HomeMy WebLinkAboutAgreement_General_11/08/2018_Trane US Inc. VILLAGE OF TEQUESTA
CONTRACT FOR AIR CONDITIONING SERVICES
Til1S CONTRACT FOR AIR CONDITIONING SERVICES is entered into, and effective,
this $ day of November, 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".
WITNES SETH
The Village and the Contractor,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 Exhibit A.
2. COMPENSATION: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$276.00/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 policy. 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 under this Contract.
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4. PUBLIC ENTITIES CRIMES ACT: As provided in Sec. 287.132-133, Florida
Statues, by entering into this Contract or performing 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), Florida Statutes.
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 Principal/Agent 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; VENUE: 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 Exhibits 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 Palm Beach County
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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. PUBL.IC RIECORiDS: 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
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APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO Ti11S AGREEMENT,PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
Imcwi11iams&teguesta.or� OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the date and year
first above written.
TRANS US INC.
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(Corporate Seal)
VILLAGE OF TEQUESTA
ATTEST: Abigail B nnan, a
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Lori Me Williams, MMC
Town Clerk
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EX. A
T/MWE® Trane US Inc.
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 Douglas:
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 exclusive 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 software 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 establish 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 and/or 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 call if you need
additional information.
Labor Rates per Hour:
BAS Straight Time$152/Hr _ Overtime$2284 _ Holidays$304/Hr
Mechanical Straight Time$138/Hr Overtime$2071f _ Holiday$27&Hr
September 18, 2018
www.trane.com
Please note that this is not a fixed rate for any duration or term and is subject to change at any time.
Materials will be billed separately.
Respectfully Submitted,
Amar Sukhai
Service Account Manager
September 18, 2018
www.trane.com