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HomeMy Public PortalAbout2020-36 Approving a preventative maintenance agreement with Thyssenkrupp Elevator Corporation and issuance of three work ordersRESOLUTION NO. 202046 A RESOLUTION OF THE VILLAGE COTJNCIL OF' THE VTLLAGE OF KEY BTSCAYNE, FLORTDA, APPROVING A PREVENTATIVE IT,IAINTENANCE AGREEMENT WITH THYSSENKRIJPP ELEVATOR CORPORATION A}[D ISSUA}ICE OF' THREE WORK ORDERS F'OR VARIOUS ELEVATOR REPAIRS IN AN AMOT]NT NOT TO EXCEED $94,000; PROVIDING FOR A WAMR OF COMPETITM BIDDING; PROVIDING FOR AUTHORIZATION; ANI) PROVIDING FOR AN EFFECTTVE DATE. WHEREAS, the Village of Key Biscayne (the "Village') Council wishes to engage a contractor to provide preventative maintenance and rnake repairs to various elevators throughout the Village's multi-story buildings and facilities (the "Services'); and WHEREAS, the Village wishes to engage Thyssenlrupp Elevator Corporation (the "Contractor") to perform the Sendces; and WHEREAS, pursuaut to Section 2-85 of the Village Code of Ordinances (the 'Village Code"), the Village Council may waive the competitive bidding procedures of Division II, Article IV, Chapter 2 ofthe Village Code, if the Council determines that it is impractical to apply such procedures; and WHEREAS, in accordance with Section 2-85 of the Village Code, the Village Council finds that it is impractical to apply the competitive bidding procedures of the Village Code given the need to quickly repair various elevators throughout the Village's multi-story buildings and facilities; and WIIEREAS, tbe Village Council authorizes the Village Manager to negotiate and execute a preventative services maintenance agreement with the Contractor for the Services and issue three work orders to the contractor ionsistent with the proposals attached hereto as composite Exhibit "A" (the "Proposals") in an amount not to exceed $94,000; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF TIrE VILLAGE OF KEY BISCAYNE, FLORTDA' AS FOLLOWS: Sectio.-n l. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Waiver of Competitive Biddins. That, pursuant to Section 2-85 of the Village Code, the Village Council hereby waives the competitive bidding requirements of the Village Code because it is impractical to apply such procedures given the need to quickly repair various elevators throughout the Village's multi-story buildings and facilities. Sectioq3. Approval. That the Village Council hereby approves the Contractor to perform the Services. Section 4. Authorization. That the Village Council hereby authorizes the Village Manager to negotiate and execute a preventative services maintenance agreement with the Contractor for the Services and issue work orders to the Contractor consistent with the Proposals attached hereto as composite Exhibit "A" in an amount not to exceed $94,000, subject to approval by the Village Attorney as to form, content, and legal sufficiency. Section 5. Effective Date. That this Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 19th day of May, 2020. MICHAEL W. DAVEY MAYOR J ATTBST: CLERK APPROVED AS TO FORM A}.ID LEGAL SIJFFICIENCY WEISS SEROTA IIELFI\4AN COLE & BIERMAhI, P.L. VILLAGE ATTORNEY Gold Service Agree,ment Purchaser:Village Of Key Biscayne 88 West Mclntyre Street Key Biscayne, FL 33149 Hereinafter referred to as "purchaser", "yorJ,,, and "your',. By: ThyssenKrupp Elevator Corporation 7481 NW66th St Miami, FL 33166 Phone: 305-592-7722 Fax: 866-248-8924 www. thyssenkru ppelevator. com Hereinafter referred to as "ThyssenKrupp Elevator Corporation", "ThyssenKrupp Eievator", "we", "us" and ',our" GOLD SERVICE AGREEMENT ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment described below in accordance with thisagreement. We will endeavorto provide a comprehensive maintenanie'program designed to protect your investment andmaximize the performance, safety, and life span of the elevator equipment to be maintiined. To Be Maintained Building Name Building Location Manufacturer Type Of Unit Unit lD # Of Stops Village Of Key Biscayne 88 West Mclntyre Street Schindler Hydraulic Administration and Police Only 3 Village Of Key Biscayne 88 West Mclntyre Street Schindler Hydraulic Fire Rescue Facility #1 3 Village Of Key Biscayne 88 West Mclntyre Street Schindler Hydraulic Fire Rescue Facility #2 3 Village Of Key Biscayne 88 West Mclntyre Street Schindler Hydraulic Community Center #1 2 Village Of Key Biscayne 88 West Mclntyre Street Schindler Hydraulic Community Center #3 2 Thyssen Kru pp ThyssenKrupp Elevator Americas @ Gold Service Agreement FreventativE Maintenance Prqgram We will service your equipment described in this agreement on a regularly scheduled basis. These service visits will be performed during normal business working days and hours, which are defined as Monday through Friday, 8:00 AM to 4:30 PM (except scheduled holidays) All work performed before or after normal business working days and hours shall be considered "Overtime". ThyssenKrupp Elevator will perform the following services: . Examine your elevator equipment for optimum operation. Our examination, lubrication and adjustment will cover the following components of your elevator system:o Control and landing positioning systemso Signal fixtureso Machines, drives, motors, governors, sheaves, and wire ropeso Power units, pumps, valves, and jacks o Car and hoistway door operating devices and door protection equipmento Loadweighers, car frames and platforms, and counterweightso Safety mechanisms. Lubricate equipment for smooth and efficient performance. Adjust elevator parts and components to maximize performance and safe operation Full Goverage,Parts Rgpaif,andEe ThyssenKrupp Elevator will provide full coverage parts repair andior replacement for all components worn due to normal wear, unless specifically excluded in the "ltems Not Covered" or "Other Conditions" provisions herein. We maintain a comprehensive parts inventory to support our field operations. All replacement parts used in your equipment will be new or refurbished to meet the quality standards of ThyssenKrupp Elevator. Most specialized parts are available within 24 hours, seven days a week. We will relamp all signals as required (during regularly scheduled visits) Maintenance Control Prqgram ThyssenKrupp Elevator performs service in accordance with A17.1 - 20101CSA 844-10. Section 8.6 of the code requires the unit owner to have a Maintenance Control Program (MCP), ThyssenKrupp's MCP meets or exceeds all requirements outlined in Section 8.6. The Maintenance Control Program includes ThyssenKrupp Elevator's Maintenance Tasks & Records documentation which shall be used to record all maintenance, repairs, replacements and tests performed on the equipment and is provided with each unit as required by code. ThyssenKrupp Elevator also provides per Section 8.6 of the code, a maintenance tasks procedures manual with each unit; TKE calls this manual the BEEP Manual, or Basic Elevator, Escalator Procedures Manual. We do not perform any tests unless such tests are specifically listed as included elsewhere in this agreement. Quality Assurancq To help increase elevator pedormance 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 our 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. AIso, our internal quality control program ensures optimum and reliable operation of your elevator equipment. To assure that quality standards are being maintained, we may conduct periodic fleld quality audit surveys, Your [:lLlvaklr !lainlenance Agteetrlerr( IKIllll Page2otl1 2a2a :39251 2' AClr\.1 Cil4OE(] Gold Service Agreement dedicated ThyssenKrupp Elevator representative will be available to discuss your elevator needs with you in all aspectsof service and modernization. ln addition, you may receive recommendations for upgrades that will also provide you with budget options designed to enhance the appearance, performance and safety of or meet Code requirements ior your equipment over time. Service Fqquests Pufinq.Np_rmal Wofhing_D_ays and Hours Service requests are defined as any request for dispatch of our technician to the location of the equipment covered in this agreement from one or more of the following: you or your representative, the building or building's representative, emergency personnel, andior passengers through the elevator's communication device and/or from MAX Remote Monitoring through the elevator's communication line. Service requests include minor adjustments and response lo emergency entrapments that can be accomplished in two hours or less (excluding travel time) and do noi include regularly scheduled maintenance visits, We will respond to service requests during normal business working days and hours, as defined above, at no additional charge. Overtime Service RequesE On all overtime service requests, you will be responsible for all labor costs including travel time, travel expenses, and time spent on the job. Such costs will be invoiced at our standard overtime billing rates, Overtime service requests are performed before or after normal business working days and hours. Digital Qqgtomgr Exoerie$ge MAX is a cloud based lnternet of Things (loT) platform that we, at our election, may connect to your elevator and escalator by installing a remote-monitoring device. MAX willanalyze the unique outputs of your equipment 2417 and when existing or potentialoutages are identified MAX will automatically communicate with our dispatch center. When appropriate, the dispatch center will alert our technicians during normal working hours. These MAX alerts provide the technicians with precise diagnostic detail, which grealy enhances our ability to fix your equipment right the first time, MMimizing the equipment uptime. For additional terris and conditions see MAX considerations. x