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HomeMy WebLinkAboutDocumentation_Regular_Tab 03_11/08/2018 Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org ,F, � � "1'I�:��'EST_� PL'BLIC ���ORI�S DEP�R'1'�I}�:NT �1F�.�IC)K��ND�-�I 1'<>: �ames «-einand,��illage �'�Ianager From: Douglas i�1. Chambers,Director Public�'orks Subject Mulri-Year 1'�ir Conditioning Contract Date: October 23, 2018 The Previous Sole Source Air Conditioning Contract with Trane Building Services expired on September 30, 2018. This is a recommendation for a new 3-year Sole Source Contract beginning November 1, 2018 —October 31, 2021. Trane is the OEM (Original Equipment Manufacturer) Sole Source Provider of all parts, equipment and software for the Air Conditioning System in Village Hall and the Public Safety Facility. This contract will include Mechanical and Automation Services at Village Hall and the Public Safety Facitity. (Police and Fire). The Following lists the equipment covered in the Contract, associated costs and cost savngs from the previous contract. �'ice-�Iavor Tom Patemo '�Ia�-or.�bbv Brennan Council�fember Vince_lrena Council�lember Laurie Brandon Council'�fember Krisu Johnson Village Hall Fiscal Year 2019 Equipment Coverage E ui ment '4 !I�anufactunrr Madel Number Annual Ins Run Ins Zane Tem �ensors {14 Tran� 4190-1090 � 3 P - - , _ _ _ ---- . ,_---------—• �uildin Goniral Unit ;1 firane BMTX � 3 AHU�ontrolle�s 3 'Tr�ne MP580/1 1 3 VAVs _ ;13 fir�ne �VAVs IIIIII?IV 1 3 _ --___ __--- +_. _ __ __ _ _ _ __--- - ---.__ , _______._, i�ela i 12 ;Misc RLY2958 � 3 Actuators 6 ���lim� NM24US 1 3 CuRent SwiiCheS _ _ _ __ 2 __ Kele CS1150A 1 � - _ __ . __ _. _ ------. _ _---- . Ducl Humidit 5enso�r 2 Kele HD2�K 1 3 S ce Humidit Sensor 1 IKe�le FiW20K t 3 buCt Tem a�nsors I� '!K�le ST-Q24-XH � � Mechanical S stem: Equipment Manufacturer Model Number Senfa�l Numbe�r - ---_ ---- --- - —__ _�__ . — -------- AG� CondeRser 1 Trane TTat7f�GD�UQ NA -------__ �.__._�__� G2 Condenser 1 Trane TTA09d[}300 6324J2�AD AC-3 Candertser 1 Trane TTAd90D3b0 13191M�GL`�A AHU-1 FINANCE 1 Trane MCCB T08M72533 __.__„�_._ _ --r�-�----- . AHU-2 AQMIN 1 Trane 'MCCB TQ8K85975 AHU-3 GNAMBERS 1 T�ane MCCB003NAE KQfE57450 Annual Mechanical and Automation Costs and Service Call-out Rates Me�han�cal a Sfraight T�me�i52/Ht Qvertime,�22�'�r l�of�days,�304lNr A . . _ ______-a �trai hC T�me Si38rHr i�vertrme,���1/kr . _N�I�da ��l�r � , __ _ __ __ ___ _ , C�nUr�Cl YeBr i �AS$�MeCh2niC�l Annu�l Am�unt USD Cor�tr�Gt Type Ye�r-1 $3,��fi.Q4 , Irrspectian Only Ye�t-2 __ $�,95fi 0U Inspe�ti�n (�nly �-- -___ , , j Year-3 � $�,g5�.Q0 In�peCti�n Qnly Total Cost and Comparison: Previous Contract Price:: $5,769.00 New Contract Price: $3,956.00 2 �'ice-tilayor Tom Patemo Mayor.1bby Brennan Council�fember Vince.lrena Council�fember Laurie Brandon Council:�fember Krisu Johnson Public Safety Facility (Police 8� Fire) Fiscal Year 2019 Mechanical Equipment Coverage � ��`�' ����Jl� f QI��� ���C��l���l Mechanical S stem: Equipment QtY Manufacturer Model Number Serial Number _._ ----. __. __ . _ . __ __._ CondenserUnit 1 Trane TTA240630SE 2201W8NAQ Air H�ndler Unit 1 Trane MCCA012GAZ K02624303 Condenser Unit Roof 1 �Rheem RARL-038JEC $613W391204117 --_ �—___ . . Air Handler Unit 1 Rheem n!a nJa _--_ -- � - - Condenser Unit IT 1 Ruud nJ� n!a - ----- . . . . Air Handler Unit IT 1 Ruud n1a n1a Tequest� Fire C�e��rtm��nt Mechanical S stem: E u�ment _ Qt r�__ Manufacturer Model Number__ Serial Number Condenser Unil 1 Trane TTA180E300 10485NBCTA Air Handler Unit 1 Trane MCCAf112GAZ KQ282429fi Condenser Unit S lit 1 nla n!a n!a Air Handler Unit S lit 1 ni8 nla nJa Annual Mechanical Cost and Service Call-Out Rates � M��h�nic�l Straic�l�t Tim��1361tlr {�verfi�re$207/Hr l HQEiday�27fN'Hr _---- --- — ---__-----—- Contract Year Annual Am�runt Contract T e _ __------ — Year-1 $5,274,04 Mechanical Ins ecti�on Oni Year-2 $5,274,�4 M�chanical In5 e�tivn Qnf Year-3 $5,�74,a0 Mschanical InspectiQn Onl�r Automation Equipment Coverage 3 �'ice-:�layor Tom Patemo �layor�bby Brennan Council:�fember Vince�rena Council:�lember Laurie Brandon Council:�lember Krisu Johnson E ui ment _ ' Annual Ins� Run Insp_ _ Zon$Tem Sensars 9 1 1 TraC�r SC 1 1 1 AHU Controllers 2 1 1 AHU Contrallars 2 1 1 Rela s 12 1 1 Ex�ansian Madules 2 1 1 Current Svu�tches 2 1 1 Transformer 4 1 1 S ace Humid Sensar 4 , 1 1 Duct Tem Sensors 6 , --- 1 ---- — 1 Automation Cost and Service Call-Out Rates BAS ' Sfraight Time$152/1-1r ()vertirrte$228Mr Ftolidays$3D4Mr Cantra�t Year BAS Annual Amaunt USD Contract T e Year-1 $2,636,00 Ins ctian�nl � Year-2 $2,636,00 _ Inspection Only� Year-3 $2,636,00 Ins ction�nl ? Mechanical and Automation Total Cost and Comparison Previous Contract Price: $10,768.00 New Contract Price: $7,910.00 The Water Treatment Plant, Public Services Facility, Parks and Recreation have been eliminated from the Trane Contract �� Douglas M. Chambers Director Public Works Village of Tequesta 4 �'ice-:�fayor Tom Patemo �ia�or_�bby Brennan Council tifember Vince_�rena Council:�lember Laurie Brandon Council:�fember Krisu Johnson VILLAGE OF TEQUESTA CONTRACT FOR AIR CONDITIONING SERVICES Ti11S CONTRACT FOR AIR CONDITIONING SERVICES is entered into, and effective, this day of November l, 2018 by and between the VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation with offices located at 345 Tequesta Drive,Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter"Village"; and TRANE US INC.,a foreign profit corporation with local offices located at 2884 Corporate Way,Miramar,Florida 33025,hereinafter"Contractor". WITNESSETH The Village and the Contractar, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties,hereby agree as follows: 1. SCOPE OF SERVICES: The Village and the Contractor both hereby agree to enter into this Contract for Air Conditioning Services,whereby the Contractor shall provide air conditioning services on an as needed basis for Village Hall and the Public Safety Building(the"Service") for the Village's Public Works Department. This contract is procured as a"sole source" contract pursuant to the Contractor's Sole Source proposal,attached hereto as E�ibit A. 2. COMPENSAT`ION:Pursuant to Exhibit A,and in consideration for the above Scope of Services,pricing is as follows: • BAS-Straight Time$152.00/hour;Overtime$228.00/hour;Holiday$304.00/hour; • Mechanical- Straight Time$138.00/hour;Overtime$207.00/hour; Holiday$2�6.00/hour. The Village shall pay the Contractor after receipt of the Services,and within forty five (45) days of receipt of an invoice documenting the amount due. 3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof of workman's compensation insurance and liability insurance, and shall name the Village as an "additional insured"on the liability portion of the insurance po(icy. The Contractor shall at all times indemnify, defend and hold harmless the Village,its agents,servants,and employees,from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct,or misconduct of the Contractor, his/her agents,servants,or employees in the performance of services underthis Contract. Page 1 of4 4. PUBLIC ENTITIES CRIMES ACT: As provided in Sec. 287.132-133, Florida Statues, by entering into this Contract or perfornung any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by section 287.133(3)(a), FloridaStatutes. 5. TERM; TERMINATION; NOTICE: The term of this Contract shall be from November 1, 2018 through September 30, 2021. This Contract may be terminated by either party upon thirty (30) days written notice to the other party. Notice shall be considered sufficient when sent by certified mail or hand delivered to the parties at the following addresses: Village Contractor Village of Tequesta Trane US Inc. 345 Tequesta Drive 800-B Beaty Street Tequesta, Florida 33469 Davidson, North Carolina 28036 Attn: Director of Public Works Attn: Donald E. Simmons, President 6. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agree that this Contract is not a contract for employment and that no relationship of Employee/Employer or PrincipaUAgent is or shall be created hereby nor shall hereafter exist by reason ofthe performance ofthe services herein provided. 7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the prevailing party shall be awarded attorney's fees, including fees on appeal. 8. CHOICE OF LAW; VENLTE: This Contract shall be governed and construed in accordance with the laws ofthe State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to same. 9. AMENDMENTS AND ASSIGNMENTS: This Contract, all Eachibits attached hereto, and required insurance certificates constitute the entire Contract between both parties; no modifications shall be made to this Contract unless in writing, agreed to by both parties, and attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the performance of services called for in the Contract without prior written consent of the Village. 10. INSPECTOR GENERAL: Pursuant to Article XII of the Pa1m Beach County Page 2 of4 Charter,the Office of the Inspector General has jurisdiction to investigate municipal matters,review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits,reviews,or investigations.All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village,as well as contractors and lobbyists of the Village in order to detect, deter, prevent,and eradicate fraud,waste,mismanagement, misconduct,and abuses. 11. P B .I RF. O �: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally,upon completion of the Agreement,the Contractor shall transfer,at no cost to the Village,all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village,upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE Page 3 of4 APPLICATION OF CIIAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DiTTY TO PROVIDE PjTBLIC RECORDS RELATING TO Ti11S AGREEMENT, PLEC'�SE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (�61) 768-068�, OR AT lmcv��illiams«,te�uesta.c�r� OR AT 345 TEQjJESTA DRIVE, TEQLJESTA, FI,ORIDA 33-�69. IN Wl"I'NESS WHEREOF, the parties hereto have executed this Contract the date and year first above w°ritten. TRANE US INC. � � - - _ - _ - � t�pu:�.rd la.� 2 (,Zh�_GL �1 U�-�-� "C"'yut�3�1 � _ (Corporate Seal) �, ��X�n i a -� VILLAGE OF 1'�QUES�I�A ATTEST: Abigail Brennan, Mayor (Seal) Lori MeWilliams, MMC Town Clerk Page 4 of4 Ex. A Trane US Inc. r�NEJ 2884 Corporate Way Miramar,FL 33025 Phone: (561)683-8227,Fax: (561)697-8714 September 18,2018 Douglas M.Chambers Village of Tequesta Superintendent Public Works 136 Bridge Road Tequesta, FL 33469 Dear pouglas: The following letter is being provided to you explaining the reasons South Florida Trane is the OEM sole source provider of Trane HVAC equipment and Tracer Summit Building Automation Controls in this market. • Trane US Inc.is the exciusive representative of the Trane product and software line used in your facilities. • Trane US Inc.is the sole source warranty agent for the Trane Mechanical Systems and Tracer Building Automation Systems in South Florida.Spanning from Vero Beach to the Florida Keys. • Trane US Inc.solely employs certified Tracer Building Automation System technicians in South Florida. • All sofiware programming and engineering on the existing Tracer Building Automation System has been performed in house by South Florida Trane. . Trane US Inc. is the exclusive parts outlet for Trane Mechanical Systems and Tracer Building Automation Systems in South Florida. • As a factory representative, Trane US Inc. has access to proprietary software used to estabiish remote communication via modem to hundreds of Tracer Building Automation Systems located in various facilities. This software provides significant and valuable advantages such as troubleshooting and monitoring capabilities as well as database back-up. • Trane US Inc.Technicians carry or have access to specially designed tools and test equipment required to service Tracer Building Automation and Mechanical Systems properly. • Trane US Inc.provides training on Trane Mechanical Systems and Tracer Building Automation Systems. • Trane US Inc.provided"Start Up"on the Tracer Building Automation Systems at your facility. • Trane US Inc. is continuously posted on software and hardware enhancements andlor revisions for the Tracer Building Automation and Mechanical Systems equipment. Allowing constant interface between mechanical equipment and Trane Tracer Summit. • Trane US Inc.is the sole provider,and Trane is the sole manufacturer of both the Trane Tracer Building Automation and Mechanical Systems equipment. In addition,South Florida Trane solely understands the complex relationship between the two; South Florida Trane is the sole source provider of extended warranties on this Trane HVAC System. The above list includes many of the reasons why Trane US Inc. is a sole source provider for many owners and facilities in South Florida. To provide a"Best-in Class"level of service to the Village of Tequesta,South Florida Trane is recommending that we become your sole source provider for Trane products and services. Please cail if you need additional information. Labor Rates per Hour: BAS Strai ht Time$152/Hr Overtime�228/Hr Holida s$304/Hr Mechanical Straight Time$138/Hr Overlime$207/Hr Holiday$276/Hr September 18. 2018 www.trane.com Please note that U�is is Rot a flxed rate f�or any duratlon w term and is subjed to change at amr time. Nhaterials vn'�be b➢Iled separabely. RespecEfupy Submit�ed, 7��� Amar Stdd�i Service Acxount AAanager September 18, 2018 www.trane.com � TR�III/E � Bui/ding Services Trane Service Agreement Building Automation System ��9��� ��y� ,-G.iaiV� Br�J JC�'' �:��J� c� JCi ��l�°�'�= a ��.r�'�d��;,�T y��� �NNUAL OULY � '�e : �.c� SERVICE PROPOSAI FOR�. -� - � � Tequesta Public Safety Facility '"'r �.' � Fire/Police • � c�°*� 357 Tequesta Dr. Tequesta, FL 33469 - �. ,. Douglas Chambers � - -r-�'� - — " � ' ` SITE ADDRESS�. � � Tequesta Public Safety Facility f �.� ""'. ���-.. .�.. ,� 357 Tequesta Dr. - �"'� �, Tequesta, FL 33469 �"""`��� -w�— �; United StatesStates ;'k ` , �, �� ;�: t �''• � , � ��i, �-�f>�� � '—-,��� T LOCAL TRANE OFFICE: `` � ':��- Trane U.S. Inc. „��� ` _ 6965 Vista Parkway North � � •.-.�= Suite# 11 � � �y West Palm Beach, FL 33025 t� i;�� � LOCAL TRANE REPRESENTATIVE Amar Sukhai �• � � Cell: (786)423-4196 ���I Office: (561)683-8227 � M . j PROPOSALID�AGREEMENTNUMBER�. � � �� �� ` _ � DATE. �����'���%�� — ��� j~ October 5, 2018 �� � � 1 ` t �� � �`� � _' 1 � �,������n �. � �,.,• �.0�rs..��r, ■�*� WE M1fAtiE BUILOINGS WORF 3FtT;-n�i)F I FE. � TRANE . � TRANE SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM Executive Summary Thank you for choosing Trane Building Services as your building automation system (BAS)support provider. Your building automation system, driven by Trane TracerTM' controls, is vital to the operation of the HVAC equipment you depend on to help you maintain temperature, humidity and air quality within the strict parameters your organization requires. Occupant comfort, productivity, quality assurance and energy efficiency are just a few of the objectives that may be impacted by indoor environmental conditions in a typical organization. However, all technology requires some attention from time to time to sustain its peak performance and prolong its useful life. Your building automation system is no exception. This Service Agreement for Building Automation Systems—delivered by Trane professionals who are knowledgeable in both HVAC equipment and controls—benefits a wide range of objectives: • Sustainability— Improving operational integration between HVAC equipment and the BAS system reduces energy use, thereby lightening your carbon footprint and advancing your sustainability goals. • Peace of mind—Continuous review and analysis sustains peak performance over the long term and helps prevent system failures and unexpected downtime. Back-up plans built into this agreement are designed to restore data and reboot systems quickly in an emergency situation. 24/7 monitoring through Trane Intelligent Services enables Trane to detect potential problems, avoid downtime, and keep your organization productive and profitable. • A stronger bottom line—Excessive, unnecessary energy consumption and emergency repairs can erode your bottom line. Regular, planned BAS service is a nominal expense that typically pays for itself through energy and operational cost savings. • Operational consistency and continuous improvement-Your building automation system is also the enabling technology behind Trane Intelligent ServicesTM', which remotely monitors critical building systems to ensure the physical environment of the building is being strictly maintained. Establishing connectivity between your building automation system and the Trane Intelligent Services Center allows Trane to continuously capture and analyze data from your building. Based on that stream of information, our Technical Specialists can proactively recommend improvements and follow through with the appropriate service actions. Exclusive aspects of this Service Agreement leverage Trane Intelligent ServicesTM' (TIS), a revolutionary integration of technology and Trane professionals. TIS gathers active intelligence from your building's data, allowing Trane to identify what must be done to improve system performance and sustain the conditions that contribute to the mission of your organization We are committed to working with you to maintain the building automation system that is essential to creating and sustaining the indoor environmental conditions that support the objectives of your organization. The details of that commitment are provided in the following pages. WE VALUE THE CONFIDENCE YOU HAVE PLACED IN TRANE AND LOOK FORWARD TO WORKING WITH YOU. WE MANf BUILDINGS WORK BET(EH fOR LfFE�" '„� rRavE �r _ TRANE SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM Added Value Proper maintenance can saye an estimated 12-18%' of your budget compared to a run-to-fail approach. A Trane BAS Service Agreement is structured to help you manage your lifecycle costs and capture those savings. Research has shown that regular maintenance can: � �~ Cut unex ted txeakdowns � Pec by...................................... Reduce downtime by....................................................... � '�. ,� � Lower equipment repairs and maintenance costs by...... �'' � , Reduce energy consumption by...................................... � ' � _.... ti � In addition to financial value, when you partner with Trane you can expect: Contract and Financial Benefits Assigned Service Team -Your service team will consist of a professional Service Coordinator, Service Technicians and an Account Manager, all with extensive HVAC systems and BAS experience. Our technicians have a thorough understanding of building automation systems and the associated controls, along with heating, refrigeration and airside systems. Priority Response-As a Trane Service Agreement customer, you will receive service priority over time and materials customers. Automated Scheduling System-Trane utilizes a computerized scheduling program to ensure that all services included in the agreement are performed as stated. Financial Benefits -The implementation of this building automation system support agreement from Trane can help control the costs of operating your building in several ways: Lower energy consumption; reduction in the costs and disruptions caused by downtime; planned, budgeted and controlled operating costs; and reduced maintenance. All of these benefits can be gained through a structured contract for support. .:; �<,;:. WE MAKE BUILDIHGS WORI(B£TTER FOR LIFE." Superior Service Delivery Trane's original equipment manufacturer(OEM) Service Delivery Process Ensures consistent quality through: • Focus on building environments • Uniform service delivery • Pre-job parts planning • Documented work procedures • Efficient and economical delivery of services • Emphasis on safety Service Work Flow-Trane utilizes an industry-exclusive service flow process that includes detailed procedures and identified steps for: safety, parts, materials, tools and sequence for execution. Trane procedures also include steps for safety, quality control, work validation, and environmental compliance. This process assures a complete service event. No critical steps are skipped or lost. Systems serviced in this way offer a higher degree of reliability and operational longevity. These exclusive service procedures deliver superior service and most reliable outcomes at the most cost-effective price. Where applicable, the Trane service process meets or exceeds ASHRAE 180-2008 Standard Practice for Inspection and Maintenance of Commercial Building HVAC Systems. Knowledge Transfer Documentation -Work performed on your equipment will be documented by the technician and reviewed with you at the completion of each visit. Operational System Optimization -Trane Service Technicians will review operating sequences and practices for the equipment covered by the agreement and advise you of operational improvement opportunities. Training for Facility Staff—Operator training and coaching is available per the service agreement. Additional training can be customized to meet your site specific needs. Health and Safety Safety Management Program -Trane Building Services employs several full time Occupational Safety and Health Administration (OSHA) 30-hour certified safety managers who are available to perform safety consultations relating to the service performed at your site. Our Safety Management Program includes monthly safety training for all Trane Building Services field personnel, field supervisor jobsite audits, technician job safety analyses and other key risk assessments and control strategies. Personal Safety-Trane service technicians are, at a minimum, OSHA 10-hour certified, or equivalent with yearly retraining on all key occupational safety and health topics. Many of our technicians have participated in "Smith Safe"driver training and some are Department of Transportation (DOT) Hazmat certified. They are provided with up-to-date personal protective equipment(PPE), training on its use and limitations, and FR protective apparel. Trane maintains an industry-�eading position in National Fire Protection Agency(NFPA)70E Electrical Safety, technician ergonomics and fall protection programs. Drug-Free Workplace-Trane Building Services maintains a Drug-Free Workplace, with a robust drug and alcohol testing program. WE MAKE BUlLUINGS WOAK BETTEA FOR Llff." Tequesta Public Safety BAS SA New 3yr _�------""�.� ''� TRANE � _a,�:r,y.;r� �_,-�.;c:�5 TRANE SCHEDULED SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM The Agreement SERVICE PROPOSAL FOR: LOCAL TRANE OFFICE: Tequesta Public Safety Facility Trane U.S. Inc. 357 Tequesta Dr. 6965 Vista Parkway North Tequesta, FL 33469 Suite#11 Douglas Chambers West Palm Beach, FL 33025 SITE ADDRESS: LOCAL TRANE REPRESENTATIVE: Tequesta Public Safety Faciliry Amar Sukhai 357 Tequesta Dr. Cell: (786)423-4196 Tequesta, FL 33469 Office: (561)683-8227 PROPOSALIDIAGREEMENTNUMBER: DATE: October 5,2018 CONTACT TELEPHONE NUMBER FOR SERVICE�. (954)499-6900 Scope of Services — Standard Inclusions System Analysis and Review Trane will review the building automation system to minimize software problems identify and correct programming errors, failed points, points in alarm and points that have been overridden. Software optimization improves system efficiency, assures compliance to specified conditions, and reduces the risk of costly and disruptive system problems. Regularly scheduled on-site visits by Trane technicians also provide the opportunity to meet with on-site operators, review the system and address any questions or concerns they may have. Control Loop Tuning Loop Tuning assures the system is operating at peak performance for the upcoming season. Operators may make manual changes during the heating or cooling season to accommodate current comfort requirements. During Control Loop Tuning, any changes that were made in previous months are reviewed and adjusted to accommodate changing seasonal conditions. The operation of inechanical loop components is verified, as well. Sequence of Operation Verification Sequence of Operation Verification assures the system is operating as intended. During this assessment, unreleased manual overrides are discovered, scheduling discrepancies are corrected, and appropriate set point values are evaluated. Tracer Database Backup .