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Home My WebLink AboutAGMT - American Elevator Services • - - State License # 840950 25 Morningwood Drive zt Laguna Niguel, Ca 92677 I N C O R P O R A T E D Ph (949) 388 -4657 Service - Repair - Modernization - Lnstallation Fax (949) 240 -8909 1- 800- 385 -ELEV February 15;2008 " .. RM SERVICE AGREEMENT co) p) 1 PROPOSAL#RM 2-4708 I TO: - -. -- - . - - . -. -- . - - . - . - . -- - . -- -- - - - - -- - -- .ELEVATORS LOCATION:_ OPERATION& MAINTENANCE DIVISION CITY OF SEAL BEACH POLICE DEPARTMENT 1776 ADOLFO LOPEZ 911 SEAL BEACH BLVD SEAL BEACH, CA 90740 SEAL BEACH, CA 90740 American Elevator Services proposes to furnish service on the following listed elevator(s) (hereinafter the "units "): NUMBER OF UNITS STATE NUMBER 1 MANUFACTURER EQUIP TYPE ONE(1) 64008 I DOVER PASS HYDRO Elevator service will consist of regular examinations of the units, on a regular monthly basis, including lubrication as required and external cleaning of the machine, motor and controller, visual examination of interlocks and gate switch circuit, monitoring of tank oil levels, lubrication or oiling of bearings and guides. In addition, we will furnish the following material: lubricants (excluding hydraulic fluid), grease and cleaning products. All work is to be performed during regular business hours of our regular working days. If you request a callback service, we will provide so; at your cost, provided you agree to pay us for our labor and materials at our regular billing rates. Any callbacks after normal business hours will be billed at our premium rate. AGREEMENT TERMS This Service Agreement shall commence on April 1, 2008 and shall continue thereafter for a period of One (1) Year. Either party may terminate this Agreement by giving the other party written notice at least Thirty (30) days prior to the completion date of the given contract term. Said notice shall take effect upon the full completion of that existing term, and unless notice is received accordingly, the contract will continue for successive terms. The AGREEMENT PRICE is: Ninety Dollars and 0 /100, ($90.00) per month, payable ❑quarterly ❑monthly in advance upon presentation of our invoice, plus any applicable taxes. Additional Terms and conditions on reverse side apply. This service proposal, when accepted by you below and approved by our authorized representative, shall constitute The Agreement between both parties, and all prior representations or agreements not incorporated herein are superseded. We do not waive our rights under any existing agreement until this service proposal is fully executed. This Quotation remains valid for (60) days from the proposed date. Accepted in Duplicate m can Elev for Serv es Inc. Customer J By: (`t Ap .. ved b I on a esen Andrew Nepi, ent Title: Princi r al 0 er or Authorized Representative I Date: V 3 v 20 d ar Date: _ /CS .20 06 1 • • Terms and Conditions It is agreed that we do not assume possession or control of any part of the elevator units, that such remains your solely as the owner, operator, agent of the owner or lessee, and that you are solely responsible for any and all requirements imposed by federal, state or local laws ordinances or regulations . This Responsibility includes but not limited to: notifying, advising, instructing passengers in the proper use of the equipment. You agree to provide us with unrestricted safe access, including during off -hour emergency callbacks, to all areas needed to perform our work, you agree to keep elevator pit(s) and machine room(s) free from rubbish and water: Machine rooms to be properly ventilated with temperature controlled in the 50° F to 95 °F temp or otherwise as required by govemment regulations. You agree to give American Elevator Services Inc written notice within twenty -four hours of any accident, alteration or change affecting the equipment or operational problems; to discontinue the equipment from service immediately when it becomes unsafe or operates in a manner which might cause injury to a user thereof; and maintain observation of the equipment for such purpose. This notice requirement is to be strictly construed and any failure to comply with the requirements will serve to hold you liable for any damages or injuries resulting there from. We will indemnify and hold you harmless for losses due to personal injury or property damage to the extent caused by our negligent acts during the performance of the work, but not to the extent caused by others. You agree to indemnify us under the same terms and conditions. We shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of govemment, strikes, lockouts, labor disputes, fire, explosion, theft, floods, water, weather, earth -quakes, riots, civil commotion, war, terrorists, repairs by others, exposure to excessive heat, vandalism misuse, malicious mischief, or acts of God. Not withstanding any other agreements or provisions to the contrary, under any circumstances will either party be liable for any indirect special or consequential damages of any kind. We shall not be liable for removal or disposal of hazardous and waste fluid or materials or for any environmental reporting dictated by any agency for any reason. If any such action is required from us by a third party, you will pay all costs associated with such actions. In the event of sale or lease or other transfer of the equipment, or the building in which they are located, or a change of responsible paying party, you agree to tell transferee or alternate paying party and is made aware of this agreement and assumes and agrees to be bound by the terms hereof for the balance of the agreement term or you will otherwise be liable for the full unpaid balance due for the unexpired term of the agreement. We may at our sole discretion, terminate this agreement with any new successor at any time upon presentation of a thirty day written notice. The Company may assess a late charge of interest, at the full legal interest rate, on the monthly compensation which is not paid within 30 days of due date. American Elevator Services may cancel this contract agreement if payment is not received in full within 60 days. In the event of any default in this agreement, the party not prevailing agrees to pay reasonable attorney fees and /or court costs in connection with any legal service rendered for the purpose of enforcing this agreement. Service Agreement 6/04 RM 2 ThM iLEVATOR SUM Sim. Cost of Services Property address: 911 SEAL BEACH BLVD Preventative Maintenance including Monthly Fire Testing (when applicable) Contract Cost: $90.00 monthly Technician Regular Hourly Rate: $185.00 per hour EOM Contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions conceming a contractor may be referred to the registrar of the board whose address is: Contractor's State License Board 1020 N. Street Sacramento, California 95814 3