2017-43 ELEVATOR MAINTENANCE, MONITORING AND INSPECTION SERVICES
AGREEMENT
THIS AGREEMENT, made and entered into this ay of . r, 1 2017,
A.D.,by and between the City of Clermont, 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "CITY"), and MOWREY ELEVATOR COMPANY OF
FLORIDA, INC., 4518 Lafayette Street, Marianna, FL 32446 (hereinafter referred to as
"COMPANY").
WHEREAS, the City of Clermont issue RFB 17-022 titled Elevator Maintenance,
Monitoring and Inspection Services;
WHEREAS, COMPANY submitted its response dated February 2, 2017 to RFB 17-022;
WHEREAS,CITY desires to award a contract to COMPANY in accordance with the terms
and conditions of RFB 17-022 and COMPANY's response thereto;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The COMPANY shall furnish all material, labor, supervision, tools, supplies and
equipment necessary to provide elevator maintenance, monitoring and inspection services
on a schedule and on an as needed basis as particularly specified in the bid documents and
specifications entitled:
RFB No. 17-022 Elevator Maintenance, Monitoring and Inspection Services
as prepared by CITY and shall do everything required therein and by this Contract and the
other Contract Documents contained in the specifications, which are a part of these
Documents.
ARTICLE II - THE CONTRACT SUM
The CITY shall pay to the COMPANY for the faithful,accurate and complete performance
of the services contemplated herein and based on authorized and approved request for
services as described in the Contract Documents, an amount as set forth in the
COMPANY'S Price Schedule included and made a part of COMPANY'S response to RFB
No. 17-022 and as set forth in Exhibit"A"attached hereto and incorporated herein.
ARTICLE III - PROVISION OF SERVICES AND COMPLETION OF WORK
1. The COMPANY shall provide to CITY elevator maintenance, monitoring and
inspection services upon receipt of an authorized work order from CITY and shall
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provide the services in the manner and timeframe and as set forth in RFB No. 14-
019 and Exhibit"B" attached hereto and incorporated herein.
2. COMPANY, upon receipt of a request for service hereunder shall immediately
notify CITY if it has an issue or question related to the fulfillment of the order or
whether there will be any delay in providing the services requested.
3. It is expressly understood and agreed that the passing, approval and/or acceptance
of any repair services contemplated herein by CITY or by any agent or
representative as in compliance with the terms of this Contract shall not operate as
a waiver by the CITY of strict compliance with the terms of this Contract and the
CITY.
4. COMPANY specifically acknowledges that this Contract does not bind or obligate
CITY to purchase any minimum quantity of services at anytime during the term
hereof.
AR ICLE IV LIQUIDATED DAMAGES
, .. -_ . . - . -notwithsta •'ng any other provision con :ined in the Contract Documents - nil,
the COMPA ' .it to complete the work within the specified time •: set by any
work authorization • Notice to Proceed issued by CITY any authorized
extension thereof, COM' - shall pay to CITY the - of ONE HUNDRED
AND FIFTY DOLLARS($151.:a per calendar d. .s fixed,agreed and liquidated
damages for each calendar day elap :be • • the specified time date; which sum
shall represent the damages sustain• : - CITY, and shall be considered not as
a penalty, but in liquidation • •amages sust•'•ed. COMPANY shall pay the
liquidated damages am• - contained herein to CI ithin fifteen (15) days of
receipt of CITY's tten demand for such payment.
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2. For t• • purposes of this Article, the day of final acceptance of the ,• k shall be
•nsidered a day of delay, and the scheduled day of completion of the w• shall
Le censich,red a day sclicdak foi jri�tc�tivi2.
ARTICLE V—PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents, and subject to
additions and deductions as provided, the CITY shall pay the COMPANY within thirty
(30) days of the receipt of COMPANY'S invoice, provided that CITY has accepted the
services that are subject to the invoice and CITY has not objected to payment thereof.
COMPANY'S invoice shall specifically identify the services provided, including an
itemization of hours or portions thereof expended by COMPANY'S technicians and any
and all parts installed.
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ARTICLE VI—TERM
1. This Contract shall take effect upon the date that it is last executed by the parties as
set forth below and will continue in effect for three(3)years thereafter,whereupon
it shall automatically expire, unless renewed by CITY as provided herein. Any
expiration or termination of this Contract, including any renewal term, shall
continue to remain in full force and effect for the purposes of any warranty or
guaranty period applicable to any services provided by COMPANY. CITY at its
sole option shall, upon written notice to COMPANY, have the right to renew this
contract for one (1) additional twenty-four(24) month period. Except as provided
below, COMPANY expressly agrees that the pricing as set forth in Exhibit A
hereto, shall remain in effect and constant throughout the entirety of any and all
renewal periods hereunder.
