HomeMy WebLinkAboutresolution.council.087-18 RESOLUTION #87
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A SERVICE AGREEMENT BETWEEN THE CITY
OF ASPEN AND THYSSENKRUP ELEVATOR CORPORATION
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SERVICE
AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a.service
agreement for elevator services between the City of Aspen and ThyssenKrupp
Elevator Corporation a true and accurate copy of which is attached hereto as
Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that service
agreement for elevator services between the City of Aspen and ThyssenKrupp
Elevator Corporation a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager to execute said agreement on behalf
of the City of Aspen.
INTRODUCED, READ AND ADOPTED by he ity Coun i of the City of
Aspen on the 11`h day of June 2018.
S en k ron, ayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution a opted by the City
Council of the City of Aspen, Colorado, at a meeting held June 11, 2018.
Linda Manning, City lerk
Platinum Service Agreement }
Purchaser: City of Aspen
130 S Galena St '
Aspen, CO 81611-1902
Hereinafter referred to as "Purchaser", °City of Aspen", "you", and"your".
By: ThyssenKrupp Elevator Corporation
695 Lindbergh Dr
Eagle, CO 81631
Phone: 970-328-5955
Fax: 866-223-1716
www.thyssenkruppelevator.com
Hereinafter referred to as "ThyssenKrupp Elevator Corporation",*"ThyssenKrupp Elevator", "we", "us"and "our%
PLATINUM SERVICE AGREEMENT
ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment described below in accordance with this
agreement. We will endeavor to provide a comprehensive maintenance program designed to protect your investment and
maximize the performance, safety, and life span of the elevator equipment to be maintained.
E ui'mentTo Be Maintained
Building Name Building Location Manufacturer _Type Of Unit _ Unit ID _#_Of Stops
Wheeler Opera House 320 Hyman Ave TKE/Dover I ` Hydraulic E71575 6
Wheeler Opera House 320 Hyman Ave TKE Hydraulic FYC486 4
_ASPEN CITY HALL - 130 S Galena St TK_E/Dover, Hydraulic ED3557 4
Rio Grande Place 455 Rio Grande Place _Otis Hydraulic 852223 3
Rio Grande Parking 427 Rio Grande Place TKE/Dover Hydraulic - - EA9501- - —4 .
_ Aspen Country Inn 38996 Highway 82 1 Otis I Hydraulic 1 459915 1 2
_ Aspen Country Inn 3_8996 Highway 82 - Otis _Hydraulic 459916 3
Aspen Police Station 540 E Main St TKE Hydraulic EDP880 _ 2
Aspen Police Station 540 E Main St TKE Hydraulic EDP879 3
Aspen Employee Housing 550 E Main Sl TKE Hydraulic EDY849 3
o 0
ThyssenKrupp Elevator Americas ;
Platinum .Service Agreement
Truscott Apartments 39511 Highway 82 Otis Hydraulic 461723 4
Truscott Apartments 39511 Highway 82 Otis . Hydraulic 461724 2
BRONZE SERVICE AGREEMENT
ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment described below in accordance with this
agreement. We will endeavor to provide a comprehensive maintenance program designed to protect your investment and
maximize the performance, safety, and life span of the elevator equipment to be maintained.
Aspen Animal Shelter 101 Animal Shelter Rd TKE Hydraulic ET9738 2
Chaidift
Wheeler Restaurant 320 E. Hyman Ave TK Access Residential/ 1011 WLSH502 2
Chaidift 20
Aspen Golf Club 39551 Highway 82 TK Access Residential/ 0303WLSH 2
`dhyssenK.ruPp,
ThyssenKrupp Elevator Americas
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Preventative,Maintenance Proqram.
We will service your equipment described in this agreement on a regularly scheduled basis. These service visits will be
performed during normal business working days and hours, which are defined as Monday through Friday, 8:00 AM to 4:30
PM (except scheduled holidays). All work performed before or after normal business working days and hours shall be
considered "Overtime".
