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Home My WebLink AboutDocumentation_Regular_Tab 04_05/12/2016 Village Of T�ta. P'�rks 8� Recreati� ent Dai;e: 4/ 18/ 16/22/2015 To: Michael Couzzo, Village Manager Cc: Lori McWilliams, Village Clerk From: Greg Corbitt, Director of Parks & Recreation RE: Constitution Park Playground Replacement Part I respectfully present the following memorandum to the Village Manager. The Village asked Miracle Recreation Equipment Company to expedite the - replacement part Bongo Pod. _ Attached is a quote from Miracle. The part is under warranty, so only installation is being charged. The cost for the change order is: $350.00 � Equip�nent �u�tation , v��,. Quokc Number: 23160083 •-- " Quote Date: 03/29/2016 Customer NumUer 3346B07 Sales Representative Terms of Sale: Net 3U Connie Brown Customer Ctass: 1. Parks & Rec Sh[pping Method: UPg Miracle Recreation Equipment Co. Fre9ght Terms: Prepaid 878 E Hwy 60 Appra�dmate Ship Aate: A3AP Monett, MO 65708 Cust PO Num: Phone: (954) 520-4523 Fax: (954) 473-1964 pp Remittance (if other than �ales Representative): Prepared Village of Tequesta Far: 399 Seabrook Road Tequesta, FL 33459 Location: Village of Tequesta gcorbitt@tequesta.org 399 Seabrook Road Payment Miracle Recreation Equiprnent Company Tequesta, FL 33469 Remittance: PO Box 204757, Dallas, TX 75320-0757 Payment/ Greg Corbitt (561) 575-6247 Shipping� Greg Corbitt (561) 575-6247 Accounting Delivery Cantact: Contact: Qusntity Item Number Descripti Price Each Price Total 2 986041 P Bongo Pod Only $0.00 $Q.04 2 986498 Parts Carton for 986041P $0.00 $O,OU Equipment Total: $O.Od Freight: $0.00 Installation: $350.00 SubTotal: $3SQ.00 Tax: $0.00 Grand Total: $35fl.00 5pecial Calors: Hunter Green �lotes: Original WO# 562098 ... ___.._.._.. . -- ---- - -.._._...._ __- - __ -__— ___ . _ _ ___- - -- ----------- -.. Rep #: 23 Ord�r #; 23160083 Page i af 3 Rev E �21815 - This Quote shalt not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ("Mirdc►e�°). Sales Representative is not authorized to sign this Quote on behalf of Miracie or Castomer, and sig�ed Quotes cannot be acc�pted from Sales RepresEntative. To submit this offer, piease sign below and forward a complete signed copy of this Quote direcdy to "Miracle Sales Administration" via fax (4l7) 235-355 f or email: orders@miractetec.com. Upon accepiance, Miracle will raturn a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIIv1ITED TO AND GOVERNBD gy TI� TERMS CONTAINED HERETN. Miracle objects to any other terms proposed by L'�stomer, in writing or otherwise, as material alterations, and aU such proposed terms shall be void. Customer suthorizes Miracle to ship the Equipment and agrees to pay Mu�scle the total amount specified. ShiPping teims are FOB the place of ship�nt via common carrier designated by Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges aze due and payabk in full at PO Box 204757, Dallas, TX 75320-4757, unless notified ott�exwise by Miracie in writing. Ct�stomer agrees to pay all additional service charges f� past due it►voices. Customer must pmvide proper tax exemgtion certificatcs to Miracle, and shali promptly pay and dischazge all otherwise applicable taxes, licensa fees, levies and other impositions on the Equip�nt at its own expenx. Purchase orders and payrt�ents should be made to the order of Miracle Recreation Equipment Company. Qnote Number: 23160083 Quote Date: 03/29/2016 Equipment Total: 50.00 Grand Total: $350.00 CUSTOMER HEREBY SUBMITS TT5 OFFER TO PURCHASE TI� EQUIPMENT ACCORDING TO THE TERMS STATED IN TFIIS QUOTB AND SUBJECT TO FINAL APPROVAL BY MIRACLE. M`__..__� C U C' C- �0 �l a" �.-��--=�� W � �14 � a�t�c �' j�-^/ '� Snbmitted By ted Name tle Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APpROVED AND ACCEPTED BY MIRACLE RP.CREATION EQi3IPMEN'T COMPANY. By: Date: AD�TIYONAi TERMS CONDITiONS �F SALit 1. Use & Mainbenence. Customer agrees to regiilarly mspect and maintain the Eqvipment, and ln pravide, inspect and maintain appropriate safety surfacing under and around the Ec}uipmatt in acmrdance with Miracle's product literature and the most cunent Conaumer Pzoduct Safety Commiasion Handbook for Publ� Playground Safety. 2 Defaul�, Remedies & Delinquency Charges. Cuatomer's failtue to pay any invoice when due, or its failure to otherwsse comply with the terms of this Quote, shall rnnsNtute a deEault under all unsat{sfied invoices ("Event of Default'�. Upon an �ra►t of Default, Miracle shall kuve all remedies available M it at law or equity, including, without limitaHon, ail remedies afforded a secured aeditor under the Uniform Commercial Code. Customer agrees to assi�t end cooperate with Miracle to accompfieh its filing and enforcement of inechanic's or other liens wiih respect to the Equipmeat or its location or its repossession of the Equipmen� and Customer expressly waives all rights to posseas Ehe Egtupment after an Event of Default All remedies are cua►ulative and not alternative, and no enetcise by Miracle of a remedy will prohibit or waive the exercise of any ather ret�dy. Cuatomer shall pay all r�sonable attorneys' fees p}us any costs of collection incurred by Miracle in enfoming its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penel[y, an aatount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10} days after the date on which due. Rep #: 23 Otdes #: 23160083 Page 2 of 3 Re� E 021815 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQClIPMENT WARRANTI&S EXCEP'I' FOR THOSE STANDARD W ARRANTIES ISStJED W1TH THE EQUIPMENT, WHICH ARE INCORPORAIED IiERIIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DLSCLAIMS AltTy IIvII'L1ED �VVARRANTY OF MF.[2CHANTABII.ITY OR F1'I'NESS FOR A PARTICCfT.AR PURPOSE AND ANY LIABFLiTY FQK INCIDENTAL OR �ONS$QUENTIAL DAMAGES. CU5fOMER AGREES TQ DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIlv1S Og ANy KIND FOR DAMAGES OF ANY KIND ARISIIVG OUT OF CUSTOMER'S ALTERATION OF THE EQLiIPMENT, IP5 FAILURE TO MAINPAIN T[-�E EQU{PMENT, TTS FAILUR& TO FIZppERLY SUPERVTSE EQUIPMENT US$ OR Ti5 FAILURE TO PROVIDE AND MAIIVTAIN APTROPRIA'i'E'I'YPFS AND DEPTHS OF SAP'El Y SURFACING BENEATH AND AROUND THE EQUIPMENT iN ACCORDANCE WTPH MIRACI,E'S INSTAL.LATIOI�i AND OWNER S MANUALS AND THE MOSf CURRENf CONSUMER PRODUCI' SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFEIY. 4. Restrictions. Until all amounts dne hereunder are paid in full, CusMmer shall not: (i) permit the Equipmait to be levied upon or attached under any legel process; (u) transfer tide to the Equipment or any o# Customer's rights themin; or (iu) remove or permit the removal of the Equipment to atty location not specified in this Quote. 5. Purc.hase Money Security Interest Customer heceby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Custome�s obligatiais ilereunder. Customer agnees that Miracle may file one or more financing statements, in order to allow it to perfect acquim and maintain a superior security interesc in ihe Equipment. 6. Choice of Law and Jurisd�tion. Ali agreements between Customer and Miracle shall be interpreted, and the parties' obHgations shall be govexned, by the laws of the State of Missa�ri without reEerence to its choice of law provisions. Customer hereby consents to the personal jutisdichon of the state an@ kderal courts locat+ed 3n the city and munty of 5t, Louis, Missousi. 7. TitIG Risk of Luss; Insurance. Mirade Retains full tifle to all Equipment until full payment is received by Mirade. Customer essumes all risk of loss or destrucHon of ar damage to the Equipment by reason of theft, fire, water, or aay other cause, end the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder end under any invoices. Until all amount9 dae hereunder are paid in fu3t, Customer shell invure the Equipment against all such lo�es and casualties. — S. Waiver; Imalidity. Miracle may waive a default hereunder, or under any imoice or oth« agreement betwc�en Customer and Miracle, or cure such a default at Cnstomer's expense, but shall have � obtigation to do either. No waiver ahall be deemed to have taken p3ace unless it is in writing, eigned by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, vr a forfeiture of any rights provided to Miracle hereunder or under any invoice. The u�valldity � any portion of this Quote shall not effect the fozce and effiect of the remauting vatid portions hereof. 9. Entire Agreement; Amendment; Binding Nahire. This fuily-executed Quote, as supplemented by Change Orders and invoices containing exact amonnts of estimatea provided herein, constitutes the cnmpkte and exdwsive agreement between #he parties. A Change Order is a written instrument signed by the Castomer end Miracle atating ttteir agreement as to any amendment in the terms af this Quote. Customer aclmowledges that Change Ordere may ressult in delays and add{Honal msts. The parties agree that all Change Orders shalt include appropriate adjustments in price and time frames relating to any requested amendments, Upon full execution, this Qaote shall be bind'mg upon and inure to the benefit of the parties and their succeesors attd assigins. 10. Connterparts; IIectronic Transmission. 