ORDER NO. 18688 MOTION TO AUTHORIZF. COUNTY JtJDGE TO SIGN MAINTF,NANCE CONTRACT WITH OMNI EJEVATOR On this the 19th day of May 1989, upon motion made by Commissioner R:ay, seconded by Commissioner Holekamp, the Court unanimously approved the County Judge, on behalf of the Commissioners' Court, to sign a rnaintenance contract with Omni Elevator for 5158.38 per month., and to become effective June 1., 1989, and to remain in effect until either party gives written notice to the other party within forty-fi.ve days of the anniversay date. 'f ,'`fi:•'ilc :1[`d -liS' C.;':~ ;T ". iie':!''~' F:' ^'1~L:S e' it . -- 'I'OM "~tODISF'I"[' ~.. :~-. COUNTY AUDITOR .: ""~;: ',.... ~,'.AI" 19, 1959 TIPS:' i .." . _...~;. _ ___ , .. CONSIDF'.RATION OF JAIL LLEVA'I'OR MAINTLNANCI: CONTRACT. " . - ~. _. _.. _ .. . _. _, _,_,._,.., ,~R,, - __~ .._':_.,_. ~__t~_~ ._. .o, ..... .__ia.i .a< .~ _.. ..:~ < .tea _a _. t. J ,'7 _ _a C/V ~i'S .aa~':i. .. . `r ..JF ''~~ ~ .~, i',D .+ .'i Off. ..._, .-.T... .. '~.~~_. _ ,. ~.~. ..a ~i J. ~~~: ~ :. t~'~... ~'_. R:._.._ _~ .~ ~-~ ~ , ,.i,.-..~ ~ ~.~ .~n~~,-.. -r ^C~t.'h2T~~S "iC'I. !1:'_"i,.," 1'_ES'`!v ..iT~.~:_~~`~'Ti3 _ .f-.''' ~rnr~i El~u~t~r P.O. Box 10459 -San Antonio TX 78210 - (512)223-5500 OffiIII PflE~EIIYI~iE ffiHIII1°EIIflIlCE flIID WfldIIIflD'4T Pfl06flfllll TQMr. Don Cdilliamson DATE: December I9, 1988 Kerr County Auditor Kerr County Courthouse Kerrville TX 7£1B2E3 OMNI ELEVATOR agrees to furnish its PREVENTIVE MAINTENANCE AND WARRANTY PROGRAM for the following Eievator(s)/Escalator(s) located at: Kerr County Detention Center One (1) hydraulic elevator OMNI ELEVATOR will MAINTAIN and WARRANT your ENTIRE elevator ana/or escalator eauioment_on_th~LOllowina terms and conditions: Trained maintenance examiners wilt be directly employed and supervised by Omni. These examiners will be qualified to keep your equfpment properly adjusted and ail reasonable care will be used to maintain YOUR equfpment in proper operating condition. Omni professional technicians will regularly and systematically examine, clean, adjust, lubricate and, 1f conditions warrant, repair or replace alt equipment not specifically excluded. OMNI ALSO AGREES T0: * maintain response time to one hour from notification. # furnish and appiy specialty prepared and compounded lubricants. ~ make any adjustments, repairs, and replacements which may be necessary before the next regular service period. * matntatn lubricating oil and hydraulic fluids at proper operating levels. # renew ali wire ropes as often as necessary. * clean, lubricate, adjust and if conditions warrant, repair or replace all accessory equipment, with exceptions as stated below. ~ periodically examine and test the equipment, at our expense, as specified in the American National Standard Safety Code For Elevators and Escalators, A.N.S.i. 17.1, current edition as of the date this agreement is submitted. ~ malntatn a supply of parts on stte for routine service. 11 1` The following items of elevator end/ar escalator related equipment are not included in our Ixireement: Refinishing, repairing or replacement of elevator car enclosures (including removable panels, car gates. suspended ceilings. light diffusers. handrails end mirrors). car doors. hoistway enclosures. hoistway door panels, frames and sills, car Flooring and (lour covering, cover plates for signal fixtures a 'ng stations, light fixtures and lamps. emer ency car li hts and a ba arias including emergency lowering). mein line power switchos, breakers and feeders to controller, rail alignment en as emngs, smoko, heat sensing and communications devices. and underground jack units or buried piping, end conduit. €sEelater r iw-iric+eiino ranravnhle-aeneFs-and ala5s h ' S. Terms and Conditions: We shall not be required Lo make repairs or renewals necessitated by negligence or misuse of Ne machinery, eyvipment or car, or due to any other cause beyond our control, except ordinary weer. We shall not be required to make safety tests or to install new attachments or devices on the equipment as directed or rocommehded by insurance companies or by government, stela, municipal or other authorities. It is understood and agreed that we will not 6e liable for any damage to the building structure or elevator equipment occassioned by any tests conducted Lo meet safety code requirements. It is agreed Nat we do not assume possession or control of any part of the equipment, but such remains yours exclusively as the owner (or lessee) Nereo(. It is also understood, in consideration o(our performance of Ne service enumerated hareln et Ne prace stated, Nat nothing In Nis agreement shell be construed to mean Nat Omni Elevator assumes any liability on account of accidents to persons or property except Nose directly due Lo negligent acts of Omni Elevator, or its employees, and Net Ne Purchaser's own responsibility for accidents to persons or properties while riding on ar being on or about the aforesaid equipment, is in no way effected by this eggreement. You will retain your normal