�-- WE MAKE HU!lDINGS WOAN BETTFR FOR LIFE." 02018 Trane All rights reserved Page 1 of 9 TRANE SCHEDULED SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM AND MECNANICAL Tequesta Public Safety BAS SA New 3yr �'--___�____ � ���. � _'�r,�'�.r:%r,.7 S:7r::;ceS Throughout the year, changes are continuously being made to the database in response to energy efficiency, occupant comfort or operator interface issues. Trane maintains current and archived backups of all vital Tracer databases to expedite system recovery and restoration to the last known set-up following a catastrophic event. Software Service Pack Updates The latest service pack updates will be downloaded and installed to the existing software version when available. This assures the software is always up to date with the current versions that enhance usability and functionality. Operator Coaching During regularly scheduled visits, Trane technicians will work with on-site operators to develop their skills and proficiencies to help ensure they fully understand how to effectively use the system. Obtaining Service To obtain repair service within the Scope of Services, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. The Trane District office identified on the first page of the Agreement is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For repair service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the Scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor and prices for materials. Prior to Trane performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. ; � ,,, �- Wf MAKE BUILDlNGS WORN BEiTER FOR iIFE'" 02018 Trane AIf rights reserved Page 2 of 9 TRANE SCHEDULED SERVICE AGREEMENT FOR BUILOlNG AUTOMATfON SYSTEM AND MECHANICAL Tequesta Public Safety BAS SA New 3yr � ��� � r'J.Jiri.fr:q S2rvi^?; TRANE SCHEDULED SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM Eque �men� ���e���� The following "Covered Equipment"will be serviced at: Tequesta Public Safety Comp�ex Equipment Qt Annual Insp Run Ins Zone Tem Sensors 9 1 1 Tracer SC 1 1 1 AHU Controllers 2 1 1 AHU Controllers 2 1 1 Rela s 12 1 1 Ex ansion Modules 2 1 1 Current Switches 2 1 1 Transformer 4 1 1 S ace Humidit Sensor 4 1 1 Duct Tem Sensors 6 1 1 Description Quantity Per Term Annual Factory Recommended Maintenance 1 RSS (Remote Service Support) 8 i � .1 P; Wf MAKE HI/ILDINGS WORK BET7ER PoR LlFE'" 02018 Trane All rights reserved Page 3 of 9 TRANE SCHEDULED SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM AND MECHANICAL �� Tequesta Public Safety BAS SA New 3yr -__:____� ',�`_!..__---f" ''� TR�IVE � �;�'i7.3ir.:',..='r-•.•i!;nc TRANE SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM Pricing and Acceptance Douglas Chambers Site Address: Superintendent Tequesta Public Safety 357 Tequesta Dr. Fire/Police Tequesta, FL 33469 357 Tequesta Dr. Tequesta, FL 33469 Trane Service Agreement This Service Agreement for Building Automation Systems and Mechanical consists of the pages beginning with the page entitled "The Agreement,"the consecutively numbered pages immediately following such title page, and includes and ends with the Trane Terms and Conditions(Service)(collectively, the"Service AgreemenY'or "Agreement"). Trane agrees to inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the"Terms and Conditions," and "Scope of Services" sections. Trane agrees to give preferential service to Customer over non-contract customers. Service Fee As the fee(s) (the"Service Fee(s)")for the inspection and maintenance services described in the Scope of Services section with respect to the Covered Equipment, Customer agrees to pay to Trane the following amounts, plus applicable tax, as and when due. BAS Strai ht Time$152/Hr Overtime$228/Hr Holida s$304/Hr Contract Year BAS Annual Amount USD Contract T e Year-1 $2,636.00 Ins ection Onl Year-2 $2,636.00 Ins ection Onl Year-3 $2,636.00 Ins ection Onl �A one-time 3.00 % discount is offered for full payment of 3 year(s)in advance of the commencement of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated based upon the pre-discounted price. The discount for advance payment is not applicable to credit card transactions. Please check the box for this option. In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer and, if a"Service ProjecY' is included in the Agreement, the Cancellation Fee set forth in "Exhibit A" Cancellation Schedule attached hereto and incorporated herein, which Cancellation Fee represents unbilled labor, non-labor expenses and parts materials and components. Term The Initial Term of this Service Agreement is 3 years, beginning November 1,2018 and expiring October 31, 2021. However, Trane's obligation under this Agreement will not begin until authorized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. Following expiration of the initial term on October 31, 2021, this Agreement shall renew automatically for successive periods of 1 year(the"Renewal Term") until terminated as provided herein. If you do not want to Wf MAXE BBILDINGS WORN B�R FOR LIFE" 02018 Trane All rights reserved Page 4 of 9 TRANE SCHEDULED SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM AND MECHANICAL Tequesta Public Safety BAS SA New 3yr "-�-__�� _�--�"`�---�r �--- � ��� � .;:J!:)'^ti 3'=f;�fl:nx renew this Agreement for the Renewal Term, please notify Trane by telephone or by U.S. mail prior to the expiration date set forth in the preceding sentence. If any questions arise regarding this Service Agreement or how to cancel this Agreement, Trane can be reached either by telephone at (954)499-6900 or by direct mail addressed to: 6965 Vista Parkway North West Palm Beach, FL 33025. Renewal Pricing Adjustment The Service Fees for an impending Renewal Term shall be the current Service Fees (defined as the Service Fees for the initial Term or Renewal Term immediately preceding the impending Renewal Term)annually adjusted based on changes to the cost of service. The Service Fees for an impending Renewal Term shall be set forth in the service renewal letter furnished to Customer. Canceliation by Customer Prior to Services: Refund If Customer cancels this Agreement within (a)thirty(30)days of the date this Agreement was mailed to Customer or(b)twenty(20)days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and if no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent(10%)penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45)days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. Cance�lation by Company This Agreement may be cancelled during the Initial Term or, if applicable, a Renewal Term for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to the scheduled expiration date and Company will refund to Customer, or credit Customer's account,that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. This Agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions(Service). Submitted By: Amar Sukhai Cell: (786)423-4196 Office: (561)683-8227 Proposal Date: October 5,2018 CUSTOMER ACCEPTANCE TRANE ACCEPTANCE � - - .t L �..a--� � _-' Authorized Representative Authorized Representative Printed Name Title: Services-Account Manaaer Title Siqnature Date: October 5, 2018 Purchase Order Acceptance Date License Number: CACO23485 ,r..,_ ,�,.,:_. WE MAKE BUILDINGS WORN BFfTER FOR LIFE" 02018 Trane All rights reserved Page 5 of 9 TRANE SCHEDULED SERVICE AGREEMENT FOR BUILDlNG AUTOMATION SYSTEM AND MECHANICAL Tequesta Public Safety BAS SA New 3yr � TR�WE � 3uilding Services T�rms and Conditions (Service) "Company"shall mean Trane U.S.Inc.for Company performance in the United States a�d Trane Canada ULC for Company perfortnance in Canada. 1. Agreement. These terms and conditions("Terms")are an integral part of Company's offer and fortn the basis of any agreement(the"Agreement")resulting from Company's proposal(the"Proposal")for the following commercial services as stated in the Proposal(collectively,the"Services") inspection,maintenance and repair(the`Maintenance Services")on equipment(the"Covered Equipment"),specified Additional Work(if any),and,if included in the Proposal,Intelligent Services,Energy Assessment,Energy Performance Solutions,and any other services using remote connectivity(collectively and individually referred to in these Terms as"Energy and Building Performance Services"). COMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. AccepWnce. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent("Customer')delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to these Terms and Conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein,retum of such order by Company with Company's Terms and Co�ditions attached or referenced serves as Company's notice of objection to Customer's tertns and as Company's counter-offer to perform in accordance with the Proposal and Company Terms and Conditions. If Customer does not reject or object in writing to Company within 10 days,Company's counter-offer will be deemed accepted. Customer's acceptance of performance by Company will in any event constitute an acceptance by Customer of Company's Tertns and Conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or,at ils option,renegotiate prices andlor Terms and Condidons with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability,other than Customers obligaUon to pay for Services provided by Company to[he date of cancellalion. 3. Fees and Taxes. Fees for the Services(the"Service Fees")are as set torth in the Proposal.Except as olherwise stated in the Proposal,Service Fees are based on perfortnance during regular business hours.Charges for pertormance outside Company's nortnal business hours shall be billed separately according to then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fees,Customer shall pay all taxes not legally required to be paid by Company or,altematively,shall provide Company with an acceptable lax exemption cerlificale. 4. Payment. Payment is due upon receipt of Company's invoice. Service Fees shall be paid no less frequently than quarterly and in advance of perfortnance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the pnncipal amount due at lhe end of each month. Without liability to Customer, Company may discontinue performance whenever payment is overdue. Customer shall pay all costs(including atlomeys'fees)incurred by Company in attempting to collect amounts due or otherwise enforcing this Agreement. 5. Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right,without an election of remedies,to suspend performance or terminate this Agreement by delivery of wntlen notice declaring tertninaGon.Upon tertnination,Cus[omer shall be liable to the Company for all Services furnished to date and all damages sustained by Company(including lost profit and overhead):(a)Any failure by Customer to pay amounts when due; (b)any general assignment by Customer for the beneft of its creditors,Customer's bankruptcy,insolvency,or receivership;(c)Any representation or warranty fumished by Customer in connection with this Agreement is false or misleading in any material respect when made;or(d)Any failure by Customer to perform or comply with any material provision of this Agreement. 6. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or p�vince where the Services are performed under similar circumstances when Company performs the Services.Company may refuse to perfortn where worlcing conditions could endanger property or put people at risk. Unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms,catwalks to safely perfortn the Services in compliance with OSHA,state,or provincial industrial safety regulations or any other applicable industrial satety standards or guidetines.This Agreement presupposes that all major pieces of Covered Equipment are in proper operating condition as of the da[e hereof. Services fumished are premised o�the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement,or upon initial inspection,and/or upon seasonal start-up(if included in the Services).if an inspection by Company of Covered Equipment indicates repairs or replacement is required,Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer's telephone line or network infrasVucture to connect to controls, systems and/or equipment provided or serviced by Company and to provide Services contracted for or otherwise requested by Customer,including remote diagnostic and repair service.Customer acknowledges that Company is not responsible for any adverse impact to Customer's communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware andlor software)for execulion of control or diagnos6c procedures- Such devices shall remain the personal propnetary property of Company and in no event shall become a fixture of Customer locations. Customer shall not acquire any interest,title or equity in any hardware, software,processes,and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretlon. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. 7. Customer Obligations. Customer shall: (a)Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations conceming teardown and internal inspec[ion, major overhaul, restoration or refurbishing of the Covered Equipmenl; unless expressly stated in the Scope of Services statement,Company is not performing any manufacturer recommended teardown and intemal inspection,major overhaul,restoration or refurbishing of the Covered Equipment;and(c)Where applicable,unless water treatment is expressly included m lhe Services,provide professional cooling[ower water Ireatmenl in accwdance with any reasonable recommendations provided by Company. S. Exclusions. Unless expressly included in the Covered Equipment or the Services,the Services do not include,and Company shall not be responsible for or liable to the Customer for any claims,losses,damages or expenses suffered by the Customer in any way connected with,relating to or arising from,any of the following: (a)Any guarantee of room conditions or system performance;(b)Inspection,maintenance, repair,replacement of or services for:chilled water and condenser water pumps and piping;electrical disconnect switches or circuit breakers;motor staRing equipment that is not factory mounted and interconnecting power wiring;recording or portable insiruments,gauges or thertnometers;non-moving parts or non-maintainable parts of the system,including,but not limited to,storage tanks; pressure vessels,shells,coils,tubes,housings,castings,casings,drain pans,panels,duct work;piping:hydraulic,hydronic,pneumatic,gas, or refngerant;insulation;pipe covering; refractory material;fuses.unit cabinets;electrical wiring;ductwork or conduit;electrical distnbution system;hydronic sUuctural supports and similar items;the appearance of decorative casing or cabine[s;damage sustained by other equipment or systems;and/or any failure, misadjustment or design defciencies in other equipment or systems:(c)Damage,repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, bumed out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of life failure. water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or others. damage due to freezing weather, calamity, malicious act,or any Event of Force Majeure;(d)Any damage or malfunction resulting from vibration.electrolytic action,freezing,contamina6on, corrosion, erosion,or caused by scale or sludge on intemal tubes except where water treatment protection services are provided by Company as part of this Agreement; (e)Furnishing any items of equipment,material,or labor/labour,or performing special tests recommended or required by insurance companies or federal,state, WE MAKE 9WLOINGS WORN BFiTEfl f-0R LIfE" 02018 Trane AII rights reserved Page 6 of 9 TRANE SCHEDULED SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM AND MECHANICAL � Tequesta Public Safety BAS SA New 3yr _-----��� � ���. � _ . -_ . :__. or local governments;(�Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof; (g)Building access or alterations that might be necessary to repair or replace Customer's existing equipment;(h)The normal function of starting and stopping equipment or the opening and closing of valves,dampers or regulators nortnally installed to protect equipment against damage; (i)Valves that are not factory mounted: balance, stop, control, and other valves external to the device unless specifcally included in the Agreement; Q)Any responsibility for design or redesign of the system or the Covered Equipment, obsolescence, safety tesls, or removal or reinstallation ot valve bodies and dampers; (k)Any services, claims, or damages arising out of Customer's failure to comply with its obligations under this Agreement; (I) Failure of Customer to foliow manufacturer recommendations conceming teardown and intemal inspection,overhaul and refurbishing of equipment;(m)Any claims,damages,losses,or expenses,arising from or related to conditions that existed in,on,or upon the premises before the effective date of this Agreement("Pre-Existing Conditions"),including,without limitation,damages,losses,or expenses involving pre-existing building envelope issues,mechanical issues,plumhing issues,and/or indoor air quality issues involving mold/mould andlor fungi; (n) Replacement of refrigerent is excluded, unless replacement of refrigerant is expressly stated as included within the Services,in which case replacement shall in no event exceed the stated percentage of rated system charge per year expressly stated in the Services;(o)crane or rigging costs;(p)Any Services,c�aims,or damages arising out of refrigerant no[supplied by Trane. Customer shall be responsible for:(i)The cost of any additional replacement refrigerant;(ii)Operation of any equipment;and(iii)Any claims,damages,losses,or expenses,arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 9. Limited Warcanty. Company warrants that:(a)the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement;and(b)the laborllabour portion of the Maintenance Services and Additional Work has been property performed for a period of 90 days from date of completion(the"Limited Warranty'). Company obligations of equipment starl-up,if any are stated in the Proposal,are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Wartanty period.Company's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any Iaborllabour improperly performed by Company. No liabilily whatsoever shall attach lo Company until the Maintenance Services and Additional Work have been paid for in fuil.Exclusions from this Warranty include Gaims,losses,damages and expenses in any way connected with,related to or arising from failure or malfunction of equipment due to the following:wear and tear;end of life failure;corrosion;erosion:deterioretion;Customer's failure to follow the Company-provided maintenance plan;unauthorized or improper maintenance;unauthorized or improper parts or material:refrigerant not supplied by Trane;and modiflcations made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier,in which case this Limited Warranty shail not apply to those components and any warcanty of such components shall be the warrenty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein tertninate upon termination or cancellation of this Agreement. Equipment,material andlor parts that are not manufactured by Company are not wartanted by Company and have such wartanties as may be extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT,WARRANTY,STATUTE OR TORT(INCLUDING NEGLIGENCE),EXPRESS OR IMPLIED,IN LAW OR IN FACT,INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ANDIOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY ANDIOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES,OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIA� GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GRONfTH OF SUCH MATERIALS. THE ENERGY AND BUILDING PERFORMANCE SERVICES ARE PROVIDED ON AN"AS IS"BASIS WITHOUT WARRANTIES OF ANY KIND. 10. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnffy and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attomeys'fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, andlor its respective employees or other authorized agents in connection with their activities within the scope of this Agreement.Neither party shall indemnify the other against claims,damages,expenses,or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault,the obligation to indemnify shall be proportional to their relative fault. The du[y to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement,with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 11.LimiWtion of Liability. NO7WITHSTANDING ANYTHING TO THE CONTRARY,NEITHER PARTY SHALI BE LIABLE FOR SPECIAL,INCIDENTAL, INDIRECT,OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND(INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS,PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES�, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT(INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT,WHETHER BASED IN CONTRACT,WARRANTY,STATUTE,TORT(INCLUDING NEGLIGENCE),STRICT LIABILITY,INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLDlMOULD, FUNGUS, BACTERIA,MICROBIAL GROWTH,OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE �IABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUIIDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, UEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLIECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 12. Asbestos and Hazardous Materials. The Services expressly exclude a�y identifcation,abatement, cleanup, control, disposal, removal or other work connected with asbestos polychlorinated biphenyl ("PCB"), or other hazardous materials (collectively, "Hazardous Matenals"). Customer warrants and represents that there are no Hazardous Materials on the premises that will in any way affed Company's performance,except as set forth in a writing signed by Company disclosing the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should Company become aware of or suspect the presence of Hazardous Materials,Company may immediately stop work in the affec[ed area and notify Customer. Customer will be responsible for correcting the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company(including its employees,agents and subcontractors)from and against any loss,clafm,liability,fees,penalties,injury(including death)or liability of any nature,and the payment thereof,arising out of or relating to any Hazardous Materials on or about the premises,not brought onto the premises by Company. Company shall be required to resume per(ortnance only in the absence of Hazardous Materials or when the affected area has been rendered harmless.In no event shall Company be obligated to transport or handle Hazardous Materials,provide any notices to any governmental agency,or examine the premises site for the presence of Hazardous Materials. . � ..;� : e:'ur�-. Wf MAKE BU!lOINGS WOflN BET7ER FOR LIFE" 02018 Trane A!I rights reserved Page 7 of 9 TRANE SCHEDULED SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM AND MECHANICAL __ ��__ Tequesta Public Safety BAS SA New 3yr ''� TR�WE � .:_.=%.:lir;y J'-t';.iC�e 13. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will,upon request from Customer,provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorseme�t under its primary Commercial General Liability policies. In no event does Company or its insurer waive nghis of subrogation. 14. Force Majeure. Company's duty to perfortn under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any matenal obligation under this Agreement due to an Event of Force Majeure,this Agreement shall at Company's election(i)remain in effect but Company's obligations shall be suspended untit the unconVoliable event tertninates or(ii)be terminated upon 10 days notice to Customer,in which event Cus[omer shall pay Company for all parts of the Services fumished to the date of termination. An"Event of Force Majeure"shall mean any cause or event beyond the control of Company. Without limiting the foregoing,"Event of Force Majeure"inciudes:acts of God;acts of terrorism,war or the public enemy; flood;earthquake;lightning;tomado;storm;fre;civil disobedience;pandemic;insurredions;riots;labor/labour disputes;labor/labour or material shortages from the usual sources of supply;sabotage;restraint by court order or public authority(whether valid or invalid),and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits,licenses,certificates or approvals if not caused by Company; and the requirements of any applicable govemment in any manner that diverts either the material or the finished product to the direct or indirect benefit of the govemment. 