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Home My WebLink AboutA6319 - KONE INCFY 2021 PURCHASE ORDER REQUEST / SERVICE AGREEMENT Company: Product or service: KONE INC ESCALATOR SERVICE Primary purpose /Description of services: Period (renewal dates): Annual Maintenance Agreement Contract Agreement N40121625 A6319 01 /01 /2021 - 12/31 /2021 Insurance required: Yes: XXX Price/Dollar amount: $ 21,738.48 Account number: 415-6200-43200 Supporting documents attached: No: Off Site Yes: XX No: APPROVED BY: cn/Har Barra DATE: 4/12/2021 April 8, 2021 Palm Springs International Airport 3400 E. Tahquitz Canyon Way Palm Springs Ca. 92262 ATTENTION: Mr. Harry Barrett Jr. REFERENCE: Vertical Transportation Maintenance Agreement Rider Palm Springs International Airport N40121625 EFFECTIVE: January 1, 2021 Elevators Escalators KONE Inc. 11165 Knott Ave. Sulte A&B Warland Business Park Cypress, California 90630 Tel (714) 713-1305 Fax (714) 893-1848 www.kone.com jay.hubatch@kone.com OBJECT: KONE will extend the current maintenance agreement for an additional 1 year terms from the above effective date and will reference the scope, terms and conditions as stated in the master contract agreement N40121625 concerning Escalator up & Escalator down with equipment numbers 20034399 and 20034404. Palm Springs International Airport herby agrees to this rider and master agreement. PRICE: Contract Price $1,811.54 per Month APPROVED AS TO FORM CI 1y ATT R Y APPRM BY CRY MANAGER ACCEPTANCE Respectfully, KONE Inc. A ST: u Clerk Jay Hubatch Sr. Sales Consultant ACCEPTED Palm Springs International Airport KONE Inc. BY: BY: DATE FOZ DATE: 12 15EVA4tLtez • FIX DtlEGTofZ 1--., W,PAeTmWfOF AV WwA iuyapeeu online http://www l .pahnsprings-ca.gov/bso/share/report.sdo?poNbt=20-... Purchase Order PO Printed Date: 01/13/2020 CITY OF PALM SPRINGS r : Procurement & Contracting Division @ , I 3200 East Tahquitz Canyon Way 1_ -- -_/ Palm Springs, CA 92262 (N US V 11037 E KONE, Inc. N Javier Villanueva U 1526 THird Street, Suite D Riverside, CA 92507 O US R Email: carolyn.rodriguez@kone.com i Phone: (951)682-6305 Id: 1165 00001079 Po Date: 01/13/2020 Purchase Order Number Buyer: Leigh Gileno 20-0952 : 0 Phone #: (760)322-8374 FOB: F.O.B., Destination ALL PACKING SLIPS, Terms: Net 30 INVOICES AND CORRESPONDENCE MUST REFERENCE THIS NUMBER. S B H 62000 -AVIATION DEPARTMENT 1 Accounts Payable AVTN - Mark Jucht L 3400 E. Tahquitz Canyon Way P 3400 E. Tahquitz Canyon Way L Suite OFC Suite OFC Palm Springs, CA 92262 T Palm Springs, CA 92262 T US O s US 10 Department Bid Number Requisition Number Delivery Date Item BidClass -Item Item # eq - Item # Unit PricePa TotalQuantity 1 295 - 35 ) FY1920 (01/01/2020 - 12/31/2020) Annual Escalator Service Agreement Master Contract Agreement N40121625 2000-20-13306- 1 1.0 YR -Year $21,048.00 21,048.0 T44 ORDER ISFOR---- 2 PURPOSES ONLY AND DOES NOT CONSTITUTE NOTICE TO PROCEED. SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH AGREEMENT NO. 6319. APPROVED BY CITY MANAGER ON 12/16/19. FY Account Code Dollar Amount 20 415-620043200 i $21,048.00 Subtotal 21,048.0 Tax o.o Frei h 0.0 Discount 0.0 Tota 21,048.0 Authorized City Signature 3 1 1/13/2020, 11:46 AM 13uySpeed Unlme http://www 1.palmsprings-ca.gov/bso/share/report.sdo?poNbt=20-... PURCHASE ORDER TERMS AND CONDITIONS 1. Please submit invoices in duplicate. 2. Please submit separate invoices for each order. 3. Show PO# on each carton label. 4. Notify at once if order cannot be filled. 5. The City is not exempt from California sales tax. 6. The City is exempt from Federal excise tax. 1. Acceptance: City reserves the right to refuse any goods and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions. Acceptance of any part of the order shall not bind City to accept future shipments, nor deprive it of the right to return goods already accepted. 2. Late Deliveries: If delivery of the goods cannot be made as specified or sooner and at the price shown, notify the City Purchasing Manager immediately. Correspondence, other than invoices, relating to this Order must be sent to the Purchasing Manager. The City reserves the right to cancel order if delivery is not made by the time specified. 3. Risk of Loss: Delivery shall not be deemed to be complete until the goods have been actually received and accepted by the City. 4. Defects: By accepting this order, Seller acknowledges that the goods covered by this order are satisfactory for the purposes intended by City. 5. Prices: Unless otherwise provided, goods shall be furnished at the prices indicated on this order only. Invoices will be honored for purchase order prices only. Price on the order includes delivery to the Department within building unless otherwise specked on the order. 6. Patent Infringement: Seller agrees to indemnify City and hold it harmless from and against all liability, loss, damage, and expense, including reasonable counsel fees resulting from any actual or claimed trademark patent or copyright infringement, or any litigation based therpon with respect to any part of the goods coverer' by the order, and such obligation shall suwive acceptance of the good6 and payment therefore by the City. 7. Packing: All goods, wrappers and containers must bear markings and labels required by applicable federal, state, and municipal laws and regulations for the protection and safety of persons and property and Seller warrants that prices include all charges to packing, crating, and transportation to f.o.b. point. 8. Nonassignment: This order must not be assigned or transferred to anyone without the written approval of the Purchasing Manager. 9. Labor Disputes: Whenever any actual or potential labor dispute delays or threatens to delay the timely performance of the order, Seller shall immediately'give notice thereof to City. 10. HAZARDOUS MATERIAL: SELLER SHALL PROVIDE MATERIAL SAFETY DATA SHEETS FOR EACH PRODUCT CONTAINING . HAZARDOUS SUBSTANCES AS LISTED BY CALIF. DIR. IND. REL. IN CALIF. ADM. CODE, TITLE 8, SEC 5194 AND LABOR COSTS. Seller agrees to furnish Material Safety Data Sheet (Form OSHA-20) as applicable for hazardous or potentially hazardous products. 11. Discounts: Discount period will be computed from date of receipt of invoice, or goods or services whichever is the later date. 12. Hold Harmless: Seller agrees to indemnify, defend and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Sellers employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the negligent acts of Seller, its agents or employees, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. 13. In the event of any conflict between the provisions of this Purchase Order Terms and Conditions and the terms of any proposal or related documents submitted by a vendor or a consultant, including without limitation a scope of work or alternate contract terms and conditions, the provisions of this Purchase Order Terms and Conditions shall control. 