Service History Website: This agreement includes Premium access to ThyssenKrupp Elevator's website in accordance with the following terms and conditions. During the term of this Agreement, ThyssenKrupp Elevator agrees to provide Purchaser with a user name and password to ThyssenKrupp Elevator's website for access to maintenance and service call data generated following the effective date of this Agreement. Purchaser shall, at its sole cost, provide and ensure the functioning integrity of its own hardware, software and internet connection necessary to access the website. By executing this Agreement, Purchaser acknowledges that any work performed by ThyssenKrupp Elevator modernization and/or construction personnel may not be included or accessible on the website, ThyssenKrupp Elevator reseryes the right to restrict access to the website if any of Purchaser's accounts with ThyssenKrupp Elevator has an outstanding unpaid balance greater than 30 days or in the event of anticipated or pending litigation of any kind. THE WEBSITE IS PROVIDED TO CUSTOMER ''AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANry OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THYSSENKRUPP ELEVATOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WTH RESPECT TO THE WEBSITE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILIry, FITNESS FOR A PARTICULAR PURPOSE, TILE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THYSSENKRUPP ELEVATOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE CP WILL BE ACCESSIBLE TO CUSTO[/]ER. ACHIEVE ANY INTENDED RESULTS, MEET CUSTOMER'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, Elevaior iVainlenarnce /\g reemr:rrt TK 1l/i1 2020-3925 I2 ACI;\. IOB4OEG Page3ofll Gold Seruice Frgreement MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT WILL THYSSENKRUPP ELEVATOR OR ITS AFFILIATES, BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE WEBSITE OR FOR THE ACT OF ANY THIRD PARry INCLUDING THE INCORPORATION OF A VIRUS, SPYWARE OR ANY OTHER MALICIOUS PROGRAMS s ThltssenKrupp Cq,,Jnmqllications@ (Check box if included) ThyssenKrupp Communications is ThyssenKrupp Elevator's 24-hour telephone monitoring and emergency call service. Our representatives are trained to handle elevator calls and they can assess the situation and quickly dispatch a technician when necessary. lf needed, they can stay on the line to reassure a stranded passenger that help is on the way. ThyssenKrupp Communications maintains digital recordings and computerized records of the time, date, and location of calls received and action taken for the benefit of passengers and building owners. Special considerations regarding ThyssenKrupp Communications are set forth below. Through its centralized ThyssenKrupp Communications call center, ThyssenKrupp Elevator will provide 7 days per week, 24 hours per day, 365 days per year dispatching service for calls placed by Purchaser after normal business working days and hours to the local ThyssenKrupp Elevator branch office and telephone monitoring on all elevator(s) maintained under this Agreement that have operational telephone equipment capable of placing a call to that call center. Depending on the nature of the call and circumstances, ThyssenKrupp Elevato/s operators can call one or more of the following: Purchaser's Designated Contacts set forth in Section 2 below; Local Emergency Services at phone numbers provided by Purchaser in Section 3 below; and/or a local ThyssenKrupp Elevator service technician to be dispatched to the location of the equipment. Purchaser hereby acknowledges that as a condition precedent to ThyssenKrupp Elevator's placement of calls to Purchaser's Designated Contacts and any Local Emergency Services under this Agreement, Purchaser must first complete Sections 1 and 2 below. Purchaser further acknowledges that it is Purchaser's sole responsibility to advise ThyssenKrupp Elevator immediately in writing of any changes to the information contained in those two (2) sections during the term of this Agreement. Purchaser acknowledges that no revision to that information will be made without ThyssenKrupp Elevator first receiving such request in writing from Purchaser's authorized representative. Under those circumstances where ThyssenKrupp Elevator is unable to reach Purchaser's Designated Contacts set forth in Section 2 below, Purchaser hereby gives ThyssenKrupp Elevator express permission to dispatch a ThyssenKrupp Elevator service technician to the location of the equipment at Purchaser's expense in accordance with ThyssenKrupp Elevator's applicable billing rates. Purchaser further agrees that ThyssenKrupp Elevator does not assume any duty or responsibility to advise any caller, regardless of his or her location within or outside the elevator, to take or not take any specific action resulting from a medical or other emergency or any other situation including, but not limited to, entrapment of persons, evacuation, repair or return to service of any equipment, ln the event that a ThyssenKrupp Elevator call center operator perceives that a call from within the elevator constitutes a medical or other emergency, Purchaser hereby gives ThyssenKrupp Elevator the express permission to call Local Emergency Services at the telephone numbers provided by the Purchaser in Section 3 below at ThyssenKrupp Elevato/s sole discretion. Under those circumstances, Purchaser agrees to pay all related charges for services provided by any Local Emergency Services in response to that call. Purchaser agrees that ThyssenKrupp Elevator shall not be responsible for ensuring an appropriate (or any) response by Local Emergency Services to that call. None of the services described anywhere in this Agreement includes maintenance of any type or kind of the Purchaser's telephone or other communication equipment. The Purchaser retains possession and control of its telephone and other communication equipment and is responsible for ensuring uninterrupted operation of that equipment so that it is capable of placing a call to ThyssenKrupp Communication's call center. (:levalor ivliliolenance Ag reemenl 1K 11/tl 20?.0 J925 t2. . ACIA. 1 OB4OEG frage4ofll Gold Seruice A,greement ThyseenKrupo Gommunicgtionq contapt Information - To Be cornple.tgd qy purchqser Section 1, Elevator Detail: Total number of elevators in Building Section 2, Purchaser Designated Gontacts: its decisio ln the event of an emergency, or perceived emergency affecting the equipment covered by this Agreement, the Purchaser designates the following as contacts: Section 3, Local Emergency Services Contact lnformation: Phone # for Local Police Department: ( Phone # for Local Fire Department: ( ) Section 4, Purchaser's Special lnstructions: The followi ng are special instructions p Purchasers respect to the information sup above: Er Perfpdis..$afet[Teqting {Check box if inctuded} ThyssenKrupp Elevatorwill test yourequipment in accordance with those periodic testing requirements as ouflined in theAmerican National Safety Code for Elevators and' Escalators, ANSI A 17 .1, which are in 'efeit at the time this agreement isexecuted. ln the event that the state, city or local governing authority in which the equipment is located has adoiteO different requirements, ThyssenKrupp Elevator wiil test your equipment in accordance with those periodic testingrequirements in effect at the time this agreement is executed. You agree to pay for any costs of tlre inspector an-d/o,inspection fees. Special Considerations regarding periodic safety tesling are set forth 6ebw. [|erv416l. lvlain tenaltce /\cJrriernent tK i1l11 2020 392512. ACrA tOS4OEG Elevator # elephone Number Area Code Elevator # Telephone Number ncluding Area Code Contact Name Title Primary Telephone #Secondary Telephone # 1 2 3 Page5ollt Gold Service A,greem ent Produpt Inforlnalion 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 immediately report any condition that may indicate the need for correction before the next regular examination. You agree to immediately shut down the equipment upon manifestation of any irregularities in either the operation or the appearance of the equipment, to immediately notify us, and to keep the equipment shut down until the completion of any repairs, You agree to give us immediate verbal notice and written notice within ten (10) days after any occurrence or accident in or about the elevator. You agree to provide our personnel with a safe place to work. You agree to provide a suitable machine room, including secured doors, waterproofing, lighting, ventilation, and appropriate air temperature control to maintain that room at a temperature between 50'F and 90'F. 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. We reserve the right to discontinue work in the building whenever, in our sole opinion, our personnel do not have a safe place to work, You also agree that if ThyssenKrupp Elevator's inspection of a piece of equipment serviced under this agreement reveals an operational problem which, in ThyssenKrupp Elevator's sole judgment, jeopardizes the safety of the riding public, ThyssenKrupp Elevator may shut down the equipment until such time as the operational problem is resolved. ln that event, ThyssenKrupp Elevator will immediately advise you in writing of such action, the reason for such action, and whether any proposed solution is covered by the terms of this agreement. 