Staff Report.Elevator Service Agreeement Amendment with attachmentsPREPARED BY: Daniel Keller
Facilities and Environmental Services Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/15/2021
ITEM NO: 16
DATE: June 3, 2020
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to Extend the
Agreement for Services with Elevator Service Company of Central CA, Inc. for
Four Months in the Amount of $7,560, for a Total Agreement Not to Exceed
$66,640
RECOMMENDATION:
Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services
with Elevator Service Company of Central CA, Inc. (Attachment 1) for four months in the
amount of $7,560, for a total agreement not to exceed $66,640.
BACKGROUND:
On July 1, 2018, the Town entered into an Agreement for Services with Elevator Service
Company of Central CA, Inc. to provide maintenance for five elevators in Town facilities. The
current Agreement for Services with Elevator Service Company of Central CA Inc. expires on
June 30, 2021.
DISCUSSION:
The Town has five elevators located in the following Town facilities: Library, New Museum, and
Adult Recreation Center. Elevators require scheduled inspections, testing, maintenance, and
repairs. Having an elevator service agreement is imperative for safe operation of Town
elevators. Staff recommends funding an extension of four months to allow sufficient time to
obtain multiple competitive bids for the ongoing provision of this service.
PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to Extend the
Agreement for Services with Elevator Service Company of Central CA, Inc. for
Four Months in the Amount of $7,560, for a Total Agreement Not to Exceed
$66,640
DATE: June 3, 2021
CONCLUSION:
Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services
with Elevator Service Company of Central CA, Inc. for four months in the amount of $7,560, for
a total agreement not to exceed $66,640.
FISCAL IMPACT:
There is sufficient funding in the Facilities Program to cover elevator maintenance services cost
for this extension.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Second Amendment to Agreement for Services
2. Original Agreement including First Amendment
Elevator Service Company of Central CA, Inc. - Second Amendment ATTACHMENT 1
Page 1 of 2
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
This SECOND AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this
1stth day of June 2021 and amends that certain First Amendment to Agreement for Services dated
February 18, 2020, made by and between the Town of Los Gatos, ("Town,") and Elevator Service
Company of Central CA, Inc. (“Service Provider”).
RECITALS
A. Town and Service Provider entered into an Agreement for Services on July 1, 2018,
(“Agreement”), and a First Amendment to Agreement for Services on February 20, 2020,
(“Agreement”), a copy of which is attached hereto and incorporated by reference as
Attachment 1 to this Amendment.
B. Town desires to amend the Agreement for Services to extend the term of agreement and
increase compensation for the Scope of Services for Fiscal Year 2021/22.
AMENDMENT
1. 2.2 Term and Time of Performance is amended to read:
This agreement term shall continue through October 31, 2021.
2. 2.6 Compensation is amended as described below:
Compensation for July 1, 2021 through October 31, 2021 (FY 2021/22) shall be:
Preventative = $875 x 4 months ($3,500) + Unforeseen = $1,015 x 4 months ($4,060)
For a total not to exceed $7,560.
Total agreement not to exceed $66,640
(Prior agreements = $59,080 + Second Amendment = $7,360)
3. All other terms and conditions of the Agreement remain in full force and effect.
Elevator Service Company of Central CA, Inc. - Second Amendment ATTACHMENT 1
Page 2 of 2
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos Service Provider by:
By: _______________________________ _____________________________
Laurel Prevetti, Town Manager
_____________________________
Department Approval: Title
_______________________________________
Matt Morley
Director of Parks and Public Works
Approved as to Form:
s Gatos, California
______________________________
Robert Schultz, Town Attorney
Attest:
______________________________
Shelley Neis, MMC, CPMC, Town Clerk
AGR o20.032
IHH
FIRST AMENDMENT TO AGREEMENT FOR SERVICES
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 18rh day of
February 2020 and amends that certain agreement for Agreement for Services dated July 1, 2018,
made by and between the Town of Los Gatos, ("Town,") and Elevator Service Company of Central
CA, Inc. ("Service Provider").
RECITALS
A. Town and Service Provider entered into an Agreement for Services on July 1, 2018,
Agreement'), a copy of which is attached hereto and incorporated by reference as
Exhibit A to this Amendment.
B. Town desires to amend the Agreement for Services to increase compensation for the
Scope of Services.
