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i ler !us SCHINDLER ELEVATOR CORPORATION P,O. Box 4097 \IV A 99202-0097 Phone: 509-535-24 Fnx [PHONE REDACTED] Dote: To: City Of Moscow Po Box 9203 Moscow, ID 83843-1703 Blanchard EQUiPMENT DESCRIPTION Hoscow, TD 23i!43-2H?-3 !-!ydra.cl:; LC P2sne:nqer :fydr,\'1: :h''-Ssenr:;cl: - , - Fa:;c;en<:e[ Estimate Number: DHEE-6ZQTC3 {2007 Building Name: Latah County Free Library SCHiNDLER ELEVATOR CORPORATION we' P Q Box 4097, Spokane WA 99202-0097 and CITY OF MOSCOW_ Po Box 9203, Moscow. ID 83843-1703 ('you") agree as follows PREVENTIVE MAINTENANCE SERViCE • Our preventive maintenance program performed in accordance with a maintenance schedule to your equipment e Examine, lubricate. arrd repa;r/repiace covered components $ Prompt callback coverage $ Ssfety testing & Customer friendly and responsive communications PREVENTIVE MAINTENANCE PROGRAM Our Preventive Maintenance Program, as described in this agreement will be performed in accordance w1th a rnain-tencmce schedule specific to your Schindler technician wiH be assigned to r.:jchnicians are avai!ab!e as to you prompt service as required at aH times. A wi!\ be to you, and v1\li be your contact for communications your agreement Also avai!ab!e to you is our extensive technical support and parts at the site as needc'd. ancl ioca! warehouses and our nationa! Service Oistnbution Center available for express emer98i1C!BS. 2007-05 ---PAGE BREAK--- HYDRAULIC ELEVATORS Basic components: Controller components: resistors, timers, fuses, overioads, minor contacts. coils; packing, drive belts, strainers, functional components of car and corridor operating stations. hangers and tracks, door operating devices, door gibs, guide shoes, rollers, traveling cabies, lamps (replacement during regular visits only), interlocks, door closers. buffers. switches, door protection devices, and a!arm beils. Major components: Exposed piping in the ˊ>1achine Room & hoistway. motor, PC boards, pump. purnp unit, soltd state devices, contactors. and valve. VVe assume no for the following items: hoistway door hinges, panels, frames. gates and sdls; cabs and cab cab doors, gates and removable cab panels; cab mirrors and handrails: power switcrres, fuses ?Jnd feeders to controHers: emergency cab fighting; light fixtures and lamps; cover plates for signal fixtures and nn""'''nn stations; card readers or other access control devices; smoke/fire alarms and detectors; pit pumps end alarms; cleaning of cab interiors and exposed si!is; plungers, casings and cylinders; automatic ejection systems; all piping and connections except that portion is exposed in the machine room and hoistway: r2iis: tank; ernergency power generators; tetephone communication devices: disoosat of used oil; ntercom or music ventilators, air conditioners or media fireman's extenor panels, skirt and deck panels. batustrades, re!amping of muminated balustrades; attachments to skirts, or baiustrades; moving vvalk belts: paHets; steps; skirt brushes: sideplate devices; obsolete items, (defined as parts. components or equipment either 20 or fnore years from original Installation, or no longer avaHable frorn t!18 equipment manufacturer or an parts supplier, replaceable only by refabrication_) CLEANING/PAINTING dean the machin-e room, car top. and pit of debris related to our work ;n these areas: and the machine room floor. TESTING OF SAFETY DEVICES Pressure/Relief Valve Frequency Annually Ou do not include fees or changes imposed by foca! authorities in conjunction with :nspect:ng, licensing or testing the Equipment; changes in the test1ng requirements after the initial start date of thrs Agreement, or any other testing obligations other than as specifically set forth above, Since these tests may expose the equipment to strains well in excess of those experienced during normal operation, Schindler wilt not be responsible for any damage to the equipment or property, or injury to or death of any persons, resulting from or out of the performance of these tests. CUSTOMER FRIENDLY AND RESPONSIVE COMMUNICATIONS ;:ˋervice win take place through our Schindrer Customer Service Network (SCSN), which is staffed by Schind!er 24 You will be provided with a customer identification number, must be referenced when a cal! is placed for your facinty. Our dispatchers wfH have access to your building's service r:.aH records, and wifl the details of your call to the assigned technician. You will also have access to Schindter SCORE CARD"ˌ":v1, through Schindler's website. which gives you tnstant <·1ccess to the of your covered this Agreement 2 jQ/2 ---PAGE BREAK--- ADDITIONAL COVERAGES monitor Of appHcab!e) those functions of the Equipment described above which are remote capable Our remote monitoring system ("SRM") will automatica!ly notify us if any monitored coniponent or function is operating outside established parameters. \file wii! then communicate with yoL to scheduie appropriate service calls. Monitoring wili be performed on a 24 hour, 7 bas1s and