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 employed by us for any corrective work under this agreement. Since ThyssenKrupp Elevator's top priority is the satisfaction of its customers, if you should have any concern(s) with the means and methods used to maintain or repair the equipment covered under this agreement, you agree to provide us with written notice of that concern and give us thirty (30) days to respond either in writing or commence action to appropriately resolve it. ln the event of the sale, lease or other transfer of the ownership or management of the premises in which the elevato(s) or equipment described herein are located, you agree to see that such transferee is made aware of this agreement and agrees to assume andlor be bound by the conditions hereof for the balance of the unexpired term of this agreement. Should the transferee fail to assume this agreement, you shall remain liable for all unpaid amounts, including those owed for the balance of the current unexpired term of this agreement. ln consideration of ThyssenKrupp Elevator performing the services herein specified, you expressly agree, lo the fullest extent permitted by law, to indemnify, defend, save harmless, discharge, release and forever acquit ThyssenKrupp Elevator Corporation, our employees, officers, agents, affiliates, and subsidiaries from and against any and all claims, demands, suits, and proceedings brought against ThyssenKrupp Elevator, our employees, officers, agents, affiliates and subsidiaries for loss, property damage (including damage to the equipment which is the subject matter of this agreement), personal injury or death that are alleged to have been caused by the 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 indemniff does not apply to the extent that the loss, property damage (including damage to the equipment which is the subject matter of this agreement), personal injury or death is determined to be caused by or resulting from the negligence of ThyssenKrupp Elevator and/or our employees. You recognize that your obligation to ThyssenKrupp Elevator under this clause includes l: leva rtrr ilrl itin Ic, li.lr:c.; A(j r grjrID nl l-l( r ii I I 2i.) 2.Q- J92.:\ t2 l(lir\ 1( )84Or:(:; Page6r)f1l Gold Seruice Agreement payment of all attorney's fees, cour.t costs,judgments, settlements, interest and any other expenses of litigation arisingout of such claims or lawsuits lnsurance You .e.xpressly agFj to name ThyssenKrup-p Elevator Corporation along with its officers, agents, affiliates andsubsidiaries as additioral insureds in your liability and any'excess (umdrella) liability insuranie policy(ies). Suchinsurance must insure ThyssenKrupp Elevator Corporation, aiong with iti officers, agents, affiliates anl su5diOiiries forthose claims and/or losses referenced in the ?bove paragraph,-and for claims andTor oi losses arising from the solenegligence or responsibility- of ThyssenKrupp Elevator Cor[orbtion and/or its officers, agents, affiliates aid subsidiaries.Such insurance must specify that its coverage is primary and non-contributory. You hereby wiive tne rignt oi "ro.lrtion Ite.ms Not Govered We do not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing,or replacement of the cab e.nclosu.re, ceiling flames, panels, and/or fixtures, hoiitway'door panels, door frames, swirigdoor hinges and closing devices, sills, car flooring, floor covering, lighting fixtures, ceiling lighi bulbs and tubes, main linepower switches, breaker(s), feeders to controller, below ground or-uneiposed hydrauiic Elevator system, inituding butnot limited !o, jack cylinder, piston, PVC or other protective material; below ground or unexposed'piping, alignme"nt ofelevator guide rails, smoke and fire sensors,. fire service_ reports, all comrn'unication and'entertainmelit, a?vertisingdevices, kiosks or touchscreen displays, security systems of any kind, card readers, batteries tor emerjenci r,ghilng anaemergency lowering, air conditioners, heaters, ventilation fans, fit pumps, signage, braille, and all other-itemi ai seifortnand excluded in this agreement. Replacement of hydraulic packing seals and PCB boards are excluded from this agreement. Other Conditigns With the passage of time, equipment technology and designs will change. lf any part or component of your equipmentcovered u-nder this agreement cannot, in our sole opinion, be safely-repaired'and is no longer stocked and readilyavailable from either the original equipment manufaciurer or an afteimaiket source, that part-or component shall beconsidered obsolete. You will be responsible for all charges associated with replacing ihat obsolete part or component aswell as all charges required to ensure that the remainder of the equipment ii functionally compatible'with thatreplacement part or compon€nt. ln addition, we will not be required to make any changes or recommendations in theexisting design or function of the unit(s) nor will we be obligated to install new attichmerits or parts upon the equipmentas recommended or directed by insurance companies, governmental agencies or authorities,'or any other third party. Moreover, we shall not be obligated to service, renew, replace and/or rep-air the equipment due to any one or more of thefollowing: anyone's abuse, misuse and/or vandalism of the equipment; anyone's nbgiigence in connection with the use oroperation of the equipment; any loss of power,.power fluctuations, powei failure, oi fiower surges that in any way affectthe operation of the equipment; fire, smoke, explosions, water, storms, wind, lightening, acts of iivitor mititary autnoiities,strikes, lockouts, other labor disputes, theft, riot, civil commotion, war, maliiious niischief, acts of God, or any otherreason or cause beyond our control that affects the use or operation of the equipment. You expressly agree to ieleaseand discharge us and our.employees for any and all claims and/or losses (inciuiing personal inlury, deai'n and property damage, specifically including-damage to the property which is the subject matter of"this agreementj associated therewithor caused thereby. ThyssenKrupp Elevator shall also_automatically reieive an extension 6r time commensurate with anydelay in performance caused by or related to the aforementione'd and you expressly agre" to release and dischargeThy-ssenKrupp -Elevator from any and all claims for consequential, sfecial or indireci damages arising out of theperformance of this agreement. ln no event shall Thyssen(rupp Elevator's liability for Oamages arisin! out of thisagreement exceed the remaining unpaid installments of the current, unexpired term of ihis agreement Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKruppElevator assumes no responsibility for the day-to-day operation of the governor or safeties on-traction elevators, or thehydraulic system on_hydraulic elevators under the terms of this agreement until the test has been completed inC in"equipment passed- Should the respective system fail any of thosi tests, it shall be your sole responsibility to make tilcvirtor [,lainionatce !\gree'T)enl Ti( li/11 :2U2A.'.ttJ).ii1 2 /\utA. I'Jr].ioi::(i i)agcr )' of I I Gold Seruice Agreement necessary repairs and place the equipment in a condition that we deem acceptable for further coverage under the terms of this agreement. We shall not be liable for any damage to the building structure or the elevator resulting from the performance of any safety tests we perform at any time under this agreement, lf during the initial firefighte/s service test, that feature is found to be inoperable, you shall be responsible for all costs associated with necessary repai(s) to bring the elevator(s) into compliance with the applicable elevator codes in your localjurisdiction. Purchaser agrees not to permit purchaser personnel or any third parties to use, access, tamper with, relocate, copy, disclose, alter, destroy, disassemble or reverse engineer the device while it is located on purchaser's premises. The installation of this equipment shall not confer any rights or operate as an assignment or license to you of any patents, copyrights or trade secrets with respect to the equipment and/or any software contained or imbedded therein or utilized in connection with the collection, monitoring and/or analysis of data. ln the event an Attorney is retained to enforce, construe or defend any of the terms and conditions of this agreement or to collect any monies due hereundbr, 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 You agree that this agreement and the rights and duties of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. You further agree that venue for any action, whether at law or equity, arising oul of this agreement shall properly be Miami-Dade County, Florida. You consent to the jurisdiction of the courts, both state and federal, of Miami-Dade County, Florida for any action arising out of this agreement. ln lhe 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 operaie 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. MAX Considerations: Purchaser authorizes thyssenkrupp elevator and its employees to access purchaser's premises to install, maintain andior repair the devices and, upon termination of the service agreement, to remove the same from the premises if we elect to remove. thyssenkrupp Elevator is and shall remain the sole owner of the devices and the data communicated to us by the devices. The devices shall not become fixtures and are intended to reside where they are installed, thyssenkrupp Elevator may remove the devices and cease all data collection and analysis at any time. lf the service agreement between thyssenkrupp Elevator and Purchaser is terminated for any reason, thyssenkrupp Elevator will automatically deactivate the data collection, terminate the device software and all raw data previously received from the device will be removed and/or expunged or destroyed. Purchaser consents to the installation of the devices in your elevators and to the collection, maintenance, use, expungement and destruction of the daily elevator data as set forth in this agreement. The devices installed by thyssenfrupp Elevator contain trade secrets belonging to us and are installed for the use and benefit of our personnel only, Purchaser agrees not to permit purchaser personnel or any third parties to use, access, tamper with, relocate, copy, disclose, alter, destroy, disassemble or reverse engineer the device while it is located on purchaser's premises. The installation of this equipment shall not confer any rights or operate as an assignment or license to you of any patents, Elevator fulainlr:nanr;e Agreenrent IK t lt 1'l 202.0-.