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HomeMy WebLinkAboutReso 2025-3855RESOLUTION NO. 2025 - 88S� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH KONE INC. FOR ELEVATOR SERVICE AND MAINTENANCE FOR THE ELEVATORS LOCATED AT GATEWAY CENTER, IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 17th, 2025, via Resolution No. 2025-3821, the City Commission approved an Agreement with Kone, Inc. (the "Contractor") to provide elevator service and maintenance for the elevators located at Gateway Center (the "Services"), in an amount not to exceed $103,350.00; and WHEREAS, the Agreement with the Contractor included a contingency in the amount of $50,000.00 (the "Contingency Amount") for any unforeseen repairs; and WHEREAS, one of the elevators located at Gateway Center was in need of unexpected repairs and was put out -of -service; and WHEREAS, the Contractor provided the City with a quote to perform the repairs, in an amount not to exceed $73,261.97; and WHEREAS, the City Manager is recommending allocating an additional $50,000.00, as contingency (the "Supplemental Contingency") for any unforeseen repairs; and WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement with the Contractor to add the Supplemental Contingency, in an amount not to exceed Fifty Thousand Dollars and No Cents ($50,000.00), bringing the total contract amount not to exceed One Hundred Fifty -Three Thousand Three Hundred Fifty Dollars and No Cents ($153,350.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval an Agreement. The City Commission hereby approves a First Amendment to the Agreement with the Contractor to add the Supplemental Contingency, in an amount not to exceed Fifty Thousand Dollars and No Cents ($50,000.00), bringing the total contract amount not to exceed One Hundred Fifty -Three Thousand Three Hundred Fifty Dollars and No Cents ($153,350.00), attached hereto as Exhibit "A". Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute said Agreement. @Bcl@5c14aacd Page 1 of 2 196 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 171h ATTEST Mauricko Betandur, CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: J9,4, A ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: 4WI* �S/d 1/�f >;" !Seconded by: aw-L��l d �i� QS EA Vote: Mayor Svechin L,'*' Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (,qS� --- (Yes) (No) @Bcl@5c14aacd Page 2 of 2 197 y„NN v: ff Ll FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND KONE INC. F '•' CONTRACT NO. 2025-6428 `r r..4aa4 SyP eb • 4 64.E THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH (hereinafter "City") and KONE, INC., whose Federal Employer Identification (FEI) No. is 36-2357423 (hereinafter "Contractor'), executed this 4day of July 2025, is made a part of the original Agreement between the City and Contractor, approved by the City Commission on April 17, 2025 (hereinafter "the Agreement"), attached hereto as Exhibit "1." The City and Contractor hereby agree as follows: 1. ADDITIONAL COMPENSATION. City and Contractor wish to amend the Agreement to provide a supplemental amount of Fifty -Thousand Dollars and No Cents ($50,000.00) as additional contingency, if necessary, resulting in a total contingency amount of One Hundred Thousand Dollars and No Cents ($100,000.00). The additional foregoing contingency compensation provided herein will bring the total Agreement not -to -exceed amount to One Hundred Fifty -Three Thousand Three Hundred Fifty Dollars and No Cents ($153,350.00). 2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, approved April 17, 2025, shall remain in full force and effect. 3. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over`any conflicting or inconsistent terms, statements, requirements, or provisions contained in any other document or attachment, including but not limited to Exhibit "1 ." IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] KO\EAWC. —FIRST AMl:1PMI<' T Page I of4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-.3113 Fax KONE, INC. BY: Andy ss, Wes Manager and oriz gent STATE OF FLO IDA: COUNTY OF,r�: The foregoing instrument was acknowledged before me by means of IM/physical presence or ❑ online notarization, this (P day ofd y 2025, by Andy Montross, Sales Manager and Authorized Agent of KONE, Inc. c' (SEAL) [OF, LINiSIEw•NaRINE Notary Public • State of Florida Commissior ? !fH 221478a r °r My Comm, Expires May 21, 2026 3orded through National .votary Assr„ Personally Known a/ or Produced Identification Type of Identification Produced: WA Not ublic, State of Florida (Sig -ture of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] KO\ G, IWC, —FIRST AMPN'DMMT Page 2 or4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax fir•„ ATTE$T: BY: CMC City Clerk CITY OF SUNNY ISLES BEACH BY: Laris vcchin, Mayo_ r APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:► lam E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney KO\E. NC. —FIRST AMINDMEWT I'agc 3 of4 Dedicated to people Flow" Exhibit 4 KONE Inc. Proposal and Agreement to Supply Elevator, Escalator, Moving Walkway Maintenance, Repair, Modernization and Related, Products, Services and Solutions under the U.S. Communities Program utilizing the Terms and Conditions of the City of Kansas City Master Contract (Reference GENRL-EV2516 dated December 111t, 2018) The parties, KONE, INC. ("KONE") and the City of Sunny Isles Beach, Florida ("Purchaser" or "Participating Public Agency"), hereby agree to be bound to the Terms and Conditions of the City of Kansas City Master Contract (Reference GENRL-EV2516 dated December 1St, 2018) ("Contract'), together with those terms and conditions contained in this, Exhibit 4(collectively, "Service Agreement"), except those prohibited by Florida law or inapplicable in the State of Florida. In the event of conflict between terms and conditions contained in the Contract and this Exhibit 4, the terms in this Exhibit 4 shall supersede and prevail. PROPOSED UNITS & EQUIPMENT PRICING: Location & Type of Type of Service Service Call Testing Pricing Address Equipment Quarterly in advance payment Coverage $989.40 per month Gateway Park KONE KCM831 151 Sunny Isles Traction Complete Regular Time Annual and 5 $485/month Blvd Sunny Elevator #1 Maintenance Coverage Year No Load Isles Beach FL State #77295 Test Gateway Park KONE KCM831 151 Sunny Isles Traction Complete Regular Time Annual and 5 $485/month Blvd Sunny Elevator#2 Maintenance Coverage Year No Load Isles Beach State #77296 Test OTAL: WO.00/month The price is based upon monthly in advance payment. In the event Purchaser chooses one ofthefollowing payment options by initialing the selection below, a discount will apply as outlined: Payment Option Discount Revised Monthly Price Acceptance Annual in advance payment $970.00 per month Quarterly in advance payment 2% Increase $989.40 per month During the term of this Contract, KONE agrees to provide the services provided for in the Contract for Fifty -Three Thousand Three Hundred Fifty Dollars and No Cents ($53,350.00), plus Fifty Thousand Dollars and No Cents ($50,000.00) for contingency, if necessary, resulting in a total not -to -exceed amount of One Hundred Three Thousand Three Hundred Fifty Dollars and No Cents ($103,350.00). Kone Center Rev. OF 12/1/2017 Page 1 of 13 © 2018 KONE INC. 313 Availability of Funds. Purchaser's performance and obligation to pay under this Contract is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Contract during any year of the term hereof, then this Contract shall be terminated upon ninety (90) days written notice and KONE shall be compensated for the services satisfactorily performed prior to the effective date of termination. APPLICABLE LAW This Agreement shall be construed and enforced in accordance with, and the validity and performance of shall be governed by, the laws of the State of Florida, and venue shall be in Miami -Dade County, Florida. PROPOSED SCOPE OF WORK: 1. SERVICES Complete Maintenance - (Equipment included per table on page 1) KONE will perform maintenance visits to examine, maintain, adjust, and lubricate the components listed below. In addition, KONE will repair or replace the components listed below, unless exclusion or limited scope language exists elsewhere in this Agreement. All other work related to the equipment is Purchaser's responsibility unless specifically noted elsewhere in this Agreement, or unless Purchaser has separately contracted with KONE for the work. a Gearless Traction Elevators 1. Relay Logic Control System . All control system components. 2. Microprocessor Control System All control system components. System performance examinations will be conducted to ensure that dispatching and motion control systems are operating properly. 3. Gearless Machine Components All gearless machine components. a. Hoistway and Pit Equipment All elevator control equipment and buffers. 5. Rails and Guides Guide rails, guide shoe gibs, and rollers s. Ropes Hoist ropes, governor ropes, and compensation ropes. 7. Wiring All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. s. Door Equipment Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices. 9. Manual Freight Door Equipment Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter -balancing equipment. 1o. Power Freight Door Equipment Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices. 11. Signals and Accessories Caroperating panels, hall push button stations, hall lanterns, emergency lighting, carand hall position indicators, car operating panels, fireman's service equipment and all other signals, and accessory facilities furnished and installed as an integral part of the elevator equipment. Re-lamping of signal fixtures is included only during KONE's maintenance visits. Service requests for re-lamping of signal Kone Center Rev. OF 1 21112 0 1 7 Page 2 of 13 © 2018 KONE INC. 314 fixtures will be billed separately at KONE's then current labor rates. 12. Car Equipment All elevator control system components on the car. B. MRl_ Elevators 1. Relay Logic Control System All control system components. 2. Microprocessor Control System All control system components. System performance examinations will be conducted to ensure that dispatching and motion control systems are operating properly. 3. Gearless Machines Components All MRL machine components. a. Hoistway and Pit Equipment All elevator control equipment and buffers. s. Rails and Guides Guide rails, guide shoe gibs, and rollers s. Ropes Hoist ropes, governor ropes, and compensation ropes. 7. Wiring All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. 8. Door Equipment Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices. s. Manual Freight Door Equipment Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter -balancing equipment. 