Elevator Maintenance Agreement.
To: Kerr County Courthouse & Annex
700 Main St.
Kerrville, TX 78028
(Hereinafter Purchaser)
For: Kerr County Courthouse & Annex
700 Main St.
Kerrville, TX 78028
gy: ThyssenKrupp Elevator
1077 Central Pkwy. S., #300
San Antonio, TX 78232
(210) 495-8585
UNITS TO BE MAINTAINED
Unit Quantity Manufacturer
One (1) ThyssenKrupp
Type of Unit
Oildraulic
Unit ID or Serial N
EK2299
Number of Stops
3-stops
ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment as outlined in
this agreement. We will endeavor to provide a comprehensive maintenance program to
maximize the performance, safety, and life span of your equipment.
ThyssenKrupp Elevator
Elevator Maintenance Agreement
Dependable maintenance.
ThyssenKrupp Elevator will perform the
following services:
Examine the elevator equipment for proper
operation. Our examination, lubrication,
and adjustment will cover the following
component groups and related equipment
of your elevator system:
• Control and landing positioning systems
• Signal fixtures
• Machines, drives, motors, governors,
sheaves, and ropes
• Power units, pumps, valves, and jacks
• Car and hoistway door operating devices
and door protection equipment
• Loadweighers, car frames and platforms,
and counterweights
• Safety mechanisms
Lubricate equipment for smooth and
efficient performance.
Adjust elevator parts and components to
maximize the elevator's performance and
safe operation.
Relamp all signals as required (during
regularly scheduled visits).
Repair or replace components worn due to
normal wear. Refer to "Other
considerations" section for items not
covered.
®Test equipment as outlined in the
American National Standard Safety Code far
Elevators and Escalators, ANSI A17.1,
current edition as of the date this agreement
begins (only if box is checked). We will
perform governor and safety tests on
traction elevators once per year and relief
pressure tests on hydraulic elevators once
per year. You agree to pay for any costs of
the inspector or inspection fees.
We will maintain your escalator(s) as
outlined in Addendum El.
Byhighly-trained ThyssenKrupp
Elevator professionals.
ThyssenKrupp Elevator-employed and
supervised elevator technicians, who are
among the most trusted in the industry, will
provide all maintenance courteously and
dependably. Our elevator technicians
receive ongoing training in general
equipment development as well as
advancements made to your specif c
elevators.
With assurance of the
ThyssenKrupp Elevator
standard of quality.
To help increase elevator performance and
decrease downtime, our technicians utilize
the latest industry methods and technology
available to us for your specific brand of
elevator. They will be equipped with the
tools, documentation and knowledge to
troubleshoot your unique system.
Behind our technicians is a team devoted to
elevator excellence. Technicians are
supported around the clock by a family of
engineers and Feld support experts. Our
North American technical support facilities
continuously research advancements in the
industry and in your equipment.
ThyssenKrupp Elevator maintains a
comprehensive parts inventory to support
our field operations. Replacement parts are
stored throughout North America in
ThyssenKrupp Elevator facilities, and are
normally available as necessary. Most
specialized parts are available within 24
hours, seven days a week. All replacement
parts used in your elevators will be new or
refurbished to meet the quality standards of
ThyssenKrupp Elevator.
In a timely and responsive
manner.
We will visit your elevators on a regularly
scheduled basis. These visits will be
performed during normal business hours,
Monday through Friday, 8:00 am to 5:00
pm (except scheduled holidays). We will
respond to callbacks during these hours at
no extra charge. Callbacks are defined as
minor adjustments or emergency
entrapments. Callbacks outside of our
normal business hours and any overtime
work or testing that you request will be billed
based on the checked option below:
Page 2 of 4
^ Callbacks outside of normal business
hours will be billed at standard overtime
rate. You agree to pay for travel time for
any overtime service.
® On callbacks outside of normal
business hours, we will absorb the
worked hours at straight time rates and
you will be charged far the overtime
premium portion only, including for travel
time.