AMENDMENT
1. 2.6 Compensation is amended as described below:
Original Agreement
Preventative Unforeseen
FY2018/19: $825 x 12 months ($9,900) + $5,000 annually = $14,900
FY2019/20: $825 x 12 months ($9,900) + $5,000 annually = $14,900
FY2020/21: $825 x 12 months ($9,900) + $5,000 annually = $14,900
Total agreement not to exceed $44,700
Effective March 1, 2020:
First Amendment to Agreement
Preventative Unforeseen
FY2018/19: $825 x 12 months ($9,900) + $5,000 annually = $14,900
FY2019/20: $825 x 12 months ($9,900) + $12,190 annually = $22,090
FY2020/21: $825 x 12 months ($9,900) + $12, 190 annually = $22,090
Total agreement not to exceed $59,080
Compensation for year two shall not exceed $22,090. Compensation for future years will
be the base cost of $22,090 and shall be adjusted upward annually for the remaining term
of this agreement by the change, if any, in the San Francisco -Oakland -San Jose
Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The
adjustment shall be based upon the CPI published on December 31 of the preceding
Elevator Service Company of Central CA, Inc. - First Amendment
Page 1 of 2
ATTACHMENT 2
year. If the CPI indicates a downward adjustment, compensation would remain at the
base amount. Payment shall be based upon Town approval of each task.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos
By 40
Laurel Prevetti, Town Manager
Department Approval:
Matt Morley
Director of Parks and Public Works
Approved as to Form:
Robert Sch Itz, Town Attorney
Elevator Service Company of Central CA, Inc. - First Amendment
Page 2 of 2
Service Provider by:
Jennifer Tanner / Office Manager_
alf aitle
Attest:
k' Lr lr,[-r-)Q0
Shelley Neis, NRIC, Town Clerk
AGR 1S,,Q a
IHH
AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this I` of July 2018, and is made by and between
TOWN OF LOS GATOS, a California municipal corporation, ("Town") and Elevator Service
Company of Central California, Inc. (`Service Provider"), whose address is 2636 S. Rodeo Gulch
Road B, Soquel, CA 95073. This Agreement is made with reference to the following facts.
1. RECITALS
1.1 Town sought quotations for the services described in this Agreement, and Service Provider
was found to be the lowest responsible supplier for this purchase.
1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant
to this Agreement.
1.3 Town desires to engage Service Provider to provide Traction and Hydraulic Elevator
Lubrication and Inspection services.
1.4 Service Provider warrants it possesses the distinct professional skills, qualifications,
experience, and resources necessary to timely perform the services described in this
Agreement. Service Provider acknowledges Town has relied upon these warranties to retain
Service Provider.
11. AGREEMENT
2.1 Scope of Services. Service Provider shall provide services as described in that certain
Proposal sent to the Town on June 28, 2018, which is hereby incorporated by reference and
attached as Exhibit A.
2.2 Term and Time of Performance. The effective date of this Agreement shall begin on July 1,
2018 and will continue through June 30, 2021, subject to appropriation of funds,
notwithstanding any other provision in this agreement.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Service Provider
represents and warrants to Town that it has all licenses, permits, qualifications and approvals
ofwhatsoever nature which are legally required for Service Provider to practice its profession.
Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14
of the Code of the Town of Los Gatos.
2.4 Sole Responsibilit . Service Provider shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and
all reports and supportive data prepared by the Service Provider under this Agreement are the
Town's property and shall be delivered to the Town upon the completion of services or at the
Elevator Service Co. of Central California, Inc. Agreement for Services 2018-2021
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EXHIBIT A
Town's written request. All reports, information, data, and exhibits prepared or assembled by
Service Provider in connection with the performance of its services pursuant to this
Agreement are confidential until released by the Town to the public, and the Service Provider
shall not make any of the these documents or information available to any individual or
organization not employed by the Service Provider or the Town without the written consent
of the Town before such release. The Town acknowledges that the reports to be prepared by
the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined
project, and Town's use of the information contained in the reports prepared by the Service
Provider in connection with other projects shall be solely at Town's risk, unless Service
Provider expressly consents to such use in writing. Town further agrees that it will not
appropriate any methodology or technique of Service Provider which is and has been
confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation:
Preventative maintenance — shall not exceed $9,900 annually ($825lmonth).