15. Maintenance Services Other Than Solely Scheduled Service. If Company's Maintenance Services hereunder are not limited solely to Scheduled Service, the following provisions shall also apply: (a) Required restoration shall be performed by Customer at its cost prior to Company being obligated to perform hereunder,(b)any changes,adjustments,service or repairs made to the Equipment by any party other than Company,unless approved by Company in writing,may,at Company's option,terminate Company's obligation to render further service to the Equipment so aHected;in such case no refund of any portion of the Service Fees shall be made;and(c)Customer shall(i)promptly notify Company of any unusual perfortnance of Equipment;(ii)pertnit only Company personnel to repair or adjust Equipment and/or controls during the Term or a Renewal Tertn; and (iii) utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 16. Remote Connectivity. Customer grents to Company the nght to remotely connect(via phone modem,intemet or other agreed upon means)to Customer's building automation system (BAS)and or HVAC equipment to view, extract, or otherwise collect and retain data from the BAS, HVAC equipment or other building systems, and to diagnose and remotely make repairs at Customer's request. The Intelligent Services, including any reports and other information Company provides, are inlended to provide operational assessments and recommendations. Electronic Monitoring. Any eleclronic monitoring Company performs is undertaken solely to enable Company to collect the data and perform any analysis included in Company's Services.Customer agrees that Company is not liable for inability to perform and/or losses that may occur in cases of malfunction or nonfunctioning of commu�ications equipment, HVAC and other equipment,the energy management system,failure to identify equipment or system performance issues,failure to recommend corrective action,or otherwise related to the monitonng of Customer's equipment and building systems. Data Collected. Customer hereby grants to Company the irrevocable, perpetual, nonexclusive,worldwide,royalty-free right and license to use,reproduce,display,distribute intemally or eutemally and prepare derivative works based upon any such data Company collects from Customer.Company shall not use or publish such data in any way that identifies Customer as the source of that data without Customer's prior written consent. The data Company will collect from Customer will not include any personal or individual inFortnation.Upon Customer's written request,Company will endeavor to provide an electronic copy of data collected from Customer,subject to availability. For Energy and Building Performance Services(except Energy Assessments and digital assessments), Company will use commercially reasonable efforts to store Customer's data for up to 18 mon[hs. Company cannot guarantee the availability of the data. Data Privacy and Security. Company has implemented various security measures for the purpose of protecting Customer's data against accidental or unlawful access,unauthorized disclosure,loss,destruction,and alteration.Customer is responsible for maintaining the confidentiality of Customer's user name(s)and password(s). Customer is responsible for all uses of Customer's password(s),whether or not authorized by Customer. Customer must inform Company immediately of any unauthorized use of Customer's user name(s)or password(s). Transmission of data over the Intemet by its nature entails the use of systems under the control of third parties.and as a result Company cannot ensure total control of the security of such systems. Company will take commercially reasonable efforts to ensure that data and other configuration parameters are not visible or accessed by other customers. Customer acknowledges that the very nature of communication via the Intemet restricts Company from offering any guarantee of the privacy or confidentiality of infortnation relating to Customer passing over the Internet. In gaining access via the Intemet, Customer also acknowledges and accepts lhat electronic communication may not be free from interference by unauthorized persons and may not remain confidential.Customer therefore accepts that access and storege of data is at Customer's own risk. Company will notify Customer of any breach in security of which Company become aware.Any breach in privacy of which Customer become aware should be reported by Customer to Company immediately. Company does not disclose Customer's infortnation to third parties for their marketing purposes, but Company dces use third party software and services lo assist Company with collecting and analyzing information. Company may also disclose Customer's information if required to do so by law,in which case,Company would inform Customer of such disclosure. 17. General. Except as provided below,to the maximum extent provided by law,Ihis Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company perfortns the Services. Any dispute arising under or relating to this Agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are pertormed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government,determination of any substantive issue of law shall be according to the United States Federal common law of Govemment contracts as enunciated and applied by United States Federal judicial bodies and boards ot contract appeals of the United States Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings,commitments or agreements,oral or written,related to the Services. If any term or condition of this Agreement is invalid,illegal or incapable of being enforced by any rule of law, all other Terms of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the trensaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign,transfer,or convey this Agreement,or any part hereof, without the wntten consent of Company. Subject to the foregoing,this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts,each of which when executed shall be deemed to be an original,but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original.Customer may not assign, transfer, or convey this Agreement, or any part hereof,or its right,title or interest herein, without the written consent of Company.Subject to the foregoing,this Agreement shall be binding upon and inure to the benefit of the parties'respective successors and assigns. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 18. Equal Employment OpportunitylAffirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended,and the applicable regulations contained in 41 GF.R.PaRs 60-1 through 60-60,29 U.S.G Section 793 and the applicable regulatio�s contained in 41 C.F.R.Part 60-741;and 38 U.S.C.Section 4212 and the applicable regulations contained in 41 C.F.R.Part 60-250 Executive Order 13496 and Section 29 CFR 471,appendix A to subpart A,regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982(U.K.)1982,c.11 and applicable Provincial Human Rights Codes and employment law in Canada. . .f .'�� t � - P��: Wf MAKf BWLDINGS WORK BET7EF FOR(IFE" 02018 Trane All rights reserved Page 8 of 9 TRANE SCHEDULED SERVICE AGREEMENT FOR BUILDING AUTOMATlON SYSTEM AND MECHANICAL Tequesta Public Safety BAS SA New 3yr ___---�—� � TR��WE � :'�:�i.�.'.Y'ti:� >'_�.r�.::"::'v 19. U.S.Government Services. The follawing provisio�applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation(FAR).In particular.Company agrees to be bound only by those Federal contracting clauses that apply to"commercial"suppliers and that are contained in FAR 52.212- 5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contrecting business. The following provision applies only to indirect sales by Company to the US Governmeni. As a Commercial Item Subcontractor, Company accepts only the following mandatory Flow down provisions: 52.219-8;52.222-26;52.222-35;52.22236;52.22239;52.247-64. If the Services are in connection with a U.S.Govemment contract,Customer certifies that it has provided and will provide current,accurate,and complete infortnation,representations and certifications to all government officials, including but not limited to the contracting officer and offcials of the Small Business Administration,on all matters related to the prime contract,inciuding but not limited to all aspects of its ownership,eligibility,and perfortnance. Anything herein notwithstanding,Company will have no obiigations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contrect. Upon request,Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof,including but not limited to any communications related to Customer's ownership,eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of the Proposal or this Agreement,other than the Proposal or this Agreement. 20. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe(in the U.S.)or a First Nation or Band Council(in Canada),Customer,whether acting in its capacity as a govemment,govemmental entity,a duly organized corporate entity or othervvise,for itself and for its agents,successors,and assigns: (1) hereby provides this limited waiver or its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein 'Action") brought against Customer by Company and arising or alleged to arise out of lhe fumishing by Company of any product or service under this Agreement,whether such Action is based in contract,tort,strict liability,civil liability or any other legal theory;(2)agrees that jurisdiction and venue for any such Action shall be proper and valid(a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or(b)if Customer is in Canada,in the superior court of ihe province or territory in which the work was performed;(3)expressly consents to such Action,and waives any objection to jurisdiction or venue: (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related !o this Agreement;and(5)expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum,that Customer will not bring any action against Company in tribal couA,and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer wartants and represents that such individual is duly authonzed to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer,enforceable in accordance with its tertns. 1-26.130-7(0415) Supersedes 1-26.130-7(1114) WE MAKf BUfLOINGS WORN BETTER FOR LIFf." 02018 Trane All rights reserved Page 9 of 9 TRANE SCHEDULED SERVICE AGREEMENT FOR BUILDING AUTOMATION SVSTEM AND MECHANICAL � TRI�NE � Building Se�vices Appendix �- Safety Customer Service Flows _- _.,�--- - - �� � TR�qE � c� �_ , .= �� � - .� �� . ., � r� r-- — - _,. ,...-,-�`�„�,�- � --,.. f f �,,� ��M�� ���,.:��r, F��.�; wE arArcE e�;��orrre���:�oak�AErr=�Fo.�r rF�.� � TRANE � 5u�7drng Services Safety _ _. _ ,� _ __ _ _ __ _ _ _ �� � � ' � � :�.:�.:�. �1�; r ,:.'''_r. .�:e' + f '�"�- y � ' ' ��,; --___ ---.._.�__�_ _ _.._ . ___ _.���_`. _ _ _:.m. _ _____ — Trane's Safety Standard Trane is committed to providing a safe work environment for all employees and to preventing accidents in its business operations. To accomplish our objectives Trane has instituted safety programs, procedures and training that incorporate a progressive approach to injury prevention. Proven Safety Success Trane's safety culture in North America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. Trane Injury Rates v. lndustry �ompe#itors Since 2003 the US Bureau of Labor Statistics records reflect Trane's Total Recordable Rate(TRIR)and Days away from work (DAFW) rate have been significantly lower than HVAC repair and maintenance contractors and Specialty Trade contractors (construction).Trane's safety culture in America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. Trane's incident(OSHA) rates are consistently 50-70% below the industry average. This outstanding safety achievement is the end result of the rigorous team oriented approach to our safety program that creates accountability and empowerment in all employees and management and fuels our institutional safety culture. This is the key to our continual improvement. Safety Tools, Trainirag & Ex�ertise Trane's service and contracting technicians are not only among the most skilled in the industry they are also extensively trained in safe work procedures. Our technicians receive safety training, equipment, tools, procedures, and management support to identify jobsite hazards and take appropriate measures to prevent personal injuries. The resources available to Trane technicians include: • Safety Training—20 hrs per year, including classroom and web-based platForms. -Topics include, but are not limited to, LockouUTagout, Confined Space Entry, Hazard Communication, Respiratory Protection, Hearing Conservation, Excavations, Scaffolding, Rigging, Powered Industrial Truck operation, Ladders, Vehicle Safety, Fire Protection, PPE, Emergency Response, First Aid/CPR. • Electrical Safety—NFPA 70E compliant—electrical PPE; flame-resistant clothing;training. • Fall Protection—Trane provides full complement of fall arrest and fall restraint equipment for each technician. WE MAKE BUILDINGS WORK BFTTER FOR LIFE�" -��-� TRANE �' ,�f,,.. �. . , Safety Tools. Training & Expertise (continued) • Ergonomics—Custom-designed for HVAC field technicians, includes training, material handling equipment and procedures. • Smith System Safe Driving Program—Trane's safety Managers are certified instructors; safety Managers train technicians; 1-800"How's My Driving?"stickers are located on the back of service vehicles. • USDOT compliance—technicians scheduled within Material of Trade and Hours of Service limits and are fully qualified under Department of Transportation rules for driving commercial motor vehicles with GVWR >10,000 and 26,000 Ibs. • Refrigerant Management—Service technicians are trained to manage refrigerant in accordance with U.S. Environmental Protection Agency(EPA) rules using a sophisticated electronic tracking system developed by Trane. • Empowerment-Technicians are empowered with full management support to address safety hazards as they see fit. If ever in doubt about how to do a job or task safely, the technician is required to ask a qualified person for assistance before proceeding with work. Management Leadership and Commitment Accident prevention is a primary responsibility of management at Trane. Trane's safety culture is based on the following management principles: • Leadership at the local level manages the local organization's safety performance. • Management is financially accountable for safety performance. • Local management is actively engaged in risk reduction activities and training and manages safety performance outcomes. • Management clearly communicates to all Trane employees their safety expectations and strongly enforces compliance with those expectations. • Employees are held accountable when they fail to meet safety expectations. Local management and supervisory personnel at the local level are responsible for implementation of the following safety program elements: • The Safety Management System developed by Trane—developed in accordance with OHSAS 18001. • Audits and Inspections—Supervisors, Middle and Upper Managers must conduct field inspections. Corporate Safety conducts detailed compliance and management systems audits. • Company safety compliance programs—Ensure that they are fully implemented. • Safety and environmental performance—Tracked using a Balanced Scorecard with leading and lagging indicators and metrics. • Subcontractor Qualification— Implement this process to promote safety and safety plan compliance on multi-employer job sites. • Six Sigma and Lean—Use these productivity tools to enhance safety on job sites. • Drug and Alcohol Policy— Mandatory DOT required for-cause and post-accident testing after recordable injuries and property damage. • Motor Vehicle Records Search—Annual checking driving records of employees who drive company vehicles. Jobsite Safety Equals Customer Value At Trane safety is part of our culture for every employee. What this means to our customers is fewer job site accidents and the delays and liability concerns that come along with them. What this means to our staff is greater confidence in the practices and procedures they use on the job and the pride that comes from working for one of the premier service organizations in the world. Tighter safety standards and fewer accidents can also lead to better on-time project completion and higher quality results. When you use Trane Building Services to install, maintain or upgrade your building systems you will take full advantage of our superior safety program, low incident rates and subcontractor safety management procedures. These help you manage project risk more effectively than you could using multiple contractors or even a single prime contractor with a less impressive safety record. ��:�,. WE MAKf B(!ILDfNGS WORK BFITFR PoR LIFE�� -��-� TRAHE � �uiAdi:r�.ier��rces � � • � • I • � � • � � � � _ �: � s � ; � y � SERVICE PROPOSAL FOR: � � Tequesta Public Safety Facility Mechanical Annual Only 3 yrs Fire/Police 357 Tequesta Dr. Tequesta, FL 33469 _ p+�� + `'`'� '.� � ��� SITE ADDRESS: � �'�1 Tequesta Police�Fire Department � 357 Tequesta Dr. �''�'� � � ' Tequesta, FL 33469 ,.�,� . ,� �OCAL TRANE OFFICE: t-. ' Trane U.S. Inc. r. 6965 Vista Parkway North#11 ' � . • !`:� � West Palm Beach, FL 33401 ' �Fv r . � LOCAL TRANE REPRESENTATIVE: _- ����---l- ' � Amar Sukhai � �` Cell: (786)423-4196 ` T � Office: (561)683-1521 ' .t ���.1 � � PROPOSAL ID/AGREEMENT NUMBER '� DATE: October 5, 2018 „�,�.,..- �....,,, � > � .r �a,� . +�r ;�� �� �� .: - � :, + `t i� LL�, . ���� .• � rt 'p`� ,o. — . l����q �� . ��_ y�f'+y��T' V .ffi .0�"��..�r�-. .►��'_� WE MAKE BUILOlNGS WORK BETTER FOR L/FE."' � /��WE � T �1�rdir:�g aer vrce� TRANE SCHEDULED SERVICE AGREEMENT Executive �� �n���� Thank you for choosing Trane Building Services as your HVAC support partner. We are committed to working with you to help you ensure your building serves the needs of your organization. The details of that commitment are in the following pages. A Trane Scheduled Service Agreement will provide planned maintenance for your HVAC systems. The agreement assures that factory recommended services are executed on scheduled intervals. Beyond the benefits of a typical service plan, a Trane Scheduled Service Agreement can deliver enhanced value through an optional PerFormance Package. Trane is continuously collecting data from your HVAC system that can be streamed into a report to provide insight into the overall performance of your building. Based on a professional analysis of the report's findings, we can demonstrate opportunities for improvement, and recommend actions to help you achieve performance objectives for energy usage, operational efficiency, environmental impact, air quality and more. Additionally, as a Trane customer you can count on: -- _- 0 Priority Response—as a Trane Service Agreement customer you will � �!� r - have service priority, above time and materials customers. - � �� K �, '� 0 Advanced Diagnostics—Trane proprietary applications and technologies equip technicians to analyze system performance and make � actionable service recommendations. � ��'�' � Trane OEM Service Delivery—ensures the right services are completely '; , and consistently performed to keep your equipment running efficiently and reliably. : �� i ��'� � __�;;� � i - 0 Dedicated Trane Service Team—a local service team consisting of a Service Coordinator, one or more Service Technicians and an Account Manager, all of whom will be familiar with your service requirements, your � HVAC equipment and your facility. � � WE VALUE THE CONFIDENCE YOU HAVE PLACED IN TRANE AND LOOK FORWARD TO WORKING WITH YOU. WE MAKF 8(IILDlNG�WpRK BETTfR FOR LJFE"' � r � R�IVE � Buridir�g Se;vi�es TRANE SCHEDULED SERVICE AGREEMENT ����� ��� u� Proper maintenance can save an estimated 12-18%` of your budget compared to a run-to-fail approach. A Service Agreement is structured to help you capture those savings. Research has shown that regular maintenance can: � �' Cut unex ecied breakdowns b i��p � p y ..................................... : . Reduce downtime by ...................................................... �� ,� Lower equipment repairs and maintenance costs by...... A'. ..� � _ Reduce energy consumption by...................................... �� �� In addition to financial value, when you partner with Trane you can expect: De�e�l�abil�ty and �ons+s����c�, Assigned Service Team -Your service team will consist of our professional Service Coordinator, Service Technicians, and Account Manager with extensive HVAC experience. Our technicians have a thorough understanding of controts, heating, refrigeration, and airside systems. Priority Response-Royal Poinciana Chapel Inc will receive preferred service status. Priority Emergency Response is available on a 24-hour-per-day basis. Automated Scheduling System-Trane utilizes a computerized scheduling program to ensure that all services included in the agreement are performed. Si.it���ac>r Se��, �� DF�-+;��� Trane's OEM Service Delivery Process ensures consistent quality through: • Uniform service delivery • Pre-job parts planning • Documented work procedures • Efficient and economical delivery of services • Emphasis on Safety& Environments .� . �i� . � �, �-�. 