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Home My WebLink About20212816.tiffCon-}va C1\- U -17S Z January 9, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Curtis Naibauer Subject: Elevator Maintenance Agreement/Renewal-(2021-2816) KONE ELEVATOR was awarded the contract to maintain elevator services using the option of cooperative purchasing that is permitted in County Code Section 5-4-100. KONE ELEVATOR has met the performance standards. Facilities is recommending an annual renewal with KONE ELEVATOR using a contract amendment/renewal under the OMNIA Partners, Public Sector (formerly US Communities). The rates would be $4,363.73 per month or $52,364.76 annually. If you have any questions, please contact me at extension 2023. Sincerely, Curtis Naibauer Interim Director Unwirt- nien60,.. I /tine -1 ce,07,46,---C //i-Val ZoZ1-2S1 to 5C-, OOZ DocuSign Envelope ID: 4818EC33-AB78-44BC-BB06-D 1 F36534FFA8 AMENDMENT # 2 TO AGREEMENT BETWEEN WELD COUNTY AND KONE INC. This Amendment is made and entered into this 11.141 day of I,\Ck Yl , 2024, by and between the Board of Weld County Commissioners, on behalf of the Facilitig Department, hereinafter referred to as the "Department", and Kone, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement identified by the Weld County Clerk to the Board of County Commissioners as document No. 2021-2816, approved on October 4, 2021. WHEREAS the parties hereby agree to amend the terms of the Agreement in accordance with the terms provided herein. NOW THEREFORE, the parties hereto covenant and agree that the Agreement shall be amended as follows: 1. The current term of the Agreement ended on September 30, 2023. The term is hereby extended commencing on January 1, 2024 and ending on September 30, 2024. 2. Beginning on the first day of the new term, the monthly fee of $4,363.73 shall replace the current monthly fee of $4175.82. 3. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day, month, and year first above written. CON7grat,,By:LJxu, Name: Alex Dyer Title: General Manager Date 1/9/2024 .b BOARD OF COUNTY COMMISSIONERS ATTEST: " '� � �& WELD COUNTY, COLORADO Weld 'ou ty Clerk to the B BY: Kevin D. Ross, Chair JAN 1 7 2024 Contract Form Entity Information Entity Name* KONE, INC Entity ID* @00001111 Contract Name * ELEVATOR MAINTENANCE CONTRACT RENEWAL (2021-2816) Contract Status CTB REVIEW Contract ID 7752 Contract Lead SGEESAMAN Q New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Contract Description ANNUAL CONTRACT RENEWAL 4.5% ESCALATION 4363.73 MONTHLY Contract Description 2 Contract Type" RENEWAL Amount* $4,363.73 Renewable* YES Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM -Build ingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Due Date Date* 01/13/2024 01/17/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date" 09/01/2024 Renewal Date" 10/01/2024 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHRIS D'OVIDIO BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 01/09/2024 01/10/2024 01/11/2024 Final Approval BOCC Approved Tyler Ref* AG 011724 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 01/17/2024 Con}vaci 100 -tan August 30, 2022 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Elevator Maintenance Agreement/Renewal-(2021-2816) KONE ELEVATOR was awarded the contract to maintain elevator services using the option of cooperative purchasing that is permitted in County Code Section 5-4-100. KONE ELEVATOR has met the performance standards. Facilities is recommending an annual renewal with KONE ELEVATOR using a contract amendment/renewal under the OMNIA Partners, Public Sector (formerly US Communities). The rates would be $4,175.82 per month or $50,109.84 annually. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Oa/O--l/22 1/71' B60013 20-28f to AMENDMENT # 1 TO AGREEMENT BETWEEN WELD COUNTY AND KONE INC. This Amendment is made and entered into this 30th day of August , 2022, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as the "Department", and Kone, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement identified by the Weld County Clerk to the Board of County Commissioners as document No. 2021-2816, approved on October 4, 2021. WHEREAS the parties hereby agree to amend the terms of the Agreement in accordance with the terms provided herein. NOW THEREFORE, the parties hereto covenant and agree that the Agreement shall be amended as follows: 1. The current term of the Agreement will end on September 30, 2022. The term is hereby extended for one year commencing on October 1, 2022 and ending on September 30, 2023. 2. Beginning on the first day of the new term, the monthly fee of $4,175.82 shall replace the current monthly fee of $3,996.00. 3. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day, month, and year first above written. CONTRACTOR: By: Date 08/30/2022 Name: Kwaku Kankam, Jr. Title: General Manager ATTEST: Weld C ty Clerk to the B ,Wdrifed Jele,„„;ok. BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Scott K. James, Chair StP 0 7 2022 Page 1of1 Contract Form New Contract Request Entity Information Entity Name" KONE, INC Entity ID' AO0001111 Contract Name* ELEVATOR MAINTENANCE RENEWAL (2021-2816) Contract Status CT6 REVIEW' Contract Description * CONTRACT RENEWAL FOR ELEVATOR MAINTENANCE COOPERATIVE PURCHASING OMNIA PARTNERS Contract Description 2 Contract Type. RENEWAL Amount. 54,1 75.82 Renewable * YES Automatic Renewal Grant IGA ❑ New Entity? Contract ID 6285 Contract Lead* SGEESAMAN Contract Lead Email sgeesarnanAco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project I Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 09:'10 2022 09,14,2022 Department Email CM- BuildingGrounds7V eldgov.c om Department Head Email CM-BuildingGrounds- DeptHeadAweldgov.com County Attorney GENERAL COUNTY" ATTORNEY EMAIL County Attorney Email CM- C OU NTYATTO R N EY-AW E L DG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date 09'01; 2023 Renewal Date. 10:`01 2023 Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TAYLOR DH Approved Date 08:31/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09,'07 2022 Originator SGEESAN1AN finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 08 31/2022 09:01/2022 Tyler Ref AG 090722 C,OVth'OCf IDt* 1 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 December 6, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Elevator Maintenance Agreement- Change Order 1 (2021-2816) In October 2021, Elevator maintenance was awarded to KONE, Inc. using the option of cooperative purchasing that is permitted in County Code Section 5-4-100. The current contract did not include elevators located in the Chase Building at 822 7th Street in Greeley, CO. The rates to add these three elevators would be $714.00 per month or $8,568.00 annually. Facilities is recommending approval of the change order in the amount of $714.00 per month or $8,568.00 annually. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Con 5611+ at, /02/A3/0z/ ZOZI-2T1L2 Be -106Z. Date: CHANGE ORDER # 1 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND KONE, INC. December 6, 2021 Original Agreement: Weld County document no. 2021-2816 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 3,282.00 Original Contract Amount Per Month $ 0.00 Previously Approved Change order(s) Amount $ 714.00 Current Change Order Amount Per Month $ 3,996.00 New Contract Total Per Month All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR! , By: �' 12/06/2021 Date Name: Kwaku Kankam, Jr. Title: General Manager ATTEST: ddtko J&: Weld County Clerk to the Deputy Clerk to the B d •;,,� ve Moreno, Chair BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EC 13 2021 Page 1 of 1 CI :0 Exhibit: Change Order # 1 December 6, 2021 Weld County 1105 H Street Greeley, CO 80631 REFERENCE: Vertical Transportation Maintenance Agreement Rider Weld County EFFECTIVE: January 1, 2022 OBJECT: Add Three Elevators at 822 7th Street, Greeley, CO 80631 ACCEPTANCE Name: Elevators Escalators KONE Inc. 8585 Concord Center Dr. STE 900 Englewood, CO 80112 Tel 303-681-5881 www.kone.com This rider will add the 2 traction and 1 hydraulic elevator at the building located at 822 7th street to the existing maintenance agreement. The elevator unit numbers added are 20003391, 20003395 and 20003387. The monthly cost addition is $292 per traction elevator and $130 for the hydraulic elevator. The total monthly cost addition is $714.00 Respectfully, KONE Inc. Scott Prussia ACCEPTED KONE Inc. BY: BY: DATE: DATE New Contract Request, Entity Name KONE, INC Contract Nam ELEVATOR MAINTENANCE 2021-2816 Contract Status CTB REVIEW Entity ID* ,g4)000111 1 Contract ID 5441 Contract Lead* Sc EESAMAN Contract Lead Email sgeesaman@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description • CHANGE ORDER1 ;' ADD 3 ELEVATORS LOCATED AT 822 / _ I _ H STREET TO THE MAINTENANCE CONTRACT. $ 714.00 PER MONTH Contract Description 2 Contract Type* CHANGE ORDER Amount* $714.00 YES Giant Department Requested BQCC Agenda Due Date BUILDINGS AND GROUNDS Date* 12 + 1 1 .?°2021 12/15i2021 Department Email CM- BuiIdingGroundsOweldgov.c om Department Head Email CM-BuildingGrounds- De ptHeadve l dgov. com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY@WELDG OV.COM Will a work session with BO!CC be required? NO Does Contract require Purchasing Dept. to be included? YES Bid (RFP # B2000182 If this is a renewal enter previous Contrary ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Effective Dam Termination Notice Period In at on Contact Info Purchasln Purchasing Approver ROB TURF Approval Process Department H TOBY TAYLOR OH Approved Date 12/0712021 BOCC Approved BOCC Signed Date BOCC Agenda Date 12113.2021 Originator SGEESAMAN Review Date* 09+0512022 Committed Delivery Date Contact Type Finance Approver CHRIS D'OV1D1O Renewal Date* 10/03/2022 Expiration Dare Contact Phone 1 Contact Phone 2 Purchasing 12:'08x`2021 Finance Approved Date 12!07:2021 Tyler Ref# AG 121321 Legal Counsel BOB CHOATE Legal Counsel Approved Date 12;'07/2021 RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT FOR ELEVATOR MAINTENANCE AND AUTHORIZE CHAIR TO SIGN - KONE, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Professional Service Agreement for Elevator Maintenance between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and KONE, Inc., commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Professional Service Agreement for Elevator Maintenance between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and KONE, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of October, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddilLEA) .1►;e1 Weld County Clerk to the Board BY: Deputy Clerk to the Boar APP :e•EDAS County Attorney Date of signature: 10/14 Steve oreno, Chair Lori cc :136 (TT/s(o) to/i9/z1 2021-2816 BG0023 ConA'vack lDiks258 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 September 22, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Elevator Maintenance Agreement In October 2020, Elevator maintenance bid #62000182 was awarded to the low bidder Peak Elevator LLC with costs of $15,200 annually to provide basic service & inspections with the option for annual renewal. Facilities is not recommending renewal of this service agreement due to 21 of 24 elevators failing the annual inspections from an independent 3rd party inspector as required by the State. To maintain elevator services, Facilities is recommending using the option of cooperative purchasing that is permitted in County Code Section 5-4-100. Purchasing has also verified the cooperative purchasing parameters of the attached proposal meet County Code. The cooperative purchasing proposal recommendation is an annual agreement with KONE ELEVATOR using a contract amendment under the OMNIA Partners, Public Sector (formerly US Communities). The rates would be $3,282 per month or $39,384 annually. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director cc,: f3G Ont3ase. 2021-2816 1O(O51Qi Icy/0&{ 1300023 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND KONE INC. THIS AGREEMENT is made and entered into this LIW day of 0Gko17 V , 2021_, by and between the Board of Weld County Commissioners, on behalf of the Department of Facilities, hereinafter referred to as "County," and KONE Inc, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibit; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibit, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibit, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. The Exhibit consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibit. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibit. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party 1 4;p81- OS.ICo shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ 3,282.00 per month as set forth in the Exhibit. No payment in excess of that set forth in the Exhibit will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for 2 which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibit, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at 3 the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This 4 requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its 5 failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, 6 all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Scott Prussia Position: Address: 8585 Concord Center Dr. Address: Englewood, CO. 80112 E-mail: scott.prussia@kone.com Phone: 303-792-3423 TO COUNTY: Name: Toby Taylor Position: Director Address: 1105 H Street Address: Greeley, CO 80631 E-mail: ttaylor(&,,weldgov.com Phone: 970-400-2020 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is non-exclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibit attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 7 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees 8 who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, 9 with the attached Exhibit, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: KONE Inc. 44 864 By: Name: Jeff Blum Date of Signature KONE Opp 12111192 Title: Senior Vice President 9-26-2021 Acceptance by KONE is expressly conditioned upon the terms of the City of Kansas City Master Contract GENRL-EV 2516 dated Dec. 1, 2018 taking precedence and prevailing WELD TO /0 ATTEST: yr. ,:,094. Weld County Clerk to the Boad,,4 4/ -`4'‘ • B \ 'tle Deputy Clerk to the Board 10 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair c- 0':. 2021 aoai-agico US COMMUNITIES HOURLY ELEVATOR LABOR RATES 2019 Mechanic Straight Time: Helper Straight Time: Adjustor Straight Time: Mechanic Overtime: Helper Overtime: Adjustor Overtime: Mechanic Double Time: Helper Double Time: Adjustor Double Time: 187.17 159.53 Monday through Friday 8am - 5pm 203.47 318.19 Services before 8am and past 271.19 5pm, Monday through Friday 345.91 374.34 Sundays and Holidays 319.05 406.95 2020 Mechanic Straight Time: Helper Straight Time: Adjustor Straight Time: Mechanic Overtime: Helper Overtime: Adjustor Overtime: Mechanic Double Time: Helper Double Time: Adjustor Double Time: 2021 Mechanic Straight Time: Helper Straight Time: Adjustor Straight Time: Mechanic Overtime: Helper Overtime: Adjustor Overtime: Mechanic Double Time: Helper Double Time: Adjustor Double Time: 2022 Mechanic Straight Time: Helper Straight Time: Adjustor Straight Time: Mechanic Overtime: Helper Overtime: Adjustor Overtime: Mechanic Double Time: Helper Double Time: Adjustor Double Time: 193.25 164.71 Monday through Friday 8am - 5pm 210.09 328.53 Saturday and Services before 280.01 8am and past 5pm, Monday 357.15 through Friday 386.50 Sundays and Holidays 329.42 420.18 199.53 170.06 Monday through Friday 8am - 5pm 216.92 339.21 Saturday and Services before 289.11 8am and past 5pm, Monday 368.76 through