10. Power Freight Door Equipment Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices. 11. Signals and Accessories Caroperating panels, hall push button stations, hall lanterns, emergency lighting, car and hall position indicators, caroperating panels, fireman's service equipmentand all other signals, and accessory facilities furnished and installed as an integral partof the elevator equipment. Re-lamping of signal fixtures is included only during KONE's maintenance visits. Service requests for re-lamping of signal fixtures will be billed separately at KONE's then current labor rates. 12. Car Equipment All elevator control system components on the car. c. Hydraulic Elevators 1. Relay Logic Control System All control system components. 2. Microprocessor Control System All control system components. System performance examinations will be conducted to ensure that dispatching and motion control systems are operating properly. 3. Power Unit Pump, motor, valves, and all related parts and accessories. a. Hoistway and Pit Equipment All elevator control equipment and buffers. s. Rails and Guides Guide rails, guide shoe gibs, and rollers 8. Wiring All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. 7. Door Equipment Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door Kone Center Rev. OF 12/1/2017 Page 3 of13 © 2018 KONE INC. 315 protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices. s. Manual Freight Door Equipment Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter -balancing equipment. s. Power Freight Door Equipment Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices. 1o. Hydraulic System Accessories Exposed piping, fittings accessories between the pumping unit and the jack,jack packing, hydraulic fluid, and any heating or cooling elements installed by the original equipment manufacturer ("OEM") for controlling fluid temperature. 11. Signals and Accessories Caroperating panels, hall push button stations, hall lanterns, emergency lighting, carand hall position indicators, caroperating panels, fireman's service equipment and all other signals, and accessory facilities furnished and installed as an integral partof the elevator equipment. Re-lamping of signal fixtures is included only during KONE's maintenance visits. Service requests for re-lamping of signal fixtures will be billed separately at KONE's then current labor rates. 12. Car Equipment All elevator control system components on the car. Examination and Lubrication - (Equipment included per table on page 1) KONE will providethe labortoperform maintenance visitstoexamine and/orlubricatethefollowing equipment areas pertwelve month period. • Control system • Power unit and/or machines • Hydraulic system accessories • Hoistway and pit equipment • Door equipment • Signals and accessories Rails and guides KONE will provide all lubricants, greases, and wiping cloths. If KONE identifies items, which, in KONE's judgment, require replacement or repair, KONE will submitto Purchasera separate proposal and contractfor Purchaser's signature. KONE makes no guarantee that its examination will identify any items that require replacementor repair. 2. HOURS OF SERVICE All services described above in this Agreement will be performed during the regular working hours ofthe regular working days of the elevator or escalator trade in the location where the services are performed, unless otherwise specified in the Agreement. 3. SERVICE REQUESTS (CALLBACKSI Service requests are defined as services that require immediate attention and that are within the scope of services and not excluded from the scope of services as provided below. Service requests outside the scope of services will be billed separately at KONE's then current labor rates and material prices plus mileage and incidentals. Any rates and lump sum amounts are not subjectto audit. Service requests that require more than one technician or more than two hours to complete will be treated as a repair and scheduled in accordance with Kone Center Rev. OF 12/1/2017 Page 4 of 13 © 2018 KONE INC. 316 the Hours of Service section above. Purchaser agrees that KONE may perform service requests made by any person that KONE believes is authorized by Purchaser to make such requests. Regular Time Coverage - (Equipment coverage per the table on page 1) In addition to the work described in the Scope of Services section, this Agreement covers requests for service during the regularworking hours of the regular working days of the elevator trade. Overtime Portion Coverage - (Equipment coverage per the table on page 1) If Purchaser requests service on overtime, Purchaser will be charged only for the difference between KONE's hourly billing rate and KONE's hourly overtime billing rate for each overtime hour. Overtime Coverage - (Equipment coverage per the table on page 1) In addition to the above coverage, this Agreement covers requests for service during overtime working hours. Travel Time & Expenses Purchaser will not be billed for travel time or expenses to and from the site for service requests covered under the scope of work. a. TESTS KONE will perform the following tests on the equipment as per the table on page 1 of this Agreement. KONE is not liable for any property damage or personal injury, including death, resulting from any test. HYDRAULIC ELEVATOR A pressure relief test and a yearly leakage test as required by applicable code. TRACTION ELEVATOR An annual no load test as required by applicable code. A five (5) year full load test as required by applicable code. ESCALATOR An annual Escalator Step/Skirt Performance Index Test as required by applicable code. 5. EXCLUSIONS The following are excluded from the scope of services and per attachment D "exclusions section" EV2516: KONE hoist machine and hoist cables. A. GENERAL i. KONE is not obligated to: removal of water or excessive debris from the pit; make replacements or repairs necessitated by fluctuations in the building power systems, adverse machine room or environmental conditions (including without limitation temperature variations below 50 degrees or above 90 degrees Fahrenheit) or humidity greaterthan 95% relative humidity, prior water exposure, rust, fire, explosion, acts of God, misuse, vandalism, theft, acts or mandates of government, labor disputes, strikes, lockouts, or tampering with the equipment by any person other than a KONE representative, negligence or acts or omissions of the Purchaser or any third party, or any other cause beyond KONE's control. Kone Center Rev. OF 121112017 Page 5 of 13 © 2018 KONE INC. 317 2. KONE agrees to maintain the existing performance as designed and installed. KONE is not required underthis Agreementto make changes in operation and/or control, subsequent to the date of this Agreement. 3. Notwithstanding anything contained to the contrary within this Agreement, KONE's work shall not include any abatement or disturbance of asbestos containing material (ACM), presumed asbestos containing materials (PACM), or other hazardous materials (i.e. lead, PCBs) (collectively "HazMat"). Any work in the affected area where reasonable precautions will be inadequateto prevent foreseeable bodily injury or death to persons resulting fromthe HazMat is excluded from KONE's scope of work without an applicable change order to reflect the additional costs and time. In accordance with OSHA requirements, Purchaser shall inform KONE and its employees who will perform work activities in areas which contain HazMat of the presence and location of HazMat in such areas which may be contacted during work before entering the area. Otherthan as expressly disclosed in writing, Purchaser warrants that KONE's work area at all times meets applicable OSHA permissible exposure limits (PELs). KONE shall have the rightto discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, required in order for KONE to perform its work shall be Purchaser's sole responsibility and expense. After any removal or abatement, Purchaser shall provide documentation that the HazMat has been abated from the KONE work area and air clearance reports shall be made available upon request prior to the start of KONE's work. a. Nothing contained within this agreement shall be construed or interpreted as requiring KONEto assume the status of an owner, operator, generator, storer, transporter, treater or d isposal facility as those terms appear within RCRA or any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Purchasershall be responsible to execute all waste manifests necessary to transport hazardous materials for disposal. B. OBSOLESCENCE 1. Component may become obsolete during the term of this Agreement. Obsolete components are not covered under this Agreement. KONEwill provide Purchaserwith a separate quotation forthe priceto replace obsolete components. Equipment modifications necessary to accommodate replacement of obsolete components are at the Purchaser's expense. 2. Components include without limitation any part, component, assembly, product, orfirmware orsoftware module. A component is obsolete when itcan no longer be economically produced due to the cessation of consistent sources for materials, a loss or termination of manufacturing process occurs, product reliability analysis shows that it is not economically feasible to continue to produce the component, escalation of component costs beyond acceptable industry expectations drive alternative equipment upgrades, the supportof product safety programs or conformance to codes or standards mandates that use of a component be discontinued in its entirety, the OEM designates the component as obsolete, or such component has been installed 20 or more years. No exception to the above will be made for a component designated as obsolete because it can be custom made or acquired at any price. KONE will not be required to furnish reconditioned or used components. Afterthe component that replaces the obsolete component is installed, that component is covered under this Agreement unless it becomes obsolete. c. ELEVATOR 1. Refinishing, repairing, replacing, or cleaning of the: car enclosure; gates or door panels; door pull straps; hoistway enclosure; rail alignment; hoistway doors; door frames; sills; hoistway gates; flooring; power feeders, switches, and their wiring and fusing; car light diffusers; ceiling assemblies and attachments; smoke or heat sensors; fans; fireman's phone devices; intercoms; phone lines; music systems; media displays; card -readers or other security systems; computer monitoring systems; light tubes and bulbs; pit pumps; emergency power generators; hydraulic cylinder; unexposed piping; or disposal orclean-up of waste oil or contamination caused by leaks in the hydraulic cylinder or Kone Center Rev. OF 12/1/2017 Page 6 of 13 © 2018 KONE INC. 318 unexposed piping. KONE is not be obligated to perform or keep records of firefighter's service testing, unless specifically included in this Agreement. o. ESCALATOR 1. KONE is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the prior service provider and/or the owner, or make related necessary repairs or component replacements on the equipment. If additional work is necessary, KONE will provide a separate proposal or recommendation for such work. 2. KONE's price and obligations underthis Agreement are subject to a technical survey to be performed within 90 -days of the effective date. If a safety hazard or code violation is identified during KONE's technical survey, Purchaser will immediately remove the unitfromservice until repairs are performed. Purchaser agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Purchaser's failure to comply with KONE's recommendations and proposal. If Purchaser does not immediately approve KONE's proposal or recommendation, KONE reserves the right to terminate this Agreement without penalty. 