HomeMy WebLinkAboutContract 2339 , ........ .
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TK -12 -1432
Purchaser: City of Columbia Heights
530 Mill Street NE
Columbia Heights, MN 55421
Hereinafter referred to as "Purchaser ", "you', and "your ".
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Location: Columbia Heights Public Safety
825 41st Avenue NE
Columbia Heights, MN 55421 5
By: ThyssenKrupp Elevator Corporation
2601 49th Avenue North, Suite 100
Minneapolis, MN 55430
Telephone: (612)588- 7844Ext 2014, (612)366 -0933
Fax: (612)588 -8221
E -Mail: melvin.smith @thyssenkrupp.com
Internet: www.thyssenkruppelevator.com
Hereinafter referred to as "ThyssenKrupp Elevator Corporation ", "ThyssenKrupp Elevator', "we ", "us" and "our ".
BRONZE MAINTENANCE AGREEMENT
ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment described below in accordance with this agreement.
We will endeavor to provide a comprehensive maintenance program designed to protect your investment and maximize the
performance, safety, and life span of the elevator equipment to be maintained.
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Equipment To Be Maintained
Building Name Unit Quantity Manufacturer Type of Unit Application of Unit Unit ID or Serial #
City of Columbia Heights 2 MN Elevator Hydraulic Passenger HP2265 -66 k
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ThyssenKrupp Elevator : -
Americas Business Unit ..
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ThyssenKrupp
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Limited Preventative Maintenance Program
We will service your elevator equipment described in this agreement 4 times per year. These service visits will be performed during normal
business working days and hours, which are defined as Monday through Friday, 8:00 AM to 4:30 PM (except scheduled holidays). All work
performed before or after normal business working days and hours shall be considered "Overtime ".
ThyssenKrupp Elevator will perform the following services:
o Examine your elevator equipment for optimum operation. Our examination, cleaning and lubrication will cover the following
components of your elevator system:
o Controller
o Machine
o Motor
o Interlocks
o Lubricate guide rails
o Make minor adjustments at the time of the regular examinations
Parts Repair and Replacement
Repair and /or replacement parts and labor are not included in this agreement without an additional charge. We will furnish the necessary
lubricants and cleaning materials excluding the replacement of hydraulic fluid at no additional charge.
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Maintenance Control Program
ThyssenKrupp Elevator performs service in accordance with our written Maintenance Control Program. This program meets or exceeds any and
all requirements of ASME A 17.1 -2007 Code, Section 8.6. The Maintenance Control Program includes ThyssenKrupp Elevator's Maintenance .I
Tasks & Records documentation which shall be used to record all work performed on the equipment and is provided with each controller. We do
not perform any tests unless such tests are specifically listed as included elsewhere in this agreement.
Quality Assurance
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To help increase elevator performance and decrease downtime, our technicians utilize the latest industry methods and technology available to us
for your specific brand of elevator. They will be equipped with our tools, documentation and knowledge to troubleshoot your unique system, as
well as access to a comprehensive parts replacement inventory system.
Behind our technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a team of engineers and field
support experts. Our North American technical support facilities continuously research advancements in the industry and in your equipment. 1
Also, our internal quality control program ensures optimum and reliable operation of your elevator equipment.
To assure that quality standards are being maintained, we may conduct periodic field quality audit surveys. Your dedicated ThyssenKrupp
Elevator representative will be available to discuss your elevator needs with you in all aspects of service and modernization. In addition, you may
receive recommendations for upgrades that will also provide you with budget options designed to enhance the appearance, performance and
safety of or meet Code requirements for your equipment over time.
Service Requests during Normal Working Days and Hours
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Service requests are defined as any request for dispatch of our technician to the location of the equipment covered in this agreement from one or
more of the following: you or your representative, the building or building's representative, emergency personnel, and /or passengers through the
elevator's communication device. Service requests include minor adjustments and response to emergency entrapments that can be
accomplished in two hours or less (excluding travel time) and do not include regularly scheduled maintenance visits. j
We will respond to your service requests during normal business working days and hours, as defined above, and you agree to pay all costs for
any necessary replacement parts and all labor costs including travel time, travel expenses, and time spent on the job. Such costs will be invoiced
at our standard billing rates.
Overtime Service Requests
We will respond to your overtime service requests and you agree to pay the costs for any necessary replacement parts and all labor costs
including travel time, travel expenses, and time spent on the job. Such costs wit be invoiced at our standard overtime billing rates. Overtime
service requests are performed before or after normal business working days and hours.