71»s Quote, any imoice, and any other agreement between the parties, may be executed in counterparts, each of which shall rnnstitute an original. The facahnile or other electronic transmission of any slgred original document, and retransmission of any signed facsimile or other electronic #ransmission, shall be the same as the transmission of an original. At the request of either party, the parties will canfirm facaimile or other electronically transmitted signatures by signing an original document. Rep #; 23 Orcler #: 23160083 Page 3 of 3 Rev E 021815 ADDENDUM Public Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor _ must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Scope of Services are not disclosed except as authorized by law. Finally, the Contractor shall retain the recards described in this paragraph throughaut the performance of the wark described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, all such records in the possession of the Contractor and destroy any duplicates thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems. _. Vil.lag� a►f T"+�qu�esta 345 Tequesta Drive 5 G 1- 7 G 8-0 7 0 0 Te uesta FL 33469 ``� Q a n;� www.tequesta.org � , TE�LTESTtI PUBLIC WORKS DEP�IRTMENT ME�IC}RANDI'Ivi To: Ivlichael R. Couz2o, Village Manager From: Douglas l�I. Chambers, Public Works Superintendent Subject: Trane: Automation Service t�greement for the Air Conditiorun� System in Village Hall Date: �pril 18, 201 G The attached agenda iketn adctresses the need for a seLVice agreeinent with Teane Bi�ilding Se�-vices for the air conditioning contz�ol systecu in Village Hall. Trane Building Se�vices is the (?�M and sole so�irce pt�avider of tlie Trane HVAC ec�ui��netifi az�d tiacei sum3nit aufotttation conkrals in Village Hal[. The services agreement is for three (3) years ITt additio2t to quarterly ntaintenance this co3itract provides a 3 year fixed lat�or rate for setvice calls�trouUlesl�ootiiig ori an as needed vasis. Maintenance Service Shall be Budgefed Annually in Building Repa,ir & Mainter►ance Accaunt (?01-210-546.303 - Service Fees Year i -$3,520� Paid Quarterly $880 Year 2 -$3,520: Paid Quai�terly - $88d Year 3 -$3,520� Paid Qiiarterly - $8$0 Total - $1 Q, 560 Labor Ra.tes /Calt out Service - Fuced rate for 3 years RegularTime� $144 per hour Ovei�titne: $217 per Itour Holiday: $2S9 per liou� Dougtas �I. C;hambers Public lY'orks Supenntendant �'iLlagca of Tequesta t`ace -11a}'or t�ince :lsena \fay or :lbls} Brennan Council �tembec Tom Paterno Council \Iember Stet�e Okun Councd �Iernber Frank D' �lmbra ��tllage ,llanager i\Lchael {_:ouzzo �� Trana US inc. 2684 Cerporate Way - M+ramac FL 33025 Phone. (561�83-8227 Fax {561�97-8714 February 18, 20i6 Dougias M. Chambers Superintendent Public Works 136 8ridge Raad Tequesta, FL 33469 Qear Daugias; The following letter is being provided to you explaining the reasons South Flarida Trane is the OEM sole source provider of Trene HVAG equipment and Tracer Summit Building Automation Co�trois in this markef. • South Fiorida Trane is the exclusive representative of the Trane praduct and software line used in your facilities. • South Florida Trane Service is the sols source warranry agent for the Trane Mechanicai 8ystems and Tracer Buiiding Auiomation Systems in South Florida. Spanning from Vero 8each to the Fiorida Keys. e South Florida Trane solely smploys certified Tracer Building Automation System technicians +n South florida. e AI( software programming and engineering on the existing Tracer Building Automation System has been performed in house by South Fiorida Trane. • Sauth �lorida 7rans Service is the exclusive parts ouNet for Trane Machanical Systems and Tracer Buifding Automation 5ystems in South FEorida. • As a factory representative, Sauth Florida Trane Service has access to proprietary sofiware used to estabiish remote communiaation via modem #o hundreds of Tracer Building Automation Systems located in vanous facitities. This software provides signiflcant and va(uable advantages such as troublesfioating and monitoring capabilities as weil as database back-up. • South Fiorida Trane Technicians carry or have access to speciaily designed tools and test equipment requfred to service 7racer Building Automation and Mechanical Systems properly. • Soufh Florida Trane provides training on Trane Mechanica! Systems and Tracer Building Automation Systems. • South Florida Trane provided "Start up° on the Tr�cer Building Autama6on Systems at your #acility. • South Florida Trane Seroice +s candnuously posted an software and hardware enhancements and/or revisions fur the Tracer Building Automation and Mechanical Systems equipment. Atlowing constant interface between mechanical equipmenf and Trane Tracer Summit. = South Ftorida Trane is the sofe provider, and Trane is the sale menufacturer of both the Trane Trar.�r Bui{ding Automation and Mechanica! Systems equiprnent. In addition, South Fiorida Trane solely understands the complex relationship between the two; South Fiorida Trane is the sole source provider of e�ended warranties on this 'frane HVAC System. The above list includes many of the reaso�s why South Fiorida Trane is a so{e source provider for many owners and faciNties in South Florida. To provide a°Best-in Gass" levei af service to the City of Miramar, South Florida Trane is recnmmending the# we become your sole snurce provider for Trane praduots and services. Please cail if you need addi#ional information. Respectfully Submitted, Amar Sukhai Service Account Manager February 98, 2Q16 www. trane. com � Trane US 4nc. � 2884 Corporate Way Miramac Fl 33025 Phone. (561�83-8227, Fax (561)697-8714 Trane License # CACO23485 April 1$, 2016 Douglas M. Chambers Vilfage of Tequesta - Superintendent Pubiic Works 136 Bridge Road Tequesta, FL 33469 �ear poug, Please find fabor retes per your request. l.abor Rates per Haur: BAS Contract Cu�tomers: Regula� time �144 .OT $217. ..HoGday. $289 Please nate that this is a fixed �ate for the duretion or term of your contract 2054084 far (3) three years and wiU be up for renewa� with new rates upon explratian. Materials will be biiled separately Respectfully Submitted, Amar Sukhai Service Accaunt Manager Apri1 1$, 2tl16 - www. trane. com �-� I °`{; .7L-'. 'I!{=;? _ � r �cailc�ing �utor��tion �y�fern ��, � SERVICE PROPOSAL FOR: Village of Tequesta ' ' � 357 Tequesta Dr. .... ;� �� Teguesta, FL 33469 U.S.A. � �� '' ` �� Douglas Chambers ,,� , ,_., y ��" - � SITEADORESS: Tequesta Village Hall �„z + 357 Village Drive TEQUESTA, FL 33469 :', _��;�, = United States � �,� �:,,. �• : ;�.� �_ _.---- _. _�.._._.-- °�;�::� _ _ _ �. -_ --- :��r:._ --. _ — „�,,,...� ;.. ...,..�.� ; : . , ' - . R: � „a.«�.=. IOCAL TRANE OFFICE: � � r.aw.,, a..> -� _ .: FIt�NE s �?:::3� —•----��""""�� Trane U.S. Inc. „ �,, . ` y� ��"`, y" 6965 Vista Parkway North � Suite # 11 ;.«,.� _� � = �_ ,�. - �. West Palm Beach, FL 33025 �,. - _ � ,s� y . , .�`-�.a y �'�' LOCALTRANEREPRESENTATIVE: � y� ' . � '� > � � Amar Sukhai ".R r = ?u� r J . " ., A. � �. "' .��,�:. : , '� �°"'` ._ ;:� ° � ; Cell: (786) 423-4196 �m , .,. ` Office: (561) 683-8227 ; �"�. . � :„� - '' , .,, �_, �. � t�Y# PROPOSAL ID I AGRfEMENT NUMBER: ;�., � 2054Q84 f 04.05.16 DATE: , � �. April 5, 2016 � � �'�`�`�`.- �=,' . ,,, ,,. � . . _ _ � -�� :�< .� Y � � � �-� .: �� '��.. � `: �. 1. ':., 7 � .� {'•��,��:, :�f: .J."b %�.� ij3D' 1 i :;Jf :11Aii F AUlLC1INGS 4;<<?Rk` BETTfR F{iR 1.fFF"' �e``" —�`'_---�.________� `---.___---_.._ —_'"" �� .."ii!fli�fl+C.' �:t:;'.'iC:.°.: TRANE SERVICE AGREEMENT FOR BUILDiNG AUTOMATION SYSTEM ��u�i�e ��'�"1r��ry Thank you for choosing Trane Building Services as your building automation system (BAS) support provider. Your building automation system, driven by Trane TracerT"" cont�ols, is vital to the operation of the HVAC equipment you depend on to help you maintain temperature, humidity and air quatity within the strict parameters your organization requires. Occupant comfort, productivity, quality assurance and energy e�ciency are just a few o# the objectives that may be impacted by indoor environmental conditions in a typical organization. However, all technalogy requires some attention from time to time to sustain its peak perFormance and prolong its useful life. Yaur building automation system is no exception. This Service Agreement for Building Automation Systems—delivered by Trane professianals who are knowiedgeabfe in both HVAC equipment and controls—benefits a wide range of objectives: • Sustainability —lmproving operational integration between HVAG equipment and the BAS system reduces energy use, thereby lightening your carbon footprint and advancing your sustainability goats. • Peace of mind — Continuous review and analysis sustains peak performance over the long term and helps prevent system failures and unexpected downtime. Back-up plans built into this agreement are designed to restore data and reboot systems quiekly in an emergency situation. 