ThyssenKrupp Elevator will perform the following services:
Examine your elevator equipment for optimum operation. Our examination, lubrication and adjustment will
cover the following components of your elevator system:
n Cnntrnl Rnd landing positioning systems
o Signal fixtures
o Machines, drives, motors, governors, sheaves, and wire ropes
o Power units, pumps, valves, and jacks
o Car and hoistway door operating devices and door protection equipment
o Loadweighers, car frames and platforms, and counterweights
o Safety mechanisms
Lubricate equipment for smooth and efficient performance
Adjust elevator parts and components to maximize performance and safe operation
.Full Coveraae!Parts Repair and Replacement
ThyssenKrupp Elevator will provide full_coverage parts repair and/or replacement for all components worn due to normal
wear, unless specifically excluded in the "Items Not Covered" or "Other Conditions" provisions herein. We maintain a
comprehensive parts inventory to support our field operations. All replacement parts used in your equipment will be new or
refurbished to meet the quality standards of ThyssenKrupp Elevator. Most specialized parts are available within 24 hours,
seven days a week. We will relamp all signals as required (during regularly scheduled visits).
Maintenance.Control.Prou ram
ThyssenKrupp Elevator performs service in accordance with A17.1 —2010/CSA B44-10. Section 8.6 of the code requires
the unit owner to have a Maintenance Control Program (MCP), ThyssenKrupp's MCP meets or exceeds all requirements
outlined in Section 8.6.The Maintenance Control Program includes ThyssenKrupp Elevators Maintenance Tasks&Records
documentation which shall be used to record all maintenance, repairs, replacements and tests performed on the equipment
and is provided with each unit as required by code. ThyssenKrupp Elevator also provides per Section 8.6 of the code, a
maintenance tasks procedures manual with each unit; TKE calls this manual the BEEP Manual, or Basic Elevator, Escalator
Procedures Manual. We do not perform any tests unless such tests are specifically listed as included elsewhere in this
agreement.
Quality Assurance
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 our tools, documentation and
knowledge to troubleshoot your unique system, as well as access to a comprehensive parts replacement inventory system.
Behind our technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a team of
engineers and field support experts. Our North American technical support facilities continuously research advancements
in the industry and in your equipment. Also, our internal quality control program ensures optimum and reliable operation of
your elevator equipment.
To assure that quality standards are being maintained,we may conduct periodic field quality audit surveys. Your
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dedicated ThyssenKrupp Elevator representative will be available to discuss your elevator needs with you in all aspects of
service and modernization. In addition, you may receive recommendations for upgrades that will also provide you with
budget options designed to enhance the appearance, performance and safety of or meet Code requirements for your
equipment over time.
Service Requests During Normal Working Days and Hours
Service requests are defined as any request for dispatch of our technician to the location of the equipment covered in this
agreement from one or more of the following: you or your representative, the building or building's representative,
emergency personnel, and/or passengers through the elevator's communication device and/or from Vista Remote
Monitoring through the elevator's communication line. Service requests include minor adjustments and response to
emergency entrapments that can be accomplished in two hours or less(excluding travel time)and do not include regularly
scheduled maintenance visits.
We will respond to service requests during normal business working days and hours, as defined above, at no additional
charge.
Overtime Service.Requests
On all overtime service requests, we will absorb straight time costs for labor, and you will be responsible for the difference
between the straight time costs and overtime costs for labor. Labor costs include travel time, travel expenses, and time
spent on the job. Overtime service requests are performed before or after normal business working days and hours.
Cloud Based Remote Monitoring Service
Thyssenkrupp Elevator reserves the right to install new remote-monitoring devices on your elevators (each a "Device").
