HomeMy Public PortalAbout2003 Preventive Maintenance Agreement.pdfSchindler Elevator Corporation 13800 Northwest 2nd Street, Suite 140
Sunrise, FL 33325-6232
Telephone: (9541626-5555
Fax: (9541626-5599
Internet: http://www.us.schindler.com
SCHINDLER ELEVATOR CORPORATION
13800 NW 2nd Street
Suite 140
Sunrise, FL 33325-6232
Phone: 954-626-5571
Fax: 954-626-5599
PREVENTIVE MAINTENANCE AGREEMENT
Date: 10/09/2003 Estimate Number: HWEH-5JVP4V (2003.4)
To:
560 Crandon Blvd
Key Biscayne, FL 33149
Attn: Armando Nunez
EQUIPMENT DESCRIPTION
2 Schindler Hydro
Building:
Fire Rescue Facility
560 Crandon Blvd
Key Biscayne, FL 33149
SCHINDLER ELEVATOR CORPORATION ("Schindler", "we", "us"), 13800 NW 2nd Street, Suite 140,
Sunrise, FL 33325-6232, and , 560 Crandon Blvd, Key Biscayne, FL 33149 ("you") agree as follows:
TERM
This Agreement commences on September 27, 2003, and continues until September 26, 2008, and shall
renew (where permitted by applicable local law) for subsequent similar periods, unless terminated by either
party upon written notice received by the other party at least 90 days prior to the above termination date or any
renewal termination date.
PRICE
In consideration of the Services provided hereunder, you agree to pay us the sum of $308.00 per month,
payable in quarterly installments of $924.00, exclusive of applicable taxes, subject to payment terms and Price
Adjustment set forth below. You agree to pay, as an addition to the price herein, the amount of any current or
future sales, use, excise or other tax applicable to the Services provided hereunder.
PRICE ADJUSTMENT
The contract Price will be adjusted annually, as of the date of the local labor rate adjustment, and will be
increased or decreased to reflect increases or decreases in the labor and
Schindler 0
ISO
9001:2000
CERTIFIED
Schindler Elevator Corporation
13800 Northwest 2nd Street, Suite 140
Sunrise, FL 33325-6232
Telephone: (954) 626-5555
(1) $277.20 of the original per month contract PriceFwill be irftriMig6d5tAtlecreased on the basis of
changes to the local straight time hourly billing rate for mechanics; and
nternet: nttp://www.us.schindler.com
(2) $30.80 of the original per month contract Price will be increased or decreased by the percent
increase or decrease in the "Producer Commodity Prices for Metals and Metal
the U.S. Department of Labor (based upon index in effect as of initial start date)
If there is a delay in determining a new labor rate, or an interim determination of a new labor ra e, we wi no(
you and adjust the price at the time of such determination, and we will retroactively bill or issue credit, a
appropriate, for the period of such delay.
HOURS OF SERVICE
We will perform the Services during our regular working hours of regular working days. The Services include
callbacks for emergency minor adjustment callbacks during regular working hours. If you authorize callbacks
outside regular working hours, you will pay us at our standard billing rates, plus materials not covered by
contract, expenses and travel. All other work outside the Services will be billed at our standard billing rates. A
request for service will be considered an "emergency minor adjustment callback" if it is to correct a malfunction
or adjust the equipment and requires immediate attention and is not caused by misuse, abuse or other factors
beyond our control. The term does not include any correction or adjustment that requires more than one
technician or more than two hours to complete.
PREVENTIVE MAINTENANCE COVERAGE
Our PREVENTIVE MAINTENANCE PROGRAM, as described in this agreement will be performed in
accordance with a maintenance schedule specific to your equipment. Unless otherwise agreed, our coverage
includes the maintenance of existing equipment and existing performance conditions. A Schindler technician
will be assigned to you, and back up technicians are available to give you prompt service as required at all
times. A Schindler account representative will be assigned to you, and will be your primary contact for
communications regarding your agreement.
Also available to you is our extensive technical support and parts inventory, at the site as needed, and local
warehouses and our national SERVICE DISTRIBUTION CENTER available for express delivery in
emergencies.
Service dispatching will take place through our SCHINDLER CUSTOMER SERVICE NETWORK (SCSN),
which is staffed by qualified Schindler personnel, 24 /7. You will be provided with a customer identification
number, which must be referenced when a call is placed for your facility. Our dispatchers will have access to
your building's service call records, and will promptly relay the details of your call to the assigned technician.
You will also have access to SCHINDLER SCORECARD, through Schindler's website, which gives you
instant access to the performance history of your equipment covered by this Agreement.
WE WILL periodically examine, lubricate, adjust, and as needed, repair or replace the Covered Components
listed below.
WE WILL remotely monitor (if applicable) those functions of the Equipment described above which are remote
monitoring capable. Our Remote Monitoring System ("SRM") will automatically notify us if any monitored
component or function is operating outside established parameters. WE WILL then communicate with you to
schedule appropriate service calls. Monitoring will be performed on a 24 hour, 7 day basis and will
communicate toll free with our CUSTOMER SERVICE NETWORK using dedicated elevator telephone service.
The operation and monitoring of SRM is contingent upon availability and maintenance of dedicated elevator
telephone service. You have the responsibility to install, maintain and pay for such telephone service, and to
notify us at any time of any interruption of such telephone service.
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I S 0
9001:2000
CERTIFIED
Schindler Elevator Corporation 13800 Northwest 2nd Street, Suite 140
Sunrise, FL 33325-6232
Telephone: (954) 626-5555
WE WILL perform safety tests as indicated for the equipment rcavered thi gt nent:
• For hydraulic elevators covered by this agreement, we wili'aAritiVOg"ss`{irOgkefi v4ative test as required
by A.S.M.E. A-17.1 Code or local Code as of the initial start date of this agreement; 5 year full load tests
as required for roped hydraulic elevators;
• For traction elevators covered by this agreement, we will perform an annual no load, low speed test of car
and counterweight safeties; test buffers as required by A.S.M.E. A-17.1Code or local code in effect as of
the initial start date of this agreement;
• For escalators covered by this agreement, we will perform tests of all operating and safety devices as
required by A.S.M.E. A-17.1or local code in effect as of the initial start date of this agreement.
• Our testing responsibilities do not include: fees or charges imposed by local authorities in conjunction with
inspecting, licensing or testing the equipment; monthly local code testing requirements for firefighters'
service which remain your responsibility to perform and keep records of such tests; step index tests; any
other testing requirements imposed or enacted after the initial start date of this agreement.
• These tests will be performed in accordance with local code requirements in effect at the time of this
Agreement. Since these tests expose the equipment to strains well in excess of those experienced during
normal operation, Schindler will not be responsible for any damage to the equipment of property, or injury
or death to persons, resulting from, or arising out of the performance of these tests.
You will provide the proper wiring diagrams for the equipment covered. These diagrams will remain your
property, and will be maintained by Schindler for use in troubleshooting and servicing the equipment.
HYDRAULIC ELEVATORS - COVERED COMPONENTS
PUMPS; VALVES; MOTORS; CONTROLLER COMPONENTS AND PARTS, INCLUDING BEARINGS,
WINDINGS AND COILS; ROTATING ELEMENTS; CONTACTS AND RELAYS; RESISTORS AND
CONTRACTORS; PACKING; DRIVE BELTS; STRAINERS AND MUFFLERS; SOLID STATE DEVICES;
EXPOSED PIPING IN THE MACHINE ROOM AND HOISTWAY; accessory equipment such as functional
components of car and corridor operating stations; hangers and tracks; door operating devices; door gibs; car
fan; guide rails (lubricate only, as needed); guide shoes; gibs and rollers; control cables; signal lamps (where
appropriate based upon union jurisdiction and during scheduled examinations); interlocks; door closers;
buffers; limit, landing and slowdown switches; door protective devices; elevator alarm bells.
We assume no responsibility for the following items: hoistway door hinges, panels, frames, gates and sills;
cabs and cab flooring; cab doors, gates and removable cab panels; cab mirrors and handrails; power switches,
fuses and feeders to controllers; light fixtures and lamps; cover plates for signal fixtures and operating stations;
card readers or other access control devices; smoke/fire alarms and detectors; pit pumps and alarms; cleaning
of cab interiors and exposed sills; plungers, casings and cylinders; all piping and connections except that
portion which is exposed in the machine room and hoistway; emergency power generators; telephone service;
disposal of used oil; intercom or music systems; ventilators, air conditioners or heaters; media displays; and
fireman's phones.
Schindler n
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I S 0
9001:2000
CERTIFIED
Schindler Elevator Corporation 13800 Northwest 2nd Street, Suite 140
Sunrise, FL 33325-6232
Telephone: (954) 626-5555
The attached terms and conditions are incorporated herein by refereftt.626-5599
Acceptance by you as owner's agent or authorized represent ARL'gtif*VoVgby our authorized
representative will be required to validate this agreement.
Propos d• Accepted:
By: Harry Weech
For: Schindler Elevator Corporation
Title:
Date: 10/9/2003
Approved:
By A s 1h uk i\ d'0 +'HIV ti n e
Title: 0 is QC -AV
Date:
By:
For:
Title:
Date:
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Schindler n
ISO
119001:20001
CERTIFIED
Terms and Conditions:
1. This is the entire Agreement between us, and no other terms or conditions shall apply. No services or
work other than specifically set forth herein are included or intended by this Agreement.
2. You retain your responsibilities as Owner and/or Manager of the premises and of the Equipment. You
will provide us with clear and safe access to the Equipment and a safe workplace for our employees, in
compliance with all applicable regulations related thereto, you will inspect and observe the condition of the
Equipment and workplace and you will promptly report potentially hazardous conditions and malfunctions, and
you will call for service as required; you will promptly authorize needed repairs or replacements outside the
scope of this Agreement, and observe all testing and reporting responsibilities based upon local codes. You
will not permit others to work on the Equipment during the term of this Agreement. You agreed to post and
maintain necessary instructions and / or warnings relating to the equipment.
3. We will not be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of
the annual price of this Agreement. We will not be liable in any event for special, indirect or consequential
damages, which include but are not limited to loss of rents, revenues, profit, good will, or use of Equipment or
property, or business interruption.
4. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or
disputes, strikes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, storms, riot, civil
commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of material from
usual sources, government priorities or requests or demands of the National Defense Program, civil or military
authority, war, insurrection, failure to act on the part of either party's suppliers or subcontractors, orders or
instructions of any federal, state, or municipal government or any department or agency thereof, acts of God,
or by any other cause beyond the reasonable control of either party. Dates for the performance or completion
of the work shall be extended by such delay of time as may be reasonably necessary to compensate for the
delay.
5. You will assign this Agreement to your successor in interest, should your interest in the premises
cease prior to the initial or any renewal termination date. If this Agreement is terminated prematurely for any
reason, other than our default, including failure to assign to a successor in interest as required above, you will
pay as liquidated damages (but not penalty) one/half the remaining amount due under this Agreement.
6. The Equipment consists of mechanical and electrical devices subject to wear and tear, deterioration,
obsolescence and possible malfunction as a result of causes beyond our control. The services do not
guarantee against failure or malfunction, but are intended to reduce wear and prolong useful life of the
Equipment. We are not required to perform tests other than those specified previously, to install new devices
on the equipment which may be recommended or directed by insurance companies, federal, state, municipal
or other authorities, to make changes or modifications in design, or to make any replacements with parts of a
different design. We are responsible to perform such work as is required due to ordinary wear and tear. We
are not responsible for any work required due to obsolescence; accident; abuse; misuse; vandalism; adverse
machine room conditions (including temperature variations below 60 degrees and above 90 degrees
Fahrenheit) or excessive humidity; adverse premises or environmental conditions, power fluctuations, or any
other cause beyond our control. We will not be responsible for correction of outstanding violations or test
requirements cited by appropriate authorities prior to the effective date of this agreement.
7. Invoices (including invoices for extra work outside the fixed price) will be paid upon presentation, on or
before the last day of the month prior to the billing period. Late or non -payments will result in:
(a) Interest on past due amounts at 1%% per month or the highest legal rate available;
(b) Termination of the Agreement on ten (10) days prior written notice; and
(c) Attorneys' fees, cost of collection and all other appropriate remedies for breach of contract.
8. If either party to this Agreement claims default by the other, written notice of at least 10 days shall be
provided, specifically describing the default. If cure of the default is not commenced within the ten-day
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notification period, this Agreement may be terminated. In the event of litigation, the prevailing party will be
entitled to its attorneys' fees and costs.
9. Any proprietary material, information, data or devices contained in the Equipment, or any component
or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals,
software (which is subject to a limited license for use in this building/premises/ equipment only), modems,
source/ access/ object codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable)
which we will deactivate and remove if the Agreement is terminated.
10. You will prevent access to the Equipment, including the SRM feature and/or dedicated telephone line
if applicable, by anyone other than us. We will not be responsible for any claims, losses, demands, lawsuits,
judgment, verdicts, awards or settlements ("claims") arising from the use or misuse of SRM, if it or any portion
of it has been modified, tampered with, misused or abused. We will not be responsible for use, misuse, or
misinterpretation of the reports, calls, signals, alarms or other such SRM output, nor for claims arising from
acts or omissions of others in connection with SRM or from interruptions of telephone service to SRM
regardless of cause. You agree that you will defend, indemnify and hold us harmless from and against any
such claims, and from any and all claims arising out of or in connection with this Agreement, and/or the
Equipment, unless caused directly and solely by our established fault.
11. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions
of this Agreement will take precedence over those of the purchase order.
12. Schindler Elevator Corporation is insured at all locations where it undertakes business for the type of
insurance and limits of liability as follows:
(a) Workers' Compensation and Employer's Liability - Equal to or in excess of limits of Workers'
Compensation laws in all states and the District of Columbia.
(b) Comprehensive Liability — Up to Two Million Dollars ($2,000,000.00) single limit per occurrence.
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