2 of 3 1/13/2020, 11:46 AM Caren Nelson From: Craig Gladders Sent: Thursday, December 20, 2018 4:18 PM To: Steve Bowser Cc: Caren Nelson Subject: RE: Kone Service Agreement Steve, You may proceed with submitting a Requisition in BuySpeed for another year of service as approved by the City Council on 2/6/13, Agreement #6319. Note on the PO that pursuant to the terms of the asuccess areementtheaareementwasfor3yearsandautomaticallyrenewsforive one-year terms thereafter at the mutual consent of the arties. Given proprietary, the service maintenance is a sote-source. Thanks, Craig L. Gladders, C.P.M. Procurement & Contracting Manager CALIFORNIA Like no place else." phone: 760-322-8368, fax: 760-323-8238, TDD: 760-864-9527 email: craig piadders(oyaimsprinnsca.gov City website is www.paimspringsca.gov City Hall open is Monday thru Thursday and closed on Friday. From: Steve Bowser<Steve.Bowser@paImspringsca.gov> Sent: Wednesday, December 19, 2018 2:22 PM To: Craig Gladders <Craig Gladders(@ pal mspringsca.Bov_> Cc: Caren Nelson <Caren Nelson(@ palmspringsca.gov> Subject: Kone Service Agreement Craig, KONE escalators at PSP are We are at the end of the third extension for the Kone Service Agreement. We are currently on a year to year. During the time of the Escalators replacement, Kone maintained PM services for the both Up and Down units. These new escalators are unique and were exclusively fabricated for the PS Airport by Kone. Maintaining these units require specialty knowledge of the installation and engineering design which both are exclusive to Kone. Below are key dates of 1) the service agreement and 2) the new unit installation and warranty timelines. Copies of both are attached. We already discussed this and wish to go into a multiple year arrangement however do we need to enter in to another year extension to achieve this at this point? FY 19/20 PURCHASE ORDER REQUEST Company Name: Kone Product or Service:Escalator Service Primary Purpose: To replace worn down escalator handrail and track. Period (Renewal): NA Insurance Required: Yes X_ No _ Price/Dollar amount: $20,323.18 Account number: 415 6200 43010 Approved By: Date: KONE Care TM PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL 12/10/2019 IIPALMSPRINGSINT'L AIRPORT 3400 E.TAHQUITZ CANYON WAY PALM SPRINGS CA. 92262 USA Attn: MR.SAL MISQUEZ Re: ESCALATOR DOWN Dear MR.SAL MISQUEZ, The safety, performance and reliability of your vertical transportation equipment are important to us. We understand the value of the equipment to your building and know that the following n areas are important to you: Passenger and employee safety Code compliance Performance and reliability T`" Accessibility Aesthetics Eco-efficiency Therefore,based on our detailed equipment evaluation,we thank you for the opportunity to submit the following proposal to you which will help Improve your equipment in one or more of the above areas.Our trained service technicians will follow proven performance procedures to perform the recommended work in a safe,professional manner designed specifically for each piece of equipment. Upon your approval, please sign and return the following proposal to our local Branch Office for processing. Should you have any questions regarding this agreement,or if we can be of any further assistance, please contact me at(714)713-1305. Sincerely, Jay Hubatch Sales Consultant KONE Inc. REV 06116 Page 1 of 4 KONE Care" PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL 12/10/2019 KONE Inc. PALM SPRINGS INT'L AIRPORT 11165 Knott Avenue, Suite B 3400 E.TAHQUITZ CANYON WAY Cypress, California 90630 PALM SPRINGS CA. 92262 Tel(714)713-1305 USA Fax(714)893-1848 www.kone.com Attn: MR.SAL MISQUEZ ami.roh@kone.cwm Re: ESCALATOR(DOWN) Description of Work KONE will furnish and perform the scope below on escalator (down) 1. Crew team to shut down escalator and put up safety barricades 2. Crew team to remove existing worn handrails and associated hardware for needed repair. 3. Crew team will install two new hand rails, tract and reinstall the associated hardware. 4. This work will consist of each handrail on (escalator down) unit 5. Crew to take down safety barricades, check operation and return escalators back to service 6. No material cost for handrails. Already purchased by customer KONE will dispatch a crew to replace two handrails on the escalator(down)unit REV 06116 Page 2 of 4 KONE Care TM PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL Price Our total price to perform the above-mentioned work amounts to:$20,323.18 plus applicable taxes. Our price includes applicable labor, material and permit fees. This proposal is not binding on KONE until approved by an authorized KONE representative. Pricing Is subject to KONE's attached Terms and Conditions for tendered repairs and, by signing below, Purchaser hereby agrees to these Terms and Conditions. Price is valid for 30 days from the date of this proposal. Down Payment no deposit renuired. customer will issue a PO and or WO for full amount of$20,323.18 JH The above quoted price is based on a zero percent(0%)down payment, due before the order will be processed.No material will be ordered and work shall not commence until applicable down payment is received.The attached invoice will serve as a receipt for the down payment provided. ACCEPTANCE:The foregoing Agreement is hereby Respectfully submitted by, signed and accepted in duplicate on behalf of Palm KONE Inc. Springs Int'I Airport Signature) Hubatch, s Consultant B vbA— Print Name) Approved By Authorized Representative ry ///1 s lJ2 iT- iOGf!' NJ/LT 1yiT Print Tiitt Title Date:/ Z7 Date: 2- EST: Ity Clerk REV 06116 Page 3 of 4 KONE Care"'0000 PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL TERMS AND CONDITIONS This proposal is subject to the following terms and conditions,all of which are hereby agreed to: KONE shall submit Invoices for the value or material delivered andor labor perfomted,less the down payment paid at the time of proposal acceptance.A fine;invoice shall be Issued by KONE upon completion of the work and shall include all balax due.Purchaser agrees to pay the amount of any tax Imposed by any existing law,or by any law enacted after the dale of 06s Agreement.based upon the transfer,use.Ownership or possesson of the equipment involved in the services tendered herelm KONE reserves the right to discontinue our work at anytime until we have assurance,satisfactory to us,that payments will be made as agreed.Final payment shall became due and payable upon completion of the wort described In this Agreement.Failure to pay any sum due to KONE within thirty(30)days of the Invoice vdti be a material breach.A delinquent payment charge calculated at the rate of 1 Y,°%per month.or If such rate is usurious then at the maximum rate under applicable law,shall be appiled to the definquent payments.In the event of default on the payment provisions herein.Purchaser agrees to pay,In addition to any defaulted amount,all attorney fees,collection cost a court costs in cornecdon therewith The machinery,implements and apparatus furnished hereunder remain KONE's personal property and KONE retains We thereto until Mal payment is made,with right to retake possession of the same at the cast of the Purchaser if default Is made In any of the payments,Irrespective of the manner or attachment to the really,the acceptance of notes,or the sale,mortgage or lease of the premises. The stales requiring notice prior to(ding a ben,this notice requirement is hereby complied with KONE shad