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HomeMy WebLinkAboutDocumentation_Regular_Tab 06_11/13/2025 Agenda Item #6. Regular Council STAFF MEMO A-1 Meeting: Regular Council - Nov 13 2025 Staff Contact: Jeremy Allen, Village Manager Department: Manager Consider Approval of Contracts Signed by the Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. Trane AC Service Agreement for Community Center, $10,775.00/year for 5 years; B. Baxter & Woodman, Inc. Work Authorization foar As-Needed General Engineering services, for up to $15,000.00; C. JLA Geosciences, Inc. Proposal for Hydrogeologic Consulting Services for Rehabilitation of Surficial Aquifer Well 26 and Exploratory Test Well at Water Plant Site, for up to $22,549.00; D. Kimley-Horn Work Authorization for Bid Phase Services for WM#2, Beach Road Water Main Replacement Project, for up to $12,430-00; E. Family Church Parking Agreement, $0.00. .SUMMARY:,i--j Consider Approval of Contracts Signed by the Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. Trane AC Service Agreement for Community Center, $10,775.00/year for 5 years; B. Baxter & Woodman, Inc. Work Authorization foar As-Needed General Engineering services, for up to $15,000.00; C. JLA Geosciences, Inc. Proposal for Hydrogeologic Consulting Services for Rehabilitation of Surficial Aquifer Well 26 and Exploratory Test Well at Water Plant Site, for up to $22,549.00; D. Kimley-Horn Work Authorization for Bid Phase Services for WM#2, Beach Road Water Main Replacement Project, for up to $12,430.00 E. Family Church Parking Agreement, $0.00. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • - • BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA FUNDING SOURCES: NA IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A Page 34 of 603 Agenda Item #6. COMMENTS/EXPLANATION ON SELECTIONNA Public Works TRANE 5YR Contract Utililites BW As-Needed Eng. Services Utilities JLA Geosciences Utilities KHA WM2 Beach Road Ph2 Parkins License Agreement- Family Church and the City of Tequesta2 Page 35 of 603 Agenda Item #6. V '111age of T 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Consider approval of a five-year service agreement with Trane U.S. Inc. for HVAC and Building Automation System maintenance at the Tequesta Community Center Date: October 28, 2025 Jeremy, This is a five-year service agreement with Trane U.S. Inc., the original equipment manufacturer and sole source provider for the building's HVAC and Building Automation Systems (BAS). This contract ensures continued maintenance, reliability, and energy efficiency for the facility's four rooftop HVAC units. Scope of Services Under this agreement, Trane will provide comprehensive mechanical and technical services including: • Annual and seasonal preventive maintenance • Building Automation System (BAS)review and inspection • Refrigerant management and laboratory analysis • Control loop tuning and system performance optimization • Software updates, training, and system analysis Trane-certified technicians will perform all inspections, testing, and maintenance according to OEM standards to ensure optimal comfort and equipment longevity. Contract Term and Cost • Duration: 5 Years (2025-2030) • Annual Service Cost: $10,775.00 • Total Contract Value: $53,875.00 • Pricing Basis: OMNIA Partners Cooperative Purchasing Program (Contract No. R3341) This cooperative purchasing arrangement allows the Village to secure competitive pricing and service continuity without the need for a separate public bid process. This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Page 36 of 603 Agenda Item #6. Justification Trane is the sole source provider for the Community Center's HVAC equipment and associated control systems. Utilizing the OMNIA Partners cooperative contract ensures compliance with public purchasing requirements while maintaining direct access to manufacturer-certified technicians and genuine Trane components. Fiscal Impact The annual expenditure of$10,775.00 will be budgeted within the Parks & Recreation Department's maintenance operating funds each fiscal year. The five-year total of$53,875.00 represents a fixed cost that provides predictable budgeting for HVAC maintenance and operational reliability. (:�4 �� Doug Chambers Director Department of Public Works Page 2 of 2 Page 37 of 603 Agenda Item #6. TRANE HVAC SYSTEMS SCHEDULED - SERVICE AGREEMENT Trane Office Company Name Trane U.S. Inc. jI Iege Of Tequesta 345 Tequesta Dr 6965 Vista Parkway Forth,Ste,I 1 Teq u esta, FL 33439 Wellington, FL 33411 Site Address: Trane Representative T q e to Parks& Recreation Jennifer Gauthier Meth 399 Seabrook Rd Olivia Jones BAS Teq e ta, FL 33469 Cell:(77 ) 51- 4 1 Proposal ID 706306 Service Contract Number 7053065 o ntact Teleph one I1 u rn ber for Service ( 4)4 � 900 CO-OP Quote Number 114-4 B- -00 CO-OP or Federal Contract ID OMNIA Paine# 341 Sept 3C,2025 T? ." N Page 38 of 603 Agenda Item #6. a TRH NE EXECUTIVE SUMMARY This Scheduled Service Agreement provides are integrated approach to planned m si rife r-tance for you r HVAC equipment a nd building automation system (BA ). It is are e.ffec5ve service strategy- After all,both systems must work together to your building comfortable and energy efficient. U n der-t h i s comb i reed:s eryi a ag ree men t, yo u Sri f i han d e ff the respo n si hl I ltles for planning, scheduling and managing routine maMenance to Trane.Our local factory When it comes to service trained technicians keep your HVAC and BAS running efeiendy and reliability,as effectiveness,experience Nvo interdependent systems- ,-natters.No other provider has more expe6enee than A ,a n HVAC service provider.Trarle offers many advantages: Trane- F onfidencia that your HVAC equipment and BAS are being cared r 1 g0+years of according to OEM hest praictice5 for both fre-quency and procedures system and * Priority service,available 4-hours a day,givirng your facility precedence equ i present during urgent siluatlons experience Advanced diagnostic technologies,allowing our technlcGans to analyze +years in s y sfe m perform a n ce rr ore cc m prehensi rely,so they can id e n ti•fy and building a utum abion rrect a br-oa de r set of cored i t i o ns systems(R A ) Protect your bottom lire.Proper maiin ter ance Can save an e:F>ti mated 12 to 18 0+years i n energy percent of your budget compared to a run-to-fail approach.This service agreement s a rrrices will h4al p you captu re those savings. (FE )O&M G+irate 2010 ADDITIONAL SUPPORT Trane offers a wid a range of mainten ance and repair ser-ricer frond the scope of this service ag reement. Ask y a u r Tran e re pie enta#ive for details. ,ENVIRONMENT` { aaliamsm- Trane Procedures for All Trace technicians Trane incident rates Your ill have a consistent handling refrigerant are follow documented (OSHA)are oorsistently group of Trane compliant with federal processes onauTing 50 to 70 percent below employe dedicated to and Mate regulations- u nIfo rM service delivefr, Industry averages. your a ccou nt- Page 39 of 603 Agenda Item #6. VDT Community Center-New Q -Mech and BA RANE ' IR . a� a ' Its SCOPE F SERVICES - STANDARD INCLUSIONS ANY HVAC SYSTEM IS ONLY AS STRONG AS ITS INDIVIDUAL ECHA r I AL COMPONENTS. This service agreement�Ai ith Trane protects and enhances full system functionality by ensuring that components are well maintained an d functioning to 0 E M Fta nclards. And it is t ilo red to you r needs the feltovving a re t he standard inclus ions of your service agreement; - , Factory authorized Trade sew ice technicians perform all pen-odic mEiintenance, following OEM standards,to beep HVAC and BA _ uq uip ent rtin ning optimally and prevent unplanned downtime,Trane .,_.., assurres all responsibilities for p I! n I n r scheduling and man nglin ; routic a maintenance on Tfane H AC equipment and outer bra rids_ 'W�� W Advantages. n l o. Trust one assigned rna i ri tenance team for al l HVAC equipment ; brands H celve n is ter)t service ouI orn s through proprietary Sic Sigma mainten2 rce procedures Save money compared to ad-hoc serilce tells Implementation: Technician visits are scheduled in advance F Service is completed during normal business hours • Basic 5uppli es. such as grease. cleaning solvents and wiping cloth.5,are included in the annual Fee 1 022 Trane Technologies All rights is reserved-Confidential and proprietary infurma#ic rl of Trane U.S. Inc. Page 3 �f 18 Page 40 of 603 Agenda Item #6. OT Cornmu nity C e We r-New SA 2022-Mech a n d BA Proccsa I 1 Q: 7�3065 1AM TR ��' -_-79' : -ti U S E nvironrn ental Prot Lion Agee cy(E PA) has pl aced in effeot more stringent regulations on refrigerant managem rat and reporting in 2020. Section 608 of the C I ears Air Act prohibits the :- 1 nowi ng release of refrigerant duri rig the mainlenanc , servi ce rep@ i r, or disposal of air-conditioning and refrigeration f equipment.The EPA requires proper refrigerant rna nagerr rat practices and documentation by owners and operators of refrigeration and air-conditioning systems,all servicing w i techn i is ns a nd others_ The Gleam Air Act requires owners to maintain records rds of refrigerant usage and leak rates for *. each a it-c ondition ingr or refrigeration appfia ry e with refrigerant charge greater than 50 lbs. These records musf be main tai a r 3 years and be direct# accessible if audited by the EPA. This brief s ummar of Sect i on 08 of the Clean Air Act is provided for Informational purposes only and is not for the purpose of providing legal advice.You should contact your attorney to obtain advice with respect to the application of Section 608 of the Clean Air Act to your bu i ness_ AF Trane Technicians are Universally cert ied(the highest level possible)to service,manage.and do ur nent your refrigerant and are k no ledgeehle of a p p I Ica ble lair and tirne canstrains to repair leafs-Trane Tech ician9 track a I ref rage rant in all eq u ip ent serviced regardless of appl i a nce size(supports accurate fugitive emirs ions FePOrting where a ppIica hla. Then a custorfle r has all their refrigerant work performed by a Trans technician-Trane Ref Man age ment software m ai rota Ins complete record of refri era nt transactions and appliance leak rates. Refrigerant reports provided by Trane will coritai n the inforrnafion to satisfy EPA record keeping requirements. Advantages: Real time reporting of refrigerant leak rate informs proactive decisions F Stay i n cc rnplian ce with state and federal req u Iations Provide acceptable documentation to authorities during audits Maintain company environm enta I stands rd s and provides data for managing any re.porti ng needs Detect potential refrigerant leaks before equipment damage occurs Implementation: Tech n i cia ns cc Ilea refri gerant i n form atiorl for covered equ1pment during onsite v[B1ts Re rant data and tech nicia n acbvity are entered into the Trane Refrigerant Mar}age men t System Refrigerant Usage Reports are generated accord i n g to your needs 2025 Trane Technologies All 691-its reserved-Confidential and proprietary i nformation of Trane U- .Inc. Page-4 of Page 41 of 603 Agenda Item #6. VOT Community Center-New SA 2022-Mech and BAS 4:�I F..!. =%.-%I limb, tR �r TRA N N*M, Trane Laboratory Analysis tests system fluids for contaminants and other physical characteristic and trends_Conditions i nd i eating sub-optimal HVAC system performance are identified before issues become cri f ica i_ Advantage : Head off equipment fa.Fl u res and unplanned downCme * Identify I'ong-term equip meat pe rferma rice tre nd Gain definitive*Insights through Trane e peri a nce and expertise Implementation: Samples collected by Trane t chn ioia ns duri ng maIntenance a5 stated i n th is agreerrient * LaMrstory an ly s i 0f 0 il.absorption soluti ores and refrigerant on a intent teti ng ac c o rd i rig t o T ra n o best-practice protocol s ye e r a fter yea r EM g Z4 1 M1 Sequence of Operation Verification assures the system is operating a Vended.It helps manage the m u Iti pre systerrl input an confirms set-up accuracy. . Advantages. �y jr � * Maintain omfurl, reliability and upti nie � or. .r Prevent prernatu re failure of the system or cornpcnent 49 1 dentify anomalies that waste energy Implementation: • DisGover unre leased manual overrides � � } Correct Schad u[in g discrepande Evaluate appripr late set points 2025 Trane Technologies All rights reserved.Confidential and proprietary information c�f Trane US, Inc P aq c 5 of t B Page 42 of 603 Agenda Item #6. VOT Community CenteF-New SA 2022-N1ech a nd ERAS Proposal ID-, 7053065 I TRANE I # Software Updates and training provide software installation and maintenance.along with information and d e monstrafions on new features and functionality.This agreement includes annual upgrade for all contract customers.Any unplanned software upgrades above an d beyon<J the a nnu a I u pg rode wi I I be b(a ug ht to the cu stom e r atts ntion a rid biDabl a at ti me and matehal upon customer approval Advantages: Proactively maintain BAS system software to each riew + version a i n new a rid i m prove d capa bili ti es as tech nol ogy progresses Know hcw to gain the full advantages of system enhancements Keep BAS softwa re compatible with current opc rati rig systems and browsers r Mitigates risk against potential cyber security vulne rabi litres within the base software Implementation: • P roa ti ve n otif ca tion of s oftwa re re lea se s Installation and administration of software and;or firmware upgrades orn pre h e nsive s stern and database backup and ar hivin p a rotor cc a ch i ng a n dfor u p-iron t discussion on n ew features System analysis and review identifies aridGorrects programming errors,failed points, i nis In al rrn and paints that have been oar a rri dde n- Reg ul a dy sched A ed o n-site vi sits by Tram a tech ni clans � also provide the opportunity to ask questions or address systems concerns you may have. Advantages: 7 r Improves s ystem of i ciency - Assures compllan a to SpeCjl d conditions • Reduces the risk of mstly and disruptive system problem!