® SoundNet® (Check box if included)
SoundNet is ThyssenKrupp Elevator's 24 -hour telephone monitoring and emergency call service. Our representatives are trained to handle
elevator calls and they can assess the situation and quickly dispatch a technician when necessary. If needed, they can stay on the line to reassure
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a stranded passenger that help is on the way. SoundNet maintains digital recordings and computerized records of the time, date, and location of
calls received and action taken for the benefit of passengers and building owners. Special considerations regarding SoundNet are set forth below.
® Periodic Safety Testing (Check box if included)
ThyssenKrupp Elevator will test your equipment in accordance with those annual periodic testing requirements as outlined in the American
National Safety Code for Elevators and Escalators, ANSI A 17.1, which are in effect at the time this agreement is executed. In the event that the
state, city or local governing authority in which the equipment is located has adopted different requirements, ThyssenKrupp Elevator will test your
Elevator TK BA 03!0 Maintenance Agreement TK -12 -1432
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equipment in accordance with those annual periodic testing requirements in effect at the time this agreement is executed. You agree to pay for
any costs of the inspector and /or inspection fees. Special considerations regarding Periodic Safety Testing are set forth below.
Product Information. You agree to provide ThyssenKrupp Elevator with current wiring diagrams that reflect all changes, parts catalogs, and
maintenance instructions for the equipment covered by this agreement (exception: we will supply all of the above for new ThyssenKrupp elevators
at no additional cost). You agree to authorize us to produce single copies of any programmable device(s) used in the equipment for the purpose
of archival back -up of the software embodied therein. These items will remain your property.
Safety. You agree to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance
by competent personnel to detect irregularities between elevator examinations. You agree to immediately report any condition that may indicate
the need for correction before the next regular examination. You agree to immediately shut down the equipment upon manifestation of any
irregularities in either the operation or the appearance of the equipment, to immediately notify us, and to keep the equipment shut down until the
completion of any repairs. You agree to give us immediate verbal notice and written notice within ten (10) days after any occurrence or accident
in or about the elevator. You agree to provide our personnel with a safe place to work. You agree to provide a suitable machine room, including
secured doors, waterproofing, lighting, ventilation, and appropriate air temperature control to maintain that room at a temperature between 50°F
and 90°F. You also agree to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, you will
contract with others for removal and the proper handling of such liquids. We reserve the right to discontinue work in the building whenever, in our
sole opinion, our personnel do not have a safe place to work. You also agree that if ThyssenKrupp Elevator's inspection of a piece of equipment
serviced under this agreement reveals an operational problem which, in ThyssenKrupp Elevator's sole judgment, jeopardizes the safety of the z=
riding public, ThyssenKrupp Elevator may shut down the equipment until such time as the operational problem is resolved. In that event,
ThyssenKrupp Elevator will immediately advise you in writing of such action, the reason for such action, and whether any proposed solution is
covered by the terms of this agreement.
Other, You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part of the
equipment during the term of this agreement. You agree to accept our judgment as to the means and methods employed by us for any corrective
work under this agreement. Since ThyssenKrupp Elevator's top priority is the satisfaction of its customers, if you should have any concern(s) with
the means and methods used to maintain or repair the equipment covered under this agreement, you agree to provide us with written notice of
that concern and give us thirty (30) days to respond either in writing or commence action to appropriately resolve it.
In the event of the sale, lease or other transfer of the ownership or management of the premises in which the elevator(s) or equipment described
herein are located, you agree to see that such transferee is made aware of this agreement and agrees to assume and /or be bound by the
conditions hereof for the balance of the unexpired term of this agreement. Should the transferee fail to assume this agreement, you shall remain
liable for all unpaid amounts, including those owed for the balance of the current unexpired term of this agreement.
In consideration of ThyssenKrupp Elevator performing the services herein specified, you expressly agree to indemnify, defend, save harmless,
discharge, release and forever acquit ThyssenKrupp Elevator Corporation, our employees, officers, agents, affiliates, and subsidiaries from and
against any and all claims, demands, suits, and proceedings brought against ThyssenKrupp Elevator, our employees, officers, agents, affiliates
and subsidiaries for loss, property damage (including damage to the equipment which is the subject matter of this agreement), personal injury or
death that are alleged to have been caused by the Purchaser or any others in connection with the presence, use, misuse, maintenance,
installation, removal, manufacture, design, operation or condition of the equipment covered by this agreement, or the associated areas
surrounding such equipment. Your duty to indemnify does not apply to the extent that the loss, property damage (including damage to the
equipment which is the subject matter of this agreement), personal Injury or death is determined to be caused by or resulting from the negligence
of ThyssenKrupp Elevator and /or our employees, You recognize that your obligation to ThyssenKrupp Elevator under this clause includes
payment of all attorney's fees, court costs, judgments, settlements, interest and any other expenses of litigation arising out of such claims or
lawsuits.