not be liable for damage or delay caused directly or Indirectly by accidents,embargoes,strikes,lockouts,work Interruption or other labor dispute,fire.theft floods,or any cause beyond KONE's control. Regardless of the type of delay.KONE shall not be liable for any Indirect,comaquemial,or special damages Including but not tirtdted to lines,penalties,loss of profits,goodwill,business or loss of use of equipment or property. Purchaser agrees to provide safe access to the equipment and machine room areas.Should conditions develop beyond KONE's control,making the building or premises in which KONE's personnel are workbtg ur su fe,KONE reserves the right to discontinue work until such unsafe conditions are corrected. Should damage xcur to KONE's material or work on the premises,by fire,theft or otherwise.Purchaser shall compensate us therefore. Any asbestos removal necessitated by work described In this Proposal will be the Purchaser's responsibility.Purchaser shad provide documentation that the asbestos has been abated from the KONE wort area and air clearance reports shag be made available upon request.Purchaser is responsible for all costs of oil disposal should It be delennkxd that oil from Purchaser's equipment Is contaminated. KONE undertakes to perform this work in conformity with the usual applied codes and standards,however,no guarantee can be made that all code vlolations or defects have been found. This work is not intended as a guarantee against failure or malfunction of equipment at any future time. It Is agreed and understood that KONE is not responsible far damages,either to the vertical transportation egVpment or to the building,or for any personal Injury or death, arising from or resulting from any code required safely tests performed an this equipment Nothing In this agreement shall be construed to mean that KONE assumes any Ilabgay of any nature whatsoever arising out of,relating to or in anyway connected with the use a operation of the equipment described above. Purchaser shall be solely responsible for the use,repair and maintenance of the equipment and or taking such steps incUing but not limited to providing attendant personnel,warning signs and other controls necessary to ensure the safety of the user Or safe operation of the equipment. Neither KONE nor Its aRJlates,subsidiaries or divisions shag be responsible or gable for any damages,claims,suits,expenses and payments on account of or resulting from any Injury,death or damage to property arising or resulting from the misuse,abuse or neglect of the equipment herein named or any other device covered by this contract. Purchaser shall at all times and at Prrrehaser s awn cost,maintain a commencre general liability policy covering bodily injury and property damage with the limits of liability Purchasers customarily carry(naming KONE as additional Insured)arising out of the services provided under this Authorization andfor the ownership,maintenance,use or operation of the equipment described harein It Is agreed and understood that Purchaser is solely responsible for ongoing malnonance and care of the equipment described above. IT IS EXPRESSLY UNDERSTOOD, IN CONSIDERATION OF OUR PERFORMANCE OF THIS WORK THAT PURCHASER ASSUMES ALL LIABILITY FOR THE USE,MAINTENANCE OR OPERATION OF THE EQUIPMENT DESCRIBED ABOVE AND FOR ANY INJURY,INCLUDING DEATH,TO ANY PERSON OR PERSONS AND FOR DAMAGE TO PROPERTY OR LOSS OF USE THEREOF,ON ACCOUNT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK TO BE DONE HEREIN,AND AGREES TO THE EXTENT PERMITTED BY LAW TO DEFEND,INDEMNIFY AND HOLD HARMLESS KONE,ITS OFFICERS,DIRECTORS AND EMPLOYEES FROM ALL DAMAGES,CLAIMS, SUITS,EXPENSES AND PAYMENTS ON ACCOUNT OF OR RESULTING FROM ANY SUCH INJURY,DEATH OR DAMAGE TO PROPERTY,EXCEPT THAT RESULTING FROM THE SOLE NEGLIGENCE OF KONE INC. Purchaser hereby waives any and all rights of recovery,adskrg as a matter of law or otherwise,which Purchaser might now of hereafter have against KONE Inc. KONE warrants the materials and workmanship of the equipment for 90 days after completion.Purchaser's remedy is battled to repair or replacement of a defective part in KONE's sale discretion.The vmiranly is Invited to the replacement or repair of the part Itself,and excludes labor.In no event shag KONE be responsible for damage due to normal wear and tear,vandalism.abuse,misuse,neglect work or repaus or modifications by others,or any ether cause beyond the control of KONE.KONE disclaims any other warranty of any kind,either expressed or Implied.Including without limitation the implied warranties of merchantabllity,or fitness far a particular purpose,our no trdringement UNess otherwise agreed,it Is understood that the work shall be performed during regular working hours of regular working days of the elevator trade.If overtime work is mutually agreed upon and performed.the additional price,at KONE's usual rates for such work.shag be added to the contract price herein named. It is expressly understood and agreed all prior agreements written or verbal regarding the subject matter herein are vold and the acceptance of this Agreement shall constitute the contract for the material and work specified in this Agreement.Any changes to this Agreement must be made in writing and signed by bath parties. The terms and conditions set forth herein shag constitute the complete agreement for my work performed,AND shag prevail over and supersede any terms and co"Ifons cantained in any documents provided by the Purchaser. The Purchaser does hereby agree the exclusive venue far any dispute between the parties shall be in the county of Rock Island,IL. REV Oe/16 Page 4 of 4 1211 Elevators Escalators December 16, 2019 KONE Inc. 11 165 Knott Ave. Suite A&B Palm Springs International Airport Warland Business Park 3400 E. Tahquitz Canyon Way Cypress, California 90630 Palm Springs Ca. 92262 Tel(714) 713-1 305 Fax(714)893-1848 www.kone.com ATTENTION: Mr. Steve Bowser jay.hubatch@kone.com REFERENCE: Vertical Transportation Maintenance Agreement Rider Palm Springs International Airport N40121625 EFFECTIVE: January 1, 2020 OBJECT:KONE will extend the current maintenance agreement for an additional 1 year terms from the above effective date and will reference the scope, terms and conditions as stated in the master contract agreement N40121625 concerning Escalator up & Escalator down with equipment numbers 20034399 and 20034404. Palm Springs International Airport herby agrees to this rider and master agreement. PRICE: Contract Price $1,754.00 per Month Respectfully, KONE Inc. Jay Hubatch Sr. Sales Consultant ACCEPTANCE ACCEPTED EST. Palm Springs International Airport KONE Inc. ;itly Clerk BY: BY: 2 C—A V3y C I A%, r' DATE DATE: APPROVED BY MY MATIMR T, (V o 1 A rJ ! lAr r(or r.c.kar` 1 SIB Z/,04Y.00 Elevators Escalators January 10, 2019 KONE Inc. 11165 Knott Avenue, Suite B CITY OF PALM SPRINGS Cypress, California 90630 3400 E TAHQUITZ CANYON WAY STE OFC Tel (714) 715-2683 PALM SPRINGS, CA 92262-6918 Fax(714)893-1848 USA www.kone.com ami.roh@kone.com ATTENTION: MR. STEVE BOWSER REFERENCE: Vertical Transportation Maintenance Agreement Rider PALM SPRINGS INTERNATIONAL AIRPORT N40121625 EFFECTIVE: 1/1/2019 OBJECT: KONE will extend the