CONTRACT 6487 One Page Service Agreement CLOSEDAgreement No. 6487
Services Agreement
5
CONTRACTOR ASSA ABLOY ENTRANCE SYSTEMS US INC. DATE MAILED: 8117/2022
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El
Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 20 101219U
85 or equivalent. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury,
and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and
employees as "additional insured's" under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be
on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30)
days prior written notice to the City. Please find additional Terms and Conditions on the reverse side of this Services Agreement.
This is not a purchase order or an authorization to begin work.
® Comprehensive General Liabilit , including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence.
® Auto Liability, including owned, non -owned and hired vehicles with at least:
® 1 000 000 per occurrence.
❑ 100,000.300,000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers° Com pensat'ion Insurance: as required by State Statutes with Waiver of Subrogation. (Not needed if Self-employed with
no employees and CONTRACTOR signs statement to this effect.)
® Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (at no cost to the City).
❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions.
❑ Copy of valid picture I.Q. (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF
WORK FOR THE CITY.
Submitted b com fete all lanky COLOR COPY REQUIRED BACK TO THE 0TY
Company Name:
By (Print name & title):
ASSA ABLOY ENTRANCE SYSTEMS US INC.
Ruby Pringle, Contract Manager
Company Street Address:
Vendor" Authori2eo Sign tore required:
1900 AIRPORT ROAD
City, State, Zip:
Date sig
MONROE, NC 28110
08/30/2022
Phone:
FAX:
(714) 446-0358
Vendors Email address:
Vendor's Web site:
JENNIFER.MACISAACo+7ASSAABLOY.COM
WWW.ASSAABLOYENTRANCE.US
Mail original agreement and insurance to: City of Ell Segundo - City Clerk 350 Main Street, Room 5, El Segundo, CA 90245-3813
Originator/Department Cont,
Department Head Approval:
Insurance p�0s�9:
City Attorney
Risk
Date
initiated: 8/16/2022
Approved: .-'E
The atr.ached Addendum is hereby made a part of this Agreement and is incorporated therein by this reference. k P
One Page Se ices Agreement - Assa Abloy 8118122
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Agreement No. 6487
1.GENERALLY. The materials, supplies, or services (collectively,
"Purchase") covered by this services agreement and purchase order
("order") must be furnished by Seller subject to all the terms and
conditions contained in this order which Seller, in accepting this order,
agrees to be bound by and comply with in all particulars, No other terms
or conditions are binding upon the parties unless subsequently agreed to
in writing. Written acceptance or shipment of all or any portion of the
Purchase covered by this order constitutes unqualified acceptance of all
terms and conditions in this order. The terms of any proposal referred to
in this order are included and made a part of the order only to the extent
it specified the Purchase ordered, the price, and the delivery, and then
only to the extent that such terms are consistent with the terms and
conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
this order, free from all defects in Seller's performance, design,
workmanship, and materials, and, except as otherwise provided, is
subject to inspection and test by City at all times and places. If, before
final acceptance, any Purchase is found to be incomplete, or not as
specified, City may reject it, require Seller to correct it without charge, or
require delivery of such Purchase at a reduction in price that is equitable
under the circumstances. If seller is unable or refuses to correct such
items within a time deemed reasonable by City, City may terminate the
order in whole or in part. Seller bears all risks as to rejected Purchases
and, in addition to any costs for which Seller may become liable to City
under other provisions of this order, must reimburse City for all
transportation costs, other related costs incurred, or payments to Seller
in accordance with the terms of this order for unaccepted Purchases.
Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this
order in drawings and specifications for specially manufactured supplies,
place of delivery, method of shipment or packing of the order by giving
notice to Seller and subsequently confirming such changes in writing. If
such changes affect the cost of or the time required for performance of
this order, an equitable adjustment in the price or delivery or both must
be made. No change by Seller is allowed without City's written approval.
Any claim by Seller for an adjustment under this section must be made
in writing within thirty (30) days from the date of receipt by Seller of
notification of such change unless City waives this condition in writing.
Nothing in this section excuses Seller from proceeding with performance
of the order as changed.