Friday 399.07 Sundays and Holidays 340.13 433.83 206.02 175.59 Monday through Friday 8am - 5pm 223.97 350.23 Saturday and Services before 298.50 8am and past 5pm, Monday 380.74 through Friday 412.04 351.18 447.93 Sundays and Holidays 2023 Mechanic Straight Time: Helper Straight Time: Adjustor Straight Time: Mechanic Overtime: Helper Overtime: Adjustor Overtime: Mechanic Double Time: Helper Double Time: Adjustor Double Time: 212.71 181.30 Monday through Friday 8am - 5pm 231.24 361.61 Saturday and Services before 308.20 8am and past 5pm, Monday 393.12 through Friday 425.43 362.59 462.49 Sundays and Holidays Exhibit: Care Maintenance Agreement Dedicated to People Flow" August 19, 2021 Weld County Maintenance 1105 H Street Greeley, Colorado, 80631 Attn: Toby Taylor Re: KONE CareTM Maintenance Agreement Weld County Maintenance Dear Toby Taylor, KONE Denver PIM Phone: 720-468-3857 Fax: scott.prussia@kone.com Thank you for the opportunity to submit our KONE Care Maintenance Agreement for the vertical transportation equipment located at Weld County Maintenance. KONE Care TM provides a detailed program that covers various components of your vertical transportation operation and is tailored to your specific facility, equipment, and needs. KONE's maintenance methods are utilized to maintain the safety, performance, and reliability of your equipment. Our trained service technicians follow proven performance procedures to help deliver a customized maintenance program, designed specifically to the profile for each piece of equipment. As part of our advanced solutions, we also invite you to inquire about our KONE 24/7 Connected Services program, an innovative approach to connect your elevators and escalators for predictive monitoring services with IBM Watson. Please let me know if you would like to learn more about this service. Upon your approval, please sign and return two (2) copies of the KONE Care Maintenance Agreement to our local branch office. One fully executed copy of the maintenance agreement will be returned to you for your files. Once again, thank you for the opportunity to serve your vertical transportation needs. Please feel free to contact me with any questions at 720- 468-3857. Respectfully, Scott Prussia KONE Purchaser ("Purchaser"): WELD COUNTY 915 10TH ST GREELEY, Colorado 80631-1117 TENDER DATE: 08/19/2021 1. EQUIPMENT DESCRIPTION ("Equipment") 2. SERVICES Dedicated to People Flow' Service Location ("Premises"): Weld County Maintenance 1105 H Street Greeley, Colorado 80631 SCOPE OF SERVICES °00 KONE Inc. ("KONE") Denver EFFECTIVE DATE: 10/01/2021 Manufacturer Type Sub -Type Count KONE Elevator Traction - Geared 1 Schindler Elevator Hydraulic 1 KONE Elevator Hydraulic 1 Other Elevator Hydraulic 20 Thyssen Krupp Elevator Hydraulic 1 KONE will perform maintenance visits to examine, maintain, adjust, and lubricate the components listed below. KONE performs maintenance service in accordance with a proprietary system called KONE Maintenance Method. Data gathered about the equipment is analyzed to determine optimum maintenance frequency. In addition, KONE will repair or replace the components listed below, unless exclusion or limited scope language exists elsewhere in this Agreement. All other work related to the equipment is Purchaser's responsibility unless specifically noted elsewhere in this Agreement, or unless Purchaser has separately contracted with KONE for the work. A. Geared Traction Elevators 1. Relay Logic Control System All control system components. 2. Microprocessor Control System All control system components. System performance examinations will be conducted to ensure that dispatching and motion control systems are operating properly. 3. Geared Machine Components All geared machine components. 4. Hoistway and Pit Equipment All elevator control equipment and buffers. 5. Rails and Guides Guide rails, guide shoe gibs, and rollers 6. Ropes Hoist ropes, hoist belts (if applicable), governor ropes, and compensation ropes. 7. Wiring All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. 8. Door Equipment Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices. 9. Manual Freight Door Equipment Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter -balancing equipment. 10. Power Freight Door Equipment Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices. 11. Signals and Accessories Car operating panels, hall push button stations, hall lanterns, emergency lighting, car and hall position indicators, car operating panels, fireman's service equipment and all other signals, and accessory facilities furnished and installed as an integral part of the elevator equipment. Re-lamping of signal fixtures is included only during KONE's maintenance visits. Service requests for re-lamping of signal fixtures will be billed separately at KONE's then current labor rates. 12. Car Equipment All elevator control system components on the car. B. Hydraulic Elevators Weld County Maintenance Rev. OF 12/1/2017 Page 1 of 16 _ © 2018 KONE INC. 1. Relay Logic Control System All control system components. 2. Microprocessor Control System All control system components. System performance examinations will be conducted to ensure that dispatching and motion control systems are operating properly. 3. Power Unit Pump, motor, valves, and all related parts and accessories. 4. Hoistway and Pit Equipment All elevator control equipment and buffers. 5. Rails and Guides Guide rails, guide shoe gibs, and rollers 6. Wiring All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. 7. Door Equipment Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices. 8. Manual Freight Door Equipment Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter -balancing equipment. 9. Power Freight Door Equipment Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices. 10. Hydraulic System Accessories Exposed piping, fittings accessories between the pumping unit and the jack, jack packing, hydraulic fluid, and any heating or cooling elements installed by the original equipment manufacturer ("OEM") for controlling fluid temperature. 11. Signals and Accessories Car operating panels, hall push button stations, hall lanterns, emergency lighting, car and hall position indicators, car operating panels, fireman's service equipment and all other signals, and accessory facilities furnished and installed as an integral part of the elevator equipment. Re-lamping of signal fixtures is included only during KONE's maintenance visits. Service requests for re-lamping of signal fixtures will be billed separately at KONE's then current labor rates. 12. Car Equipment All elevator control system components on the car. 3. TESTING KONE is not obligated to: perform safety tests other than those specified herein; perform any work required by new or retroactive code changes; perform tests required or correct outstanding violations or deficiencies identified prior to the effective date. Unless specifically provided for in this section; a written Maintenance Control Plan (MCP) and documented testing procedures are not included, even when required by current code, as such that code may be changed or amended from time to time by local jurisdictions. KONE is not responsible for providing documentation onsite, as all reporting and testing records are available digitally. 4. HOURS OF SERVICE All services described above in this Agreement will be performed during the regular working hours of the regular working days of the elevator or escalator trade in the location where the services are performed, unless otherwise specified in the Agreement. 