^ On all callbacks, we will absorb
overtime premium expenses.
In the event a problem occurs between
visits, our technicians will respond promptly.
You can reach us at our local office or you
may call our national dispatch network at
(800-662-0538. A trained representative
will handle your call quickly and
professionally.
At a reasonable cost.
The price for the services as stated in this
agreement shall be One Hundred Thirty-Five
and 00/100 Dollars ($135.00) per month,
excluding taxes, payable monthly in
advance. Non-payment by the Purchaser of
any monies owing under this agreement
shall result in the accrual of interest on [he
delinquent monies at the maximum rate
allowable by law. Time is of the essence.
This agreement is effective for fve (5) years
starting January Ol, 2002 and is non-
cancelable, except with thirty (30) days
written notice for reasons of non-
performance. To ensure continuous
service, this agreement will be automatically
renewed for successive five (5) year periods,
unless either party timely serves written
notice upon the other party of its intention to
cancel at least thirty (30) days before the
end of the initial five (5) year period, or thirty
(30) days before the end of any subsequent
five (5) year renewal period. Notice shall be
sent by certified mail, return receipt
requested. Time is of the essence.
Early Payment Discount. If you pay in
advance for twelve (12) months of service
on the units covered in this agreement, you
may take a 3°k discount from the annual
price.
FM OS/Ol
Elevator Maintenance Agreement
Special conditions.
Your responsibilities.
Product information. You agree to provide
ThyssenKrupp Elevator with current wiring
diagrams that reflect all changes, parts
catalogs, and maintenance instructions for
the equipment covered by this agreement.
You agree to authorize us to produce single
copies of any programmable device(s) used
in the equipment for the purpose of archival
back-up of the software embodied therein.
These items will remain your property.
Safety. You agree to instruct or warn
passengers in the proper use of the
equipment and to keep the equipment under
continued surveillance by competent
personnel to detect irregularities between
elevator examinations. You agree to report
immediately any condition that may indicate
the need for correction before the next
regular examination. You agree to shut
down the equipment immediately upon
manifestation of any irregularities in
operation or appearance of the equipment,
notify us at once, and keep the equipment
shut down until the completion of any
repairs. You agree to give us verbal notice
immediately and written notice within ten
(10) days after any occurrence or accident
in or about the elevator. You agree to
provide our personnel a safe place in which
to work. We reserve the right to discontinue
work in the building whenever, in our sole
opinion, our personnel do not have a safe
place in which to work. You agree to
provide a suitable machine room including
secured doors, waterproofing, lighting,
ventilation and heat to maintain the room at
a temperature of 50°F minimum to 90°F
maximum. You also agree to maintain the
elevator pit in a dry condition at all times.
Should water or other liquids become
present, you will contract with others for
removal and the proper handling of such
liquids.
Other. You agree not to permit others to
make alterations, additions, adjustments, or
repairs or replace any component or part of
the equipment during the term of this
agreement. You agree to accept our
judgment as to the means and methods to
be employed for any corrective work under
this agreement. In the event of the sale,
lease or other transfer of the elevator(s) or
equipment described herein, or the
premises in which they are located, you
agree to see that such successor is made
aware of this agreement and assumes and
agrees to be bound by the terms hereof for
the balance of the agreement, and subject
to termination as herein provided, or
otherwise 6e liable for the full unpaid
balance due for the full unexpired term of
the agreement.
INDEMNITY CLAUSE
Purchaser agrees to fully and completely
defend, indemnify and hold harmless
ThyssenKrupp Elevator from any and all
claims and lawsuits (whether same is for
personal injury, property damage or death
of any person) asserted against
ThyssenKrupp Elevator which allege to have
a factual or legal basis in the services
contemplated by this contrail; regardless of
whether such actions arise from the use,
operation, repair, installation, or condition of
the equipment which is the subject of this
contractor its machine room(s),
hatchway(s), or component part(s).