1 f�.. WE MAKf BUILIl1NGS WORK BfTTER fOR LIFE." � TR�AHE � �U,r�,.ny s�,-�,��� � Superior Service Delivery �continued) Service Work Flow -Trane's industry exclusive service flow process includes detailed procedures that identify steps for: safety, parts, materials, tools, and sequence for execution. Trane's procedures also include steps for safety, quality control, work validation, and environmental compliance. This process assures a complete service event. No critical steps are skipped or lost. Systems serviced in this way offer a higher degree of reliability and operational longevity. Trane's exclusive service procedures deliver superior service and most reliable outcomes at the most cost-effective price. Where applicable, Trane's exclusive service process meets or exceeds � � ASHRAE 180-2008 Standard Practice for Inspection and Maintenance of Commercial Building HVAC Systems. Trane's proprietary program is unequalled in the industry. - < Kno�rl��ige Trari���r Documentation -Work performed on your equipment will be documented by the technician and reviewed with you at the completion of each visit. Operational System Optimization -Trane Technicians will review operating sequences and practices for the equipment covered by the agreement and advise you of operational improvement opportunities. Training for Facility Staff-Concurrent with annual start-up, your Trane Technician will instruct your operator how to operate the equipment covered by the agreement. . .. ��t�. Ili9 r�nl� 4JL9�Pd-�J✓ Safety Management Program -Trane Building Services employs several full time Occupational Safety and Health Administration (OSHA) 30-hr certified safety managers who are available to perform safety consultations related to the service performed at your site. Our Safety Management Program includes monthly safety training for all Trane Building Services field personnel, fleld supervisor jobsite audits, technician job safety analyses, and other key risk assessments and control strategies. Personal Safety-Trane service technicians are, at a minimum, OSHA 10-hr certified, or equivalent with yearly retraining on all key occupational safety and health topics. Most of our technicians have participated in "Smith Safe"driver training and are Department of Transportation (DOT) Hazmat certifled. They are provided with up to date personal protective equipment(PPE), training on its use and limitations, and FR protective apparel. Trane maintains an industry leading position in National Fire Protection Agency(NFPA) 70E Electrical Safety, technician ergonomics and fall protection programs. Drug-Free Workplace -Trane service maintains a Drug-Free Workplace, with a robust drug and alcohol testing program. � = TRAIVE � �'�.Jdi;,g Ser�;ces � Environmental Management Refrigerant Policy-Trane Building Services practices and procedures are compliant with all Federal and State laws and regulations concerning the proper handling, storage, and repair of leaks of ozone-depleting refrigerants and their substitutes according to Environmental Protection Agency regulation 40 CFR Part 82. Trane service technicians are Universal-certified and use only certified recovery equipment. Refrigerant Management Program -Trane Building Services maintains and uses Trane Refrigerant Management Software (RMS)to capture, manage and report Refrigerant Activity. The Refrigerant Activity Report Form is used by the technician to record all refrigerant activity that has occurred on each piece of equipment. The form data is entered into RMS after it is submitted to and checked by central office personnel. Annually, Trane prints a report from RMS of all Refrigerant activity that has occurred at each site. The report details all refrigerant activity performed by Trane Building Services Technicians for each piece of equipment, and can be used to satisfy reporting requirements. Oil Disposal -Trane Building Services removes used oil from your refrigeration units and disposes of it in accordance with applicable environmental regulations. Trane has a national contract with a leading provider of used oil services to recycle used oil where allowed and properly dispose of used oil which does not meet recycling requirements(in states where used oil is a hazardous waste, Trane will remove used oil from refrigeration units for the customer to arrange disposal). �r�ne i�'EIIigP�t �e��,�i��s With an active Trane service agreement and TracerT"' Building Automation System or other qualified controls, you are eligible for Trane Intelligent Services (TIS). A revolutionary integration of technology and Trane professionals, TIS monitors, analyzes and acts to improve the perFormance of building systems to support your business mission. There are many TIS offers that serve a range of needs: Alarm Notification, Building Performance, Energy Performance, Energy Assessment and Active Monitoring. These may be customized to meet your unique requirements. In addition to Alarm Notification, this proposal also includes the following Trane Intelligent Services offers: Tequesta Public Safety Scheduled Mechanical Service Agreement 3Yr. � TRANE� � �7u�Jdr��g�ervice.s , .. _ _ ,,. . , � - -.-,_ .< _. -�,__ � _ -r•�,. . , _ � � � � � � TRANE SCHEDULED MECHANICAL SERVICE �?GREEMENT � _, SERVICE PROPOSAL FOR� ,, �� Tequesta Public Safety Facility , Fire/Police - • 357 Tequesta Dr. , - Tequesta, FL 33469 - U.S.A. ,, Y�t� - SITE ADDRESS: Tequesta Police Department ;� $'���.���i...'� 357 Tequesta Dr. �;-„� ,,, Tequesta, FL 33469 �#�` . United States y� �e _ �� LOCAL TRANE OFFICE: „� Trane U.S. Inc. 6965 Vista Parkway North#11 West Palm Beach, FL 33401 LOCAI TRANE REPRESENTATIVE: Amar Sukhai Cell: (786)423-4196 Office: (561)683-1521 PROPOSAL ID/AGREEMENT NUMBER: DATE: October 5,2018 �. + .'''r� � �. "�.hr.;. ."s.`: �`a= Wf�4fAKE BUlLD/NGS INORX BETTfR FiJR LIfE." 02018 Trane All righls reserved Page 1 of 11 Scheduled Service Agreement Tequesta Public Safety Scheduled Mechanical Service Agreement 3Yr. � _— TR�INE � �uifding Services TRANE SCHEDULED SERVICE AGREEMENT �cope �f ��rvi��� — �tandard � nclusions Provided in your Scheduled Service Agreement: Tran� Scheduled �llair�tenan�� Scheduled number of specific service events and associated labor :.,� performed during Trane normal business hours as outlined in the . h `� "� Equipment Coverage and Services section of this Agreement. Basic materials and supplies determined necessary by the Trane Technician for the normal performance of Scheduled Maintenance are covered by the annual fee and include grease, c�eaning solvents. and wiping cloths. ` Refriger�� � � � LE This scope includes: • Refrigerant Replacement at 0"0 of Charge per unit per year � • Trane Technicians will capture and track all refngerant activity performed by Trane for each piece of Covered Equipment • Refrigerant Usage Reports can bt; generate� aru,�.ually Trane ��boratc�r j ,�r�ai The Trane Chemical Laboratory pertorms routine analysis and trending of oil, absorption solutions, and refrigerants as required. Equipped with this knowledge and Trane's extensive experience we can identify and � � head off potential system failures more definitively than service providers who depend on third party testing laboratories. O�t�ir�:n� Sn,-,,, ._� To obtain repair service within the Scope of Services, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. The Trane District o�ce identified on the first page of the Agreement is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For repair service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the Scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor/labour and prices for materials. Prior to Trane performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 02018 Trane Ali nghfs reserved Page 2 of i l Scheduled Service Agreement Tequesta Public Safety Scheduled Mechanical Service Agreement 3Yr. � _ , TR�II/E � '�L'fIf/1f7.(f' S2:'"i/lCES The following is an overview of the scope of Trane's services to be performed on Covered Equipment. Items marked are included in this agreement. � -_�.-,�,._�.�_�_.,�... ______.. __._.v.�__ .:._.___..__. .:_ s.. - ��s-��-= -�._,._�_.__ . �____.-��-_�. __... °"a� __ _ �-W i � Annual Maintenance Inspection (1)on all equipment listed ! __ � �� � � Scheduled Maintenance Labor � � Scheduled Maintenance Parts and Materials Emergency Repair Parts and Materials (labor pr�vided at prevailing hourly rate)-included in full coverage option Emergency Repair Labor: Repairs will be performed on covered equipment during Trane regular business hours. -included in full coverage option Overtime Repair Labor for Emergency Failures (outside Trane regular business hours)- included in full coverage option Refrigerant Replacement 10% of Charge per year- included in full coverage option Replace customer supplied belts on listed AHUs -Annually Please Note: Overtime Labor for Scheduled Maintenance, requested by customer,to be performed after regular Trane business hours,will be billed at$60.00 per hour, per technician. Specifically excluded under this agreement: • 10 Year Overhaul or 10 year/40,000 hour R'Newal Service if applicable • Repairs due to corrosion or erosion of equipment • Maintenance or repair of non-maintainable items (i.e. Piping, valves, insulation) • Power wiring, disconnect switches and circuit breakers • Crane or special rigging service required for repairs • Repairs resulting from acts of god (hurricanes, lightning etc) 02018 Trane Al!rights reserved Page 3 of 11 Scheduled Service Agreement Tequesta Public Safety Scheduled Mechanical Service Agreement 3Yr. � = rRavE � :u:i�'i;rg Sesvices TRANE SCHEDULED SERVICE AGREEMENT E� �ipm�n� Go�������� ��� �ervices . The following "Covered Equipment"will be serviced at: ��qu�est� F'�lic� ����r����� Mechanical S stem: Equipment Qt Manufacturer Model Number Serial Number Condenser Unit 1 Trane TTA240630SE 2201 W8NAD Air Handler Unit 1 Trane MCCA012GAZ K02B24303 Condenser Unit Roof 1 Rheem RARL-038JEC 8613W391200117 Air Handler Unit 1 Rheem n/a n/a Condenser Unit IT 1 Ruud n/a n/a Air Handler Unit IT 1 Ruud n/a n/a Te������ ���e t���� ��r���� Mechanical S stem: E ui ment Qt Manufacturer Model Number Serial Number Condenser Unit 1 Trane TTA180E300 10485NBCTA Air Handler Unit 1 Trane MCCA012GAZ K02624296 Condenser Unit S lit 1 n/a n/a n/a Air Handler Unit S lit 1 n/a n/a n/a Description Quantity Per Term Annual Factory Recommended Maintenance 1 02018 Trane All rights reserved Page 4 of 11 Scheduled Service Agreement Tequesta Public Safety Scheduled Mechanical Service Agreement 3Yr. � r z /�WE � BLiielrng servic�s TRANE SCHEDULED SERVICE AGREEMENT �u������ �������� FIOWS - . . . �___ _ . ___, 3 � . �� J� _ �� � 1 ��1 �� 1� �,. ti�[c� .'J,�,�I ���f�. : ^�� a V ���;� i,� �`~V ri "'-_ �- ; .� _ � �•`� �� G _ _ �- t�:...._._.__--___ ____.. �_ �___� � _�•� ��� The following Customer Service Flows provide additional service description detail for Covered Equipment. Note: There may be differences per the agreement in the work being performed between sites and the equipment on those sites. Mechanical System: Condenser Annual Maintenance Description • Customer Notification • Initial Site Inspection • Review Diagnostics • Verify Line Voltage • Lock Out Tag Out where applicable • Acid Test • Electricallnspection • Condenser Fan Check • Visual Condenser Coil Check • Low Temperature Sensor Calibration • Leak Test Inspection • Meg Compressor Motor(s) • Condenser Coil Cleaning • Remove Lock Out Tag Out and Restore Power • Start Unit • Complete Required Paper Work 02018 Trane All rights reserved Page 5 of 11 Scheduled Service Agreemenf Tequesta Public Safety Scheduled Mechanical Service Agreement 3Yr. � � r�wE Sui/ding�ervices Air Handler Annual Maintenance Description • Customer Notification • Initial Site Safety Inspection • Visual Equipment Inspection • Lock Out Tag Out • Electrical inspection • Supply Fan and Motor Inspection • Meg Supply Fan • Condensate Drip Pan Treatment • Condensate Inspection • Air Handler Filter Inspection • Return Unit to Normal Operation • Manual Log With Electronic Device '� rRavE � Bui/ding Services 02018 Trane AI!rights reserved Page 6 of 11 Scheduled Service Agreement Tequesta Public Safety Scheduled Mechanical Service Agreement 3Yr. TRANE SCHEDULED MECHANICAL SERVICE AGREEMENT ������� � �� �������� r��� Douglas Chambers Site Address: Superintendent Tequesta Public Safety Fire/Police Tequesta Public Safety Facility 357 Tequesta Drive 357 Tequesta Drive. Tequesta, FL 33469 Trane Service Agi���nes�t This Service Agreement consists of the pages beginning with the title page entitled "The Agreement,"the consecutively numbered pages immediately following such title page, and includes and ends with the Trane Terms and Conditions (Service) (collectively, the"Service Agreement"or"Agreement"). Trane agrees to inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the"Terms and Conditions,"and "Scope of Services"sections. Trane agrees to give preferential service to Customer over non-contract customers. Ser�iice Fee As the fee(s) (the"Service Fee(s)")for the inspection and maintenance services described in the Scope of Services section with respect to the Covered Equipment, Customer agrees to pay to Trane the following amounts, plus applicable tax, as and when due. Mechanica! Strai ht Time$138/Hr Overtime$207/Hr Holida $276/Hr Contract Year Annual Amount Contract T e Year-1 $5,274.00 Mechanical Ins ection Onl Year-2 $5,274.00 Mechanical Ins ection Onl Year-3 $5,274.00 Mechanical Ins ection Onl �A one-time 3.00 °/a discount is offered for full payment of 1 year(s)in advance of the commencement of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated based upon the pre-discounted price. The discount for advance payment is not applicable to credit card transactions. Please check the box for this option. In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer and, if a"Service ProjecY' is included in the Agreement, the Cancellation Fee set forth in "Exhibit A" Cancellation Schedule attached hereto and incorporated herein, which Cancellation Fee represents unbilled labor, non-labor expenses and parts materials and components. �r"3' The Initial Term of this Service Agreement is 3 years, beginning November 1, 2018 and expiring October 5, 2021. However, Trane's obligation under this Agreement will not begin until authorized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. � TRAII/E � Following expiration of the initial term on October 31, 2021, this Agreement shall renew automatically for successive periods of 1 year(the"Renewal Term")until terminated as provided herein. If you do not want to 02018 Trane All rights reserved Page 7 of 11 Schedufed Service Agreement Tequesta Public Safety Scheduled Mechanical Service Agreement 3Yr. renew this Agreement for the Renewal Term, please notify Trane by telephone or by U.S. mail prior to the expiration date set forth in the preceding sentence. If any questions arise regarding this Service Agreement or how to cancel this Agreement, Trane can be reached either by telephone at or by direct mail addressed to: 2884 Corporate Way Miramar, FL 33025. ReP�ev+i�al �'ric±ng Adjusimeri't The Service Fees for an impending Renewal Term shall be the current Service Fees (defined as the Service Fees for the initial Term or Renewal Term immediately preceding the impending Renewal Term)annually adjusted based on changes to the cost of service. The Service Fees for an impending Renewal Term shall be set forth in the service renewal letter furnished to Customer. Cas��c����atior� �y C�,st��>>e�� ��-�i�r te ue��;��es: Refund If Customer cancels this Agreement within (a)thirty(30)days of the date this Agreement was mailed to Customer or(b)twenty(20)days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and if no Services have been provided by Company under this Agreement,the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent(10%)penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45)days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its retum to Company. Ca���e!lation by Company This Agreement may be cancelled during the Initial Term or, if applicable, a Renewal Term for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to the scheduled expiration date and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. This Agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions(Service). Submitted By: Amar Sukhai Cell: (786)423-4196 Office: (561)683-1521 Proposal Date October 5, 2018 CUSTOMER ACCEPTANCE TRANE ACCEPTANCE � _ Authonzed Representative ��y��l� �� ~ Authorized Representative Printed Name Title: Services-Account Manaqer Titte SiQnature Date: October 5,2018 Purchase Order Acceptance Date License Number: CACO23485 Terms �nd Con� ��F�ns "Company"shall mean Trane U.S.Inc.for Company performance fn the United States and Trane Canada ULC for Company performance in Canada. 1. Agreement. These terms and conditions("Terms')are an integral part of Company's offer and form the basis of any agreement(the"AgreemenY')resulting from Company's proposal(the"Proposal")for the following commercial services as stated in the Proposal(collectively,the"Services"):mspection,maintenance and repair(the'Maintenance Services")on equipment(the"Covered Equipment"),specified Additional Work(if any),and,if inGuded in the Proposal,Intelligent Services.Energy Assessment,Energy Performance Solutions,and any other services using remote conneclivity(collectively and individually referred to in these Terms as"Energy and Building Per(ormance Services"). COMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 02018 Trane All rights reserved Page 8 of 11 Scheduled Service Agreemenf Tequesta Public Safety 5cheduled Mechanical Service Agreement 3Yr. 2. Acceptance. The Proposal is subject to acceptance in writing by the perty to whom this offer is made or an authorized agent("Customer")delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposai by placing an order,without the addition of any other terms a�d conditions of sale or any other mod'dication, Customer's order shall be deemed acceptance of the Proposal subject to ttiese Terms and Conditions. If Customers order is expressly conditioned upon Company's acceptance or assent to tertns and/or conditions other than those expressed herein,retum of such order by Company with Companys Tertns and Condftlons attached a referenced serves as Company's notice of objectlon to Customer's terms and as Company's counter-0ffer to perfortn in accordance with the Proposal and Company Tertns and Conditions. fF Customer dces not reject or object in writing to Company within 10 days,Company's counter-offer will be deemed accepted. Customers acceptance of perfortnance by Company will in any eveM oons6tute an acceptance by Customer of Company's Terms and CondRions. This Agreement is subject to credit approval by Company. Upo�disapproval of credit, Company may delay or suspend perFormance or,at its option,renegotiate prices and/or Terms and Conditions with Customer. lf Company and Customer are unable to agree on such revisio�s,this Agreement shall be cancelled without any liabiliry,other than Customer's obligation to pay for Services provided by Company to the date of cancellafion. 3. Feea and Taxes. Fees for the Services(the"Service Fees")are as set forth in the Proposal.Except as othervvise stated in the Proposal,Service Fees are based on performance during regular business hours.Charges for pe�fortnance outsi�Company's nortnal business hours shall be billed separately according to then prevailing overtime or emergency laborllabour rates. In addition to the stated Service Fees,Customer shall pay all taxes not legally required to be paid by Company or,altematively,shall provide Company with an acceptable tax exemption certificate. 4. PaymeM. Payment is due upon receipt of Company's invoice. Service Fees shall be paid no less frequently than quarterly and in advance of perfortnance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the mabmum allowable legal interest rate or 1.5°k of the principal amount due at the end of each month. WiUwut liability to Customer, Company may discontinue performance whenever payment is overdue. Customer shall pay all costs(including attomeys'fees)incurted by Company in attempting to col�ect amounts due or othervuise e�forcing this Agreement. 5. Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right,without an election of remedies,to suspend perFormance or terminate this Agreement by delivery of wri@en notice declaring termination.Upon termination,Customer shall be liable to the Company for all Services fumished to date and all damages sustained by Company(including lost profit and overhead):(a)My failure by Customer to pay amounts when due; (b)any general assignment by Customer for the benefit of its creditors,Customers bankruptcy,insolvency,or receivership;(c)My representadon or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made;or(d)Any failure by Customer to perform or compty with any material provision of this Agreement. 6. Performance. Company shall perfortn the Services in accordance with indusVy standards generally applicable in the state or province where the Services are pertormed under similar circumstances when Company perfortns the Services.Company may refuse to perform where working conditions could endanger property or put people at risk. Unless othervvise agreed by Customer and Company, at Customer's expense and before the Services begin, Custaner will provide any necessary access platforms,calwalks to safely perfortn the Services in compBance with OSHA,state,or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines.This Agreement presupposes that alI major pieces of Covered Equipment are in proper operating condition as of the date hereof. Services furnished are premised on the Covered Equipment heing in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement,or upon initial inspection,and/or upon seasonal start-up(ff induded in the Services),if an inspection by Canpany of Covered Equipment indicates repairs or replacement is required,Company will provide a written quotation for such repairs or replacement, If CusWmer does not authorize such repairs or replacement, Company may remove the unacceptaWe equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customers lelephone line or r�twork infrasWcture to connect to conhols,systems and/or equipment provided w serviced by Company and to provide Services contraded for or otherwise raquested by Customer,including remote diagnostic and repair service.Customer acknowledges that Company is not responsible for any adverse impact to Customer's communications and network infrastructure. Company may elect to instalVattach to Customer equipment or provide portable devices (hardware andlor soflware)for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no eveM shall become a flxture of Customer locations. Customer shall not acquire any interest,tide or equity in any hardware,software, processes,and other irrtellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at iGs discretion. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. 7. Customer Obligations. Customer shall:(a)Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations conceming teardown and intemal inspectio�, major overhaul, restorati� or refurbishing of the Covered Equipment;unless expressly stated in the Scope of Services statemen�Company is not performing any manufacturer recommended teardown and intemal inspection,major overhaul,restoration or refurbishing of the Covered Equipment;and(c)Where applicable,unless wa0er Veatrnent is expressly induded in the Services,provide professional cooling tower water treatrnent in accordance with any reasonable recommendations provided by Company. 8. Exdusions. Unless expressly included in tlie Covered Equipment or the Services,the Services do not include,and Company shall not be responsible for or liable to the Customer for any daims,losses,damages or e�cpenses suffered by the Customer in any way connected with,relating to or arising from,any of the fdlowirx,�:(a)Any guarentee of room conditions or system performance;(b)Inspection,maintenance,repair,replacement of or services for:chilled water and condenser water pumps and piping;electrical disconnect switches or arouit breakers;motor starting equipment that is not factory mounted and iMerconnecting power wiring;recording or portable instruments,gauges or thertnometers;non-moving parts or non-maintainable parts of the system,including,but not limiled to,storage tanks; pressure vessels,shells,coils,Wbes,housings,castings,casings,drain pans,panels,duct work;piping:hydraulic,hydronic,pneumat�,gas, or refigerant;insuladon;pipe covering; refractory material;fuses,unft cabinets;electrical wiring;ductwork or conduit;electrlcal disMbutfon system;hydronic sWctural supporfs and similar items:the appearance of dewrative casing or cabinets;damage sustained by other equipment or systems;and/or any failure, misadjustrnent or design defiaencies in other equipment or systems;(c)Damage,repairs or replacement of parts made necessary as a resutt of electripl power failure, low vdtage, bumed out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of life failure, water damage, improper operetion, unauthorized alteration of equipment, acadeM, acts or omissions of Customer or others, damage due to freezing weather, calamiry, malicious act,or any Event of Force Majeure;(d)My damage or malfuncdon resumng from vibratlon,electrdytic action,freezing,contaminatiw�,corrosion, erosion,or caused by scale or sludge on intemal tubes except where water treatment protection services are provided by Company as part of this Agreement; (e)Fumishing any items of equipment,material,or laborllabour,or perfoRning special tests recommended or required by insurance companies or federal,state, or local�vemments;(�Failure or inadequacy of any structure or foundadon supporting or surrounding the equipment to be worked on or any portion thereof; (g)Building access or afterations that migM be necessary to repair or replace Customer's existing equipment;(h)The normal function of starting and stopping equipment or the opening and dosing of valves,dampers or regulators normally installed to protect equipment against damage;(i)Valves that are not facrory mounted: balance,stop,control, and other valves external to the device unless specifically included i�the Agreement; Q)Any responsibility for design or redesign of the system or the Covered Equipment, obsolescenoe, safety tests, or removal or reinstallation of valve bodies and dampers; (k)My services, claims, or danages arising out of Customer's failu2 to comply with ils obligaGons under this Agreement; (I) Failure of Customer to follow manufadurer recommendations conceming teardown and intemal inspection,overhaul and refurbishing of equipment;(m)My daims,damages,losses,or expenses,arising irom or related to condidons that e�dsted in,on,or upon the premises before the effective date of this Agreement{`Pre-Euisting Conditions"),including,without limitation,damages,losses,or expenses invdving pre-existing building envelope issues,mechanical issues,plumbing issues,and/or indoor air quality issues invoNing mold/mould and/or fungi; (n) Replacement oi reftigerant is exduded, unless replacement of refigerant is expressly stated as induded within the Services,in which case replacement shall in no event exceed the stated percentage of rated system charge per year expressty stated in the Services;(o)crane or rigging costs;(p)Any Services,daims,or damages arising out of reftigerant not supplied by Trane. Customer shall be respo�sible for:(i)The cost of any additional replacement refrigerant;(ii)Operation of any equipment;and(iii)My Gaims,damages,losses,or expenses,arising frwn or related to work done by or senrices provided by individuals or entities that are not employed by or hired by Company. 