5. SERVICE REQUESTS (CALLBACKS) Service requests are defined as services that require immediate attention and that are within the scope of services and not excluded from the scope of services as provided below. Service requests outside the scope of services will be billed separately at KONE's then current labor rates and material prices plus mileage and incidentals. Any rates and lump sum amounts are not subject to audit. Service requests that require more than one technician or more than two hours to complete will be treated as a repair and scheduled in accordance with the Hours of Service section above. Purchaser agrees that KONE may perform service requests made by any person that KONE believes is authorized by Purchaser to make such requests. If purchaser requests service on overtime, Purchaser will be charged KONE's hourly billing rate for each over time hour unless specified separately herein. Regular Time Coverage - (Courthouse; Alternative Programs; Centennial Center 1; Centennial Center 2; Community Corrections; Court House Annex; Health Planning; Human Service A; Human Service B; Human Service C; Law Administration; Jail (1 East Unsecure); Jail (1 East Secure); Jail (2 East Unsecure); Jail (2 East Secure); Jail (West Unsecure); Jail (West Secure); Jail (West New 1); Jail (West New 2); Jail (West New 3); Plaza West 1; Plaza West 2; Plaza West 3; Southwest Weld) In addition to the work described in the Scope of Services section, this Agreement covers requests for service during the regular working hours of the regular working days of the elevator trade. Travel Time & Expenses - (Courthouse; Alternative Programs; Centennial Center 1; Centennial Center 2; Community Corrections; Court House Annex; Health Planning; Human Service A; Human Service B; Human Service C; Law Administration; Jail (1 East Unsecure); Jail (1 East Secure); Jail (2 East Unsecure); Jail (2 East Secure); Jail (West Unsecure); Jail (West Secure); Jail (West New 1); Jail (West New 2); Jail (West New 3); Plaza West 1; Plaza West 2; Plaza West 3; Southwest Weld) Purchaser will not be billed for travel time or expenses to and from the site for service requests covered under the scope of work. Weld County Maintenance Rev. OF 12/1/2017 Page 2 of 16 . © 2018 KONE INC. 6. REPORTING SERVICES KONE may provide Purchaser with access to KONE's online reporting tool. Based on the Purchaser's user access, Purchaser can view information about the performance and service of the Equipment. KONE may provide Purchaser with automatic email notifications that provide information on work performed. 7. EXCLUSIONS The following are excluded from the scope of services: A. GENERAL 1. KONE is not obligated to: removal of water or excessive debris from the pit; make replacements or repairs necessitated by fluctuations in the building power systems, adverse machine room or environmental conditions (including without limitation temperature variations below 50 degrees or above 90 degrees Fahrenheit) or humidity greater than 95% relative humidity, prior water exposure, rust, fire, explosion, acts of God, misuse, vandalism, theft, acts or mandates of govemment, labor disputes, strikes, lockouts, or tampering with the equipment by any person other than a KONE representative, negligence or acts or omissions of the Purchaser or any third party, or any other cause beyond KONE's control. 2. KONE agrees to maintain the existing performance as designed and installed. KONE is not required under this Agreement to make changes in operation and/or control, subsequent to the date of this Agreement. 3. Notwithstanding anything contained to the contrary within this Agreement, KONE's work shall not include any abatement or disturbance of asbestos containing material (ACM), presumed asbestos containing materials (PACM), or other hazardous materials (i.e. lead, PCBs) (collectively "HazMat"). Any work in the affected area where reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from the HazMat is excluded from KONE's scope of work without an applicable change order to reflect the additional costs and time. In accordance with OSHA requirements, Purchaser shall inform KONE and its employees who will perform work activities in areas which contain HazMat of the presence and location of HazMat in such areas which may be contacted during work before entering the area. Other than as expressly disclosed in writing, Purchaser warrants that KONE's work area at all times meets applicable OSHA permissible exposure limits (PELs). KONE shall have the right to discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, required in order for KONE to perform its work shall be Purchaser's sole responsibility and expense. After any removal or abatement, Purchaser shall provide documentation that the HazMat has been abated from the KONE work area and air clearance reports shall be made available upon request prior to the start of KONE's work. 4. Nothing contained within this agreement shall be construed or interpreted as requiring KONE to assume the status of an owner, operator, generator, storer, transporter, treater or disposal facility as those terms appear within RCRA or any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Purchaser shall be responsible to execute all waste manifests necessary to transport hazardous materials for disposal. B. OBSOLESCENCE 1. Component may become obsolete during the term of this Agreement. Obsolete components are not covered under this Agreement. KONE will provide Purchaser with a separate quotation for the price to replace obsolete components. Equipment modifications necessary to accommodate replacement of obsolete components are at the Purchaser's expense. 2. Components include without limitation any part, component, assembly, product, or firmware or software module. A component is obsolete when it can no longer be economically produced due to the cessation of consistent sources for materials, a loss or termination of a manufacturing process occurs, product reliability analysis shows that it is not economically feasible to continue to produce the component, escalation of component costs beyond acceptable industry expectations drive alternative equipment upgrades, the support of product safety programs or conformance to codes or standards mandates that use of a component be discontinued in its entirety, the OEM designates the component as obsolete, or such component has been installed 20 or more years. No exception to the above will be made for a component designated as obsolete because it can be custom made or acquired at any price. KONE will not be required to furnish reconditioned or used components. After the component that replaces the obsolete component is installed, that component is covered under this Agreement unless it becomes obsolete. Weld County Maintenance Rev. OF 12/1/2017 Page 3 of 16 . © 2018 KONE INC. C. ELEVATOR 1. Refinishing, repairing, replacing, or cleaning of the: car enclosure; gates or door panels; door pull straps; hoistway enclosure; rail alignment; hoistway doors; door frames; sills; hoistway gates; flooring; power feeders, switches, and their wiring and fusing; car light diffusers; ceiling assemblies and attachments; smoke or heat sensors; fans; fireman's phone devices; intercoms; phone lines; music systems; media displays; card -readers or other security systems; computer monitoring systems; light tubes and bulbs; pit pumps; emergency power generators; hydraulic cylinder; unexposed piping; or disposal or clean-up of waste oil or contamination caused by leaks in the hydraulic cylinder or unexposed piping. KONE is not be obligated to perform or keep records of firefighter's service testing, unless specifically included in this Agreement. 