contract may exceed
the term of the Omnia Agreement. The terms and conditions of the Omnia Agreement in effect at the
date the maintenance agreement is signed will remain in effect for the duration of members local
maintenance agreement. Maintenance Agreements can be as long as the Omnla members request
provided,they are in accordance with local laws and regulations.
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12. AFTER HOURS WORK
All Services are to be provided during Service Provider's regular working hours of Its regular working days
unless otherwise specified below.
For specified locations marked as"Platinum Premier"within the Exhibit"A",for overtime calls involving one
mechanic, Contractor will include our services at no additional cost.
13. PRICING:
Pricing(Please See Exhibit A)The Price of Service Provider's service as herein stated shall be specifically set
forth on any fully executed Location Agreement(s), payable as agreed upon between the Service Provider
and the Purchaser. Those prices are net of all taxes, duties and other levies. Those prices are valid for a
period of one (1) year, commencing on the effective date of each respective Location(s)Agreement. Each
such period of one year(365 consecutive days)shall be called a"Fixed Price Period".Since Service Provider's
costs to provide Purchaser with the Services may increase, the Service Provider shall review and adjust the
Monthly Payment Amount for each Location Agreement(s) at the end of each twelve (12) month period.
Eighty percent(80%)of the Agreement price for each Location Agreement(s)shall be adjusted to reflect any
increase in labor costs based on the straight time rate of elevator mechanics in the local area where the
Property is located. The remaining twenty percent(20%)shall be adjusted to reflect any increase in material
costs based on the Producer Price Index for Metals and Metal Products as published by the United States
Department of Commerce, Bureau of Labor Statistics. However, in no event shall the total price escalations
at the end of each twelve (12) month period be no more than four percent (4%)in any subsequent one(1)
year period. Service Provider shall provide thirty(30)days advance written notice to Purchaser of all price
adjustments referenced in this paragraph.
Should equipment covered by any Location Agreement be modified by the Purchaser during the pendency
of any Location Agreement the parties will endeavor to reach a written agreement on a modified price for
the Services applicable to that equipment. Should those parties fail to reach a written agreement on a
modified price then that equipment will be removed from the applicable Location Agreement and the
applicable Purchaser shall remain financially responsible to the Service Provider for the Service Provider's
lost profits associated with the Services originally designated for that piece of equipment at the original,
agreed-to price for the remaining term of the applicable Location Agreement.The price is subject to increase
in the event the existing equipment is modified from its present state. A service charge of 1'A%per month,
or the highest legal rate,whichever is less,shall apply to delinquent accounts. Time is of the essence.
14. INSURANCE REQUIREMENTS:
At its sole expense, Service Provider shall carry and maintain throughout the term of any fully executed
Location Agreement the insurance described below. The all risk and liabilities policies must each contain a
provision by which the insurer agrees that such policy shall not be canceled except after thirty (30) days
written notice to Purchaser.
Before the commencement of the Services, Service Provider shall submit to Purchaser a Certificate of
Insurance showing that all insurance requirements have been met. If any policy expires during the term of
any fully executed Location Agreement(s), it shall automatically be renewed and a new Certificate of
Insurance shall be sent immediately to Purchaser.
Workers' Compensation Statutory Limits
Employer's Liability $1,000,000 each accident
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$1,000,000 policy limit-disease
$1,000,000 disease-each employee
General Liability
This shall include all major divisions of coverage and be on a commercial occurrence form. It shall include
premises operations,products and completed operations,contractual,and personal injury.
Limits Primary: $2,000,000 each occurrence–BI & PD
$2,000,000 general aggregate
$2,000,000 personal injury&adv.Injury
Automobile Liability and Property Damage
This shall be on an occurrence basis with a combined single limit of$2,000,000. It shall include all automobiles
owned,leased, hired or non-owned.
15. PURCHASER RESPONSIBLITIES:
Product Information. Purchaser agrees to provide Service Provider with current wiring diagrams that reflect
all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement.
Purchaser agrees to authorize Service Provider 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 Purchaser's property.
Safety. Purchaser agrees 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. Purchaser agrees to report immediately any condition that may indicate the need for
correction before the next regular examination. Purchaser agrees to shut down the equipment immediately
upon manifestation of any irregularities in operation or appearance of the equipment, notifying Service
Provider at the address and phone number listed on any fully executed Location(s)Agreement at once, and
written notice within ten (10) days after any occurrence or accident in or about the elevator. Purchaser
agrees to provide Service Provider's personnel a safe place in which to work. Service Provider reserves the
right to discontinue work in the building whenever, in Service Provider's sole opinion, Service Provider's
personnel do not have a safe place in which to work. Purchaser agrees 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. Purchaser also agrees to maintain the elevator pit In a dry condition at
all times. Should water or other liquids become present,Purchaser will contract with others for removal and
the proper handling of such liquids.