24/7 monitoring through Trane Intelfigent Services enables Trane to detect potential problems, avoid downtime, and keep your organization productive and profitable. . A stronger bottom line — Excessive, unnecessary energy consumption and emergency repairs can erode your bottom line. Regular, pianned BAS service is a nominal expense that typically pays for itself through energy and operational cost savings. • Operational consistency and continuous improvement - Your building automation system is atso the enabling technology behind Trane Intelligent ServicesT"', which remotely manitors critieal building systems to ensure the physical enviranment of the buitding is being s#rictly maintained. Establishing connectivity between your building automation system and the Trane Intelligent Services Center allows Trane to continuausly capture and anafyze data from your building. Based on that stream of information, our Technical Specialists can proactively recommend improvements and follow through with the appropriate service actions. Exclusive aspects of this Service Agreement leverage Trane Intelligent ServicesT"" (TIS), a revolutianary integration of technology and Trane professionals. TIS gathers active intelligence from your building's data, allowing Trane to identify what must be done to improve system performance and sustain the conditions that contribute to the mission of your organization We are committed to working with you to maintain the building automation system that is essential to creating and sustaining the indoor environmental conditions that support the objectives ofi your organization. The details of that commitment are provided in the following pages. WE YALUE THE CONFIDENGE YOU HAVE PLACED IN TRANE ANO LOOK FORWARD TO WORKING WtTH YOU. � �:i . �_.,_ ,...�;: WE MAKE $Utt01tJGS WORKBETTER FpR UFE.'" ''-°-�_ �...� �--�„`°'_.--�-�. � �s:,r�.,t.�,• ;��.�. .�,f�:.s5 TRANE SERVICE AGREEMENT FOR BUILDING AUTOMATlON SYSTEM �:i � � Praper maintenance can save an estimated 12-18%* of your budget compared to a run-to-fail approach. A Trane BAS Service Agreement is structured to help you manage your lifecycle costs and capture #hose savings. s, � 4 ` Research has shown that reguia� maintenance can: ; h � ;:�` "E=�; ,, , ., ..� , �`�� Cut unex ted hre€�kdawns b � " F�,�;.` {� y ...................................... , �>.:. � Reduce downtime by ............................._....................,.... a : , Y Lawer equiprnent repairs and maint�nance costs by...... �'� Reduc� energy consumpticsn by . ........................�.........., �� q, In addition to financial value, when you partner with Trane you can expect: < Cc�ntr�c� and �ina�ci�l B�r�efits Assigned Service Team - Your service team will consist of a professional Service Coordinator, Service Technicians and an Account Manager, all with e7ctensive HVAC systems and BAS experience. Our technicians have a thorough understanding of building automation systems and the associated controls, alang with heating, refrigeration and airside systems. Priority Response - As a Trane Service Agreement customer, you will receive sarvice priority over time and materials customers. Automated Scheduting System - Trane utilizes a computerized scheduling program to ensure that all services included in the agreement are performed as stated. Financial Benefits - The implementation of this building automation system support agreemen# from Trane can help control the costs ofi aperating your building in severat ways: Lower energy consumption; reduction in the costs and disruptions caused by downtime; planned, budgeted and controlled operating costs; and reduced maintenance. All of these benefits can be gained through a structured contract for support. - ii� . S s'�-x µ_;... WE M1UiKf BtHtUtNGS WORN BETT£AfOR LfFE.'" `: �uperior �ervice De�ivery Trane's originai equipment manufacturer (OEM) Service Delivery Process Ensures consistent quality through: • Focus on building environments • Uniform service delivery • Pre-job parts planning • Documented work procedures • Efficient and economical delivery of services • Emphasis on safety Service Work Flow - Trane utilizes an industry-exclusive service flow process that inc{udes detailed procedures and identified steps for: safety, parts, materials, tools and sequence for execution. T�ane procedures atso include steps for safety, quality contral, work validation, and environmental compliance. This process assures a complete service event. No critical steps are skipped or lost. Systems serviced in this way offer a higher degree of reliabi{ity and operational longevity. These exclusive service procedures deliver superior service and most reliable outcomes at the most cost-effective price. Where applicable, the Trane service process meets or exceeds ASHRAE 180-2008 Standard Practice for Inspection and Maintenance of Commercial Building HVAC Systems. � Kr�owl�dge Tr�nsfer Documentation - Work performed on your equipment will be documented by the technician and reviewed with you at the completion of each visit. Operational System tlptimization - Trane Service Technicians will review operating sequences and practices for the equipment covered by the agreement and advise you of operationa! improvement opportunities. Training for Facility Staff — Operator training and coaching is available per the service agreement. Additional training can be customized to meet your site specific needs. �I��Ifi� �nd Sa#��y Safety Management Program - Trane Building Services employs several full time Occupational Safety and Health Administration (OSHA} 30-hour certified safety managers who are available to perform safety consultations relating to the service performed at your site. Our Safety Management Program inctudes monthVy safety training for all Trane Building Services field personnel, field supervisor jobsite audits, technician job safety analyses and other key risk assessments and control strategies. Personal Safety - Trane service technicians are, at a minimum, OSHA 10-hou� certified, or equivalent with yearly retraining an all key occupational safety and health topics. Many of our technicians have participated in "Smith Safe" driver training and some are Department of Transportation (DOT) Hazmat certified. They are provided with up-to-da#e personal protective equipment (PPE), training on its use and limitations, and FR protective apparel. Trane maintains an industry-leading position in National Fire Protection Agency (NFPA) 70E Electrical Safety, technician ergonomics and fall pratection programs. Drug-Free Workpiace - Trane Building Services maintains a Drug-Free Workplace, with a robust drug and alcohol testing program. �i, - �, . ; Wf MAXf BUItDfNGSWORK BE7'TER FOR tlFE'" 4_ '�"'�---... �'`"'~�--......_`, Tequesta Village Hall BAS SA New .__..�� Proposai ID: 2054084 ��.�--~- �------___ �` � n �ervrr:�:, TRANE SERVICE AGREEMENT FQR BUILOING AUTQMA710N SYSTEM 1�h � r��1�1�n� SERVlCE PROPQSpL FDR: LOCAE TRANE OFFICE: Village of Tequesta Trane u.S. �nc. 357Tequesta Dr. 6965 Vista Parkway North Tequesta, FL 33�t69 U.S.A. Suite # 11 Douglas Chambers West Palm Beach, FL 33025 56TE ADQRE&S: LOCAL TRANE REPRESENTATt1/E: Tequesta Village Half Amar Sukhai 357 Vitiage Drive Cell: (786} 423-4196 TEQUESTA, FL 33469 Office: (561) 683-8227 United States PROPOSAL ID t AGREEMENT NUMBER: 2054084 / 04.05.16 OATE: April 5, 2016 CONTACT TELEPHQNE NUMBER FOR SERVICE: (954)499-6900 _ c� e �f �ervi�e� �- �tar�dard 1 nclusian� System Analysis a��d Review Trane will review the building automation system to minimize software problems identify and cor�ect programming errors, failed points, points in alarm and points that have been overridden. Software optimization improves system efficiency, assures compliance to specified conditions, and reduces the risk of costly and disruptive system problems. Regulariy schedwted on-site visits by Trane technicians alsa provide the opportunity to meet wi#h on-site operators, review the system and address any questions or concerns they may have. Control Laop Tunirrg Loop Tuning assures the system is operating at peak performance far the upcoming season. Operators may make manual changes during the heating or cooling season to accommodate current comfort requirements. During Control Loop Tuning, any changes that were made in previous months are reviewed and adjusted to accommodate changing seasonal conditions. The operation of inechanical loop components is verif+ed, as well. Seqt�ence of Qpsra#ion Verification Sequence of Operation Verification assures the system is operating as intended. During this assessment, unreleased manual overrides are discovered, scheduling discrepancies are corrected, and appropriate set point values are evaluated. Trac�r i�atabase Backc�p Throughout the year, changes are continuously being made to the database in response to energy efficiency, occupant comfort or operator interFace issues. Trane maintains current and arehived backups of all vital Tracer databases to expedite system recovery and restoration to the last known set-up following a catastrophic event. �:1. �-=3._ .