9. Limited Warranty. Company warrants that:(a)the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manuhadure for a period of 12 months from the earlier of the date of equipment start-up or replacement;and(b)the IaborAabour portion of the Maintenance Services and Additional Work has been properiy perfortned fa a period of 90 days from date of completion(the"Limited Warranty"). Company obligations of equipment start-up,if any are stated in the Proposal,are coterminous with the Limited Wartanty period. Defeds must be reported to 02018 Trane All rights reserved Page 9 of 11 Scheduled Senrice Agreement Tequesta Public Safety Scheduled Mechanical Service Agreement 3Yr. Compeny within the Limited Warranty period.Compeny's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its optian and to correcting any labodlabour improperly perfortned by Company. No Ilability whatsoever shall attach to Company u�til the Maintenance Services and Additional WoAc have been paid for in full.Exclusions from this Wartanry include daims,losses,damages and expenses in any way connected wiih,related to or arising from failure a malfunction of equipment due to the fdlowing:wear and tear,end of life failure;cortosion;erosion;deterioradon;Customers failure to idlow the Company-provided maintenance plan;unauthorized or Improper malntenance;unauthonzed or improper parts or mateMal;refrigerant not supplied by Trane;and modficatlons made by others to equipmeM. Company shall not be obligated to pay for the cost of lost refigerant or lost product. Some components of equipmeM manufacWred by Company may be warranted directly from the component supplier,in which case ihis Limited Wartanty shall not apply to those components and any warranty of such components shall be the wartanty given by such component supplier.NolwithsTanding the foregang, all warranties provided herein terminate upon tertnination or cancellation of this Agre�nent. Equipment,material and/or parts that are not manufactured by Company are not warranted by Company and have such wananties as may be extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS UMITEO WARRANTY ARE THE SOLE AND EXCLUSNE REMEDIES FOR WARRANTY CWMS PROVIOED BY COMPANY TO CUSTOMER UNDER TNIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LU181LITIES, LIABIUTIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT,WARRANTY,STATUTE OR TORT(INCLUDING NEGUGENCE),EXPRESS OR IMPUED,IN LAW OR IN FACT,INCLUDING ANY IMPUED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ANDIOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCWMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONOfTIONS OF ANY KIND, EXPRESS OR I�IPLIED, INCLUDING ANY IMPLIED WARRANTIES OF CIUAUTY, FRNESS, MERCHANTABILITY, DURABILITY ANDlOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES,OR ANY COMPONENT THEREOF, OF MOLDlMOULD, FUNGUS, BACTERUI, M�CROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCl1UMS ANY LIABILITY IF TNE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBR TNE GROWTH OF SUCH MATERIAL3. THE ENERGY AND BUILDING PERFORMANCE SERVICES ARE PROVIDED ON AN'AS IS'BASIS YYITHOUT WARRANTIES OF ANY KIND. 10. Indemnity. To the maximum extent permitted by law,Company and Customer shall indemnify and hdd hartnless each other from any and all claims, actions, costs,expenses,damages and liabilities, induding reasonable attomeys'fees, resulting from death or bodily injury or damage to real or personal property, to the exterrt caused by the negligence or miscondud of the indemnifying party, andlor its respective employees or other authorized agerrts in wnnection with their activides within the scope of this Agreement.Neither party shall indemnify the other against Gaims,damages,expenses,or IiabiliGes to the extent attributable to the acts or omissions of the other party or third parties.IF the parties are both at fautt,the obligation to indemnify shall be proportional to their reladve fault. The duty to indemnify and hold harmless will continue in full force and effect, norivithstanding the expiration or early tertnination of this Agreement,with respect to any deims based on fads or conditions that occurced prior to expiratio�or termination of this Agreement. 11.Limitatfon of Liability. NOTWITHSTANDING ANYTFIING TO THE CONTRARY,NEITHER PARTY SHALL BE LIABLE FOR SPECL4L,INCIDENTAL, INDIRECT,OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KWD(INCLUDING WITHOUT LIMRATION REFRIGERANT LOSS,PRODUCT LOSS, LOST REVENUE OR PROFITS. OR LIABILITY TO THIRD PARTIES►, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE,TORT(INCLUDING NEGUGENCE),STRICT LIABILITY, INDEMNRY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWfTHSTANDING ANY O7HER PROVISION OF THIS AGREEMENT,THE TOTAL AND AGGREGATE IJABIIJTY OF THE COMPANY TO 7HE CUSTOMER WITH RESPECT TO ANY AND ALL CLAINS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT,WHETHER BASED IN CONTRACT,WARRANTY,STAME,TORT(INCLUDING NEGLIGENCE),STRICT LIABILITY,INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECENEO BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING 7HE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR TIiE LOCATION 1AMERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LJABLE FOR ANY DAMAGES (WHETHER DNZECT OR INDIRECn RESULTING FROM MOLDIMOULD, FUNGUS, BACTERIA,MICROBIAL GROYYTH,OR OTHER CONTAMINATES OR IURBORNE BIOLOGICAL AGENTS. TO 7HE MAXIMUM El(TENT ALLOWED BY LAW, COYPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTI�I WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DEL.ETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRU3; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED: AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 12 Asbestos and Hazardous Materlals. The Services expressly exclude any identification,abatement,cleanup,control,disposal, remrnal or other work connected with asbestos polychbrinated biphenyl ("PCB'), or other hezardous materials (collectively, "Hazardous Materials'). Customer wamants and represents that there are rw Hazardous Materials on the premises that will in any way aifect Company's perfortnance,except as set forth in a writir�signed by Company disGosing the epstence and location of any Hazardous Materials in all areas within which Company will be perfortni�g. Should Company become awa►e of or suspect the presence of Hazardous Materials,Company may immediately stop work in the affected area and notrfy Customer. Customer will be responsible for cortecting the condition in accordance with all applicable laws and regulations. Customer shall be exdusively responsible for and shall indemnify and hold harmless Company(including its employees,agents and subcontractors)from and against any loss,daim,liability,fees,penalties,injury(inGuding death)or liability of any nature,and the payment thereof,arising out of or relatlng to any Hazardous Materials on or about the premises,not brought onto the premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials or when the affected area has been rendered harmless.In no event shall Company be obligated to trensport or handle Hazardous Materials,provide any notices to any govemmental agency,or examine the prem�es site for the presence of Haza►dous Materials. 13. Insu►anee. Company agrees to maintain the following insurance during the tertn of this Agreement with limits not less than shown below and will,upon request from Customer,provide a Certificate of evidenang the fdlowing coverage: Commeroial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensadon SWWtory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Companys manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event dces Company or its insurer waive rights of subrogation. 14. Force Majeure. Companys dury to perform under this Agreement is contingent upon the non-occumence of an Event of Force Majeure. M Company is unable to carry out any material obligation under this Agreemerrt due to an Event of Force Majeure,this Agreement shall at Company's election(i)remain in effect but Companys obligations shall be suspended until the uncontrollable event tertninates or(ii)be terminated upon 10 days notice to Customer,in which event Custamer shall pay Company for all parts of the Services fumished to the date of tertnination. M'Event of Force Majeure"shall mean any cause or event beyond the control of Company. Without limi[ing the foregang,'Event of Force Majeure"indudes:ac[s of God;ads of terrorism,war or the public enemy, flood;earthquake;lightning;tomado;storm;fire;civil disobedience;pandemic;insurrections;riots;IaborAabour disputes;IaborAabour or material shortages from the usual sources of supply;sabotage;restreint by court order or puWic authority(whether valid or invalid),and action or non-action by or inability to obtain or keep in force the necessary�vemmental aufhorizaGons,pertnits,licenses,certificates a approvals'rf not caused by Company;and the requirements of any applicable govemment in any manner that diverts either the mffierial or the finished product to the direct or indirect beneflt of the govemment. 15. Mainbnanee Sarviees Other Than Solely SeF�edulad Serviee. If Companys Maintenance Services hereunder are not limited solely to Scheduled Service,ttie following provisions shall also apply: (a)Required restoration shall be perfortned by Customer at its cost prior to Company being obligated to perfortn hereunder,(b)any dianges,adjustments,service or repaire made to the Equipment by eny party other than Company,unless approved by Company in writing,may,at Company's option,terminate Company's obligation to render further service to the Equipment so affected;in such case no refund aF any portion oi the Service Fees shall be made;and(c)Customer shall(i)promptly notify Company of any unusual performance of Equipment;(ii)pertnk only Company personnel to repair or adjust Equipment and/or controls during the Term or a Renewal Tertn; and (iii) utilize qualified personnel to propeAy operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 1G Remobs Connectivity. Customer grenfs to Company the right to remotely connect(via phone modem,intemet or other agreed upon means)to Customers building automation system (BAS)and or HVAC equipment to view, extract, or otherwise cdlect and retain data from the BAS, HVAC equipment or other building systems,and to diagnase and remotely make repairs at Customers request. The Intelligent Services, induding any reports and other information Company provides, are inte�ded to provide operational assessments and recommendatlons. Electronic Monitoring. Any electronic monitoring Company performs is undertaken solely to enable Company to cdlect the data and perform any analysis inGuded in Company's Services.Customer agrees that Company is not liable for inability to perfortn and/or losses that may occur in cases of malfuncdon or no�functioning of communicatians equipme�t, HVAC and other equipment,the energy management system,failure W identify equipment or system performance issues,failure to recommend cortecbve acGon,or otherwise related to the monitoring of Customers equipment and building systems. Data Collected.Customer hereby grents to Company the irrevocable, perpetual, no�exGusive,worldwide,royalty-free right and license to use,reproduce,display,distribute intemally or extemally and prepare derivative worics based upon any such data Company cdlects from Customer.Company shall not use or publish such data in any way that identifies Customer as the source of that data without 02018 Trane All rights rieserved Page 10 of 11 Scheduled Service Agreement Tequesta Public Safety Scheduled Mechanical Service Agreement 3Yr. Cusbmer s prior written consent. The data Company will collect from Customer will not indude any personal or individual informadan.Upon Customer's written request,Company will endeavor ro provide an elechonic copy of data collectad from Customer,subject to availabiHty.For Energy and Building Pertamance Senrices(except Energy Assessments and digital assessments), Company will use commercially reasonable efforts to store Customers data for up to 18 months.Company cannot guarantee the availability of the data.Data Privacy and Security. Company has implemerrted various secunty measures for the purpose of protecting Customer's data against accidental or unlawful access,unauthorized disclosure,loss,destruction,and atteratlon.Customer is responsible for maintaining the cor�dentiality of Customer's user name(s)and password(s). Customer is responsible for all uses of Customers password(s),whether or not authorized by Customer. Customer must infortn Company immediately of any unauthorized use of Customer's user name(s)or password(s). Transmission of data over the Intemet by its nature entails the use ot systems under the control of third paAies,and as a result Company cannot ensure total conUd of the security of such systems. Company will take commercially reasonable efforts to ensure that dafa and other configuretion parameters are not visible or accessed by other customers. Customer acknowledges that the very nature of communica6on via the Intemet restricts Company from offering any guarantee oi the privacy or confidentiality of infortnation relating to Customer passing wer the Intemet In gaining access via the Intemet, Customer also adcnowledges and accepts that electronic communiption may not be free from irrterference by unauthorized persons and may not remain confidentlal.Customer tlierefore accepts that accc�sss and storage oi data is at Customer's own risk. Company will notify Customer of any breach in securiry of which Company become aware.Any breach in privacy of which Cusromer become aware should be reported by Customer to Company immediately. Company dces not disdose Customer's informadon to third parties for their marke6ng purposes, but Company does use third party software and services to assist Company with collecting and analyzing informatlon. Company may also disclose Customer's infortnation if required to do so by law,in which case,Company would inform Customer of such disclosure. 17. Genarol. Except as provided below,to the mawmum extent provided by law,this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company perfortns the Services. Any dispute arising under or relating to this Agreement shall be decided by li�gation in a court of competeM jurisdiction located in ihe state or province in which the Services are perfortned. To the extent the premises are owned and/or operated by any agency of the United States Federal Govemment,determinadon of any substantive issue of law shall be accorcling to the United States Federal common law of Govemment contracts as enunciated and applied by United States Federal judicial bodies and boards of contract appeals of the United States Federal Govemment. This Agreement contains all of lhe agreeme�fs, representa0ons and understandings of the parties and supersedes all previous understandings,commitments or agreements,oral or written,related to the Services. If any term or condition of this Agreement is invalid,illegal or incapable of being enforced by any rule of law, all other Tertns of this Agreement will nevertheless remain in full forcz and effect as bng as the economic or legal substance of the trdnsaction coMemplated hereby is not affected in a manner adverse to any party hereto.Customer may not assign,transfer,or convey this Agreement,or any part hereof,wifhout the written co�se�t of Company. Subject to the foregang,this AgreemeM shall bind and inure to the benefit of the parties hereto and their pertnitted successors and assigns. This Agreement may be executed in several counterpaRs,each of which when executed shall be deemed to be an original,but all together shaA cons6tute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original.Customer may rwt assign,transfer,or convey this Agreement,or any part hereof,or its right,Hde or interest herein,without fhe written consent of Company.Subject to the foregoing,this Agreement shall be binding upan and inure to the benefit of the parties'respective successors and assigns.No tailure or delay by the Company in enforang any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 18. Equal EmpbymeM OpportunitylARirmative Aetlai Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended,and the applicable regulations contained In 41 C.F.R.Parts 60-1 through 60-60,29 U.S.C.Section 793 and the applicaWe regulaUons contained in 41 C.F.R.Part 60.741;and 38 U.S.C.Section 4212 and the applicable regulations mntained in 41 C.F.R.Part 60-250 Executive Order 13496 and Section 29 CFR 471,appendix A to subpart A,regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982(U.K.)1982,c.11 and applicable Provinaal Human Rights Codes and employment law in Canada. 19. U.S.Garemment Services. The following provlslon applies only to dlrect salas by Company to the US Govemmerrt. The Parties acknowledge that all kems or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisitio�Regulation(FAR).In particular,Company agrees to be bound only by those Federal contracting dauses that apply to"commercial"suppliers and that are contained in FAR 52.212- 5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installaUon contracting business. The fdlowing provision applies only to indirect sales by Company to the US GovernmeiH. As a Commercial Item Subcontractor, Company acc:epts only the followirg mandatory flow down provisions: 52.219-8;52.222-26;52.222-35;52.222-36;52.222-39;52.247-64.If the Services are in connection with a U.S.Govemmerrt coMract,Customer certifies that it has provided and will provide curteM,acxurate,and complete information,representations and certifications to all govemment officials,induding but not limited to the conVacting officer and offiaals of the Small Business Administration,on all matters related to the prime contract,induding but not limited to all aspects of its ownership,eligibility,and perfortnance. Anything herein nolwithstanding,Company will have no obligations to Customer unless and uMil Customer provides Company with a true,correct and complete executed copy of the prime contract. Upon request,Customer will provide copies to Company of all requested written communications with any govemment offiaal related to the prime contrad prior to or concurrent with the execution thereof,inGuding but not limited to any communicadons related to Customer's ownership,eligibiliry or perfortnance of the prime contract.Customer will obtain writien authorizatio�and approval frnm Company prior to providing any government offiaal any infortnation about Companys performance of the Services that are the subject ot the Proposal or this Agreement,other than the Proposal or this Agreement. Z0. Limited Waiver o(Sovareign Immunity. If Customer is an Indian tribe(in the U.S.)or a Frst Nation or Band Council(in Canada),Customer,whether acting in its capaaty as a govemment,govemmental entity,a duly aganized corporate entity or otherwise,for itself and fw its agents,successors,and assigns: (1) hereby provldes Mis Ilmfted waiver or Rs sovereign immunity as to any damages, daims, lawsuit, or cause of action (herein'Action") brought against Customer by Company and arising or alleged to arise out of the fumishing by Company of any product or service under this Agreement,whether such Action is based in contract,tort,sVict liability,civil liability or any other legal theory;(2)agrees that jurisdidion and venue for any such Action shall be proper and valid(a) if Customer is in the U.S., in any state or United States court located in the state in which Company is perfortning this Agreement or(b)if Customer is in Canada,in the superia court of the province a territory in which the wark was perfortned;(3)expressly consents to such Action,and waives any objection to jurisdictan or venue: (4)waives any requirement of exhaustion of Vibal court or adminisVative remedies for any Action arising out of or related to this Agreement;and(5)e�ressly adcnowledges and agrees that Company is not subjec[to the jixisdiction of Customer's tribal court or any similar tribal forum,that Customer will not bring any action against Company in tribal court,and that Customer will not avail itself of any ruling or direction of the tribal court permitting or dfrecting It to suspend its payment or other obligations under this Agreement. The individual signing on behatf of Customer wartants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer,enforceable in accordance with its tertns. t-26.130-7(0415) Supersedes 1-26.130-7(1114) 02018 Trane Al!rights rieserved Page f i of 11 Scheduled Service Agreement � 7�HE� �' au,���,��s==��,;-�5 ,_, � ;� , �. :� � � � � CONTENTS: Safety . � ��,��,��_ ' .��"'�, :� � WE MAKf B!lILDINGS WORK BE7TER FpR LIFE.' � � TR�111/E � S a�et� ,,�,.�.:,ar;.�,�,;��� , _ ___ -__ _ �: �- .�.� ���r.�s ` ,�. . . � : �:�r4"x :ti ..___-- — -.._ _--_. ._. . _.. . �.�-..--:.�.. .._.. ,_ . Trane's Safety Standard Trane is committed to providing a safe work environment for all employees and to preventing accidents in its business operations. To accomplish our objectives Trane has instituted safety programs, procedures and training that incorporate a progressive approach to injury prevention. Proven Safety Success Trane's safety culture in North America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. Trane Injury Rates v. Industry Competitors Since 2003 the US Bureau of Labor Statistics records reflect Trane's Total Recordable Rate(TRIR)and Days away from work (DAFW) rate have been significantly lower than HVAC repair and maintenance contractors and Specialty Trade contractors (construction).Trane's safety culture in America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. Trane's incident(OSHA) rates are consistently 50-70% below the industry average. This outstanding safety achievement is the end result of the rigorous team oriented approach to our safety program that creates accountability and empowerment in all employees and management and fuels our institutional safety culture. This is the key to our continual improvement. Safety Tools, Training & Expertise Trane's service and contracting technicians are not only among the most skilled in the industry they are also extensively trained in safe work procedures. Our technicians receive safety training, equipment, tools, procedures, and management support to identify jobsite hazards and take appropriate measures to prevent personal injuries. The resources available to Trane technicians include: • Safety Training—20 hrs per year, including classroom and web-based platforms. -Topics include, but are not limited to, Lockout/Tagout, Confined Space Entry, Hazard Communication, Respiratory Protection, Hearing Conservation, Excavations, Scaffolding, Rigging, Powered Industrial Truck operation, Ladders, Vehicle Safety, Fire Protection, PPE, Emergency Response, First Aid/CPR. • Electrical Safety—NFPA 70E compliant—electrical PPE; flame-resistant clothing; training. • Fall Protection—full complement of fall arrest and fall restraint equipment for each technician. • Ergonomics—custom-designed for HVAC field technicians, includes training, material handling equipment and procedures. WE MAI(E BUlLOINGS WORK BETTER FOR LIFE." � - T/�WE � �����,:f;r,y.