current maintenance agreement for 1 year. PRICE: The maintenance price will be $5,262.00 quarterly or $21,048.00 annually. Respectfully, KONE Inc. Ami Roh Sales Executive ACCEPTANCE ACCEPTED PALM SPRINGS INTERNATIONAL AIRPORT KONE Inc. DATE DATE: e a Not to Exceed $ Without The E re Written Authorization Of The City Manager i FY 19/20 PURCHASE ORDER REQUEST Company Name: Kone Inc. Product or Service:Maintenance Service Provider for Escalators. Kone is the original equipment fabricator and exclusive service provider for the Airport's escalators. Primary Purpose: The airport's escalators are experiencing more frequent shutdowns due to excessive wear and tear of the handrails which are made of rubber and exposed to extreme heat and sun. Our experience has been to change out every 3 to 4 years. The up and down escalator hand rails are 4 and 3 years since last replaced. The Kone service technician and MX staff are proposing replacing the up handrails now. We are also proposing to acquire the handrails for the down escalator in advance so as to have in stock for immediate availability and repair upon failure. Period (Renewal): NA Insurance Required: Yes_X_ No APPROVED Sy CITY COUNCIL. Price/Dollar amount: $24,850.00 Z-- 13 2r _ ALl9 Account number: 415 6200 43200 Approved Date: 1 e%9 KONE Care TM PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL Price Our total price to perform the above-mentioned work amounts to: $24,850.00 plus applicable taxes. Our price includes applicable labor, material and permit fees. This proposal is not binding on KONE until approved by an authorized KONE representative. Pricing is subject to KONE's attached Terms and Conditions for tendered repairs and, by signing below, Purchaser hereby agrees to these Terms and Conditions. Price is valid for 30 days from the date of this proposal. Down Payment no deposit required, customer will issue a PO and or WO for full amount of$24,850.00. JH The above quoted price is based on a zero percent(0%) down payment, due before the order will be processed. No material will be ordered and work shall not commence until applicable down payment is received. The attached invoice will serve as a receipt for the down payment provided. ACCEPTANCE:The foregoing Agreement is hereby Respectfully submitted by, signed and accepted in duplicate on behalf of Palm KONE Inc. Springs Int'I Airport Signature) Jay Hubatch, Sal s Consultant Print Name) I L Approved By)Authorized Representative C i NCtC X-- SUG j c) Print Title) Title Date: ' /` / /9 Date: 7 S APPROMJASTO FQFM A ST: 3 C 1Y 1 EY Clerk REV 06/16 Page 3 of 4 Try KONE Care PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL 7/11/2019 PALM SPRINGS INT'L AIRPORT i N9 3400 E. TAHQUITZ CANYON WAY PALM SPRINGS CA. 92262 Y USAF. Attn: MR. SAL MISQUEZ Re: ESCALATOR UP Dear MR. SAL MISQUEZ, The safety, performance and reliability of your vertical transportation equipment are important to us. We understand the value of the equipment to your building and know that the following areas are important to you: Passenger and employee safety Code compliance Performance and reliability Accessibility Aesthetics Eco-efficiency Therefore, based on our detailed equipment evaluation, we thank you for the opportunity to submit the following - proposal to you which will help improve your equipment in one or more of the above areas. Our trained service technicians will follow proven performance procedures to perform the recommended work in a safe, professional manner designed specifically for each piece of equipment. Upon your approval, please sign and return the following proposal to our local Branch Office for processing. Should you have any questions regarding this.agreement, or if we can be of any further assistance, please contact me at(714) 713-1305. Sincerely, Jay Hubatch Sales Consultant KONE Inc. REV 06/16 Page 1 of 4 KONE TM PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL 7/11/2019 KONE Inc. 11165 Knott Avenue, Suite B PALM SPRINGS INT'L AIRPORT Cypress, California 90630 3400 E. TAHQUITZ CANYON WAY Tel (714) 713-1305 PALM SPRINGS CA. 92262 USA Fax (714) 893-1848 www.kone.com Attn: MR.SAL MISQUEZ ami.roh@kone.com Re: ESCALATOR (UP) Description of Work KONE will furnish and perform the scope below on escalator (UP) 1. Crew team to shut down escalator and put up safety barricades 2. Crew team to remove existing worn handrails and associated hardware for needed repair. 3. Crew team will install two new hand rails and reinstall the associated hardware. 4. This work will consist of each handrail on (escalator up) unit only 5. Crew to take down safety barricades, check operation and return escalators back to service 6. The material and cost of all four (4) escalator handrails are included on this proposal KONE will dispatch a crew to replace two handrails on the escalator(down) unit REV 06116 Page 2 of 4 TNI KONE Care PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL TERMS AND CONDITIONS This proposal is subject to the following terms and conditions,all of which are hereby agreed to: KONE shall submit invoices for the value of material delivered and/or labor performed,less the down payment paid at the time of proposal acceptance.A final invoice shall be issued by KONE upon completion of the work and shall include all balances due.Purchaser agrees to pay the amount of any tax imposed by any existing law,or by any law enacted after the date of this Agreement, based upon the transfer, use,ownership or possession of the equipment involved in the services rendered herein. KONE reserves the right to discontinue our work at anytime unU)we have assurance,satisfactory to us.that payments will be made as agreed.Final payment shall become due and payable upon completion of the work described in this Agreement.Failure to pay any sum due to KONE within thirty(30)days of the invoice will be a material breach. A delinquent payment charge calculated at the rate of 1 Y,%per month,or if such rate is usurious then at the maximum rate under applicable law,shall be applied to the delinquent payments. In the event of default on the payment provisions herein,Purchaser agrees to pay,in addition to any defaulted amount,all attorney fees,collection cost or court costs in connection therewith. The machinery, implements and apparatus furnished hereunder remain KONE's personal property and KONE retains title thereto until final payment is made,with right to retake possession of the same at the cost of the Purchaser if default is made in any of the payments,irrespective of the manner of attachment to the realty,the acceptance of notes,or the sale,mortgage or lease of the premises. The states requiring notice prior to filing a lien,this notice requirement is hereby complied with. KONE shall not be liable for damage or delay caused directly or indirectly by accidents,embargoes,strikes, lockouts,work interruption or other labor dispute, fire,theft, floods,or any cause beyond KONE's control. Regardless of the type of delay, KONE shall not be liable for any indirect,consequential,or special damages including but not limited to fines,penalties,loss of profits,goodwill,business or loss of use of equipment or property. Purchaser agrees to provide safe access