Unanticipated maintenance — shall not exceed $5,000 annually.
Compensation for year one shall not exceed $14,900*Compensation for future years will be
the base cost of $14.900 and shall be adjusted upward annually for the remaining term of this
agreement by the change, if any, in the San Francisco -Oakland -San Jose Metropolitan Area
Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be
based upon the CPI published on December 31 of the preceding year. If the CPI indicates a
downward adjustment, compensation would remain at the base amount. Payment shall be
based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by whom
at what rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Service Provider shall maintain the records supporting this billing
for not less than three years following completion of the work under this Agreement. Service
Provider shall make these records available to authorized personnel of the Town at the Service
Provider offices during business hours upon written request ofthe Town.
Elevator Service Co. of Central California. Inc. Agreement for Services 2018-2021
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2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Service Provider. No portion of these services shall be assigned
or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Service Provider, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor and
not an agent or employee of the Town. As an independent contractor he/she shall not obtain
any rights to retirement benefits or other benefits which accrue to Town employee(s). With
prior written consent, the Service Provider may perform some obligations under this
Agreement by subcontracting, but may not delegate ultimate responsibility for performance
or assign or transfer interests under this Agreement. Service Provider agrees to testify in any
litigation brought regarding the subject of the work to be performed under this Agreement.
Service Provider shall be compensated for its costs and expenses in preparing for, traveling
to, and testifying in such matters at its then current hourly rates of compensation, unless such
litigation is brought by Service Provider or is based on allegations of Service Provider's
negligent performance or wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are
solely to the Town. The Service Provider has and shall not obtain any holding or interest
within the Town of Los Gatos. Service Provider has no business holdings or agreements with
any individual member of the Staff or management of the Town or its representatives nor
shall it enter into any such holdings or agreements. In addition, Service Provider warrants
that it does not presently and shall not acquire any direct or indirect interest adverse to those
of the Town in the subject ofthis Agreement, and it shall immediately disassociate itself from
such an interest, should it discover it has done so and shall, at the Town's sole discretion,
divest itself of such interest. Service Provider shall not knowingly and shall take reasonable
steps to ensure that it does not employ a person having such an interest in this performance
of this Agreement. If after employment of a person Service Provider discovers it has
employed a person with a direct or indirect interest that would conflict with its performance
of this Agreement Service Provider shall promptly notify Town of this employment
relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Service Provider nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex, color,
race, marital status, sexual orientation, ancestry, physical or mental disability, national origin,
religion, or medical condition, unless based upon a bona fide occupational qualification
pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
Service Provider agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
Elevator Service Co. of Central California. Inc. Agreement for Services 2018-2021
Page 3 of 7
amount not less than: one million dollars ($1,000,000) combined single limit
per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the contract,
an Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single limit
per accident for bodily injury and property damage.
iii. Service Provider shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Service Provider agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
General Liability:
The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Service Provider; products and completed operations of Service
Provider, premises owned or used by the Service Provider.
The Service Provider's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees and volunteers. Any
insurance or self -insurances maintained by the Town, its officers, officials,
employees or volunteers shall be excess of the Service Provider's insurance
and shall not contribute with it.
iii. Any failure to comply with reporting provisions ofthe policies shall not affect
coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has been
given to the Town. Current certification of such insurance shall be kept on file at all times
during the term of this agreement with the Town Clerk.
3.3 Workers' Compensation. In addition to these policies, Service Provider shall have and
maintain Workers' Compensation insurance as required by California law and shall provide
evidence of such policy to the Town before beginning services under this Agreement. Further,
Service Provider shall ensure that all subcontractors employed by Service Provider provide
the required Workers' Compensation insurance for their respective employees.
Elevator service Co. of Central California, Inc. Agreement for Services 2018-2021
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3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and
defend the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
ofdamages to property or personal injury received by reason of, or in the course ofperforming
work which may be occasioned by a willful or negligent act or omissions of the Service
Provider, or any ofthe Service Provider's officers, employees, or agents or any subcontractor.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall
operate as a waiver of any other right or remedy that party may have hereunder, nor does
waiver of a breach or default under this Agreement constitute a continuing waiver of a
subsequent breach of the same or any other provision of this Agreement.