Purchaser understands and agrees that its
obligation to defend, indemnity and hold
harmless exist regardless of whether it is
alleged or proved that ThyssenKrupp
Elevator is jointly or solely liable under
theory of legal fault, including, but not
limited to negligence, gross negligence,
strict liability, striil product liability, breach
of warranty (whether expressed or implied)
or breach of contrail. Purchaser recognizes
its obligation under this clause includes
payment of all attorney's fees, costs of court
and other expenses of litigation incurred by
ThyssenKrupp Elevator, together with any
and all damages (including punitive
damages to the extent allowed by law)
awarded by court, jury or other competent
authority, judgments, settlements, appeal
bonds necessary to suspend judgment
pending appeal, interest (pre-judgment and
post-judgment) and attorney's fees awarded
to an adverse party arising out of such
Page 3 of 4
claims or lawsuits. This indemnification
obligation is the broadest allowed by law.
You expressly agree to name ThyssenKrupp
Elevator as an additional insured in your
liability and any excess (umbrella) liability
insurance policy(ies). Such insurance must
insure us for those claims or losses
referenced in the above paragraph. You
hereby waive the right of subrogation.
Other considerations.
Items not covered. We do not cover
cosmetic, construction, or ancillary
components of the elevator system,
including the finishing, repairing, or
replacement of the cab enclosure, ceiling
frames, panels, and/or fixtures, hoistway
door panels, door frames, sills, car flooring,
floor covering, lighting fixtures, ceiling light
bulbs and tubes, main line power switches,
breaker(s), feeders to controller, hydraulic
elevator jack outer casing, buried piping,
alignment of elevator guide rails, smoke and
fire sensors, fre service reports,
communication devices, security systems
not installed by us, batteries far emergency
lighting and lowering, air conditioners,
heaters, ventilation fans and all other items
as set forth and excluded in this agreement.
Annual price adjustments. As the costs we
incur for providing elevator service increase
and decrease annually, we will adjust the
price of your service accordingly on an
annual basis. We will adjust your monthly
price based on the percentage change in the
average rate paid to elevator examiners.
This rate consists of the hourly rate paid to
examiners plus fringe benefits and union
welfare granted in place of or in addition to
the hourly rate. Fringe benefits include
pensions, vacations, paid holidays, group
insurance, sickness and accident insurance,
and hospital insurance.
Pricing may also increase or decrease in the
event the equipment is modified from its
present state.
Overdue invoices. A service charge of llh%
per month, or the highest legal rate,
whichever is less, shall apply to overdue
accounts. If you do not pay any sum within
sixty (60) days from the billing date, we may
FM OS/Ol
Elevator Maintenance Agreement
also choose to do one of the following: 1)
suspend all service until all amounts due
have been paid in full, or 2) declare all sums
for the unexpired term of this agreement
due immediately and terminate this
agreement. If ThyssenKrupp Elevator elects
to suspend service, we shall not be
responsible for damages or injuries to
persons or property from the lack of service.
Upon resumption of service, you will be
responsible for payment to ThyssenKrupp
Elevator of any costs we incur as a result of
the suspension of service.
Non-performance. "Non-performance"is
defined as our inability to remedy any
deficiencies within thirty (30) days after
receiving written notification from you.
Other conditions. With the passage of time,
equipment technology and designs will
change. We will not be required to make
any changes or recommendations in the
existing design or function of the unit(s). We
shall not be obligated to service, make
renewals or repairs upon the equipment by
reason of obsolescence, misuse of the
equipment, another's negligence, loss of
power, blown fuse(s), tripped stop
switch(es), theft, vandalism, explosion, fire,
power failure, water damage, storm,
lightning, nuisance calls, ads of civil or
military authorities, strikes, lockouts, ads of
God, or any other reason or cause beyond
our control. In the event any component of
the elevator becomes obsolete or
outmoded, or is no longer manufactured by
the original manufacturer, it shall be your
obligation to replace the obsolete or
outmoded component at your expense. We
will not be obligated to install new
attachments or parts upon the equipment as
recommended or directed by insurance
companies, any governmental agency or
authority, or any third party.