Each Device collects elevator signal output (i.e., cycle counters, event counters) (the"Raw Data") and transfers it into our
cloud-based IoT (Internet of Things). The data is then analyzed by us to assist Thyssenkrupp in anticipating maintenance
needs on your equipment. Purchaser authorizes Thyssenkrupp to install the Devices and, upon termination of the service
agreement, to remove them from the premises if we elect to do so. Thyssenkrupp shall be the sole owner of the Devices
and the data communicated to us. The Devices shall not become fixtures, and are intended to reside where they are
installed and should not be accessed, tampered with, or relocated. Thyssenkrupp may remove the Devices and cease all
data collection and analysis at any time. If the service agreement between Thyssenkrupp and Purchaser is terminated for
any reason, Thyssenkrupp will automatically deactivate the data collection, terminate the device software and destroy all
raw data previously received. The Devices installed by Thyssenkrupp contain trade secrets belonging to us, and are
installed for the use and benefit of our personnel only. Purchaser agrees not to permit Purchaser personnel or any third
parties to use, access, copy, or reverse engineer the Devices.
❑ Service History Website:
This agreement includes Premium access to ThyssenKrupp Elevator's website in accordance with the following terms and conditions.
During the term of this Agreement,ThyssenKrupp Elevator agrees to provide Purchaser with a user name and password to ThyssenKrupp
Elevator's website for access to maintenance and service call data generated following the effective date of this Agreement. Purchaser
shall, at its sole cost, provide and ensure the functioning integrity of its own hardware, software and internet connection necessary to
access the website. By executing this Agreement, Purchaser acknowledges that any work performed by ThyssenKrupp Elevator
modernization and/or construction personnel may not be included or accessible on the website.ThyssenKrupp Elevator reserves the right
to restrict access to the website if any of Purchasers accounts with ThyssenKrupp Elevator has an outstanding unpaid balance greater
than 30 days or in the event of anticipated or pending litigation of any kind.
THE WEBSITE IS PROVIDED TO CUSTOMER"AS IS"AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THYSSENKRUPP ELEVATOR EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE
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INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TILE AND NON-
INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE
OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THYSSENKRUPP ELEVATOR PROVIDES NO WARRANTY
OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE CP WILL BE ACCESSIBLE TO CUSTOMER,
ACHIEVE ANY INTENDED RESULTS, MEET CUSTOMER'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, MEET ANY
PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE
CORRECTED.-TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT WILL THYSSENKRUPP ELEVATOR
OR ITS AFFILIATES,BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY USE,INTERRUPTION,DELAY OR INABILITY
TO USE THE WEBSITE OR FOR THE ACT OF ANY THIRD PARTY INCLUDING THE INCORPORATION OF A VIRUS, SPYWARE OR
ANY OTHER MALICIOUS PROGRAMS.
® ThyssenKrupp Communications®(Check box if included)
ThyssenKrupp Communications is ThyssenKrupp Elevator's 24-hour telephone monitoring and emergency,call service. Our
representatives are trained to handle elevator calls and they can assess the situation and quickly dispatch a technician
when necessary-If needed,they can stay on the line to reassure a stranded passenger that help is on the way.ThyssenKrupp
Communications maintains digital recordings and computerized records of the time, date, and location of calls received and
action taken for the benefit of passengers and building owners. Special considerations regarding ThyssenKrupp
Communications are set forth below.
Through its centralized ThyssenKrupp Communications call center, ThyssenKrupp Elevator will provide 7 days per week,
24 hours per day, 365 days per year dispatching service for calls placed by Purchaser after normal business working days
and hours to the local ThyssenKrupp Elevator branch office and telephone monitoring on all elevator(s) maintained under
this Agreement that have operational telephone equipment capable of placing a call to that call center. Depending on the
nature of the call and circumstances, ThyssenKrupp Elevator's operators can call one or more of the following: Purchaser's
Designated Contacts set forth in Section 2 below; Local Emergency Services at phone numbers provided by Purchaser in
Section 3 below; and/or a local ThyssenKrupp Elevator service technician to be dispatched to the location of the equipment.
Purchaser hereby acknowledges that as a condition precedent to ThyssenKrupp Elevator's placement of calls to Purchaser's
Designated Contacts and any Local Erriergency Services under this Agreement, Purchaser must first complete Sections 1
and 2 below: Purchaser further acknowledges that it is Purchaser's sole responsibility to advise ThyssenKrupp Elevator
immediately in writing of any changes to the information contained in those two (2) sections during the term of this
Agreement. Purchaser acknowledges that no revision to that information will be made without ThyssenKrupp Elevator first
receiving such request in writing from Purchaser's authorized representative.