4. TERMINATION. City may terminate this order at any time, either
verbally or in writing, with or without cause. Should termination occur,
City will pay Seller as full performance until such termination the unit or
pro rata order price for the performed and accepted portion of the
Purchase. City may provide written notice of termination for Seller's
default if Seller refuses or fails to comply with this order. If Seller does
not cure such failure within a reasonable time period, or fails to perform
the Purchase within the time specified (or allowed by extension), Seller
will be liable to City for any excess costs incurred by City.
5.TIME EXTENSION. City may extend the time for completion if, in
City's sole determination, Seller was delayed because of causes beyond
Seller's control and without Seller's fault or negligence. In the event
delay was caused by City, Seller's sole remedy is limited to recovering
money actually and necessarily expended by Seller because of the
delay; there is no right to recover anticipated profit.
6.REMEDIES CUMULATIVE. City's rights and remedies under this order
are not exclusive and are in addition to any rights and remedies provided
by law.
7.TITLE. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual inspection and City's opportunity to reject.
B. PAYMENT. City will pay Seller after receiving acceptable invoices
for materials and supplies delivered and accepted or services rendered
and accepted. City will not pay cartage, shipping, packaging or
boxing expenses unless specified in this order. Drafts will not be
honored.
9. INDEMNIFICATION. Seller agrees to indemnify and hold
City harmless from and against any third -party claim, action, damages,
costs (including, without limitation, reasonable attorney's fees), injuries,
or liability, resulting from a4 the Purchase or the order, or
their performance. Should City be named in any suit, or should any
claim be brought against it by suit or otherwise, whether the same be
groundless or not, resulting from ^ f the Purchase or order,
or their performance, Seller will defend City (at City's request and with
counsel satisfactory to City) and indemnify City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section "City" includes City's officers, elected officials,
and employees. It is expressly understood and agreed that the
foregoing provisions will survive termination of this order. The
requirements as to the types and limits of insurance coverage to be
maintained by Seller, and any approval of such insurance by City, are
not intended to and will not in any manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification.
10. WARRANTY. Seller agrees that the Purchase is covered by
the most favorable commercial warranties the Seller gives to any
customer for the same or substantially similar supplies or services, or
such other more favorable warranties as is specified in this order.
Warranties will be effective notwithstanding any inspection or
acceptance of the Purchase by City.
11. ASSIGNMENT. City may assign this order. Except as to
any payment due under this order, Seller may not assign or subcontract
the order without City's written approval. Should City give consent, it will
not relieve Seller from any obligations under this order and any
transferee or subcontractor will be considered Seller's agent.
12. INSURANCE. Seller must provide the insurance indicated on
the face sheet of this Services Agreement.
13. PERMITS. Seller must procure all necessary permits and
licenses, and abide by all federal, state, and local laws, for performing
this order.
14. INDEPENDENT CONTRACTOR. City and Seller agree that
Seller will act as an independent contractor and will have control of all
work and the manner in which is it performed. Seller will be free to
contract for similar service to be performed for other employers
while under contract with City. Seller is not an agent or employee of
City and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits City provides for its employees. Any provision
in this order that may appear to give City the right to direct Seller as to
the details of doing the work or to exercise a measure of control over
the work means that Seller will follow the direction of the City as to
end results of the work only.
15. WAIVER. City's review or acceptance of, or payment for,
work product prepared by Seller under this order will not be
construed to operate as a waiver of any rights City may have under this
Agreement or of any cause of action arising from Seller's performance.
A waiver by City of any breach of any term, covenant, or condition
contained in this order will not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, or
condition contained in this order, whether of the same or different
character.
16. INTERPRETATION. This Agreement was drafted in, and will be
construed in accordance with the laws of the State of California, and
exclusive venue for any action involving this agreement will be in Los
8118/22
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Agreement No. 6487
Angeles County.
17. PREVAILING WAGES. If required by applicable state law including,
without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)),
1771, 1774,1775, and 1776, CONTRACTOR must pay its workers
prevailing wage. It is CONTRACTOR'S responsibility to interpret and
implement any prevailing wage requirements and CONTRACTOR agrees
to pay any penalty or civil damage resulting from a violation of the
prevailing wage laws. In accordance with Labor Code § 1773.2, copies of
the prevailing rate of per diem wages are available upon request from
CITY's Engineering Division or the website for State of Cal'domia
Prevailing wage determination at hft J/www.dir.ca, ov1DL R1PWD, A
copy of the prevailing rate of per them wages must he posted at the job
site.