2. The following is excluded from Alternative Programs : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Centennial Center 1 : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Centennial Center 2 : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Community Corrections : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Court House Annex : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Health Planning : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Human Service A : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Human Service B : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Human Service C : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Law Administration : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Jail (1 East Unsecure) : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Jail (1 East Secure) : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Jail (2 East Unsecure) : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Jail (2 East Secure) : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Jail (West Unsecure) : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Jail (West Secure) : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Jail (West New 1) : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Jail (West New 2) : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Jail (West New 3) : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Plaza West 1 : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Plaza West 2 : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Plaza West 3 : Hydraulic Piston(s) and Overspeed Valve. The following is excluded from Southwest Weld : Hydraulic Piston(s) and Overspeed Valve. 8. REMOTE MONITORING If the Equipment is equipped with remote monitoring capabilities, Purchaser gives KONE the right to utilize this functionality and the phone line to the Equipment to collect data related to the use and operation of the Equipment. 9. SAFETY Purchaser will provide a safe workplace for KONE personnel and safe access to the equipment, property and machine room areas and keep all machine rooms and pit areas free from water, stored materials and debris; remove and dispose of any hazardous materials, water or waste according to applicable laws and regulations; post any and all instructions and warnings related to the use of the equipment. Purchaser will be solely responsible for proper use, 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. Escalator or automatic walks have the potential for end user injuries from passengers falling over the side of the escalator balustrade or autowalk platform to a lower level below when passengers ride the equipment in an unsafe manner. Therefore, although not required by ASME A17.1/CSA B44, KONE strongly recommends that you consult with your architect, structural engineer, contractor, security personnel, or other qualified building professional to review your operations and options to develop an appropriate fall protection solution to limit exposure to falls from your elevated equipment. If in KONE's sole judgment the equipment presents a safety hazard to the riding public or KONE's technicians (including but not limited to Purchaser's act of creating or allowing unsafe practices or conditions or Purchaser's failure to authorize necessary repairs or upgrades), KONE may immediately terminate this Agreement in its entirety upon written notice. To the extent that KONE provides Purchaser with any oral or written account, report, information, or other statement identifying a safety issue with the equipment that is the subject of the Agreement or otherwise makes any recommendation or proposal to make a safety improvement or to address a safety issue related to such equipment, and Purchaser does not immediately approve KONE's proposal or recommendation, Purchaser agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Purchaser's failure to comply with KONE's recommendations and proposals, and any obligation on the part of KONE to indemnify or defend Purchaser with regard to such claim shall be null and void. 10. NOTICE OF MALFUNCTION OR INJURY As to any elevator or escalator equipment that is the subject of the Agreement, Purchaser will: (i) immediately shut down any such equipment that presents a potential safety hazard; and (ii) provide prompt verbal notice to KONE's Service Center of such hazard. Purchaser will immediately notify KONE's Service Center of any injury or accident in or about such equipment, followed by prompt written notice of such injury or accident. Any indemnity of Purchaser provided by KONE under the Agreement becomes null and void and will not be considered in interpreting the Agreement if Purchaser does not take the action or provide the notice required by this provision. 11. THIRD PARTY SERVICES Weld County Maintenance Rev. OF 12/1/2017 Page 4 of 16 . © 2018 KONE INC. A. All services within the scope of this Agreement must be performed by KONE or its subcontractors, if any. If Purchaser causes or permits a third party to perform the same or substantially the same services required by this Agreement, Purchaser shall be deemed in breach of this Agreement and Purchaser waives all claims against KONE arising from or related to a third party's performance of such services. B. If Purchaser determines that it requires any services outside the scope of this Agreement, Purchaser will provide KONE with an opportunity to provide a quotation for such services or to meet any offer from a third party. If KON E agrees to meet a third party offer, Purchaser will enter into a separate contract with KONE for such services. If Purchaser elects to have a third party perform the services, KONE reserves the right to adjust the price of this Agreement. C. If a third party works on the equipment during the term of this Agreement, KONE reserves the right to inspect the equipment and may determine that re -work, different or additional work is required. Purchaser will reimburse KONE for the cost the inspection and any additional work required. If Purchaser declines to have KONE perform the additional work, KONE reserves the right to cancel the Agreement upon written notice to Purchaser. 12. NON-KONE EQUIPMENT If the equipment covered under this Agreement was not manufactured by KONE (or a company acquired by KONE), Purchaser will: (i) provide KONE with a complete set of as -built wiring diagrams, (ii) Purchaser will procure and pay for replacement parts or proprietary diagnostic devices from the OEM, if requested by KONE, and (iii) provide Maintenance Control Plan (MCP) test procedures as required by current code, as that code may be changed or amended from time to time. KONE will reimburse Purchaser for the actual cost paid by Purchaser for OEM parts acquired at KONE's request. KONE is not responsible for any delays, damages, cost, or claims arising from or in connection with Purchaser's failure to provide OEM parts or proprietary diagnostic devices in a timely manner. Purchaser authorizes KONE to produce single copies of the EPROM and/or ROM chips for each unit for the sole purpose of an archive backup of the embedded software to allow for replacement of a defective or damaged chip. These will be stored on the building premises and the Purchaser retains possession. Weld County Maintenance Rev. OF 12/1/2017 Page 5 of 16 . © 2018 KONE INC. TERMS AND CONDITIONS 1. TERM AND TERMINATION A. This Agreement will commence on the effective date and continue for an initial period of One (1) year and is non -cancelable. This Agreement will thereafter automatically renew for successive terms of One (1) year. Either party may terminate this Agreement at the end of the initial One (1) year term oy giving the other party no less than ninety (30) days written notice, via certified mail, prior to the expiration date of the then current term of the Agreement. B. If a party materially breaches the Agreement, the other party shall provide written notice of the breach and a reasonable time under the circumstances to cure the breach, but in no event less than a thirty (30) days cure period. If the breaching party fails to cure the breach within the specified time period, the non -breaching party may terminate the Agreement upon fifteen (15) days written notice to the other party. 