HomeMy WebLinkAbout082514_ca06Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Frank Gifford, Central Services Director
DATE: August 25, 2014
RE: Contract Addendum for Elevator Maintenance — ThyssenKrupp
Elevator Corp.
STATEMENT OF ISSUE:
ThyssenKrupp Elevator Corp's standard contract for elevator maintenance required changes
per the Prosecuting Attorney's Office. The necessary changes were negotiated between the
Proseucting Attorney's Office and ThyssenKrupp Elevator Corp. and are reflected in the
Addendum to the Platinum Service Agreement.
ANALYSIS:
Entering into the agreement and addendum will allow ThyssenKrupp Elevator Corp. to
provide maintenance on the Courthouse elevator to ensure it continues to operate in a safe
manner and meets all L &I requirements.
FISCAL IMPACT:
Annual elevator maintenance costs of $6840 is included in the Facilities budget.
RECOMMENDATION:
Approve and sign the Addendum to the ThyssenKrupp Elevator Corp. maintenance contract.
REVIEWED BY:
. ounty Adti strator
Date
W /iC//(/
ADDENDUM TO `PLATINUM SERVICE AGREEMENT'
BETWEEN THYSSENKRUPP ELEVATOR CORP. ( "TKE ") AND
JEFFERSON COUNTY ( "COUNTY ")
TKE and the County hereby mutually agree to amend the "Platinum Service Agreement" as
follows
Page 1
The building location is 1820 Jefferson Street. All other information on this page remains valid
and in full force and effect.
Page 7
The section on this page entitled "Insurance" is deleted and replaced with the following text:
"Jefferson County belongs to the Washington Counties Risk Pool ( "WCRP ") and
through its membership in the WCRP is provided $10 million in third party
liability coverage for both personal injury and damage to personal property. The
WCRP also provides the County with an excess insurance policy in the amount of
$10 million above the initial $10 million, said excess policy mirroring the initial
$10 million policy. The County is unable to name TKE as an "additional
insured" on the Joint Self Insurance Liability Policy provided to it by the WCRP.
Any coverage provided to the County by WCRP for third party liability claims
shall be non - contributory to any insurance obtained and maintained by TKE.
TKE shall obtain and maintain insurance from insurance companies authorized to
do business in Washington State the following insurance:
Worker's Compensation: Industrial Insurance in an amount and quality
equivalent to or in excess of what is required of TKE by state law.
General Commercial Liability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000) per occurrence and a aggregate of not less
than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily
injury, including death and property damage, unless a greater amount is specified
in the contract specifications. The insurance coverage shall contain no limitations
on the scope of the protection provided and include the following minimum
coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C.
d,
e.
f.
Broad Form Contractual /Commercial Liability — including completed operations;
Premises — Operations Liability (M &C);
Independent Contractors and subcontractors;
Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self- insurance through an irrevocable Letter'of Credit from a qualified financial
institution.
Certificates of coverage as required by this section shall be delivered to the
County within fifteen (15) days of execution of this agreement.
Failure of TKE to take out and /or maintain any required insurance shall
not relieve TKE from any liability under the Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations
concerning indemnification.
Failure of TKE to comply with the "Insurance" provisions of this
Agreement shall constitute grounds for the County to withhold payment of
amounts due to TKE.
It is agreed by the parties that insurers shall have no right of recovery or
subrogation against the County (including its employees and other agents and
agencies), it being the intention of the parties that the insurance policies so
affected shall protect both parties and be primary coverage for any and all losses
covered by the above described insurance. It. is further agreed by the parties that
insurance companies issuing the policy or policies shall have no recourse against
the County (including its employees and other agents and agencies) for payment
of any premiums or for assessments under any form of policy. It is further agreed
by the parties that any and all deductibles in the above described insurance
policies shall be assumed by and be at the sole risk of the Consultant.
Page 8 first full paragraph that begins "In the event an attorney is retained...." is deleted and
replaced with the following text:
"In the event litigation arising from the terms and conditions of this Agreement is
initiated in a court of competent jurisdiction then each party will be solely
responsible for the costs it incurs, including, but not limited to, court costs, fees,
expenses and attorney's fees."
Page 8 section entitled "Annual Price Adjustments" is amended with the addition of the
following text:
"In the event of prepayment by the County no adjustment to the contract price
shall become effective until the first month when another payment becomes due
from the County. TKE shall make all reasonable efforts to inform the County of a
price increase at least 30 days before such price increase would take effect, but
failure to so timely inform will not constitute a breach of the contract. Any
annual price increase which exceeds twenty percent (20 %) of the prior annual
base price shall be grounds for the County to terminate this Agreement."
Page 8, Early Payment Discount:
This section is amended to replace the phrase "a 3% discount" with the phrase "a 5% discount."
Page 9 Travel Time and Mileage on (Overtime) Service Requests:
Both sections relating to travel time and mileage, whether it describes a "service request" or an
"overtime service request," are amended with this additional text:
"The term "mileage" in these sections means the applicable private vehicle
mileage rate established by the Internal Revenue Service for a particular year
when this Agreement is effective."
Both sections relating to travel time and mileage, whether it describes a "service request" or an
"overtime service request," are amended to include and expressly refer to a table from TKE
showing all applicable travel times for TKE employees, agents and equipment.
Both sections relating to travel time and mileage, whether it describes a "service request" or an
"overtime service request," are amended to reflect the addition of this text:
"If a service request or overtime service request from the County is one of two or
more such requests handled consecutively or sequentially by a single team or
group of TKE employees as dispatched ONCE ( "a dispatching event ") from the
dispatching location to handle multiple service requests during one work shift or
one work day, then with respect to the County the applicable travel time and
mileage charges shall be apportioned between or among the various TKE
customers such that TKE is not authorized to collect in mileage charges from the
County any mileage charges the County would normally incur but which TKE is
collecting from another TKE client served as a result of the same dispatching
event. Similarly, TKE is not authorized to collect from the County any travel
time charges the County would normally incur but which TKE is collecting from
another TKE client served as a result of the same dispatching event."
AGREED TO BY all parties on the last date listed below:
ThyssenKrupp Elevator Corporation: ThyssenKrupp Elevator Corporation Approval
By: By:
Signature of TKE representative . .,Crlenn Minter, Branch Manager
Geoff Vestman, Account Manager
Date: Date:
Jefferson County, a political subdivision of the State of WA
IC
Date:
John Austin, Chair, County Commission
Appmed as tn f
leffenon Co. Ps ut ux
David Alvarez, Chief Ci . DPA