I& CONSISTENCY. In interpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence of any attached exhibit with
conflicting provisions.
19. CONSIDERATION. As consideration, CITY agrees to pay
CONTRACTOR for CONTRACTOR's services not to exceed a total of
$10,000 (Ten Thousand Dollars) for the work. CITY will pay for work as
specified in the attached Exhibit "A," which is incorporated by reference.
19. EXHIBITA —AUTOMATIC DOOR MAINTENANCE RATES FOR FY
22-23 (JULY 1, 2022 TO JUNE 30, 2023)
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Agreement No. 6487
ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT (the "Agreement") between City of El Segundo ("the City") and ASSA ABLOY
Entrance Systems US Inc. ("ContractorfVendoe) RE: Annual Inspection - CQ-000252138 ("Premises")
This Addendum to the Agreement (-Addendum's is made as of the same date as the Agreement between the CITY and CONTRACTORNENDOR. Notwithstanding anything
to the contrary in the Agreement or temps or conditions incorporated by reference into the Agreement, the parties agree as follows:
1. Pameral and! Pjq pr nance, Payment shall be made to CONTRACTORNENDOR no later than thirty (30) days from the date of invoice. In the event the CITY's
obligation to pay CONTRACTORNENDOR is contingent upon its receipt of payment from the Owner, and CONTRACTORNENDOR does not receive such payment for a
reason other than for CONTRACTORIVENDOR's non-performance, the CITY shall promptly advise CONTRACTORNENDOR in writing. The CITY shall work diligently on
CONTRACTORIVENDOR's behalf to pursue the prompt release of funds by the Owner and the CITY expressly agrees to pay CONTRACTORNENDOR within ninety (90)
days from the date of invoice, even if payment has not been received by Owner. In no event shall CONTRACTORNENDOR waive its rights to file a lien for any amounts
due under the Agreement Notwithstanding anything to the contrary set forth in the Agreement, the CITY shall not be entitled to any discount with respect to any payment
made to CONTRACTORNENDOR.
2. LeELice Obli atir ris, The CITY agrees not to perform or permit others to make alterations, additions, adjustments, or repairs or replace any component or part
of the equipment during the term of this Agreement. It is the CITY's responsibility to notify CONTRACTORNENDOR if an unsafe condition exists, to disable any door that is
operafing in an unsafe manner and to provide CONTRACTORNENDOR with twenty four (24) hours' written notice of any accident, alteration or change affecting the
equipmenL CONTRACTORNENDOR will not be held responsible for any damages, Injuries and liability as a result of the CITY s failure to fulfill its responsniblifies. It is the
CITY's responsibility to perform the daily safety checklist that was provided by the door manufacturer at the time of purchase. Notwithstanding anything to the contrary set
forth in the Agreement, all references to liquidated damages are hereby deleted.
3. Warranty. CONTRACTORNENDOR warrants all new parts installed by CONTRACTORNENDOR for a period of one (1) year against failure due to defective
material or workmanship under normal use by the CITY. CONTRACTORIVENDOR's sole obligation shall be to repair or replace such defective parts. Rebuilt parts are
covered by a ninety (90) day limited warranty. All other parts are covered by the warranty as staled by the manufacturer. ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE ARE HEREBY DISCLAIMED. THE FOREGOING
EXPRESSES ALL OF CONTRACTORNENDOR'S OBLIGATIONS AND LIABILITIES WITH RESPECT TO THE PRODUCTS FURNISHED BY IT HEREUNDER.