2. CANCELLATION If Purchaser cancels or otherwise terminates the Agreement in any way inconsistent with the termination provisions of the Agreement, such cancellation will constitute a material breach of the Agreement. In such case, Purchaser will pay as a cancellation fee an amount equal to fifty percent (50%) of the balance of the total price owed for the remaining term of the Agreement. Notwithstanding anything to the contrary in the Agreement, the cancellation fee will be paid by Purchaser immediately upon receipt of KONE's invoice. Purchaser will reimburse KONE for all costs of collection, including without limitation court costs and reasonable attorneys' fees. 3. ASSIGNMENT Either party may assign the Agreement to a third party upon thirty (30) days prior written notice to the other party subject to the terms of this provision. If Purchaser transfers ownership of the premises on which such equipment is located to a new owner, Purchaser will promptly provide KONE with new owner's contact information and take all such actions as are necessary to assign the Agreement to the new owner. Purchaser will promptly provide KONE with a copy of such assignment. Should the new owner fail to assume this Agreement, Purchaser shall remain liable for all unpaid amounts, including those owed for the balance of the current unexpired term of this Agreement. 4. PRICE ADJUSTMENTS If the term of the Agreement exceeds one (1) year, KONE may automatically adjust the price annually effective on the first maintenance invoice in each new calendar year. This adjustment will be equal to the percentage increase or decrease in KONE's straight time hourly labor cost. KONE's straight time hourly labor cost equals the sum of the straight time hourly rate plus the cost of fringe benefits and applicable taxes, including without limitation welfare, pension, vacation, paid holidays, insurance and other union contributions, paid to personnel where the Equipment is located. KONE reserves the right to add annual surcharges to the price of the Agreement, including without limitation, adjustments for the then current price of fuel and charges for disposal or other environmental requirements, such surcharges to be specified by KONE in its sole discretion and invoiced by KONE and paid annually by Purchaser. 5. PAYMENT TERMS Payment is due net thirty (30) days from the date of the invoice. A charge of the greater of: (i) one and one half percent (1 Yz%); or (ii) the maximum rate permitted by applicable law, will be applied to the unpaid balance. Purchaser will reimburse KONE for all costs of collection, including without limitation court costs and reasonable attorneys' fees. KONE imposes a surcharge for payment made via credit card that is not greater than our cost of acceptance. The surcharge that we impose for this type of transaction is a percentage of the amount paid via credit card, which will be notified to the customer at the payment portal. 6. SUSPENSION OF SERVICE If Purchaser fails to pay any invoice within the specified payment terms or if Purchaser breaches any material provision of the Agreement, KONE may stop work or suspend its services under this Agreement and/or other contracts with the Purchaser until all invoices are current or Purchaser cures the breach. Any requests for service during the period of suspension of service or repairs necessitated by the lack of maintenance service will be invoiced by KONE and paid separately by Purchaser. If Purchaser fails to make timely payment, any indemnity provided by KONE under the Agreement is null and void as to any damages that arise during the suspension period for non-payment. Purchaser waives all claims against KONE arising from or related to suspension of service pursuant to this provision. 7. TAXES Purchaser is responsible for the payment of all federal, state, or local taxes applicable to the services or materials provided under the Agreement. Weld County Maintenance Rev. OF 12/1/2017 Page 6 of 16 . © 2018 KONE INC. 8. INSURANCE AND INDEMNIFICATION KONE will provide its standard certificate of insurance. 9. LIMITATION OF LIABILITY A. Notwithstanding anything to the contrary in this Agreement. KONE's total liability to Purchaser under the Agreement is limited to $1.000.000 B. In no event will either party be liable to the other party for indirect, incidental, consequential, special, exemplary, or punitive damages of any kind or nature arising from or related to performance of the Agreement, including without limitation loss of profits, loss or inaccuracy of data, or loss of use damages, even if the party has been advised of the possibility of such damages and even if under applicable law such damages would not be considered for indirect, incidental, punitive, special, or consequential damages. Each party hereby waives its rights to such damages to the fullest extent permitted by applicable law. C. If there is any litigation between the parties with respect to this Agreement or the subject matter hereof, the prevailing party in such litigation shall be entitled to collect all of its costs and expenses in such litigation, including reasonable attorney's fees and court costs, from the other party. 10. U.S. GOVERNMENT SALES If the product(s) or service(s) provided under this Agreement are for end use by a federal, state or local government customer, KONE makes no representations, certifications or warranties whatsoever with respect to the ability of its product(s), service(s) or price(s) to satisfy any applicable federal, state or local statutes or regulations, including without limitation the Federal Acquisition Regulation ("FAR"). 11. FORCE MAJEURE A party is not liable for failure to perform its obligations under the Agreement if such failure results from Acts of God, fire, flood, unusual delay in deliveries, unavoidable casualties, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, or lockout, concealed conditions, shortage or unavailability of materials, supplies, labor, equipment or systems, interruption or failure of electricity or telephone service or any other causes beyond the party's control. The non -performing party must promptly notify the other party in writing of the force majeure event and resume performance immediately upon cessation of the event. 12. VENUE The exclusive venue for any dispute between the parties shall be in the County and State of the Premises as set forth on Page 1. 13. PROPERTY RIGHTS A. KONE will provide Purchaser with any information or materials that it provides generally to all its customers in the ordinary course of its business. Any tools, devices, or other equipment that KONE uses to perform its services or monitor the Equipment remains the sole property of KONE. If this Agreement terminates or expires for any reason, Purchaser will give KON E access to the premises to remove such equipment at KONE's expense. B. KONE retains all rights, title, and interest, including all intellectual property rights, in and to the written materials it provides to Purchaser or uses to perform its services, including without limitation shop drawings, technical documentation, and user manuals, and to any software provided with the equipment. Purchaser will not use such software except in connection with the use and operation of the Equipment. Purchaser will not reverse engineer or otherwise attempt to obtain the source code of any software in object code form. 14. MISCELLANEOUS The Agreement, including any attachments, supersedes all prior written or oral negotiations, commitments, agreements, and understandings between the parties relating to the subject thereof, and constitutes the entire agreement between the parties with respect to the subject matter hereof. The Agreement is not effective until signed by KONE's authorized representative or until KONE commences work under the Agreement. The Terms and Conditions set forth