3. Refinishing, repairing, replacing orcleaning balustrades, pits, pans; sideplate devices; decks; skirt panels; anti -slide devices; brushes; guards and damage or deterioration to skirt deflector brushes. KONE is not obligated to perform an escalator cleandown, or do any work to bring the equipment in compliance with the escalator step/skirt performance index or loaded gap values required by code. Purchaserwill use the escalators forthe sole purpose of transporting passengers. 6.TERM AND TERMINATION A. This Agreement shall begin on the executed agreement date and shall coincide with the terms of Contract No. EV2516 Amendment No.1 Section A. Initial Term, ending November 30, 2029. B. If a party materially breaches the Agreement, the other party shall provide written notice of the breach and a reasonable time underthe circumstances to cure the breach, but in no event less than a thirty (30) days cure period. If the breaching party fails to cure the breach within the specified time period, the non - breaching party may terminate the Agreement upon fifteen (15) days written notice to the other party. c. Purchaser may, at any time upon thirty (30) days notice to KONE specifying the effective date of termination, terminate this Contract, in whole or in part. If this Contract is terminated by Purchaser, Purchaser shall be liable only for payment for services rendered before the effective date of termination. KONE shall prepare an accounting of the services performed and money spent by KONE up to the effective date of termination and shall return to Purchaser any remaining sums within thirty (30) days of such date. 8. ASSIGNMENT If Purchaser transfers ownership ofthe premises on which such equipment is located to a new owner, Purchaserwill promptly provide KONE with new owner's contact information and take all such actions as are necessary to assign the Agreementto the new owner. Purchaser will promptly provide KONE with a copy of such assignment. Should the new ownerfail to assume this Agreement, Purchaser shall remain liable forall unpaid amounts, including those owed forthe balance of the current unexpired term of this Agreement. 9. TECHNICAL SURVEY KONE will perform the technical survey on the new elevator(s) and or escalator(s) within 60 days of contract effective date. If a safety hazard or code violation is identified during KONE's technical survey, Customer will immediately remove the unit from service until repairs are performed. KONE is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the prior service provider and/or the owner, or make related Kone Center Rev. OF 12/1/2017 Page 7 of 13 © 2018 KONE INC. 319 necessary repairs or component replacements on the equipment. If additional work is necessary, KONE will provide a separate proposal or recommendation for such work. Customer agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Customer's failure to comply with KONE's recommendations and proposal, and any obligation on the part of KONE to indemnify or defend Customer with regard to such claim shall be null and void. If Customer does not immediately approve KONE's proposal or recommendation, notwithstanding anything to the contrary in the agreement, KONE reserves the right to terminate this agreement without penalty. 10. INSURANCE Insurance required of KONE shall be primary to, and not contributory with, any insurance or self-insurance maintained by Purchaser. Such insurance shall not diminish KONE's indemnification and obligations hereunder. Before any work under this Contract is performed, and at any time upon request, KONE shall furnish to Purchaser certificates of insurance evidencing the minimum required coverage, with the Purchaser named as additional insured. All policies shall contain a waiver of subrogation endorsement. All insurance policies and certificates of insurance shall provide that the policies may not be canceled oraltered without thirty (30) days prior written notice to Purchaser. KONE shall also require and ensure that each of its sub -contractors providing services hereunder, if any, procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. 11. PUBLIC RECORDS KONE shall be required to comply with the following requirements under Florida's Public Records Law: A. KONE shall keep and maintain public records required by Purchaser to perform the services. B. Upon written request from Purchaser, KONE shall provide Purchaser with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. KONE shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if KONE does not transfer the records to Purchaser. D. Upon written request, KONE shall, upon completion of the contract, transfer, at no cost, to Purchaser all public records in possession of KONE or keep and maintain public records required by Purchaser to perform the service. If KONE transfers all public records to Purchaser upon completion of the contract, KONE shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If KONE keeps and maintains public records upon completion of the contract, KONE shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by KONE to Purchaser, upon written request from Purchaser in a format that is compatible with the information technology systems of Purchaser. Notwithstanding the above, neither party shall be required to erase, delete, alter or destroy back-up media made in the ordinary course of business. IF KONE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO KONE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE PURCHASER'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, C ityClerk(LDCITYfl. net, 18070 Collins Avenue, 4'h Floor, Sunny Isles Beach, Florida 33160. 