4. Insuranoa It lndamnlfi tine. Notwithstanding anything to the contrary set forth in the Agreement, CONTRACTORIVENDOR's obligation to(!) maintain insurance
shall be limited to the types and amounts of coverage set forth on the carlificate of insurance submitted by CONTRACTORNENDOR and (o) indemnification &$igatiorrs, of
CONTRACTORNENDORintheAgreeimentshahapplyonlyifCONTRACTOR/VENDORhasbeentimelynotifiedin,writingand kathe extent that CONTRACTORNENDOR"s
acts or omissions are the proximate cause of any claims, liability, losses, costs, expenses or damages (collectively, 'Claiml. CONTRACTORNENDOR shag have no
obligation to indemnify any party to the extent any Claim is caused by the acts or omissions of the CITY or other parties not related to CONTRACTORNENDOR. If a Claim
occurs which is covered by CONTRACTORIVENDOR's indemnification obligations, CONTRACTORNENDOR shall have sole control of the defense, settlement or other
compromise of such Claim and the CITY shall reasonably cooperate with CONTRACTORNENDOR in the defense of such Claim.
5. Limitation of LI�)itty. In no event shall CONTRACTORNENDOR be liable for any indirect damages of any kind, including without limitation,
consequential damages, lost profits, lost savings or other economic losses, incldeatal damages, or punitive damages or for cover damages, even if such
damages are foreseeable or CONTRACTOWVENDOR has been advised of the possibility of such damages. In no event shall the aggregate liability of
CONTRACTORNENDOR arising from or related to the Agreement exceed the amounts paid by CONTRACTORNENDOR, howsoever arising and irrespective of
the type of Claim.
6. Bonds. Should Contractor opt for a Bond(s) as described in this section, Contractor shall pay ASSA ABLOY Entrance Systems US Inc.'s direct cost for such
bond(s).
7. gLedot6oLnCurn, The parties expressly agree that the terms and conditions contained in this Addendum shall supersede and control over any conflicting
provisions in the Agreement
IN WITNESS WHEREOF, the parties have entered into this Addendum as of the dale written below.
CONTRACTORNENDOR: The CITY:
ASSA ABLOY Entrance Systems US Inc. Cry of Saguando
7zm"bu Pr
Signature/ Signature
Ruby Pringle )'Contract mama err
Print Narri
MW2Q?2
Date
Revised 7r2019
Elias Sassoon, Director of Public Works
Print Namerrtie
Date
besam ra'�
ASSA AEUN
f�� 7 McB�oaon
A%A ABLM
City of El Segundo
Annual Inspection
Agreement No. 6487
City of El Segundo
Attn: Accounts Payable
Jorge Prado
350 Main Street
El Segundo, CA 90245
AAES Performance Maintenance Services
On behalf of ASSA ABLOY Entrance Systems, I am pleased to submit AAES Pro -Active Care plan
proposals for your Automatic Doors.
AAES Service is fast, convenient and cost-effective. Our Pro -Active Care plans will keep your
entrances performing optimally while protecting your investment. Regular planned maintenance
extends the lifetime of your entrance and prevents unexpected breakdowns; it also insures energy -
saving benefits from your entrances.
AAES knows that your automatic entrances are important to your business. Regular maintenance
ensures peak performance so that all doors are in compliance with local safety standards in all kinds
of applications. The AAADM (American Association of Automatic Door manufacturers) Certification
that we perform on every door during our Planned Maintenance will reduce your exposure to liability
issues, and demonstrate that you are doing everything possible to maintain a safe environment for
your customers and employees.
Our programs are designed to assist you in reducing your expenditures and controlling your budget.
Customers with a AAES Pro -Active Care plan for their entrances instantly become AAES PREFERRED
and enjoy a variety of benefits.
If you would like to go ahead with one of these Pro -Active Care plan options please return one (1)
fully executed agreement to my attention via mail, fax or email. If you should have any additional
questions or problems please do not hesitate to contact me.