\925I2 . AO#\- IOB4Of.,(i F)age8of11 Gold Seruice Agreement copyrights or trade secrets with respect to the equipment and/or any software contained or imbedded therein or utilized in connection with the collection, monitoring and/or analysis of data. Pricp-. The price for the services as stated in this agreement month, excluding taxes, payable Quarterly in advance. shall be One Thousand Two Hundred Fifty Dollars ($1,250 00) per Terfl lA ,'.,on*ln Tl.,.,ods @ This agreement is effective for Sixty (60) month(s) starting upon acceptance and is non-cancelable. To ensure continuous service, this agreement will be automatically renewed for successive Sixgr.€Cfmonth periods, unless either party timelyserVesWriltennoticeupontheotherpartyilfitsintentiontocancelrffidaysbutnoimorethan 120 days before the end of the initial Sixty (60) month period, or at least ninety (90) dayi but not more than 120 days before the end of any subsequent Sjxtv G0)/mentlttenewal period. Notice strail be sent by certified mail, return recerpt requested to the address set forth on page I pthis agreement. Time is of the essence. nnnuar rrice aoiustmiftso"lh geriodt t @ Since our costs to provide you with the service set forth in this agreement may increase, we reserve the right to adjust the price of our service under this agreement accordingly. ln the event this occurs, we will adjust your monthly price based on the percentage change in ihe average rate paid to elevator examiners, This rate paid t6 ebvator examiners consists of the holrly 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. We also reserve the right to make additional adjustment to the price of our service under this agreement and/or enact surcharges as needed to account for increased fuel prices when such increases exceed the Consumer Price lndex (CPl) current rate. We also reserve the exclusive right to make additional adjustment to the price of our service under this agreement in the event that the equipment covered by this agreement is modified trom its present state. EArly Payrnent" DlseoU nt You may elect to pay in advance for twelve (12) months of service described in this agreement. Such a pre-payment entitles you to a 3% discount from the annual price in effect at the time of payment. Ovg'dU-glnvoicefi A service charge of 1T,o/o per month, or the highest legal rate, whichever is more, shail apply to all overdue accounts you have with ThyssenKrupp Elevator that are in any way related to your equipment described in this agreement. lf yo1r do not pay any sum due to ThyssenKrupp Elevator related to your equipment described in this agreement, regardiess of whether it is billed pursuant to this agreement or any other with us, within sixty (60) days from the billing date, we may also choose to do one or more of the following: 1) suspend all service until all amounts due have been paid in full, and/or 2) declare all sums for the unexpired term of this agreement due immediately as liquidated damages and terminate our obligations under this agreement. lf ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for personal injury, death, damage to property (including damage to the equipment that is the subject matter of this agreement) or losses of any other type or kind that is in any way related the ThyssenKrupp Elevaior's suspension of service. Upon resumption of service, you will be responsible for payment to ThyssenKrupp Elevator for all costs we incur that result from our suspension of service and to remedy any damage caused to your equipment during that time. Time is of the essence. Pffr€xisting. Cond itione and/or No or Li$lted Pre,Maintenance lnsoection ThyssenKrupp Elevator submits this agreement with the understanOing ih-i itl existing equipment has been the subject of an appropriate maintenance program. During the first ninety (90) days of this agreement, ThyssenKrupp Elevatoi, at Elevator Maintenance Agreement .lK 1li11 2024.392512 - ACtA 10B40EG Page9of11 Its sple option, will thoroqghly inspect the equipment and rny submit a comprehengirrc evaluatisn sf fndi.ngs to Furchaser. $lrould that evsluation eveel iteme that ThyreenKrupp El$ator dotermines, ln its eole opinion requlre 6Bah and/or rcplacgrnent, um will provide you wfth a writen proposal for that wsrt at dtidllionsl ooat to you. Should you fail to accept our proposal, we shall have the excluslw right to olther immediately terminets thfe agreemcnt 6r sxblude the afiected component font thi$ agrecment upon written notioo to you. $hould uncafe or hazardous conditions oxist, we refaln the exclusive right toterminate this agreernent immediately upon writen notit€ to you. q,fesiFlpoi|rf{sfi{Enc No Speeial eonslderations. Elevllct &1;ttritrrrt"urrjt $:;lrrgrlnni Itt Iiltt ,?0?C'3g2li 1l " ni:h\ I ahl4( ,Fi i Pff0e 1$ $f 1 t Acceotance Your acceptance of this agreernent and_its approval by an authorized manager of ThyssenKrupp Elevator will constitute exclusively.and entirely the agreement for the services herein described. Aliother prior representations or agreements, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agr|ement will be recognized unless made in writing and properly executed by both parties.Should your acceptance be in lhe form of apurchase order or other similar document, the provisions of this agreement will gov-ern, even in the event of a conflict.This proposal is hereby.ac"epted in its entirely and shallconstitute lhe entire agrelment'as contemplated by you and us.This proposal is submitted for acceptance within one-hundred twenty (1201 days from the Oate SuOririited by the ThyssenKrupp Elevator representative indicated below. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior written approval of an authorized ThyssenKrupp Elevator manager. Gold Seruice Agreement ThyssenKrupp Elevator Corporation: Village Of Key Biscayne:Thysse nKrupp {avatot fProvat: Corporation By:{31,a"^"/-'. l,Le Signature Elevator of ThyssenKrupp Representative) Brandon Uria Sales Rep brandon. uria@thyssen krupp.com 3 lto Ixoao (Date Submitted) By: (Signature of Authorized lndividual) (Print or Type Narne) (Print or Type Title) (Date of Approval) By lndividual) Geiro"n Luers'ld Branch Manager 3 to I 2oLo proval) Elev3tor Maintenance Ag{'eement 'lK 11t11 2020.392512 - ACt/\- 1(]840Ec Pageilofll Repair \ffork Order Village 0f Key Biscayne thyssenkrupp It4arch 10, 2020 Purchaser: Address: Village 0f Key Biscayne 88 West Mclntyre Sveet Key Biscayne, FL 33149 Locatio n: Address: Village 0f Key Biscayne 88 West Mclntyre Street Key Biscayne, FL 33149 Purchaser authorizes thyssenkrupp Elevator Corporation (referred to as "thyssenkrupp Elevato/'hereafter) to perform the following work on the equipment and at the location described above, in exchange for the sum of Twenty Seven Thousand Four Hundred Seventy Seven Qollars ($27,4?7,001inclusive of all applicable sales and use taxes pursuant to the terms and conditions contained in this Work 0rder (the "Work 0rder"). Summary: Repair categoryElevatorDescription Administralion and Police 0nly Waterproofing Performance Community Center #1 Waterproofing Performance Fire Rescue Facility f1 Pit Cleaning Performance Fire Rescue Facility #1 Emergency Light Battery Safety Community Center #5 Emergency Light Battery Safety For further information, please see a detailed scope of work on the pages that follow. In,the^event you have any questions regarding the content of this Work 0rder please c0ntact me at +1 786 4491578 . We appreciate your consideration. Regards, Brandon Uria thyssenkrupp Elevator Corporation 7481 NW 66th St Miami FL 53 i66 brandon,uria@thyssenkrupp.c0m l+1 786 4491578 Notice; No.permits or inspections by others are included in this work, unless otheruise indicated herein, Delivery.and shlpRinO is included All work is to be pedormed during regular working days and hours as detined in this Work 0rder unless otherwise indicated herein. 2020-2-814436 I AC|A-tOB58Z0 I March 10, 2020 Repair Work 0rder thyssenkrupp Scope of Work Purchase,r authorizes thyssenkrupp Elevator to provide the necessary labor and material to perform the following repair work at the above referenced location: Pit Cleanino thyssenkruip,Elevator shall remove all water and oil inthe Police and Adrninistration and Community Center#1 Elevator. Following the water rentoval, thyssenkrupp Elevator shall clean the pt and peirform rust remediation on the pit eqriipment. Pit Waterproofing T6.0il, contractor to thyssenkrupp Elevator, will inject, patch, and seal to the best of their abrlity the water intrusion cominq hom all sides of the elevator pit for the Police and Admrniskation and Community Center f 1 Elevator. this includes: lhe walls, jac[ head, floor, and sump pump. Upon completion of the injection, patching, and iealing of the elevator, TG Oil shall oaint lhe ihvator nit'with 6 waterproofing paint to prevent further water intrusion. The follofong repair idwarranlied for five (5i years rrpon completion of the repair work. Procedure: 5-Day process per elevator 1. Drill 5/8 hole and place-packers to the complete perimeter of the elevator pit area where water intrusion is eminent.2' lniect hydro group at 3000 psi creating a compressed grout barrier on the exterior and addressing all fractures caused by water pressure. 3. 