�N�;;v�� Safety Tools, Training 8 Expertise (continued) • Smith System Safe Driving Program —Trane's safety Managers are certified instructors; safety Managers train technicians; 1-800 "How's My Driving?" stickers are located on the back of service vehicles. • USDOT compliance—technicians scheduled within Material of Trade and Hours of Service limits and are fully qualified under Department of Transportation rules for driving commercial motor vehicles with GVWR >10,000 and 26,000 Ibs. • Refrigerant Management—Service technicians are trained to manage refrigerant in accordance with U.S. EPA rules using a sophisticated electronic tracking system developed by Trane. • Empowerment-Technicians are empowered with full management support to address safety hazards as they see fit. If ever in doubt about how to do a job or task safely, the technician is required to ask a qualified person for assistance before proceeding with work. Management Leadership and Commitment Accident prevention is a primary responsibility of management at Trane. Trane's safety culture is based on the following management principles: • Leadership at the local level manages the local organization's safety performance. • Management is financially accountable for safety performance. • Local management is actively engaged in risk reduction activities and training and manages safety performance outcomes. • Management clearly communicates to all Trane employees their safety expectations and strongly enforces compliance with those expectations. • Employees are held accountable when they fail to meet safety expectations. Local management and supervisory personnel at the local level are responsible for implementation of the following safety program elements: • The Safety Management System developed by Trane—developed in accordance with OHSAS 18001. • Audits and Inspections—Supervisors, Middle and Upper Managers must conduct field inspections. Corporate Safety conducts detailed compliance and management systems audits. • Company safety compliance programs—ensure that they are fully implemented. • Safety and environmental performance—tracked using a Balanced Scorecard with teading and lagging indicators and metrics. • Subcontractor Qualification—implement this process to promote safety and safety plan compliance on multi- employerjob sites. • Six Sigma and Lean—use these productivity tools to enhance safety on job sites. • Drug and Alcohol Policy—mandatory DOT required for-cause and post-accident testing after recordable injuries and property damage. • Motor Vehicle Records Search—annual checking of driving records of employees driving company vehicles. Jobsite Safety Equals Customer Value At Trane safety is part of our culture for every employee. What this means to our customers is fewerjob site accidents and the delays and liability concerns that come along with them. What this means to our staff is greater confidence in the practices and procedures they use on the job and the pride that comes from working for one of the premier service organizations in the world. Tighter safety standards and fewer accidents can also lead to better on-time project completion and higher quality results. When you use Trane Building Services to install, maintain or upgrade your building systems you will take full advantage of our superior safety program, low incident rates and subcontractor safety management procedures. These help you manage project risk more effectively than you could using multiple contractors or even a single prime contractor with a less impressive safety record. Wf MAKE BUILDINGS WORK BfTTER FOR LIFE." '� r�wE � ���iA[1my��rviC,�s Trane Service Agreement Bc_illdirrg Acrtomation ,�ysfern � �?ANE SCHEF7ULED SEf�VICE AGF2EEh1EN1 Mr�t�� •�„ � �h1BINED BAS AND MECHANICAL 3YR. �+.^ �.�•� .nP��NUAL ONLY �' . � sFH�'I�::F�Hf]�t1tiAI '�:1H -� � � * Tequesta Village Hall ,..� 345 Tequesta Dr. ' �equesta. FL 33469 U.S.A. Daugias Chambe�s _,,�,_ ,. , ;i,F annR=ss - r.., _ __ __ _ _ - " � Tequesta Viliage Hall ' ,.... ..... ,. 345 Viilage Dnve _ - '- - _- - Teyuesta, FL 33469 . � _ - - - ,..- ,� - _ ., r. - ���� 3 � 1'•�� �� LU[:AL TRANE OFFI�E�. ''�r� � Trane U.S. Inc. �_-. s�=t�:-`;-• '' ��, � ` „!�� 7 69E5 Vista Parkway North � •'�� _ __ � •� "" _ � Suite# 11 �,� � L lNest Palm Beach, FL 33025 � � - .i. � ` �. �j-'� LOCAL TRANE REF'RESEN7qT�. lt Amar Sukhai , ��� :�'�-� Cell: {786}423-4196 �` Office (561)683-8227 ��� PF.CPOSAL��D f AGREEfAEN7 4LIMt3CR: r � *� � ❑ATE ` `� - �ctober 5, 2U�f3 �����— g ' i : �A���'.`':�'�`� -- .��� /' � � L L _ � �i � ' « i ��i•r.. Cr�tr"� 5. :�..:�� ��.�m,_�::; �,,�•. .1`F�tlAh`�B(A�DNJGS WORK 8f7TFR FOF ZlFF. ,'—_ �' TRANE � __ ��7��rr1�.�_'---' TRANE SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM Executive Sumrr�ary Thank you far choosing Trane Building Services as your building automation system (BAS)support pravider. Your building automation system, driven by Trane Tracer"� controls, is vital ta the operation of the HVAC equipment you depend on to help you maintain temperature, humidity and air quality within the strict parameters your organization requires. Occupant comfart, productivity, quality assurance and energy efficiency are just a few of the objectives that may be impacted by indoor environmental conditions in a typical organization. However, all technology requires some attention from time to time to sustain its peak performance and pr�long its useful life. Your building automation system is no exception. This Service Agreement for Building Automation Systems—deli�ered by Trane professlonals who are knowledgeable in both HVAC equipment and controls—benefits a wide range of objecti�es: • Sustainability- Improving operational integration between HVAC equipment and the BAS system reduces energy use, thereby iightening your carbon footprint and advan�ing your sustainability goals. • Peace of mind-Continuous review and analysis sustains peak performance over the long term and helps prevent system failures and unexpected downtime. Back-up plans built into this ag�eement are designed to restore data and reboot systems quickly in an emergency siluation. 24l7 monitoring through Trane Intelligent Services enables Trane to detect potential problems, avoid downtime, and keep your organization productive and profitable. • A stronger bottom Ifne - Excessive, unnecessary energy consumption and emergency repairs can erode your bottom iine- Regular, planned BAS service is a nominal expense that typically pays for itself through energy and operational cost savings. • Operational consistency and continuous improvement- Yaur building automation sysCem is also the enabling technology behind Trane Intelligent Services"', which remotely monitors critical buiiding systems to ensure the physical environment of the building is being strictly maintained. Establishing connectivity between your building automation system and the Trane Intelligent Services Center allows Trane to continuously capture and analyze data from your building. Base� on that stream of infom�ation, our Technical Specialists can proacti�ely recommend improvements and follow through with the appropriate ser�ice actions. Exclusive aspects of this Serwce Agreement leverage Trane Intelligent Ser�lces7`" (TIS), a revolutionary integration af technology and Trane professionals. TIS gathers active mtelligence from your building's data, allowing Trane to identify what must be d�ne to improve system performance and sustain the conditions that contribute to the mission of your organization We are committed to workmg w�th you to maintain the building automation system that is essential to creating and sustaining the indoor environmental conditions that support the objectives of your organization. The details of that commitment are provided in the following pages. WE VALUE THE CONFIDENCE YOU FIAVE PLACED IN TRANE AND LOOK FORVYARD TO WORICING WITH YOU. � �� �'- _ �f .h .T �. �,. � .- v���____ �1�����1�(KS 1�flK���R 1�r ��-----�-��Y.-�.f � ��� � _.. !i:i'.;.,.J_r. ..._..� TRANE SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM Added value Prdper maintenance can save an estimated 12-18°ffl" r�f your k�udget compared to a run-to-fail approach, A Trane BAS Service Agre�ment is structured to help you manage your lifecycle costs and capture thase savings. Research has shown that regular mai�tenance can: � +�,` Cut unexpected breakdowns by...................................... � Red�ce downtime try....................................................... �i�/ �' � LaPwer equipment repairs and maintenance casts by...... � ,., -� ` , . Red�jce energy consumption by...................................... � ' • . � In addition to financial value,when you partner with Trane you can expect: i�- Contract anci Fir�ancial Bcn�fits Assigned Service Team -Your service team will consist of a professional Service Coordinator, Service Technicians and an Accaunt Manager,all with extensive HVAC systems and BAS experience, Our technicians have a thorough understanding of building automation systems and the associated controls, along with heating, reirigeration and airside systems. Priority Response-As a Trane Service Agreement customer, you will receive serr+ce priority over time and materials customers, Autamated Scheduling System-Trane utilizes a computerized scheduling program to ensure that all services included in the a�reement are perfarmed as stated. Financial Benefits-The implementation of this building automation system support agreement fram Trane can help controi the costs of operating your buiiding in several ways: Lower energy consumption; reductian in the costs and disruptions caused by downtime; planned, budgeted and controlled operating costs; and redu�ced maintenance. All of these benefits can be gained through a structured contract for support. ;: _ . ::;::;.. lVF1�UIfE BYALQIMGS WORIf BETTER fDA!!Fb" Su�erior Service Delivery Trane's original equipment manufacturer(OEM) Service Delivery Process Ensures consistent quality through_ • Focus on building en�ironments • Uniform service delivery • Pre-job parts planning • Dacumented work procedures • Efficient and economical delivery of services • Emph�sis on safety Service Work Flaw-Trane utilizes an industry-exclusive service flow process that includes detailed procedures and identified steps for: safety, parts, materials, tools and sequence for executio�. Trane procedures also include steps for safety, quality cantrol,work valid�tion, ar�d environmental complianca. This process assures a complete service event. No critical steps are skipped or lost, Systems serviced in this way offer a higher degree oF reliability and ope�ational langevity. These exclusive service procedu�es deliver superior service and most reliable�utcomes at the mosk cost-effective price. Where applicable, the Trane service process meets or exceeds ASHRAE 180-2408 Standard Practice for Inspection and Maintenance of Commercial Building NVAC 5ystems. Knawledge 7r�nsfer Documentation -Work performed on your equipment will be documented by the Eechnician and reviewed with you at the completion of each visit. Operational System Optimization -Trane Service Technicians will review operating sequences and practices for the equipment covered by the agreement and advise you of operational improvement opportun�ties. Training for Facility Staff—Operator training and coaching is available per the service agreement. Additianal training can be customized to meet your site specific needs. �"` Health and Safety Safety Management Program -Trane Building Services employs several full time Occupational Safety and Health Administration (OSHA}34-hour certified safety managers who are available to perform safety consultations relating to the service performed at your site, Our Safety Management Pragram includes monthly safety training for all Trarve 8uilding Services field personnel, field supervisor jobsite�udits, technician job safety analyses and other key risk assessments and control strategies. Personal Safety-Trane service technicians are, at a minimum, OSHA 10-hour certified, or equivalent with yearly retraining on all key vccupat�onal safety and health topics. Many of our technicians have participated in "Smith Safe'�driver training and some are Department of Transportation (DOT) Hazmat certifled. They are provided with up-to-date personal protective equipment (PPE), training on its use and IimitatiQns, and FR protective apparel. Trane ma�ntains an industry-leading position m Natianal Fire Protection Agency(NFPA)70E Electncal Safety, technician ergonomics and fall protection programs. Drug-Free Workplace -Trane Building Services maintains a Drug-Free Workplace,with a robust drug and alcohol testing program. .�... u J -`[� .. .-. r4 . YYF AL!XE BUAl+ANGS N10RK BETTEW FOV�ttFE" -4._,�`--,_ Tequesta Village Hall BA5 8,Mechanical SA New 3yr -�__ r.� ���� ` - -`_"_"» � ��� � -. .. ,_-. ,._- TRANE SCHEDULED SERVICE AGREEMENT FUR BUILDING AUTOMATION SYSTEM AND MECHANICAL The Agreem�nt tiFPVI!;F PRC7?[]SRI =CIR I[7i:RL iRANF I7F�'.f:F Village of Tequesta Trane U.S. Inr.. 345 Teyuesta Dr. 69�65 Vsta Park�uay North Tequesta. FL 334fi9 U.S.A. Suite� 11 Douglas Chambers lNest Palm Beach, FL 33�25 SrtF anoR=SS LOCAL TRANE HEPRE3ENTATIVE: Tequesta Village Hall Amar Sukhai 345 Viilage Drive Ce��: (78fij 423-4i98 Teyuesta. FL 33469 Office: (561)683-8227 PROPpSA�Ip;AGREEMEN'NiIMPFR DATE �ctober 5. 2018 CONTitCT TELEPHONE NUM8E92 FOt:SERV'�i.E {954}499-fi900 Scope of Services — Standard inelusians System Analysis and Re+rie�,v Trane will review the building automation system to minimize software problems identify and correct programmmg errors,failed points, points in alarm and points that have been overndden. Software optimization improves system efficiency� assures compliance to specified conditions, and reduces the risk of costly and disruptive system problems. Regularly scheduled on-site�isits by Trane technicians also provide the opportunity t�meet with on-site operators, review the system and address any questions or concems they may ha�e. Control �aop Tun�ng Loop Tuning assures the system is operating at peak performance for the upcoming season. Operators may make manual chang�s during the heating or cooling season to accommodate current comfort requirements. During Control Loop Tuning, any changes that were made in previous manths are reviewed and adjusted to accommodate changing s$asonal conditions. The operation of inechanical loop components is veriFed, as well. S�:qucnee� af Operatie�n Vc=rifieation Sequence of Operation Verification assures the system is operating as intended. During Ihis assessment. unreleased manual overrides are discovered, scheduling discrepancies are corrected, and appropriate set point values are evalualed. Tracer Database Baekup IiEMAlYE BWLDAYGS V7W7lf RCTTD7 FM:1FE' ��2018 Trane A!1 rrghfs reserved Pag� 7 of i4 TRAPJE SCNEDULfa SERVlCE AGREEMENT FQ�R BUJLDING AUTOr�ffi�f0/V SYSTEAd A�Vp MECFlANIC:�{L Tequesta Village Hall BAS&Mechanical SA New 3yr �—~__�__��_� �__�_�� ----�----__ � ��� � -_ :�: , ,_- .._- Throughout the year, changes are continuously being made to the database in response to energy efficiency. occupant comfort or operator interface issues. Trane maintains current and archived backups of ail vital Tracer databases to expedite system recovery and restoration to the last known set-up following a catastro�hic event. Softw�ire 5ervi�e Pat;k I.tpt�ates The latest service pack updates will be downloaded and installed to the existing software versian when available. This assures the so�tware is always up to date with the current ve�sions that enhance usability and functionality. Oper�t�r Caacr�ir�y During regularly scheduled visits, Trane technicians will work with on-site operat4rs to develop their skills and proficiencies to help ensure they fully understand how to effectively use the system. VAV Fr�nt-End Analysis Ensures reliable and optimized performance of the VAV 8oxes cronnected to your primary control system. VAV Boxes can drift, due to a number of inechanical or electrical reasons. This procedure analyses the VAV system from the front end to ensure that the spaces ser�ed by your VAV boxes are controlled within tolerance while maintaining a comfortable environment for building occupants. Ohtaininc� Service To obtain repair service within the Scope of Services, contact your local Trane Distnc#office identified on the first page of the Agreement by calling the telephone number stated on that page. The Trane District o�ce identified on the first page of the Agreement is responsible for Trane's perfoRnance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For repair service covered under this Agreement, Trane will be respons�ble for the cost of transporting a part requiring service. Customer must reimburse Trane for services, repairs, andior replacements performed by Trane at Customer's request beyond the Scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevaili�g applicable regular, o�ertime, or holiday rates for labor and prices for materials. Prior to Trane performing the additional services, repairs, andlor replacements, Customer may request a separate written quote stating the woric to be performed and the price to be paid by Customer for the work. TRANE SCHEDULED SERVICE AGREEMENT F�R BUILDING AUTOMATION SYSTEM WE1.tA1{f DWLDdVCS 1�90.RKRLTTfRFQRl1f�E' !�2Q18 Trarte Al!rrghts reserved Page 2 of i4 TRANE SCHEDULcD S,ERVJGEAGREEMENT FOR @U'JLDING pUTOr�tATfON SY57EM A�'D MEC!-lAf�lIGRL ��`�"�-.....�� Tequesta Village Hall BAS 8.Mechanical SA New 3yr -~_ �--� �------- � ��� � 3urlding Servrses Equipment Co�erage an� Ser�ic�s The following "Co�ered Equipment" will be serviced at: Tequesta Village Hall Equipment Q Manufacturer Model Number Annual Insp Run Insp ' Zone Temp Sensors 14 Trane 4190-1 p90 1 3 Buildin Control Unit 1 Trane BMTX 1 3 AHU Controllers 3 Trane MP580J1 1 3 VAVs 13 Trane VAVs IIlIIIrIV 1 3 Rela 12 Misc RLY2958 1 3 Actuators 6 Belimo NM24US 1 3 Current Switches 2 Kele CS1150A 1 3 _ _ _ _ ___ _ Duct Humidit Sensor 2 Kele HD20K 1 3 Space Humidit Sensor 1 K�le HW20K 1 3 Duct Temp Sensors 3 Kele ST-D24-XH 1 3 , wFiwre acvinxws v�orara€rrFrr rflrr:�- ��2018 Trane A1!rrghfs reserveo Page 3�f 14 7RANE SCHEDULED S�RVIC�AGREEMENT FOR 8UlLDlNG RUTp/viAT10N SYSTEA�I AM11D MECNAh'fC:At �..� �.�,` Tequesta Village Hall BA5 8 Mechanical SA New 3yr ----'`�`-'-_.__� �`_'--�,__ _��_-�-- '—�—��-- faR�NE � 3eriJding_Servrses TRANE SCHEDULED SERVICE AGREEMENT FOR MECHANICAL S��pe o�f ��r�ic�e� — � `�T���ard Inclusians Provided in your Scheduled Service Agreement: 7r����e Scheduleci I�It��ntenanc� Scheduled number of specific service events and associated labor F-�a�. perfarmed during Trane narmal business hours as outlined in the , ;, `4 Equipment Coverage and Services section of this Agreement. Basic materials and supplies determined necessary by the Trane Techniei�n � for the normal performance of Scheduled Maintenance are covereci t,y the annual fee and inGude grease,cleaninq salvents, and wipinc� cir,tl��;. � � , Refrigert:. This scope includ�_s • Ref�igerant Rc{�I�:��:�r�i��r,t _3t ,_'"� cr !�r�ar.�� ������ ur��t per ��c�:r �� • Trane Technicians will capture and track all reirigerant ac�i �.�ry performed by Trane for each p�ece nf Covered Er,uipmenr • RBffigB�alit USa�G' R2pOftS C.:n I��c ra�r?�r�;itN�� <i�inu<�i�;;� Tran� L�k�oratory A� The Trane Chemical Laboratory perforr�•s •��.t�nr; an�jlysis an�i �rer�tiin�a of oil, absorption solutions, and refrigerants as required, Equipped �sritn this knowledge and Trane's extensive experience we can identify anc� head off potential system failures more definiti�ely than service providers who depend on third party testing laboratories. abt�inin� Servi�;p To obtain repair service within the Scope of Services, c.�ntact your local Trane District office identified on the first page of the Agreement by cauing the lelephone number stated on that page, The Trane District office identified an the�rst page of the Agreement is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement, For repair senrice covered under this Agreement. Trane will be responsible for the cost of t�ansporting a part requiring service. Customer must reimburse Trane for services, repairs, andlor replacements performed by Trane at Customer's requesi beyond the Scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then preva�ling applicable regular, overtime, or holiday ra#es far IaboNlabour and pnces for matenals. Prior to Trane performing the additional sennces, rep�irs, andlor repiacements. Customer may request a separate wntten quote stating the work ta be perfprmed and the price to be paid by Customer for the work. IVFMdIi'E 8LV1JN.4GS V�RNRETTLR fdli d1F€" i.c�2018 Trane A�!rrghfs reserveo Page 4 of J4 TRATIE SCHEDULcD S�RVJCEAGREEh4ENT F�R 8U7LD1NG q(/TQ,��AA i fON SYS7F�UT ANO MEGNANICRL -�._�___�� -�` Tequesta Village Hall BAS&Mechani�al SA New 3yr ----.� �--.ti`� �y �___._�_ J_�-- � ����� � ?urxding Sc�rvices The follawing is an overview of the scope of Trane's services to be performed on Covered Equipment. Items marked are included in this agreament. M' � � � � • � ` _ _ Annual Maintenance Inspection�1)on all equipment listed i � t � . � - . . • � � � Scheduled Maintenance Labor Scheduled Maintenance Parts and Materials Emergency Repair Parts and Materials (labor provided at prevailing hourly rate)—included in full coverage option Emergency Repair Labor: Repairs will be performed on covered equipment during Trane regular business hours. —included in full coverage option jO�ertime Repair Labor for Emergency Failures�outside Tra�e regu9ar business hours)— '1 included in fuU coverage option 1 Refrigerant Replacement 10% of Charge per year— included in full coverage option Replace customer supplied belts on listed AHUs-Annually Please Note: Overtime Labor for Scheduled Maintenance, �equested by customer,to be performed after regular Trane business hours,will be billed at$60.00 per hour, per tethnician. x�nu,xe awa.�nvs vrcurrrp�rnr rtur:�€- ic 2C18 Trane A1!rrghfs reserved Paye�oi 14 �RAAIE SCHEDULED SERVJCE AGRFEMENT F4R 6U�LDhVG Ri17C1�,AA�10M SYST�dA A�'D MEC!-lANIC.RL Tequesta V�Ilage Hall BA5&Mechanical SA New 3yr ��`_ `_--�._._____ �y..-_``� ---�„ � ��� � &ssildrng Sdrvrs�s Specifically excluded under this agreement: • 10 Year Overhaul or 1� yearl40,000 hour R'Newal Service if applicable • Repairs due to corrosion or erosion of equipment • Maintenance or repair of non-maintainable items (i.e. Piping, vatves, insulation) . Power wiring, discannect switches and circui# breakers • Crane or special rigging service required for repairs . Repairs resulting from acts of god (hurricanes, lightning etc) TRANE SCHEDULED SERVICE AGREEMENT Ec� �� � �r���t ��ver��ae ar�d �er�ices � . The following "Covered Equipment"will be serviced at: Teq �.� �st� 1�ill�� � � :� Il Mechanical S stem: Equipment Qty Manufacturer Model Number Serial Number AC-1 Condenser 1 Trane TTAU90Q300 NA AC-2 Condenser 1 Trane TTA090D300 6324J26AD AC-3 Condenser 1 Trane TTA090D300 13191MGLYA ----- --------- ----__ — AHU-1 FINANCE 1 Trane 'i MCCB Tp8M72533 AHU-2 ADb11N 1 Trane 'MCCB TO8K65975 AHU-3 CHAb1BERS 1 Trane h9CC8�03NAE K06E�7450 IL'FI,Lilif dWL�IV�Fti1L4?KUtTTFR FOR JF€" ��20�8 Trane AIJ rights reserved Page 6 of f 4 TRANE SCNEDULED S��V1C�AGRE�h4ENT FQR 6UlLD1NG AUTOI�A�fON SYS7���A�0.�1p MECNp�VrGAL Tequesta Village Hall BA5 8�Mechanical SA New 3yr --�_'-----.�. rJ� ��_ `�—`�.'. � ��� � $,�{Jding Servrses TRANE SGHEDULED SERVICE AGREEMENT � ustcarr�e� ��r�ri�e Flow� - s vs^.-�vRtz�,». � � a . � ." .. —_�.�;"J:>:��. - , ���'�C.i �be� � � � +.. �� �1� „�' '►�-��.,;'�r ;�� � ���,� _r� � { i � ��� � �. ��- *;� � u �� ��►- ,I �-- _ � ` _ •, » _ - - -- --- -- � _ The following Customer Service Flows provide additional service descriptian detail for Covered Equipment. Nete: There may be differences per the agresment in the work being performed between sites and the equipment on those sites. Mechanical System: Condenser Annual Maintenance Description • Customer Natification • Initial Site Inspection • Review Diagnostics • Verify Line Voltage • Lock Qut Tag Out where applicable • Acid Test • Electncallnspection • CondenserFan Check • Visuai Condenser Coil Check • Low Temperature Sensor Calibration • Leak Test Inspectivn • Meg Compressar Motor(s) � Condenser Coil Cleaning • Remove Lock Out Tag Out and Restore Power • Start Unit • Complete Required Paper Work IVFAtAA'£8W11MN6S WtiUiKR[TTD7 ft1R:1FF' !