Kind Regards,
Jennifer MacIsaac
Regional Service Contract Representative
Jennifer.MacIsaac@assaabloy.com
714-397-9716
Agreement No. 6487
Annual Silver
Address City of El Segundo
Attn: Accounts Payable
350 Main Street
El Segundo, CA 90245
1 service visit per door per annum
. No charges for priority call outs or labour
w Discounted rates on parts (if required)
Site Address: City of El Segundo, 350 Main Street, Ell Segundo, CA 90245
Door Number
Door Location
Door Type
Annual Visits
Price
757659-1
Police Station
Non Class Horton
1
$331.43
Product
761151
Civic Center
Horton Slider
1
$331.43
836558
City hall lobby
Horton Slider
1
$331.43
ADC111031
Front entrance
Other Competitor
1
$331.43
Swinger
Price $1,325.72
Site Address: Ell Segundo Police Dept, 348 Main St, El Segundo, CA 90245
Door Number Door Location Door Type Annual Visits Price
757659 Front wty 06-097-la Non Class Horton 1 $331.43
Product
Price $331.43
Site Address: El Segundo Public Library, 111 Mariposa Avenue, Ell Segundo, CA 90245
Door Number
Door Location
Door Type Annual Visits
Price
750249
Main entrance
Horton Slider 1
$331.42
Price $331.42
Site Address: Josyln Center, 339 Sheldon Street, El Segundo, CA 90245
Door Number
Door Location
Door Type Annual Visits
Price
750250
Front Entrance
Horton Swinger 1
$331.43
Price $331.43
Annual Price Excluding Tax: $2,320.00
Payment Terms: Net 30 Days
Discount: 5% on Parts and Labor
This agreement is effective for one (1) year starting the first day of the month following the month
of acceptance and is non -cancelable, except with thirty (30) days written notice for reasons of non-
performance. To ensure continuous service, this agreement will be automatically renewed for
successive one (1) year periods, unless either party timely serves written notice upon the other
party of its intention to cancel at least ninety (90) days before the end of the initial one (1) year
period, or ninety (90) days before the end of any subsequent one (1) year renewal period. Notice
shall be sent by certified mail, return receipt requested. Billing will be made annually upon
acceptanceoftheagreement.
Agreement No. 6487__
Print Name:
Contactphonenumber:.,,,..ITIT____ __
EmailAddresst:
PurchaseOrderNumber:
Tax Exempt: Yes [ ] No [ ]
CUSTOMER ACCEPTANCE FORM.
CustomerSignature:
Date:
If Yes Please Include A Copy of the Tax Exempt Certificate
Invoice Address:
Agreement No. 6487
Annual Silver
This contract will automatically renew on its anniversary until terminated by either party by serving
90 days written notice per the renewal date of this agreement.
Renewal invoice will be issued 90 days ahead of renewal. Renewal will not commence until payment
hasbeenreceived.
ServiceContractsaretobepaidannuallyinadvance.
Customer will benefit from Contracted Labor Rates as issued in this contract and will continue to
benefit from the annually issued contracted rates as long as this contract is renewed. (Contracted
ratesareavailableonrequestandupdatedannuallyonthelstlanuary)
ContractratesandbenefitsapplyMondaytoFriday(8amto5.30pm).
Planned Maintenance Visits will be planned to usually take place at month 3 (1 visit pa) and months
3&9(2visitspa)ofthecontractcommen cement/anniversarydate.
Visitswillnotbeconfirmedinadvanceunlessrequestedbythecustomer.
Consumable parts will be replaced as required and invoiced at ruling rates. Where parts are
specificallyorderedthenare-visitcalloutchargewillbeapplicable.
Your Contracted parts cost reduction percentage has been set at ?Parts Discount% based on our
annualestimationofyourspend,thiswillbereviewedannually.
CustomerswillbeexpectedtosigntheengineersPDAuponcompletionofmaintenanceandrepairs.
Copies of the electronic signed worksheet will be supplied by e-mail if requested. Customers should
supplyanemailad dressforelectronicworksheets.
Special visits agreed with customers for the purpose of "quoting work" or any other type of activity
that is not part of the standard contract will be charged at the total Travel and Onsite time taken by
theengineerincompletingthistaskmultipliedbytheagreedcontractedhourlyrates,
Extra works found at time of servicing would be advised and quoted for accordingly. On all occasions
ourengineerwillattempttogetworksauthorizedandcompletedduringthesamevisit.
All work carried out will be to AAES Terms & Conditions of sale. Please contact us to view our full
termsandconditions.
Allpricesa resu bjecttoVATattherul ingrate.
Any changes required in relation to contract terms and conditions must be made in writing to AAES
Limited.
AAES Limited is not responsible for door leaves, locks framing or glazing, unless agreed in writing.