>- Implem ntation: r Reg Marl}s hedul d on-site visits by Tirane technicians (Tr an a cMoe de tail a g re ed c a d e nce an review scope) 1c:)2025 Trane Technologies All rights reserved.Confidential and proprietary information of Tra ne U- .Inc. P aq..� :f Page 43 of 603 Agenda Item #6. VOT Communit en#er-New SA 2022-Mech and BAS Prowl Q: 705 TRA NE : Operators sometimes adjust system settings to accommodate immediate comfort requirements_Control Loop Tuning makes sure the correct settings are in place duri rig sease nal trans ifions. Advantages: • Prepare for hotter or colder weather } Assu re contin uou s occupant comVt Implementation: • Review for manual ch ar7 ges Restore optimal se t[i rig s for the hcati rig/cooling season Ver i fy operation of mechan i cal Io p corn po ne r~t 2025 Trane Technologies All rights re!5e reed.Confidential and proprietary information of Tra ne U.S.Inc. Page� 7 Df Page 44 of 603 Agenda Item #6. VOT Cornmunlly Center-New 0 -Meth and BA Er LI U: 7�3 0.65 TRANE ' The fa I lawi rig is an o ear ie r of the scope of Trane's ser vi ces to be pe rfa rrne d a n Covered Eq u ipme nt. Items marked are included in this agreement. HjuviRojea l Annual i'rl a i nten ars e Inspection (1)on packaged rooftop units Operating I n p eclions O ( )on packaged rooftop units BAS Systern Analysis and Re ie�v (1) BAS Remote Inspection (1) :Labor and Materials Covered ■ Scheduled Maintenance Labor Scheduled Maintenance Parts and ateria I Clean Condenser Coils once per year r r Drive Pelts supplied by Trane once per year MaraClean Evaporator of is once per year MI&IAir Filter Changes as required up to Oty()changes per year Air Filters supplied by Trane during maintenance Inspection (HEPA Filters not included). Filters included in agree mo nt are 1 3 E -8 disposable filters. If custom or upgraded filters are required d ifLe r e n iri _ost i II he uQtek a ratel Please Note: rr rtime Labor far Scheduled Maintenance, requested by customer, to be performed after regular Trane taus iness hou r '.wi 11 b e b I I le d at cu rrent d iffe r ntial billi ng fates, pe r techn is i a n 2025 Tram TechnologiesAI I tights re�eried_ onfid e n tial and proprietary information of T ray lJ. . f p aq.- �� f Page 45 of 603 Agenda Item #6. VOT Community Center-New SA 2022-Meth and[3AS Pmposal-.lC : 7053065 14,6 TRANE i HVAC EQUIPMENT COVERAGE Tequesta ■ ComCenter The following"Covered Equipment will be serviced at Tequesto Community Center: Equipment Qt Manufacturer Model Number Serial Number Asset Ta Tracer ---- 1 Tree BMSC-X1365 E 1 E1&672 ---- SC Description 0 u a nt it y Per Term O ns ite Extended Systern Analysis and Review BAS Remote Inspection 3 A Three Year Tracer +Software M a inte nanGe Plan(S P�A P) i s inn uded Equipment r Manufacturer Model Number' eria I umber' Asset Tag Packed c oftop Unit 1 Trane TH 1 0 F 3 R I 1 411101'L TU 1 Packed Rooftop Unit 1 Trane THD 00G PO 1-1 10 43[ TU Packed Rooftop Unit 1 Trane TH H 1 D 1 1910 9410 RTU3 MENEEMENEEMEMEW Packed Rooftop Unit I Tr,�ne THH15OG3RN 211810942D RTU4 Description Quantity Per Term Annual Inspection Operational Inspection 2 0 Trane Technologies All fights reserved,Confidential and proprietary infc) ation of Trane I .S.i:�:�. f i Page 46 of 603 Agenda Item #6. V 1 Common Ity Center-New SA 2022-Mech and BA Proposal ID. 7053065 4�*Mq-W TRANE PRICING AND ACCEPTANCE Village Of T q ue to Site Address; 345 Teque to Dr Tequesta Parks&Recreation Teque ta,AFL 33469 399 SeabrookFed Tequesta, FL 4 9 Trane Service Agreement This 3 ervi e Ag regiment for Buildi ng Automation Systems eonsi sts of the page s be g in n i ng with the page entitled P HVAC Systems Scheduled Service A r ement,"the consecutively numbered pages immediately following such title page,and includes and ands with the Trane Terms and Conditions (Service) (collectively,theq'Service g ree ment''or I'Ag reemenif'). Tra ne agrees to-inspect and maj ntal n the C overed Eq u ip rye nt accord'Ing to the terra s of this Service g re rr ent, including the 'Terms and ConditionSr" and "Scope of Services" sections- Trane agrees to give preferential service to Service Agreement Customer over non-contract customers. Service Fee As the fee(s) the" ery iGe Fee(s)")for the inspection a nd ma i Men ante 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, ontraot Year Annual Amount USO Payment Tee Yea rl $ 10,77 -00 Annual Year 1O, 7 . 0 Annual Years 1 D,77 .00 Annual Year 4 $10,775,OD Annual Year 5 $10-775-00 Annual DServim Fee Discount. A one-Urne 3,00 %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 d ate of invoice.Tax will be GaICLI I ated based a pon th e pre-d i soon nted p rice. Th is Service Fee disoou nt is fe r a d ance payment only under the terms stated in this section and is not applicable to credit card transactions. Please check the box to select this discount option. In addition to any other amounts then due hereunder, if this reement-is ternn-mated or cancelled prior to its soli eduled expiration, Custom ar sh21I pay to Cc mpa ny the b Can oe of any amounts billed to b u I u n paid by C usto riner a nd, if a"Se rvl a Project" is i n cl u d ed i n the Agreement, the C a noel lation Fee set forth i n"Exhibit '' C a ncel lati o n Schedule attached hereto and inoo rpOrated herein. which CancellMion Fee represents unbiiled labor, non-labor expenses and parts materials and components. Subject a n I y to a prior written agreement signed by Trane. payment is due upon receipt of-invoice i n accordance with Section 4 of the att ch ed TeFrris and ConditiOns. Term The Initial Term of this Service Agreement is 5years, beg i n ni ng October 1 2025 and expiring September 31r20 O. However.Tra ne's ob l i gatio n under th Is Ag re e me n t g it l not beg in u n 111 a u thorized rep resentatives of`[Fra me a nd Customer have both signed this Agreenierit in the spaces provided below 2 025 Trane Technologies AI I rilg ht�HC"i OF acf don li al and proprietary information of Trane U.S.Inc. P ; 1 f 'I Page 47 of 603 Agenda Item #6. O T Corrimunity Center,New SA 2022-Mech and BAS Proposal ID: 705306.5 14Q TRANE : r Following expiration of the i n itia I term on August 31- 2025.this Agreement shall renew automatically for successive pe ri ods of 3 years nth a "Pe n ewal Terra")u nfill terms nated as provided h ere i n. If ya u do not%ovant to re new th is Agr em ent for the Renewal Terra,please notify Tren e by to I ep hone o r h y U,S_ mail prior to t h e e p rratic n da to set forth in the preceding sentence. If any questions arise regarding this Service Agreement or hoer to cancel this Agreement, Trans can be reached either by telephone at( 4)4 9-6 00 or by direct mail addressed try: 6965 Vista Parkway North, Ste.1 1 Weliirig ton_ FL 33411_ Renewal Pricing Adjustment The Service Fees for an impending Renewal Term shall be the CUrrent Semi ce Fees (defined as the Service Fees for the in itia I TE!:rm or Re newaI Term irnmed-lately preceding the i m pe ndirng RerieW21 Term) annually adjusted based on changes to the cost of servIce. The Service Fees for an impending Renewal l Tern sh ra l I be set forth in the service renewal letter fryrnished to C,ustomer. Cancellation by Customer PHor to Servic : i efu nd If C ustomer canoe Is th is Aq race e nt vii thi n (a)thirty(3 0)d a s of the date this Ag ree ment was mai l ed to Customer or (b�twenty( 6)daYS of the date this Agreement wa s del ive red to C u stonier, -If it was d ell ver d @ t the time of s ale. are d if no ServIces have been provided by Company under this Agreement.the Agreement will be void and Company will refund to Customer, or red rt u star er's account. the full ServiCe Fee of this Agreement that CusLomer paid to Company,if any. A ten p ree nt (10%)penalty pe r m onth wil I be added to a refu nd the t is d ue but i s not pa id or credited within forty-five (4 5) days after return of[his Agreement to Company. Customers right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided b Company under this Agreement prior to its return to Company. a n eel lation by Com pa re Th is.Agreement may be ca ncelled d u ring the l nitial Term or, if a p p1 ioable, a Re news I Terra for a n y real on or no reason, upon v ritten notice from Corte p a nor to C custom er n o later than 30 d a s p rior to the sc hedu led e p i ration d ate and Company will refund to Customer,or credit U stom er's account- that part of the Service Fee attributable auributable to Services not performed by Com pa n y. Gusto mar sha I I reran i n I iahl a fo r a nd s Ball pay to Compan y all a meu nts d u e for Services provided by Company and not fret paid. COVID-19 National Emergency clause The parties agree that they are enteni n g into this Agreement while the ration the midst of a national emergency due to the ovI d-19 pandemic (" ovid-19 Pandemic")_ With the continued e isteri oe of ovid-19 Pandemic and the volvi ng guid elines a nd executive orders, it is d iff i ult to d eterm i ne the irn pact of the Govid-19 Pa nd mic on Tra n e's pefformarim under this Agreement. Consequently, the parties agree as fo I ic)ws= 1_ Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; _ Each part} F11 abide by any federal, state(U ). provincial (Ca nada)or local orders, di Fe ctives, or advisories regarding the ovi d-19 Pande rnio with respect to its performance of its ob I i gation s ri nder this Agreement and each shall have the sc ke discretion in Bete rniin inn the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees. subccntr3Ct0rs, agents and suppliers; . Each party shall use corn rn ercia I ly reason a ble offo its to keep the other party in formed of perti n en t u pdat s or developments regatrd f ng its obligabons as the Dior 19 Panderric situation evolves F and 4, If Trane's performance 1 s d ela ed or cusp end ed a s a res u it of the COM-19 Pa n der i , Trine shall be entitled to are equitable adjustment to the project schedule andi'or the contact price, : 2025 Trine Technologies All rig I is reserved_C u rnfid entia I and propriet-1 ry in form a tic n of TranF: U_ P acl t•i 11 of 18 Page 48 of 603 Agenda Item #6. 1lOT Community Center-New SA 2022-Mecf7 and BAS Prc)wusa1 MD. 7053065 TRANE 1,gltally signed by Jerem Allen Jeremy Date;2 a 25.10.28 16:213 0-04'00' Authorized Representative Submitted By. Jennifer Gauthier Proposal Date : Sept 30 2025 Printed Name Cell:(7 7 ) 6 1- 9 1 Lice rise Number., A0 34 5 Title . _C r�4 • rr� edi a Trera r Authorized Representative Purchase Order Area Service Leader Title Acceptance Date 1012212025 Signature Date :2025 Trane Technologies All rights reserved,Confidential and proprietary information of Tra ne U .Inc. Page 12 of 1 Page 49 of 603 Agenda Item #6. VOT Community 0 emer-New SA 2022-Mech and BA Propo-s,al IQ: 7Q5 0 , NE ' TRA - -; ' ZN Nt*a� 5 - 7 4 TERMS AND CONDITIONS ''Cornpa n fir"5ha1I rneaD Tran-er U.S.I rn c.. 1. Ag regiment. These tier rns and cor.a iirc i i s("Ti�r ram')a ro ar)into-gra i part of ompWy's Alcr a n d kc:rr)tric bass s of any-�iq•L:(i .urt l(the'Agi�rcin-lcnt")resc jl ng trurrl Corm pany'5 p r,�pnsal(the"PrnFms; ,1 ti fo r the Coll riwr n g Ex.,rnimerr:ia'smrrir,a�as Hinted in thEm Pmposal ic�DlW l iv e-y.Cher"Ser%i c:}�'� 1r.%per kwt,rnai nd enanr��ar n'Z PI}lir ti tF.a�f rlai n to na nce erviceV)one iprnent(the-"Govere.1;Egli p rnerpf'),sk i l Addi Vora n l-Al-0 tic(i f any),arid,if I ncl Lided in t l-.�I�rc�csa t.I nleri ligen€ n vices Energy Assessment,Energy Performancc S-%olutions,and a ny o char SONCcs u5 ing ror notu cur~r r w6vity{collectii volt,and iniffV i&afly rcr-c rro,-d lc,�n th u*u Tc,•rr,,s os'Enc r ay ac d Bui idiuq Parforrnan SeTvices")_ COMPANY S TERMS ARE SUI3J E T T 0 PERIODIC CHAN GE OR AM Eta DMENT. 