12. SCRUTINIZED COMPANIES Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. KONE herein certifies, under penalty of perjury, that KONE is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at Purchaser's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute, Section 215.473, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Kone Center Rev. OF 121112017 Page 8 of 13 © 2018 KONE INC. 320 Any contract entered into or renewed after July 1, 2018 shall be terminated at Purchaser's option if KONE is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. KONE must submit the certification that is attached to this agreement as Attachment "A." Submitting a false certification shall be deemed a material breach of contract. Purchaser shall provide notice, in writing, to KONE of Purchaser's determination concerning the false certification. KONE shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If KONE does not demonstrate that Purchaser's reasonable determination of false certification was made in error, then Purchaser shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 13. E -VERIFY Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if KONE enters into a contract with a subcontractor, the subcontractor must provide KONE with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, KONE is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by KONE during the contract term. Further, KONE must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of KONE to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https:Nwww.e- verify.gov/emplovers/enrolling-in-e-verify) and follow the instructions. KONE must retain the 1-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "B." 14. HUMAN TRAFFICKING Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. KONE must submit the affidavit that is attached to this agreement as Attachment "C," signed by an officer or an authorized representative of KONE, under penalty of perjury, attesting that KONE does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. ACCEPTANCE Service Agreement Effective Date: Service Agreement Number: TBD The parties to this service agreement agree to the conditions contained herein: Sign for on beWlf of Participating Public Agency (Print Name) Mayor Kone Center Rev. OF 12/1/2017 Page 9 of 13 © 2018 KONE INC. 321 (Print Title) Date: / / Sign for on behalf of KONE Inc. Andy Montross (Submitted By) .c wp*t&&e�d- (Appro d By) Authorized Representative Andy Montross - Sales Manager (Name and Title) Date: 4 /_/ 2025 Kone Center Rev. OF 12/1/2017 Page 10 of © 2018 KONE INC. KONE Internal KONE Care Value Added Services These services are offered to improve the quality and transparency of the KONE service delivery experience. 24/7 CONNECTED SERVICES KONE's 24/7 Connected Services uses proprietary advanced remote monitoring and analysis technologies to bring intelligent services to elevators and escalators. 24/7 Connected Services provides continuous updates on the status and condition of theequipment, allowing KONE to perform services tailored to each equipment's needs. 24/7 Connected Services is a family of different services that may be ordered separately. As consideration and in order for KONE to be able to provide the 24/7 Connected Services to the Customer, the Agreement is hereby amended as follows: 1. KONE to provide the Services set forth below at a cost of $0.00 per month. This Service fee will be charged on the maintenance invoice at the same interval as the invoicing for maintenance under the Agreement. Installation and/or set-up fees will be provided in a separate proposal when applicable. The interest on any late payments shall be as detailed in the Agreement. 2. KONE shall perform the selected Value -Added Services (each a "Service" and together the "Services") substantially as set forth and authorized below: A. KONE Care - Emergency Phone Monitoring KONE shall program the elevator phone(s) listed below to call the KONE Customer Care Center and will monitorthe elevator phone(s). Customer shall: z. Provide names and phone numbers of at least two (2) of its representatives for the KONE Service Centerto contact on a 24 hour basis, and at least one (1) police, fire or local 911 agency name and phone number. 