Should your system require any of the
safety tests on the commencement date of
this agreement, ThyssenKrupp Elevator
assumes no responsibility for the operation
of the governor or safeties on traction
elevators, or the hydraulic system on
hydraulic elevators under the terms of this
agreement until the test has been made.
We shall not be liable for damage to the
building structure resulting from the
performance of safety tests. Should the
respective system fail any of the required
tests, it shall be your sole responsibility to
make necessary repairs and to place the
equipment in a condition that will be
acceptable for coverage under the terms of
this agreement.
In the event a third party is retained to
enforce, construe or defend any of the terms
and conditions of this agreement or to
collect any monies due hereunder, either
with or without litigation, the prevailing party
shall be entitled to recover all costs and
reasonable attorney's fees.
You hereby waive trial by jury and do further
hereby consent that venue of any
proceeding or lawsuit under this agreement
shall be in Dallas County, Texas.
In the event any portion of this agreement is
deemed invalid or unenforceable by a court
of law, public policy or statute, such finding
shall not affect the validity or enforceability
of any other portion of this agreement.
Our rights under this agreement shall be
cumulative and our failure to exercise any
rights given hereunder shall not operate to
forfeit or waive any of said rights and any
extension, indulgence or change by us in
the method, mode or manner of payment or
any of its other rights shall not be construed
as a waiver of any of its rights under this
agreement.
Acceptance.
Your acceptance of this agreement and its
approval by an authorized manager of
ThyssenKrupp Elevator will constitute
exclusively and entirely the agreement for
the services herein described. All other prior
representations or agreements, whether
written or verbal, will be deemed to be
merged herein, and no other changes in or
additions to this agreement will be
recognized unless made in writing and
properly executed by both parties. Should
your acceptance be in the form of a
purchase order or other similar document,
the provisions of this agreement will govern
in the event of a conflict. This proposal is
hereby accepted in its entirety and shall
Page 4 of 4
constitute the entire agreement as
contemplated by you and us.
No agent or employee shall have the
authority to waive or modify any of the terms
of this agreement without the written
approval of an authorized ThyssenKrupp
Elevator manager.
Accepted:
THYSSENKRUPPELEVATORCORPORATION
By: .-~~
na ure of Th9ssenKrup levator epresentative)
Mark K. Bice, Service Sales
(210) 495-8585
Date: / ~ ~G ~b ~
KERR CJJ TY COURTH USE
BY' `y
(Signature of horized Indivitlual)
(Printed or Typed ame)
Title: C~ s~... w,/ /N --.I ~c C~ c~ f
Date: /~°~l /
ThyssenKrupp Elevator Approval:
By:
Title: Branch Manager
Date:
FM OS/01
Addendum A.
This addendum shall be made a part of this agreement, and in the event of conflict with other terms, conditions, purchase orders or contract
documents, this addendum shall govern.
Amend paragraph one, under sub-title'In A Timely and Responsive Manner', on page 2 of 4 to read: The customer will pay travel time and
mileage on all callbacks.
Accepted:
Addendum to contrail dated: January Ol, 2002
THYSSENKRUPP ELEVATOR CORPORATION
By: .-<~
ig ure of T yssenKrupp Elevator 0.epresentative)
KERR COy1f1Y COURTHO SE //,,
gy; '~~ 5~-
(Signature rAUthonze htlrviduaQ
ThyssenKrupp Elevator Approval:
Mark K. Bice, Service Sales
By:
N/-td ~,y~U e~r~ Title: Branch Manager
(Pnntetl or Typed Name)
(210) 495-8585;Fax: (210) 495-4954 Title: )~ Date:
/ ~~ / O
Date: l2 f G ~~~ Date: __
~~'Op, ~TD~C_/
J
Dr
Al 03/01