Under those circumstances where ThyssenKrupp Elevator is unable to reach Purchaser's Designated Contacts set forth in
Section 2 below, Purchaser hereby gives ThyssenKrupp Elevator express permission to dispatch a ThyssenKrupp Elevator
service technician to the location'of the equipment at Purchaser's expense in accordance with ThyssenKrupp Elevator's
applicable billing rates. Purchaser further agrees that ThyssenKrupp Elevator does not assume any duty or responsibility to
advise any caller, regardless of his or her location within or outside the elevator, to take or not take any specific action
resulting from a medical or other emergency or any other situation including, but not limited to, entrapment of persons,
evacuation, repair or return to service of any equipment.
In the event that a ThyssenKrupp Elevator call center operator perceives that a call from within the elevator constitutes a
medical or other emergency, Purchaser hereby gives ThyssenKrupp Elevator the express permission to call Local
Emergency Services at the telephone numbers provided by the Purchaser in Section 3 below at ThyssenKrupp Elevator's
sole discretion Under those circumstances, Purchaser agrees to pay all related charges for services provided by any Local
Emergency Services in response to that call. Purchaser agrees that ThyssenKrupp Elevator shall not be responsible
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for ensuring an appropriate(or any) response by Local Emergency Services to that call.
None of the services described anywhere in this Agreement includes maintenance of any type or kind of the Purchaser's
telephone or other communication equipment. The Purchaser retains possession and control of its telephone and other
communication equipment and is responsible for ensuring uninterrupted operation of that equipment so that it is capable of
placing a call to ThyssenKrupp Communication's call center.
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ThvssenKrumCommunications Contact Information-To Be Completed:bwPurchaser
Section 1, Elevator Detail:
Total number of elevators in Building
Elevator Elevator Telephone Number including Elevator Elevator Telephone Number including
# Area Code # Area Code
Section 2, Purchaser Designated Contacts:
In the event of an emergency,or perceived emergency affecting the equipment covered by this Agreement,the Purchaser designates the following as
its decision-making contacts: _
Contact Name Title Primary Telephone# Secondary Telephone#
3
Section 3, Local Emergency Services Contact Information:
Phone#for Local Police Department: ( ),
Phone#for Local Fire Department: ( )
Section 4, Purchaser's Special Instructions:
The following are special instructions provided by Purchasers with respect'to the information supplied above:
E Periodic.Safety Testing (Check box if included) .
ThysseriKrupp Elevator will test your equipment in accordance with those periodic testing requirements as outlined in the
American National Safety Code for Elevators and Escalators, ANSI A 17.1, which are in effect at the time this agreement is
executed. In the event that the state, city or local governing authority in which the equipment is located has adopted
different requirements, ThyssenKrupp Elevator will test your equipment in accordance with those periodic testing .
requirements in effect at the time this agreement is executed. You agree to pay for any costs of the inspector and/or
inspection fees. Special Considerations regarding periodic safety testing are set forth below.
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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(exception: we will supply all of the above for new
ThyssenKrupp elevators at no additional cost). 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 immediately
report any condition that may indicate the need for correction before the next regular examination.You agree to immediately
shut down the equipment upon manifestation of any irregularities in either the operation or the appearance of the equipment,
to immediately notify us, and to keep the equipment shut down until the completion of any repairs. You agree to give us
immediate verbal notice and written notice within ten (10) days after any occurrence or accident in or about the elevator.
You agree to provide our personnel with a safe place'to work. You agree to provide a suitable machine room, including
secured doors, waterproofing, lighting, ventilation, and appropriate air temperature control to maintain that room at a
temperature between 50°F and 90°F. 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.We
reserve the right to discontinue work in the building whenever, in our sole opinion, our personnel do not have a safe place
to work. You also agree that if ThyssenKrupp Elevators inspection of a piece of equipment serviced under this agreement
reveals an operational problem which, in ThyssenKrupp Elevators sole judgment,jeopardizes the safety of the riding public,
ThyssenKrupp Elevator may shut down the equipment until such time as the operational problem is resolved. In that event,
ThyssenKrupp Elevator will immediately advise you in writing of such action, the reason for such action, and whether any
proposed solution is covered by the terms of this agreement.