�2018 Trane At!rrghfs reserved Page 7 of i4 7ftANE SCNEDULED S�RV1G�AGREEMENT FQI?BUlLD�NG R UTp1vrATrON S YS7EdA a n1p MEGNA�VlCAL - _..,,_��. Tequssta Village Hall BAS&Mechanical SA New 3yr �_ �..-.��__.__ �_��-_-` -1--�'��"`���.-__r � ��� � +�Fr-rr ;_ _ .._._ Air Handler Annual Maintenance Description • Customer Notification • Initiaf Site SaFety Inspection • Visual Equipment fns�ection • Lock Qut Ta�g Out • Electricallnspection • Supply Fan and Motar Inspectipn . Meg Supply Fan . Condensate Dnp Pan Treatment . Condensate Inspection . Air Handler Filter Inspection . Return Unit to Normai Operation • Manual Log With Electronic De�ice Description Quantity Per Term Annual Faetory Recommended Mainlenance for both BAS and Mechanical 1 xrFbr,ure aw!�xss aio�rKrr€rrnr rorr:�- ��2018 Trane Al!rrghfs reseNeo Paye 8 of 14 7RA�IE SCHEDULEp SERVJGE AGi�EEMENT FOR 8UlLD1NG �i tJTqfviA FION SYST�dA,q MD MECNANrCRL `�_ Tequesta Village Hall BA5�Mechanicai SA New 3yr __v— ""�---_.� __.�---Y- � ��� � frr�frr2�_ ,��:rs TRANE SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM ANO MECHANICAL Pricing �nd A�cept� nc� Douglas Chambers Site Address: Superintendent Tequesta Village Hall Village of Tequesta 3�45 Village Drive 345 Tequeste Dr. Tequeska, FL 33469 Tr�ne 5er�ice Agreement This Service Agreement fo�Building Automation Systems and Mechanical consists of the pages beginning with the page entitled "The Agreement."the cansecutiveiy numbered pages immediately following such title page, and includes and ends with the Trane Terms and Conditions (Service)�collectiyely> the-Service AgreemenY' or "Agreement"). Trane agrees to inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the"Terms and Conditions," and "Scope of Services"sections. Trane agrees to give preferential service to Custome�over non-contract customers. Service Fee As the fee(s)(the"Service Fee(s)")for the inspection and mainte�ance services described in the Scope of Services section with respect to the Co�ered Equipment, Customer agrees to pay to Trane the following amounts, plus applicable tax, as and when due. BAS Straig�t Trme$952�Hr Overfime ,322�'Hr J-lolydays S304IHr Mechanica! Straight Time�938/Nr Overtime,�207iHr Holiday S276Mr Contract Year BAS & Mechanical Annual Amount USD Contract T e Year-1 $3,956.00 Ins ection Onl Year-2 $3,956.00 Inspection Only Year-3 $3,956.00 Inspection Only �A one-time 3.00 °/a discount is offered for full payment of 3 year(s) in advance of the commencement of the Serv+ce Agreement. Invoice wauld be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated based upon the pre-discounted price. The discount fo�advance payment is not applicable to credit card transactions. Please check the t�ox for this option. In addition to any other amaunts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay ta Company the balance of any amaunts �ifled to but unpaid by Customer and, if a"Service ProjecY' is +ncluded in the Agreement, the Cancellation Fee set forth in"Exhibit A" Cancellatian Schedule attached hereto and incorporated herein, which Cancellation Fee represents unbllled labor, non-labar expenses and parts materials and companents. Terri� The Initial Term of this Service Agreemen�is 3 years, beginning November 1,2018 and expiring October 31, 2021. Howe�er,Trane's obligation under this Agreement will not begin until autharized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. Following expiration of the initial term on October 37, 2021, this Agreement shall renew automatically for successive periods of 1 year(the'Renewal Term")until terminated as provided herein. If you do not want to xEar.ure aw�.ar.vcs�re ucrr�+rtw!�- i�2Q�8 Tratte A�l rrgh�s neserveo Page 9 u(i4 TRANE SCHFDULED SERVlG�AGREEMEN7 FQI�6UJLDfNG RUTp/vfA 7lON SYSTEM eiti'D MECNAfVrGAL ���1~_��- Tequesta Village Hall BA5 E�Mechanieal SA New 3yr �� __"__�_ —_---� � ��� �� .^:'.IiF:fi�r�7 Sc'rvr:7_r.5 renew this AgreemenE for the Renewal Term, please notify Trane by telephone or by U.S. mail pribr to the expiration date set forth in the preceding sentence. If any questions�nse regerding this Service Agreement or how to cancel this Agreement, Trane can be reached either by telephone at (954)499-6900 or by direct mail addresseti to: 6965 Vista P�rkway North West Palm Beach, FL 33025. Renewal Pri�ing Adjustrnc=r�t The Service Fees for an impending Renewal Term shall be the currenk Seryice Fees(defined as the 5e�vice Fees for the initial Term or Renewal Term immediately preceding the impendiny Renewal Term)annually adjusted based on changes to the cost of service. Th�Service Fees far an impending Renewal Term shall be set forth in the service renewal letter furnished to Customer. Car�Cellati�n by Custorrlet Pr�Ur to ServiCes: Refurtd If Customer cancels this Agreement within (a)thirty(30)days of the date this Agreement was n�ailed to Customer or{b)twenty(20j days of the date this Agreement was d�livered to Customer, if it was delivered at the time of sale, and if no Services ha�e been provided by Company under this Agreement, the Agreement will be vaid and Company will refund to Customer, �r credit Customer's account, the fuil Service Fee af this Agreement that Customer paid to Company, if any. A ten percent(10°!0) penalty per manth will be added to a refund that is due but is not paid or credited within forty-five(45)days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. G�neellatian by Company This Agreement may be cancelled during the Initial Term or, if applicable, a Renewal Term for any reason ar no reason, upon written n�tice from Campany to Customer no later than 3� days prior to the scheduled expiration date and Company will refund to Customer,or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company Customer shall remain liable for and shail pay ta Company all amounts due for Services provided by Company and not yet paid. This Agreement is subject ta Custflmer's acceptance af the attached Trane Terms and C�nditions(Service). Submitted By: Amar Sukha� Cell: (786)423-4196 Office (56't)683-8227 Proposal Da[e: October 5. 2Q18 CUSTOMER ACCEPTANCE TRANE ACCEPTANCE � _ �--> r- � - - ,_'�1w,��c-..:x�3 _�:-^ Authorized Representative - Authorized Representative Pnn[ed Name Title_ Se��ices—Aceount h4anaper Tide. _ ____ 5ia�ature Date: October 5.2�18 Purchase Order Acceptance Date License Number; CAG023485 Il'E A'U6KE t1 WLRSMSS W1�VtK RITTD7 FM JI€" !�2Q�8 Trane AI!rrghfs reserved Page i0 of 74 TRANE SCHEDULED S�RVIC�AGRE�MENT FQR BUlLDrNG p(/Tp/vfA TlON SYS7EdA aiVD MEGJ-JANlC:RL '`--�_ 1��"`�--�` Tequesta V�Ilage Hall BA5&Mechanical SA New 3yr �""`"----- __�r°.�� `--��_�� �-�� _J_,�_����---- _�-- � ��� � 8uitd:ng Serv;ues T�rm� �n� �onditions (Service} "Company"shall mean Trane U.S.Inc-for Compa�y parformance in Ihe United States and Trane CanaQa ULC for Company performante in CanaQa. 1. Agreement. These terms and cond�tiuns i'Twrms';are an mtegral part oi Ccm�any s oHer and form the basis of ary agreement Ithe`Agreamenf"i resulting frc,m Compeny s�r�posa Ithe"f'roposal';fnr the falahing ccmmercial servic�s as statad in the?rapn9al I,00llechvely.the'Ser:ices'1;inspection. maintenance anC rr„�av IthP Mainten�nre Serv�c�.5"I nn eGui{�Fm{fia'c;rnFreti Equi�ment'I s�e��ied Ad4�7�pnai 4L'ork fif anyj,ann,if in[:WnyA n th�:Prop[x'ial,Inlelll9enl Se+v,ces,cne�;1Y�+sse5srnenL Enert�y Perfam�ance Sulu6t,ns.ancl any�>iMer s�„cfs us�nq rernnte;;tmne.cbv��y ir,oilecti�:Fly 2nd�n�tiviCi,�liy r�ferr�d to In these Torms as'Enuryy an�Buiidiny P�rlorrnance Services';i. CQMPANY'S 7ERI�IS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT, 2. Accepbnce. The Prcposal is subject to aooeptance in writing by the party to»fiom this offer is made or an auihonzed agent I;'Cuslomer";i deliverad to Com�any within 3Q�ays frem the date of Cre Proposel. if Gustomer accepts the Proposal by placirg an arder, withnu;[he adtlrbon of any other terms and �pnr,t�qns r.,f�le pr any pinPr mpdiLr„�tion Gus[pmPr'4 ;lf(JP,f Sh31I bF deemP� �:�tan�P qf tne Propasal sub�ecS 10 ttwse TermS 9n{1 Condm4n5, If CuStomer ti�r0er 4 exrxes�aiy cor�ditiu�ed upan Company's aaxptance a�35;�nt lo terms anrlror Co�dlti�ng other;Y�an 7hosa exprec3ktl hzr�in,r��i�rn 01 Sud+ oNur by CurnEaany �Nith Go••rp�•i}s Ta;rms �rd Cantiitiuns allau'iur, ��r ru�urunc:cxi wrv�;s as Cvmpany s nu7icu ot ut��ur;�iui 1�Gustomurs tur���s and -ds ComF•any's r.ounter-offer to pertorm in accordanoe•r,ith the�oFosal ard���mFany Terms and CondiGons. f Custamer does not reject or cbjert in�itino to C�mpany uirt�m 10 days.Ccmpany's cou�ter-affer�.�iil hz ceemed acceptc-^J. Custarrers acceptance of perfortnance by Compeny will in any avent conscitute an acr.eptanoe by Customer of Campany's Terms and��onddions Thi9 Agreement is sub�ct to credR aparrnai h;� C;o+npany. llpon diaapprovai of cre�7R, Com�3ny m3y delay�r sus�erxl�r([xmar�or±or,at d5 c.�stbn,renecaot,3te O��c�and�ar Terms ann Concfinons wlth Custame•. If[;nm�ny 3nC(:ustomer 3re im�Dlc bi�yree un SucJi rGvisio�ls 1h�5 Agfe�'+�r�3nt Shall t�CanUe;lled withUu� any I�aC��ity. cther than Cusl,.ner'���bll��tlun lU V�y'� Su�vro[es pruv�i.�ti by ComFany lo Ihe d-ate of wncellalqn. 3, Fees and Taxes, Faes for th�Servicus�;the"Seroice Fues"'i a�e as st�l forth m lhe PropasaL Exe:eWl as QiherHise slated m lhe P•oposal.Sdrviee Fees are based an pErtortnance di,nng regWar busin�ss houre Charges for pe�icrmanae oututle Company's n�srtnal b�siness hr.urs shail t�5ill�d separately 3ecortlrng to v�n;,re�.3mng overtime�ir emerc�ency iaho�riaonur rat?3 In adn�t�m to Ihe 3latecl Servh'e Fee4 (;ustr.�ner shall��y ait laxes n�t�eRally r::qu�re:�7 In bP R.3id Oy romparty ur.511GYn01fYe�y.Shall provid�t CUrnp�ny.++1M�dn�cce.�k+t;ae lax e;xumplion u;rllffUt'e 4. POyment- P`aym�r���s tlue upon�u�c�pl c�f C<�rn�anys�nvacc Sennce�e�s sha�i be payJ r�o I�x�.s�re:-quumly than quarte�ly ar�i in aUvance ol performance of the Sarvices. Campany reserves She nght lo add to an j auoun'outstanding`a�more than 30 days a ssrvice charge aqual to the lesser oF the maximum allowaCaz iegal intsrest rate or 1.5?5� c,f the pnncipal ama�nt due at the end of each month. 'J4'ithout iiabili[y to Custc,mer, Carnpenf �nay discantinue perfiormance�ahenewr payment is�verdue. Customer shall pa�y all�sts;mcl�ding attorneys'�ees i incurred by Company in attempti ng-o eollect amaunts due or OEherwise znfbrrinq this ArrgPmpnt 5. CuStOmC�B�Ca�h. E3c�r?t�h�fnl nwing r,�ncO1�A�t�preaCh Oy[;�igSpRlP�0�d 5�811 gl'a@ Gpttl�k9rty tt�g nght w�thout�n��r..Gon oF r�mr..p�eg tn g��g�nt� periormanu�or�erminale this Agreement by delivery of•imHen nolice ceclaring tenrmation Upon lerminaticn, Customer;;hall�e'iable lo lhe Gam�any�or all Services fumished to�ats and all damages sustained by C�mpany iincluding last profit and overheadY:fa}Any fa lura by Customer to pay amounts when dua: Ib I 3ny general a�ignment by Cusmmer for t�e oenefit o`its creditc�s,CustomEr s Lankn�ptcy, insolvency,or rece versh p ;�l Rny representaiion or�e•arranty h�rrosheil by C�istomr.r �r.nn�ertion w M th�s A�re.�Fnt is false nr mislead�ng in any matenel•espe r.1 when mad-r.;rx I�I}An•y�failure by!:usl�sMer m perform nr aampiy wltl�a��y malurlal arry.,�sKnt uf t�is Agreemenl 6. Pe�lormanes. Cc�mpany shall peAorm the Serv�cu5�n ac�or����r�,vdh indus�ry standa�<1s gonerauy auFln;aCie i•7 lhc slalc u+proainc:e:w�u�r�thu Ser•.�iu;s are performed under s�rrilar circunstances•a^�en Comnany performs ih3 Sennces.Campany rra,J refuse to perfortn���here a,orking ccnditions could encanger prtsperty or put peo�la at rist. Unless olher�.isa agreed by Cusmmer and Gompany at Custamer s=_xpense and hef�re tt�e SaraicEs 6egin, Customer�vill provide any necei�ary�exess platforms. catwalks to serely perform the Serwces m compiar,oe�hith t]SHA,stata er provindai indusinal safery regulahons or any otner appi�r.ah�e in�fus'nal safety stan�iar�is nr gw�iei�n� Th�g Agreemenl prr..guppages tnaC aii ma��r p�rr.ea pf?;.averrrt�qu��rmznt ar�in�roper�peroUng caorrC�bon as ol Ihe datu hu�wl. 5���'lICC3 IU�r�ighBd d"fn,U�G'�n���U�1 IhC CCVCfBd EyUiurnC�tt GR�ly vt a m�ir�FainaD�c cc�+d�tiun in n��venl shall C�n�pany��vn_ any obliga!ion to eplace Covered Ey4ipment that-s nc bnqer mainlainabls. During lhe first 30 days cf th�s Agreemerrt o�upvn i�itial�nspecGon.and�or ucran seasenal start-up irf induded n iha Serv•irssl.ii an inspectian by Company ot Covared Equipment�ndicatas rapairs or raptacemant s required, Company��ill prtwide a w�tten quota[ion ror s�ch •epairs �r replacament. Ii C4stomer dcas not au:horize such re�airs or replacemen[, Campeny may r=_moue [he un�oe�pteble eqwpment from the Cov=red Eqwpment�nd a:tj�st[hz Serv�cQ Fees acr�rqingl�. Cu_atnmer authonz�s Company to�tilize Customer's telephane Une pr nehvnrk infrastruCpirr try r�n�gCt!n r,nnirnlS, 3y3[8m3 0nd;nr gq�,ipmFnG p��'�wtlrrl or servirnd h,y�omp:�ny acxl ta prnviae Servicws r.nnfr�r���f�r or olhennse raqueste�b�Cuslome•, induding remota diagrosbc and repair service. Customer acknow'edges l�at Company is nct respvnsible for any ac�rerse impact to Custflmer's ccmnunicatians and naMork inTrastrucl�re. Company may elEct to inslalVattach to Cust�mer equipment ar provide porta6le davices (hardware endiar seftwarej for exec�Gon�f cent ol cr diegncstic proceCur�s. Sucti devices shall re�ain the personal orGnnEtary property aF Ccmpanf anC n no event shail hecome a fixwre of Cus;omer Iccahons ��stomer shall not acqwre any intorest hile c,r er,uitv n any hare��vare soRwara, Prc,casses ane nmee �nt+�Iler..Wel or prnprletar�n�h�.q ib dea�r..Fs usPd in�nneCtinn wrth!he SerYIfP�p!1(:U31D�Y1P•f A�l.l(�f}iFfl( C.prtlpally fY1a'y(e.11lC1VP..3�X:h QP,�liCP,k�11 14 ilKi("P�ICX1, G�r��uSCd IUr�ny r4U��rs�rrade mtl Ge th�asc seler:,ec�y C�mpany as�uit�ib�e tur lhe repa�r an�i rrziy Gu�+Rs•�ut n+an�:if2�dun�U Gy C�^!u�'i�. 7. Customsr Obligations. �uslumcr shail la'r Pruv�du�u«�pary�uJ5UnU5bt and sulC aCixas:to;hv Cuv�rCil Equ UrrlCnl etnC drC�s�vherc Curn�ny i�'u v.vr{c: (b'r =allo��r manutac.u•ar recommandations canceming taard�vm and intemal ir*spectic�, majar oo�erha�l, restordtion c+� -afurbishing of the Co•�eead Equipment: �nless expressit statc+.i in the Scope of Serrices statemen[. �ompany is not peric.�ming any manuiact�rer recommenced teardown and intema mspecuon m:3pr ovomaui,rest�raLon�r refurbishir�g nf the Crnerec Er,uipmem.and;:j 4'lr,�re ap{,licr�ble,i�nless•xater iraa:men[is expressly iraueed in the Serv�rxs,pr�vipe profess�onal C�dmG irn+vr w3[er�re.�tmenl ir�,coordance�n�,tn��ny�ea3onaolr recommenCat�r.ra prno�dec:,y�vompany 8. Exdusions. Unress expressiy��cl��de0�n t�e Ct7vereci E.Ulpm@��l�X 1hF$B�viCr'S.Ih8�EfwC�S C;1 i�pt i^CIU��F an�G�mpany sh�311 no�t.�e respons�hle(pf G liab�e ta'he Customor for any cla�ms,':ossas.d-dn�g�s or expenses suffered ty'he Cu�6omer in any way conneclsd���i�h,relatirg to ar ansng�rom,any of the toilowing: la;Any guaramee of room contlitions cr s}�stem performarce: (b'I Inspe�ticn,mamrenam�x,repair.replacQme€it ef or ser.�ices For cnillea water ana c�onr.enser w91er pumps and pi�eng,eler.tnr.�i disr.r.�nr.ci switr.hes or r.ircwt hreakers;�notnr gtarting .r,�wpment t^�et ig nni rar.tnry mounted,anA�ntercnnr�r.[mg po•�.�r•�„nn5, recu�di�g ur portaole mstrurTents gau�s o�thennumelers rqn-mevuua pa�s or nar•ma�nlalnable pans�t ine system.�nciudm„but no�im,�ted to,staragc tanks; pr��ssuro:u5���1a.Sf�ull5 wils luGcs,�uus�ngs �astings,cas�ngs.drain ra�ns,r�ancU,duct aWrk.pipinS}:h�raulie Ily�3runrc;,pn�,amu;i�. �7��. �r retngerant�nsulatwn;�+�e covePiny; reiraelory matanal. t�ses,u�it cabinets; elgcirical winng duc4��crk or conUuit.elE�tncal dis[nCuticri system, hydronic structural supperts and si�ilae items:Ihe aFpearanr.a of decerativa:asing or cabirsts;damaga s��stained by other equipme�t or s}sle-is;ancl�ar any Faiiure. misad�usRnent or design deficiEncies ir�other eq�ipmens�r systems;rc;Damaae. repairs ar repiecemant o;parts made n�cessary as a�esult ci eleclncal p�sver Ta�Wrc:. Irnn� anitagr: bumen nn main c,r hrs�rr_� `ugr�, ��w�.vatpr�r�sure, v=nAalism misuse or:3h�ae, �near ar,d cpar r.id e�f hte failure, a�atar d:aM,�ge, �mpro0z� Uper�ttion un3uthwizEC aller3Lon of �quiprTen7 acc�dent, 3cts or om�33ion5 of CuSbme� or oth�rg, tltm7tepe due to treezir� ��•eather �atlamdy. �+wlicious a�l,c�any Evun�pt ForCt:h42jCurG;�;dj Arry rJ�lmBgu ur rndlR�nCtio�t tusulLr�g fr�n vibr�tiU�l uluUrUly�iC�Girrt, Irtte::c�ng,Cu�+l'drnindltin, Cor�sic��, eresi�n,or caused by scale or Judge�n mtemal l4bFrs exwpt��are wate*treaUnent protectia�servicss are pr�vir,ed by Crw*�pany as part of this Agreement; IeV=umishing any i[ems of equipment,material,or Iaoorllabour.or performing speciel tests reccmmended or requ rec bf insurence�mpanias or�ederal,stale, m,.t RE AL5}tf OGlltN.YGS W'LViK BfJTIIi FOA:IJL' i�2Q18 Trane A1!rrghfs reserved Page i 1 of 7� TRAPIE SCHEDULED S�ERVlCE AGRE�MENT FG�R BU�LDING AUTOl�►ATfON SYS7�dA A�VO MECNA�'Vrt:�lL -�,._ ��_��-�` Tequesra Village Hall BA5&Mechanical SA New 3yr '�.� �_�_-'�'- �`�-�__,� �-------- �� � ��� � - ,� � �._.: or local govemments;If�Fai ure or inadequacy of any structure or foundation supFortino or surrourding�ha equiomert ta 6E�rrorkea on or any por4on thar�of; fg}Budding acoess rw atteratians that mignt be necessary�c repair ar realace CustomFr's e�¢sting aquipment;(hj The normat function of starting and stoppng eq�upmen[oi the opening an[1�o5ing of val�res Campers or ra,Gulatcsrs nprm:3lly installr.cf tC prote�r,i eqinpmgnt against tlamage; fi;Valves 7hat aeg nnt`ac:pry mounted ��lan�e, stan, cuntroi ana uther vaioes e■temai �o ine vevice unl�ss speci'Icai�y indudecl �n the r�greem�nt; (ly nny r�ponsia�U�v fur desgn or redcsign ut'fIE 5JS�4h1� or iFw Cov�r,�d Eywpment,at�s�k:acuna:. s�fety losts, r�r rcmwa� cx reinstallation ol valve�a7its and d-dmU,"s: Ikj Ariy svrviw�s, Gaims. �r darrages ansing oui of Customer's failure to comply �Nith its obl3getions under this �jreement; flj Failure �f Customar b�follrnv manufacWrar recommendaEicns�nceming teardown and�ntemal inspeclion nverhaul and refuhr�shing cd equipmenY,7mj,Any daims riamages, losses,cr axpenses ansing frOm nr r�A[PC tq r,cndrions that FxisteA�n,nn,or u(lon�he pr�misr.3 5ei�re the effPc��w:dat�of t�ls Agrc:�;m.=nt i,'Pre-Eziq;ing Gpntlnipns'y,�ncl��ding,w�fhCa�i Iillli�OtiC�?,i123111JC��'S. IOCSeS, 4�e�penses�nvulv�n�pr�-e��.tU��g bu�idmr�enveio,e Issues.mecnanicai iSS�CS.(XUtilb�ll(�IS�UC$,0�Q�0�Md00f 11r QuOhly iSSUQS mvulwng n,�IdirnUuld dnr�;ar fun{�i. {nl Rcplacurncnt ci rufrigeranl is exduded. �nlc�s wviau:rr�ni of rcfnyEYant is cxprussly 5taic�ci as includ��i •nithm thc Serv�ces,in which case replacement sh311 in no event exceed the stai�xi�rcentage of reted system charyta per y�ear expressly stated in[he Serv�cas;tol crane or rigging ccsEs;jpl Any Services,clairris,ar damages ansing cut ci refrigarant not su�pliad 6y Feane. Customer shail�e respc�si6le�cr(i;�The cost of any adCdbnal replacement refrgerant r,i.Y�peratic�c#any equipment anc iii�j Any claims,demages,los_s�s,or zxpe�ses ansing fr�m or relat�d to�er,rk done hy c�r servic�3 prnvihetl by'�ndividuals or ennn-r,�th;�t aee not emQinye:d b'y or hir�r,Cy Cnmp,;ny. 9. Umited Warranty. Gompany wfl�r9nts tha[:(aj the m;�te;nal manufar,tureC by Com�any anA prnviCetl[�Cusfnmer In{;erformanc�c1 the Serv�ces �s free Irnm�u�ucts ir�malcrial and rnanulacluru(or a punod of 12�����,�ns+ti�,�nE:�d�i��:�ol lhu ddtc:oi uyciprnent starl-up oT replac�amanl;and i;lal 4�u labw�4atx�ur porlion ot the Maintenance Services and.Additianal YJork has�aen properl;a performed For a pe-iod of 90 days f*�m da[e of complevon([he"Limited'a`iarrenty"i. Company:,hligetions of equiprrent start-up,if an�are statEd in the Prc,�osa,ere coterminous with the Limited'�barranty penod Defects mus:ae reoorted ta GnmF.any within thF t�mite0'JVar•an�y penexf.re�m�x3nys�x�llcyatinr under thF l�rn�IPA.'dan,anh/�s�imited tr.,rP�3innc��r repiar.mg tne�]efer,t,ve part at;t3�rpGnn anC lo x�rruoDng any labo��tabvur��r��rr�p�Yiy perlc�rrnGJ Y�p•�,ompany Nu bBGilily'M�OISCJCVCf 8I1J11�j[0CI1 t���om{a��iiy until Ihc l.laintenancc Ser•:Ir.�� �irtl kddilronal'N�rk havd t�een paid tor in fuU Exdvsiuns fr�m!his'JJar�anty int�ude claims.!osse5.d-amagus and exp�*naes in any�Hap;xmrweled w�lh, re�ated L� or aTising ham failure or malfurr.iion vf equ pme�t dua lo lhe tollo�r�ing:�aear and lear,e�d of I'rfe failura;carosion: erosion;detenoration:CusEaner's Fail�re w iollo�a the Cempeny-provided maintenar�plan;�nauthcrized or improper mein[enance;unau[hcrized or,mproper parts or matanal refige<ant rbt supplic-�by Trane;antl modifications ma�hy others to eq�ipment. Ccmpany shall nol tp ct?ligat+>d to pay`c�the cost af I�si reingerem or loat product Some�mponenCs nf r.�Wpnwnt manufAr,tur':tl by L'rxmp3nt may�e warr3nt�C�r��tl•g frpm�h�r.nmpnnpnt S��p�A�Fr,�n vAi�rh�;�;h�s I�n^rtecl Waranty�shall nnt app�y±r,mr�P ;aomponents and any vrarranly of suc:M comporents shall be Ihe warranry�rven by yuch comuonent 5up�ror Nctwith5tandina;he br�goino, all warar�ties prpvide�i h�rr.�n terminate upon term�n;�Clon nr:,�nr,Wl,atl.r,n nf thls Agr;-Fm�nt. Fq���pment,�atenal andrpr p;�rts;h:�t are nnt manufarturrl t�y:',e,mpany�rp n(,I x•arrantrK' hy Cnmp,3rcg an�1 hat•F g«Ch warrtant�es:;s mav he.?ziPn�i�d C,y ihe 'FspeCirve m8niif2cFurPr THE REMEOIES SET FpR?H 1N tH1S LIMITEO WARRANTY ARE THE SOLE AND EXCLU3IVE REMEDIES FOR WRRRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNOER THIS AGREEMENT AND ARE IN UEU OF ALL OTHER WARRANTIES AND LIABILITIES. UABILffIES, CONDITIONS AND REMEDIES, YYHETHER IN CONTRACT.WARRANTY,5TATUTE OR TORT{IhCIUDING NEGLIGENCE},EXPRESS OR IMP�IED,IN LAW OR IN FACT,1NCLUDING/WY IMPLJED WARRANTIES OF MERCHANTA8ILITY AN�FITNESS FOR A PARTIGULAR PURPOSE ANDfOR OTHERS ARISING FROM COURSE OF DEALIMG OR tRAOE. C�MpANY ExPRESSLY DISCLAIMS ANY REPRESENTATIpNS OR WARRANTIES, ENOORSEMENTS OR CONDItIONS OP ANY KIND, EXPRESS OR IMPLIED, INC�UDING ANY IMPLIED WARRANTIES OF QUA�ITY, FITNESS, MERCHANTABILITY, RURABILITY AND�OR DTHERS ARISING FROM CO�URSE OF OEALING OR TRADE OR REGARQING PREVENTION BY THE SCOPE OF SERVICES,OR ANY COMPONENT TMEREDF, OF MOLDiMOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMIMATES. C�MPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OF2 ANY COMPOl1ENT THEREOF IS USE�TO PREVENT OR INHIBiT THE GROWTH OF SUCH MATERIALS. THE ENERGY ANO BUILDING PERFORMANCE SERVICES ARE PROVIDED ON AN"AS IS"BASIS WITHOUT WARRANTIES OF!WY I(IND. tp_ Indemn�ty. fr,[he^iaxim�.r exlent pe�rcatt�tl by I::.a. !'tnmp:=na ,and t:u,mm�r�.h�i�ineemmfy znr! r:Nr. �arml�,�Pacn ��hrr frr�m any anr, all claims. �cUons costs, exF�ns�, darnayes �nd IiabiDlies, incb_•ding easonable atlurn�y, fees r�sultirp fra-� death or �oc�lr iriury c-d-ama�e".c �ea� o*peiso�wl prcpertv. to the extEn[causee �� the neg igence cr miscenduct o`the indemniFying party, ar�l�ar its respeclive employaes or eihar auihorized agents in o�nnechon with their activi:ies v,ith n the scepe of this A�reemEnt.Neither pan;o shall incemrfiy thE other against caims,dama�es expenses.cr'iatvlities to the e�ctPn!311nbuSeh�e 1�the 8r..