2. Con need Services. In addi;i�n t<� th-Sze terms end ccrtdit o ns the Connectecl Seri CeS T errn5 0f Service �-C on rt tee Seriicez Tetras-"P. a iisWe a; h ttoj5rrebjw .tire n eL co mlTir;i neC or1ngeted o?ryi-cosTarni&as updated from lints to bme_arc hciwporawd har0i n by roferencoD and shaII appIv to the cxlic!nt that ccnpany pr r)vides Custom-n r with Co nn€-Lied SLM Ni YSs.a�0�I int:rf'In the Cuin n qct ed Services 7 errn s 3. Acceptance. The Pi-opus c I is subject to acoeptanoe ail writing by the Pa rty to whoa,this offer is wi-ar.a or are awhorized agent Cu!A.me F'y delivered to CompaFiy wi 117 in 30 dl from the elate Or Ole p rvpwal, If 1u�kirrier�icc*pt�Wro Plra po"]by pl y;g o rr OW L?r.w0 ram,t W-e art Ui;im i of gt y otl fie*wer r r i s i-ind car rri titan i-s of ui�k-ur a ny other rr rfic�atioa,Cv5tur> e� :5+)rde-sha I I Ue d e=rrred acce ptance cf t a bject IQ thaw e TernnS and Corr Mims- If uslcrner's c tder i!5 expr4�saly rcr-ri it1Q,3e-1 opon Company's accoplance or assc nt to terms an c or editions olh r--�r than thaw expres sod h o rci n,retu m of such Fvfdcr by Company vd ith,Company's Ternis and cndiiicrt5 attaOipd or mfereti.� '5or':e!s 0!�C-;M Fla ny'S n ntace of-ntijecticn to Custo rner',%term r�ainri Fi:5 C�pm ( op 1c: ,;P-form r.a rro rEfFin re wi 1�tha Proposal and Company Terms a rt4 GO r:didOnSr If CuswmeLr does not reject o r o a; C in vdrttirl g tic C am pa ny with i n 10 days,C om pa ny's ccvnteroffe r w.1! be deemed L�cca pt ea. Custanners somptapice of porl'of Banc-A by C orrNpal c y vA i;p r an ear g-00r`1 s!rtu tQ-a;l by C cglarrt g r of Tefm- and ors d Itiian:�. 'r h is Ag memant is 5u t�jecl to credit approval by Gompeny, Upon di Sapp rov,:4 :if tired it.Ccm:any rnay rr a Ian or 5u 5 rpend perlorms rice or-at&z)rl ion.werqQl i7-it a priced a nd'Pr 7 r-rm s Ind ComJitilans awl th C uslomCF, If Com p0 0y and Cuslorricw ar c u nat3o to agree on such revis iur.s th as Agre errant sihall ci�P.cc-.i C10.-.Vi thw any liab lily, al,er tria n C List orners obllgaWn to pad'for Services-,provi ded by Company to I h r=dalst rof r,Ant*Ial€c-n 4. Fee s and Taxes. Fees for the Se sAces(the"S Qr'•fi co Fogs")are as set forth in tic Proposat.Except as other ovisc zatatod i n the Prc posal.Service F ee s a re eased o n pe r formance d Li-6 nq mgu la r buss r.oss hears. harq for pi�r6orma nce art srJe Corn rly`s oovi iA b u�.i rn4-s�hoar s bed bg lled spa raWy s coc rdi r fig lc lhs.111�11 prevaii ing overti me w emergency I a bor.'labour r a tes I r to the Eta%ed ,�rvlca Fees,CuStcfinerr sh a 11 p all taxes no:legal lly requip red to be pa A by Cc mpan_v or, 011!rnativel1y.s ha 11 provide Corn parpy N-.lh a a aocoptaLAe tax exon xpticn rorli i ca t 5, Payment_ Payrn enl j5 data upim rer:,eip t of L'Oompany"tr xr<"MVI-Ir:. Service Fermi Lihall hFa paid n«less f rjquarr.l y 1 h a n guwW rty and in adva nc-P cif of i?fie Cam pan s ec the riig-!--to acid to any arc; a rrt auWandl n g for more than 30 A aye a Service ch�i rge to;r-re 1 er�,,rF-r rat ih er rmax rwn al Imva hrle€er m interest rate or 1.5%of the pfrn cipal q un%due el the!end of mole rriontl r WRhout l is f pit r y to Customer,Company may Newntinu a p6rf-orrr,c r ce Whenever pa�man-b i s c;,rerduer_ Cu st,orner shall pay all costs(i rn l�idF n g a WrraYF. fees:i ing ffev,by mPany in attem plir,.g to col t a meu n is Cry a cr other-wise enfcrdng t-pi s Ag reement_ 6. C ustlomer 8 reach. Ea&of the fall owl ing cc n st.,ve s ia breach by C usta rror and sfi ail g ivL,Compa ri y thD ri ght,w thoul a n 0 i0c1100 of Tern udi es, lo,S Ws Pend pr!rlarmanr�.or terminate fis Agrrremrr r:t by d elivur� ref%widen nutted dedaring terMiMitiDri.Upon learn inalion,Custurtier s h a°I Lm f iab1-i�i,�the Company fer all Survicus furnl:5he d to d-ate a rid all damag-as susta fined by Company(In e1 tird ing last proM and overhead)-1 a.)Any f ai aura by stoner to p LW a-MOLL nts VVhe rr d i,Fe (b)any efak assignment by Customef for the benefit of its cred fors,C ostom.0a bankruptcy.insolvency.u(receive rshi R.(c)Any w vearranty ftt rnis�,ed by Cumomor r1 bannEi ction with rh iis Aqr-F�RMOF t IS fahie cad m iu lead ing in a ny rtia toria I res pBu t wharf mzAdta,or id)Any Wilu re by Cush a rii e r l:u perf trr r y or cc rr pl y wit)1 an y r mi iv-r,ai provision of this Agreement. 7. Perfcrman . Company shall perjo r m the Ser di s.,n acoordeno�-w lth ir>dustRe standards generally applicable n the state iz�r v rcivir;ce where the Services are par fo�mud u nd-9 r skrri Ie r-circa.mste aces when Corm pang perictuns M-c Ser�wick s-Co m pany may refuaQ to rfcrrn WlLero►orki ng condl bibn s could er&;i nwr Qrup-e f w-y or pact people al risk. L)nl s vt h.efvii ar�r1 :��C r i�tc�rr er and Corr art y at Custrirnw'�expense and i�fofe l h-9 Services begin,Cu�tamr-r it provide�n y access platforms,catwalks to-safely perform the-Services'r:com plian+.,e with SH P+, state,c r prove mist in dL 5rriat safe eg u l-ations or a rry other applicable indus7ial safety stand-a rd s or guidelinas.This Agrzn o monk pr uppescs that all rr alcr pig of Covered Fiq ui pm tint are it prepor ope i o d.i rig can d rtion as of Ific cute mf f_ L-rvices furnish s re promised on th�Ccv�i r ed E gquc pm-e nl h4rnq i 9 a rr+.a in tainabl a Condition. In no even I�hg 1I c�m pany Nve any obligab ran to re p laic*i Coy.e r pi Equipment that is no longer m-a inta finable U odrig tin e 9 rst:50 days of this A ree"rit o r upon inhfa I inspecl i or,and l or r:porgy season e i sts rt-u p(if n o1 id ed in tie Services), d an i ne don by Company of Cavr red Equipment i n d ic-a£os repairs or replacement i s raq u red Company will provide a wrinen qu otad on for such reparrs or repl morn ert, If Customer dues n of authorize su ch rr� ire or re iea cur r 7 e1-tF Cori rpar ter may r err_bv [lie b le-eq u ipment from the Cc vefc-d F-quipmeril ar id ad just t hQ servi p accordingly, Customer authorizes Com wi lt�Kati.inn 1*!5#0mr,r r s tell°p h L-E! tine. or n e unrlc i ri frastructure to crinnsc',t to c Dn l rals 5ysterns er,d1F)r e q u ipm e-ni prcMded or serviced by Comps ny and to prov ide Servi c sQ10JI tr*3eteti fur ur tit*er.J,se re-q nested by C u stom a r.iaelu e,ng r em eta d iagnost c and fermi r se rice.Customer ackirwol a dges that Compe n� rs tact response bL for�i fir ar.vorso I m h-,t to C:,rslam er's wurnmu n r�alkur1 s an d netviork in rzi-!Ar-rat u 10_C cart,p4n y rr;ay V ect to I iisW 11:u wo) to Ccaaloner eq iA ipment cx prG fide pnrahl-H cipyir.e5(hnr6vjatn ands car r4lrware)for ext�cut lun of rentrn I crr rlia nestir:p ro rlkj r L-5_ S vc h deviri"- she-iII rer±,si n th P 1,�-,Sgn al pr prietar$property of Com pa ny a rid ire n o event shah become a f ixture cf Customer locations Cu-.0ome!r she Ii vol acr;4l ire any interest.title or equity in any hardware, s afrtwariW_procuscs,and oth c r ink-Acchi-al ct proprietary rights to dovicus usod in co rn ectian ft S ervir*:�on Cris torncr equip:nogCompany may removo such dowices at it S discretion.Pa rt!�;cued ter;Avy rye pairs rrm4da w dI�ju[hose!salucApad by Company as sui la fl;F for t tint repai r arrd may hq part, Flat Mar3Ei fa-,-A ured try C a npany. 8. Customer Obligations. Customer shalt: i,a)Provide Company-Aeasanable and saga access to the e-jered Equipment and%ro as where Ccimpariy z to work-�s i FBI Icw ms a u fact u rer irecommendations con veiny fir•.r.t9afdrmyrt and h ltar na 1 iris pQcll ors, ai a jur oveshau 1. rLastuT el ors or t,�i furb ighr r rg of the CcverQd F-quipme n i u r)less ex>p res;3ly stated in the Scope of-S enrr-ces sta ter merit,Company is not petForrni ng any manufacturer re.cc:mme:rded ;eard<mn and im err al lnspr dian.rna�o r i verha ors, restore lion or rgfu rhish ing of he Cowercd Lquipment;and t c)w�P� m app4 a b Ia.unle�s waver trealmari t is-ex pr`essly inciud e d i n the Services_pr av ids profession a cl ing tower�n�al er lr ti rtent art 5muril�nr,P-f:i-,h arty ma-%arcs hip r1 m me ndafinns providerl.by Cr3rrrr:a ny- J, Ex c lu si ons. Unless-e xpr>essl y in d udW 1r%the Gorr�.-fed Egrui pment or t he Seri;i res.the Sere i ces do n of include.and Ccrnparvy shal t rot be respon si t fie fur r I ea ble to the CusWmer For any clam&losses,damaga!!-or-O xper}-es suffered by the Custamer In any way cc-nnecled Vr.1ith_r-c la Liao to or arisIng frcr r..any of the fat:L-A-v inq:�a M Any guars ntee of rcom cr rid ikiion5 or sygem perfcrma ace; {b k rn!$pe hp n -nai ritena ncia, rr-pa ir,rpVFrement of or services fo-- nhill aerl eater and rnnrJRn5er wale r pu mps sad pipi rig:electrical-d i5c onri ect 5wi Whes or circu it breakers:rnetor sto rti ng eq uiptr_t.- t that i,5 nut factory moulted a rid i ntercornect ng power-•%,I6rr-;{ecurding or ports his instrunnunts.g aug or therm i:,,mctors,n ore-rnev'n g porn or non-mairtta inablo pa ms of the syawn,inci u ding bu*not li m ited zlo-st-orage tanks; pi assure vos.e Is S h ch!€Is, coils,Whos, housIngs,cal tJ nq:s :5aug.%,d ra in pi�r1S,parse Is,d u-ni work, p ipi n q,hydraul11c, hlydr�in-c pneumal�, pa s or re feigera rt t, ins u'a tion: pi tic cove ring refractor marteraal:fuses,unit ca binets:eleWcak wirer :du mork c r coed grit:a Iectric:a I-d%tribution 5y stern:hydra is sl ru Glure I skrppors a rid s i m ilia r item s:tie aE pp as ranee od decorative Iasi ng or ca bi n etc:dz rnage su stained by otrier oC u ipr,)ert or sys t 3ms,andior any fait u re.rx-risad jusmienir or design d ionc e�ern 0"her N u ipm ent or gyslumr,;(c)Do rrr age,repairi or reoNcerr'_L-r:l of ports rn 61LI e r ry as a runt It of eleclri all pra'we r I ii ilurk?,loild voltage buri k t:!d 0 ui n 1.i i- ar branch tow via ter pr 5uret yandalil5m.misme-or abuse,vies r and tear,end of life fa€lur3.,Water da"ge irnpff�f�-,r cpe ra t.crn, U rrauthor'rzed at#e radian of equipment ;r omi ions of �SWMer OF o0ers,damage-d-ue 10 ireeziN '%,vea'Lh�r ll—L . m aikcious alit or any Event of Foree N?lojeure: (,d-i Arpy damage or �. 2025 Trine Technolcmjies All rights reserves:.Confidential and proprietary information of Trane US.Inc. P rage 13 of 18 Page 50 of 603 Agenda Item #6. V T OMMU lity Centel—-New SA 2022-Meeh and Bad TRANE' 7_1 _ 1 5 malfunction res tilting froarn vibrai on,ateo!Fu-y sa•w anion Free Zing.oorl i,3mi na11on,Cerro sic n,eresicn.or neu s ed by sralc or 5I udge or,inters al Iuciee.except xv,nere-ooater -re twc t rotr r�l s ervl s ar p�rovidod by Cavnpany as parr c f ihE� Agr o om n-n t: (a�Fumishi rig arty ii tc rn�of ogruilpnio nl � atorlail,or 3 a Uc T,`Ia0our, <f Po rbrai n ng pfh(;ial tesi_%recommandlW nr r-aq u imd by i n%LjrH rrr:P.c o n pni ae or lederal,utal:p,or -)v ernmenr%; FA iL,ri-o r-rtad aq F,.jt:V cJ Any slrjc:to rv.nr I:)u ndzl l.€x stipi5nrle n� cr asorrour i di ng Une equi pmerrl to be w Lxkeo on or a rpy poEdon th erk:*f�g)B u ildi rrg access or a lteroiaons t hDt rni g h�one necessary ro repair or replace Custcmer's ex isl ir g cqui prric rr!_�h)The normal funcuon of s tail..n-g aad stopping oqui p rocni or tl a olomi ling aM olosi i ig of daw pe rc 4,%r requ lator:5 r-&-ri iial ly installed to protect aquiprnc nl aga in 51 eke M Rqu;(i)Va Eves I hie;F+m rim t fx rtnry. rrtou n lid:bal m rice.slop.m ri t rnl.nr'A o1 hi-r wilivi%-iixtnmal 1n t he,d iav1TA-_'it i lv-%s �p..'AcO cally irir_:u J mid i r ti &e Agreern a nt;U k An y re,9 panSibil t/for den ig n o r redes rgn of,tie 5y5tern or Fhe Covered F Q u iprner 1.c;r5ole5COV CO- 5afM'MSVS.of re mO',`a I r-ein:slaI Litio 7 of v aJ-je ho d ics arrd darnp m:(k)Any services.,claims,cf darn ages a r isi ng out of C astorr i es faf jure to corn ply v kh its o bIiiga:-ens u no er Viis Agreoment I I F L7q Ilium of C Ll.Momof to#ol I ova r nwil fActu riaf rocs mme ndali�nG=r,t k�r n Inn toardown an d 101C�rrral 1nSPQC l!On.cVa rhiau1 i;i nd recur bis{r 1 i tq of 8 qujprar ril.r al)All iy c arj lar,���, ros:�os. +�r�x;jenSQ':, x15:rg fro m Or{elated 10 Wnd iticr,5 that ex isled i n. p r.c r u p nr'he preens ses before the effer.tive dale of th is Agreemera t �"f�f��i,%ii ng Cond ns") inc.It.r in g.err i#bout I i mi.atic rr,dam-age-s.losses,or ox en i Inv lv r-g pre-exi!td rig tau i1dir.g envelo pc issues.me&an ica=��sues.p Iumbi ng iS U a s.andi u r i r C 0or air g Dual i ty hst;es i nvolvi r-G r'nol&rnaul d ud nor fU rtoi;(n)Ropla meat e(ref ri g i�f i;li it i s exc ra d F-,d,it d oss repl eloe rYlie Ert of fGfr Igi3rool i s 9X:PreSa y Sta lid 1;S;r-ulOd-W .I,Ithin the efbe l C�SF 11) 691 rig Ch C*1�� rah:uca merit shs Il i n no eve n1 E%x�th a,,to lad percen tags cl rai Fd r?m c.-iarS r-par yaai r a x pr��-sly state d tF-the Se.ry izes i a) crane or 6q9 ing c:cAst-;:(p)Any �-rvlrA-te, olialms,or darna g es o M-5i n g out of ref-19ef u P1 not s�j c zi1 led by Cempar,r. C cstorr e r s not I t-e responsible for,�i)Th a cost off any addil°o n all reel acemer*t refrig erar); f i, 0 pin radon of are y er.u ipme nt.ana(iil)Any d a ims.damn gcs.I ens n!�.or o;rpen si±s, ansi ng from or fe a t e�J to ovorx,co rre b'j or se rvi cos-;) F�i d od by i navidual s or on titles t are not am pi oyred by or hlr Li�d by C-binpanyr. 10, Limited Wartvirilty. Company,,arriarwt-s#hilt-(a 1'he.M,-dG-0e 1 Manufa r,&%UFed by Gompan y gnd provided,<) L.scorn er In rforrr a rice of the Services is free Frcl­i do foc M in material and:rnanu lr aclure for a pef od of 12 mcnths frail Ih a earlier of the Cate or equ'pme n t S.—art-up or repla eniern t.an Q(h N 1he bbo-f.,'lo u r pectic f;of aiotrenn l Serwi(:es 8nd Addilicr-21 'ftrx teas dQwn pr�'p�:!