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 ourjudgment as to the means and methods employed
by us for any corrective work under.this agreement. Since ThyssenKrupp Elevators top priority is the satisfaction of its
customers, if you should have any concem(s) with the means and methods used to maintain or repair the equipment
covered under this agreement, you agree to provide us with written notice of that concern and give us thirty (30) days to
respond either in writing or commence action to appropriately resolve it.
In the event of the sale, lease or other transfer of the ownership or management of the premises in which the elevator(s)or
equipment described herein are located, you agree to see that such transferee is made aware of this agreement.
In consideration of ThyssenKrupp Elevator performing the services herein specified, you expressly agree, to the fullest
extent permitted by law,to indemnify,defend, save harmless,discharge, release and forever acquit ThyssenKrupp Elevator
Corporation, our employees, officers, agents, affiliates, and subsidiaries from and against any and all claims, demands,
suits, and proceedings brought against ThyssenKrupp Elevator, our employees, officers, agents, affiliates and subsidiaries
for loss, property damage(including damage to the equipmentwhich is the subject matter of this agreement), personal injury
or death that are alleged to have been caused by the Purchaser or any others in connection with the presence, use, misuse,
maintenance, installation,removal,manufacture,design,operation or condition of the equipment covered by this agreement,
or the associated areas surrounding such equipment. Your duty to indemnify does not apply to the extent that the loss,
property damage (including damage to the equipment which is the subject matter of this agreement), personal injury or
death is determined to be caused by or resulting from the negligence of ThyssenKrupp Elevator and/or our employees.
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Insurance
You expressly agree to name ThyssenKrupp Elevator Corporation along with its officers, agents, affiliates,and subsidiaries
as additional insureds in your liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure
ThyssenKrupp Elevator Corporation, along with its officers, agents,affiliates and subsidiaries for those claims and/or losses
referenced in the above paragraph, and for claims and/or or losses arising from the sole negligence or responsibility of
ThyssenKrupp Elevator Corporation and/or its officers, agents, affiliates and subsidiaries. Such insurance must specify that
its coverage is primary and non-contributory:
ThyssenKrupp Elevator Corporation agrees to procure and maintain, at its own expense, a policy or policies of insurance
with the minimum coverage of:Workers'Compensation with minimum limits of One Million Dollars($1,000,000:00)for each
accident, One Mllllon Dollars ($1,000,000.00) disease - policy limit and each employee. Commercial General Liability
insurance with a minimum combined single limits of Two Million Dollars ($2,000,000.00) each occurrence and Two Million
Dollars ($2,000,000.00)aggregate applicable to all premises and operations:;Comprehensive Automobile insurance with a
minimum combined single limits for bodily injury and property damage of One Million Dollars ($1,000,000.00) each
occurrence and One Million Dollars($1,000,000.00)with respect to each ThyssenKrupp Elevator Corporation owned, hired,
and non-owned vehicles assigned to or used in performance of work subject to this agreement.
Items Not Covered
We dQ 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, swing door
hinges and closing devices, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs.and tubes, main line power
switches, breaker(s),feeders to controller, below ground or unexposed hydraulic elevator system, including but not limited
to, jack cylinder, piston, PVC or other protective material; below ground or unexposed piping, alignment of elevator guide
rails, smoke and fire sensors, fire service reports, all communication and entertainment devices, security systems not
installed by us, batteries for emergency lighting and emergency lowering, air conditioners, heaters, ventilation fans, pit
pumps and all other items as set forth and excluded in this agreement.
Other Conditions.