responsibility and liability es owner or lessor of the equipment. This responsibility includes but is not limited to; advising, warning or instructing passengers in the proper use of Ne equipment; providing a safe work place for our employees; notification to us o(oporetional problems, malfunctions, or accidents. We shell not be held responsible or liablo (or any loss, damage, detention, or delay caused by accidents, labor Doubles, strikes. lockouts, fire, flood, acts of civil or military auhorities, or by insurrection or riot, or by any other cause which is unavoidable or beyond our conUol, or in any event far consequential damages. We shall not be responsible for tho elevator equipment due to power (eilure or lack of proper voltages. Omni Elevator does not assume any responsibility for Ne proper functioning of any smoke sensing, heal sensing, or cammunicaLians devices. Calls relating to these devices are not covered under Nis contract. No work, service, or liability on our pert other Nan Nal specifically mentioned herein, is included or intended. You shall pay es an addttlon to No prl[e stated, a sum equal to Ne amount of any [axes which may now or hereafter be exactod from purchaser or seller on account thereof. Should payments not be made by you in accordance wiN Ne terms of Nis agreement, we reserve Ne right to discontinue Nis contract aL any time by notification in writing. In Ne event of dofault of payment, you agree Lo pay, in addition to the defaulted amount, all collection costs and attorney fees in tonnoction therewiN. This agreement shall be binding upon. and inure to Ne benefit, of ell parties hereto end their respective heirs, representatives, executors, successors and assigns, including Ne event of sale, foreclosure, lease, or other Uansfer of Ne equipment described herein, or ths premises in which located, or a change in Ne paying party. Purchaser also understands Nat the safety tests impose greater Nan normal strains upon Ne equipment end suDPOrting structure. In making such tests Omni shell not be responsible for loss, damage or injury to persons or property because of Ne action or failure of any Nese devices. If repairs are necessary to meet code, before or after such tests, Nis work is extra Lo Nis agreement. Purchaser's Responsibilities. You agree to report immediately any accident or condition which may indicate Ne need for correction before Ne next regular service period and also Lo keep pits and machine rooms clear of water and Uash and not permit Nem to be used for storage. You agree to accept our judgement as to the means and methods to 6e employed for any corrective work under Nis agreement and not to permit others to make repairs, changes, additions. replacements or adjustments to Ne elevator/escalator epuipment. 2 All work performed by Us shall be during regular working hours of our regular working days. For overtime callbacks, if initialed here (`,(~~, we will absorb the costs at straight lime rates and you will only be charged far the overtime premium. Or, if initialed here ( ), we will provide 24 hour callback service every day and absorb all of the premium expense. E~h year the contract price shell be increased or decreased by the percentage of increase or decrease in the straight time hourly pay rate of an elevator mechanic in the locality where the elevator equipment is maintained. The straight time hourly pay rate for this agreement shall include the actual hourly mechanics rate plus fringe benefits given. Fringe benefits include but are not limited to pensions, vacations, group insurance, paid holidays, sickness, accident leaves, and other similar benefits. The applicable straight time hourly cesis and included fringe benefits ere $ 19.81 ,end $ 5. 4 7 This service shell commence on June 1. 1989 Either party may terminate this agreement et the end of the _ First year, or et the end of any subsequent one year period, by giving the other party forty five days prior written notice from the anniversary date of the agreement. Your investment for OMNI Preventative Maintenance and Warranty Service is One hundred fifty eight 38/1(iG noliars($ 15R.3R )per month, payable monthly in advance, upon present;~tion of invoice. Your acceptance of this agreement will constitute exclusively and entirely the agreement for the service described. All prior representations or agreements, whether written or verbal, not incorporated herein are superseded, and no changes in or additions to this agreement will be recognized unless made in writing and signed by both parties. In the event your acceptance is in the form of a purchase order or other kind of d~ument, the provisions, terms end conditions of this proposal shall govern in the event of conflict. Once accept, no agent or employee shell have the authority to waive or modify erry of the terms of this agreement. County Jude TITLE KERB COUNTY AS AGENT FOR SIGNATURE ,f" DATE Viice President nnE OMNI ELEVATOR BILLING NAME & ADDRESS: ~~ COUNTY AUDITOR'S OFFICE ROOH 113. COURTI-[OUSE KPRRVTi I F, TFxnS 7um~ 3