2. Notify KONE immediately in writing of any changes in these names or numbers. In the event of a call from the elevator, the KONE CustomerCare Centerwill contactthe points of contact in the order listed below. The local authorities will be contacted only if the previously mentioned point of contacts cannot be reached. s. If KONE does not provide Wireless Phone Provider Service, Customer shall provide an analog phone line to the elevator machine room (to be terminated on the appropriate phone jacks). If phone line is an extension off an existing phone system, a backup powersource mustalso be provided. An extension, if applicable, mustbe a direct inward dial (DID) extension. All phones and associated equipment shall be in compliance with the requirements of ASME Al7.1, local codes and applicable law, as amended. Customer shall also provide the elevator phone number(s) and/or extension (s) forthe phone(s) being programmed. By initialing below, you are approving the above KONE Care - Emergency Phone Monitoring services for the additional monthly fee of $0.00 (included services as part of Master Agreement EV2516) ACCEPTED BY Date: B. KONE Care - Wireless Phone Provider Service If Wireless Phone Provider Service is selected, then KONE provides the phone connection via a KONE provided wireless service device and the phone connection must be programmed to the KONE Customer Care Center. KONE Care - Emergency Phone Monitoring is required (seeA. abovefor description of services). Customershall bearthe responsibility to reactivate the analog phone line in the Kone Center Rev. OF 1 21112 01 7 Page 11 of 15 XMNRDENTIA-b © 2018 KONE INC. 323 KONE Internal event KONE can no longer provide wireless service. Customer shall also provide KONE access to the appropriate location where the building telecommunications devices are located. KONE reserves the right to remove the wireless hardware in the event KONE no longer provides the wireless service or maintains the equipment. By initialing below, you are approving the above KONE Care - Wireless Phone Provider Service for the additional monthly fee of $0 (KONE 25% off current invoice for hard line phone service per master contract EV2516. Customer must provide copy of invoice). ACCEPTED BY Date: c. KONE Care 24/7 Connect -Performance Analytics If KONE 24/7 Connected Services is selected, then KONE shall provide and install the necessary device(s) to perform KONE 24/7 Connected Services on the equipment below. Unless otherwise provided for in the Agreement, any callouts, repairs, or maintenance prompted by the KONE 24/7 Connected Services shall be performed during regularworking hours of regularworking days, Monday to Friday, statutory holidays excluded, of the I nternational Union of Elevator Constructors (IUEC.) All response times generated by KONE 24/7 Connected Services shall be calculated starting at 8:00 a.m. local time the next business day. Repairand maintenance needs identified through the Services shall be performed based on the repaircoverage agreed in the Agreement. Under no circumstances shall any indicators orpredictions be cause for immediate services, but shall be determined and completed upon the next scheduled maintenance visit, or otherwise at the sole discretion of KONE. By initialing below, you are approving the above KONE Care 24/7 Connect - Performance Analytics services for the additional monthly fee of $0.00. ACCEPTED BY Date: 3. The KONE Care 24/7 Connected Services are performed for the following equipment: State # KONE Equipment # Wireless Phone Phone Monitoring 24/7 Connect 77295 X X X 77296 X X X 4. Unless the remote monitoring device was a built-in component of a new KONE elevator, the remote monitoring devices are installed tothe equipment by KONE solely in order to enable the Services. The remote monitoring devices are provided to the Customer as part of the Services. Purchaser gives KONE the right to utilize 24/7 Connected Services to collect, export and use data generated by the use and operation of the equipment, regardless if Customer elects any of the Services. Purchaserwill not use the 24/7 Connected Services device, except in connection with the use and operation of the equipment. Purchaser will not reverse engineer or otherwise attempt to obtain the source code of any software in object code form. Purchaser has no ownership or proprietary rights to such data, northe device or software that monitors, analyzes, translates, reports or compiles such data. KONE 24/7 Connected Services, including any data collected, the device(s) to perform the service, and any software related thereto shall be the exclusive property of KONE. 5. KONE 24/7 Connected Services is a family of remote monitoring Services. The parties may later agree to add new Services to the equipment. 6. The Services shall be performed forthe duration of the Agreement. Should the Agreement expire or terminate, the Services will automatically terminate. 7. If any or all Services are terminated, unless the remote monitoring device was a built-in component of a new KONE elevator, the Customer shall upon request give KONE access to the equipmentto remove any remote Kone Center Rev. OF 12/1/2017 Page 12 of 15 DONFIDENTIA4d © 2018 KONE INC. 324 KONE Internal monitoring devices owned by KONE along with any other equipmentwhich remains KONEAETMs property at thefacility orotherwise at KONEAETMs expense. Such right shall survive the expiration or termination of the Agreement. Upon termination for any reason of either the Emergency Phone Monitoring or Wireless Phone Provider Service, no further phone services will be provided, the phone(s) must be immediately reprogrammed to dial to a location other than a KONE designated phone number and KONE will block the phone numbers from coming into the KONE Service Center. Upon termination for any reason of the Data Remote Monitoring, no furtherdata will be collected. Upon any termination or expiration of the Agreement, no further Services will be provided, including phone services or data collection. KONE shall