2. Prior to completion of each exercised contract term, the City may consider an
adjustment to price based on changes on the U.S. Bureau of Statistics,Consumer Price
Index (CPI) for the most recent twelve (12) month period (see
http://www.bls.gov/cpi/cpidr.htm Current Edition). It is the COMPANY'S
responsibility to request in writing any price adjustment under this provision. The
COMPANY'S written request for adjustment should be submitted sixty(60)days prior
to the anniversary date of the contract. The COMPANY adjustment request must
clearly substantiate the requested increase. The written request for adjustment should
not be in excess of the relevant price index change. If no adjustment request is received
from the COMPANY, the CITY will assume that the COMPANY has agreed that the
optional term may be exercised without price adjustment. Any adjustment request
received after the commencement of a new option period shall not be considered.
The CITY reserves the right to reject any written price adjustments submitted by the
COMPANY and/or to not exercise any otherwise available option period based on such
price adjustments. Continuation of the contract beyond the initial period, and any
option subsequently exercised, is a CITY exclusive prerogative, and not a right of the
COMPANY.This prerogative will be exercised only when such continuation is clearly
in the best interest of the City.
ARTICLE VII—TERMINATION
CITY may terminate this Contract for cause at anytime and may also terminate without
cause upon thirty(30) days written notice to COMPANY.
ARTICLE VIII— DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and COMPANY shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
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3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held at Clermont City Hall, unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
ARTICLE IX—INSURANCE AND INDEMNIFCIATION
1. COMPANY shall provide the insurance as set forth in RFB 14-019 and the Contract
Documents.
2. To cover to the fullest extent permitted by law, the COMPANY shall indemnify
and hold harmless the CITY and its agents and employees from and against all
claims, damages, losses and expenses, including but not limited to attorney's fees,
arising out of or resulting from the performance of the Scope of Work hereunder,
provided that any such claim, damage, loss or expense (1) is attributable to bodily
injury, sickness, disease or death,or to injury to or destruction of tangible property,
and (2) is caused in whole or in part by any negligent act or omission of the
COMPANY, any subcontractor, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of whether or
not it is caused in part by a party indemnified hereunder. Such obligation shall not
be construed to negate, abridge, or otherwise reduce any other right to obligation
of indemnity which would otherwise exist as to any party or person described in
this Article. The COMPANY hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the CITY for the indemnification provided
herein.
ARTICLE X—NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
COMPANY: Mowrey Elevator Company of Florida, Inc.
Attn: Wade Battle, Service Sales Rep.
4518 Lafayette Street
Marianna, FL 32446
OWNER: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE XI—MISCELLANEOUS
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1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this agreement.
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof,shall be deleted or modified in such a manner as to make the agreement
valid and enforceable under applicable law, the remainder of this agreement and
the application of such a provision to other persons or circumstances shall be
unaffected, and this agreement shall be valid and enforceable to the fullest extent
permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by COMPANY.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by COMPANY, in whole or in part, without the prior written consent of
city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this agreement shall be Lake County, Florida.
8. Applicable Law. This agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. COMPANY expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
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not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONSULTANT upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the
CITY in a format that is compatible with the information technology
systems of the CITY.
(e) IF COMPANY HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE COMPANY'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, COMPANY SHALL CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE,
(352) 241-7331.
ARTICLE XII—CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Contract as if
herein repeated.
Document Precedence:
1. Contract Agreement
2. All documents contained in RFB No.: 17-022 Elevator Maintenance, Monitoring
and Inspection Services and all addenda and amendments thereto and COMPANY'S
February 2, 2017 response thereto.
IN WITNESS WHEREOF, a parties hereto have executed this Agreement
on this y
. - /�� of 4,iP'/ ,2017.
Attest: City of!;- ont
,
_t-_ �� D. IF y" ity anager
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Noi 4�C/e✓�L
Date: 4riii v1 , (R6/ /7
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Atte, Mowrey eva pang o Florida, Inc.