herein shall prevail over and supersede any terms and conditions contained in any documents provided by Purchaser. Notwithstanding anything to the contrary in this Agreement, if Purchaser causes or permits KONE to commence performance of services, Purchaser accepts the terms and conditions of this Agreement. The Agreement may not be modified, amended, canceled, or altered by custom and usage of trade or course of dealing. Any section headings are for convenience only and will not in any way limit the scope or affect the interpretation of any provision of the Agreement. In the event any part of the Agreement is determined to be invalid or non -enforceable, the remaining part or provisions will continue in full force and effect. Failure or delay by a party to exercise any right, remedy, power, or privilege accorded by the Agreement does not constitute a waiver of such right, remedy, power, or privilege. A waiver is effective only if in writing and signed by the waiving party. A written waiver of default will not operate as a waiver of any other default or of the same default in the future. The Weld County Maintenance Rev. OF 12/1/2017 Page 7 of 16 . © 2018 KONE INC. terms and conditions of the Agreement that by their sense and context are intended to survive expiration or termination of the Agreement will so survive, including without limitation the making of all payments hereunder. Weld County Maintenance Rev. OF 12/1/2017 Page 8 of 16 . © 2018 KONE INC. PRICE $3,282 per month payable by Purchaser annually in advance ($39,384.00 per annual installment). If Purchaser does not sign this Agreement within 90 days after the tender date above, KONE reserves the right to submit a revised price. The price is based upon annual in advance payment. In the event Purchaser chooses one of the following payment options by initialing the selection below, a surcharge will apply as outlined: Payment Option Annual in advance payment Semi -Annual in advance payment Quarterly in advance payment Monthly in advance payment WELD COUNTY (Signature of Authorized Representative) (Print Name) Title Monthly Price Acceptance $3,282 per month $3,282 per month $3,282 per month $3,282 per month Respectfully submitted, Scott Prussia KONE Inc. (Approved by) Authorized Representative Title Date Date Weld County Maintenance Rev. OF 12/1/2017 Page 9 of 16 . © 2018 KONE INC. KONE Care Value Added Services These services are offered to improve the quality and transparency of the KONE service delivery experience. TESTING In addition to the work described in the Services section above, the following additional services have been negotiated and are included at the determined frequency as listed. KONE is not liable for any property damage or personal injury, including death, resulting from test. 1. Courthouse CAT1 Traction Test 12 Mo - CAT5 Traction Test 60 Mo - 2. Alternative Programs CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 3. Centennial Center 1 CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 4. Centennial Center 2 CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 5. Community Corrections CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 6. Court House Annex CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 7. Health Planning CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 8. Human Service A CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 9. Human Service B CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 10. Human Service C CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 11. Law Administration CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 12. Jail (1 East Unsecure) CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 13. Jail (1 East Secure) CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 14. Jail (2 East Unsecure) CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 15. Jail (2 East Secure) CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 16. Jail (West Unsecure) CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 17. Jail (West Secure) CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 18. Jail (West New 1) CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 19. Jail (West New 2) CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 20. Jail (West New 3) CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 21. Plaza West 1 CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 22. Plaza West 2 An annual no load test as required by applicable code. A five (5) full load test as required by applicable code. - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as - An annual pressure relief test and a - A five (5) year pressure relief test as yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. yearly leakage test as required by applicable code. required by applicable code. Weld County Maintenance Rev. OF 12/1/2017 Page 10 of 16 . © 2018 KONE INC. CAT1 Hydraulic Test 12 Mo CAT5 Hydraulic Test 60 Mo 23. Plaza West 3 CAT1 Hydraulic Test 12 Mo - CAT5 Hydraulic Test 60 Mo - 24. Southwest Weld CAT1 Hydraulic Test 12 Mo - CAT5 Hydraulic Test 60 Mo - 24/7 CONNECTED SERVICES - An annual pressure relief test and a yearly leakage test as required by applicable code. - A five (5) year pressure relief test as required by applicable code. An annual pressure relief test and a yearly leakage test as required by applicable code. A five (5) year pressure relief test as required by applicable code. An annual pressure relief test and a yearly leakage test as required by applicable code. A five (5) year pressure relief test as required by applicable code. KONE's 24/7 Connected Services uses proprietary advanced remote monitoring and analysis technologies to bring intelligent services to elevators and escalators. 24/7 Connected Services provides continuous updates on the status and condition of the equipment, allowing KONE to perform services tailored to each equipment's needs. 24/7 Connected Services is a family of different services that may be ordered separately. As consideration and in order for KONE to be able to provide the 24/7 Connected Services to the Customer, the Agreement is hereby amended as follows: 1. KONE to provide the Services set forth below are included with this service agreement. This Service fee will be charged on the maintenance invoice at the same interval as the invoicing for maintenance under the Agreement. Installation and/or set-up fees will be provided in a separate proposal when applicable. The interest on any late payments shall be as detailed in the Agreement. 2. KONE shall perform the selected Value -Added Services (each a "Service" and together the "Services") substantially as set forth and authorized below: A. KONE Care - Emergency Phone Monitoring KONE shall program the elevator phone(s) listed below to call the KONE Customer Care Center and will monitor the elevator phone(s). Customer shall: 1. Provide names and phone numbers of at least two (2) of its representatives for the KONE Service Center to contact on a 24 hour basis, and at least one (1) police, fire or local 911 agency name and phone number. 2. Notify KONE immediately in writing of any changes in these names or numbers. In the event of a call from the elevator, the KONE Customer Care Center will contact the points of contact in the order listed below. The local authorities will be contacted only if the previously mentioned point of contacts cannot be reached. 