to the equipment and machine room areas.Should conditions develop beyond KONE's control,making the building or premises in which KONE's personnel are working unsafe,KONE reserves the right to discontinue work until such unsafe conditions are corrected. Should damage occur to KONE's material or work on the premises,by fire,theft or otherwise.Purchaser shall compensate us therefore. Any asbestos removal necessitated by work described in this Proposal will be the Purchaser's responsibility.Purchaser shall provide documentation that the asbestos has been abated from the KONE work area and air clearance reports shall be made available upon request.Purchaser is responsible for all costs of oil disposal should it be determined that oil from Purchaser's equipment is contaminated. KONE undertakes to perform this work in conformity with the usual applied codes and standards,however,no guarantee can be made that all code violations or defects have been found. This work is not intended as a guarantee against failure or malfunction of equipment at any future time. It is agreed and understood that KONE is not responsible for damages,either to the vertical transportation equipment or to the building,or for any personal injury or death, arising from or resulting from any code required safety tests performed on this equipment. Nothing in this agreement shall be construed to mean that KONE assumes any liability of any nature whatsoever arising out of,relating to or in any way connected with the use or operation of the equipment described above. Purchaser shall be solely responsible for the use,repair and maintenance of the equipment and for taking such steps including but not limited to providing attendant personnel,warning signs and other controls necessary to ensure the safety of the user or safe operation of the equipment. Neither KONE nor its affiliates,subsidiaries or divisions shall be responsible or liable for any damages,claims,suits,expenses and payments on account of or resulting from any injury, death or damage to property arising or resulting from the misuse, abuse or neglect of the equipment herein named or any other device covered by this contract. Purchaser shall at all times and at Purchaser's own cost,maintain a commercial general liability policy covering bodily injury and property damage with the limits of liability Purchasers customarily carry(naming KONE as additional insured)arising out of the services provided under this Authorization and/or the ownership,maintenance,use or operation of the equipment described herein. It is agreed and understood that Purchaser is solely responsible for ongoing maintenance and care of the equipment described above. IT IS EXPRESSLY UNDERSTOOD, IN CONSIDERATION OF OUR PERFORMANCE OF THIS WORK THAT PURCHASER ASSUMES ALL LIABILITY FOR THE USE,MAINTENANCE OR OPERATION OF THE EQUIPMENT DESCRIBED ABOVE AND FOR ANY INJURY,INCLUDING DEATH,TO ANY PERSON OR PERSONS AND FOR DAMAGE TO PROPERTY OR LOSS OF USE THEREOF,ON ACCOUNT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK TO BE DONE HEREIN,AND AGREES TO THE EXTENT PERMITTED BY LAW TO DEFEND,INDEMNIFY AND HOLD HARMLESS KONE,ITS OFFICERS,DIRECTORS AND EMPLOYEES FROM ALL DAMAGES,CLAIMS, SUITS,EXPENSES AND PAYMENTS ON ACCOUNT OF OR RESULTING FROM ANY SUCH INJURY,DEATH OR DAMAGE TO PROPERTY,EXCEPT THAT RESULTING FROM THE SOLE NEGLIGENCE OF KONE INC. Purchaser hereby waives any and all rights of recovery,arising as a matter of law or otherwise,which Purchaser might now or hereafter have against KONE Inc. KONE warrants the materials and workmanship of the equipment for 90 days after completion.Purchaser's remedy is limited to repair or replacement of a defective part,in KONE's sole discretion.The warranty is limited to the replacement or repair of the part itself,and excludes labor.In no event shall KONE be responsible for damage due to normal wear and tear,vandalism,abuse,misuse,neglect,work or repairs or modifications by others,or any other cause beyond the control of KONE.KONE disclaims any other warranty of any kind,either expressed or implied,including without limitation the implied warranties of merchantability or fitness for a particular purpose.or noninfringement. Unless otherwise agreed,it is understood that the work shall be performed during regular working hours of regular working days of the elevator trade.If overtime work is mutually agreed upon and performed,the additional price,at KONE's usual rates for such work,shall be added to the contract price herein named. It is expressly understood and agreed all prior agreements written or verbal regarding the subject matter herein are void and the acceptance of this Agreement shall constitute the contract for the material and work specified in this Agreement.Any changes to this Agreement must be made in writing and signed by both parties. The terms and conditions set forth herein shall constitute the complete agreement for any work performed.AND shall prevail over and supersede any terms and conditions contained in any documents provided by the Purchaser. The Purchaser does hereby agree the exclusive venue for any dispute between the parties shall be in the county of Rock Island,IL. REV 06/16 Page 4 of,. CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this , Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Aeainst Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training,including apprenticeship; and further,that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONTRACTOR/VENDOR: NAME and TITLE of Authorized Representative: A Print) iir-e- Ve YdSen A0,00mA1 /_ gYtg04I?P" Signature and Date of Authorized Representative: Sign) rye Date) DISCLOSURE AGREEMENT RELEASE OF INFORMATION The release of documentation containing secured information to the individual listed below is pursuant to the preparation of the Proposal or actual contractual work for the City of Palm Springs. Any release of such information must be approved by the City of Palm Springs. Each firm must have a designated individual who will serve as the custodian of the information while being used for the project. USE OF INFORMATION This information may be used by the individual for reference, contractual work, or preparation of submittals to the City of Palm Springs. The individual listed below shall only allow other project team members at their firm access to specific data needed for their portion of the project. This information shall not be shared, copied, or disseminated to any third party while in the possession of the individual or firm. This'information shall not be made available or presented to the general public. STORAGE OF INFORMATION All information shall be secured from unauthorized disclosure when not in use. If so directed, the originals and all copies of such information shall be returned to the City of Palm Springs 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263 or destroyed as per instructions. NAME: A;k#- &KSeh gfQKCk AA-#, io- BUSINESS NAME: Ko AJ ADDRESS: N I (E 6u# Ate, Sg;4 'A 0 E-MAIL: A; 'tes4l ed — &00%t- CO SIGNATURE: DATE: Signature above acknowledges agreement that the individual will follow terms and conditions set forth regarding the release of information. E URGENTo a H PUBLIC INTEGRITY DISCLOS APPLICANT DISCLOSURE K 1. Name of Entity ivy "Vises- A-G UU`rr e. re-jo.