7---4 - / P LXtv,_ ?e,clv"tfiKel , v e
1 r'o orate fret
rp ary ; / (Name and Title Printed or Typed)
h-a_Li['e)._ J '(YIowC.y Date K' Li/ ZO 11
(Name Printed or Typed)
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EXHIBIT A BIdRFB 17-022
SECTION-C
PRICE SCHEDULE
NOTE: The respondent agrees to furnish all labor, materials, tools, and equipment necessary to provide
maintenance of elevators for the City of Clermont in accordance with the specifications contained herein.
All costs to be portal to portal, including all trip charges. By signing this form, the respondent fully
acknowledges that there will be no additional compensation(no overhead,no anticipated profits,etc.)other
than the unit price of the items times the number of items authorized,ordered,placed,and accepted by the
City.
A.MAINTENANCE.MONITORING.AND INSPECTION SERVICES
City Hall Building-Monthly Maintenance
112/Month
685 W. Montrose St.,Clermont, FL � 1 1 0 � 0 0 4
azo- op
Fire Station 1 -Monthly Maintenance
2 12/Month
439 W. Hwy.50,Clermont,FL 100. 00 31a1D 0.D o
Police Department-Monthly Maintenance
3 12/Month
3600 S.Highway 27,Clermont, FL 100.0D had 0• o o
Elevator Telephone Monitoring Services
4 12/Month
City Hall Elevator 10. 0D No.. Do
Elevator Telephone Monitoring Services
5 12/Month
Fire Station 1 4 10- oo ' 1 ,o, pb
Elevator Telephone Monitoring Services
6 Police Department 4 10 . 00 12/Month 4 1a0. 0(7
Elevator Annual Inspection-City Hall
7 1 /Annual
685 W. Montrose St.,Clermont, FL 4 130. 0 f)
Elevator Annual Inspection-Fire Station 1
8 1 /Annual
439 W.Hwy. 50,Clermont,FL co1 . 0 C)
Elevator Annual Inspection - Police
9 Department 1 /Annual
130. Do
3600 S.Highway 27,Clermont, FL
4 1s3 0 9 Dd
RFB No:17-022
Page 18 of 43
12/2120161:57 PM P 23
City of Clermont Bid RFB 17-022
SECTION—C
PRICE SCHEDULE
B.ESTIMATED HOURLY RATE FOR REPAIR AND SERVICES
1 Regular Hours—Elevator Mechanic Only (4 00. 00 100 , O .
PI
Regular Hours — Crew (Elevator
2 Mechanic and Helper) 1 Std, D D 100 1(ooc, op
Outside Regular Hours — Elevator 1.
3Mechanic Only 3 1 SD. bp 100 415 Oa D. a
Outside Regular Hours Crew—(Elevator
4 Mechanic and Helper) XDo. OD 100 a® 000.
4 (ad,DOD.or
41404,00, Di
Respondents should submit a proposal which will include a detailed breakdown listing of the maintenance
and services to be performed for each location AND ELEVATOR and itemize the charges for that location
BY ELEVATOR as an attachment to the response. However,the respondent must provide this document
within ten (10) business days from request of the City. The maintenance proposal will be used for
informational purposes only.
List the number of technicians employed by your company: to a
List the company's number of years In business performing elevator maintenance: q!�
List the company's number of years in business performing elevator phone monitoring services:
O
RFB No: 17-022
Page 19 of 43
12121/20161:57 PM p.24
City of Clermont Bid RFB 17-022
SECTION—C
PRICE SCHEDULE
By signing below,the respondent agrees to all terms,conditions,and specifications as stated in this
solicitation,and is acting in an authorized capacity to execute this response. The respondent also
certifies that It can and will provide and make available,at a minimum,the items set forth in this
solicitation.
Respondent Information and Signature
Company Name(print): IA 0 IN r° y F I Lv4 7 D r C O M pq.'t-y
Street Address: S J 9 �.a�n y e T T E ,S17 /Oa f I a m vl d., P/ J 1 sl`e&
Mailing Address(if different):
Telephone: �D D- y`+ I- Lig Lill Fax 9 r D - fi a' 4.y g a
Email: a b et. +Ila Mp.1 rile le 1/J,,f. c0/y Payment Terns: 0 % Q days,net 30
FEIN: ,S q - Q Professional.License No.: G L C. 0.3
Signature: / ARM"t, Date: 2//,a B 17
Print Name: vire , - Title: Service_ Set I t s R e P
Does the respondent accept payment using the City's MASTERCARD? Mlles ❑ No
END OF SECTION—C
RFB No:17-022
Page 20 of 43
12/21/20161:57 PM
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