wii! communicate toil free with our Customer Service Network using dedicated elevator telephone serv1ce Tt!tϱ c;peiation and monitoring of SRtv1 is contingent upon availability and maintenance of dedicated elevator te!ept;onc= serv:ce. YoU have the responsitJiiity to install, and pay for such telephone serv1ce. ancj ϯo :.JS at a:1y time of any interruption of such telephone service. If requested, you wiH provic1e the proper v.;:nng diagrams for the equipment covered. These diagrams will remain your property, and wiil be mainta:ned by Schindler for use in troubleshooting and serJicing the equipment. CALLBACK RESPONSE TIME VVe wiH respond to callbacks during regu˨ar hours within an average of 4 hours of notification˩ zmcJ overtime hours vvithin an average of ! 2 hours of notification, unless we are prevented frorn so causes beyond our control. HOURS OF SERVICE V-Je wil' the services during our regular working hours of regular working days, excluding etevator trade holidays The services include callbacks for emergency minor adjustment callbacks during hours lf you authorize callbacks outside regular working hours, you win pay us at our standard rates, matenals not covered by contract, expenses and travel. All other work outside the serv1ces w1ll be b1ilecl at our standard biHing rates, A request for service will be considered an "emergency minor adjustment cal!back'- 1f 1t ,s to correct a m8:function or adjust the equipment and requires immediate attention and is not causea ty ''sϰ;se. at)use or o\her fac!ors he'VOIIrl our controL The term does not include any correction or Z.cljustr-nent :hat TERM Th1s Agreement commences on April 01, 2007, and continues until March 31, 2017, and shall renew (where by applicable local law) for subsequent similar periods, unless terminated by either party upon wntten not;ce received by the other party at least 90 prior to the above termination date or any renewal termination c:ate. PRICE òn consideration of the services provided hereunder. you agree to pay us the sum of $500.00 per month, instaHments of $1 ,500.00, exclusive of appncable taxes, subject to payment terms and Price set forth below. You agree to pay, as an addition to the price herein. the amount of any current or fJture saies, use. excise or other tax applicable to the services provided hereunder You may choose to make prr;rnents on a semi-annual basis, for a discount of i c;o here if semi-annua! or on an annua! bas;s. hr a ó:_o;o discount (initial here if annual , PRICE ADJUSTMENT as of the cJate of the and wd! be increased or decreased on the basis of changes to the iocal rcHe for ""'echan1cs !f there is a a new labor rate, or an interim determination of a new labor rate we wiH at the time of such deterrnination, and we will bd! or iSSue for me SPECiAL TERMS AND PRICING iHE PRESENT PRICE INCLUDES THE I.S.O.A. DISCOUNT OF 7 5% TH!S AGREEMENT INCLUDES!\ CAP ON ANNUAL PR!CE .ADJUSTf\-1ENTS FOR A TEN (10) YEAR TER!v1 ---PAGE BREAK--- CfTY HALL==170.68 1912 CENTER6164 66 NONAPPROPRIAT!ON CONTINGENCY This contract is contingent upon CITY the necessary to cover the ob!igatfor;s of CITY. !n the event that such funding is not received or appropriated. then and in that evc:nt. C!TY 'S obligations under th;s Agreement shaH cease and each party sha:l be released frorn ϭϮ J:Lcr under this without any liabi!ity to the other party ---PAGE BREAK--- The 2Hached terms and conditions are rnc:orporated herein by reference. Acceptance you as owner's agent or authorized representative and subsequent by our autϬionzcd reoneSi3n'tative wi!! be required to vaHdate this agreerr1ent Accepted: Debbra Henze ---PAGE BREAK--- TERMS AND CONDITIONS T (Hs is the entire Agreement between us, and no other terms or conditions shall apply. This service proposai does not vc!O m neqate the terms and conditions of any service agreement unless ttxecut.;-:d by bc;th parties No ::>:;rviccs or worK other than set forth here\n are included or intemied by this AQreemont. You reta;n responsibilities as Owner andior of the premises and of the Equipment You win pr-ovide L;s w1tt clear and access to the Equipment and a safe for our employees as weli as a safe stora9e iocat:on parts otrrer rnateria!s to be stored on site which remain our property, in compliance with aH appik;;:Jb\n rt:;q'J.