-A""Z j- i 2. Address of Entity(Principle Place of Business) I t j, A One KoNE C..4 Mokm , x1. 6 3 301 3. Local or California Address(if different than#2) 111w I A*A h*, Say e 8 Cf/ rest, CA ?0630 4. State where Entity is Registered with Secretary of State Oebt Oct If other than Califomia, is the Entity also re istered in California?Ples No 6. Type of Entity 1 6orporation Limited Liability Company Partnership Trust Other(please specify) 3 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: /f any response is not o'natural person, please Identify al/ officers, directors, members,managers and other fiduciaries for the member,manager, trust or other entity See q 4044 a L14 Officer Director Member Manager name] General Partner Limited Partner Other / Officer Director Member Manager name] General Partner Limited Partner Other Officer Director Member Manager name] General Partner Limited Partner Other CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE' APPLICANT DISCLOSURE FORM Page 1 of 2 Revised 091318) 7. Owners/Investors with a 5%beneficial interest In the Applicant Entity or a related entity EXAMPLE LANE DOE SO%ABC COMPANY, Inc. name of owner/investor] percentage of beneficial interest in entity and name of entity] A. name of owner/investor]percentage of beneficial interest in entity and name of entity] B. name of owner/investor] percentage of beneficial interest in entity and name of entity] C. name of owner/investor] percentage of beneficial interest in entity and name of entity] D. name of owner/investor] percentage of beneficial interest in entity and name of entity] E. name of owner/investor] percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party,Printed Name,Title Date D i ke eKSe^o6t-evfeA AytaooK CITY OF PALM SPRINGS--PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM Page 2of2 Revised 0913.18) KONE Inc. Directors and Officers First Last Business Name Name Title Address Larry G. Wash President&CEO; Director/Chairman 4225 Naperville Road,Suite 400 of the Board Lisle, IL 60532 Kenneth E. Schmid,Jr. Senior Vice President Finance,Chief 4225 Naperville Road,Suite 400 Financial Officer; Director Lisle, IL 60532 Jeffrey S. Blum Senior Vice President West Region 1751 Harbor Bay Parkway, Suite 150 Alameda,CA 94502 Jay Dietz Senior Vice President East Region 4225 Naperville Road,Suite 400 Lisle, IL 60532 Danilo Elez Senior Vice President Service Business 4225 Naperville Road,Suite 400 Lisle, IL 60532 Aaron Ites Senior Vice President New Equipment 4225 Naperville Road,Suite 400 Business Lisle, IL 60532 Nicole Manzo Senior Vice President Human Resources 4225 Naperville Road,Suite 400 Lisle, IL 60532 Jussi Oijala Senior Vice President Supply and 4225 Naperville Road,Suite 400 Sourcing Lisle, IL 60532 Kurt E. Stepaniak Senior Vice President Law& 4225 Naperville Road,Suite 400 Acquisitions;Secretary Lisle, IL 60532 Dennis Viehweg Senior Vice President Modernization 4225 Naperville Road,Suite 400 Lisle,IL 60532 Corey Ward Vice President Environmental Health& 4225 Naperville Road,Suite 400 Safety Lisle, IL 60532 Michael P. Bauschka Treasurer One KONE Court Moline,IL 61265 John Dahlquist,Jr. Assistant Secretary 4225 Naperville Road,Suite 400 Lisle, IL 60532 Joseph Kang Assistant Secretary 4225 Naperville Road,Suite 400 Lisle,IL 60532 Divya R. Mehta Assistant Secretary 4225 Naperville Road,Suite 400 Lisle, IL 60532 Lorraine Pelzer Assistant Secretary One KONE Court Moline, IL 61265 Trish Pritchard Assistant Secretary One KONE Court Moline, IL 61265 Meggan Zobrist Assistant Secretary One KONE Court Moline, IL 61265 Gregory A. Christian Assistant Treasurer One KONE Court Moline, IL 61265 Rangarajan Krishnamurthy Assistant Treasurer 4225 Naperville Road, Suite 400 Lisle, IL 60532 Rev 03/19 Kone Escalator Service Agreement AGREEMENT#A6319 dated 01/01/2013 CC APPROVE 02/06/13 Annual Jan 1- Dec 31 Year Term FY 1 of 3 2013 2 of 3 2014 3of3 2015 Extension Ending 12/31 1 2016 2 2017 3 2018 I Installation of New Escalators (EcoMod) AGREEMENT.#A6647 dated 12/17/2014 CC APPROVE 12/17/2014. Up/Down installed in separate years) Escalator Month/Year Completed/Acceptance Warranty End date UP ESCALATOR Nov/2015 Nov/2016 DOWN ESCALATOR . Sept/2016 Sept/2017 Warranty 1 year upon date of Acceptance KONE Escalators Elevators PLUS COMPLETE MAINTENANCE) AGREEMENT FOR VERTICAL TRANSPORTATION PURCHASER (Equipment Owner): City of Palm Springs 3400 East Tahquitz Canyon Way PO Box 2743 Palm Springs, CA 92263 SERVICE LOCATION: Palm Springs International Airport 3400 East Tahquitz Canyon Way PO Box 2743 Palm Springs, CA 92263 EQUIPMENT DESCRIPTION Make Model Freight Passe Or Escalator Walk Other Traction Hydraulic I Traction 12HIlydraulic KONE 2 Palm Springs International Airport Rev.49/05/08 Page 1 Of 8 This contractiagreement, dated 01/0112013, by and between City of Palm Springs ,(Purchaser)and KONE Inc. (KONE Contractor) is for Complete Maintenance for the vertical transportation located at Palm Springs International Airport KONE and Purchaser, in consideration of the terms, covenants & conditions set forth, hereby agree as follows: PERFORMANCE KONE will systematically examine, maintain, adjust and lubricate the equipment. In addition, unless specifically excluded elsewhere, KONE will repair or replace the following if the repair or replacement is, in KONE's judgment, necessitated by normal wear and tear. ESCALATORS ESERIES 50000-GLASS BALUSTRADE ESCALATOR SYSTEM COMPONENTS CONTROL SYSTEM CPU board, brake control board, controller annunciator display, starter panel, control temperature switch, control power transformer, power supply board, isolation transformer, high voltage, upper and lowerjunction boxes. DRIVE MACHINERY AND MOTOR EQUIPMENT AC motor, encoder, permanent magnet brake, gearbox, bull gear, ring and pinion gear, oil bucket and lower reversing station. The gear case will be periodically drained and flushed to remove sediment and grit and refilled with new gear oil. HANDRAIL DRIVE SYSTEM Handrails, handrail drive wheel, handrail roller cluster, handrail drive chain, handrail take-up device and handrail guide assemblies. SAFETY SWITCH SYSTEM Missing step detector, handrail inlet switches, step upthrust inlet switches, combplate impact device, skirt switches, pit stop switches, access cover switches, out-of-level step switches, emergency stop switches, alarm on the stop switch cover, broken step chain switches, key start switches, brake temperature switch and motor pit stop switch. GUIDANCE AND ALIGNMENT SYSTEMS Rollers, handrail tracks, novatex boards, sprockets, pulleys, comb segments and comb plates, landing plates, lubricators and comb lighting. Balustrades and decks, shall be examined, adjusted, properly fastened and aligned. HOUSEKEEPING Purchaser and KONE have a shared responsibility to clean escalator equipment, pits, pans and balustrade interiors. HOURS OF SERVICE All work covered under this Agreement is to be performed during the regular working hours of regular working days of the elevator trade, unless otherwise indicated herein. Palm Springs International Airport Rev.4 9/05/08 Page 2 of 8 KONE SERVICE CENTER The