With the passage of time, equipment technology and designs will change. If any part or component of your equipment
covered under this agreement cannot, in our sole opinion, be safely repaired and is no longer stocked and readily available
from either the original equipment manufacturer or an aftermarket source, that part or component shall be considered
obsolete. You will be responsible for all charges associated with replacing that obsolete part or component as well as all
charges required to ensure that the remainder of the equipment is functionally compatible with that replacement part or
component. In addition,we will not be required to make any changes or recommendations in the existing design or function
of the unit(s) nor will we be obligated to install new attachments or parts upon the equipment as recommended or directed
by insurance companies, governmental agencies or authorities, or any other third party. Moreover,we shall not be obligated
to service, renew, replace and/or repair the.equipment due to any one or more of the following: anyone's abuse, misuse
and/or vandalism of the equipment; anyone's negligence in connection with the use or operation of the equipment; any loss
of power, power fluctuations, power failure, or power surges that in any way affect the operation of the equipment; fire,
smoke, explosions,water, storms,wind, lightening, acts of civil or military authorities, strikes, lockouts,other labor disputes,
theft, riot,civil commotion,war, malicious mischief,acts of God, or any other reason or cause beyond our control that affects
the use or operation of the equipment. You expressly agree to release and discharge us and our employees for any and all
claims and/or losses (including personal injury, death and property damage, specifically including damage to the property
which is the subject matter of this agreement) associated therewith or caused thereby. ThyssenKrupp Elevator shall also
automatically receive an extension of time commensurate with any delay in performance caused by or related to the
aforementioned and you expressly agree to release and discharge ThyssenKrupp Elevator from any and all claims for
consequential, special or indirect damages arising out of the performance of this agreement. In no event shall
ThyssenKrupp Elevator's liability for damages arising out of this agreement exceed the remaining unpaid installments of the
current, unexpired term of this agreement.
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Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKrupp Elevator
assumes no responsibility for the day-to-say 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 completed and the equipment
passed. Should the respective system fail any of those tests, it shall be your sole responsibility to make necessary repairs
and place the equipment in a condition that we deem acceptable for further coverage under the terms of this agreement.
We shall not be liable for any damage to the building structure or the elevator resulting from the performance of any safety
tests we perform at any time under this agreement. If during the initial firefighter's service test, that feature is found to be
inoperable,you shall be responsible for all costs associated with necessary repair(s)to bring the elevator(s)into compliance
with the applicable elevator codes in your local jurisdiction.
In the event an Attorney is retained to enforce, construe or defend any of the terms and conditions of this agreement or to
collect arty monies due hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs
and reasonable attorney's fees.
You agree that this agreement shall be construed and enforced in accordance with the laws of the state where the equipment
is located. You consent to jurisdiction of the courts, both state and Federal, of the state in which the equipment is located as
to all matters and disputes arising out of this agreement.
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.
Price.
The price for the services as stated in this agreement shall be Three Thousand Nine Hundred Forty-One Dollars and Thirty
Six Cents ($3,941.36.00) per month, excluding taxes, payable Quarterly in advance.
Terre
This agreement is effective for Sixty(60) month(s)starting upon acceptance.To ensure continuous service, this agreement
will be renewed for successive Twelve (12) month periods, unless either party timely serves written notice upon the other
party of its intention to cancel at least ninety (90)days in advance.
Financial obligations of the City of Aspen (Purchaser) payable after the current fiscal year are contingent upon funds for
that purpose being appropriated, budgeted and otherwise made available.
The Purchaser reserves the right to terminate the agreement with ninety (90) days written notice without specifying the
reason therefor. Notice shall be sent by certified mail, return receipt requested to the address set forth on page 1 of this
agreement.
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Annual Price.Adiustments
Since our costs to provide you with the service set forth in this agreement may increase, we reserve the right to adjust the
price of our service under this agreement accordingly.,In the event this occurs, we will adjust your monthly price based on
the percentage change in the average rate paid to elevator examiners. This rate paid to elevator examiners 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. We also reserve the right to make additional adjustment to the price of our service under this
agreement and/or enact surcharges as needed to account for increased fuel prices when such increases exceed the
Consumer Price Index(CPI)current rate.We also reserve the exclusive right to make additional adjustment to the price
of our service under this agreement in the event that the equipment covered by this agreement is modified from its
present state Thirty(30) notire will he given to the Purchaser before any rate increases or surcharges go into effect.