\t'J\Jons '"'ei,au;d thereto, you \vii! inspect and observe the condition of the Equipment and workpưace and you will repori pmenti<-Jiiy fklZardous conditions and malfunctions, and you w!i! call for ser..rice as r equired: you wtH authorize needed repairs m replacements outside the scope of this Agreement and observe ail testin9 and reportin9 responsibilities basecl upon local codes. You wm not permit others to work on the Equipment during the term of this Agreement. You a9ree that you w\H 3uthor\ze and pay for any proposed premaintenance repairs or upgrades (\nc!uding any suct-1 repairs qJf)r¤!des proposed the t"irs-t 30 days of this agreement), or we wil! have the option to terminate this A£Jre&me:Ƶt ';·.Jmediafeiy. with;:;ut rxonaƱty to us. You agreed to post and maintain necessary instructions and! or to rhe ( qu DfHC:il. wiif not be !iabis for ciarnages of any kind, \-vnether in contract or in tor t, or other-Nise. in exuТss of the of ti"ns A9mernent. VVn wiH not be iiab!e in any event for special, indirect or consequential damages. which indu(óC' but are not i1mited to loss of rents. revenues, profit, good wi!L or use of or property. or business interrupt1on Neither shai! be mspofl.sib!e for detention or delay caused by labor trouble or dispu',es. strikes explosion, theft, storm, floods, storms. dot. civH commotion, malicious ,ô-:isch:c:t, of materials or workmen. of material from usual sources, government pr;Dritie-s Nationa! Defense Program. dvi! or authorfty, 'Har. insurrection, fai!ure to act on the ;;arl of e;tner suppliers or subcontractors, orders or instructions of any federal, state, or municipal government or ,;_1r;y dropar::rnent or agency thereof acts of God, or by any other cause boyond the reasonabte contro! of either party Dates for tne peformance or compietron of the 'Nork shaH be extended by such delay of time as may be rc:asonatliy nt:cossary tc cornpens,ste fc;r the clufay, You ,vfil assign this J\gmement to your successor in interest, should your interest in the cease prior t.o tϨ!\2 ϩ>r any renewal termination elate_ if this is terminated prematurely for any reason, other than our defauft failure to ass1gn to a successor in interest as required a:bovcL you will pay as liquidated damages {but not penalty) the remaining amount due unde-r this AclrEcernErrlt The Eqt.;ipment consists of mechanica'i and electrical devices subject to wear and tear detericration, malfunction as Ei ;osua of causes beyond our controL The serJices do not Quarantee af)ai:lSi faiiurn bL:t dre :ntended to reduce wear and prolong useful life of the Equipment WearƲ--' not ;equired to pe;imm tE:slS ;)thu n those specifie rnisusecl or abused We will not be responsibie for use, misuse, or misinterpretation of the reports. calis. aL:mns or CJthe( such SRM output nor for claims arising from acts or omissions of others in connection with SRM or from interruptions of te!epf10ne service to SRM regardless of cause. You agree that you will defend, indemnify and hold us harmless from anrJ :tQainst any such claims, and from any and ail claims arfsing out of or in connection with this Agreement and/or tr,t:: F quiprnenL uniess caused directly and solely by our B$iab!ished fault : Should this be accepted by you in the form of a purchase order, tfH? terms anci concH inns of this f\qrecment wi!i tcke precedence over those of the purchase order. , £ Schindler Elevator Corporation is insured at aH locations where it undertakes business for the type of insurcmce You ;_:qree to accept in fuH satisfaction of the rnsurance requirements for this Agreement our stancJard Certif:cate of !nsur;;:nce. We will not name additional insureds_ Limits of liability as follows: 'Norkers' Compensation - Equal to o1· ir. excess of tim its of VVorkers' Compensation laws in ali states and the 0istrict of CoӅumbia. Comprehensive Ue:bMy- Up to Two Ml\!ion Dollars !ӆ·'i.fUUJ,uvu.u'J)Sing!e iimlt per occurrence_ Products/Completed Ops Aggre-gate $5,000,000, • $5,000,000 CSL. $5.000,000 Each Aculerltl!ccn!pioyee!Poilcy Limit You hereby authorize us to produce copies of the EPROM and/or ROM chips for each r:;iovator subject to H for the so-!c purpDse of archival back-up of the software wnbodied therein. Hv:;; duplicate chip(s) for a qiver' c>;;-;dor ue ·Gd:;nt.iflecl by senal number, or otilf::r means, and shaH be stored on the building prem;ses in a secured a:rea :ne eJcovamr erӇu;pment rocm-1 or you may retain possessiorL '!le agree that back-up chips c:re not for the benefit of purcnase saleӈ or for use in other elevator and sha!\ be used for no other purpose than the replacement of a defective or damaged chtp on the particular In the event that the your continued possession of the compuӉer shoutd cec1se to be rightful, we agre-e that a!1 such archival copies shall be destroyed 14 You acknowledge that certain replacement parts, such as printed circuit boards or controi related parts, mdy tJe d:HicuH to obla·in. While we do not anticipate prob!erns or deiays obtaining such parts, it may be necoss;Jr-y or desirable for to n•.oi'Nlrorn the OEM. at any t'1n1e and from time to time, as by us. VVe agree to reimburse you fo; ihe reasonabtc 1S! such parts {as covered by this Agreement) upon receipt from you of copies of the lnvoice(s} together with payment documentation, 15. Should conditions arise requiring use of the OEM tool, we wH! notify you. You agree. T1 such t_xent to contact the OEM for diagnostic service and repair. You wiH be responsibie for ail costs related tu such ser\nce ann repa1r. You further agree that we shall not be responsible for any delays. damage, costs or claims associatoci w\th you or CEtvrs failure to provide a too!, and you will defend and hold us harrn!ess from dc;iays, damaӊ;e. cost or cicim. 2(!07.2