KONE Service Center is available 24-hours a day, seven days a week to respond to all calls and dispatch a service technician if necessary. In the unlikely event of an entrapment, a highest priority response will be given. If your unit is equipped with remote monitoring capabilities, KONE reserves the right to utilize this functionality and the phone line for the unit to collect data related to the use and operation of your equipment SERVICE REQUESTS(CALLBACKS) This Agreement covers minor adjustment service requests during the regular working hours of regular working days of the elevator trade, unless otherwise indicated herein. If Purchaser should require,at any time,service requests(unless included above)to be made on overtime, Purchaser will be charged only for the difference between KONE's regular hourly billing rate and KONE's regular overtime billing rate applicable for each overtime hour worked. All work outside the scope of this Agreement is to be performed by KONE at an agreed upon rate. Purchaser will also be charged for travel time to and from project location at KONE's regular billing rates. Service requests are defined as minor adjustments, corrections or emergency entrapments that require immediate attention and are not caused by reasons beyond KONE's control. Service requests do not include work that requires more than one technician or more than two hours to complete. EXCLUSIONS KONE assumes no responsibility for the following items or services,which are excluded from the Agreement ESCALATOR Refinishing, repairing, replacement or cleaning of balustrades, sideplate devices, steps, step treads, step chains, decks, skirt panels, handrails, anti-slide devices, brushes, guards and damage or deterioration to escalator skirt deflector brushes. Purchaser agrees that escalators are for the sole purpose of transporting passengers, to prevent other items from being transported on escalators and agrees to prevent safety devices from being damaged. GENERAL KONE shall not be obligated to make other safety tests other than those specified herein, equipment adjustments, or to install new attachments whether or not recommended or directed by insurance companies, or by federal, state, municipal, A.S.M.E. codes, or other governmental or non-governmental authorities. KONE will maintain the equipment performance and its components to the operating condition at the effective date of this agreement KONE shall not be required to perform and keep records of firefighters service testing, unless specifically included elsewhere in this agreement KONE shall not be obligated to make equipment adjustments to achieve Code required Escalator Step/Skirt Performance Index or loaded gap values. KONE shall not be obligated to make changes or adjustments required by new or retroactive code changes. KONE will not be responsible to perform tests or correct outstanding violations or deficiency lists cited by code authorities or any third party agency prior to the effective date of this agreement. KONE will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems, adverse machine room conditions(including temperature variations below 60 degrees and above 90 degrees Fahrenheit), excessive humidity, adverse environmental Palm Springs Imema onal Airport Rev.4 9/05/08 Page 3 of 8 conditions, water damage, prior water exposure, rust, fire, explosion, acts of God, misuse, vandalism, theft, war, acts of government, labor disputes, strikes, lockouts or tampering with the elevator equipment by unauthorized personnel. KONE shall not be obligated to make repairs or renewals for damage or deterioration caused by UV rays. KONE shall not be required to make renewals or repairs necessitated by negligence or misuse of the equipment or any other cause beyond its control except ordinary wear and tear. Obsolete items are excluded from this agreement. Obsolete items and the labor to replace them will be at the owner's expense. Obsolete items(including, but not limited to, assemblies, parts, components or systems) are defined as follows: An item for which the original design is no longer regularly manufactured by the OEM or the original item has been replaced with an item of different design. No exception to this exclusion will be made for items defined as obsolete above simply because they can be custom made or acquired at any price. Any modifications to existing equipment necessary to accommodate replacement components will also be at the owner's expense. KONE will not be required to furnish reconditioned or used parts. INDEMNITY CLAUSE (See attachment A) P s and rlairas of any kind 8F RatWF49 iFRP988d BR, iRSUFFed by, eF 898eFted against KONE eFi9iR9 8 t PURCHASER ASSURANCES AUTHORIZED PERSONNEL Purchaser agrees to furnish KONE with a list of authorized personnel responsible for building operations. WIRING DIAGRAMS Purchaser agrees to provide KONE with a complete set of as built wiring diagrams. NOTIFICATION In the event that the equipment is not functioning properly, purchaser agrees to shut down equipment and notify KONE for repair. Purchaser agrees to notify KONE in the event of any injury or accident in or about the equipment included in this agreement. Verbal notification must be provided immediately and written notification must be provided within seven days. OPERATION Purchaser shall at all times be solely liable for the proper use of the equipment. Purchaser agrees to post any and all instructions and warnings to passengers related to the use of the equipment. Purchaser shall not permit anyone other than KONE to make repairs, additions, modifications, upgrades or adjustments to the equipment covered herein during the term of the agreement TESTING AND SERVICING Purchaser agrees to perform the monthly firefighter's service testing and keep record of such tests, if required and not specifically included elsewhere herein. Purchaser agrees to annually maintain the mainline disconnect switch by a certified electrician and repair as necessary. EQUIPMENT ACCESS Purchaser agrees to provide safe access to the equipment and machine room areas for service and keep all machine rooms and pit areas free from water, stored materials and debris. Palm Springs International Airport Rev.4 9/05108 Page 4 of 8 Purchaser agrees to remove and dispose of any hazardous materials, water or waste according to applicable laws and regulations. Purchaser agrees to provide a safe workplace for our personnel. SATISFACTION If you are ever less than very satisfied with KONE's performance, Purchaser agrees to contact KONE immediately. CONTRACT TERM(See Attachment"A") The service specified will be furnished from the effective date stated herein, and shall continue for an initial, cancelable term of THREE (3) years with the right for either party to renew the agreement each year. This Agreement will automatically renew for successive terms of One (1) years thereafter. year term nr Rt the and f h t one (1) year wrms by giving the h m ) days n d thp Affprtivp rintp of Aruo qiihqPq,,Pnt I term The parties 4 I a h..1 ...-.