0nce water intrusion has stopped we will conduct inspection and re-iniect qrout as needed.a. Apply hydraulic cement to the complete perimeter of ihe elevator pit and aii holes drilled.5. Complete cleaning of surface area. 6. Apply walerproofinq appilcation. 7. Paint pit channels and spring buffers, 8, Waterproofing procedures take up to 5 days to cornplete. Emergency Light Battery thyssenkrupp Elevator agrees t0 provide and install the emergency light battery to the Fire Rescue Facility fl and Community Center #3 Elevator. (End Scope of Work) 2020-2-814436 I ACIA-1085820 I March 10, 2020 Repair \ffork 0rder lhyssenkntpp Elevator does not assume any resp0nsibility f0r any part of the vertical transportation equipment other than he specific c0mponents that are described ,n this Work Order and then only to the extent thyssenkrupp Elevator has performed the work described ab0ve. N0 work, service, examination 0r liability 0n the part 0f thyssenkrupp Elevator is intended, implied or included other than the work specifically described above. It is agreed that thyssenkrupp Eievator does notassume p0ssessi0n or contol oF any part 0f the vertical kansportation equipmenl and that such remains Purchaser's exchrsively as the owner, lessor, lessee, possessor, or msnager tl'ereof. Ljnless otherwise stated herein, thyssenkrupp Elevator's performance 0f this Work Order is expressly c0ntingent upon Purchaser securing permtsst0n or priority as required byall applicable governmental agencies and paying for any and all applicable permits 0r other similar documents. It is agreed that thyssenkrupp Eievator's personnel shall be given a safe place in which to work. thyssenkrupp Elevator reserves the right to drscontinue its work in the l0catiOn above whenever, in its s0le opinion, thyssenkrupp Elevator believes that any aspect of the location is in any way unsate until such time as purchaser has demonstrated, at its sole expense, that it has appropriately remedred the unsafe c0ndition to thyssenkrupp Elevator,s satisfaction. Un{ess otherwise agreed, it is understood that the work described above will be performed during regular working days and hours which are defined as Monday through Friday, B;00 AM to 4:30 PM (exceptscheduted union holidays). ,fovertime G mutually agreed upon, an additionar charge at thyssenkrupp Elevator's usual rates for such work shall be added to the price of this Work 0rder. ln c0nsideratl0n ol thyssenkrupp Elevator performing the work described above Purchaser, t0 the fullest extent pe.mitted by law, expressly agrees to indernnify, defend, save harmless, discharge, release and forever acquii thyssenkrupp Elevator, its employees, of{lcers, agents, affiliates, and subsidiaries from and against any and all claims, demands, suits, and proceedings made or brought against thyssenkrLrpp Eievator, its employe€s, 0fftcers, ageots, affiliates and subsidiaries for loss, property damage (including damage to the equipment which is the subject matter of this Work Order), personai in1ury or death that are alleged t0 have been caused by Purchaser 0r any others in connection with the presence. use, misuse, maintenance, installation, removal, manufacture, design, operation or conditjon 0f the vertjcal transportalion equipnrenl that is the subject of this Work 0rder, 0r the associated areas surrounding such equrpment. Purchas€r's duty t0 indemnify does not apply i0 the extent lhat the loss, property damage (including damage to tho equipment which is lhe subject matter 0l this Work Order), personal injury 0r death is determjned to be caused by or resulting from the negligence of thyssenkupp Elevator and/or its employees. purchaser recognrzes, however, that its obligation to defend thyssenkrupp Elevator and its employeet, officers, agents, affiliates and subsidiaries under thls clause is broader and distirrct fronr its {juty t0 indemnity and specifically includes pdyment of all attorney's fees, c0urt costs, interest and any other expenses of litiqation. arising out of such claims 0r lawsuits. Purchaser expressly agrees to name lhyssenkrupp Elevalor along with its officers, agents, affiliates and subsidiaries as additi0nal insureds in purchaser's Iiability and any excess (umbrella) tiabitity insurance p0licy(ies). Such insurance must insure thyssenkrupp Elevator, al0ng with its offjcers, agents, atfiliates and subsidiaries for those claims and/or losses referenced in the above paragraph, and for claims and/or or losses arising lrom the negligence or legal iesponsibility of thyssenkrupp Elevator and/or its 0ff!c0rs, agents, affiliates and s!bsi0iaries. Such insurance must specify that its coverage is primary and non-conkibutory. Purchaser hereby waives the right of subrogation. Tcrrns and Conditions thyssenkrupp thyssenkrupp Elevator shall not be li€ble for any loss, damage or delay caus€d by acts of government, lab0r, tr0ubles, skikes, lock0uts, fire, explosi0ns, theft, riot, civtl cOmmotion, war, malicious mischief, acts of God, or any cause beyond its contr0l thyssenkrupp Elevalor Corporation shall automatically receive an extensi0n 0f time c0mmensurate with any delay regarding the work callerl for in this Work 0rder. Should loss 0f or damage tg thyssenkrupp El€vator's malerial, tools 0r work occur at the localion thar is the subject 0f this tr/ork order, purchaser shsll compensate thyssenkrupp Elevator therelor, unless such loss or damage results solely from thyssenkrupp Elevator's own acts or omissions. {f any drawings, illustrati0ns or descriptivc matter are fumished with this W0rk Order, they 6re approximate and are submitted only to show the general style and arrangement of equipment being otfered. Work Orcjer. Purchaser shall bear all cost(s) f0r any reiflspccti0n of thyssenkrupp Elcvator's work due t0 items outside the scope 0f this !Vo.k Order or for any inspecti0n arising from ihe work of other tlades requiring the assistance of thyssenkrupp Elevator, Pu.chaser expressly agrees lo waive any and all claims for consequential, special 0r indirect damages arisinQ out of the oerformance of this Work 0rder and specitically releases thyssenkrupp Elevator from any and all such claims_ A service charge 0f 1.5% per month, 0r the highest legal rate, whichever rs less, shall apply to delinquent accounts. ln the event 0f any default of any of the payment provisions herein, Purchaser agrees to pay, in addition t0 any defaulted amount, any att0rney tees, c0urt cosls and all other expenses, lees and costs incurred by thyssenkrupp Elevator in c0nnection with the c0llecti0fi 0f that defaulted am0unt Purchaser agrees that thts W0rk Order shall be construed and enforced in accordance with the laws of the stale ,^,here the vet tical transp0rlation equiprrent (hat is the subject 0f this Work 0rder is located and consents to jurisdjction 0f the couns, b0th state and Federal, 0f that as to ail matters and disputes arising oul of this 1,Vork order. Purchaser further agrees t0 waive trial by jury for all such matters and disputes. the rights of thyssenkrupp Elevator under this Work 0rder shall be cumulative and the failure on the part 0f the thyssenkrupp Elevator.to exercise any rights given hereunder shall n0l 0perate to forfeit 0r waive any of said rights and any extension, indulgence or change by thyssenkrupp Elevat0r in the meth0d, m0de or nranner of payntent or any 0f its other rights shall not be constrLred as a waiver 0f any of its rights under this Work Order. ln lhe evenl any portion of this Work Order is deenred invalid or Lrnen{orceable by a court of law, such finding shall not affect the validity or enforceability 0f any other porllon of this $Jork 0rder, This Work Order shall be considered as having been draftedjointly by Purchaser and thyssenkrupp Elevator and sh€ll nct be construed 0r interpreted against either Purchaset or thyssenkrupp Elevator by reason 0f either Purchaser 0r tltyssenkrupo Elevator's roie in drafting same, ln the event Purchasef's acceptance 0f the work called for jn this Work 0rder is in the forrn of a purchase 0rder 0r other kind of document, the provisions, terms and conditi0ns 0f this Work 0rder shall exclusively qovern the relati0nship between thyssenkrupp Elevator and Purchaser with respsct t0 the work described herein. 22D20-2-814436 I ACIA,10B58Z0 I Marclr 10, 2020 Repair Work Order Acceptance This Work Order is submitted for acceptance within 30 days from the date executed by thyssenkrupp Elevatot, Unless othetwise stated, the Purchaser agrees to pay as follows: 0o/o upon signed acceptance of this Work Order and 921 ,477 .00 upon cornpletion of the work described in this Work 0rder. Purchaser's acceptance of this Work Order will constitute exclusively and entirely the agreement for the work herein described. All prior representations 0r agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this Work 0rder will be recognized unless made in writing and properly executed by both parties. No agent 0r employee of thyssenkrupp Elevator shall have the authority to waive or modifu any of the terms of this Work 0rder without the written appioval of an authorized thyssenkrupp Elevator manager. This Work 0rder specifically contemplates work outside the scope of any other contract currently in effect between the parties; any such contract shall be unaffected by this Work Order, To indicate acceptance of this work order, please sign and return one (1) original of this agreement to the address shown below. Upon receipt cf your written authorization and required rnaterials and/or sufplies, we shall implement the work called for in this Work Order. thyssenkrupp By:8y: (Signature of Authorized lndividual) Garcell Pepe G,Got on(Print or Type Name) Branch Manager (Print or Tyoe litle) t/n /^ro Village 0l Key Brscayne (P urchaser): thyssenkrupp Elevator Corporatran Managemerjt Approval (Date of Acceptance)(Date of Execution) Please contact to schedule work at the f0llowinq phone number 420'20-2-8t44t6 {ACIA-lOB5BZO r March 10, 2020 thyssenkrupp Attn: Garcell Pepe Village 0f Key Biscayne 88 West Mclntyre Street Key Eiscayne FL, 53149 Terms Reference lD Customer Reference # / P0Date March 10, 2020 lmmediate ACIA-108582Q Total Contract Price:$27,477.00 Down Payment: (00/o ) 90,00 For inquiries regarding your_contract or services provided by thyssenkrupp Elevator, please contact your local account rnanager at +1 786 4491578. To make a payment by phone, please call 67g-424-56i5 with the reference information provided below. Current and former service cust0mers can ncw pay online at: tr&s/l&$#e,billFust snm/tbltssenkr upfl &lgvnbr/rg/one-ti{ne-paym ent Thank you for choosing thyssenkrupp Elevator. We appreciate your business. i i':. : : ] : :':'" :' ::'l'1'1": :':'.':l -.: :'_':' : :' : : : : :: i: : _1'l':'l"j': Customer Name; Village 0f Key Biscayne Location Name: Village 0f Key Biscayne Customer Nurnber: 0uote Number: 2020-2-81,4436 Reference lDl ACIA-108582Q Remittance Amount: $O Remit To: thyssenkrupp Elevator Corporation 3100 lnterstate North Cir SE Ste 500 Atlanla, CA 30339-2227 202t)'2-BI44sA l ACIA 1085820 t 14arch 10, 2020 thyssenkrupp Repair Completion Notice to be signed at job completion Thank you for allowing us the opportunity to perform the repair job listed above. We have completed the work as outlined in job #_ and the unit is now up and running, You will receive a final bill for this work shortly. We hope your experience was exceptional ancl look forward to serving you in the future. lf you have any questions about the repair work or your service agreement, please check one of the boxes under "Follow-Up Request'; and the appropriate person will coniact you s00n. Date: Repair Job # Dear Garcell Pepe, Customer Name Customer Signature: Title: Customer Email Building Name: Village 0f Key Biscayne Street Address: 88 West Mclntyre Street City State, Zip: Key Biscayne, FL JJ14g Garcell Pepe Namet Signature: Titlei Brandon Uria Print or Type Name Print or Type Name Signature of Authorized lndividual Sales Rep Srgnature of Authorized lndividual Print or Type TitlePrint or Type Title DateDate Date of acceptance PePe@noemail,com Customer Email Customer Representative thyssenkrupp Representalive Follow Up Request lf you would like a manager 0r depanment representative to c0ntact you, please check one of the following: ;] Sales Department I Service Department f, Branch Manager I Repair Department Phone Number Comments: 2024-2-814436 I ACIA,1OBsBZQ I March 10, 2020 Repair Work Order thyssenkrupp April2t,202088 WEST MCINTYRE ST Purchaser Address: Village 0f Key Biscayne 88 West Mcintyre St Key Biscayne, FL 33149-1846 88 WEST MCINTYRE ST 88 West Mcintyre St Key Biscayne, FL 33143-1846 Location Address: Purchaser authorizes thyssenkrupp Elevator Corporation (referred to as "thyssenkrupp Elevator" hereafter) to perform the following work on the equipment and at the location described above, in exchange for the sum of Forty Nine Thousand Two Hundred Thirty Five Dollars ($49,235.00) inclusive of all applicable sales and use taxes pursuant to the terms and conditions contained in this Work Order (the "Work Order"). Summary: Repair categoryElevator COMMUNITY CENTER #1 0perational For further information, please see a detailed Scope of work on the pages that follow. ln the_ev_ent you have any questions regarding the content of this Work Order please contact me at + 1 786 4491518 . We appreciate your consideration, Regards, Brandon Uria thyssenkrupp Elevator Corporation 7481 NW 66th St Miami FL 33166 brandon.uria@thyssenkrupp.com l+1 786 4491578 Jack Notice: No permits or inspections by others are included in this work, unless otherwise indicated herein. Delivery.and.sltipping is included. All work is to be performed durinE regular working days and hours as defined in this Work 0rder unless otherwise indicat6d herein, 2020-2-862425 I ACIA-1PGATE1 I April 21,,2020 Repair Work Order thyssenkrupp Scope of Work Purchaser authorizes thyssenkrupp Elevator to provide the necessary labor and material to perform the following repair work at the above-referenced location : Twin-Post Jacks Replacement thyssenkrupp Elevator shall provide the necessary labor and material to replace the jack and piston assembly on the Community Center #1 elevator. The following repair work will coincide with the work order executed for the replacement of the packings. Upon completion, the new pistons shall be free to rust and scoring as identified currently. Note: All applicable permits and inspection costs are included within the following agreement, (End Scope of Work) 22020-2-862425 I ACIA-1PGATE1 I April2L,2O20 Repair Work Order thyssenkrupp 32020-2-862425 I ACIA-lPGATEt I April 21,2020 Repair Work 0rder Terms and Conditions thyssenkrupp Elevator does not assume any responsibility for any part of the vertical transportation equipment other than the specific components that are described in this Work 0rder and then only to the extent thyssenkrupp Elevator has performed the work described above. No work, service, examination or liability 0n the part of thyssenkrupp Elevator is intended, implied or included other than the work specifically described above. lt is agreed that thyssenkrupp Elevator does not assume possession or control of any part of the vertical transportation equipment and that such remains Purchaser's exclusively as the owner, lessor, lessee, p0ssessor, or manager thereof. Unless otherwise stated herein, thyssenkrupp Elevator's performance of this Work 0rder is expressly contingent upon Purchaser securing permission or priority as required by all applicable governmental agencies and paying for any and all applicable permits or other similar documents. It is aqreed that thyssenkrupp Elevator's personnel shall be given a safe place in which to work. thyssenkrupp Elevator reserves the right to discontinue its work in the location above whenever, in its sole opinion, thyssenkrupp Elevator believes that any aspect of the location is in anyway unsafe until such time as Purchaser has demonstrated, at its sole expense, that it has appropriately remedied the unsafe condition to thyssenkrupp Elevator's satisfaction. Unless otherwise agreed, it is understood that the work described above will be performed during regular working days and hours which are defined as Monday through Friday, B:00 AM to 4:50 PM (except scheduled union holidays). lf overtime is mutually agreed upon, an additional charge at thyssenkrupp Elevator's usual rates for such work shall be added to the price of this Work Order. ln consideration of thyssenkrupp Elevator performing the work described above Purchaser, to the fullest extent permitted by law, expressly agrees to indemnify, defend, save harmless, discharge, release and forever acquit thyssenkrupp Elevator, its employees, officers, agents, affiliates, and subsidiaries from and against any and all claims, demands, suits, and proceedings made or brought against thyssenkrupp Elevator, its employees, officers, agents, affiliates and subsidiaries for loss, property damage (including damage to the equipment which is the subject matter of this Work Order), personal injury 0r death that are alleged to have been caused by Purchaser or any others in connection with the presence, use, misuse, maintenance, installation, removal, manufacture, design, operation or condition of the vertical kansportation equipment that is the subject ofthis Work 0rder, or the associated areas surrounding such equipment. Purchaser's duty to indemnify does not apply to the extent that the loss, property damage (including damage to the equipment which is the subject matter of this Work Order), personal inlury or death is determined to be caused by or resulting from the negligence of thyssenkrupp Elevator andlor its employees. Purchaser recognizes, however, that its obligation to defend thyssenkrupp Elevator and its employees, officers, agents, affiliates and subsidiaries under this clause is broader and distinct from its duty to indemnif,T and specifically includes payment of all attorney's fees, court costs, interest and any other expenses of litigation arising out of such claims or lawsuits. Purchaser expressly agrees to name thyssenkrupp Elevator along with its officers, agents, affiliates and subsidiaries as additional insureds in Purchaser's liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure thyssenkrupp Elevator, along with its officers, agents, affiliates and subsidiaries for those claims and/or losses referenced in the above paragraph, and for claims and/or or losses arising from the negligence or legal responsibility of thyssenkrupp Elevator and/or its officers, agents, affiliates and subsidiaries. Such insurance must specify that its coverage is primary and non-contributory. Purchaser hereby waives the right of subrogation. thyssenkrupp thyssenkrupp Elevator shall not be liable for any loss, damage or delay caused by acts of qovernment, labor, troubles, strikes, lockouts, fire, explosions, theft, Iiot, civil commotion, war, malicious mischief, acts of God, or any cause beyond its control. thyssenkrupp Elevator Corporation shall automatically receive an extension of time commensurate with any delay regarding the work called for in this Work Order. Should loss of or damage to thyssenkrupp Elevator's material, tools or work occur at the location that is the subject of this Work Order, Purchaser shall compensate thyssenkrupp Elevator therefor, unless such loss or damage results solely from thyssenkrupp Elevator's own acts or omissions. lf any drawings, illustrations or descriptive matter are furnished with this Work Order, they are approximate and are submitted only to show