_1y pcf urir.gd for a purled or 9D&l ys frari1 di�i8 ref ;ll,o'Lir-ndlurk Warrant ''): irrifairly Qblivati«rU� of eq►jipment 51 ert-up,if any arp,;;tiat Pd in EN-Propaswill.gr z c:ot rrni nnxj vv th tY a I.Jmih5d Wa rra city per A4 0efPr,1,5 Tri{icl hx-,re pnr ied in CPMpFPfly within the I i-,i r Pd '0.1arrant pert od-C�ampanft-Wigation ur,de r the Limited bra rra nth is I im ited to repel ring or rY pl aci rag the def dive part at i is npl;orL acid to rrec ri rich grey lobnrf labrdu r improperly pnrformod by Mpor _ No Ilank 1i ty villiampoevcr shall att ac:h m CarnpanV until the Mainlonanco n rild A dd itlnrrol Vor;t I•a vc been Paid kc-�0 11A. r=x clus innn frcrn the Wa rra My i nclude nlairne.Iao.5seL& de rrrFLc en a nd a xpen in any war r_a rr-,Fid-Fi i V)Ith,d ial nr:to or arinirxr�from -ail r;Ffi-)r rrral f U nctinn n r,-c14 i.p m P.n! due to the following;wear and;ear,end of lit fa 0 is re;corrosic n d e keriora it i on:Custorner's fa i lure to to:love to k0orn pany-pmviided rnai n to rra rjo�plan: Lrnaukhodzed or imprope r m ainte nancs;unauftrrzcd or improper porgy ar matori All,ref rig C~Mr7 r not S q1 p p'ied by Cam pa rwV,wd i r oc ifp tior�-.made by oft rs to 4�qui prn c nt_ Car--Fpan, .hail not be a bligat ad to PaV for th a r091 01 Iasi refnq,�can t or llcml product_ Sorne componon is c f equiarn ent rnanulactkir ea;'by O orri p4 ny may be warran,Hd d iracll� fi-ci r n t� n c n ent srjppl erL i n which Case this Limited Warrant}5ha ll not apply to tho n o rn por�er,f5 and a ny� --ra my of such ro r ripenp.n#5 s ha;; be Me Tarrant g:L'erti bar such Corn po ne nt Supplier-Nolvflh standing the�oregoi n g,all yr arrartie s p rovided herein to rM iniDte upon termiro k-n or canoe!Iatie n of t!,is Ag reemen k_ Equipment.material ar�dpl or p am fhol a re not ma r,u fa ctur ed by Gairna wy t'Th lid-Pa rty Pr4,,d i cls(S y')ar o not►y aera n tad L y c;ornpar pv a i!d hi ry G suc1r warr&nNes as r-ia y be exle nded by lne rasper,tue rnanufaoturer. CUSTOMER UNUERSTANIDS THAT U OMPAr4Y 15 NOT THE MANUFACTURER OF ANY THiRD- PARTY PRODUCT(S)AND ANY WARRANTIES,CLAIMS.STATEME NTS IREPRESE NTATIONS,OR SPECIFICATIONS ARE THOSE OF THE T##1 RD-PARTY VIAND FACTU REFS,NOT COM PANY AND CUSTOMER IS NOT RFILYINO ON ANY WARRANTIES,CLAIMS.STATEMENTS,REPRESENTATIONS.OR SPECIFICATIONS REGARDING THE THIRD- PARTY PRODUIJCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES.WHETHER ORAL OR WRITTEN.THE REMEDIES SET FORTH IN THIS LIMFTED WARRANW ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER VNDER THIS AGREEMENT AND ARE 1N LIEU OF ALL OTHER WARRANTIES AND LIABILITIES. LIABILITIES. CONDITIONS AND REMEDIES.WHETHER IN CONTRACT_ WARRANTY,STATUTE OR TORT(INCLUDING NEGLIGENCE), EMPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND.OR OTHERS AR ISIN6 FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARPANTIES,ENDORSeMENTS O R CON DITIONS OF AW KIND.E PR E S OR IMPLIED,INC LUD114 ANY IJw PLIED WARRANTIES ANTIES OF QUALrTY,FITNESS,N1ERO4AN TAB IL ITY,D UKABI iLITY ANDTOR OTH EIRS AR S I NO FIR OM COUR SE OF DEAL IN OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES,OR ANY COMPONENT THEREOF NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILF Y OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING. ELdM1NAT1NG, REDUCING OR INHIBITING ANY MOLDT FUNGUS_BACTERIA,VIRUS..MICROBIAL GROWTH.OR ANY OTHER CONTAMINANTS{INCLUDING COD0-19 OR ANY SIMILAR VIRUS)(OOLLE T1VF_L ,"CONTAMINANTS-',WHETHER IiVVOLVING OR I N CC NNECTJOi4 WITH EQIJIPMEKT,AN Y COMPONENT THEREOF-SERVICES OR OTHERWISE.1N NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION,REDUCTION OR INHIBITION OF THE GROYV7H OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR iN CONNECTION WITH ANY EQUIPMENT. THIRD-PARTY PRODUCT. OR ANY COMPONENT THEREOF,SERVICES OR OTHERVVISE AND CU STIDMER HEREBY SPECIFICALLY AC NOW LDOES ACID AGREES THERETO. 11. Indnm n ity. To d lily max imuai exLer;I uerMittcd by la%v.C tH r[Pa i 1Y a nd u�itaw er st ki IncIL-w'r r i i I and bc;Id h a rr F dlgss each;011.e r ri r iri ainy ar id al l dairy_,act icx is. cost s ex pe.nz es, da mwge5 and ii a IA i tii�,i nislu d ing ri�-�i-.sor l5ble attorneys'fees,resi,iti rig from death or WKy in"or darnage to rea l or pm r!rsn al property �o 1h f�axle nt ca usea by the napkgence o r m i} vrtid acf of the lnftrn n ifyi ng party.arid;cr i:s respects-ve emp.oyees or otber authorized agents i rl ocinnectio. With thei r-aotiVikies aril h i I the ccop a of th is Agreem Lin l_N althnr party sh A II,r do m n ifyr!h-a c ther+ag ai n sl cla-ra s_darnagoc,ex pe rros.tx 11ah i 16R�S 10 the extent=r1bumblo to the acts de or n ids con pr the of her party or third pad rt ies�: I f t h�part ip-s a Fe both al;Fa u It.Me r>bli�at;i7rr 1c ir���r�n ity�#��rl��Qr�pC�r'i�n�E l❑kh�ir rr�la tiv�1a�ai 1. �he d l�t�to inderrinrfy aid h-old 1 harmless will continue in fu II fo rce and effect,rerk,91hstanding to a expiraticri or early terms n of t h is Ag reem.P,n t .%,irr res pest to any 0airns used on facts or ccrdtti or-s $hat-oecu rrarl prior to oxpi ration or terminari c n-of rh is Agra e mFe n: 12. Limitation of Liability. NOTVATHS7ANDING ANYTHING TO THE CONTRARY- NEIT14F-P. PARTY SHALL BE LIABLE FOR SPECIAL. INCIDENTAL, INDIRECT,OR CONSEQUENTiAL LOSSES OR DAMAGES OF AKY KiND(I NGLUDINQ WITHOUT LIM17ATION REFRIGERANT LOSS,P RGDU CT LOSS.LOST REVENUE OR PROFITS,OR LLABILITY TO TH111,D PART EE).OR O0NTAMINANTS LIAS l LiTIES.OR PUNIT1VE DAMAGES VVH ETHE R BASED IN CO TRACT. WARRANTY,STATUTE,TORT{ICI CLUD 1 NG NEOLIC E=NCE),STEM CT LIABILITY-INDEMN rrY OR ANY OTHER LEGAL TH EORY OR FACTS. NOTINITHS TAN alNG ANY OT"ER 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 TH E PERFC R MAN C E OR NON-PERFORMANCE OF THIS AGREEMENT, WH ETHER BASED 1J1 CONTRACT.WARRANTY,STATUTE.TORT(INCLUDING NEGLIGENCE),STRICT LIABILITY.INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. SHALL NOT E CEED THE COM PENSATION RECE IVE D BY COMPANY OVER THE 12 MONTH R ERIOD P RECEDIN G THE DATE OF OCC U RREINCE FOR THE SERVICES AND ADD ITIONAL WORK FOR THE LOCATION VVH EIR E THE LOSS OCCURRED. IN NO EVENT S HALL COMPANY BE LIABLE FOR ANY DAMAGES(WHETHER DIRECT 0R I NOIRECT)R E S U LT I NG FROM MOLD;M CULO.i:tJNGtJS_BACTERIA,MICF,OE3IAL G R OW7 1i.0R OTHER C0NTAJrr+IINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THL MAXIMUM EXTENT ALLOWED BY LAVA.COMPANY SMALL NOT BE LIABLE F:OR ANY OF THE FOLLOWING IN CONNECTION VY TH RROVIDiNG THE ENERGY AND BUILD1 NO P E RFQRMANCE SERVICES,INTERRLI PTIOIV, DEL ETIO N.D EFECT,DELAY IN OPE RATION OR TRANSMESSION.CUSTOMER'S NETVVG RK SECURITY;COMP LITER VIRUS;CO MIr U NICATION FAILURE; THEFT OR DSSTiRU CTION OF DATA;GAPS IN DATA COLLECTED;AND UNAUTHORIZED ACCESS TO C UST OWER' DATA OR COMMUNICATIONS NETWORKF 13. CONTAMINANTS LIABILITY. The tray. mi si n of OICiafIU-19 mn3 .,r r a b�ariety of w iy;end ciroums1ence-n marry o%f the a-,pect55 of ti'-1--.a are Curren-.ly n-r1 known. HVAC sy sterns,products, a nd r~tnor o=-er r.C s h i3v a not b of n tesked f.o r th.�!i r effa-.ivy..n O S it mduci n g tile-Spread of C GN/1 D-19 n v I udi rag tlir--e u-I'I tr air in obi vad eewlydorrier')ts_ IN NO EVE NT WILL COMPANY SE LIABLE UNO ER TINS AGREEMENT OR OTHER ISF-FOR ANY INDEMNIFICATION,AC T ION OR CLAIitill, WHETHER BASED CN WARRANTY. CONTRACT, TORS' OR OTHERWISE. FDR ANY BODILY INJURY (INCLUDING DEATH) DAMAGE TC PROPERTY, OR ANY OTHER LIABILITIES. DAMAGES OR COSTS RELATED TO CONTAMINANTS (JNC LUCIN TIDE SPREAD, TRANSMISSION OR CONTAMINA71ON THEREOF)(COL[.ECTIVELY."CONTAMINANTS LIABILITIES")AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABII.MES. 14_ A.sbnstas and H aardcu r.Materials. Tho a rvjrA_­ Qx p a sly exdLide arly id;nip#icg1-an,g batement,cleaanup ccntrcl.d+Spasal,rc mava I c r of her work canneded F ri;h a�bess os poilychlo ri hated bi;ne%I�'PCS'):or other hazaf�otio m�:e r IoIS�Coll i ecdvely."H azarc ou� atorlats') C U!5tofP er WarTA nts end present; that tl-ere are n H azaraous Mate na1s on the pri fn isos tlr at wi II in ali y way a ffe t C c n 1-paii yr's per[2?fm2nca,exce t as sat for til tr7 a-iariu ng by orrwpafpy ng 11%.n�x v.-:LF 025 Trans Teuhnciiugie All 11g I is reserved. anfi d en>ial afld pFDPFEeta informatior1 of Trine U-S.Inc. Pale 1 fi18 Page 51 of 603 Agenda Item #6. VOT Community Center-New SA 2022-Mech and BAS 14 TRANE 4ih W�%Uwk% \1-•-�__ ti I�Wm.. anu I cca do n of any Hazardou s Ma t e ri a Is iR a I I areas arirh in whi ch Corn pan y wil I be performing, Should Company become aria re of cr suspect the p re Bence of zardo+,s K-N terla is,Cora pa ny rrl a y Wo madiately slop work I n the affocted a f0a and notIfy Customer. Cu szo fn a r will be raspon sibla for w frntling Uri,&conditicn in am.orcfaric:e mrith a II i�pplica bte 4aw s and raq ulatkwm. Cu.-Anm a r.ha 11 be P.xcl rrsiuo Iy raspawAi hit-for sari d shall indnmnif f a rtd hc4d harrnie ys Co rrbim n y(imclud irig ii s m ployees,agents an d subcontrac-tors)fro rn a n d agai rest a ray loss.clai m,liability,fees.pa nalti es,in jury(i n CI tiding death)or Ii a bi I i ty of a ny natu re.,a rid the pa yme rat 'hercof.arising out of cr rala ling to a ray Ho er do u s N1 atef ia1s cm or about the pram ise-s,not b rough t on to the prorn ises by Compairi y_ Company shal I be required to rt­iume perf armanc e r)nly i n the a hksienne of H rdot�s Ma tnf ials ar when th a affec tud area-h a s been rende red harrrrless.I n no rtevgnt shal l Cum pa rsy to Dbligated to trs nspoll or handle Ha za rdous Materials,p rovide a ny notices to a ny govern maente I aq a ncy.or exe m ine the pre ises site for the presence of H azardous M eterial:s_ 15, Irnsu raid. Co rnpany agrees to m alntain the following insurance during the xern'i of this Agr me ri#with limits not�ess than shown below and+00.upan reqiiest from C as t cirr cr,provide a CertfFco to of ovidnnci rig fo feltowi ng covefago; cm m er651 General Liability ,000,000 per ";recce Autcmobi Ie LablUty $2.000.000 CS L Workers Ownpensalien katutor/Linnite If u!storner hire req u o,-s#ed to to named as an a$d ittcnal in eared u rrder coat pe ny's insurance pO9i .CIDIThpany witl do so but only subject io Company's man r" d_t�o nal Insured endorsement under its primary Cori merci al C anerat L,iabillity palWes. In no event does Cam pany or its I nw v�talye rights of s ubrogut icn. 16. Forte Mal re. CornpanVs duty to perform uir der th Is Agreem ant is con Ii ngent rspon the ncn curranaa of an Evert of Farce M iaJeure. If Company is unable to carry cul any materiel ob11gaf@on under this Aoroarnant doe in an Event cf Force Mnjevaa, this Agreement shall al c)n-vpanyrs ale coon (i.} remain Gn effect Dui 17,cmpe n/:!�cbtigetions sha II be 9 uspended until the ur wntrollablR event lei mates oq(i i)be terminated upDn 10 daYs'node to Customer,in which even t Qstorner ship Il pay Comp2iny for all pa its of the Sofvices f ufnishad to the data of torminaticn_ An"Event of Rxce Majo u rc"sha Il m E�a n any cause or evtxnt boyand the cz rnlrol of Company- Without 11mi ling the fora-yning,"Event of Fore Ula�eum"includes:aLAs of God;acts of trarrur ism, war or the Pubhu enemy;([cad,Bart hq u ak a' Ilg hIni n; tornado;storm:fire:civil di sobedienoe,perrdem ic,insur ivOurt%riots;I abodlabour dis u%s;laba6labour or material!sMrtages fmm the i,G:5uaal 15ourc- of supply; sahMage; restraint by court order or public authority(whether valid of i anal id).arld anion or non-action by or inability#o obtain or keep its force the n eC3� ary gQva mrnenta I euthori fioriis.permits,llc ses,certificate's or approvals if nat caused by Company;and t h regLflrarnants of any applicablc2i,gcve nnmcnl in any r;canner thec diyw is WhLil r I het material or the finiO4,-d product tip the direct or indirrr ck hen►ef it of the gore mme M_ 17_ Mai ntanance Se r vices Sher Than Solely wed uled Service. If Company's Main tenanm Services hereunder are riot dim iced solely to Scheduled Serq ice.th e Vlorrrin g pro-rlsi on s shall also apply-(a)RAquieed restoratic n shall be perforrnsd by Customer at its cost prior to CompAny being obligated to perform harerun d er;tb) any ch angel, aid juslmente,service or repairs made to 1h a Equiprn ent sr}y party other t Iran Company,u n lees appr c ved by Company-in-ari k ng.m ay,at Campan�,s bo ri,ter mutate Company's obligation to render furtherservIce to the Equipment ec affected;in Such vase na reAjrrd of any portion of the Service Fees shall be mad e- and(a)C ustorner shalt(i)pfornply notify Company of arty unusual performance of Equi pmnnt:(i i)permit o my Corn pang Pe rsanne I to repair or adiust Cgui prr-ant and.-of cDn troll durir o the To"OF a Rw LAvaj Term;and(i ii)Utilize qualified persor anal to properly operate the Equipment in accordance with the applicable apar-a Ling m 8muats e nd rercomi-nerwded procedures 1 B. General. Except as p royi ded below;;.to the maxim;urn extent Prov ided by law.this Agreement is made a nd shall be interpreted and enfor -d,n a xo rid ante vj'lth vlc Lams of the Mate or prow i oco i in which Company parbmn s this rrvicLts_ Ark dispo to ahslN under or reiatin to ibis Agreement shall he de6dt�.ci by Iitigatiori ir}it co r l af c rnpeteM u dsdit:lic n lorated irl tihe stale or prcrvinc�e in w hich t he Services a re performed_ To she extent the prom lse5 a re Dvined andilor operated by a r1y;!