Other. Purchaser agrees not to permit others to make alterations, additions, adjustment, or repairs or
replace any component or part of equipment during the term of any fully executed Location(s)Agreement.
Purchaser agrees to accept Service Provider's judgment as to the means and methods to be employed for
any corrective work under this agreement. In the event of the sale,lease or other transfer of the elevator(s)
or equipment described in any fully executed Location(s) Agreement, or the premises In which they are
located, Purchaser agrees to see that such successor is made aware of that Location(s) Agreement and
assumes and agrees to be bound by the terms of those documents for the balance of the Location(s)
Agreement, and subject to termination herein provided, or otherwise be liable for the full unpaid balance
due for the full unexpired term of the Location(s)Agreement.
Items Not Covered. Service Provider does 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,
Omnia Maintenance Agreement—Contract#R200502 ThyssenKrupp Elevator Americas Page 9 of 14
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,
intercommunication devices, security systems not installed by Service Provider, batteries for emergency
lighting and lowering,air conditioners, heaters,ventilation fans and all other items as set forth and excluded
in this Agreement.
16. EXCLUSIVITY
This Agreement is an exclusive frame agreement, which means that the Purchaser only undertakes to buy
the Services,or parts thereof,from the Service Provider from the date that this Agreement is fully executed.
17. EXCUSABLE DELAYS
The Service Provider shall not be liable for delay in performing or for failure to perform its obligations under
this Agreement or any location requirement if such delay or failure results from any of the following causes:
(i)Acts of God, (ii)the act of any government or authority(including the denial or cancellation of any export
license or other necessary license), (iii) the outbreak of wars, terrorism, insurrections, (iv) fire, explosion,
flood (v) and strike, lock-out or other industrial action which is beyond the Service Provider's control or(vi)
any other cause of any nature which is beyond the applicable Service Provider's control.
18. TERMINATION AND REMEDIES
18.1 The Service Provider has the right (but not the obligation) to terminate this Agreement or any
location Agreement with 30 day's prior written notice in case of the Purchaser's failure to comply with any
terms of this Agreements or any Location Agreement.Termination of a Location(s)Agreement shall not have
effect on other existing Locations associated with this Agreement, which shall be completed in accordance
with these terms and conditions. If such failure is remedied within the said 30 days period, this right to
terminate shall expire.
18.2 The provisions of this Agreement, and the right and remedies of a party in the event of the other
party's breach under this Agreement(including the breach of any warranty)are cumulative and are without
prejudice to all other rights and remedies available to it and may have at law or otherwise; no exercise by a
party of any one right or remedy under this Agreement,or at law or otherwise, shall operate so as to hinder
or prevent the exercise of any other such right or remedy. However, in no event shall one party to this
Agreement be liable to the other party for any indirect or consequential loss or damage, including but not
limited to loss of profit,loss of production, loss of interest or otherwise,which may be suffered by the other
party in connection with the entering into or operation of this Agreement.
19.ASSIGNMENT
Purchaser may not assign, transfer, novate, sub-contract or otherwise dispose of any of its rights and
obligations under this Agreement without the prior written consent of the Service Provider.Notwithstanding
the above, Service Provider may without the consent of the Purchaser; use subcontractors for the
performance of any Services purchased by the Purchaser under this Agreement or a local agreement. The
use of subcontractors to provide Services shall in no way relieve the Service Provider of its responsibilities
and obligations towards the Purchaser under this Agreement or a local agreement.
Omnia Maintenance Agreement—Contract#R200502 ThyssenKrupp Elevator Americas Page 10 of 14
20. HEALTH& SAFETY, ENVIRONMENTAL AND QUALITY
The Service Provider and the Purchaser shall work towards the prevention of accidents aiming for zero
accidents and the creation of a safer work environment.
21. ETHICAL COMMITMENT
The Service Provider has an extensive corporate compliance program and its employees are expected to
maintain the highest level of ethical and legal conduct at all times during the term of the Agreement and
expects the Purchaser to act in a like manner. Should the Purchaser suspect that the Service Provider or its
employees have engaged in any illegal or unethical conduct,such suspicions must be reported through the
Service Provider's toll-free compliance hotline at 1-866-572-1739.
22. MISCELLANEOUS
22.1 The headings in this Agreement shall not affect its interpretation.
22.2 Throughout this Agreement,whenever required by context,the use of the singular number shall be
construed to include the plural, and the use of the singular number shall be construed to include the plural,
and the use of the plural the singular, and the use of any gender shall include all genders.