4.2 Govemina Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court ofthe County of Santa Clara.
4.3 Termination of Agreement. The Town and the Service Provider shall have the right to
terminate this agreement with or without cause by giving not less than fifteen days (15)
written notice of termination. In the event oftermination, the Service Provider shall deliver
to the Town all plans, files, documents, reports, performed to date by the Service Provider.
In the event of such termination, Town shall pay Service Provider an amount that bears the
same ratio to the maximum contract price as the work delivered to the Town bears to
completed services contemplated under this Agreement, unless such termination is made for
cause, in which event, compensation, if any, shall be adjusted in light of the particular facts
and circumstances involved in such termination.
4.4 Prevailing Wages. In accordance with the provisions of Sections 1770 et seq., of the Labor
Code, the Director of the Industrial Relations of the State of California has determined the
general prevailing rate of wages applicable to the work to be done. Service Provider will be
required to pay to all persons employed on the project by the Service Provider sums not less
than the sums set forth in the documents entitled "General Prevailing Wage Determination
made by the Director of Industrial Relations pursuant to California Labor Code, part 7,
Chapter 1, Article 2, Sections 1770, 1773, 1773.L" These documents may be obtained from
the State of California.
Pursuant to Labor Code section 1725.5, no contractor or subcontractor may be awarded a
contract for public works on a public works project unless registered with the Department of
Industrial Relations.
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations and/or the Town of Los Gatos.
The Contractor is required to post notices on Public Works requirements.
Elevator Service Co. of Central California. Inc. Agreement for services 2018-2021
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4.5 Amendment. No modification, waiver, mutual termination, or amendment ofthis Agreement
is effective unless made in writing and signed by the Town and the Service Provider.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos Elevator Service Co. of Central CA, Inc.
Attn: Town Clerk 2636 S. Rodeo Gulch Road B
110 E. Main Street Soquel, CA 95073
Los Gatos, CA 95030
or personally delivered to Service Provider to such address or such other address as
Service Provider designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall prevail
over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Service Provider. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
Elevator Service Co. of Central California. Inc. Agreement fix Services 2019-2021
Page 6 of 7
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by: Elevator Service Co. of Centr CA, Inc.., by:
Laurel Prevetti.Tanager
41
Title
Approved as to Form:
Robert Schultz, o m ,Attorney
Attest:
01:_I 1ShelleyNeis, CCTownCler Adn nistrator Eleraurt
Service C., of C'annal California, Inc. Agreement tiff Snvicei 2018-2021 Page
7 of 7
TRACTION AND HYDRAULIC ELEVATOR
LUBRICATION & INSPECTION AGREEMENT
DATED: June 28. 2018
TO: Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos. CA 95030
Attn: Jim Harbin
WE PROPOSE to Lubricate and Inspect on the following described equipment:
Two (3) Oil Hydraulic Passenger Elevators, One (1) Dumbwaiter and Two (2) Traction Passenger Elevators
AT: (2) Tractions (2) Hydraulic Elevator, (1) Dumbwaiter (1) Hydraulic Elevator
100 Villa Ave. 110 E. Main St. 208 Main St.
Los Gatos, CA Los Gatos, CA Los Gatos, CA
ESCCC and Purchaser, in consideration of the terms set forth herein, agree as follows:
CONTRACT PRICE:
Eight Hundred Twenty -Five Dollars and 001100 cents ($825.00) per month
UNDER THIS AGREEMENT
We will maintain the equipment herein described on the following terms and conditions:
WE WILL USE:
Trained personnel directly employed and supervised by us.
WE WILL:
NO WORK
Regularly examine and lubricate as requires: beanng: hydraulic and traction machines, selectors,
governors, tension frame sheaves, signal devices, interlocks and controller. We will also examine and
lubricate as required car and counterweight guide rails and make necessary minor adjustments, not
requiring disassembly of the unit, at the time of our regular examination. We will furnish the necessary
oils and greases, with the exception of hydraulic transmission fluid. Perform monthly fire recall test and
logs
Parts or supplies, except those specified herein, will be furnished under this agreement. All
work is to be performed during regular working hours of regular working days of the elevator
trade. In the event that call back service, parts replacement or repairs should be required, you will
be billed for labor and material at our regular billing rate.
IT IS AGREED:
In consideration of our performance of the service enumerated herein at the price stated, that nothing
shall be construed to mean that we assume any liability on account of accidents or injury to persons or
property. except those directly due to our negligent acts or omissions or those of our employees; and that
EXHIBIT A
your own responsibility for accidents or injuries to persons or property related to the subject equipment is
in no way affected by this agreement.
We shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control
including, but not limited to acts of government, strikes, lockouts, fire, explosion, theft, floods,
earthquake, riot, civil commotion, war, malicious mischief, misuse, or acts of nature.
YOU AGREE:
To give us written notice within twenty-four hours of any accident, alteration or change affecting the
equipment and of any change of ownership;
To immediately discontinue the equipment from service when the equipment becomes unsafe or
operates in a manner which might cause injury to a user;
To maintain surveillance of the equipment for such purpose.
HOURS OF SERVICE:
All work covered under this Agreement is to be performed during the regular working hours of regular
working days of the elevator trade, unless otherwise indicated herein.
TERM:
The service speed will be furnished from the effective date stated herein, and shall continue for an
initial, non -cancelable term of ONE (1) year thereafter. Either party may terminate this Agreement either
at the and of the initial ONE (1) year term or at the end of any subsequent ONE (1) year term by giving
the other party ninety (90) days mitten notice, via certified mail, prior to the expiration date of the
Agreement, the expiration date being ONE (1) year from the effective date of this Agreement or ONE (1)
year from the effective date of any subsequent renewal term.
Premature cancellation of this Agreement or delayed notice of wh%Uon shall constitute a material
ntrect and the entire remaining amount of tract will accelerate and become due to
SCCC as liqui ted9a ees. In the event o A ale, lease or other transfer of the ownership of the
nn equipment described herein, o`r ftla pry in which it is located, Purchaser will provide ESCCC with
thirty (30) days written notic f-19is; transaction r will notify the new Purchaser of the
existence of this erd and provide ESCCC with the ne aser's complete contract
SSCCC may, at its sole discretion, temporarily suspend upon written notice or terminate entirely upon
thirty (30) days written notice this Agreement at any time due to the Purchasers breach of contract. In
the event of circumstances presenting a safety hazard to the riding public or ESCCC'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), ESCCC may immediately terminate this
Agreement in its entirety upon written notice.
PRICE ADJUSTMENTS:
The price will be adjusted annually on January 1 of each year of the Agreement. The payment
adjustment will reflect the increase or decrease in labor costs.
Current Hourly Rate: $325,00 As of January 2018
LABOR:
100% of the current price will be increased or decreased by the percent increase or decrease in the
straight time hourly labor cost. The straight time labor cost is the sum of the straight time hourly rate plus
the cost of fringe benefits (including but not limited to welfare, pension, vacations, paid holidays,
insurance, and other union contributions) paid to elevator examiners in the locality the equipment is
maintained.
ESCCC:
Reserves the right to additionally adjust the contract price under extraordinary circumstances if the cost
of fuel (based on the Producer Price Index of Commodities for Gasoline), insurance or other
administrative expenses increase.
TERMS: T
Pay ents are due within ten (10) days of date of invoice. A delinquent payment ch rge-el% % per
month — such rate is usurious then at the maximum rate under apt aw, shall be applied to
delinquent pbymonts. In the event of default of the pa nns, Purchaser agrees to pay the
defaulted amount, a mey, fees, collection, and osls. Failure to pay any sum due by Purchaser
within sixty (60) days will be a ma e . ESCCC may declare all sums due or to become due for
the unexpired tens immediate and paya ' ' ated damages, and until the same are paid,
ESCCC may suspen ice, and be discharged from further Uojs under the contract. If ESCCC
exercises its to suspend service, ESCCC shall not be responsible foo iNucl or damage resulting
from t ck of service. When service is resumed, Purchaser will be responsible ffor'anyVosts ESCCC
i rs as a result of the lapse in service, including inspection and repairs.
These payment terms shall also be applicable to any charges for work outside the scope of this
Agreement.
THIS SERVICE SHALL COMMENCE on the day of 2018,
PURCHASER:
Accepted in Duplicate:
Elevator Service Co. of Central California, Inc.:
By:
Melissa Eastman / Contract Specialist