Insurance. You expressly agree to name ThyssenKrupp Elevator Corporation along with its officers, agents, affiliates and subsidiaries as
additional insureds in your liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure ThyssenKrupp Elevator
Corporation, along with its officers, agents, affiliates and subsidiaries for those claims and /or losses referenced in the above paragraph, and for
claims and/or or losses arising from the sole negligence or responsibility of ThyssenKrupp Elevator Corporation and /or its officers, agents,
affiliates and subsidiaries. Such insurance must specify that its coverage is primary and non - contributory. You hereby waive the right of
subrogation.
Items Not Covered. We do not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing,
repairing, or replacement of the cab enclosure, ceiling frames, panels, and /or fixtures, hoistway door panels, door frames, swing door hinges and
closing devices, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to
controller, below ground or unexposed hydraulic elevator system, including but not limited to, jack cylinder, piston, PVC or other protective
material; below ground or unexposed piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, all communication
and entertainment devices, security systems not installed by us, batteries for emergency lighting and emergency lowering, air conditioners,
heaters, ventilation fans, pit pumps and all other items as set forth and excluded in this agreement.
Other Conditions. With the passage of time, equipment technology and designs will change. If any part or component of your equipment
covered under this agreement cannot, in our sole opinion, be safely repaired and is no longer stocked and readily available from either the
original equipment manufacturer or an aftermarket source, that part or component shall be considered obsolete. You will be responsible for all
charges associated with replacing that obsolete part or component as well as all charges required to ensure that the remainder of the equipment
is functionally compatible with that replacement part or component. In addition, we will not be required to make any changes or
recommendations in the existing design or function of the unit(s) nor will we be obligated to install new attachments or parts upon the equipment
as recommended or directed by insurance companies, governmental agencies or authorities, or any other third party. Moreover, we shall not be
obligated to service, renew, replace and /or repair the equipment due to any one or more of the following: anyone's abuse, misuse and /or
vandalism of the equipment; anyone's negligence in connection with the use or operation of the equipment; any loss of power, power
fluctuations, power failure, or power surges that in any way affect the operation of the equipment; fire, smoke, explosions, water, storms, wind,
lightening, acts of civil or military authorities, strikes, lockouts, other labor disputes, theft, riot, civil commotion, war, malicious mischief, acts of
God, or any other reason or cause beyond our control that affects the use or operation of the equipment. You expressly agree to release and
discharge us and our employees for any and all claims and /or losses (including personal injury, death and property damage, specifically including
Elevator Maintenance Agreement TK -12 -1432
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damage to the property which is the subject matter of this agreement) associated therewith or caused thereby. ThyssenKrupp Elevator shall also
automatically receive an extension of time commensurate with any delay in performance caused by or related to the aforementioned and you
expressly agree to release and discharge ThyssenKrupp Elevator from any and all claims for consequential, special or indirect damages arising
out of the performance of this agreement. In no event shall ThyssenKrupp Elevator's liability for damages arising out of this agreement exceed
the remaining unpaid installments of the current, unexpired term of this agreement.
Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKrupp Elevator assumes no
responsibility for the day -to -day operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under
the terms of this agreement until the test has been completed and the equipment passed. Should the respective system fail any of those tests, it
shall be your sole responsibility to make necessary repairs and place the equipment in a condition that we deem acceptable for further coverage
under the terms of this agreement. We shall not be liable for any damage to the building structure or the elevator resulting from the performance
of any safety tests we perform at any time under this agreement. If during the initial firefighter's service test, that feature is found to be
inoperable, you shall be responsible for all costs associated with necessary repair(s) to bring the elevator(s) into compliance with the applicable
elevator codes in your local jurisdiction.
In the event a third party is retained to enforce, construe or defend any of the terms and conditions of this agreement or to collect any monies due
hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees.
You hereby waive trial by jury. You agree that this agreement shall be construed and enforced in accordance with the laws of the state where the
equipment is located. You consent to jurisdiction of the courts, both state and Federal, of the state in which the equipment is located as to all
matters and disputes arising out of this agreement.
In the event any portion of this agreement is deemed invalid or unenforceable by a court of law, public policy or statute, such finding shall not
affect the validity or enforceability of any other portion of this agreement.