� � ,: ,.:. WE MAKE BUILWNSS WDRN 6ETTER fURl1FE ° 02016 Trane AU rights reserved Page 1 of 9 Schedu/ed Service Agreement for BAS �`-,--�.._ ~--- Tequesta Viilage Hall BAS SA New ProposaliD:2054084 �� td�rilrlin�r Srar�rrc;:<; Sof#ware Service Pack Updates The latest service pack updates wilt be downloaded and installed to the existing software version when available. This assures the software is always up to date with the current versions that enhance usability and functionafity. Operator Coaching During regularly scheduled visits, Trane technicians will work with on-site operators to develop their skills and proficiencies to help ensure they fully understand how to effectively use the system. VAV Front-End Analysis Ensures reliable and aptimized performance of the VAV Boxes connected to your primary control system. VAV Boxes can drift, due to a number of inechanical or electrical reasons. This procedure analyses the VAV system from the front end to ensure that the spaces served by your VAV boxes are cantrolled within tolerance while maintaining a comfortable environment for building occupants. Obtair�ing Service To obtain repair service within the Scope of Services, contact your local Trane District office identified on the first page of the Agreement by calling the #elephone number stated on that page. The Trane District office identified on the first page of the Agreement is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform senrice under this Agreement. For repair service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the Scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or hoiiday rates for iabor/labour and prices for materials. Prior to Trane performing the additianal services, repairs, and/or replacements, Cus#omer may reques# a separate written quote stating the work to be perFormed and the price to be paid by Customer for the work. �:} _ Wf MAXE 8Utt0/NGS WORK 8fT►fAi4R LlFE" 02016 Trane A!I rights reserved Page 2 of 9 Scheduled Service Agreer►�ent for BAS �,�� ``M1--__`"`1°- -._ Tequesta Viliage Hafl BAS SA New �,~�""-- Proposal iD: 2054084 � �� ;:��+' {a�F.ff1D'7f),g:s�i':ittFE'!> TRANE SERYICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM C� l 1� t �3�'E: t" �� f� C� ��"� ��+� � The fofiowing "Covered Equipment" will be serviced at: 1��qca��t� 0��11�g� ��I E ui ment Q Manufacturer Model Number Annual Insp Run fns Zone Tem Sensors 14 Trane 4190-1090 1 3 Buildin Control Unit 1 Trane BMTX 1 3 AHU Controllers 3 Trane MP580/1 1 3 VAVs 13 Trane VAVs Ilitlf/IV 1 3 Rela s 12 Misc RLY2958 1 3 Actuators 6 Belimo NM24US 1 3 Current Switches 2 Kele CS1150A 1 3 Duct Humidit Sensor 2 Kele HD20K 1 3 S ace Humidit Sensor 1 Kele HW20K 1 3 Duct Tem Sensors 3 Kele ST-D24-XH 1 3 ; ,,, , �?;� . ; t t ��= WE M1U7KE BWLQl7�GS WOAK B£TTfp FOF LlFE. 02016 Trane All rights resenied Page 3 of 9 Schedu/ed Service Agreemenf for BAS 1y "'---ti..� — � "'� Tequesta Village HaII BAS SA New '"""' ProposallD:2054084 �— � :�u;trz,:�af .serylcfz:: 7RANE SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM r�c�n� �nd ACCeptanCe Douglas Chambers Site Address: Superintendent Tequesta Village Hall Village of Tequesta 357 Village Drive 357Tequesta Dr. TEQUESTA, FL 33469 Tequesta, FL 33469 U.S.A. United States Trane Service Agreement This Service Agreement for Building Automation Systems consists of the pages beginning with the page entitled "The Agreement," the consecutively numbered pages immediately following such title page, and inctudes and ends with the Trane Terms and Conditions (Service) (collectively, the "Service Agreement" or "Agreement"). Trane agrees #o inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the "Terms and Conditions," and "Scope of Services" sectians. Trane agrees to give preferential service to Customer over non-contract customers. Service Fee As the fee(s) (the "Service Fee(s)"} for the inspection and maintenance services described in the Scppe 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. Initial Contract Year Annual Amount USD Quarterl Amount USD Gontract T pe Year 1 3,520.00 880.00 Scheduled Year 2 3,520.OQ 880.00 Scheduled Year 3 3,520.00 880.00 Scheduled [� A one-time 3.Q0 % discount is offered for fuif payment of 3 year(s) in advance of the commencament of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated based upon the pre-discounted price. The discount for advance payment is not applicable to credit card transactions. Please check the box for this option. In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shal! pay to Company the balance of any amounts billed to but unpaid by Customer and, if a"Service ProjecY' is included in the Agreement, the Cancellation Fee set forth in °Exhibit A" Cancellatian Schedule attached hereto and incorporated herein, which Cancellation Fee represents unbitled labor, non-labor expenses and parts materials and components. Term The Initia{ Term of this Service Agreement is 3 years, beginning May 01, 2016 and expiring Apri130, 2019. However, Trane's obligation under this Agreement will not begin until authorized represen#atives of Trane and Customer have both signed this Agreement in the spaces provided below. _ ''� . : = r-;��: WE MANf BUILOlN&5 WORK HEi7fAfUR 1ffE'" 02016 Trane All rights reserved Page 4 of 9 Scheduled Service Agreement tor BAS -.... `---...,._ Tequesta Village Hali BAS SA New T '" `� Proposai fD: 2054084 � �;.,,.� �1��'Y�� ;;;;�� !i71f�t17f1 „'�,iCY��tfia5 Following expiration of the initial term on April 30, 2019, this Agreement shall renew automatically for successive periods of 1 year (the "Renewal Term") until terminated as pcovided herein. If you do not want to renew this Agreement for the Renewal Term, please notify Trane by telephone or by U.S. mait prior to the expiration date set forth in the preceding sentence. If any questions arise regarding this Service Agreement or how to cancel this Agreement, Trane can be reached either by telephone at (954) 499-6900 or by direct mai! addressed to: 6965 Vista Parkway North West Palm Beach, FL 33025. Ftenewal Pricir�g Adj�stment The Service Fees for an impending Renewal Term shall be the current Senrice Fees (defined as the Service Fees for the initial Term or Renewal Term immediately preceding the impending Renewal Term) annually ad}usted based on changes to the cost of service. The Service Fees for an impending Renewal Term shall be set forth in the service renewal letter furnished to Customer. Cancellation by Customer Pric�r to Services; Refund _ If Customer cancels this Agreement within (a) thirty (30} days of the date this Agreement was mailed to Customer or (b) twenty (2Q) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and if no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund ta Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Custome�'s right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. Ganceilation by Company This Agreement may be cancelled during the fnitial Term or, if applicable, a Renewal Term for any reason or no reason, upon written notice fram Company to Customer no later than 30 days prior to the scheduled expiration date and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Custamer shall remain liabte for and shall pay to Company all amounts due for Serviees provided by Company and not yet paid. i'his Agreement is sub'ect to Cu&tomer's acce tance of the attached Trane Terms and Conditians (Servicej. Submitted By: Amar Sukhai Cell: (786) 423-11196 _ > -- -- -- - Office: (561 � 683-8227 � Proposal Date: February 20, 2016 CUSTOMER AGCEPTANCE TRANE ACCEPTANCE - Trane U.S.Inc. -'''�,, - s' - .� J.- ; �.z,-�..- �r� - . Authorized Representative /' / Authorized Representative y l ��f �f�� t' � � U�� Z�� Services Sales Manager Printed Name . �,> Title Title � �? � �{/�� 'C'. t"` 4I19116 � _.. Purchase Order � Signature Date Acce tance Dake �l ' f� License Number: CACO23485 '� j a p _ Wf MANE BU$DlNGS WORK BETfEA�'ORGFE'" 02016 Trane All rights reserved Page 5 of 9 Scheduted Service Agreement for BAS `_`��'" Tequesta Village Haii BAS SA New `��'��`"� Proposai ID: 2054084 -__`.�-------_______ -.._._�______ ° 1 � �r�rtrJrr7<r Srrrr`crs r � �nd �r� �ti�r�� ( �rv�� "Gompany" shall mean Trane U.S. Inc. for Company perFormance in the Uoited States and Trane Canada ULC for Company performance in Canada. 1. Agreement These #erms and conditions ("Terms") are an integral part of Company's offer and form the basis of any agreement (the "Agreement°) resulting from Company's proposal (the "Proposal°) for the following commercial services as stated in the Proposal (coliectively, the "Services"): inspection, maintenance and repair (the "Maintenance Services") on equipmeM (the "Covered Equipment"), specified Additional Work ('rf any), and, if included in the Proposal, tnteiligent Services, Energy Assessment, Energy Performance So{utions, and any other services using remote connectivity (collectively and individually referred to in these Terms as "Energy and Building Performance 6ervices"). GOMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Aceeptanee. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized �ent {"Custome�'} delivered to Gompany within 30 days from the date of the Proposai. If Customer accepts the Proposal by piacing an order, wRhout the addipon of any other tertns and conditions of sale or any other mod'rfication, Customer's ordee shail be deemed aceeptance of the Proposat suDject to these Terms and Conditions. If Customer's order is expressiy conditioned upon Company's acceptance w assent to terms andlor conditians other than those eupressed herein, retum of such order by Company with Company's Terms and Conditions attached or referenced serves as Company's notice of objection W Customer's terms and as Company's counter-offer to pertortn in accordance with the Proposal a�d Company Terms and Corttlitions. If Customer does not reject or object in wri6ng to Company within 10 days, Company's counter-offer wilt be deemed accepted. Customer's accepfance of performance by Company will in any event constitute an acceptance by Customer of Company's Terms and Condifions. This Agreement is subject to credit approvai by Company. Upon disapproval of credit, Company may deiay or suspend pertormance or, at its option, renegotiate prices andtor Terms and Corrclitions with Customer, ff Company and Customer are unable to agree on such revisions, this Agreement shall be cancelfed without any liability, other than Customer's obligation to pay for Services provided by Company to the date of cancellation. 3. Fees and Taxes. Fees for the Services (the "Service Fees"� are as set fo�th in the Proposal. Except as othervvise stated in the Proposal, Service Fees are based on performance during regular business hours. Charges for pertormance outside Company's normal business hours shall be billed separately according to then prevailing overtime or emergency labodlabour rates. In addition to the stated Service Fees, Customer shaii pay all taxes not tegally required to be paid by Company or, aiternafively, shell provide Company wRh an acceptable tax exemption certificate. 4. Payment. Payment is due upon receipt of Company's invoice. Service Fees shall be paid no less frequently than quartedy and in advance of performance of the Services. Company reserves the right to add to any acoount outstanding for more than 30 days a service charge equal to the lesser of the maximum allowa6le legal interest rate or 1.5°!0 of the principal amount due at the end of each month. Without liability to Customer, Company may discontinue pertormance whenever payment is overdue. Customer shall pay afl costs (inGuding attomeys' fees) incurred by Company in attemptlng to collec�t amounts due or othervvise enforcing this Agreement. 5. Customer Breach. Each of the foibwing constitutes a breach by Custamer and shali give Company the right, without an election of remedies, to suspend pertormance or terminate this Agreement by delivery of written notice deGaring termina6on. Upon termination, Customer shall be fiable to the Company for ali Services furnished to date and ail damages sustained by Company {inGuding lost profit and overhead): (a) Any tailure by Gustomer to pay amounts when due; (b) any general assignment by Customer far the beRefit of its creditors, Customer s bankruptcy, insdvency, ar receivership; (cj Aoy representation or warranry fumished by Customer in connection with this Agreement is false or misleading in any material respect when made; o� (d) Any failure by Customer to pertorm or comply with any material provision of this Agreement. 6. Pertormance. Company shall pertorm the Services in accordance with industry standards generaily applicable in the state or province where Ehe Services are pertormed under similar circumstances when Company performs the Services. Company may refuse fo pertonn where working conditions could endanger property or put people at risk. Unless othervvise agreed by Customer and Company, at Customer's expense and befpre the 5ervices begin, Customer will provide any necessary access platforms, catwafks to safely perfortn the Services in compiiance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. This Agreement presupposes that ali major pieces of Covered Equipment are in proper operating condRion as of the date hereof. Services tumished are premised on the Covered Equipment being in a maintainahle condition. In no event shail Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days af this Agreement, or upon initiai inspection, andlor upon seasonal start-up (if included in the Services), if an inspection by Company of Covered Equipment i�dicates repairs or replacement is required, Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer's telephone line or network infrasiructure to connect to controis, systems and/or equipment provided or serviced by Company snd to provide Services contracted for or otherwise requested by Customer, including remote diagnostic and repair service. Customer ackrrowledges that Gompany is not responsible for any adverse impact to Customer's communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution af control or diagnostic procedures. Such devices shafl remain the personal proprietary property of Company and in no event shail hecome a fixture of Customer iocations. Customer shali not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discreUon. Parts used for any repairs made will be those setected by Company as suitable for the repak and may be parts not manufactured by Company. 7. Customer Obligatioos. Customer shalL (a)_Pro�ide Company reasonable and safe access to the Covered Equipmerrt and areas where Company is to woric; (b) Fotlow manufacturer recommendations concerf�ing teardown and intemal inspection, m&jor overhaai, restoration or refurbishing of the Covered Equipment; unless expressly stated in the Scope of Services statement, Company is not perfo�ming any manufacturer recommended teardown and internal inspection, major ovefiaul, restoretion or refurbishing of the Covered Equipment; and (c} Where applicable, unless water treatment is expressly inGuded in the Services, provide professiooat cooling tower water Veatment in accorda�ce with any reasona6le recommendations provided by Company. 8. Exclusions. Uniess expressiy induded in the Covered Equipment or the Services, the Services do not inGude, and Company shail not be responsible for or liabie to the Customer for any claims, losses, damages or expenses suffered dy the Customer in any way connected with, reiating to or arising from, any of the following: (a) Any guarantee of room conditions or system pertortnance; (6} Inspection, maintenance, repair, replacement of or services for; chilled water and condenser water pumps and piping; electrical disconnect swftches or circuit breakers; motor starting equipment that is not factory maunted and inierconnecting power wiring; recording or portable instruments, gauges or theanometers; non-moving parts or noo-maintainabie parts of the system, induding, but not timited to, storage tanks; pressure vessels, shells, cols, tubes, housings, castings, casings, drain pans, panels, duct +aork; piping: hydraulic, hydronic, pneumatic, gas, or refrigerant; insuiatiort; pipe covering; refracrory material; fuses, uniE rabinets; electrical wiri�g; ductwork or conduiY, electrical distribution system; hydronic structural supports and similar items; the appearance of decorative casing or cabinets; damage sustained by ather equipment or systems; and/or any fai(ure, misadjustment or desig� deficiencies in other equipment or systems, (c) damage, repairs or repiacement of parts ma8e necessary as a result of electricai power failure, low voltage, bumed out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of life failure, water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of CUStomer or others, damage due to freezing weather, caiamity, malicious act, or any Event of Force Majeure; (d) Any damage or malfunction resutting from vibration, electrolytic action, freezing, contamination, corrosipn, erosion, or caused by scale or sludge on intemal tubes except where water treatment proteetion services are provided by Coropany as part of this Agreemeot; — {e) Furnishing any items of equipment, materiai, or IaborAabaur, or pertorming special tests recommended or required by insurance companies or federal, state, ar local governments; {� Failure or inadequacy of any structure or foundation supporting or surcounding the equipment to be worked an or any portion thereof; � :.1 4 ,�j,f . : [ A�."i WE h9AXE HUiL�IkGS WDR(t BETTEB f0R tlFF'" 020>6 Trane Atl rrghts reserved Page 6 of 9 Scheduled Service Agreement for BAS �`""---.._ Tequesta Village Hall BA5 SA New Proposal ID: 2054084 �� II �E ::�� BuiJclr"ns� Serricr,s (g) Building access or alterations Htat might be necessary to repair or replace Customer's existing equipment; (h) The normal function of starting and stopping equipment or the opening and dosing of valves, dampers o� reguiators normaUy installed to protect equipment against damage; (i) Valves that are not factory mounted: balance, stop, control, and other valves e�ctemal to tha device unless specrEiraNy included in the Agreement; (j) Any respansibility for design w redesign of the system or the Covered Equipment, obsotescence, safery tests, or removal or reinstailation of vaive hodies and dampers; (k) Any services, daims, or damages arising out of Customers faBure to comply with its oWiga6ons under this Agreement; (I) Fadure of Customer to foilow manufacturer recommendations conceming teardown and internal inspec6on, overhaul and refurbisfiing of equipme�t; (m) Any ciaims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the prem'�ses before the effective date of this Agreement ("Pre-E�asfing Condftions"), including, without limitation, damages, losses, or expenses invoiving pre-e�sting buiiding envelope issues, mechanicai issues, piumbing issues, andJor indoor air quality issues involving mold/mould and/or fungi; (n) Repiacement of reftigerant is exGuded, unless replacement of refigerant is expressly stated as included within the Services, in which case replacement shall in no event exceed the stated percentage of reted system charge per year expressiy stated in the Services; (o) crane or rigging costs; (p) Any Services, claims, or damages arising out of refrigerant not supplied by Trane. Customer shalt be responsible for: (i) The cost of any additional replacement refrigerant; (ii) Operation of any equipment; and (iii) Any Gaims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not empioyed by or hired by Gompany. 