the general style and arrangement of equipment being offered. Work 0rder. Purchaser shall bear all cost(s) for any reinspection of thyssenkrupp Elevator's work due t0 items outside the scope of this Work Order or for any inspection arising from the work of other trades requirinq the assistance of thyssenkrupp Elevator. Purchaser expressly agrees to waive any and all claims for consequential, special or indirect damages arising out of the performance of this Work 0rder and specifically releases thyssenkrupp Elevator from any and all such claims. A service charge of 1.50/o per month, or the highest legal rate, whichever is less, shall apply to delinquent accounts. ln the event of any default of any of the payment provisions herein, Purchaser agrees t0 pay, in addition to any defaulted amount, any attorney fees, court costs and all other expenses, fees and costs incuned by thyssenkrupp Elevator in connection with the collection of that defaulted amount. Purchaser agrees that this Work Order shall be construed and enforced in accordance with the laws 0f the state where the vertical transportation equipment that is the subject of this Work Order is located and consents to jurisdiction of the courts, both state and Federal, of that as to all matters and disputes arising out 0f this Work Order. Purchaser fufther agrees to waive trial by jury for all such matters and disputes. The rights of thyssenkrupp Elevator under this Work Order shall be cumulative and the failure on the part of the thyssenkrupp Elevator to exercrse any rights qiven hereunder shall not operate to forfeit or warve any of said rights and any extension, indulqence or change by thyssenkrupp Elevator 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 Work Order. ln the event any portion of this Work Order is deemed invalid or unenforceable by a court of law, such finding shall not affect the validity or enforceability of any other portion of this Work Order. This Work Order shall be considered as having been drafted jointly by Purchaser and thyssenkrupp Elevator and shall not be conskued or interpreted against either Purchaser or thyssenkrupp Elevator by reason of either Purchaser or ihyssenkrupp Elevator's role in drafting same. ln the event Purchaser's acceptance ofthe work called for in this Work Order is in the form of a purchase order or other kind of document, the provisions, terms and conditions of this Work Order shall exclusively govern the relationship between thyssenkrupp Elevator and Purchaser with respect to the work described herein. 42020-2-862425 I AC|A-1PGATE1 I April 21, 2020 Repair Work 0rder thyssenkrupp Acceptance This Work Order is submitted for acceptance within 30 days from the date executed by thyssenkrupp Elevator. Unless otherwise stated, the Purchaser agrees to pay as follows: 00/o upon signed acceptance of this Work Order and $49,235.00 upon completion of the work described in this work order. Purchaser's acceptance of this Work 0rder will constitute exclusively and entirely the agreement for the work herein described. All prior representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this Work Order will be recognized unless made in writing and properly executed by both parties. No agent or employee of thyssenkrupp Elevator shall have the authority to waive or modify any of the terms of this Work Order without the written approval of an authorized thyssenkrupp Elevator manager. This Work Order specifically contemplates work outside the scope of any other contract currently in effect between the parties; any such contract shall be unaffected by this Work Order. To indicate acceptance of this work order, please sign and return one (1) original of this agreement to the address shown below. Upon receipt of your written authorization and required materials and/or supplies, we shall implement the work called for in this Work Order. By:By: Village 0f Key Biscayne (Purchaser): thyssenkrupp Elevator Corporation Managernent Approval (Signature of Authorized lndividual)(Signature of Branch Representative) Lucas Msraes Branch Manager (Print or Type Name) (Print or Type Title) (Date of Acceptance)(Date of Execution) Please contact to schedule work at the following phone number 52020-2-862425 I ACIA-1PGATE1 I April 21.,2020 @ Village 0f Key Biscayne 88 West Mcintyre St Key Biscayne FL, 33149-1846 Reference lD Customer Reference # / FODateTerms Apri|21,,2020 lmmediate ACIA.lPGATEl Total Contract Price $49,235.00 Down Payment (OVo ) $0.00 For inquiries regarding your contract or services provided by thyssenkrupp Elevator, please contact your localaccount manager at +1 786 4491,578. To make a payment by phone, please call678-338-2339 with the reference information provided below, Current and former service customers can now pay online at: https://secure, billtrust. com/thyssenkruppelevator/iq/one-time-payment Thank you for choosing thyssenkrupp Elevator. We appreciate your business Please detach th*" below section and provide along with payment. Customer Name; Location Name: Customer Number Quote Number: Village 0f Key Biscayne 88 WEST MCINTYRE ST 799236 1 2020-2-862425 Remit To: thyssenkrupp Elevator Corporation 3100 lnterstate North Cir SE Ste 500 Atlanta, G430339-2227 Reference lD ACIA-1PGATE1 Remittance Amount: $O 2020-2-862425 I ACIA-1PGATE1 I April 21,2020 @thyssen krupp Repair Completion Notice to be signed at job completion Date: Repair Job #: Building Name: 88 WEST MCINTYRE ST Street Address: 88 West Mcintyre St City State, Zip: Key Biscayne, FL 33149-1846 Dear , Thank you for allowing us the opportunity to perform the repair job listed above. We have completed the work as outlined in job #_ and the unit is now up and running. You willreceive a finalbillforthis work shortly. We hope your experience was exceptional and look forward to serving you in the future. lf you have any questions aboutthe repair work or your service agreement, please check one of the boxes under "Follow-Up Request" and the appropriate person will contact you soon. Customer Name:Name:Brandon Uria Print or Type Name Print or Type Name Customer Signature Signature Signature of Authorized lndividual Signature of Authorized Individual Sales RepTitleTitle Print or Type Title Print or Type Title Date Date: Date of acceptance Customer Email Customer Email Customer Representative entative Follow Re lf you would like a manager or department representative to contact you, please check one of the following n Sales Department tr Service Department I Branch Manager D Repair Department , Phone Number Comments: 2020-2-862425 I ACIA-1PGATE1 I April 21,2020 &Repair Work 0rder Village 0f Key Biscayne thyssenkrupp March 13, 2020 Purchaser: Address: Village 0f Key Biscayne 88 West Mclntwe Street Key Biscayne, FL 55149 Location: Address: Village 0f Key Biscayne 88 West Mclntyre Street Key Biscayne, FL 35149 Purchaser authorizes thyssenkrupp Elevator Corporation (referred to as'lhyssenkrupp Elevator" hereafter) to perform the following work on the equipment and at the location described above, in exchange for the sum of Nineteen Thousand Nine Hundred Seventy Five Dollars ($19,S75,00) inclusive of all applicable sales and use taxes pursuant to the terms and conditions contained in this tVork 0rder (the "Work Order"). Community Center #1 Packlng rc@4F-flr +ri:dt*t -- u -:ur-dts.. ; For further information, please see a detailed Scope of Work on the pages that follow ln the_ev_ent you have any questions regarding the content of this Work Order please contact me at + i 786 4491578, We appreciate your consideration, Regards, Brandon Uria thyssenkrupp Elevator Corporation 7481 NW 66rh St Miami FL 55166 bnndon,uria@thyssenkrupp.com l+1 786 4491578 Summary: Notice: No permits or inspec{lons by others are included in this worfi, unless othenrrise indicated herein. Delivery and shipping is included, All work is to be peformed during regular working days and hours as defined in this lVrjrk Order unless oftsnilise indicatbd herein. 1 Repair categoryElevatorDescription 2020-2-840960 I ACIA-1027HU6 I March 15, 2020 Repair \rVork Order & thyssenkrupp Scope ofWork Purchaser authorizes thyssenkrupp Elevator to provide the necessary labor and material to perform the following repair work at theabove referenced location; Hydraulic 0il tqyssenkrupn llgv$or willprovide necessary.labor and material needed to remove the oilfrom the slevato(s) refursnced above, Wewjll.pump.the Slsting oil out of your tank aniC deposit it into approved containers. We witt ttten removi inv iiOlmint fiom tiri-Uotiotof the tank and then replace.the.hydraulic fluid with new oil to ensure proper operation. Work by 0thers/0irvner: Removal and proper disposal of the used hydraulic oil.