Agreement No. 6487
Alternative Option
Annual Bronze
Address City of El Segundo
Attn: Accounts Payable
350 Main Street
El Segundo, CA 90245
• OnePlannedMaintenanceandAAADMInspection peryear
• Discounted rates on Parts, Labor and Travel
• Priority Dispatching
Site Address: City of Ell Segundo, 350 Main Street, El Segundo, CA 90245
Door Number Door Location Door Type Annual Visits
Price
757659-1 Police Station Non Class Horton 1
$129.00
Product
761151 Civic Center Horton Slider 1
$129.00
836558 City hall lobby Horton Slider 1
$129.00
ADC111031 Front entrance Other Competitor 1
$129.00
Swinger
Price $516.00
Site Address: Ell Segundo Police Dept, 348 Main St, El Segundo, CA 90245
Door Number Door Location Door Type Annual Visits Price
757659 Front wty 06-097-la Non Class Horton 1 $129.00
Product
Price $129.00
Site Address: Ell Segundo Public Library, 111 Mariposa Avenue, El Segundo, CA 90245
Door Number
Door Location
Door Type Annual Visits
Price
750249
Main entrance
Horton Slider 1
$129.00
Price $129.00
Site Address: ]osyln Center, 339 Sheldon Street, El Segundo, CA 90245
Door Number
Door Location
Door Type Annual Visits
Price
750250
Front Entrance
Horton Swinger 1
$129.00
Price $129.00
Annual Price Excluding Tax: $903.00
Payment Terms: Net 30 Days
Discount: 5% on Parts and Labor
Agreement No. 6487_
This agreement is effective for one (1) year starting the first day of the month following the month of
acceptance and is non -cancelable, except with thirty (30) days written notice for reasons of non-
performance. To ensure continuous service, this agreement will be automatically renewed for
successive one (1) year periods, unless either party timely serves written notice upon the other party
of its intention to cancel at least ninety (90) days before the end of the initial one (1) year period, or
ninety (90) days before the end of any subsequent one (1) year renewal period. Notice shall be sent
by certified mail, return receipt requested. Billing will be made annually upon acceptance of the
agreement.
Print Name:
CustomerSignature:
Contactphonenumber:.............................._..
EmailAddresst
PurchaseOrderNumber: Date:
Tax Exempt: Yes [ ] No [ ]
If Yes Please Include A Copy of the Tax Exempt Certificate
Invoice Address:
Agreement No. 6487_
Annual Bronze
1. AAES will perform the specified number of Planned Maintenance (PM) exams annually to inspect,
clean, lubricate and adjust the covered equipment. During the exams, should it be determined that
any parts need replacement, the cost thereof, including installation labor, shall be billed separately.
Further, during one of the PM exams, AAES will perform an inspection on all covered automatic
sliding and swinging doors per the guidelines of the American Association of Automatic Door
Manufacturers (AAADM).
2. Any and all service calls required in addition to the PM exams provided will be billable at current
rates as outlined in paragraphs 17, 18, and 19. All additional calls will be completed on a scheduled
basis in accordance with standard practices.
3. Emergency service calls will be given priority. An emergency service call is one in which the
situation meets one of the following conditions: A) The door is unsafe. B) The door cannot be closed
and secured and causes a security problem. C) The safety device is inoperative. An additional charge
(as stated in Paragraph 2) will be made for service calls outside normal business (8 a.m. to 5 p.m.
Monday thru Friday) to compensate for premium labor costs providing the Owner specifically
requests such service be performed.
4. This agreement excludes parts, labor and travel for automatic door service. All parts, travel and
labor will be discounted off manufacturer's suggested retail price and current billing rates.
5. It is the Owner's responsibility to notify AAES if an unsafe condition exists, to disable any door
that is operating in an unsafe manner and to provide AAES with twenty four (24) hours written
notice of any accident, alteration or change affecting the equipment. AAES will not be held
responsible for any damages, injuries and liability as a result of the Owner's failure to fulfill its
responsibilities. It is the Owner's responsibility to perform the daily safety checklist that was
provided by the door manufacturer at the time of purchase
6. New installed AAES parts are covered (unless otherwise stated) by a one (1) year limited warranty
against failure due to substandard material and workmanship, pursuant to which AAES's sole
obligation shall be to repair or replace such parts. Rebuilt parts are covered by a ninety (90) day
limited warranty. All other parts are covered by the warranty as stated by the manufacturer.