�g ency of the Un ited States Fed em i Go verrxrnent,deter Tin ation of a ny sub stantive issu a of law shal 1 be o ocording to the Uo Ud States Fed era I Co m rma n law of Government carrtracls as enunciated a rid appl iod by United States Fedora l iudida l bodies and boards cf cont.racl appeals of the Unitod Slatos F oderal der,:cent.T h Is Agrce rri a ni r,orrbaan.%all of the afire srnen%� represcnlation s and undsr�tandi N!5 of the podia",and sUper,%Pdes all previous un d ersl"ing*,oOr MI'krr P"155%Ur i�I!YMRMF�nt5,cr;al or written.related to he,services. I f a ny term or mod ition of this Agreement is invalid.Mega;c r i n ca puto a of be ins enfo rced by any rut a of I aw.all at her Te r ms or t h 1-5 Agro nmont will r averth class remain in ful l force and e#fev as long as tho aooramlc n r legal s ubs an cR o f the transaction n tarn plate d h eroby is not affec W-d JA a ma nner adverse to any pa r +harioto_Customer may nol assign,transf er,or convey tide Agr esment.or any pa rt h7 ereo f,++wit hav t the grit#err cone ent of C o M pant' 3 o bject to the foreUcing.Ns Agreement shall b ind and inure to the benefit of the pa rties hereo and their per mHled successors and assigns. Th is Agreement may be exocutoJ In s eve rat cou rtterpar ts, each of which when execuled shrail be deemed to to a n Oginal,but all togeth er s trail auristitute but one and the sam a Agreement_ A fol Iy gxe caitoa fairs Irni In copy hereof or the renal counterparts shall suffice as an final_CugtcrnL�-r May rat as2lgn,tra nsfer or cmvey thls Agrearnent,or any pa Pi h creof..or its right,title or interest herein.without the w-FitW n w n se nt of C ornpany.Z u bject to the fore got ng,tWs Ag r marlt sh al i be binding upon o rid i nore to the beneh t of the pa rties'respective sucmsors and ass Igns N-u fai Iu re o r delay by Ve Compa ny i n enforci n g any fight cr exercising a ny remedy under th is Agreement steal I be deemed to be a w a We r by the Company of any tight or terne dy. 19. Equal EmploymW OppartunitylAitirrnative Act ion C Iause. Company-1,a lederal caa-7tract err i hgt=mpl ies Jul lye tedith RxerotWe Order 11246,as erne rid ed,an d th a a ppl Ica Ve regulations corita ined In 41 C.F.R_pa its 60-1 through 60-60.29 U_S_C_Section 793 a Rd the applicable fegulations conta fined i n 41 C.F_R_Part.60-741;i3rw 38 U.S. ,Section 4212 and thre applicable regu lati cns contairied in 41 C F.i _Fart -250 Exero tine Order 1.3496 and Seclion 29 C F R 471.appendix A to sobpa rt A, regard in g the notica of employee rights in the United Mates and with Can-ad ian C larger of Fbg hts and Freed erns Schedule 6 to the Ca nada Act 1982�U,f.)1 9a2,c.11 �i rid�3 p pica We ProvincLELI H umarr Rigbts Lades a nd ernploym eri 1 fakv in Carl-Oda. 0. U,S. rernment S ofYleas.Tho fol local ng provision ap pl les only to directsallas by C om parry to the US G vammo nt The Partk s ac*ncwledge that all i to ri m of services 0rde rail aaid d el ivarod u ndii r Ifi is Agrao,rl an i are Corrime rcial Items as defined u ride r Fart 12 of th o Fodara I Acqu lsi 1Dn RQbgr,I @tigx1(PAR).I rw portiQ ller,Cumpa ny agrees to be bound only by those Federal contra.-rtiog clsuses thW cipppty io%cr-rnmrerciel'suppliem and t hat are nla iced in FAR 2. 1 - �e A 1), c rn pant'corn pl i e5*Lh 52.219.E ur 52.219-g in its service and in sta 11 a#ion oontmotl ng busi ness. Tho fol lowing provision applies on ly to ind I re ct sal es by C=pa ny to the US Gavorn ment1 As a Commerclal 1 tern Surboontracl,af,Cc mp any accepts only It fallovring rnandatory gmv down pr oLaslons; 52.21 g-8_52. -26: ,5 ,222 5,.52122-3�E,52.2 2-39,52.247-0 _If the Services arm in rannedion wrth a U S. -overri m ent r Dniracf,GuMnmer certifies that It has pravided a nd�-ri I provide current,accurate.and complete information.representations and cerfflo,tions io all government officiais,includIN but;not Itmded to the-contracting DIficer and officia is of the Sma I i B usli tress Admi nistm tion_on all matters reia tad tc thg p r rr a ntra a,Cnciuding but no t lira 1 ted to all aspen of its ownership,e1igi billty.and peffotma nc . An y1hing h6rein no lei thsta r ding,Corn pinny wi 11 havo r io oblc90 fin r%io C u stomer un loss end u mil CustoW er provides Caryl pang wi#l"r a Irua,correct a no-Corn plate executed copy of the pri rn a cntra;k. U pw req u4w,Cu stomper ivii I provide cop ies to Company of all r eque sted written comic uni cahun!5 with any govern ment c#fici a related to the prime contract prior to or ooncu rre rat with the a ecutio n hereof.r nciuding but not lirnited to any ciommurnoabccns related to Customer's ownership. eii gib ility or parlor m ar ica of the prime contract_C ustorno r wil l obta 1 n%rift to n authorization a nd ap proxda1 Pram Compi my pr-,nr to prnvl d Ins ony governme n t official an y "rritcrrnation about Cornpan�(s pe<xmance of the Services that awe the subject of the Propasa=or ihri5 Agreement.other than the Proposal or this Agteement, 21. Urnited Waiver of Soverelg n Immunity. If C ustomr is a n Indi an#n be(i a the U. .)or a First Action cr Band Cou ncil(in Canada),Customer,whethef actin in its ca pacity es a govarnrngnt. g overn mental antlty,a d u 1y orga n12 ed aarpa.rat-emi antlity or othenrrtse_ for itself a for its agents,successars, and assigns! (1) hafaby pmviden this I irniled waiver nr iN en vereign imrnu n ity e-,to any d arnageE.claims,Invd-;u it,Dr cease of a-i:tinn(harein"Aclio n")bmugh t a gat nM Cunto mer by Company and arising or ai IegM to arise out of the fumes fins by Cain p,any of any prod Pict er servi render this Agreement whether such Awn is bred in contract,tort L,5trici l is bit ity.,civil Ilabi Iity or any other legal theory,(2)agree s thn x jurlsdfct ion n rid venue for any such Action sba 11 be proper and va1d(a)If Customer is ire the U,S,.in iany s W le or United Mates court toicated l n t hie st axe i n wh ich Cornpa icy is pe drat ing this Agr m.<-nt or(b)i f Cus-I order is in Can ada i n the supeftr cDurt el the provinne or -Le rr tort'in which 4he�vor# was pi armed:(3)exprerssly consents to such Action.and ryavies any objec W to jurisdichun or venue, (4)waives any requirement of exhaustion of Tribe sou rt or adrwfifilslra, ye reined rm for a r y Action a hying out of c r related to lhis Agreement.. and(5)exprassly acknowledges and agrees that Company is not subject to tha lu risdit ion of Curstam er's tribal art or any s m i lar tribal foru m,th a I.Cumomer wi 11 no[bri rig-Any action against Campany in tribal co u n. and thal Cu,,-,tomer wil l not avail itself of any ruling or direction of the tdt)al court permitting or directing Rt to su sper�d its payrnent or nth�rer obligati �i rider finis Agrq�?emeni T h e irsd ividua€l skg n irk oil behalf of Custcrrer warrants and represents that such individual is duly autho rtzed to prov ide ttiis waiver anti enter into t h is Agreement and thal th i s AproomoM 00 rrstibAus the valld and legally bindi ng obli gation of Customer.enforeoahle it n accord anon with ics to runs, 1-26.1 -7(08211 Sys p�rs es 1- 5.1 -7(07 ) ,:cD 2025 Trove Technologies All rights reserved,Confidential and proprietary inform bon of Trans U.S.Irc. Page 15 of 18 Page 52 of 603 Agenda Item #6. 1fOT Community tenter-New SA 2022-Mech and BAS E "Q,c-a I I D: 7053065 0TRANE ' APPENDIX SERVICE BEST PRACTICES Trap a is completely ded icated to rr saki ng build ings In ette r.The ongoi ng pu i-sult of better buildings, using our Ion g-te rm do main expertise to push new technologies into eve i-yday use, keeps us at the forefront of the industry. In addition to the services det-ails in the ag reeme rnt above, vve take practical steps every day to ensure our approach is safe ands efficient. e SAFETY Since 2003,U.S.Bureau of Labor tatisrius records have consistently shown the Total Recordable ordable Incident Rate(TRtR)and Cars Away From Work (DA F f)for Trane have been sign iti antly lower than those for HVAC repair a end maintenance contractors and specialty trade contractors(construction)_ Tire company's safety culture[n America is unparalleled in the wilding service industry,with proven results in the continuous reduction of injury rates.Trine incident rates(OSHA)are consistently 50 to 70 perf-_t:nt below the Industry average. A wide range of safety train ing a nd resources are availa ble to Tra ne technicians,including: • Safety training- 0 hours per year • E Ieotrioal safety- JF P 0E cc rnpli a nt, electrical PPE Fall protection • L • E rgonam ios L Emi#h System Safe Df I- IvingProgramUSDOT compliance Refrigerant management train!ng .tr ENVIRONMENTAL PRACTICES Trane policies and procedures are cornpliant with all federal and state regulations- Refrigerant(arid substitutes)handling,storage and leak repair processes a re compliant with Envi ron manta I Prote ction Agen cy regu I ati n 40 GFR Dart 82.Service technicians are Universal- certified and use only certified recovery equipmeni Refrigerant Management Software(R M S)captures, man ages and reports all refrigerant activity at}our site.Annrually,Tra n e rvvil1 send you a report documenting all refrigerant activity that:vie performed for each piece of equipment during the past 12 months Trane adheres to all environmental.regulations when removing used oil from refrigeration, units-Vie have a nat.onai=rtract with qualified suppl1er to recyol o on d ispose f used oil a p r priately_ N I TENCY Nationwide,Trane teohn i of arcs follow dooUmented.forma I process cs that a nSLIre u niform service delivery,As an OEM,Trane h@s developed exclusive service procedures which provide the mosi reliable outcomes- and e tendea equipment Iongevity,at the most cost-effective price- Exclusive servio wo*flow pr e e} provide det lied steps and information encom pa smg parts,rna t rial ,tools and sequence of execution • Add itior l steps addressing Safety r quality conlro�,work validatI a rid�i���rrcrlmental compliane Technicians rust consisle n tly reference documente d proce sses to ensure no crab all steps are S k i piled or omitted • Applicable sefvice processes meet or exceed A H E 180- 00B kandard r�� iic for I npectGor�anct �riter7an:e o Commercial Building HVAC Systernks :. 20 2 5 Trine Techn ol og i esAll rights reserved.Confidential and proprietary information of Trane U.S.Inc Page 16 ol 'I Page 53 of 603 Agenda Item #6. VOT Communit enter T New SA 2022-M ech and BA ProQosa[ID. 7053065 R N9 /4 Ma w- � CUSTOMER SERVICE FLOWS The following Customer Service Flows provide additional service description detail for Covered Equipment. late.There may he differences per tips agreement in the work being performed between sites a rid the eqn ip merit c n those sites.Th is section cIa rifles differences in the work be-ling performed between sites and this equipment o rt those sites: 13AS[demote Inspection Descr i ption Alarm Log Review iew Remote DjagnostIcs Review Review System Results Remote Operator Coaching O n site Extended System Analysis and Review Description System controller and Communication Inspection • Tracer SC System Back-Up System Controller SW Service ParkJPatch • Verify Systern Software Configu rat 1on&Prog raim mi rig Customer Review w Meeting • Labor to Fix Issues Found During System SW Config and Programming Review(Tracer SC BAS F 'ne al) Tracer SC System Back-Up Precedent Unit Annual Inspection Des caption Unitary Visual Equipment Inspection • Lock Out Tag Out(Standard) Micro Charnel Coil CleanIng Condensate Drip Pan Treatment Supply Fan Inspection F Condenser Fan Check Bearing Lubrication Electrical Inspection CheckDamper-M Series, BY Seasonal Cooling Start Up t Log Unit Precedent Unit Operational Inspection Description U n ita ry Vis ua[Equipment Inspect!on • Supply Fan Inspection [n l uding L TO Condensate Drip Pan`treatment r Log Unit(Unitary) - 2025 Trans Technologes All rights reser/ed.Confidential and proprietary informabon of Tra ne U.S.Inc. Page 17 of 1 Page 54 of 603 Agenda Item #6. VOT Cornmunity Center-New SA 2022-Meoh and BAD TRANE �I its7 Voyager Unit Arlin uaI Inspect!an Description Unitary Visual Equipment Inspection • Verify Line Voitage Lock Out Tag Out(Standard) Supply Fars Inspection-1P KNOY Supply Fan Variable Frequency Drive Maintenance- IPAKI /PREIAH • Remove Access Pane Is or Open Access Doors Meg Supply Fars With VF0 • Meg Exhaust Fan Without VFD Meg Compressor Motor- l PAIN `S Electrical Inspection • Reinstall Access Panels or Close Access Doors • i ero Channel Coil Cleaning • Condensate Drip Pan Treatment WL Remove took Out Tag Out • Pre-Start heck-VOYIPRE • Start lip Condenser Fan Check (Per Fan) F Cooling heck- O • Manual Log With Electronic Device * Return Unit to Normal Oper2flan Voyager Unit Operational Inspection Description Unitary Visual Equipment Inspection Lock Out Tag Out� tandar i) • Supply Fan Inspection-11PAKNOY Supply Farts Variable 1^re quency D rive,Mai nt na n e- I PAK)V Y,P R EIAH Power Exhaust Fars( ) Inspection- Direct D rive • Remove Access Panes or Open Access Doers r Reinstall Access Panels or Close Access Doors * heck Economizer DamperFVOWP E • Cooling Check-VOY Manual Log With Electronic Device F Return Unit to Normal Operation :^. T n T chn lc i AI I right r r%/od o of do ntiall and proprietary information of Train e U.S.Inc. F'.:�-.. 