+ h f t that finch Pllfr:hagar ig maria awara of this Aqrppment anti aggi mea anti anraes to he h..nnrl by tmay, at its sale- d wr' t eHtaieia as iaeFudie9, Hit not limitard tnr P mh ger' art f P II f t entiraty-upoaVvutten-aotice. CONTRACT PRICE KONE in consideration of $S,262.00 (FIVE THOUSAND TWO HUNDRED SIXTY TWO AND 001100 DOLLARS) payable by Purchaser quarterly in advance (equivalent to $1,754.00 month), hereby agrees to furnish services herein described on the equipment within the agreement. The monthly service amount above will remain same for term of the contract. laborTMENT-8 i Fe Flood er our Id labor rates will be adjusted ann nuary 1 of each year of the contract. Th or dec 9/ L-6er.R,ates The current st labor cost is the sum of the straight time hourly rate-!us of fringe benefits (fringe benefi Inc soon vacations paid holidays, insurance, and other uni paid to elevator examinerTIrr4he-iecaiAy the equipment is me mb K Palm Springs Intemational Airport Rev.4 9/05/09 Page 5 of 8 PAYMENTTERMS Payments are due within thirty (30) days of date of invoice. A delinquent payment charge calculated at the rate of 1%% per month, or if such rate is usurious then at the maximum rate under applicable law, shall be applied to delinquent payments. In the event of default of the payment provisions herein, Purchaser agrees to pay, in addition to any defaulted amount, all attorney fees, collection cost or court cost in connection therewith. Failure to pay any sum due by Purchaser within sixty (60) days will be a material breach. KONE may at KONE's option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid, KONE may suspend service, and be discharged from further obligations under the contract. If KONE exercises its right to suspend service, KONE shall not be responsible for injury or damage resulting from the lack of service. When service is resumed, Purchaser will be responsible for any costs KONE incurs as a result of the lapse in service. These payment terms shall also be applicable to any charges for work outside the scope of this Agreement. EXTENDED TERM SAVINGS OPTION It is agreed that in consideration of Purchaser's selection of one of the extended contract terms set forth below, KONE will apply, upon acceptance of this agreement by Purchaser, the appropriate savings discount to the contract price throughout such contract term and all term periods subsequent thereto. Contract Term Savings Applied By Indicate Purchaser's Selection by Selected by KONE Signing the Appropriate Line Purchaser Ten(10)years 3% Fifteen (15)years 5% Twenty(20)years 7% PERFORMANCE CLAUSE r r P I ' hall ha M-bmi IA2"- er shall have tha 09141; is ieFmipaia this A@FGSFAARt by giMiA9 KGOIR th4ky (29) days wN#en Metiae. Piet wilhsts di g balancesowed K9NE: PREPAYMENT DISCOUNT 2% Discount for annual payment in advance Accepted 1% Discount for semi-annual payment in advance Accepted TAX Purchaser shall pay, in addition to the price, any tax imposed upon Purchaser by any existing or future law and the amount of tax imposed upon KONE, KONE's suppliers or Purchaser under any Palm Springs International Airport Rev.4 9/05/08 Page 6 of 8 statute, court decision, rule or regulation currently effective or becoming effective after the date of this Agreement which is based upon or incident to the transfer, use, ownership, or possession of the materials or equipment involved in the performance hereof or the services rendered, hereunder. OBLIGATIONS OF THE PARTIES Nothing in this Agreement shall be construed to mean that KONE assumes any liability of any nature whatsoever arising out of, relating to or in any way connected with the use or operation of the equipment covered by this Agreement. Purchaser shall be solely responsible for supervising the use of the equipment and for taking such steps including but not limited to providing attendant personnel, warning signs and other controls necessary to ensure the safety of the user or safe operation of the equipment. Purchaser shall at all times and at Purchaser's own cost, maintain a commercial general liability policy covering bodily injury and property damage with the limits of liability Purchaser's customarily carry for the life of this contract(naming KONE as an additional insured)arising out of the services provided under the Agreement and/or the ownership, maintenance, use or operation of the equipment described herein. Neither KONE nor its affiliates shall be liable for any loss, damage, detention or delay caused by accidents, strikes, lockouts, material shortages or by any other cause which is beyond its reasonable control, or in any event, for incidental or consequential damages. KONE shall not be liable for any work, service or material other than that specifically mentioned herein. KONE and the purchaser will not be liable to the other party for any indirect, consequential, or special damages including but not limited to fines, penalties, loss of profits, goodwill, business or loss of use of equipment or property. ADDITIONAL TERMS This Agreement shall constitute, exclusively and entirely, the agreement for the service described and all prior representations or agreements relating thereto, whether written or verbal, shall be deemed to be merged herein and this Agreement including changes in or additions to shall not be binding upon KONE until approved by a local Office Manager or one of its executive officers at Moline, Illinois. Submission of this contract does not void or otherwise nullify the existing contract until this new contract is signed and approved by both parties. The Terms and Conditions set forth herein shall prevail over and supersede any terms and conditions contained in any documents provided by Purchaser. KONE disclaims any warranty of any kind, either express or implied, including without limitation the implied warranties of mechantability or fitness for a particular purpose, or noninfringement. This Agreement is confidential between Purchaser and KONE and shall not be distributed to third parties. VENUE The Purchaser does hereby agree that the exclusive venue for any dispute between the parties shall be in the County of Riverside, State of California. Palm Springs International Airport Rev.4 9105108 Page 7 of 8 Contract Information Customer Contact KONE Contact Service Location KONE Account Representative Hai Benington Palm Springs International Airport Telephone Number Service Agreement Number 951-682-5305 Agreement Effective Date Fax Number 01/01/2013 951-082 001 Contact Person E-Mail Address harold.benington@kone.comSteveBowser KONE Service ManagerTelephoneNumber Andrew Panagopoulos760-318-0359 24 Hour Call CenterFaxNumber 877-276-8691760-318-3815 Website AddressEmailAddress www.kone.com Purchaser (Equipment Owner) ACCEPTANCE The parties to the service agreement agree to Address the conditions contained herein: City of Palm Springs 3400 East Tahquitz Canyon Way Signed for and on behalf of C Im Springs PO Box 2743 Palm Springs, CA 92263 Contact Person iS_ynature) Steve Bowser Telephone Number o 760-898-0359 Print Name) Fax Number 760-318-3815 Email Address Print Title) Date: Respectfully submitted, KONE Inc n 4AIPE' Li AB Submi ed Hal eningtonttere._Approved By) uthorized Repr opptative AiCbav1 tSQUSCh Lzty -k. Date:c /)u/13 APPROVED BYUYCOLNU'IL 6'?03 at A q Palm springs International Airport ATTESTRev.4 9/05/08 Page 8 of 8 Clty Clerk pf till n HIS 8 Rig