\ Packing thyssenkupp Elevator will provide labor and materials to perform the following wo*: Replace hydraulic iack oackino on a hvdraulic pdss€nger elevator Proper cleanup and disposal of hydraulic oil spill within pit'area Up to tS gailons of hydrdulic fluid. Should additional work be required or requested beyond the above scope of work, a secondary repair order willfollow, (End Scope of Work) 22020-2-840960 l ACIA-1027HU6 | March 13, 2020 &Repair Work 0rder Terms and Conditions thyssenkrupp Elevator does not assume any responsibility tor any part of the vertical transportation equipment other than the specitic components that are described in this Work order and lhen only to the extent thyssenkrupp Elevator has psrformed the work described above. No work, service, €xamination or liability on the pad of thyssenkrupp Elevator is inlended, implied or included other than the work specifically described above. it is agrged that thyssenkupp Elevator does not assume possession 0r control of any part of the vertical transpo(ation equipment and that such remains Purchaser's gxclusively as the owner, lessor, lessee, possessor, or managet thereof. Unless othenvise stated herein, thyssenkrupp Elevalor's performance ofthis Work Order is expressly contingent upon Purchaser securing perrnission or priority as required by all applicable governmental agencies and paying for any and all applicable permits or other similar documents. It is agreed lhat thyssenkrupp Elevator's personnel shall be given a safe place in wftich to work. thyssenkrupp Elevator reserves the right to discontinue its work in the location above whenever, in its sole opinion, ttryssenkrupp Elevator believes that any aspect of the location is in any way unsafe untii such time as Purchaser has demonstrated, at its sole expense. that it has appropriately remedied the unsafe c0ndition to thyssenkrupp Elevator's satisfaction. Unless othenivise agreed, it is understood that the work descrlbed above will be performed during regular working days and hours which are defined as Monday through Friday, B:00 AM to 4;30 PM (except scheduled union holidays). lf overtime is mutually agreed upon, an additional charge at thyssenkrupp Elevator's usual rates for such work shall be added to the price of this Work Orde/. ln consideration of thyssenkrupp Elevator performing the work described above Purchaser, to the fullest extent permitted by law, expressly agrees to indemnify, defend, save harmless, discharge, release and forsver acquit thyssenkrupp Elevator, its employees, offlcers, agents, alfiliates, and subsldiaries frorn and against any and all claims, demands, suits, and proceedings made or brought againstthyssenkrupp Elevator, its employees, officers, agents, affiliates and subsidiaries for loss, property damage (lncluding darnage to the equipment which is the subject matt€r of this Work 0rder), personal injury or death that are alleged to have been caused by Purchaser or any others in connectlon wlth the presence, use, misuse, maintenance, installati0n, removal, manufacture, design, operation or condition ol the vertical trEnspodatlon equiFm€nt that is the subject ol this Work 0rder, or the associated areas surroundlng such equipment. Purchaser's duty to indemnily does not apply to the extent that the loss, property damage (including damage to fie equlpment whlch is the subject matter of this I'1lo* oder), personal lniury or deatn is determined to be caused by or resulting from the negligence of thyssenkrupp Elevator andior its employees. Purchaser recognizes, however, that its obliga[on to defend thyssenkrupp Elevator and its employees, officers, agents, affiliates and subsidiaries under this clause is broader and distinct trom its duty to indemniry and specifically includes payment of all attomey's fees, court costs, interest and any other expenses of litigation arising out of such claims or lawsuits. Purchaser expressly agrees 10 name thyssenkrupp Elevator along wilh its ofticers, agents, afflliates and subsidiaries as additional insureds in Purchaser's liability and any excess (umbrella) liability insurance poliry(ies). Such insurance must insure thyssenkrupp Elevator, along with its officers, agents, affiliates and subsidiaries for those claims and/or hsses referenced in the above paragraph, and for claims and/or or losses arising fiom the negligence or legal responsibility of thyssenkrupp Elevator and/or its officers, agents, affiliates and subsidiaries. Such insurance must specify that its coverage is primary and non-contributory, Purchaser hereby waives the right of subrogation, thyssenkrupp thyssenkrupp Elevator shall not be llable lor any loss, damage or delay caused by acts of government, labor, lroubles, strikes, lockouts, fire, explosions, theft, riot, civil commotion, war, maliqious mischief, €cts of God, or any cause beyond its control. thyssenkrupp Elevator Corporation shall automatically receive an extension of time commensurate with any delay regarding the work called for ln this Worlt Order. Should loss of or damage to thyssenkrupp Elevator's material, tools or work occur at lhe location that is the subiect of this Work order, Purchaser shall compensate thyssenkrupp Elevator therefor, unless such loss or damage results solely from thyssenkrupp Elevator's own acts or omissions. lf any drawings, illustrations or descdptive mafter are furnished witr this Work 0rder, they are approximate and are subrnifted only to show the general style and arrangement of equipment being offered. Work Order. Purchaser shall bear all cost(s) for any reinspectlon of thyssenkrupp Elevator's work due to items outside the scope of this Work order or for any inspedion arlsing fiom the work of other trades requiring the assistance of thyssenkrupp Elevator. Purchaser expressly agrees to waive any and all claims for consaquential, special or indkect damages arising out of the performance of this Work 0rder and specifically releases thyssenkrupp Elevator from any and all such claims, A service charge ot 1.50/o per month, or the highest legal rate, whichever is less, shall appiy to delinquent accounts, ln the event of any default of any of the payment provisions herein, Purchaser agrees to pay, in addition to sny defaulted amount, any attorney fees, court costs and all other expenses, fees and costs incurred by thyssenkrupp Elevator in connection with lhe collection of that defaulted amount. Purchaser agrees that this Wotk Order shall be conslrued and enforced in a|cordance whh the laws of the state where the vertical transportation equipment that is the subject ofthis Work 0rder is located and consents to jurisdiclion of lhe courG, both state and Federal, of that as to all matters and disputes arising out of this Work 0rder, Purchaser fufther agrees to waive trial by jury for all such matters and disputes, The rights ol thyssenkupp Elevator under thls lVork Order shall be cumulative and the failure on lhe part of the thyssenkrupp Elevator to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by thyssenkrupp Elevator ln the method, mode or manner of payment or any of hs other rights shall not be construed as a waiver of any of its rights under this Work order. ln the event any portion of this Work 0rder is deemed invalid or unenforceabie by a court of law, such linding shall not affect the validity or enforceability of any other portion of this Work order. This Work 0rder shall be considered as having been drafted jointly by Purchaser and thyssenkrupp Elevator and shall not be construed or interpreted against either Purchaser 0r thyssenkrupp Elevator by reason of either Purchaser or thyssenkrupp Elevator's role in drafting same. ln the event Purchaser's acceptance of the wo* called for in this Work 0rder is in the form of a purchase order or other kind of document, the provisions, terms and conditions of this ltl/ork 0rder shall exclusively govern the relationship between thyssenkrupp Elevator and Purchaser with respect to the work described herein. 32020-2-840960 I ACIA-1027HU6 | March 13,2024 & thyssenkrupp Village Of Key Biscayne 88 West Mclntyre Street Key Biscayne FL, 53149 Reference lD Customer Ref-erence$/Terms March 13, 2020 lmmediate ACrA-1027HU6 Total Contract Price:$19,975,00 Down Payment: (500/0 ) $9,997,50 For inquiries regarding your contract or services provided by thyssenkrupp Elevator, please contact your local account manager at +1 786 4491578, To rnake a payment by phone, please call 6ZB-JJB-2539 with the reference information provided below. Curent and former service customers can now pay online at:hnng/n iCnna:Am*pa!iled Thank you for choosing thyssenkrupp Elevator, We appreciate your business, ,'i, ,,: r'ii--i.:, it !.1'i: l.il:r.,- ,,j 'tjiti'lit,ri.rr ir I,r. rl,.i l,t nrl,ri -.r;i,.riit,iiii. Customer Narne: Location Name: Customer Number: 0uote Number: Village 0f Key Biscayne Village 0f Key Biscayne 2020-2-840960 Remit To: thyssenlcupp Elevator Corporation 3100 Interstate North Cir SE Ste 500 Atlanta, GA30339-2227 Reference lD:AC|A-1027HU6 RemittanceAmount: $9,988 2020-2-840960 I AC|A-10Z7HU6 I March 13,2020 Repair \rVork Order Acceptance This Work 0rder is submitted for acceptance within 30 days from the date executed by thyssenkrupp Elevator, Unless othenvise stated, the Purchaser agrees to pay as follows: 500/o uponiigned acceptance of this work 0rder and $9,987.50 upon completion of the work described in this work Oiaer. - Purchaser's acceptance of this Work Order will constitute exclusively and entirely the agreement for the work herein described, All pdot representations or agreements regarding fiis work, whether writterior verbal, will be deemed to be merged herein, and no other changes in or additions t0 this Work Order will be recognized unless made in writing and properly secuted by both partles, No agelt or employee of thyssenkrupp Elevator shell have the authorig to waive or modifu any of the terms of this ltVork 0rder without the wiRen approval of an authorized thyssenkrupp Elevator manager. This Work Order specifically contemplates work outside the scope of any other contract currently in effect between the parties; any such contract shall be unaffected by this Work Order. To indicate acceptance of this work order, please sign and return one (t) original of this agreement to the address shown below. Upon receipt of your written authorization and required rnaterials and/or sufplies, we shall implement the work called for in this Work Order. thyssenkrupp By:By: Vjllage 0f Key Eiscayne tPurchaser); thysrenkrupp Elevator Corporafi 0n Management Approvat (Signature of Authorized lndividual)(Signatule of Branch Representative) Lucas Moraes Eranch l'lanager (Print or Type Name) (Pdnt or Type lide) (Oate of Acceptarrce)(Date of Execution) Please conlact to schedule work at fre following phone number 42020-2-840960 I ACIA-1027HU6 I March 13, 2020