1 of 18 Page 55 of 603 Agenda Item #6. Trane US Inc. 6965 Vista Part way North #11 ribWE West Palrn Beach, FL 33411 Phone'. ( 61) 8 -15 1 Fax: (5 1)697- 714 .duly 23, 2024 License#CACO23485 Tillage of Tequesta 136 Bridge Road Tequesta, FL 33469 Attention'. Doug Chambers The following letter is being provided to Village of Tequesta as continuation of Trane US Inc, as the OEM Bole Source Prow def of Trane HVA,C.MItsubi S hI VRF. Stutz Data Center Sy steak /Equipment and Tracier 6u i Iditng AutoMatian System/Controls. 0 Trane US Inc_V5 the exclusive representative of the Trane prodLi ut anal ref ware like used III yoLlr fac111ties, 6 Trane U B I nc,is the sole source warranty argent for the Trane,Mitsubishi VR F,Stulz Data Center M echanical Systerns and Trac e r Building Automation Systems in South Florida, a Trane US Inc.solely employs cellified Tracer Building Automation System technicians in South Florida, Trane US Inc. has perforated all raft re programming and engineering an the existing T(a er Buitd-Ing Autornation System in house. a Trade US Inc. is the exclusive parts nutlet for Trane, Mitsubishi VRF, Stulz Data Center Mechanical Systerns and Tracer Building Automation Systems in South Florida. 0 As a factory representative, Trane US Inc. has access to proptielary software used to establish remote communication via modem to hundreds of web-Based Tracer Building Automation Systems located in various facilities. This softweare provides significant and valuable advantages such as troubleshooting and monitoring capabilities as well as database barc Up. 6 Trane US Inc_ Technicians carry or have access to specially designed tools and test equipment required to service Tracer Building Automation and Mechanicai Systems properly, 0 Trane US Inc, provides training on Trane, Mitsu bkshi VRR Stu lz Data Center Mechanical Systems and Tracer Building Automation Systems. • Trane US l i-i c, provided"Start Up"on the Tracer Building Automation Systerns at your facility. 0 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 sote manufacturer of both the Trane Tracer Building Automation and Merhanical Systems equipment. In addition, South RorMda 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 Solid waste Authority. Trane US Inc. is recommending that we become your side source provider for Trane products and services, Please call 'If you need additional informati0111,. Respectfully Submitted, Amar Sukhai Services Account Manager www.trane.com Page 56 of 603 Agenda Item #6. PUBLIC RECORDS. In accordance with Sec. 119.07011 Florida Statutes, 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,. 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, 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County 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. Page 57 of 603 Agenda Item #6. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("'ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images,graphics,text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative UWAI"), available at www.w3.org/TR/WCAG/.," Page 58 of 603 Agenda Item #6. V '111age of T 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org 40-0 STAFF MEMO Date: October 23, 2025 To: Jeremy Allen,Village Manager From: Marjorie G Craig, PE, Director, Utilities Department fe Re: Consider Approval of Baxter&Woodman, Inc. (B&W)Work Authorization for As- Needed General Engineering Services for a Total Not to Exceed $15,000 The Village of Tequesta Utilities Department (UD) recommends approval of a work authorization (WA) with Baxter&Woodman, Inc. (B&W) for as-needed general engineering services, such as meetings, research, utility questions,water engineering and stormwater permit review, and miscellaneous review of technical subjects and expert consulting as needed, for a total not to exceed $15,000. B&W has a master agreement with the Village procured through the Consultant's Competitive Negotiations Act (CCNA), FS287.055, executed on October 10, 2025.The UD has ongoing projects and activities that need general engineering expertise throughout the year.As part of its CCNA continuing services agreement, B&W has contracted with it to perform as-needed general engineering services.The CCNA requires public agencies to select professional service firms based on qualifications. Please see the attached scope of services for more details.The work authorization will be funded by the Water Fund and Stormwater Fund accounts for engineering services. WATER FUND-Account 401-241-531.302-Water Admin Engineering Services Budgeted amount: $143,000 Available amount: $143,000 Amount of this proposal: $ 51000 Total Remaining: $ 138,000 STORMWATER FUND-Account 403-250-531.302-Stormwater Engineering Services Budgeted amount: $30,000 Available amount: $30,000 Amount of this proposal: $10,000 Total Remaining: $20,000 This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Page 59 of 603 SAXTE OODMAN � Work Co nsulting Engineers Authorizat ion October 13, 2025 Mrs. Marjorie Craig, PE Utilities Director Village of Tequesta 345 Tequesta Drive Tequesta, FL, 33469 Subject:As-Needed Engineering Services-Work Authorization#1 Dear Mrs. Craig: Baxter&Woodman, Inc. is pleased to submit the following proposal. This proposal outlines our scope of services and engineering fee. Scope of Services Baxter & Woodman is to provide on-call as-needed professional services required to coordinate and review utilities permits, development review committee submittals, and utilities applications received by the Village. Additionally,the Village may ask for general utilities-related work as needed. All work will be completed in accordance with the General Consulting Services Continuing Contracts- RFQ-PW/Utilities- 03-10-2025/MCexecuted on October 10, 2025. Fee The Engineer's fee for the stated scope of services is based upon the above contract.The billing rates are as agreed in Exhibit B of the contract and will be for actual work time performed plus reimbursement of out-of-pocket expenses including travel and subconsultant fees plus markup, the total of which will not exceed $15,000. It is anticipated that $5,000 will be used for work associated with the drinking water system and $10,000 for the stormwater system. Schedule As this is on-call as-needed professional services, it is anticipated that this work will be completed over the next 90 days.At such a time that the requested work is within$5,000 of the not to exceed limit, Baxter &Woodman will notify the Village. This proposal is valid for 90 days from the date issued. 1601 Forum Place, Suite 400, West Palm Beach, FL 33401 1 (561) 655-6175 1 baxterwoodman.com Page 60 of 603 BA cOODMAN Work Consulting u oriza ion Acceptance If you find this proposal acceptable, please sign and return one copy for our files. If you have any questions or need additional information, please do not hesitate to contact The Project Manager, David Cowan Jr., PE, ENV SP at 561 255 7494 or dcowan@baxterwoodman.com. Sincerely, BAXTER&WOODMAN, INC. CONSULTING ENGINEERS Rebecca Travis PE, ENV SP, LEED AP Executive Vice President direct: 561-425-7715 rtravis@baxterwoodman.com 1601 Forum Place, Suite 400 West Palm Beach, FL 33401 Village of Tequesta Digita y signed by Jeremy Allen Jeremy AlenDate:2025.10.16 16:53:57 ACCEPTED BY: -04 00 TITLE: Village Manager DATE: See digital signature P:\TEQUV\2501581-Oncall Prof Serv\Contract\Worl<\2501581.00_WA1_On-call as-needed professional services.docx Mrs. Marjorie Craig October 13, 2025 Village of Tequesta 2501581.00 1 Page 2 Page 61 of 603 Agenda Item #6. PUBLIC RECORDS. In accordance with Sec. 119.07011 Florida Statutes, 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,. 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, 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County 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. Page 62 of 603 Agenda Item #6. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("'ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images,graphics,text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative UWAI"), available at www.w3.org/TR/WCAG/.," Page 63 of 603 Agenda Item #6. V '111age of T 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org 40-0 STAFF MEMO Date: October 30, 2025 To: Jeremy Allen,Village Manager From: Allyson Felsburg, Deputy Director, Utilities Department a"f Re: Consider Approval of JLA Geosciences, Inc. Proposal for Hydrogeologic Consulting Services for Rehabilitation of Surficial Aquifer Well 26 and Exploratory Test Well at the Water Plant Site for a Total Not to Exceed $22,549 The Village of Tequesta (VOT) Utilities Department(UD) recommends approval of a proposal from JLA Geosciences, Inc., for technical project oversight and field services related to The Village of Tequesta (Village)wellfield rehabilitation of Well 26 and oversight of exploratory drilling and testing of potential proposed well 28 at the Village Water Treatment Plant.,for a total not to exceed $22,549. The UD owns and operates 10 Surficial Aquifer(SA) wells which are rehabilitated on a periodic basis. SA Well 26 was rehabbed in January due to increased iron levels. After rehabilitation it was discovered that the increased iron was a result of air entrainment within the well. Multiple analysis showed increased levels of methane and TOC produced from the well. The recently approved piggyback contract with Florida Design Drilling will be leveraged to provide extensive chlorination and well development to attempt to rectify the issue. Oversight for this work will be provided by JLA to ensure that the proper techniques are applied, and performance is monitored throughout the process. Additionally,the UD is pursuing the construction of an already permitted additional SA well.This well was originally permitted on a VOT owned parcel across the street and railroad tracks from the water treatment plant. In an effort to avoid disruption to residents and reduce the timeline for construction, which would be extended if coordination with FEC would be required,the UD is pursuing relocation to the water plant site. In order to determine the viability of this relocation a test well has to be drilled to ensure the water quality and quantity are sufficient.This test well would be a reduced diameter(2") casing drilled to 120; below land surface (bls). Interval testing would be performed to verify optimal depth of the future potable supply well.JLA Geosciences will assist with oversight of this drilling and testing and will prepare a recommendation for the future design of SA Well 28. Please see the attached scope of services for more details. The work authorization will be funded by the Water Fund account for engineering services. This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Page 64 of 603 Agenda Item #6. WATER FUND-Account 401-411-531.302-Renewal&Replacement Engineering Services Budgeted amount: $120,000 Available amount: $120,000 Amount of this proposal: $ 22,549 Total Remaining: $ 97,451 Page 2 of 2 Page 65 of 603 Agenda Item #6. JLA Geosciences, Inc. HYDROGEOLOGIC CONSULTANTS 1907 Commerce Lane,Suite 104 Jupiter,Florida 33458 (561) 746-0228 October 29,2025 Via Electronic Delivery(email) Allyson Felsburg Deputy Utilities Director The Village of Tequesta 901 N Old Dixie Highway Tequesta, Florida 33469 RE: Proposal for Hydrogeologic Consulting Services for Rehabilitation of the Village's Surficial Aquifer Production Well 26 and Exploratory Test Well at the Water Plant Site Dear Allyson, The following tasks identify a proposed hydrogeologic scope of work with our associated costs to provide technical project oversight and field services related to The Village of Tequesta (Village) wellfield rehabilitation of Well 26 and oversight of exploratory drilling and testing of potential proposed well 28 at the Village Water Treatment Plant. JLA Geosciences, Inc. (JLA) scope of work will include project coordination and assistance, bi-weekly progress meetings,technical support related to rehabilitation work amd test well drilling. This work includes the oversight of the existing well contractor,Florida Drilling,for work on the above referenced project. JLA proposed scope of work and associated costs are detailed as follows: 1.0 Well 26 Rehabilitation Supervision,Oversight and Reporting 1.1 Provide hydrogeologic support and direction to the Village and the Contractor. 1.2 Attend bi-weekly progress meetings; make recommendations as to the well rehabilitation approach proposed by the Village well contractor and revise the contractor's scope of work as needed. 13 Provide hydrogeologic observation services and advise well contractors during well rehabilitation;observe and direct critical elements of rehabilitation process; perform testing upon completion of contactors work, including well performance evaluation,video logging review,field water quality evaluation,sand and applicable field testing. 