Our rights under this agreement shall be cumulative and our failure to exercise any rights given hereunder shall not operate to forfeit or waive any
of said rights and any extension, indulgence or change by us in the method, mode or manner of payment or any of its other rights shall not be
construed as a waiver of any of its rights under this agreement.
Price. The price for the services as stated in this agreement shall be One Hundred Eighty dollars ($ 180.00) per quarter, payable quarterly in
advance.
Term. This agreement is effective for three (3) years starting upon acceptance and is non - cancelable. To ensure continuous service, this
agreement will be automatically renewed for successive three (3) year periods, unless either party timely serves written notice upon the other
party of its intention to cancel at least ninety (90) days but not more than 120 days before the end of the initial three (3) year period, or at least
ninety (90) days but not more than 120 days before the end of any subsequent three (3) year renewal period. Notice shall be sent by certified
mail, return receipt requested to the address set forth on page 1 of this agreement. Time is of the essence.
Annual Price Adjustments. Since our costs to provide you with the service set forth in this agreement may increase, we reserve the right to
adjust the price of our service under this agreement accordingly. In the event this occurs, we will adjust your monthly price based on the
percentage change in the average rate paid to elevator examiners. This rate paid to elevator examiners consists of the hourly rate paid to
examiners plus fringe benefits and union welfare granted in place of or in addition to the hourly rate. Fringe benefits include pensions, vacations,
paid holidays, group insurance, sickness and accident insurance, and hospital insurance. We also reserve the right to make additional
adjustment to the price of our service under this agreement and /or enact surcharges as needed to account for increased fuel prices when such
increases exceed the Consumer Price Index (CPI) current rate. We also reserve the exclusive right to make additional adjustment to the price of
our service under this agreement in the event that the equipment covered by this agreement is modified from its present state.
Early Payment Discount. You may elect to pay in advance for twelve (12) months of service described in this agreement. Such a pre-
payment entitles you to a 3% discount from the annual price in effect at the time of payment.
Overdue Invoices, A service charge of 1 /2% per month, or the highest legal rate, whichever is more, shall apply to all overdue accounts you
have with ThyssenKrupp Elevator that are in any way related to your equipment described in this agreement. If you do not pay any sum due to
ThyssenKrupp Elevator related to your equipment described in this agreement, regardless of whether it is billed pursuant to this agreement or any
other with us, within sixty (60) days from the billing date, we may also choose to do one or more of the following: 1) suspend all service until all
amounts due have been paid in full, and /or 2) declare all sums for the unexpired term of this agreement due immediately as liquidated damages
and terminate our obligations under this agreement. If ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for personal
injury, death, damage to property (including damage to the equipment that is the subject matter of this agreement) or losses of any other type or
kind that is in any way related the ThyssenKrupp Elevator's suspension of service. Upon resumption of service, you will be responsible for
payment to ThyssenKrupp Elevator for all costs we incur that result from our suspension of service and to remedy any damage caused to your •
equipment during that time. Time is of the essence.
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Acceptance. Your acceptance of this agreement and its approval by an authorized manager of ThyssenKrupp Elevator will constitute
exclusively and entirely the agreement for the services herein described. All other prior representations or agreements, whether written or verbal,
will be deemed to be merged herein and no other changes in or additions to this agreement will be recognized unless made in writing and •
properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this
agreement will govern, even in the event of a conflict. This proposal is hereby accepted in its entirety and shall constitute the entire agreement as
contemplated by you and us. This proposal is submitted for acceptance within one - hundred twenty (120) days from the Date Submitted by the
ThyssenKrupp Elevator representative indicated below. •
No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior written approval of an
authorized ThyssenKrupp Elevator manager.
Elevator Maintenance Agreement TK -12 -1432
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ThyssenKr jo . r ^ _ r City of Columbia Heights ThyssenKrupp Elevator Corporation Approval:
BY: , I , •Il By: i 1. I� By: #
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(Signature of senKrupp Eleva ..r Representative) (Signature of Authors ed 41---- (Signature of Authorized Individual)
Miti( --
Melvin Smith
(Print or Type Name) (Print or Type Name) '
Account Manager
(612)588- 7844Ext 2014 C ,07e-i /
rin or Type Title) / (Print or Type Title) d
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October 28, 2010 „Z
(Date Submitted) (Date o Approval) (Date of Approval)
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Special Considerations
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SoundNet®
Through its SoundNet communication center, ThyssenKrupp Elevator will provide 24 -hour telephone monitoring on all elevator(s) maintained
under the monitoring agreement, provided such elevators are equipped with operational telephone equipment capable of placing a call to i
SoundNet's call center. SoundNet will receive incoming emergency telephone calls from the elevator(s) and forward same to Purchaser's
designated emergency contacts. It shall be Purchaser's responsibility to submit an executed Contact Data Sheet (attached as Exhibit 1 hereto) to 4
enable this service, and to advise ThyssenKrupp Elevator immediately in writing of any changes to the emergency contacts during the term of
service. Purchaser understands that no revision to emergency contacts wit be made without ThyssenKrupp Elevator first receiving such request in
writing.