22.3 Should any term or provision in this Agreement shall be held to be illegal or unenforceable,in whole
or in part, under any enactment or rule of law,such term or provision or part shall to that extent be deemed
not to form part of this Agreement but the validity and enforceability of the remainder of this Agreement
shall not be affected.
22.4 The waiver or forbearance or failure of a party in insisting in any one or more instances upon the
performance of any provision of this Agreement shall not be construed as a waiver or relinquishment of that
party's right to future performance of such provision and the other party's obligations in respect of such
future performance shall continue in full force and effect.
22.5 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 thereunder,either with or without litigation, the prevailing
party shall be entitled to recover all costs and reasonable attorney's fees.
22.6 Purchaser hereby waives trial by jury and agrees that this Agreement and any applicable Location(s)
Agreement shall be construed and enforced in accordance with the laws of the state where the equipment
described on the applicable Location(s)Agreement is located. Purchaser further agrees to jurisdiction of the
courts, both state and Federal, of the state in which the equipment set forth on the applicable Location(s)
Agreement is located as to all matters and disputes arising out of this that Location(s)Agreement.
22.7 The liability of the Service Provider under this Agreement shall not exceed the value of the Services
remaining on the then current and unexpired term of the applicable Location(s)Agreement.
22.8 This Agreement supersedes all prior oral or written agreement between the Service Provider and the
Purchaser and constitutes the entire agreement between the parties with respect to the services and work
performed hereunder.
Omnia Maintenance Agreement—Contract# R200502 ThyssenKrupp Elevator Americas Page 11 of 14
23 NOTICES:
Every notice or other communication to be given by either party to the other with respect to this
Agreement(s),shall be given by personal delivery,by facsimile or by United States registered or certified mail
postage prepaid,return receipt requested,addressed as hereinafter provided. Except as otherwise specified
herein, the time period in which a response to any notice or other communication must be made, if any,
shall commence to run on the earliest to occur of(a)if by personal delivery,the date of receipt,or attempted
delivery, if such communication Is refused; (b) if given by telecopy, the date on which such telecopy is
transmitted and confirmation of delivery, or attempted delivery,thereof is received;and (c)if sent by mail
(as aforesaid), the date of receipt or delivery is refused. Until further notice, notices and other
communications under this Agreement shall be addressed to the parties at:
FILL IN THE CONTACT INFORMATION FOR USA OPERATIONS FOR PURCHASER HERE
ThyssenKrupp Elevator Corporation
3100 Interstate North Circle SE Suite 500
Atlanta,GA 30339
Attn: International Account Contract Administrator
FILL IN FAX NUMBER
This Agreement has been prepared In duplicate,of which each party has received a copy.
ACCEPTED:
PURCHASING COM•ANY NAME THYSSENKRUPP E ° OR •RP.
BY: iiiiihki
I IBY: ____..tA!i/r
Signature• thoriud Individual
TITLE: ASSISTANT CITY MANAGER TITLE: Branch Account Executive
DATE: I2 14- vip-2,to DATE: 4.Y4f(Rera
THYSSENKRURP.APPROVAL:
APPROVED - TO • . BY:
L•didiii'
CITY ATTORNEY
TITLE: National Accounts Executive
•
•
DATE:
• Oill?*- x
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47
SBO
Omnia Maintenance Agreement—Contract#R200502 ThyssenKrupp Elevator Americas Page 12 of 14
Exhibit "A"
Property list/Location
Contract Type and Price
Price Per Unit on Platinum Premier = $275.75
Location Name:
1. Intracoastal Park Pavilion — One (1) Unit
2240 N. Federal Hwy
2. Wilson Park — One (1) Unit
225 NW 13th Avenue
3. Boynton Beach Library— One (1) Unit
115 N Federal Hwy
4. Boynton Beach Fire Rescue — One (1) Unit
2080 High Ridge Road
5. 1913 Schoolhouse Museum — One (1) Unit
141 E Ocean Drive
6. West Water Plant — One (1) Unit
5468 W Boynton Beach
7. Boynton Beach Operations — One (1) Unit
124 E Woolbright Rd
Billing Frequency = Monthly
Monthly Billing = $1,930.25
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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor 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
Omnia Maintenance Agreement—Contract#R200502 ThyssenKrupp Elevator Americas Page 13 of 14
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, Contractor
shall destroy all copies of such confidential and exempt records remaining in its
possession once the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession All records stored electronically by
Contractor 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 CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 EAST OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of
Israel. Contractor further certifies that Contractor 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 Contractor 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
Contractor of the City's determination concerning the false certification. Contractor 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, Contractor 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
Contractor 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.
EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by 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.
Omnia Maintenance Agreement—Contract# R200502 ThyssenKrupp Elevator Americas Page 14 of 14