3. If KONE does not provide Wireless Phone Provider Service, Customer shall provide an analog phone line to the elevator machine room (to be terminated on the appropriate phone jacks). If phone line is an extension off an existing phone system, a backup power source must also be provided. An extension, if applicable, must be a direct inward dial (DID) extension. All phones and associated equipment shall be in compliance with the requirements of ASME A17.1, local codes and applicable law, as amended. Customer shall also provide the elevator phone number(s) and/or extension(s) for the phone(s) being programmed. B. KONE Care 24/7 Connect - Performance Analytics If KONE 24/7 Connected Services is selected, then KONE shall provide and install the necessary device(s) to perform KONE 24/7 Connected Services on the equipment below. Unless otherwise provided for in the Agreement, any callouts, repairs, or maintenance prompted by the KONE 24/7 Connected Services shall be performed during regular working hours of regular working days, Monday to Friday, statutory holidays excluded, of the International Union of Elevator Constructors (IUEC.) All response times generated by KONE 24/7 Connected Services shall be calculated starting at 8:00 a.m. local time the next business day. Repair and maintenance needs identified through the Services shall be performed based on the repair coverage agreed in the Agreement. Under no circumstances shall any indicators or predictions be cause for immediate services, but shall be determined and completed upon the next scheduled maintenance visit, or otherwise at the sole discretion of KONE. By initialing below, you are approving the above KONE Care 24/7 Connect - Performance Analytics services for the additional monthly fee of $1,560.00. ACCEPTED BY Date: Weld County Maintenance Rev. OF 12/1/2017 Page 11 of 16 . © 2018 KONE INC. 3. The KONE Care 24/7 Connected Services are performed for the following equipment: Equipment Name KONE Equipment # Wireless Phone Phone Monitoring 24/7 Connect Courthouse X Alternative Programs X X Centennial Center 1 X X Centennial Center 2 X X Community Corrections X X Court House Annex X X Health Planning X X Human Service A X X Human Service B X X Human Service C X X Law Administration X X Jail (1 East Unsecure) X X Jail (1 East Secure) X X Jail (2 East Unsecure) X X Jail (2 East Secure) X X Jail (West Unsecure) X X Jail (West Secure) X X Jail (West New 1) X X Jail (West New 2) X X Jail (West New 3) X X Plaza West 1 X X Plaza West 2 X X Plaza West 3 X X Southwest Weld X X 4. Unless the remote monitoring device was a built-in component of a new KONE elevator, the remote monitoring devices are installed to the equipment by KONE solely in order to enable the Services. The remote monitoring devices are provided to the Customer as part of the Services. Purchaser gives KONE the right to utilize 24/7 Connected Services to collect, export and use data generated by the use and operation of the equipment, regardless if Customer elects any of the Services. Purchaser will not use the 24/7 Connected Services device, except in connection with the use and operation of the equipment. Purchaser will not reverse engineer or otherwise attempt to obtain the source code of any software in object code form. Purchaser has no ownership or proprietary rights to such data, nor the device or software that monitors, analyzes, translates, reports or compiles such data. KONE 24/7 Connected Services, including any data collected, the device(s) to perform the service, and any software related thereto shall be the exclusive property of KONE. 5. KONE 24/7 Connected Services is a family of remote monitoring Services. The parties may later agree to add new Services to the equipment. 6. The Services shall be performed for the duration of the Agreement. Should the Agreement expire or terminate, the Services will automatically terminate. 7. If any or all Services are terminated, unless the remote monitoring device was a built-in component of a new KONE elevator, the Customer shall upon request give KONE access to the equipment to remove any remote monitoring devices owned by KONE along with any other equipment which remains KONE's property at the facility or otherwise at KONE's expense. Such right shall survive the expiration or termination of the Agreement. Upon termination for any reason of either the Emergency Phone Monitoring or Wireless Phone Provider Service, no further phone services will be provided, the phone(s) must be immediately reprogrammed to dial to a location other than a KONE designated phone number and KONE will block the phone numbers from coming into the KONE Service Center. Upon termination for any reason of the Data Remote Monitoring, no further data will be collected. Upon any termination or expiration of the Agreement, no further Services will be provided, including phone services or data collection. KONE shall have no obligation to any party to either collect, export or analyze any data, or to provide the source code of any software in object code form. 8. If the Customer uses its own SIM card or network connection for the data transfer required by the Services, KONE shall not be liable for the costs of such data transfer incurred due to the Services Weld County Maintenance Rev. OF 12/1/2017 Page 12 of 16 . © 2018 KONE INC. Attachment "A" Amendments to Service Agreement The parties hereby agree to be bound to the terms contained in the Agreement, together with those terms contained in this Attachment A. In the event of conflict between terms contained in the Agreement and terms contained in this Attachment A, the terms in this Attachment A shall supersede and prevail. Annual Increase will not exceed 3% Omnia terms and conditions superceed all other terms and conditions Omnia discounted billing rates will be utilized KONE General or Sales Manager Authorization Signature Weld County Maintenance Rev. OF 12/1/2017 Page 13 of 16 . © 2018 KONE INC. CUSTOMER INFORMATION Who is the agreement with? Legal Name of the Company: Address: City: State: Zip: Contact Name: Title: Phone: Fax: Is the Owner tax exempt? Yes (If Yes, provide the Tax Exemption Certificate.) Federal tax ID #: Where should the invoice be sent? Legal Name of the Company: Attention: Address: City: State: Zip: Contact Name: Title: Phone: Fax: Federal tax ID #: Email: Who will be responsible for paying the invoices? Legal Name of the Company: Attention: Address: City: State: Zip: Contact Name: Title: Phone: Fax: Federal tax ID #: Email: Weld County Maintenance Rev. OF 12/1/2017 Page 14 of 16 . © 2018 KONE INC. Remote Monitoring Service Voice Link and Wireless Phone Service Elevator Description Equipment # Elevator Phone # and Extension for Caller ID 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Weld County Maintenance Rev. OF 12/1/2017 Page 15 of 16 . © 2018 KONE INC. First Point of Contact (Required) Name: Title: Phone #: Cell Phone #: Second Point of Contact (Required) Name: Title: Phone #: Cell Phone #: Third Point of Contact (Optional) Name: Title: Phone #: Cell Phone #: Local Emergency Authorities (Required) Fire Department Phone #: Police Department Phone #: Weld County Maintenance Rev. OF 12/1/2017 Page 16 of 16 . © 2018 KONE INC. Contract Form Entity Information Entity Name* KONE, INC New Contract Request Contract Name* 2021 ELEVATOR MAINTENANCE Contract Status CTB REVIEW Entity ID* 'x40001111 Contract Description* COUNTY ELEVATOR MAINTENANCE AGREEMENT Contract Description 2 Contract Type* AGREEMENT Amount* $3,282.00 Renewable* YES Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Departrnent Email CM- BuildingGroundsweldgov.c om Department Head Email CM-BuildingGrounds- DeptHead' r eldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYW'ELDG OV.COM ❑ New Entity? Contract ID 5258 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Requested BOCC Agenda Date* 09:29;'2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 09,25 2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 09;05,2022 Renewal Date* 09'19 2022 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TAYLOR DH Approved Date 09128 2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10!'04,2021 Originator SGEESAMAN Finance Approver BARB CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 09;29/2021 09?29!2021 Tyler Ref # AG 100421 Hello