�g r.r r.m S�;�nnS i�f[Yi�pth�r pk�R��+ nr 1h�r0 pertie� If 7hF,��r?ir_;arF r,oth:,t f�idt �he cbll,r,ahor In inArmniiy�hall 7P�rmprxiion:,l tn IY+uir �alalra�,IcwH 7hC 9uty lu Ir•��r••lll�': U'1J h'Cdr� t18fm1(;JS�Nili <:untir„�u�n Cull I�;r�<;�-,� �:ftoc.t iwlvnlh.tartd ng th�: �xp�ratiun C{Cariy lerrnir•�ticn r�l ih�g pgreemen!.mth resp��ci lo ary cla�ms aased un Facts��r:�ncil ons thal ccr;u�red arior lo=_>xuirat!or c�r Lermiration�f�F:is Av�em�nt. 11. Limitation of Liability. NOTYYITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL 8E LIABIE FOR SPECIAL,INCIDENTAL, INDIRECT,OR CONSEOUENTIAL LOSSES OR OAMAGES OF ANY KIND{INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS.PRODUCT LOSS, LOST REVEHUE OR PROFfTS, OR LIABILITY TO THIRD PARTIES), OR PUNfTIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY. STATUTE, T�RT (INCWDING HEGLIGENCE�, STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTYYITNSTANDING ANY Q?HER pROVISION Of TH45 A6REEMENT,iHE 7b7AL AMO AGGREGATE LIA8ILITY UF THE COMPANY 70 THE CUS70ME3t WITH RESPEC7 TO ANY ANO All CLAIMS CONNECTE� 1MTN, RElATEO TO OR ARISING FR0141 THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT,WHETHER BASED IN CQNTRACT,WARRANTY,STATUTE.TORT�INClU01HG NEGUGENCE),STRICT UA61lRY,INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECElVED BY COMPANY OVER THE 12 MONTH PERIOU PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADOITIONAL WORK FOR THE LOCATION YVHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY 8E LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIpECT) RESULTING fROM MOLDfMOULO, FUNGUS. BACTERIA, MICROBIAL GROWTH,QR UTHER CONTAAAINATES OR AIRBORNE BIOLOGICAI AGENTS, TO THE MAXIMUM EJITENT ALLOWED BY LAW, COMPANY SHAIL NOT BE LIA@LE FOR ANY OF THE FOLLOWING IN CONNECTlUN WITH PROVIDIIJG THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION. DELETION, DEFECT. DELAY IN OPERATION OR TRANSMISS70N: CUSTOMER'S NE7WORK SECURITY; COMPUTER VIRl1S; COMMUNICATION FAILl1RE; THEFT OR DES7RUCTPON OF DATA; GAPS IN DATA COLLECTED; AND 11NAUTHORIZED ACCESS TO CUSTOMER'S�AiA OR COMMLINICATIONS NETWORK. 12_ Ashaslos and Hazardous Mater,ais. Tt,e�jrf'i'CeS CX�j(P��:j�V YK��IIii�P i711'�' �dentir���it�v� abw�C�11Bf'�, L'�C3111�Q cuntrui, ��sposai.�e�n�vai or c�he��Hak connected with asbesta�; polychlorinated h+ahenyl I'PGB';, or cther hazard'uus +natenals Ic�ll�tively, 'Haz3rdous Mater��ls';. Cuslon+er wartarts arrd reprasents that ihere are no Hazardeus Materials�n che premises;hat will in aa�way affect Camoary s performance.exceat as set f.�rth in a•ari6ng signed by Company�iscicsing the exister,�anc locatior of any Hazardflus h.lateriels in ell areas within�.v�ich Company will he aericrming. Should Company�ecome AWAfP.C)f[7f 44S'SP.CC'F1P:1f1F_iPflC.r-nf ha.a-dr.��s A.IafPfInIS,CfiRt(]r7f1Y'ITIR�+IITFFlP.[IIrlYPI_J 4CC.�i'hYIfIC !1 iM A1Ff�f.It!�area and nr..riry CustnmPr ti.U510f71P.f wII!F� �BSQ6ilSlbk:G�f CDYr@�Cn14 1hr C�Ui�O���Ur'.�^�ar.�rd.'�nCe�Ih 311 3p0���'�Ole'.nws�nti revul�i�ons C_:E,slorc�er shall be cxcWsr+elr resC'�ns��le?or and shall intlen�flify anr��I�'�urrnti;gs CGm{�diny line9udir�y�its r,rnplo}vus.eg�rtts lrid s�.Gcu��Ut7C�Of5I IfUfti il'1�JOillfl:l'cln�•IC�,:3.pIJ�R1,IIdGIbIy �ue.�s, U�•ti011iCs,inEury Iirdud�ny deathl or iability cf any nature.and the oayment thereof,arising ou�oF cr relating!o any Haza•dcv�s Mlateriais on or a6out the premises.nat hraught onm the prem+�ses by Companv. Company shall�e required to res�rte pe�forma�ce aniy ir the abser�oF Hazaraous Ma�erials or whan[he aHected area has heen rQnderen harmlr_;s Irt nr,���ent shau Company tra ohl�gatr-x1 to transpnrl r.v hannlP H9zar�n�s n.InrAri:ais, prnwde am,�nntir.es tc,arc��nvernmental agenr.�, r.r exam��,e the prem�ses�Ite for the presence o�Hazardrx�s t.lat�nals n��� WE AfhRE 8GVi9A4CS�YOJiK RF77FR fOlt!IF€' ��2��8 Trane A!!rryhfs reserveo Page 12 of�4 TRAPJE SCNEDULED S�RV1G�AGREE�W�NT FO�BUlLD�NG AUT07vtATfpN SYSTEAA A�VD MECNAfV�CRL ��� `�_'�-�--.�.�` Tequesta Village Hall BAS&Mechanical SA New 3yr ------_ _.____._.�_t-� �� `_`�---—.,� ----� � ��� � - ;_ 17. Insura�ce. Com�:any agrees lo rnaintam Ihe following insurance during the term oT this Agreement with limiis not less than sha.�^�below and will.upon request from Gust�mer,provide a Cerlificate of evidencing�he toiloning coverag� Commeraal GEnerai L�9b�hty S2,C�711.Cflp�;r n.m,umr,nr,f Au10��Ob1C Li�011dy S2,C�l0.r;i)U CSL 'JYcxke�rx Compenselion Stetu7ory��mits If Cust�ner has requzsted to bg named as an addRonal in�ured under Compeny's insurance policy, Company will do so bu:only subject:o Comaany s manuscnpi additional inwred an4nrserr�ent under its pnmary Cammercial General Liahihty po icies In no event dc,es Company�r R�irsurer�vaive ngh-s of 3ubrogaLon 14. force Ma�eure. f,pmpanys d�ny tu perform unde�[h�R Aareement is cxmnngent upn�me r�on-nccurrPr�e of an Evem ot�cx�a Ma�eure. 1F Company�s unable w wrry�ul any rnalcria obliyalivn�ncer Iliis Agroernent duc to an Event of F��rcu A+�ajeurc:,lhis AgruEKiwnt shall at Cumpanys uleuion;i1�urnain in eFtect but Company's obligations shall be sus�nded unUt the uncontrollable event tsrm�nates or lii>be term nafed upon 10 days�otica lo Custamer,m�hhith avant Cusmmer shal pay Company for all parts�f tha Serv`ces fumished m the date of terminaban. An'Event oi Farce Majeura'shall mean ary cause or event heyond me contrnl of Company �Yithout umiting the foregoing 'Event of Force Ma�eure`incluees:acts of God,act;of terronsm.nar or;he pubiic enemy; floot7;eArthau3xg; iigMnmg;'prna0a storm,f�re,r,rvd r,�sohediFnce;panciem�c.�nsurrenians,nots,labnr�labo.�r tl�s�u:es,I�Unrliahour or mater�al snnrta�s from the usuai siw�oes n1 suppiy,sabotage;restra nt by court���tlFr ur OubliC JuthOnty IwhelnBr v:�lltl O+Inv:�lltll,2nd aCLOit or non-acUon by or in,3b ifty to obtain o� kuup in lurw tha n��cc:s5ary guvumrnental aul+wntalWr•.s, permits,lic.�nws.u.Kbliwle�or appruva s i1 not Wuscci by Cumpanr;�nd l{ia reyuir�,menls v1 any applicable govemrrent in any iranner that d verts eithef ihe matenal or the fin ished prociuct to ltie direct or indireGt benefi[of the gwemment. 15. Maimm�ance Services Other Than Solely Scheduled Serviee. It Campany's Mairlr3nance Services hereunder are no1 limited solel�to Scheduled S�v�+�e, 1ne irakr�Nlrx�prpw3inns shall alco h�i�y {al Required r�siqr:�F1An shall Cx+ per�nrried by CustrxnEr at ts c�x51 pri[�tn Crgnp�ny b�an,r,�h�,g;�ted:� per�orm hCrUunUei Id}any cha•�ges.adjustmenls.�erviu:or re,�a�{s-nade tu 1he Craulp���u�t by�r�y party uther lhun(�urn�arry.urFk�s aa�ove0 3y Company in wrilmg,may,at Gor*�pany's option lerminate Companys vUgaUon!o render 1uNwr se'v�e;e l�lhe Eywpment so a'fectad;in sueh ase no retund ot any parLon of the Service Fees sha I be made; ard fcl Customer shall{ij prompUy naily ComFany a`any unusual per'rwmance o1 Eqwpmenk(iil pemil only Campany personrtel to repair or ad��st Eau pment anc�or:ontrois dunng the Tzrm ar a Rene•hal Term; arxi iiiij .itlize qualified personnel to ara�eriy operate the Eqwpment�n acccrdance wdh the auphrahle operanng manuals and r�commenCed proceaures. 16_ Remote Connectiv{ty_ Gustomer grents!o Carrpany-he ng�t to remoEHy cnnnect raia phone modem,intemet or other agreed upon meansj!o Customers OwWing autoniation 3ystem SBAS;and u� HVAC uUufpment to�rn.w, exlracl,or r�thcrn,s� cullect ana rrtain c�a1a frr��p Shc BAS. HVAC equ�pment a other bwiding yystems, arxl:o diapnosu and remotely rnake repairs at Customer's �ey�est. The InteUigenl Syrvices. �nGud�ng any reports and other informalon Company provides, are inlended lo prov�de opu*atio�al ass�smen4s and ryr_orrimynd'ations. Etectronic Manitoring A�y eledronic monilonrg Company performs�s undertaKen snlely to enable Company to collcct the Ca[a and perform any analysis�nclu�ec,n Company s Seraices.��stomer agrees the-Compeny �s noi liable for inabdi[y to perfortn ane.�or lass�,that may nas,r in ases r,f malhmctien or nenfunc[ioning r,f ccrcmun�raGons eqwpmem, H��AC and otrrer equ�pment, thB Pnr,rgy man8g,wncn[,•ystem,i��u.ire tn ir�entif}�et�wpment i?f S'ySI0171(lr'!ffflfl'il�fli'.P.ISSUt:3,1.3ilUfP,10 YFfXalYlfllt,flfJ COR'QCI�YF.Bf:IKYf1,Of plhZfW15P. �CIaI4d iu 1Mi:rttciiiilGriiiy ut Cus;���nir's cyt,ipr�1�:�1I �r�k��llldil�g sySiem3 DdYd COIIBCIBfI�CUS`IOIp�Y Itc�ubY �ranSs lu C����pany l�e �rrevoC�f��, pr,rpelu�l, norexclusive,�Norid�hide,royalty-hae nght and license to use,reprod�ce.display,distribute mtamally or axtamally and prepara cerivalive�+orks hasad uoon an! wch data Compeny c.ollects from Customer.Company shell not usa cr publish sucn data in any wey that:dentifres Customer as the scurce of that data•xithout Customer's pnor wntten oonsent. The data Company will cauect from Custoirer.��tl no�ir�cwae any oersona�or�ndh+iaua��nforma�ion Upon Custnmer's wn[ten repu�E, Company�n•�II entlea�nr to provide an elertron�C r.n,y of d;�ta r.cAk+r.CPr'irom;:,,stomer,sub�er.�to 3vadat�d�ry Fpr Fnr..rgy antl 3utlding Pgrformanr,e Serv�u:s�,CM(�(�S E1144'�'�' A3SC3SI11C1115 211d [JI�IIUI 2SSCSSIlY6r11Sj, C011i[k711'y 'M I usc ccm�nirually rwsixiaDie utt�rts lo sturc Gus;uriic�'� �_31a�o• up tu i8 rMrnthS CUmp:jrtp C0�tn01 yU0i��1CC lh8 OvailBDilily UI IhL'd212 Dafa Privaey and Saeurity. Company has�mpl��menlGJ var�uu�suc��d1 measu•es lor l�e purpose of arotecting Custoner s data against acciderrfal o.unlawful access.unauthonzed disdosure, o�s,cestiuction,and altera:ion Customer is�esponsible for maintaining[he coniidzn:ie ity of C�stomers user name(sj anc passward{s;. Customer is respansible inr all uses of Cuetomer's pass�herd{s},�rot!e[her or n�t authorized by Customer. Cuetomer must nfarm Campany�mmediately of an,y�nauthorized use of Customer's iser�am�l.sl or pass�voral.sl Transmission of deta ovPr[he InternP.1 by�Is nature eM3lg the usP.nf Sy3lems�nQFr thP.c,nntrol nt Ihlyd D�n�es,and ag.3 'esuq Gr:m�Brty r.annnt Pnsi:rP.tot31 r..C�NoI nf[he 3aGluity Of SUCti 5y�1Cre3 GU«7Gklfly WIII 18kB pUillrtlBrp�lly fV�iBJn�tG�B�tIOfIS tU Ui1SU'�U1J'd�la�1�1C Ulh@r t�ilfl�ur�liUii p8�8ri16tG�rS�rC n�l viyib�u GY BCUt:53tiU by cther custorrers- Customar acknowedges that the vary rature of communication via the Internet restrcts Company frcr-r ❑ffanng any guarantae oF the pnvecy or confiCentiality oF infarna[ion rela[ng to Customee paesing over the Intemet. In ga,ning accEss via the 'nter�et. Cus[emer also ackncJwiec�es and acoepts tna7 electron�c communicadcn may not be free from interference b f�aauthnrizec persons and maq nnt remaim m�f�dent�al Customer thererore accepts ih�gt arress and storage oi r1aG'�is a!(:ustnm�r'S n�.�r nSk C�mp�;fl}' Will n(1(IfY'C�lS101T1P,!Of 311'y Ittf:,i(Y! �(1 3P.CLLflty O('hfiif'h[;nm�sany tx:r..nme awarF Ary DiCaCh in 4��vacy ol �roh�ch Custume SLCGYne Ciwaru snuai0 be; �u{:orlcC ty Cwl�ier l4 �Unl�rry IttlrtliX1101L•iy. Cu«�p5ry CuGy nol 0�5CIL�sC CuslUm�r S informalbr to lhirC parties lor thei� marketing �urposes, bul Com��any does use lhird �rty softwa•a and services ta assisl Conpa�� with col�ecting and analyzing mfarmatiort. �o�rpany�nay also disclase Customer's in`o�matic�if required to do so by law,in whicr cass_Com�any�vould inform Custcmer cf sur_h disclosure- 17_ GeneraL Except as provided halc.v,ro the maximum extem providec ty laa�,this Agr�ement is mace and shall be irtter�etea and enforesd n accordance .++th the 4�ws of thB st8�6 Or prpvinr.P�n wh�ch(;pmp�n•y perfprms ihe Serv�Ces nnp h�gp�ite 3'ismg un(!Qr nr relat�rx3 to!h�i Agre,e;mgnt shflll De Qer:�detl by hl�ation in��uuR ot��nip�tent�un3C�cbon'oi;at�d�n 7hn sl2lu u�prov�nr_� n wh�ci�lhc S�Yv�u:s ara peAorrned 7u thn vxlent t�C prCmiSG�s 0rg�vr1Bd Jrdtor operate0 by any agenc�of the Unitud States FeCerai Gavemm�nt dWerminalwn ol any substanl ve issua of law shali be acccrding lo Ihe Umted States Federal commc�law of Gavemment cantracts as enunaated ard ap�A�ed by Unitad States Faderal judicial baiies and hoards ci contract anPeals ot t�e United States Federal Gou•emment This Agreemem conta�ns atl af �he agreements, represen�a�ions anc �nderstandings of [he part,es ana s�persede� �i previous unCerstardings,eommitmrnis Or agreements Ur2l�r wnitPn,-•el;�tr�l In the Se���ces If any term or r,nndltlon n(ihi�Agrr.ement i9 iro,�l{C iliP.f391 Af Ifll`,�:D�1�Ie ol �cmg anlorco0 by any YUIC U�(dtv, JII Uthe>� Tt;rmy p1��iig Ayrp�ntunl'hill�w�onr�ui��ss'UR18�t1 n 'UII IUfce Jnd OHU[:t as �emg as 1hU VOOf�OrniC Dr Ir��l substance af Ihe transadion contemplated hereby s not aHecled in a namar ad�:erse to any pa�iy he�eto ��slome�may nol assign,lrarsier.w corn.ey this Agreement. x any part hgreof,wifhout the artten wnsent�F��mpan.o. Subject to the foregoing, this Figreament shall bind and inure to tha henefic ci the perties hereto and kheir permittec succeseors and assig�s. T�is r\greemenl may he exzcute¢i�several cou�lzrpars,each oF wh�cn wnen exccuted shali Ee deeme�h�he srt�nginal put all tnqe[he•shati r.nnsntute nu�one anr.tne samP Agrtv>ment. A ful y exPr.�t��l rar.simuF r.npy htre�;f�r-hs several c�unterp�rtr, snall suftica as an cn��nal Custemer may not as.�gn, transte� ��r co�vey Inis n��ee•�ent or anyr pah hereuf, or�ts npMi, �I�le or�nterest here�n, w�thouc Ihe wrillcn Wn;cY,l c�Company Subj��:l lo Ihr;lon��ang,th�s Aprr_�;rncnl shall C�u Dindiny upc��0•�d iir�.r�lo thC benclit of lhc yarUas' r�y�,yiy�sucC�ssors�rid ass�gns. No ta�iure or delay by the Compan�m enf�rcirg an�right c�r exercising any remedy�nder this r`�greement shall be deemed to be a�vaiver by the Company at any rioht or remady. 18. Equal EmploymeM OpportunitylAffirmaove Action Clause. Company is a federal contracmr that complies Fully with Executive O€der 11246, as am.wxlecl anA 1hQ applir.aqle regulaanns nnnta�ned�n a?L'F R Pr�rt¢fi0-'thm�gh 6f1-6D '29 J S.0 Sxiion 793 and the apphrat�regula[�nrs r.mta�nxf in 41 CF R P�rt 6q-741.�riU 39 U 5 G Suclio•�dz12 and ihc apUliwGlu�uyulations cc��l-amcd in 41�:F R.�art EO-250 Exucuti'vc Order�34g6 and Sueti[x�29 CFR 47�,apaendix A ta suhpart A,regarding the nobca oi employae rights'n the Un led States and�+7th Canadian Charer o�Rights a�d F�eedoms Schedu�e B to tha Canada Ad 1982(U.K.j 1982.c_1'anc apqicaEie Provincial Human R;ghis Co�es and employmen[law in Canada. wFRuxe ow�uwrs�annxa�r rtur.�- ��20�8 Trane A1!rrghts reserved Page i3 0!24 TRANE SCHEDULED S�RVlGF AGRFE�MEN7 FOR BUILDrNG AUj07�fATfON SY5TE�6�AND MECHANICRL _�y �` Tequesta Village Hall BA5�Mechanical SA New 3yr .�� �`�—.--�._ � ��� � -. . -;.; ,_��-�_� 19. U.S,Govemmant Services. The following provision applies only to direct sales by Company to the US Govemmerrt. The Pa�ties acknrnviedqe that all items or 9erv�c,es orc!er�J snd delivered under thls Agreement ere Commerclal ttems as defirw_d under Part�2 of the Federal Acquisition Regulati�n(FAR'i.In parlicx,.l�r,r;,trmpfin��;{grees to be bo�+nA��nly by thpsf;F��1f;ral rpn[r9rtm��r,lau5es th;�t a�p��tp'e(Smmerhal' 3uppOrri 3nd that are cOn:amr.ci in FAR 52 2�2- 5(ei(i j. ;'om�,any oomp��es•.+nth�2 21�-$or 52 2tg•9 i�ds 3en,•ir,e an�i nstallaUon canir�rt�ng bus�ness The fo�bw�ng prov��ion applYes oNy to�ndtrecl salcs by Company bo thc US Govammdnf. +L�a�:�mmerc�ai itEm 5ubcont�actor, �;�>r�p��y�3ccep15 o�+iv lnz��,ik�wR�q �nanUatory(t�w dpwn p�cr:isluns. 52_219$;52.222-2Cy;52272-35:52.�22-36;52.222-38;522A7-b4.Ii ihe Services are in ccnne:lion�hith a U.S.uovemment oontracl,Custamar cert�ias thai it hee proviaed and aill prnvide cureni accueate and ccmplete mformetion,representat�ons ancf cercincatio�s to ali y��:ernment officials. �nclu�ing t�u[nat hmi[�d to ihe cnMr;�cGnG c,ff�cer flnd offic�es nf tne Smflll Susiness A[1Mm�3tr3hpn,nn aIF rr�tter:s retfl[eC tu thg pnme rnntrTr.-.:nr,iuc�mG hut not im¢�G to all as�r;r,ts o� As o.vnersnlp,��g��li�ty,anC pe�formanca nnytnmg n�rein nor+�tr�s�and�ng.Comoany w�n nave�0 ObIfQ3U0nS 10 C-USCamer uriess anci unt�l custa�ner proYuses Com{�any with a trut. c:wrrud and wm�ulu uxE�wlt�i wpy of Uie primc wntracR. Upun rucu�.�st Cust�me� will pruvidu cwiu�tu Cvripa•iy of all royu�st�d written commur�ications vn?h any go.er�meM o`fic�al retate�tfl the pnme cantrau�rior'o cf corrc�rrtnt•nith the executia��hareot,ir+cud ng bul noi limited to any communicetions related[o C��stomer"s o�tirership.eligihility oc perfcfmanc�oF the prime contract.Cus[omer a�ill•�h:a n writlen aulhanTatian and approval irom Currpany prbr 10 providing any gavernment official eny infoemation ab�ut Gompany's perfortnance flf the Services that are tha sunjec:of th=F'mposai 4r tn�5 AqrF?men[,�ther than teiq PrapoS.al�x sh�S Agreemzn[. 20. Llmlled Walver of Soverelgn Immunlly. If Custome�r�s an Intl�an tnbe f.ln the U S I ar a Fir:�t NaLon cx 8an�7 C:ounn�{�n C.anadai,f,uatcmer.•h+hether acUng In i6s cdp�u:y�5 a�vurr�mvnl.yvvemmunlal unDty.�r�uly uganited car�rat�:orHity ar�ttwrmsF•,'cx lscdl an�1ar ils aycnls,suu:�ss�rrs,and ass�gns: j1j heraby pr��:ides this !imited wai+rer or ts savereign imm�nity as ta any�amages, ciaims, �awsui;. or cause of action (herein 'P.c;ian'} hrought against Customer by Company and ansi�g or aliegzd to arise out af the fu�nishing nf Company of any prode�t or servtcF under this.Agreement,�n•�ether such Acti�n is b9sr.A�n r..nnUact,tnrt,cfrct liabil�ty r..�vil Ila�ih;y or any nthc:r ip�,'�I thcc�ry', I1'r��9�s th,3t p,,rlsrtu�tlpn an(1 venue f�x any s�ich A.;Aon shall h�prnp,w anr.valld i3) �i C:ue��m��r �s nt tYie U.5.,�n any sta�a or UG�ite[7 StatGs�r�rt Ir�c;aled in thu statc�n wh�� Cornpam��s �e*fannlr�this Agreement or fbl if Custumr,r is In Canada,m the yupnnor c:ourt of the province or territory in which lhe work was�wr`o�**�ud: 13'r expressly wnx�n's tc wch AcUon,and wan�es anp•otr�!�.iion to juriscicti4n or v+�nue: I�i '�aives any raquiremert oi exhaustion oi tribal court or aeministrative rem9dies `or any A,ction arising o�1 of or related to this Agreem�nt:and 15j expressly ac�enowledges and agrecs that��ompany is nc,t subject to the jurisdiceion oe Cusromer's tn6al,,ourt or any similar tribai forum,that Customer xvl not bring any ac�on against�ompany in tnbs�court.and that Cu9comer will not avan �L9Elf of any n�ling or a�rectio�of ine!nbal ccx,rt permitt�ng or dlrecUnq�1 ta suspen[6 rts payment or other npl��aUrns urxlef Ihls Ar�r:�ment The in�f�wA�.�al�,gn�nr�:an b�:�H nf.^.uStnmer N,�mants and•Q�rgggn�,�ih,�t Sur,h �iidrv�dual is duiy auihuri2Ud`U GrootiU4 this��aiver�rd eii[er nttu l�is Aqr.�:rnertil arkl ihal Utis Agreer»ent ocv��ilu�cs Ihc vand Folid IC4J�Ily�jlrtdjr5�UGIrg�3�10�1(7I Cuslomar,yr�forceable n eccordarx:e wilh il.s ter*ns. 1-2fi.13�7-7 I.D415) $u�P.l9PdB.R 1-`lfi.�1(3-f(1114} � ���;- WEAfAX£B �� VGSV7LlRKUCTTDif{IRl1fE' �J2018 Trane AI!rrghts reserved !�age f4 of 14 TRANE SCHEDULtD SERVICEAGREEMENT FOR BUJLFlNG RUjO�'�fATtON SYSTEd,4 AM1lD MECNANICRL � ��� � 3u/Idi�g Services Appendix - Safety - Customer Service FIoWS - �-�---- �� � TIE�NE � ':�. - , -----" !I .-+srMM� ~_ � . �Y ... _ . _�..t"'- ��.'�� _.r""'�y ,.r- ._ _. J�_... . . ...r"� ,.` ��� - ��� - ..-�� a � ~� � E' � .y i�r�r�� ����„_�,�,� ��lF M1fA7iF g!Jif�'?INGS'A`C+�'k"RFT7F�i F017 i rr"�. � � ��� � _,...�;e,:,:�st�r.�ct�; SafPtu � f ; . � Tran� s Safety Standard Trane is committed to providing a safe work environment for all employees and to preventing accidents in its business operations. To accomplish our ohjectives Trane has instituted safety programs, pro�edures and training that incorporate a progressive approach to injury prevention. Pro�en Safety Succ�ss Trane's safety culture in North America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. Trane Injury Rates v Industry Car�petitors Since 2003 the US Bureau of Labor Statistics records reflect Trane`s Total Recordable Rate(TRIRj and Days away from work (DAFW)rate have been significantly lower than HVAC repair and maintenance contractors and Specialty Trade contractors (construction).Trane's safety culture in America is unparalleled in the building services industry and has demanstrated proven results+�ia continuous reduction of injury rates. Trane's incident(OSHA)rates are consistently 50-70°/a below the industry average. This outstanding safety achievement is the end result of the rigorous team oriented approach to our safety program that creates accountability and empowerment in all employees and ma�agement and fuels flur institutional safety culture. This is the key to our continual improvement, Safety Taals. Tra�r�inc� & Expertise Trane's service and contracting technicians are not only among the most skilled in the industry they are also extensively trained in safe work procedures_ Dur technic�ans receive safety training,equipment, taols, procedures, and management support to identify jobsite hazards and take appropriate measures to prevent personal injuries. The resources available to Trane technicians include: • Safety Training-20 hrs per year, including classroom and web-based platfo�ms, -Topics include, but are nat limited to, LockouUTagout, Confined S�ace Entry, Hazar�f Cammunicetion. Respiratory Protection, Hearing Conser��tion, Excavations, Scaffolding. Rigging, Powered Industrial Truck oper�tion. Ladders, Vehicle Safety, Fire Protection, PPE, Emergency Response, First Aid!CPR. • Eleclrical Safety -- NFPA 70E compliant- electrical PPE; flame-resistant Gtolhing; training. • Fall Proiection -Trane provides full complement ofi fall arrest and fall restraint equipment for each technician, i,� ►x�n�,ar�aurcnr�s�u�+rsfrrFx r�n c,r�.- � ��� � v�i2.�r tGl'l.'1=J.�t?I�✓:_`•:-. Safety Tools. Training 8 Expertise (continued) • Ergonomics-Custom-designed for HVAC field technicians, includes training, material handling equipment and procedures. • Smith System Safe Driving Program-Trane's safety Managers are cert�ed instructors: safety Managers train technicians; 1-800"How's My Driving?"stickers are located on the back of service vehicles. • USDOT compliance-technicians scheduled rnthin Material of Trade and Hours of Service limits and are fully qualified under Department of Transportation rules for driving commercial motor vehicles with GVWR >10,000 and 26,000 Ibs. • Refrigerant Management-Service technicians are treined to manage refrigerant in accordance with U.S. Environmental Protection Agency(EPA)rules using a sophisticaked electronic Uacking system developed by Trane. • Empowerment-Technicians are empowered with full management support to address safety hazards as they see fit. If ever in doubt about how to do a job or task safely, the technician is required to ask a qualified persan for assistance before proceeding with wo�k. Management Leadership and Cor��mitment Accident prevention is a primary responsibility of management at Trane. Trane's safety culture is based on the following management principles: • Leadership a[the local level manages the local organization's safety perFormance. • Management is financially accountable For safety perFormance. • Local management is actively engaged in risk reduction activities end training and manages safety perFormance outcames. • Management clearly communicates to all Trane employees lheir safety expectations and strongly enforces compliance with those expectations. • Employees are held accountable when they Fail to meet safety expectations. Local management and supervisory personnel at the local level are responsible for implementation of the following safety program elements; • The Safety Management System developed by Trane - developed in accordance with OH5A5 18001. • Audits and Inspections -Supervisors, Middle and Upper Manage�s must conduct fleld inspections, Corporate Safery conducts detailed compliance and management systems audits. • Company safety compliance programs - Ensure that they are fully implemented. • Safety and environmental performance-Tracked using a Balanced Scorecard with leading and Iagging indicators and metrics_ • Subcontractor Qualification - tmplement this process to promote safety and safery plan compliance on multi-employer job sites. • Six Sigma and Lean- Use these productivity tools to enhance safety on job sites. • Drug and Alcohol Policy- Mandatory DOT required for-cause and post-accident testing after recordable injuries and property damage. • Motor Vehicle Records Search-Annual checking driving records af employees who drive company vehicles_ Jobsite Safety Equals Custamer Value At Trane safety is part of our culture for every employee. W hat this means to our customers is fewer job site accidents and the delays and liabil�ty concerns that come along with them. What this means to our staff is greater confidence in the practices and procedures they use on the job and the pnde that comes from r,vorking for one of the premier service organizat�ons in the world. Tighter safety standards and fewer acc�dents can also lead to better on-time project completion and higher quality results. When you use Trane Building Services to install, maintain or upgrade your buiiding systems you will take fuil advantage of our superior safety program, Iow incident rates and subcontractor safety management procedures. These help you manage project risk more effectively than you could using multiple contractors or even a single prime contractor with a less impressi�e safety record. , :�. j.,,' µ�fRAlfF BfJfLAINGS W019K BETfHi fO,R LA�'