EarlyPayment Discount:
You may elect to payin advance for twelve(12)months of service described in this agreement. Such a pre-payment entitles
you to a 3% discount from the annual price in effect at the time of payment.
Overdue Invoices '
A service charge of 1'/2% per month, or the highest legal rate, whichever is more, shall apply to all overdue accounts you
have with ThyssenKrupp Elevator that are in any way related to your equipment described in this agreement. If you do not
pay any sum due to ThyssenKrupp Elevator related to your equipment described in this agreement, within sixty(60) days
from the billing date, we may also choose to do one or more of the following: 1) suspend all service until all amounts due
have been paid in full, and/or 2) declare all sums due to date due immediately and terminate our obligations under this
agreement. If TfiyssenKrupp Elevator elects to suspend service, we shall not be responsible for personal injury, death,
damage to property(including damage to the equipment that is the subject matter of this agreement)or losses of any other
type or kind that is in any way related the ThyssenKrupp Elevator's suspension of service. Upon resumption of service, you
will,be responsible for payment to ThyssenKrupp Elevator for all costs we incur that result from our suspension of service
and to remedy any damage caused to your equipment during that time.
Pre-Existina.Conditionwand/or Noor Limited Pre-Maintenaricednsoection
ThyssenKrupp Elevator submits this agreement with the understanding that all existing equipment has been the subject of
an appropriate maintenance program. During the first ninety (90) days of this agreement, ThyssenKrupp Elevator, at its
sole option, will thoroughly inspect the equipment and may submit a comprehensive evaluation of findings to Purchaser.
Should that evaluation reveal items that ThyssenKrupp Elevator determines, in its sole opinion, require repair and/or
replacement, we will provide yob with a written proposal for that work at additional cost to you. Should you fail to accept
our proposal, we shall have the exclusive right to either immediately terminate this agreement or exclude the affected
.component from this agreement upon written notice to you: Should unsafe or hazardous conditions exist, we retain the
exclusive right to terminate this agreement immediately upon written notice to you.
Elevator Maintenance Agreement
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Platinum Service, Agreement
Submission of Proposed Agreement when Original Agreement in Full Force and Effect
In the event that Purchaser and ThyssenKrupp Elevator are parties to an existing elevator maintenance agreement at the
time this proposed agreement is submitted for consideration, the existing agreement will remain in full force and effect until
such time as this proposed agreement is accepted and fully executed in writing by both parties. Upon full acceptance by
both parties,this proposed agreement shall supersede all prior agreements.
Special Considerations
The following elevators in this agreement will be covered under the Bronze Service Agreement:
Justice Snows- 1011 WLSH50220
Aspen Animal Shelter-ET9738
Aspen Golf Club-303OWLSH
Bronze Agreement includes (2) two service visits annually for oil and lubrication and to ensure proper operation. It also
includes annual safety testing. All callbacks or breakdowns are billable at our normal rate and all labor and material for
repairs is billable at our normal rates.
Elevator Maintenance Agreement
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Platinum Service 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, even in the event of a conflict. This
proposal is hereby accepted in its entirety and shall constitute the entire agreement as contemplated by you and us. This
proposal is submitted for acceptance within one-hundred twenty(120)days from the Date Submitted by the ThyssenKrupp
Elevator representative indicated below.
No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior
written approval of an authorized ThyssenKrupp Elevator manager and the City of Aspen.
ThyssenKrupp Elevator City of Aspen: ThyssenKrupp Elevator.C r i n
Corporation: Appr
By - By: -- ,�� . By:
(Si _ ure of Th sehK pp (Signature of (Signature of -
ator Representa e) c Authorized Individual) Authorized Individual)
7a. Rocco Cancelli
John Canty (Print or Type Name) Branch Manager
Account Manager
john.canty@thyssenkrupp.com l
C's M ��
(Print or Type Title)
0173
(Date Submitted) (Date of Approval) fD6ti: f Approval)
Elevalor Maintenance Agreement
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