1.4 Prepare summary well rehabilitation technical memorandums providing a record of testing results when needed. Update well construction and performance data and provide recommendations. Item 1.0 Subtotal $6,445.00 2.0 Proposed Well 28 Exploratory Drilling Supervision,Oversight and Reporting 2.1 Generate an abbreviated drilling and testing scope of work (procedure) to obtain a Page 66 of 603 Agenda Item #6. JLA Geosciences, Inc. Proposal to Ms.Allyson Felsburg,Village of Teqesta October 29, 2025 Page 2 of 2 contractor quote, submit to the Village for review and Its request to contractor for pricing based on the existing piggyback contract(from Broward County). 2.2 Assist Village with contractor pricing review and provide hydrogeologic support and direction to the Village and the Contractor. 2.3 Attend bi-weekly progress meetings (same meetings as Task 1.0 well rehab work) to assist the Village with communication and direction to the contractor. 2.4 Provide hydrogeologic observation services during test drilling and aquifer water quality sampling; observe and direct critical elements of the work; obtain hydrogeologic and field water quality,and applicable field testing. 2.5 Prepare a summary technical memorandum with recommendations for potential proposed well site 28. The memo will include a geology log,aquifer water quality profile,geophysical logging if performed, monitor well construction details. Item 2.0 Subtotal $ 15,030.00 TOTAL PROPOSED COST(time and expense basis based on attached summary) $22,549.00 If this proposal is acceptable,work will be conducted based upon a purchase order(or comparable) issued by the Village. The proposed costs are for budgetary purposes only; all work will be conducted on a time and expense basis up to the budgeted amount in accordance with the purchase order. We are available to begin work immediately. If you have any questions please don't hesitate to call me. Sincerely, JLA Geosciences,Inc. Ji Indersen, P.G. P ' cipal Hydrogeologist Attachments: Approved By: JLA Hydro Services Estimate 2025.xlsx Digitally signed by Jeremy Allen Jeremy Allen Date:2025.10.30 08:43:37 -04'00' Jeremy Allen,Village Manager Page 67 of 603 Agenda IM! ■ J o 0 0 0Lri0 O 0 Ln u N cv � O J O O Ln O O O O O O Ln Q n Ln �O O w U) O W N I- I- f l r-I 14 14 ri ri cM r-I �a— LU N Z -L) XQ O O � LL w o � O L Ln *k L O O O Ln {� Ln N Ln Orq , E O m -a r Q O w Ln w Z o U.) 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JLA Geosciences, Inc. HYDROGEOLOGIC CONSULTANTS 1907 Commerce Lane,Suite 104 Jupiter,Florida 33458 (561) 746-0228 JLA Geosciences, Inc. Schedule of Hourly Billing Rates Personnel/Title Rate/hour Project Manager- President $255.00 Principal Hydrogeologist $245.00 Senior Hydrogeologist III $228.00 Senior Hydrogeologist II $205.00 Senior Hydrogeologist I $167.00 Hydrogeologist III $155.00 Hydrogeologist II $140.00 Hydrogeologist I $132.00 Project Administration $95.00 Hydrologic Technician $95.00 Principal Modeling $255.00 Expenses Expenses Billed at 5% of Labor. Company owned or personal vehicles will be charged at the prevailing IRS allowed reimbursement rate which is currently 70 cents per mile for project related travel excluding commute between home and office. Subcontract Subcontractor and Subcontract services will be invoiced at JLA Geosciences, Inc. cost multiplied by 1.0 Other Direct Costs JLA Geosciences, Inc. owned equipment will be charged as needed on a project specified negotiated basis. jlageosciences.com Page 69 of 603 Agenda Item #6. PUBLIC RECORDS. In accordance with Sec. 119.07011 Florida Statutes, 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,. 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, 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County 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. Page 70 of 603 Agenda Item #6. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("'ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images,graphics,text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative UWAI"), available at www.w3.org/TR/WCAG/.," Page 71 of 603 Agenda Item #6. V '111age of T 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org 40-0 STAFF MEMO Date: October 23, 2025 To: Jeremy Allen,Village Manager From: Marjorie G Craig, PE, Director, Utilities Department er Re: Consider Approval of Kimley-Horn and Associates Work Authorization for Bid Phase Services Related to the WM#2 (Ph 2) Beach Rd Water Main Replacement Project for a Total Not to Exceed $12,430 The Village of Tequesta Utilities Department (UD) recommends approval of a work authorization (WA) with Kimley-Horn and Associates (KHA) for bid phase services related to the WM#2 Ph2 Beach Rd Water Main Replacement project,with a total not to exceed $12,430. The Village of Tequesta's water distribution system consists of approximately 380,000 linear feet (LF) of pipe, ranging in size from 4 to 16 inches. The system consists of asbestos-cement (AC), ductile-iron pipe (DIP), polyvinyl chloride (PVC), and high-density polyethylene (HDPE) pipe. The oldest sections of the distribution system consist primarily of AC water mains and were installed in the 1950s. Over the past several years,there have been AC water main breaks within the service area. AC,the pipes in the service area are between 40 and 60 years old or older and are approaching or have reached their anticipated service life expectancy.The Village is taking proactive measures and implementing AC water main replacement projects to ensure a safe and reliable source of potable water for its customers. This project will replace approximately 5,400 linear feet of water main. It includes approximately 4,200 LF of new 10-inch PVC water main, 1,600 LF of 6, 8, and 10-inch DIP, a 1,100 LF 12" HDPE directional drill, water service/fire line modifications, roadway reconstruction, and other miscellaneous restoration. The project estimated timeline is below: FDEP SRF loan agreement executed—late October 2025 Kickoff meeting with KHA—mid November 2025 Post documents to DemandStar—id December 2025 Prebid Meeting—early January 2026 Bid deadline—early February 2026 Recommendation of award to Council—March 2026 Notice to proceed—early April 2026 KHA has a master agreement with the Village procured through the Consultant's Competitive Negotiations Act (CCNA), FS287.055, approved October 9, 2025.The CCNA requires public agencies to select professional service firms based on qualifications. This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Page 72 of 603 Agenda Item #6. Please see the attached scope of services for more details.The work authorization will be funded by the Water Fund account for renewal and replacement engineering services. WATER FUND-Account 401-411-531.302-Capital Improvement—Improvements Other Than Buildings Budgeted amount: $13,100,000 Available amount: $13,100,000 Amount of this proposal: $ 12,430 Total Remaining: $ 13,087,570 Page 2 of 2 Page 73 of 603 Agenda Item #6. VILLAGE OF TEQU ESTA ENGINEERING SERVICES WORK AUTHORIZATION WM#2 (Ph2) BEACH ROAD WATERMAIN (WM) REPLACEMENT PROJECT BID ASSISTANCE The terms used in this work authorization (Work Authorization or WA) with initial capital letters have the meaning stated in the 2025 "Request for Qualifications" documents and the "Master Agreement for Professional Services" (Agreement) referenced below. This Work Authorization authorizes Kimley-Horn and Associates, Inc. to perform work set forth herein and is issued pursuant to The Professional Engineering Services Agreement, between the Village of Tequesta ("Client" or "Village") and Kimley-Horn and Associates, Inc. ("Kimley- Horn" or "Consultant"), dated October 9, 2025 (or the date fully executed, if approved, after the October 9, 2025, Council meeting in which the Agreements will be brought for consideration of approval) ("Agreement"). All terms and conditions of said Agreement are hereby incorporated and made part of this Work Authorization. The Utilities Department's (UD) Water Fund will fund this project. PROJECT UNDERSTANDING Kimley-Horn designed and permitted the replacement of the existing asbestos cement (AC) watermain (WM) along Beach Road (AlA) in 2021/2022 that is generally described as follows below. This existing watermain has experienced leaks in the past and has been in service for over 60 years. 1. From the intersection of Bridge Road and US 1 (A 1A) east to the northerly property line of the Cliveden Condo/Loxahatchee River District Lift Station No. 66, approximately 4,000LF. 2. From the southerly property line of the Sea Watch Condo to the northerly property line of the Claridge of Jupiter Island Condo, approximately 2,400LF. The project has been on hold pending funding through the Florida Department of Environmental Protection (FDEP) State Revolving Fund (SRF) program. Now that these last few items are in place, the Village has a "shovel ready" project with funding in place. The Village has requested Kimley-Horn to update the bid documents, attend a progress/update meeting and provide bidding assistance for this project as outlined below. SCOPE The following is description of services to be provided under this Work Authorization. 1 WM# 2 (Ph2) BEACH RD WATER MAIN (WM) REPLACEMENT PROJECT BID ASSISTANCE Page 74 of 603 Agenda Item #6. TASK 1 - PROGRESS/UPDATE MEETING 1. Attend one (1) meeting at the Villages' UD offices to discuss the project, update Village UD on scope of work and discuss the bid process from advertisement to award. Revisions to construction plans and specifications are not anticipated. If any updates/revisions are required, they will be considered additional services will be completed under a separate agreement. TASK 2 - BIDDING SERVICES 1. Assist the Village with the following. • Prepare an updated OPCC and associated Bid Form. • Provide electronic bid documents for Village's use in advertising the project. • Attend and conduct apre-bid meeting at the Village's offices. • Respond to Contractors' questions and prepare addenda as necessary. • Evaluate the bids, investigate the Contractor qualifications and prepare/submit a recommendation of award. ADDITIONAL SERVICES Any services not specifically provided for in the above scope, as well as any changes in the scope requested by the Village UD, will be considered additional services to this Work Authorization and will be performed based on subsequent Work Authorizations approved prior to performance of the additional services. INFORMATION AND SERVICES PROVIDED BY THE VILLAGE Kimley-Horn assumes that all information provided by the Village can be relied upon in the performance of professional services. The following information shall be provided to Kimley- Hom and/or the following services will be performed by the Village. • Any contractor questions during the bid process. • Village to provide the bid proposal of the lowest apparent bidder along with the detailed bid tab. • Village will be responsible for publicly advertising the project. SCHEDULE For Scope Items Task 1 and Task 2, Kimley-Horn will complete the requested work/task assigned as outlined below; Task Time to Complete Task 1 30 Days Task 2 Commensurate with Village Purchasing Guidelines � 2 WM# 2 (Ph2) BEACH RD WATER MAW (WM) REPLACEMENT PROJECT BID ASSISTANCE Page 75 of 603 Agenda Item #6. COMPENSATION Kimley-Horn will perform the services described in the Scope of Services Task 1 and Task 2 on a lump sum basis in the amount of Eleven Thousand Nine Hundred dollars ($12,430.00). TASK LUMP FEE AMOUNT TASK 1 $27130.00 TASK2 $107300.00 TOTAL LUMP SUM AMOUNT $129430.00 Accepted by: Village of Tequesta Kimley-Horn and Associates, Inc. ligit AllenDate:lly y2 2 Jeremy Allen 2025.10. 1157: 40 01 Jeremy Allen, Village Manager Cason R/Cee,P.E Vice President Date: Please see digital signature Date: 4J 3 WM# 2 (Ph2) BEACH RD WATER MAW (WM) REPLACEMENT PROJECT BID ASSISTANCE Page 76 of 603 Agenda Item #6. PUBLIC RECORDS. In accordance with Sec. 119.07011 Florida Statutes, 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,. 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, 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County 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. Page 77 of 603 Agenda Item #6. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("'ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images,graphics,text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative UWAI"), available at www.w3.org/TR/WCAG/.," Page 78 of 603 Agenda Item #6. PARKING LICENSE AGREEMENT THIS PARICI NG LICENSE AGREEMENT("Agreement") is made this .