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VOID-Abacus Elevator Consulting & Inspection exp. 6/19/20234111 ;1 8 201D June 18,2018 Abacus Elevator Consulting & impaction, km. ABACUS ELEVATOR CONSULTING & INSPECTION INSPECTION PROGRAM AGREEMENT Ms. Patty Bumette City of Okeechobee! City Haft 55 SE 3rd Ave Okeechobee, FL, 34974 Pune: 553-763-3372 Fax 834-763-1655 Exna: p' fte ilyofokeaohnbeM.00;n We Abacus Elevator Consulting & Inspection, Inc. (hereinafter A.E.C.I., Inc.) propose to furnish our Inspection Program Agreement for the equipment located at: City of Okeechobee/ City Hall 55 SE Std Ave Okeechobee. FL, 34974 This Contract indudes regular annual inspections and witnessing of safety or pressure test for the elevators, escalators or lifts described below NO.: / TYPE STATE # CAPACITY LANDINGS One (1) Wheelchair Lift 97660 750L13S 2 Perform the inspection on the system as required by Florida Statute Chapter 399.061. Test results will be reported and forwarded to the Authority having Jurisdidion on approved report forms. Such tests impose upon the equipment much greater strains than those growing out of normal operation, therefore, AEC.I., Inc. will exercise caution and care in performing these inspections and nothing in this Agreement shall be construed to mean that A.EC.I., Inc. or its subsidiaries, officers, directors, agents or employees. (herein collectively referred to as 'affiliates'") assume any liability for damages or otherwise on account of accidents to persons or property (inducting but not limited to accidents arising or resulting from the use of the elevator). 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 at all times be solely liable for the operation of the equipment and you shall indemnify, protect and save harmless A.E.C.I., Inc. and its affiliates from liabilities, tosses and claims of any kind or nature imposed on. incurred by, or asserted against AEC.!., Inc. or its affiliates arising out of the operation of the equipment except those directly due to the negligence of AEC.I., Inc. You agree to accept our judgment as to the means and methods to be used for inspedion. We shalt not be required to make inspections necessitated by any other cause unless previously agreed upon in writing. A.EC.I., Inc shall not be taab1e for any work, service or material other than that specifically mentioned herein. &EC.1., Inc. nor its affiliates shall be liable for any loss, damage, detention or delay Almon Elevator Ccrsultirg & inspedion, Inc. sav Tower Rae Ddi,e, Winter Garden, FL 34787 Pyre 407.877.8500 — Fax 407.654.8038 petraman@abecusefevator.corn 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. If repairs are necessary to obtain proper operation of the equipment to meet the requirements of this inspection and test, a callback inspection shall be considered as an extra to this proposal. Call back inspections after 30 days will be considered as a annual inspection at annual inspection price The Inspection Program shall include equipment necessary for the performance thereof. We will perform all work during regular working hours (8 am to 5 pm) of our regular working days unless other wise stated. We are to be granted free access to and the free use of the elevator equipment at any time during business hours that is mutually agreeable. Five (5) year safety test rewires separate proposal. The term of this agreement will be for 5 (five) years and will automatically renew at the end of the first 5 (five) year term. The Inspection Program shall commence on the date of the acceptance of our authorized representative. This agreement can be terminated by giving the other party 90 days prior written notice to the anniversary date. The parties hereto recognize that with the passage of time, equipment technology and designs will change. We shall not be required to make safety tests or install new attachments as recommended or directed by insurance companies or government, state, municipal or other authorities. Necessary electric power for lights, tools, etc during the subject work will be provided by others. Purchaser agrees to provide a safe workplace for our personnel, and to remove any hazardous materials in accordance with applicable laws and regulations. Purchaser agrees to provide Inc., unrestricted access to all areas of the building in which any part of the elevators are located and to keep machine roorns and pit areas free from water, stored materials, and excessive debris and to indemnify and hold us harmless from any damage to any or all of our material or work on the premises caused by fire, theft or otherwise unless such damage be occasioned by us or those in our employment A.EC J.. Inc., shall not be liable for any Toss, damage or detention or delay cause by accidents, strikes, Lockouts, material shortages, or by any other cause which is beyond its control, or in any event, for any incidental or consequential damages or any kind regardless of cause. PAYMENTS: Payments are to be made in full upon completion unless otherwise agreed. A late payment /interest charge of 1'f percent per month will apply to balances not paid within thirty (30) days of the invoice date. Failure to note this charge on any statement of account or request for payment does not constitute a waiver of the satire. All unpaid balances shall be assessed interest at the rate of 18% per annum. This agreement shall be governed in accordance with the laws of the State of Florida, and in the event of any default of the payment provisions herein, purchaser agree; to pay, in addition to any defaulted amount, all attorney fees, collection costs or court costs in connection therewith. The purchaser does hereby waive trial by jury on all matters so triable and further hereby consents to venue in Lake County. Florida regarding all legal proceedings regarding enforcement, interpretation, and construction of this Contract. Should it become necessary for either party to enforce the terms of this contract in a court of law, by a civil lawsuit, the prevailing party shall be entitled to recover their reasonable attorneys' fees and costs from the non -prevailing party. This shall include any and all attorneys' fees and court costs.whether taxable or non-taxable, incurred in any civil litigation, alternate dispute resolution procee 5ngs such as 2 Abews Elevator 411omilltIng & inspection, Inc. gal Tams Pine Drive, Winter Garden, 8.34787 Phone 4O7.877.9Do — Fax 407.654.81)38 pshermaneabatuselevator.corn arbitration and/or mediation, and any fees or costs incurred in any appellate or bankruptcy proceedings. The annual inspection price quoted shall be adjusted annually on the first day of each calendar year, or at anytime during the year if so dictated by change in state late and/or regulation. The annual adjustment is subject to A.E.C.I., Inc. actual cost to perform this service. Wheelchair Iifts/LUtA's Elevator Inspection(s): 1 @ $100.00 each Witnessed Annual Pressure Test(s): 1 @ $125.00 each Total: Two Hundred Twenty Five Dollars 00/100 dollars Due upon receipt of invoice. $225.00 This proposal valid for (90) ninety days and subject to the following terms and conditions and when accepted by you and approved by our authorized representatives shall constitute exclusively and entirely, the contract for the equipment described above and all prior representations and agreements relating thereto, whether written or verbal, shall be deemed to be merged herein. No changes in or additions to this agreement will be recognized unless otherwise made in writing and properly executed by both parties. The inspection of the equipment is only good on the date of service and test_ Each inspection is based on 2 hour per unit_ Additional $50.00 dotiars surcharge if more time is needed_ Accep Name (Jt7 .¢y,.�te rrt. Firm G� rvF a if-Clic/peek- Date 6/ ! YAr' Submitted By Pau! Sherman, AECI, Inc. ABACUS ELEVATOR CONSULTING & INSPECTION, INC. / / Approved On �/ (9' n- 15 2018 By tJ1u Name Name The Elareitor Co=ntzg& tscpca o1, 5317 Tom: Bins D tve, Winter Gardan, FL 3471f7 Ph= 407.3772303 - Fax 407.654.803¢3 pcherman@ab us Tevator.com Trite 3