9. Limked Warranty. Company warrants that: {a) the material manufactured by Company and prov�ed to Gustorner in perFormance of the Services is free from defects in materiai and manufacture for a period of 12 manths from the eariier of the date of equipment start-up or replacement; and (b) the IahorAabour portion of the Maintenance Services and Additional Wodc has been propedy pertormed for a pe�od of 90 days from date of complefion (the "Limifed Warranty"}. Company obligations of equipment start-up, 'rf any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is timfted to repairing or repiacing the defedive part at its option and to correcting aoy labortlabour impropedy performed by Company. No liability whatscever shall attach to Company until the Maintenance Services and Additionat Work have been paid for in fuii. 6cclusions from this Warranty inGude daims, losses, damages and expenses in a�y way connected with, related to or arising from failure or malfundion of equipment due to the following: wear and tear, end of life fai{ure; corrosion; erosion; deterioration; Customer's failure to fallow the Company-provided maintenance ptan; unauthorized or improper maintenance; unauthorized or improper parts or material; cefrigerant not supplied by Trane; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of �ost refrigerant or lost product. Some components of equipment manufaciured by Company may be warranted directly from the component supplier, in which case this Limited Warranry shail not appiy to those components and any warranty of such eompanents shail be the wananty given hy such component supplier. Nohvithstanding the foregoing, all warranties provided herein tertninate upon temiination ar cancellation of this Agreement. Equipment, material andlor parts that are not manufactured by Company are not warranted by Company and have such warranties as may be eMended by the respective manufaoturer. THE REMEDIES SET FORTH IN THIS UMITE� WARRANTY ARE THE SOLE ANp EXCLUSiVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMAANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALl OTHHR WARRANTIES AND LIABIUTIES, LtABILITIES, CONDITIONS AND REMEDIES, WHETHER 1N CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN lAW OR IN FACT, INCIUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTiCULAR PURPOSE AND/OR OTHERS ARISING PROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, PITMESS, MERCHANTABILITY, DURASILITY ANDIOR OTHfRS ARISING FROM COURSE OP DEALING OR 7RADE OR REGARDING PREVENTION BY THE SCOPE Of SERVICES, OR ANY COMPONENT THEREOF, OF MOtplMOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSIY DISClA1MS ANY LIABWTY IF THE SCOPE OP SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERiAIS. THE ENERGY AND BUILOING PERFORMANCE SERVICES ARE PROVFDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF APIY KIND. 10. Indemnity. To the maximum extent permitted by Iaw, Company and Customer shali indemnify and hoid harmless each other from any and ail ciaims, acUOns, costs, expenses, damages and liabilities, inGuding reasooabie attorneys' fees, resu�ting from death or bodily injury or damage to real or personai property, to the extent caused by the negligence or misconduct of the indemnifying party, andlor its respecGve employees or other authorized agenis in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against Gaims, damages, expenses, or liabiti6es to the eutent attributable to the acts or omissions of the other party or third paRies. If the parties are both at fault, the obligation to indemnify shafl be proportional to their relative fault. The duty to indemn'rfy and hold harmless will continue in full force and effect, notwithstanding the expiretion or eady termination of this Agreement, wRh respect to any Gaims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 11. Limitatioo of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE UABLE FOR SPECIAL, INCIpENTAL, INDIRECT, pR CONSEQUENTIAL LqSSES OR DAMAGES OF ANY KIND (INCLUDtNG WITHOUT LIMITATION REFRIGERANT LOSS, PRODUGT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITNE DAMAGES iNHE7HER BASED !N CONTRACT, WARRANTY, STATUTE, TORT QNCLUDING NEGUGENCE), STRICT LIABIUTY, INDEMNITY OR ANY OTHER IEGAL THEORY OR FACTS. NOTWITH3TANDING ANY OTHfR PROVISiQN QF THtS AGREEMENT, THE TOTAL AND AGGREGATE LIAB�LITY OF THE COMPANY TO THE CUSTOMER WfTH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCH OF THIS AGREEMENT, WHETHER BASED IN CON7RACT, WARRANTY, STATUTE, TORT (INCLUDING NEGUGENCE), STRICT LIABItITY, INDEMNITY OR ANY OTHER LEGAI THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIpD PRECEDING THE DATE OP OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE IOCATION WHERE THE LOSS OCCURREO. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (1NHETHER DIRECT OR INDIRECT) RESULTING PROM MOLDIMOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINA'I�S OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LtABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDIPlG PERFORMANCE SERVICES: INTERRUPTIflN, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEPT OR DESTRtlCT10N OP DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR CrDMMUNiCA7IOkS NETWORK. 12. Asb�tos and Hazardous Materials. The Services expressly exciude any ident�cation, abatement, cleanup, conirol, disposal, removal or other work connected with asbestas polychlorinated biphenyl ("PCB"}, or other hazardous materials (collectively, "Hazardous Materiais°). Customer warrants a�d represents that there are no Hazardous Materials on the premises that will in any way affect Company's performance, except as set forth in a writing signed by Company disctosing the existence and Iocation of any Nazarclous Materials in all areas within which Company will be pertortning. Shouid Company become aware of or suspect the presence oP Hazardous Materials, Company may immediately stop work in the affected area and nofrfy Customer. Customer will he responsible for correcting the condition in accordance with ail appiicable laws and regulations. Customer shall be exciusively responsible for and shal{ irxiemnity and hold harmiess Company (induding its employees, agents and subcontraetors) from and against any loss, Gaim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof, arising out of or relati�g to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shail be required #o resume performance only in the absence of Hazardo�s Materials or wh+en the affected area has been rendered harmiess. In no event shall Company be qbiigated to transport or handle Hazardous Materials, provide any notices to any govemmental agency, or examine the premises site for the presence of Hazardous Materiais. 13. tnsurance. Company agrees to maintain the foltowing insurance during the tertn of this Agreement with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,o00,D00 per occurrence { z. .� �" !i4 . rr,`,-. X�� "-i". WE MAKE 8UllDlNGS WORlf BEfiER f0R 1/fE." 02096 Trane Atl righfs reserved Page 7 of 9 Scheduled Service Agreement for BAS °-`'°'�--__-..�_--�.., '�°---.._�,�� Tequesta Village Haii BAS SA New ._. �_� Proposal I D: 2054084 .--- °----_._..._. _.... � �ta'IfC}%7Bt� tiPYfilC;t'S Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Compa�y will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial Gerreral Liab�ity policies. In no event does Company or its insurer waive rights of sutrrogation. 14. Force Majeure. Companys duty to perFortn under this Agreement is contingent upon the non-occurrence of an EveM pf Force Majeure. If Company is unabie to carcy out any material obligation under this Agreement due to an Event of Force Majeure, this Ag�eement shait at Campany's election (i) remain in effect 6at Company's obiigations shali be suspended untii the uncontrollable event terminates or (ii) be terminated upon 10 days no6ce to Customer, in which event Customer shall pay Company for all parts of the Services fumished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the conhoi of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of ferrorism, war or the public enemy; Flood; earthquake; lightning; tornado; stoRn; fire; civil disobedience; pandemic; insurrections; riots; labwllabour disputes; �aboNlabour or material shortages from the usual sources of supply; sabotage; restraint by court order or pubiic autharity (whether valid or invalid), and action or non-action by or ina6ility to obtain or keep in force the necessary governmental authorizatio�s, permits, licenses, certficates or approvals 'rf not caused by Company; and the requirements of any _ applicable govemment in any manner that diverts either the material or the flnished product to the direct or indirect benefit of the government. 