� day of:�j 0 yQy,,\,,�Z025 ("Effective Date"), by and between Family Church -- 14, LLC ("Licensor") and The Village of Tequesta ("Licensee"). W ITN E SSETH: WHEREAS, Licensor is the owner of the property located at 423 Tequesta Drive, Tequesta, Florida 33469, upon which is presently situated a paved parking lot (such paved parking lot being the "Licensed Area");and WHEREAS, the Licensor wishes to grant Licensee non-exclusive use and access to the Licensed Area to enable the Licensee to utilize the Licensed Area for the sole purpose of parking on the Licensed Area as overflow parking for its employees, contractors, guests, and invitees during the days of Monday, Tuesday, Thursday, Friday through Saturday, 7:00a.m. through 11:00p.m., Sunday from 3:00p.m. until 11:00p.m, and Wednesday from 7a.m. until 4p.m., for people attending or providing services at Constitution Park or at such other times as may be authorized in writing by the Licensor ("Permitted Purposes" or"Permitted Use")during the Term (as hereinafter defined). Overnight parking is not permitted. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Access. Licensor hereby grants Licensee a license during the "Term" (as hereinafter defined) for the Permitted Purposes and for no other purpose. In connection with Licensee's utilization of the Licensed Area during the Term, the Licensee agrees as follows: a) Licensee shall only use the Licensed Area for the Permitted Use and for no other purposes without the prior written consent of Licensor (which may be withheld in its sole discretion). Licensee shall not use the Licensed Area for any purposes in violation of any federal, state, county, or municipal statute or ordinance, or of any regulation, order, or directive of a governmental agency, as such statutes, ordinances, regulations, orders, or directives now exist, or may hereafter provide, concerning the use and safety of the Licensed Area. b) Licensee shall not commit, nor permit, Waste of the Licensed Area, and shall use, with care, and shall not damage any portion of the Licensed Area. 1 Page 79 of 603 Agenda Item #6. c) Licensee shall not interfere with the co-extensive use of the Licensed Area by any tenant nor park in any designated parking spaces. d) Licensee assumes all risk and liability in connection with the use of the Licensed Area, and such use of the Licensed Area shall be in an"as is"and "where is"condition without any representations or warranties of any kind. ey Licensee shall permit Licensor, its agents, or other employees, to have access to and to enter upon the Licensed Area at all reasonable and necessary times for any purpose. 2. Term and Scope of License. The rights herein granted to Licensee shall be deemed a license in favor of Licensee for the Permitted Purposes set forth herein. The term of this Agreement ("Term")shall be from the last date of the execution of this License by Licensor and Licensee ("Effective Date")and continue until such date as Licensor may elect to terminate the Licensee's rights to utilize the Licensed Area for the Permitted Use upon fifteen (15) days'written notice from Licensor t❑Licensee. 3, Risk of Loss and Insurance. Licensee shall use the licensed Area at its own risk,and Licensor shall not be liable for any injury resulting from Licensee's use and/or occupancy of the Licensed Area. Licensee shall, during the Term, provide Licensor with a certificate of insurance evidencing the following insurance coverage: a) Required Coverage. Licensee shall,at its sole cost and expense,maintain during the entire term of this Agreement the following insurance coverage; 1) Commercial General Liability Insurance covering bodily injury, death, and property damage,with limits of not less than$1,000,000 per occurrence and $2,000,000 aggregate,including coverage for premises operations, personal injury, and contractual liability. 2} Automobile Liability Insurance covering all vehicles operated or used by Licensee in connection with the Licensed Parking Area,with limits of not less than $1,000,000 combined single limit per accident. 3) Workers' Compensation Insurance as required by applicable law, together with Employer's Liability Insurance with limits of not less than $500,000 per accident,if Licensee employs any personnel in connection with its use of the Licensed Area. b) Certificates of Insurance. Prior to the commencement of use of the Licensed Parking Area, and upon each renewal of coverage thereafter, Licensee shall furnish Licensor with certificates of insurance evidencing the required coverage_ Each policy shall provide that Page 80 of 603 Agenda Item #6. coverage may not be canceled, materially changed,or non-renewed without at least thirty(30) days' prior written notice to Licensor. c) Primary Coverage. All insurance maintained by Licensee shall be primary and non-contributory with any insurance maintained by Licensor. d) No Limitation of Liability. The insurance requirements set forth herein shall not limit or modify Licensee's indemnification obligations under this Agreement. e) Exceptions. Parking is excluded on Wednesday evenings after 4:00p.m. and Sunday before 3:00p.m. Additionally, Licensor shall have the right to reduce the number of spaces available to Licensee during special events, such as funerals,weddings, conferences, or other nonscheduled activities, so long as the Licensor gives the Licensee at least 48 hours written notice of such special events. 4. Indemnity. Licensee shall indemnify, defend, and hold harmless Licensor and its officers, directors, members, managers, agents, employees, successors, and assigns (collectively, the "Indemnified Parties") but only to the extent permitted by §768.28, Florida Statutes,and only to the limits of the Village's monetary liability set forth therein, and without waiving any defense of sovereign immunity or extending liability beyond those statutory limits from and against any and all claims, demands, causes of action, losses, liabilities, damages, fines, penalties, judgments, costs, and expenses (including, without limitation, reasonable attorneys' and paralegals' fees and costs through all trial, appellate, and post-judgment proceedings) arising out of or related to: a) Licensee's use or occupancy of the Licensed Parking Area; b) The acts or omissions of Licensee or any of its agents, employees, contractors, guests,or invitees; or c) Any breach by Licensee of this Agreement or of any applicable law, ordinance, or regulation. This indemnification obligation shall survive the expiration or earlier termination of this Agreement. However,Licensee shall not be required to indemnify any Indemnified Party to the extent that a claim arises from the negligence or willful misconduct of such Indemnified Party. Nothing contained in this Parking License Agreement shall be construed as a waiver of the Licensee's sovereign immunity beyond the waiver limits set forth in Sec. 768.28, Florida Statutes, as those waiver limits may be amended from time to time. In addition, the Licensee shall not be subject to punitive damages or pre-judgment interest. 3 Page 81 of 603 Agenda Item #6. 5. Default. In the event of a breach of the covenants and agreements of Licensee hereunder, not cured within five (5) days after written notice by Licensor to Licensee, or upon any expiration of the Term, in addition to all other rights and remedies available at law or in equity, Licensor shall have the right to terminate this License at any time by written notice to Licensee. Upon any termination of this License, Licensee shall immediately vacate the Licensed Area. If the Licensee fails to vacate the Licensed Area at the expiration of the Term, the Licensor shall be entitled to all rights and remedies available at law or in equity. 6.Notice. Any notice required or permitted to be given by the terms of this Agreement or under any applicable law by either party shall be in writing and shall be either hand-delivered or sent by certified mail, postage prepaid, with return receipt requested. Such written notice shall be addressed as follows: To Licensor: Family Church - 14, LLC 1101 S. Flagler Drive West Palm Beach, FL 33401 Attn: Scott Crawford, Executive Pastor Phone: 561-650-7400 Cell: 561-248-5828 Email: scrawford@,gofamilychurch.org To Licensee: The Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Attn:Jeremy Allen, Village Manager Phone: 561-768-0463 Cell: 561-972-3069 Email:igilen@teguesta.org 7. Attorneys' Fees. If any action at law or in equity shall be brought to recover any sums due under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Agreement, or for the recovery of the possession of the Licensed Area, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs, reasonable attorney's fees, the amount of which shall be affixed by the court and shall be made a part of any judgment or decree rendered. Notwithstanding the foregoing, attorneys' fees assessed against the Licensee cannot exceed 25%of the final judgment or settlement amount in accordance with F.S. 768.28 (8). 8, Waiver. The waiver by Licensor of, or the failure of Licensor to take action with respect to, any breach of any term, covenant, or condition herein contained shall not be 4 Page 82 of 603 Agenda Item #6. deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition therein contained. 9. Time of the Essence. Time is of the essence of this Agreement, and of each and every covenant,term,condition,and provision hereof. 10. Assignment and subletting. The Licensee shall not be permitted to assign or sublicense all or any portion of this Agreement. 11. subordination. Licensee acknowledges and agrees that Licensor shall have the unrestricted right to sell,transfer,assign,convey, mortgage, pledge, or otherwise encumber all or any portion of the property upon which the Licensed Parking Area is located (the "Property"), together with Licensoe's rights under this Parking License Agreement. This Agreement, and all rights of Licensee hereunder, are and shall be subject and subordinate at all times to the lien of any mortgage, deed of trust, or other security instrument now or hereafter affecting the Property, and to all renewals, modifications, consolidations, participations, replacements, and extensions thereof. Licensee agrees that upon written request by Licensor or any mortgagee or holder of a security interest, to execute and deliver such instruments as may be reasonably required to evidence such subordination. Failure of Licensee to execute such instruments within ten (10) days after written request shall constitute a default under this Agreement, and Licensor shall be entitled to immediately terminate the Agreement by providing written notice to the Licensee of the termination and its effective date. Nothing contained herein shall be deemed to require any mortgagee or successor-in- interest to recognize this License or to continue Licensee's rights hereunder in the event of foreclosure or similar proceedings, unless such mortgagee or successor shall elect in writing to do so. 12. Waiver of Trial by Jury. The parties hereby waive trial by jury in any action, proceeding, or counterclaim brought by either party to this Agreement on any matter whatsoever arising out of or in any way connected with this Agreement. 13. Amendment. This License may not be modified or amended except by a written instrument executed by both the Licensor and the Licensee. 14. Captions. The captions and paragraph headings contained in this License are for convenience and reference only and are in no way defined, described, extended, or limited the scope of intent of the License nor the intent of any provision hereof. 5 Page 83 of 603 Agenda Item #6. 15. Counterparts. This License may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 16.Governing Law and Venue. This License shall be construed in accordance with the laws of the State of Florida, and venue for any litigation hereunder shall be Palm Beach County, Florida. 17. Entire Agreement. This Agreement contains the entire understanding between the parties hereto regarding the license for Licensee's use of the Licensed Area. It shall not be amended or modified unless in writing by the parties hereto. 18. No Recording. The Licensee shall not record this Agreement or any memorandum of its terms. 19. Joint Preparation. The preparation of this Agreement has been a joint effort of the parties, and the resulting documents shall not, solely as a matter of judicial construction, be construed more severely against one party than the other. THIS SPACE LEFT BLANK INTENTIONALLY SIGNATURES ARE ON THE FOLLOWING PAGE 6 Page 84 of 603 Agenda Item #6. IN WITNESS WHEREOF, the parties hereto have executed this Parking License Agreement as of the day and year first above written. LICENSOR: Family Church - 14,..LLG--•-..� By; Scott Crawford, E utive Pastor of First Baptist of West Palm Be (f , Florida, d/b/a Family Church, its sole mem LICENSEE: The Village of Tequesta By: Jer y Allen, Village Manager 7 Page 85 of 603 Agenda Item #6. PUBLIC RECORDS. In accordance with Sec. 119.07011 Florida Statutes, 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,. 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, 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County 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. Page 86 of 603 Agenda Item #6. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("'ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images,graphics,text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative UWAI"), available at www.w3.org/TR/WCAG/.," Page 87 of 603