7. This agreement is effective on the first day of the month following the month of acceptance and is
non -cancelable, except with thirty (30) days written notice for reasons of non-performance. To
ensure continuous service, this agreement will automatically renew for successive specified periods,
unless either party timely serves written notice upon the other party of its intention to cancel at least
ninety (90) days before the end of the initial period, or ninety (90) days before the end of any
subsequent renewal period. Notice shall be sent by certified mail, return receipt requested. Time is
of the essence.
8. Non-performance. "Non-performance" is defined as our inability to remedy any deficiencies within
thirty (30) days after receiving written notification from Owner.
9. The price for the services as stated in this agreement exclude taxes. Billing is payable upon
receipt of the invoice. Charges for parts and labor not included in this agreement will be billed on an
"as needed" basis. Non-payment by the Purchaser of any monies owing under this agreement shall
result in the accrual of interest on the delinquent monies at the maximum rate allowable by law.
10. Annual price adjustments. We will adjust your price and standard billing rates based on the
percentage change in the average rate paid to Automatic Door technicians. This rate consists of the
hourly rate paid to our technicians plus fringe benefits.
11. Should the Owner's acceptance be in the form of a purchase order or similar document, the
provisions, terms and conditions of this agreement will govern in the event of a conflict.
12. You agree not to perform or permit others to make alterations, additions, adjustments, or repairs
or replace any component or part of the equipment during the term of this agreement.
13. All payments are due within thirty (30) days of invoice date. In the event legal or other action is
instituted by the AAES to collect any money due it under this contract or damages for its breach, it
shall be entitled to recover all third party collection expenses, legal fees and costs incurred by it with
Agreement No. 6487_
interest in conjunction with such action whether or not a lawsuit is filed or concluded.
14. AAES reserves the right to terminate this agreement at any time by notice in writing should
payments not be made in accordance with the terms stated herein.
15. AAES agrees to defend, through counsel of AAES's choice, and indemnify Owner for claims,
damages, or suits for personal injury (including death) or property damage arising out of an accident
which occurs during the period that this Agreement is in effect and involving an automatic door
covered by this Agreement, but only to the extent that the accident was caused by the negligent act
or omission of AAES's workmen or employees, or by a defect in materials supplied by AAES and only
if no service, maintenance or repair has been performed on the automatic door involved in the
accident by the Owner or by any person or company other than AAES. Owner shall fully cooperate
with AAES in the investigation and defense of any claim or lawsuit to which this indemnity provision
applies. AAES shall not be required to defend or indemnify Owner for any negligence, act, omission,
willful misconduct or other fault of any nature of Owner or Owner's employees or agents. AAES is
solely responsible for any claim by AAES's employees in respect to worker's compensation laws and
AAES will hold Owner harmless in respect to any claim made by any employee of AAES under
worker's compensation laws. AAES will indemnify and save Owner harmless from any and all liability
arising from any claims or suits alleging unfair competition or infringement of any Letters Patent,
Trademarks, and Copyrights regarding products or services provided by AAES and AAES shall
undertake at AAES's sole cost and expense the handling and defense of any such Patent, Trademark,
and Copyright claims or lawsuits.
16. Equipment added to this agreement will be billed on a pro -rated basis to coincide with the
anniversary date of this agreement.
17. Charges during normal business hours for labor and travel not covered under this agreement
shall be billed at the current rate.
18. Charges for premium time —labor and travel not covered under this agreement, shall be billed at
one and one half (11/2)timesthecurrentrate —with (3) hour minimum billing.
19. Charges for Sunday and Holidays —labor and travel not covered under this agreement, shall be
two (2) times the current rate —with (3) hour minimum billing.
Agreement No. 6487
ASSA ABLOY Entrance Systems
Opening doors to business and life
ASSA ABLOY Entrance Systems' comprehensive range of entrance automation products
and solutions supports efficient and reliable entrance operation throughout any facility.
Complete entrance solutions for every building
Automatic doors
Industrial & commercial doors
High-performance doors
Hangar doors
Loading dock equipment
Service
Our team of experienced specialists offiers support
and advice throughout the whole building process.
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