75. Maintenance Services Other Than Solely Scheduled Service. If Company's Maintenance Services hereunder are not limited solely to Schedufed Service, the toliowing provisions shall also apply: (a) Required restoration shall be pertormed by Customer at its cost prior to Company t�eing obligated to perform hereunder, (b) any changes, adjustments, senrice or repairs made to the Equipment by any party other than Company, unless approved by Company in writing, may, at Company's option, terminate Company's oWigation tp render further service to ihe Equipment so affected; in such case no refund of aoy portion of the Service Fees shall be made; and (c) Customer sha0 (� promptly notiry Company of any unusual performance of Equipment; (ii) permit oMy Company personnel to repair or adjust Equipment and/or cartrols duriFlg the Term or a Renewal Term; and (iii) utilize quaiified personnel to propedy operate the Equipment in accordance with the appiicabie operating manuals and recommended procedures. 16. Remote Connectivityr. Customer grants to Company the right to remotely connect (via phone modem, intemet or other agreed upon means) to Customer's buiiding automation system (BAS) and or HVAC equipment to view, extract, or othervvise collect and retain data from the BAS, HVAC equipment or other building systems, and to diagnose and remotely make repairs at Customer's request The IntelligeM Services, inGudi�g any reports and other information Company provides, are intended to provide operatlonal assessments and recommendations. Electronic Monkoring. Any electronic monitoring Compa�y performs is undertaken soleiy to enabie Compa�y to coilect the data and pertorm any analysis included in Company's Services. Customer agrees that Company is not liable for inability to pertorm andlor losses that may occur in cases of malfunction or �onfu�ctioning of communicetions equipment, HVAC and oiher equipment, the energy management system, failure to identify equipment or system pertormance issues, failure to recommend corre�tive ac6on, or otherwise related to the monitoring of Custome�s equipme�t and bui�ding systems. Data Collected. Customer hereby grants to Company the irrevocab{e, petpetuai, nonexGusive, woddwide, royalty-free right and license to use, repmduce, display, distribute intemally or extemaliy and prepare deriva6ve works based upon any such data Company coliects from Customer. Company shall �ot use or pubtish such data in any way that ident�es Customer as the source of that data without Customer's pdor written consent. The data Company will collect from Customer wiil not inGude any personai or individuat information. Upon Customer's written - request, Company will endeavor to provide an electronic copy of data collected from Customer, subject to evailability. For Energy and Building Pertormance Services (except Energy Assessments and digital assessments}, Company will use commercially reasonable efforts to store Customers data for up to 16 months. Company cannot guarantee the availability of the dafa. DaNa Privacy and Security. Company has impiemented various security measures for the purpose of protecting Customer's data against accidentai or unlawfui access, unauthorized disciosure, loss, destruction, and alteration. Customer is responsible for maintaining the confidentiality of Customer's user name(s) and passurord(s). Customer is responsible for al1 uses of Cuatomer's password(s), whether or not authorized by Customec Customer musi inform Company immediately of any unauthorized use of Customer's user name(s) or password(s). Transmission of data over the Internet by its nature entatls the use of systems under the control af third parties, and as a result Company cannot ensure total control of the secudty of such systems. Company wiil take commerciaily reasonable effoRs to ensure that data and other configuration parameters are not visible or accessed by other customers. Customer acknowledges that the very nature of communication via the Intemet restricts Company from offering any guarantee of the privacy or confidentiality of information relating to Customer passing over the intemet. In gaming access via the Intemet, Customer also acknowiedges and accepts that electronic communication may not be free from interference by unauthorized persons and may not remain confidentiaL Customer therefore accepts that access and storage of data is at Customer's own risk. Compeny will nofrfy Customer of any breach in security of which Company become aware. Any breach in privacy of which Customer become aware should be reported by Customer to Company immediately. Company does not disciose Customer's information to third parties for their marketing purposes, but Company does use third party software and setvices to assist Company with coliecting and analyzing information. Company may also disclose Customer's information if required ro do so by law, in which case, Company would inform Customer of such disclosure. 1Z General. Except as provided below, to ihe maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accorcJance with the laws of the state or province in which Company pertorms the Services. Any dispute arising under or relafing to this Agreement shafl be decided by iitigation in a court of competent jurisdiction Iocated in the state or province in which the Services are performed. To the e�Aent the premises are owned and/or - operated by any agency of the United States Federal Govemment, determina6on of any substantive issue of law shail be according to ths United States Federal common law of Govemment contracts as enunciated and app}ied by United States Federei judicial bodies and boards of contract appeals of Me United States Federai Govemment. This AgreemeM contains ail of the agreements, representaGons and understandings of the parties and supersedes afi previous understandings, commitments or agreements, oral or written, related to the Services, If a�y term or condition of this Agreement is irtvalid, illegal or incapable of being enforced by any rule of law, alf other Terms of this Agreement wili nevertheiess remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may rmt assign, transfer, or convey this Agreement, or any part hereof, without the writte� consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their pertnitted successors and assigns. This Agreement may be executed in several c4unterparts, each of which when executed shali be deemed to be an originai, but all together shail wnstitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts sha�i sutfice as an original. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. No fai�ure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed fo be a waiver by the Company of any right or remedy. 18. Equal Employment ppportunity/Affirmative Action Ciause. Company is a tederal contractor that complies fuliy with Executive Order 11246, as amended, and tt�e applicabte reguiations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulatioos contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the appiicable regulatians contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the noGce of empioyee rights In the Unked States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicabie Provincial Human Rights Godes and employment law in Canada. 19. U.S. Government Services. The foliowing provision applies only to direct sales by Company to the US Government. The Parties acknowledge that - all items or services ordered and delivered under this Agreement are Commercial items as defined under Part 12 of the Federal Acquisition Regulatioo {FAR). In particutar, Company agrees to be bound only by those federel contracting Gauses that app�y to "wmmercial" suppliers and that are contained in FAR 52.212- 5(e)(1). Company compiies with 52219-8 or 52.219-9 in its service and installation contracting business. The foliowing provision appliea oniy Yo indirect r: :. !;:� .'5:5. .':^, p � � ' Ym p '' WElNAKE BU1tU1NGS WORi( BE71� FOALlfE.° 02016 Trane Al! rights reserved Page 8 of 9 Scheduled Service Agreement for BAS "'---__�.,� Tequesta Village Hall BA5 SA New Proposal I D: 2054084 -.._'""�,--- ---_-�._ .. �� etalc�rrr�7 Ser;�ica:, saies by Company to the US �overnmant As a Commercial Item Suhcontraotor, Company accepts oniy the (olfowing mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. Government conVact, Customer certrfies that it has provided and will provide current, accurate, and complefe information, representations and ceRifications to all govemment officials, induding but not limited to the co�tracting officer and officials of ihe Small Business Administration, on all matters reiated to the prime contract, including but not limited to all aspects of its ownership, eNgibility, and performance. Anything herein notwithsianding, Company wilf have no obligaUons to Customer urtless and until Customer provides Company with a true, correct and compleie executed wpy of the prime contract. Upon request, Customer wiil provide copies to Company of aH requested written communicatians with any government official related to the prime contract prior to or concurrent with the execufion thereof, inciuding but not limited to any communications retated to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization aad approval from Company prior tn providing any government official any information about Companys performance of the Services that are the subject of the Propasal or this Agreement, other than the Proposal or this Agreement. 