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SoundNet service does not include maintenance service for Customer's telephone equipment. Customer retains possession and control of its j
telephone equipment and is responsible for ensuring uninterrupted operation of the telephones so that they are capable of placing a call to
SoundNet's call center. SoundNet service cannot be provided without a telephone located within the elevator(s) described in this agreement that
has the calling capability described above.
ThyssenKrupp Elevator shall not be held responsible or liable for any claim, injury, delay, death or detention of loss of life, or loss of property `
resulting from telephone equipment failure, false alarms or interruption of telephone service or inaccurate data set forth in any related executed t
Contact Data Sheet. We do not assume any duty or responsibility to advise any caller to take or not take any specific action resulting from an t
emergency, perceived emergency or any other situation including, but not limited to, entrapment of persons, evacuation, repair or return to service
of any equipment.
If SoundNet is unable to reach Customer's designated emergency contacts, a service technician may be dispatched to the site at Purchaser's
expense in accordance with ThyssenKrupp Elevator's applicable billing rates. Purchaser agrees that it is within the reasonable discretion of
SoundNet service call representatives to dispatch a mechanic or contact emergency personnel if Customer's designated emergency contacts are
unavailable. Customer agrees to pay all charges for services provided by any person, organization or municipality contacted as a result of any
emergency or perceived emergency call.
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Elevator Maintenance Agreement TK -12 -1432
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Exhibit 1— Contact Data Sheet 1
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Complete Building information Complete Billing Information '•
contact Columbia Heights Public Safety Company Bill To
Name: • 7 <x ..P. )
data is Elevator: s£; 1
for the 825 41st Avenue NE Billing Address:
Branch: z''m:il°'=�� 1
building �•, 4 :.
located City, State, Zip: Service: `, �; ,
Columbia Heights, r :�
at hts MN 55421 Contract: r� '�
Attn Line: _ .,nx, : is
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Total No of Elevators in Building: ,
Elevator # Elevator Telephone Number including Area Code Elevator # Elevator Telephone Number including Area Code
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In the event of an emergency, or perceived emergency, one or more of the following are to be primary Purchaser contacts:
Contact Name Title Primary Telephone # Secondary Telephone #
1.
2.
1
3.
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4.
If unable to reach anyone at the above fisted numbers, SoundNet has the express permission of Purchaser to contact the elevator service '
company listed below.
Elevator Service Company: ThyssenKrupp Elevator Phone Number:
In the event of an Emergency or perceived emergency, SoundNet has the express permission to contact one or more of the following (911 Is not l
sufficient, local phone numbers are required):
Police Department ( ) -
Fire Department: ( ) _
Special instructions /remarks:
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It is the responsibility of Purchaser to immediately advise SoundNet In writing of any changes to the contacts or numbers listed on this Contact Data Sheet.
Purchaser agrees to pay all charges for services incurred by any person, organization or municipality as a result of any emergency or perceived emergency call. It
is also expressly and =r toed that SoundNet does not have and does not assume any duty or responsibility for any person or entity that fails to respond to any '
emergency or percei i emer. • cy situ. 'on.
ThyssenK • ':.. gorp'rat en: City of Col m.i• Heights ThyssenKrupp Elevator Corporation Approval: f
> ',•In .,!'5 � +rr l
By: , l I �1 ' " By: i / i B ?
(Signature of T , ssen Eleva ` Represents iv) (Signature of Authorized Individual) (Signature of Authorized Individual) I
i iA, 7 ,.. -54/ .
Melvin Smith (Print or Type Name) (Print or Type Name)
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Account Manager i
(612)588- 7844Ext 2014 �/ - 4, tet (/ '
rint or Type T e) (Print or Type Title)
October 28, 2010 ; 1
(Date Submitted) (Date of Approval) (Date of Approval) S
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Elevator Maintenance Agreement TK- 12.1432 s
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