have no obligation to any party to either collect, export or analyze any data, or to provide the source code of any software in object code form. 8. If the Customer uses its own SIM card or network connection for the data transfer required by the Services, KONE shall not be liable for the costs of such data transfer incurred due to the Services Kone Center Rev. OF 1 21112 01 7 Page 13 of 15 CONPIBENWAL 0 2018 KONE INC. 325 KONE Internal Remote Monitoring Service Voice Link and Wireless Phone Service Elevator Description Equipment # Elevator Phone # and. Extension for Caller ID 1 Fust Point of Contact(Required) Phone M Cell Phone #: Local Emergency Authorities (Required) Fire Department Phone #: Police Department Phone #: Kone Center Rev. OF 1 21112 01 7 Page 14 of 15 _CONFIDENTIAL^ © 2018 KONE INC. 326 KONE Internal CUSTOMER INFORMATION Who is the agreement with? Legal Name of the Company: Address: City: State: Zip: Contact Name: Title: Phone: Fax: Is the Owner tax exempt? Yes (if Yes, provide the,Tax Exemption Certificate) Federal tax ID #: Where should the invoice be ent? Legal Name of the Company: Attention: Address: City: State: Zip: Contact Name: Title: Phone: Fax: Federal tax ID #: Email: Who will be responsible for.paying the invoices Legal Name of the Company: Attention: Add ress: City: State: Zip: Contact Name: Title: Phone: Fax: Federal tax ID #: Email: Kone Center Rev. OF 1211/2017 Page 15 of 15 C FI NTD11> © 2018 KONE INC. 327 Attachment A 4VNNY Is, is n V _ '•, '•' CONTRACTOR ANTI -BOYCOTT CERTIFICATION ��• FLS G rP OP SUN �N [PURSUANT TO FLORIDA STATUTE § 287.135] I, Andy Montross , on behalf of KONE Inc Print Name Company Name certifies that KONE Inc. does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. Signature Sales Manager Title 04/21/2025 Date Attachment B E --Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website(httos://wtiyM.e-verify.aoyjemgloyers/enrolling-in•e-verifv) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. KONE Inc Company Name ±MA 714M& -&4a' Offer Signature Andy Montross Print Name 36-2357423 Federal Employer Identification Number (FEIN) 04/21/2025 Date Sales Manager Title Sworn to and subscribed before me on this this ! day of i 2021.6 By rmrta, Is personally known tome ❑ Has prod u ntitication (type of identification produced: 'i g u f1 ry - :aw A�4.MAJN1SIEW-NA"r.�_ r' No -tt t - State -r'cnca COrrmIss%cr22'97S MV Comm. Ex;ires Mtj 21, 2029 010 Roo 3ondeC tk�rot:gli ya[�arai �ctar� iss� . Print or Stamo of Notary Rubtic _xnvahnn nates ----- y0� bUNN7 /s`e�o� Attachment C •ate ♦y'�i�J• RLOF�Ory�r Affidavit of Compliance with Anti -Human Trafficking Laws city of Sunny Isles Beach 98070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: ('305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: I . Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: g 787.06 (13), Florida Statutes Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date, Apn121st , 2p25 Entity: KONE Inc STATE OF IRlMl �- COUNTY OF i~ .,6 Gt� Signed: Name: Andy Montross Title: Sales Manager The foregoing instrument was acknowledged before me, by eans of l(physical presence or El orgine notarization, this (0 day of t 20.,E � , by oap,t0 as tYti .-t g'4r for who isis personally known to me or who has producedas identification. Notary Public Signature: '"-- . Y� State of Florida at Large (Seal) Print Name: My commission expires: MgLINi51� E� - RM y PLbiic • state of Ft'oridammission 4 0 22 ViaMM' ExP°res May 2 t, 2026ough vationaJ votary AssT; F tFtp@ 5 cfrh of sJN 'h�� City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager. FROM: Fabricio Volpi, Public Works Director. DATE: July 17, 2025 RE: Approval of a First Amendment with Kone Inc for Gateway Garage Elevators RECOMMENDATION: Staff recommends the approval of the Resolution. REASONS: In May 2025, through Resolution 2025-3821, the City awarded Kone a $103,350 contract that covered Preventive Maintenance services and included a $50,000 contingency for unplanned as -needed repairs. On June 5, 2025, Kone submitted a repair proposal to Public Works for the out -of -service garage elevator at Gateway Park for $73,261.97, exceeding the initially allocated contingency. This proposal is to replace the motor with a brand new motor. This proposal is $20,000 less than the previous proposal from the former contractor for a refurbished motor. The existing contract term is until November 30, 2029. With the installation of the new motor, we are requesting additional funds in contingency for any unplanned repairs that may arise between now and contract termination on November 30, 2029. With the additional $50,000.00 contingency, the resulting total contract amount will be not -to -exceed $153,350.00 for the repair and maintenance of the two elevators at the Gateway Park parking garage. Kone Inc. has agreed to be bound to the Terms and Conditions and pricing of the City of Kansas City Master Contract. MN IV111561,119 The elevators at Gateway Park are critical for park and Gateway Center patrons as all parking is in a garage that utilizes only two elevators. Utilizing the maintenance, inspection and repair services of the Item Number: 9.G 194 Original Equipment Manufacturer will provide better, more qualified technicians for this product specifically resulting in less disruptions of service. FUNDING SOURCE: Funds have been appropriated in Account No. 001-5-5391-446003-15000. ATTACH M E NTS: Resolution First Amendment Elevator 2 Replacement Quote Item Number: 9.G 195