20. Limited Waiver of Sovereign Immun"ity. if Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Ganada), Customer, whether ading in its capacity as a govemment, governmentai entity, a duly organized corporate entity or otherwise, for itself and for ds agents, successors, and assigns: (1) hereby provides this limited waiver or its sovereign immunity as to any damages, ciaims, lawsuit, or ca�rse of action (herein "Actioo°) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contraot, tort, strict Iiability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is perfortning this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly epnsents to such Ac6on, and waives any objection to jurisdiction or venue: (4) waives any requirement of exhaustion of hibal court or administrative remedies for any Action arising out of or retated to this Agreement; and (5) express�y acknowledges and agrees that Gompany is not subject to the jurisdiction of Customer's fibal court or any similar tribal forum, that Customer wiil not bring any action against Company in tribai court, and that Customer wiii not avail itself of any ruling or direction of the fribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing o� behalf of Customer warcants and represents that such individual is duty authorized to provide this waiver and enter into this Agreement and that this l�qreement constitutes the valid and legaily bi�ding ob{igation of Customer, enfwceable in accordance with its terms. 1-26.130-7 {0415) Supersedes 1-26.130-7 (1114) >. ji ;«i� WE MAREBU71171NGS WORK 8ET1ER FOF LlFE'" 02016 Trane All righfs reserved Page 9 of 9 Scheduled Service Agreement for BAS � - — ��"��i,r:iFe � : �, ui-:r—.. . ' Safety � Customer Service Flows � . �� , �� , �� _ -� . ��:::._� ,,,, �� i ��° ��, �M �k:�;��i' 7' _�� } .��.�. �.{: �� .:. �. �_...,...��.. '��t'_��:�':�.'...'r,fa.':,Y:>__S!. _i5Z".fi,, :t'� �'s1AKF B(IJ!_lJ1NCS 4t�{7Rti BET'1"EF Fl�R CiFt" --__ �`_ °- �_____�v. --___..� _�� _,�,_.__..------`""" .--�_:, � — l3uilC9irtr! S:.-'riEiCt?e, � �� ti . *r ; i'.^ ; a �"r�ne's �,afefiy Standard Trane is committed to providing a safe work environment for all employees and to preventing accidents in its business operations. To accomplish our objectives Trane has instituted safety programs, procedures and training that incorporate a progressive approach to injury prevention. �'ra�rer� �afety Su�cess Trane's safety culture in North America is unparalleled in the building services industry and has demonstrated proven results via continuaus reduction of injury rates. Trar�e Injury R��e� v. indu�try ��mp�tit�rs Since 2003 the US Bureau of Labor Statistics records reflect Trane's Total Recordable Rate (TRIR) and Days away from work (DAFW) rate have been significantly lower than HVAC repair and maintenance contractors and Specialty Trade contractors (construction).Trane's safety culture in America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. Trane's incident (OSHA} rates are consistently 50-70°!o below the industry average. This outstanding safety achievement is the end result of the rigorous team oriented approach to our safety program that creates accountability and empowerment in all employees and management and fuels our institutional safety cufture. This is the key to our continual improvement. �afety �`�al�, i`rairring � Ex�e�tise Trane's service and contracting technicians are not only among the most skilled in the industry they are also extensively trained in safe work procedures. Our technicians receive safety #raining, equipment, tools, procedures, and management suppact to identify jobsite hazards and take appropriate measures to prevent personal injuries. The resources available to Trane technicians include: • Safety Training — 20 hrs per year, including classroom and web-based platfarms. -Topies indude, but are not limited to, Lockout/Tagout, Confined Space Entry, Hazard Communica#ion, Respiratory Protection, Hearing Conservation, Excavations, Scaffolding, Rigging, Powered Industria! Truck operation, Ladders, Vehicle Safety, Fire Protection, PPE, Emergency Response, First Aid / CPR. • Electrical Safety — NFPA 70E compliant — electrical PPE; flame-resistant ciothing; training. • Fall Rrotection — Trane provides full complement of fall arrest and fall restraint equiprnent for each technician. ;;� . " -. � Wf MAXf 6UtLDlN6S WORX BfTTfR f0R UFf.'" °�-.�.._ _ _.�._..,_.�--�--_. '_""--°�� -°""- r3u?ir'irttt ,>et°sr:t; �r:� S�fe�� Tools, Training � Expertise (cantinuec�) � Ergonomics — Custom-designed for HVAC field technicians, includes iraining, material handling equipment and procedures. • Smith System Safe Driving Program — Trane's safety Managers are certified instructors; safety Managers train technicians; 1-800 "How's My Driving?" stickers are located on the back of service vehicles. s USDOT compliance — technicians scheduled within Material of Trade and Hours af Service limits and are fully qualified under Department of Transportation rules for driving commercial motor vehicles with GVWR >10,000 and 26,000 Ibs. - Refrigerant Management — Senrice technicians are trained to manage refrigerant in accordance with U.S. Enviranmental Protection Agency (EPA) rules using a sophisticated electronic tracking system developed by Trane. • Empawerment - Technicians are empowered with full management support to address safety hazards as they see fit. If ever in doubt about how to do a job or task safely, the technician is required to ask a qualified person for assistance before proceeding with work. �ar�a��m�n� L.e�ders�ip ��d Comr�itrrt�nt Accident prevention is a primary responsibility of management at Trane. Trane's safety cutture is based on the following managernent princip(es: • Leadership at the local level manages the local organization's safery perfarmance. • Management is financially accoun#abie for safety performance. • Local management is actively engaged in risk reduction activities and training and manages safety performance outcomes. � Management clearly communicates ta all Trane employees their safety expectations and strongly enforces campliance with those expectations. • Employees are held accountable when they fail to meet safety expectations. Local management and supervisory personnel at the local level are responsible for implementation of the following safety program etements: • The Safety Management System developed by Trane — developed in accordance with OHSAS 18001. � Audits and Inspections — Supervisors, Middle and Upper Managers must conduct field inspections. Corporate Safety conducts detailed compliance and management systems audits. ■ Company safety compliance programs — Ensure that they are fully implemented. • Safety and environmental performance — Tracked using a Balanced Scorecard with leading and lagging indicators and metrics. • Subcontractor Qualification — Implement this process to promote safety and safety plan compliance on multi-employer job sites. • Six Sigma and Lean — Use these productivity tools to enhance safety on job sites. � Drug and Alcohol Policy — Mandatory DOT required for-cause and post-accident testing after recordabie injuries and property damage. • Motor Vehicle Records Search —Annual checking driving records of employees who drive company vehicles. Jobsite Safety Equals Customer Value At Trane safety is part of our culture for every employee. What this means to our customers is fewer jab site accidents and the delays and liability concerns that come along with them. What this means to our staff is greater confidence in the practices and procedures they use on the job and the pride that comes from working for one of the premier service organizatio�s in the world. Tighter safety standards and fewer accidents ean also fead to better on-time project completion and higher quality results. When you use Trane Building Services to install, maintain or upgrade your building systems you wiil take fufl advantage of our superior safety program, !ow incident rates and subcontractor safety management procedures. These help you manage project risk more effectively than you could using multiple contractors or even a single prime contrac#or with a less impressive safety record. s;� _ "!' ;� :: �— �" x� .�." WE MAKEHttItDMGS WORX B#TTER FQRLlFE." ADDENDUM Public Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any exempt or conf'idential records associated with this Agreement or associated with the perfarmance of the work described in the Scope of Services are not disclosed except as � authorized by law. Finally, the Contractor shall retain the records described in this paragraph throughaut the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, a11 such records in the possession of the Contractor and destroy any duplicates thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems.