Kitzmiller Mayor and Town Council Public Hearing & Meeting Minutes November 28th, 2022 Date: Monday, November28",2022. Location: Kitzmiller Elementary School Building Time: 6PM In Attendance: Mayor Robert Reckart CouncilmanG. Michael Brady Councilwoman Theresa R. Harvey Councilwoman Diane Nye-Paugh Town Clerk, Rebecca M. Glotfelty Public Hearing Called to Order at 6:30 PM Councilman Michael Hechmer (Left) Peggy Jamison Brandon Butler Dale Lipscomb Peggy. Jamison, Circuit Rider, hosted the public hearing on behalf of the Town of Kitzmiller Mayor and Council. "This meeting is being held SO the public is aware that the Town of Kitzmiller will be applying for a" "Special Project" through the Community Block Development Grant (CBDG). These are federal funds that are broken down into different categories, one of which is the Elimination of Slum & Blight. This will be the type of funding the town will be applying for. These funds will help remove some of the blighted Peggy then took the time to explain the application process and asked if there were any questions. buildings in the community." No questions were asked. Public Hearing Adjourned: 6:45 PM. Town Council Meeting Called to Order at 7:01PM. Opening prayer was led by Nancy Brady, followed by the pledge of Allegiance. In Attendance: Mayor Robert L. Reckart Councilman G. Michael Brady Councilwoman Theresa R. Harvey Councilwoman Diane Nye-Paugh Town Clerk, Rebecca M. Glotfelty Approval of Minutes from Monday, September 26th, 2022 & Monday, October 24th, 2022. Councilwoman Nye-Paugh makes a motion to accept the minutes from September 26th, 2022. Councilman Brady makes a motion to accept the minutes from October 24th, 2022.1-2. will not be published due to failure of a second. Failed motion. Councilman Harvey seconds. 3-0. Motion carries. minutes Announcements: Meeting Woodmen of the World donated 31 Brand New Flags in honor of our veterans. They asked us to put together a lunch on their behalf. With the help of The Coal Bucket Restaurant, Woodmen of the World, and Kyle Pritts, owner of Pritts Funeral Home, we were able to serve lunch to the veterans of Teresa Durst and the Veteran's Day Committee were able to serve the veterans in the area dinner with the help of several different organizations. The Mayor and Town Council received a Thank You Kitzmiller. Card for their donation to the dinners. 11 November 2022 Town Meeting Minutes Old Fashioned Christmas is planned for the evening of December gth from 6P to 8P at the Kitzmiller Brandon Butler - Kitzmiller Revitalization Grant - Presentation of Findings. Different ideas were presented to help bring in revenue to our community. The "Welcome Home" project included! 5 strategies. The First being to establish a pop-up space. This space will be providing an "incubator" to local entrepreneurs to foster microbusiness. This will bei for a short-term duration, constantly providing something new to the community: and will help with the "Stickiness" of our community and provideas space for tourist money to be spent. Strategy 2 focused on investing in outdoor recreation. With the new. Wolf Den State Park being SO close, the town allowing stickers ATVs, we are halfway there. Camping options are very limited in this area but finding the space for people to set up their RVs or a camp space could bring revenue into the town. Strategy 3 embraced our Festivals and Events. Promotion, overnight guests, attracting visitors and drawing them in gets people into our community to want to spend their money here. Embracing our seasonal festivities can help with that. Strategy 41 is Developing Housing. While we know that at one point, with the help of grants, the town was able to build two new! homes in the community. This was a great idea; it was just timing. To keep the town growing, we must continue to keep building. Nearly 90%0 of Kitzmiller's housing stock is occupied. Having new places for people that are move-in ready entices people to buy in our community. Expansion will also allow us to grow our tax base. Strategy 5 plays to the town's's strengths. The "Welcome Home" feeling you get when you visit the community. What makes people want to come back? The fact that people feel like family when they visit. Maybe they once lived here and moved away. Continuing to provide wonderful neighborly experiences to those who don'tcurrently, live here could give them the impression that they would ultimately want to end up here. The front porch community here is still at large. Which gives "outsiders" a glance into how tight knit our community is. Marketing and Outreach can help promote our "Home." Keeping the "Welcome Home" as our attention grabber. With that being said, the launch of a new website could benefit us tremendously. It was brought to the attention of those who help run this community that maybe instead of those "Shutterfly models" you see in the brochures, we getreal Kitzmiller Residents to help promote our town. The next steps to this process will be finalizing our plan, looking, and then applying for current grant opportunities to Nancy Brady = The Helping Hands Thrift Shop is OPEN for business. The hours are Tuesdays and Thursdays from 12PM to 6PM. November gth was our first day open and it went well. We are thankful to have this opportunity to be able to provide this service to our community. Shellie Mallow- - Is there anything that the town can do about people who have dogs that are free roaming? Mayor Reckart stated that we can start by sending those individuals a copy of the ordinance. Heather Berg - The Empowerment Group is helping the Town of Kitzmiller host the Christmas Light Contest this year. We are encouraging all residents that' live in the Kitzmiller zip code to participate to "Brighten Kitzmiller." You do not have to register to be entered. Even simply changing the bulb on your front porch automatically enters you. There will be prizes to be awarded. There will be 3 Walmart Gift Cards given. 1st-$75. 2nd-$ $50. 3rd- $25. Judging will be conducted by the mayors of other municipalities on the evening of December 22nd between 6P and 8P. We just want to encourage everyone to have fun and be creative. Make this time of year magical for the little ones. We will also be selling our bows for the Trim a Tree Program that is held at Old Fashioned Christmas every year. Bows are $7 each and the colors and meaning are Red to Remember, Gold to Honor, and Red, White, & Blue to Support our Military. Contact a member of the Empowerment Group, call Heather Berg at 301.501.2038 or Beccie Glotfelty at 301.501.2434. The forms for purchasing the bows prior to Old Fashioned Christmas will be located at the Kitzmiller Town Hall. School Building. Recognized Guests: help us get'started, and the launch of our new webpage. 2 I November 2022 Town Meeting Minutes We are excited to announce that Insta Pix will bej joining us at Old Fashioned Christmas to help us Thomas Vose - Ruth Enlow Library - The Ruth Enlow Library in Oakland will be starting al FREE public speaking group. Anyone is welcome to attend. Please visit the Oakland Branch of the Library for Diane Kisner- Kitzmiller Ruth Enlow Library- Along with our monthly groups, we are excited to announce that we will be hosting an Open House on December 9th from 10AM to. 3PM. By joining us you can register. for a door prize and join in on the fun by making a craft. Missi Nesselrodt- - Would first like to say thatt there area lot of different organizations in this community. She thinks it isas shame that not all these organizations can pull together to work together for our small community. Heather Berg stated that the organization that they are to is the Kitzmiller After School Program. Thenasked why KASP was not participating int the referring Old Fashion Christmas. KASP's response was that we are a small non-profit organization that does not charge our students and have to fundraise to support our program. As an organization, we felt our time and money was better used to team up with Kitzmiller Head Start to provide a Christmas Dinner for our combined students, family members, and program supporters. Sharon Paugh then stated that, "Maybe if you would have just let everyone else know about the Christmas Tree int the post office, itwould have been. nice. The problem here is laçk of communication." Diane Nye- Also, in Attendance with nothing to: submit: Dale Lipscomb, Rita Lambka, Becky Reckart,Justin capture pictures of the families who join us. more information or call. Paugh's résponse was, "You could have come to me to ask." Nesselrodt, and Sharon Paugh. Grants: Community Legacy Grant - Bid packets have been completed and finalized by the circuit rider, USDA-WE FINALLY RECEIVED OUR APPROVAL LETTER! This grant is for the new Dump Truck. We are currently waiting for the paperwork to sign, but we have taken the steps to reach Team One to the Appalachian Regional Commission Grant - Got the link to "Officially" sign in ONLINE for this us one step closer to being approved. WE GOT THE APPROVAL EMAILTODAYI Truck ordered. get This grant. gets ARP Stair Lifts QCB&S School - Chairlift people were a no show, is on the wait list through acompany in Pittsburgh. (Closest commercial grade chairlifts). ARP-Third Street Storm Drainage *Under New Business. * Old Business: Gym Flooring - Estimate has been received from Success Floor Covering. With this estimate, there is no Diane Kisner asked if there were any updates for the new street lighting. Mayor Reckart stated that been in touch with Richie and there is a supply chain issue as of right now. Potomac Edison he has receiving supplies. There have been multiple tickets submitted to have the work warranty to the work they will perform. is very slowly completed. New Business: Social Media Policy Resolution - Approval seconds the motion. 3-0. Motion Carries. one that designed Kitzmiller's Coin for the 150th Councilman Brady motions to approval the Social Media Policy Resolution. Councilwoman Juanita James & Cory Stieringer - Juanita James was kind enough to paint the walking trail with throughout our community on the back of the Bulletin Board by the post office and discussed giving them something, but there was never anything decided. Harvey key points Cory Stieringer is the County. It was Councilwoman Nye-Paugh Anniversary Celebration of Garrett 31 November 2022 Town Meeting Minutes motions to purchase gift cards to Michael's Craft Store for each of them in the amount of $100.00 March Event - Looking at different events to hold throughout the year. What about "Kitzmiller's Got Talent?" on March 11th? Is it okay with the Council to move forward with this event? Auditions would be held the evenings of January gth through the 12th. Rehearsals will be held on Wednesdays 02/08/23, 02/22/23, & 03/08/23 from 6:30PM until ??? Any proceeds will go directly back to the town to help with events/current projects. Councilwoman Harvey suggested to see if anyone would be interested in the Third Street Storm Drainage - Estimate received from Hawk Excavating, LLC. The total of this estimate is $15,000.00. Broken down into two different projects. 1st-The Third Street Drainage for a total amount of$ $7,500.00. 2nd- Storm Drainage on Oak Street for ai total amount of $7,500.00. Councilwoman Nye- Paugh motioned to accept the estimate from Hawk Excavating, LLC. Councilwoman Harvey seconded December Meeting - Yay or Nay? (Would be on Monday, December 26th). Councilwoman Nye-Paugh motions to forgo the December 26th, 2022, Meeting. Councilwoman Harvey seconded the motion. 3-0. Pickleball on Monday Evenings - Kitzmiller/Elk Garden Youth League would like to start hosting pickleball for adults on Monday evenings at the school starting in February 2023 and then ending at the end of April 2023. The time will be from 6PM to 9PM. Councilwoman Nye-Paugh motions to accept the terms for Youth Basketball - Kitzmiller Elk Garden Youth League would like to start hosting basketball on Thursday evenings at the school starting in. January 2023 running to the end of March 2023. The time will be from 4PM to 8PM. Councilwoman Nye-Paugh motions to accept the terms for youth league basketball. each. Councilman Brady seconds the motion. 3-0. Motion Carries. event, then to proceed from there. the motion. 3-0. Motion Carries. Motion Carries. Pickleball. Councilman Brady seconds the motion. 3-0. Motion Carries. Councilwoman Harvey seconded the motion. 3-0. Motion Carries. Councilmember Concerns: Michael Hechmer- Not present. Theresa R. Harvey-Nothing. G.Michael Brady-N Nothing. Diane Nye-Paugh-Nothing. Motion to Adjourn Meeting was entertained by Councilman Brady at 8:27 PM. The motion was seconded by Councilwoman Harvey. 3-0. Motion Carried. 41 November 2022 Town Meeting Minutes These meeting minutes were prepared by the Kitzmiller Clerk/Treasurer, Rebecca M. Rebecca M. Glotfelty, Caephicoa M sty & revised on 01/23/2023 per Diane Nye-Paugh. Glotfelty on 10/25/2022, These minutes were approved on 01-73-23 byt the following: Robert L. Reckart, Mayor: Ele Councilmember G. Michael Brady: - 4) SIGATT 1 Councilmember Theresa R. Harvey: GVRANa hvy Councilmember Michael A. Hechmer: Councilmember Diane Nye-Paugh: N AI 51 November 2022 Town Meeting Minutes 1/23/2023 Town of Kitzmiller Projected Projects MAYOR ROBBIE RECKART 1 Potential Projects Upgrades to the Former Kitzmiller Elementary School Visitor's Center Community Building/Town Hall Economic Revitalization Study 75th Anniversary of the Botanical Garden TOWNOFK KITZM 2 1 1/23/2023 Kitzmiller School Building THIS BUILDING IS USED FOR A WIDE ARRAY OF ACTIVITIES, ORGANIZATIONS, AND EVENTS. MOST RECENTLY IT. BECAME THE HOME OF THE HELPING HANDS THRIFT SHOP. THATIS RAN ENTIRELY BY VOLUNTEERS AND ALL PROCEEDS ARE DISBURSED BACK AMONGST OUR COMMUNITY. ITISALSO THE HOME OF THE KITZMILLER AFTER SCHOOL PROGRAM, KITZMILLER HEAD START, KITZMILLER SENIOR NUTRITION, & THE RUTH ENLOW LIBRARY. 3 Primary Projects 2. Replacement of the asbestos flooring inthe gym/recreation area. 1. Stairloft 3. Proper security measures for thes safety of thel kids who utilize the building.daily. *See Estimate.* WISEGUYS WISEGUYS MEDIASECURITY 4 2 1/23/2023 Handicap Access to the Library Currently, there is no handicap entrance to allow for pedestrians to enter the Kitzmiller Library without having to go through the Head Start Corridor. Being able to provide the library their own Handicap Access willa allow for better protection of the students and willa also allow for more pedestrians to visit our local library. Kitzmiller COMPANY STOI VISITORS CENTER Kitzmiller Visitor's Center 6 3 1/23/2023 Appearance of Building The paint ont the building is severely chipping and There are also holes int the porch that provides access peeling off. tot the building. the 7 Community Building/Town ES T Hall 8 4 1/23/2023 Replacement of the Stairlift This location used to be one of the primary sources Since the chairlift has been out of order, we can not provide handicap access to the upstairs ofthe We have recêntly been holding our council meetings int the upstairs oft the building with special accommodations made for those who can not climb Itv would be nice to give faira access to everyone, sO everyone can joint the council meetings in person and sO we cangain.some revenue for our town by beingable to rent the Space agaiq. **See Estimate** of our income. facility. the stairs. 1/23/2023 MTMAUESPROIETIPMONRCTN 9 Kitzmiller's Botanical Garden PROJECTEDPRCJECTS 10 5 1/23/2023 Help us celebrate 75 years! With the Botanical Garden being forgedi in1 1948, that makes this year 2023, the 75th Anniversary ofDr. Melvin Brown's Botanical Garden. With thel helpo of MarylandsForestry! Boardy we wish to carry onv what Dr. Brown had started. Currently we are reestablishing what herbaceous and woody species are currently in the park. Within ther next 3-5 years, we wish to have everything Dr. Brown planted reintroduced tot the botanical garden. Wey wisht tor reacho out tot the surrounding coleges/universties for help tor maintain the identifying of new species andt the introduction oft them too. Update-the Restrooms Trail improvements to the places that have lifted due to roots, oft thet trees, falling of trees, etc. The trail was resurfaced in 2016, but there are a few minor areas that need to be improved to help prevent falling for those who utilize this trail, Replace Pavilion Roof 1/23/2023 11 Economic Revitalization Study Thanks to the Revitalization Grants given to us by Garrett County Community Action, the town of Kitzmiller was able to hire a firm to help revitalize There are several outdoor recreational state parks surrounding the Town of Kitzmiller. This plan incorporates the idea of those utilizing those state parks, spending their much needed our community. down time in our town. 12 1/23/2023 Summary THERE ARE SO MANY NEW AND FUN THINGS HAPPENING KITZMILLER. IN ORDER TO MOVE FORWARD, WE EVERYDAY LIFE INT THE TOWN OF KITZMILLER. AROUND AROUND US INTOTHE CHANGES ANDINCORPORATE WHATS GOING ON NEEDTO ACCEPT THESE 13 Thank you ROBERTI L. RECKART, MAYOR COUNCL MEMBERS MICHAEL ESAR HARVET TCHAEL ANE NYE PA 14 7 Wise Guys Media, LLC 937 Canyon Rd Morgantown, WV 26508 US (304)435-3150 mrwisegtys@gmail.com wwseguysmedla.com ADDRESS City of Kitzmiller WISEGUYS WISEGUYS MEDIA SECURITY Estimate 2215 DATE 01/04/2023 ACTMTY Town Ofice/Maintenance Building Dome Camera IP HD Dome Cameras with Junction Boxes/Mounts 2 Outside Front 1Inside Office 8Channel NVR Record up to 8 cameras Wire Cat5 Misc. Materials Wire Molding/Tracking Tech Time Installing 3 Cameras and setting up mobile devices for viewing cameras Alarm System 1Touchscreen Keypad with Wlfi and ATT Communicator 3Wireless Door Sensors 11 Wireless Motion Sensor 2 Remote Keyfob for Panic Alarm 1f for keychain 1stationary inside Tech Time and Programming Monitoring Fees are $32 per month for Alarm Monitoring QTY 3 RATE 255.00 AMOUNT 765.00T 1 1 1 1 1 845.00 175.00 50.00 350.00 900.00 845.00T 175.00T 50.00T 350.00T 900.00T ACTIVITY QTY RATE AMOUNT Subtotal: 3,085.00 Head Start Building Bullet Camera Analog HD Bullet Cameras Replacing 9 Adding/Wiring 1 additional 16 Channel DVR Record up to 16 Analog HD Cameras Tech Time Replacing Existing Cameras Adding 1 Camera Setting up mobile devices for Remote Viewing 10 235.00 2,350.00T 1 1 1,099.00 600.00 1,099.00T 600.00T Subtotal: 4,049.00 Access Control Doors Sold and Installed by Accelerated Fire and Security Access Control System 2 Honeywell 2 door access control panels 4H Honeywell access control card readers 1A Alarm Controls double magnetic door locks 1A Alarm Controls single door magnetic door 4/ Alarm Controls request to exit buttons 4 Intelisense request to exit motions 1A Altronix power supply 25 HID access control cards Lot Installation hardware and labor Lot Programming and testing -Terms-- Accelerated Fire and Security will provide the above listed equipment for the access control additions at the Kitzmiller Community Building. **Internet connection is required for system connectivity for remote programming. **A valid purchase order is required to proceed. **Fire Alarm Contractor is required to install relay module at the time or very soon after installation (this assures the above doors will unlock in the event of a Fire Alarm) 1 10,282.00 10,282.00T lock WV 051809 business. Thank You Please do not hesitate to call, email, or text us with SUBTOTAL 17,416.00 1,044.96 questions,concerns or changes. We are looking forward to your TAX TOTAL $18,460.96 Accepted By Accepted Date Shenandoah Elevator Company 141 Muskoka Court Winchester, VA22601 Office:40-450-5756 www.shenandoahelevator.com SHENANDOAH ELEVATOR License Numbers Virginia 2705172526A Maryland 2103 West Virginia WV058939 Quote # 23002 Date: 01/13/2023 Mobility /Stair lift Quotation Project Name: Kitzmiller Community Buidling Project Address: 104 W. Centre St. Company: Town of Kitzmiller MD Attn: Rebecca Glotfelty Phone: 301/453-3449 Email: kizmd@shentel.net Address: 104 W Centre St. Kitzmiller, MD 21538 Kitzmiller, MD 21538 Shenandoah Elevator Company is pleased to provide you a quotation to furnish and install the following: Savaria K2 Stairlift Savaria SL-100 Stair Lift Savaria Stairfriend Stair Lift Other Other Other Provide and install a Left Hand K2 Plus straight stairlift. Total Price: $ 8,225.00 initials RV-6-19-19 Quote # 23002 Date: 01/13/2023 1.Equipment Details: VCommercial Number of Units: Equipment Type: Manufacture: Model: Travel Speed: Capacity: Residential 1 LH Stairlift Savaria K2 Plus 15 FPM 350 Lbs Door At Top or bottom: N/A Camera Survey: N/A Camera survey date: N/A Permit Included: Inspection Included: Includes Public Package Includes additional rail/track and associated fasteners 2. Alternate Pricing Options 2 RV-6-19-19 initials Quote # 23002 Date: 01/13/2023 3.Project Specific Clarifications No retainage allowed for this project, final payment due the day of turnover oflift. 4.Job Schedule Proper scheduling enables smooth, safe and on time installation. This proposal is based on assumption that Shenandoah Elevator is able to use our standard installation method. All work the performed Monday Friday during normal business hours of 8:00AM to 4:30PM. (overtime will be an additional cost). Shenandoah Elevator strives for a smooth and Excluding holidays however coordination between the GC, other trades, the customer and Shenandoah efficient installation, below is a typical schedule for your equipment, if your schedule wil vary from below Elevator is essential. as Shenandoah Elevator project manager and kept up on the most current status available. you will be notified by will be Signing of contract to site visit 1 week Release of equipment from factory to be manufactured -1 week from approved Straight stair lifts take approx 1 week from date of order to come int to our Curved stair lifts take 6- 10 weeks from date of order to come in to our facility. facility. Installation of a straight stair lift takes on average 1 day per stair lift to install. Installation of a curved, custom stair lift can take up to 4 days to install. Ifpermits and Inspections are required the final inspection of the the inspection date and we have no control of the time-frame. drawings (if necessary) Shenandoah Elevator and may take 31 to 4 weeks to schedule. The equipment third will be scheduled by party inspection company gives us 3 RV-6-19-19 initials Quote # 23002 Date: 01/13/2023 5.1 Payment Terms Proposal price is valid with the following payment terms. All payments are due upon receipt SCHEDULE OF AYMENISSCIEDUIE OF VALUES Amount Description $4,112.50 Due a contract signing $4,112.50 Due upon iob completion. $8,225.00 Total Project Total: $8,225.00 Hourly Rates: Currently $225.00 per hour for a mechanic and $375.00 per hour for a crew of 1 mechanic and 1 helper Regular hourly rates: Mechanic $225.00 per hour $175.00 per hour $375.00 per hour Overtime Rates: Mechanic $382.50 per hour Helper Crew Helper Crew $297.50 per hour $637.50 per hour Travel time is billed from the shop to the site at $.96 per mile. Payments to Shenandoah Elevator shall not be contingent upon any third party payments to Customer. Shenandoah Elevator reserves the right to delay and/or suspend the work and services, including manufacturing delivery, installation and/or final turnover of the equipment, for non-payment. Simple interest at 1.5% per month will be charged on amounts not paid when Customer will reimburse Shenandoah Elevator for all costs of collection, including without limitation court costs and reasonable attorney's fees. In states requiring notice prior to filinga lien, this notice requirement is deemed satisfied through this paragraph. Prior to equipment turnover, Shenandaoh Elevator must be paid in full, less 5% maximum retention, if: agreed upon, the contract price including all change orders. Additionally, prior to turnover Shenandaoh Elevator requires a signed final acceptance form from all parties. due. RETAINAGE: Not Permitted. PROPEKIYMATERAL RIGHTS: The delivered'installed material shall remain the property of Shenandoah Elevator shall retain title thereto until final payment, including retainage is made. At the time payment is fulfilled property rights will convey to the customer. 4 RV-6-19-19 initials Quote # 23002 Date: 01/13/2023 6.7 Terms and Conditions: Conditions: Acceptance oft thisc offert by thep purchaser shallo constitute ano order ando contractf fort thep purchase non-performance oft this contract, inv whole orp part, ifsuch non-performancel is ther result ofa currento calendar year. Installation: Thev works shall bep performed during regular equipment forc one (1)yeara aftert the acceptance date set forthi int the signed Final Shenandoah Elevatorf fors saido damages. Shenandoah Elevator's obligationt toc defend, civil commotion, war, malicious mischief, oracts ofGod. Agreement Claims: or dfthei items described herein.' Wes shallr notb be liablef for cost 8:00AM- adjustments resultingf fromp projecto delays which extend! beyondt thee end ofthe Warranty: Shenardoah! Elevator warrants ther materials andy workmanship ofthe reason ofe enumeration)t thef following: fires, strikes, differences withe employees, casualties, any cause int causés beyond ourr reasonable control, including (butv without! limitation! exceptions bel limited or waived bya any other terms oft thec contract, whether printed or written. delaysi transportation, government restrictions or othero causes. Nors shallt these by underr no circumstances shall Shenandoah Elevator ber responsible for labor andr material Price: Unless otherwise stated, pricing for labora andr materials shall remain firm, but overtime worki ist mutually agreed upona andp performed, thea additional pricef fors suchv working! works hours, shall 4:30PMN Monday- Friday, working days and statutory! holidays excluded. if Shenandoah Elevator willr noto commence overtime work without an executed change order. bea added tot thep proposal price at Shenandoah Elevator's standard overtime rates. Shenandoah Elevators sole discretion, ande excludes! labor charges. Inr no events shall Acceptance Shenandoah form. Elevator The customer's remedyi isl limitedt tor repair or replacement ofad defective partin vandalism, DISCLA AIMS abuse, misuse, neglect, lack ofr maintenance, work or repairs or modifications byo others or Company! be responsible for damage duet tor normal weara andt tear, ANY OTHER WARRANTY OF ANY KIND; EITHERE EXPRESSED ORI IMPLIED, INCLUDING any other cause beyondt the controld of Shenandoahl Elevator MERCHANTABILITY OR FITNESS FORAF PARTICULARI PURPOSE, ORN NON-NFRIGEMENT WITHOUTL LIMITATION THE IMPLIED WARRANTIES OF Company. harmless Shenandoahl Elevator Company from any loss, damage or claimf forc damages ori Liability Limitation: the Customer agrees toi indemnify, defend andh hold damages occur to Shenandoah Elevator's material or work ont the premises, wherev work ist injuries, tob be or including death, connected with the usec or operation ofthee equipment. Should damages or injuries resulti from Shenandoah Elevator's negligent acts or omissions orv indemnify and holdt the çustomer harmless shallb be limitedt tot the extento ofac claim for Shenandoah Elevator willr notr name any, party as additionali insured tot theirp policy. willful misconduct, butr not the negligenta acts or omissions or willfulr misconduct ofc others. incidental, or consequential damages inc contract, tort, including negligence, warranty Damages: or Shenandoah Elevator shall notb be responsiblet forli liquidated damages or anyi 5%0 ofthe proposed value ofthee equipmento concerned. Force Majeure: Shenandoah! Elevator otherwise. Shenandoah Elevator! liability undera anyo circumstances shall be no more indirect, than Shenandoah Elevator's controli including, butr notli limitedt to, act of government, strikes, lockouts, shallr notbel liablef for anyk loss, damage, claim or delay duet to any cause beyond shall be provided, specifically describingt the default. Ifac cure ofthe defaulti isr lfeitherp not commenced party tothis agreement claims default byt thec other, writtenr notice ofatk leastt ten (10) riot, event of litigation, the prevaliing partyv willl bee entitled toit its reasonable attomey's fees and costs. withint thet ten-dayr notification period, thisa agreement may bet terminated. Inthe days being performed, by fire, theft, or otherwise, thec customer isto compensate and worki interruption or otherl labor disturbance, fire, explosion, theft, flood, 7.Proposal Approval -To Be Completed By Customer Please Initial Each Page Where Indicated and Sign Below: The signature below constitutes agreement and acceptance of this proposal to furnish and install the specified elevator(s) for:$8,225.00 and is done sO by an individual granted the legally binding documents. Customer hereby acknowledges receipt of the Terms and Conditions which are attached hereto and incorporated herein, and agrees to abide all the authority to sign terms and by conditions thereof. Signature: Print: Company: Title: Signature: Print: 01/13/2023 Date: This section to be completed by Shenandaoh Elevator Company Colin Clark Manager Date: Company: Shenandoah Elevator Company. Title: 5 RV-6-19-19 initials