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Home My WebLink About10- Gallatin Valley Elevator Maintenance Agreement4.j L lly owne Tett Lac and operated 486 Dan Rd. Manhattan, MT. 59741 Phone (406)539-3886 Fax (406)282-6065 0 G (Quarterly) BASE MAINTENANCE AGREEMENT Gallatin Valley Elevator L.L.C. herein referred to as GVE, will maintain the elevator equipment herein described using technicians under our supervision. GVE will employ all reasonable care to see that the elevator equipment is maintained in proper operating condition. GVE, on a quarterly basis, will examine, maintain, adjust, lubricate as required, and if conditions warrant, unless specifically excluded elsewhere in this agreement, recommend repair or replacement of components. All parts will be in addition to this contract. GVE will provide all labor for replacement of parts at the applicable billing rate. GVE will periodically clean elevator hatch equipment, including door hangers, tracks, hoistway switches, car top, buffers and pit. GVE assumes no responsibility for the following items of elevator equipment, which are not included in the agreement: Refinishing, repairing or replacement of car enclosure, fan, gates, and/or door panels, door pull straps, hoistway enclosure, rail alignment, hoistway doors, door frames, sills, hoistway gates, finished flooring, power feeders, switches, their wiring and fusing, car lights and diffusers, smoke or heat sensors, buried or concealed hydraulic piping, and communication devices. This agreement covers all work performed during the regular working hours of regular working days of the elevator trade, unless otherwise indicated herein. Included in this agreement are: x 4 Regular time callback services. (One per Quarter) Overtime call back services. x Annual safety test. x 24 Hour phone monitoring. All work outside the scope of this agreement including after hour callbacks, repairs, etc. is to be performed by Gallatin Valley Elevator L.L.C. at the applicable billing rate. Non-emergency callbacks will be responded to within four hours. Emergency callbacks, i.e. entrapments will be responded to within one-half hour during regular working hours and within one hour outside of regular working hours. 1 GVE will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems, extreme variations in the machine room temperature or tampering with the elevator equipment by unauthorized personnel. GVE shall not be required to make other safety tests, or to install new attachments whether or not recommended or directed by insurance companies, or by federal, state, nmunicipo|. AN8|, or other governmental or non-governmental authorities. GVE shall not be required to make repairs necessitated by negligence, misuse or obsolescence of the equipment or any other cause beyond its control except ordinary wear and tear. Nothing in this agreement shall be construed to mean that GVE assurnes any iiabHity for damages or otherwise on account of accidents to persons or pnJparty, included but not ijrnited to accidents arising or resulting from the overloading and/or misloading of any elevator or other device covered by this agreement, beyond its rated capacity. You shall be solely responsible for supervising the use of the equipment and you shall provide whatever attendant personnel, warning signs and other controls and cautions that may be required or desirable to insure safe operation. You shall be at all time solely liable for the operation of the equipment. You shall indernnify, protect and save harmless Gallatin Valley Elevator L.L.C. from and against liabilities, losses, and claims of any kind or nature imposed on, incurred by, or asserted against Gallatin Valley E|evmtmrL.L.C. arising out of the concurrent, active, or passive negligence of Gallatin Valley Elevator L.L.C. in any way connected with the services provided under this agreement or the use of operation of the equipment. You hereby waive any and all rights of recovery, arising as a matter of the law or otherwise, which you might now or hereafter have against Gallatin Valley Elevator L.L.C. Your duty to indemnify does not apply to the extent that the property damage, Ioss, personal injury jury or death is determined to be the result of, or caused by negligence by or on the part af GVE or its empioyees. Neither Gallatin Valley Elevator L.L.C. nor it's affiliates shall be liable for any |mes, daOm@Qe, or delay caused by accidents, strikes, lockouts, rnateha|, shortages, or by any other cause which is beyond its reasonable control, or in any event, for incidental or consequential damages. Gallatin Valley BeVato[LLC. shall not be liable for any work, service or material other than that specifically mentioned herein. Tract With: Cmntnact# 1-BCH Date Submitted: May 25, 2010 Date Effective: May 25, 2010 Type: Hydraulic Passenger Elevator x 1 Location: Bozeman City Hall Bozeman, MT. Gallatin Valley Elevator L.L.C., in consideration of $500.00 /00/100\ annma|&/, payable in semi annual amounts of $350.00 in adVaOce, hereby agrees to furnish services herein described on the above equipment. This price shall be reviewed annually and adjusted according to current labor rates of elevator mechanics and material cost. The price shall become effective on the anniversary date of the contract. You shall pay, in addition to the pdma, any tax imposed upon you by any existing or future law and the amount of tax imposed upon ua, our suppliers or you under any statute, court decision, rule or regulation becoming effective after the date of this agreement which is based upon incident to the transfer, use, ownership, or possession of the materials or equipment involved in the performance hereof, or the services rendered, hereunder. A delinquent payment charge calculated at the rate of 1 Y2% per month, or if such rate is usurious then at the maximum rate applicable by law, shall be applied to the delinquent payments. In the event of default of the payment provisions herein, you agree to pay, in addition to any defaulted amount, all attorney fees, collection cost or court cost therewith. You shall at all times and at your own cost, maintain a commercial bodily injury and property damage liability insurance policy with the limits of liability you customarily carry, for the life of this contract covering bodily injury and property damage caused by the services provided under the agreement and/or the ownership, maintenance, use or operation of the equipment described herein. The service specified herein will be furnished from the effective date stated above, and shall continue for a period of three years. Either party may terminate this agreement either at the end of the first three years or any subsequent three years by giving the other party ninety (90) days written notice prior to the anniversary date of the agreement. Should the customer terminate the agreement prior to the expiration, all-future charges for the unexpected portion of the agreement become due and payable as liquidated damages. In the event of the sale, lease, or other transfer of the ownership of the equipment described herein, or the premises in which it is located, customer agrees to see that such purchaser is made aware of this agreement and assumes and agrees to be bound by the terms hereof for the balance of the agreement. Gallatin Valley Elevator L.L.C, may at its sole discretion, terminate the above agreement with any such successor at any time upon thirty (30) days advance notice in writing, This agreement and acceptance thereof shall constitute, exclusively and entirely, the agreement for the service described and all prior representations of agreements relating thereto, whether written or verbal, shall be deemed to be merged herein, In the event that the purchaser's acceptance is in the form of a purchase order or other kind of document, the provisions, terms and conditions of this agreement shall govern in the event of a conflict. ACCEPTANCE: The foregoing agreement is hereby signed and accepted. Respectfully Submitted, Wes Sartain President Gallatin Valley Elevator L.L.C. 486 Dan Road Manhattan, Montana 59741 wes@gvelevator.com The Contractor, Gallatin Valley Elevator, agrees not to discriminate in the fulfillment of this Agreement for elevator service in Bridger Park Downtown on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity, or disability. The Contractor, Gallatin Valley Elevator, agrees this requirement shall apply to the hiring and treatment of the Contractor's employees and to all subcontracts. CUSTOMER Accepted By.( Date: 5 Phone: Owner or Agent for: Name: Cl/yr Title: Ct GVE Representative: Date: 4 SCHEDULING Contact: j aqa4 Phone: