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HomeMy WebLinkAboutAgreement_General_11/10/2016 (5) TRANE i . • i i i i low SERVICE PROPOSAL FOR; Tequesta Parks & Recreation 399 Seabrook Rd. • TequeSta. FL 33469 U.S.A. ` r @ SITE ADDRESS a Tequesla ParkS & Ret� 399 Seabrook Rd ' Taquesta, Ft. 33469 United States ' * LOCAL TRANS Of. ' ' Trane U.S. Inc. . , 6965 Vista Parkway Nort • West Palm Beach, FL 3 LOCAL TRANEREPRESENTA a , – Amar Sukhai Cell: (786) 423AI96 �� -- Office: (561) 683 -157i PROPOSAL 101 AGREEMENT NUMBER: 2156284 US COMMUNmES CONTRACT: USC 15-J LP -02 �I US COMMUNITIES PROPOSAL: - X10- 43965$ -16 -005 �- DATE: - ' yr Rim Aurio 23 2016 y, — WE MAKE SMOAVO WWK &MER FOR L IFE Building Services TR.ANE SCHEDULED SERVICE AGREEMENT Executive Summary Thank you for choosing Trane Building Services as your HVAC support partner. We are committed to working with you to help you ensure your building serves the needs of your organization. The details of that commitment are in the folio-Ming pages. A Trane Scheduled Service Agreement will provide planned maintenance for your HVAC systems. The agreement assures that factory recommended services are executed on scheduled intervals. Beyond the benefits of a typical service plan. a Trane Scheduled Service Agreement can deliver enhanced value through an optional Performance Package. Trane is continuously collecting data from your HVAC system that can be streamed into a report to provide insight into the overall performance of your building. Based on a professional analysis of the report's findings. we can demonstrate opportunities for improvement, and recommend actions to help you achieve performance objectives for energy usage. operational efficiency, environmental impact, air quality and more. Additionally. as a Trane customer you can count on. ® Priority Response — as a Trane Service Agreement customer you will have service priority. above time and materials customers. ! t 0 Advanced Diagnostics — Trane proprietary applications and ►f technologies equip technicians to analyze system performance and make actionable service recommendations. 2 Trane OEM Service Delivery — ensures the right services are completely and consistently performed to keep your equipment running efficiently and reliably. M Dedicated Trane Service Team — a local service team consisting of a Service Coordinator, one or more Service Technicians and an Account Manager, all of whom will be familiar with your service requirements, your HVAC equipment and your facility. WE VALUE THE CONFIDENCE YOU HAVE PLACED IN TRANE AND LOOK FORWARD TO WORKING WITH YOU. Nf MAKE 9WOM" i1PAX BETTER FOR L1fF'" 1 M Building Services TRANE SCHEDULED SERVICE AGREEMENT Added `value Proper maintenance can save an estimated 12 18` i' of your budget compared to a run -to -fail approach. A Service Agreement is structured to help you capture those savings art -warch has shown that regular maintenance can: Cut unexpected breakdowns t)y ................ Reduce &m time by ... , .... S Lower equipment repairs and maintenance casts by ...... Reduce energy consumption by ........ .............. In addition to financial value. when you partner with Trane you can expect: t.�,y Dependability and Consistency Assigned Service Team - Your service team will consist of our professional Service Coordinator. Service Technicians, and Account Manager with extensive HVAC experience. Our technicians have a thorough understanding of controls, heating. refrigeration. and airside systems. Priority Response - Royal Poinciana Chapel Inc will receive preferred service status. Priority Emergency Response is available on a 24 -hour- per -day basis. Automated Scheduling System - Trane utilizes a computerized scheduling program to ensure that all services Included in the agreement are performed. 0 Superior Service Delivery Trane's OEM Service delivery Process ensures consistent quality through: • Uniform service delivery • Pre -job parts planning • Documented work procedures • Efficient and economical delivery of services • Emphasis on Safety & Environments WE 41 8t1lLDrNGS Yt VAC 8F! V? WR Uff rR NE Building Services Superior Service Delivery (continued) Service Work Flow - Trane's industry exclusive service flow process includes detailed procedures that identify steps for. safely, parts, materials, tools, and sequence for execution. Trane's procedures also include steps for safety. quality control, work validation, and environmental compliance. This process assures a complete service event. No critical steps are skipped or lost. Systems serviced in this way offer a higher degree of reliability and k operational longevity. Trane's exclusive service procedures deliver superior service and most reliable outcomes at the most cost- effective price Where applicable, Trane's exclusive service process meets or exceeds ASHRAE 180 -2008 Standard Practice for Inspection and Maintenance of CcIrnrnercial Building HVAC Systems. Trane's proprietary program is unequalled in the industry. Knowledge Transfer E Documentation - Work performed on your equipment will be documented by the technician and reviewed with you at the completion of each visit. Operational System Optimization - Trane Technicians will review operating sequences and practices for the equipment covered by the agreement and advise you of operational improvement opportunities. Training for Facility Staff - Concurrent with annual start-up, your Trane Technician will instruct your operator how to operate the equipment covered by the agreement. © Health and Safety Safety Management Program - Trane Building Services employs several full time Occupational Safely and Health Administration (USHA) 30 -hr certified safety managers who are available to perform safety consultations related to the service performed at your site. Our Safety Management Program includes monthly safely training for all Trane Budding 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 -hr certified, or equivalent with yearly retraining on all key occupational safety and health topics. Most of our technicians have participated in - Smith Safe" driver training and are Department of Transportation ('DOT) Hazmat certified. They are provided with up to date personal protective equipment (PPE), training on its use and limitations, and FR protective apparel. Trane maintains an industry leading position in National Fire Protection Agency (NFPA) 70E Electrical Safety, technician ergonomics and fall protection programs. Drug -Free Workplace - Trane service maintains a Drug -Free Workplace, with a robust drug and alcohol testing progra m Building Services Q Environmental Management Refrigerant Policy - Trane Building Services practices and procedures are compliant with all Federal and State laws and regulations concerning the proper handling, storage, and repair of leaks of ozone - depleting refrigerants and their substitutes according to Environmental Protection Agency regulation 40 CFR Part 82. Trane service technicians are Universal- certified and use only certified recovery equipment. Refrigerant Management Program - Trane Building Services maintains and uses Trane Refrigerant Management Software (RMS) to capture. manage and report Refrigerant Activity. The Refrigerant Activity Report Form is used by the technician to record all refrigerant activity that has occurred on each piece of equipment. The form data is entered into RMS after it is submitted to and checked by central office personnel. Annually, Trane prints a report from RMS of all Refrigerant activity that has occurred at each site. The report details all refrigerant activity performed by Trane Building Services Technicians for each piece of equipment, and can be used to satisfy reporting requirements Oil Disposal - Trane Building Services removes used oil from your refrigeration units and disposes of it in accordance with applicable environmental regulations. Trane has a national contract with a leading provider of used oil services to recycle used oil where allowed and properly dispose of used oil which does not meet recycling requirements (in states Vrhere used oil is a hazardous waste, Trane will remove used oil from refrigeration units for the customer to arrange disposal). Ll Trane Intelligent Services With an active Trane service agreement and Tracer TIII Building Automation System or other qualified controls, you are eligible for Trane Intelligent Services ('TIS). A revolutionary integration of technology and Trane professionals. TIS monitors, analyzes and acts to improve the performance of building systems to support your business mission_ There are many TIS offers that serve a range of needs: Alarm Notification, Budding Performance. Energy Performance, Energy Assessment and Active Monitoring. These may be customized to meet your unique requirements. In addition to Alarm Notification, this proposal also includes the following Trane Intelligent Services offers: Tequesta Parks and Recreation Scheduled MeclV Service Agreement 3Yr_ Proposal ID: 2155909 71 Th e Ag TRANE SCHEDULED MECHANICAL SERVICE AGREEMENT ,. SERVICE PROPOSAL FOR: Tequesta Parks S Recreation 399 Seabrook Rd. Tequesta. FL 33469 U.S.A- _ SITE ADDRESS: 'lopm^ Tequesta Parks & Rec 399 Seabrook Rd Tequesta. FL 33469 " United States or LOCAL TRA OFFICE I.r a Trans U.S. Inc. 6965 Vista Parkway North #11 West Palm Beach, FL 33401 LOCAL TRANE REPRESENTATIVE. Amar Sukhai Cell: (786) 423 - 4196 Office: (561) 683 -1521 PROPOSAL 10,AGREEMENTNUMBER: 2156284 US COMMUNIT CON T RAC T. USC 15- JLP -02 US COMMUNITIES PROPOSAL 40- 439658- 16-005 DATE August 23. 2016 "YE iilQXZ• llfliltJlJY'. S 19K)f+X � I i [!� 11JR ! rf I 02016 Trane AN rights reserved Page 1 of 12 Scheduled Service Agreement Tequesta Parks and Recreation Scheduled Mechanical Service Agreement 3Yr. Proposal ID: 2155909 TJME Building Services TRANE SCHEDULED SERVICE AGREEMENT Scope of Services — Standard Inclusions Provided in your Scheduled Service Agreement: ® Trane Scheduled Maintenance Scheduled number of specific service events and associated labor performed during Trane normal business hours as outlined in the Equipment Coverage and Services section of this Agreement. Basic materials and supplies determined necessary by the Trane Technician for the normal performance of Scheduled Maintenance are covered by the annual fee and include grease, cleaning solvents, and wiping cloths. 0 Refrigerant Management This scope includes: • Refrigerant Replacement at 0% of Charge per unit per year • Trane Technicians will capture and track all refrigerant activity performed by Trane for each piece of Covered Equipment • Refrigerant Usage Reports can be generated annually Trane Laboratory Analysis The Trane Chemical Laboratory performs routine analysis and trending of oil, absorption solutions, and refrigerants as required. Equipped with this knowledge and Trane's extensive experience we can identify and head off potential system failures more definitively than service providers who depend on third party testing laboratories. Obtaining Service To obtain repair service within the Scope of Services, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. The Trane District office identified on the first page of the Agreement is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For repair service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the Scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor /labour and prices for materials. Prior to Trane performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 02016 Trane All rights reserved Page 2 of 12 Scheduled Servxe Agreement Tequesta Parks and Recreation Scheduled Mechanical Service Agreement 3Yr Proposal ID: 2155909 40 MME Building Services The following is an overview of the Scope of Trane's services to be performed on Covered Equipment. Items marked are included in this agreement. Annual Maintenance Inspection (1) on all equipment listed Bi- Annual Operating Inspections (1) on all equipment listed Scheduled Maintenance Labor Scheduled Maintenance Parts and Materials Emergency Repair Parts and Materials (labor provided at prevailing hourly rate) - included in full coverage option Emergency Repair Labor: Repairs will be performed on covered equipment during Trane regular business hours. - included in full coverage option Overtime Repair Labor for Emergency Failures (outside Trane regular business hours) - included in full coverage option Refrigerant Replacement 10% of Charge per year - included in full coverage option Refrigerant Usage Departing Please Note: Overtime Labor for Scheduled Maintenance, requested by customer, to be performed after regular Trane business hours, will be billed at $60.00 per hour, per technician. Specifically excluded under this agreement: • 10 Year Overhaul or 10 yean hour R'Newal Service if applicable Repairs due to corrosion or erosion of equipment • Maintenance or repair of non - maintainable items (i.e. Piping, valves, insulation) • Power wiring. disconnect switches and circuit breakers • Crane or special rigging service required for repairs • Repairs resulting from acts of god (hurricanes. lightning etc) (c:: , 2016 Trane All rights resefved Page 3 of 12 Scheduled Serv. -ce Agreement Tequesta Parks and Recreation Scheduled Mechanical Service Agreement 3Yr Proposal ID: 2155909 40 E Building Services TRANE SCHEDULED SERVICE AGREEMENT Equipment Coverage and Services I The following "Covered Equipment" will be serviced at: Tequesta Parks & Recreation Mechanical System: E ul ment Qty Manufacturer Model Number Serial Number RTU -1 1 Bard PA13362 -A 281M092660031 -1 RTU -2 T Bard PA13482 -A 288LO92652821 -1 RTU -3 1 Bard PA13362 -A 288MO92659297 -1 RTU -4 1 Bard PA13482 -A 288A102678150 -1 RTU -5 1 -- Bard PA13362 -A 281MO92660026 -1 i UNIT -6 Wall Mount I Bard We 309PO926772208 -02 UNIT -7 Mini-Split 1 ]Sanyo C3622 0018351 Description Quantity Per Term Annual Factory Recommended Maintenance 1 Bi- annual Operational Inspection 1 @2016 Trane All rights reserved Page 4 of 12 Scheduled Servioa Agreement Tequesta Parks and Recreation Scheduled Mechanical Service Agreement 3Yr. Proposal ID: 2155909 rJMNE Builtfirsg Services TRANE SCHEDULED SERVICE AGREEMENT Customer service Flows SUN {T • j • � � . The following Customer Service Flows provide additional service description detail for Covered Equipment. Mote: There may be differences per the agreement in the work being performed between sites and the equipment on those sites. Mechanical System: Condenser Annual Maintenance Description • Customer Notification • Initial Site Inspection • Review Diagnostics • Verify Line Voltage • Lock Out Tag Out vfiere applicable • Acid Test • EleclricalInspection • Condenser Fan Check • Visual Condenser Coil Check • Low Temperature Sensor Calibration • Leak Test Inspection • Meg Compressor Motor(s) • Condenser Coil Cleaning • Remove Lock Out Tag Out and Restore Power • Start Unit • Complete Required Paper Work 02016 Trane All rights reserved Page 5 of 12 Scheduled Service Agreement Tequesta Parks and Recreabon Scheduled Methno3l Service Agreement 3Yr. Pro ID: 2155905 rJNNE Building Services Air Handier Annual Maintenance Description • Customer Notification • Initial Site Safety Inspection • Visual Equipment Inspection • Lock Out Tag Out • Electrical Inspection • Supply Fan and Motor Inspection • Meg Supply Fan • Condensate Drip Pan Treatment • Condensate Inspection • Air Handler Filter Inspection • Return Unit to Normal Operation • Manual Log With Electronic Device Air Handler Quarterly Maintenance Description • Check the general condition of the unit • Verify proper operation of the motor and starter. • Verify proper operation of the control circuit. • Verify smooth operation of the unit. • Provide a written repo t of completed work. operating log. and indicate any uncorrected deficiencies detected. Condenser Quarterly Maintenance Description • Check the general condition of the unit. • Verily proper operation of the condenser fan motor and compressor_ • Verify proper operation of the control circuit. • Verify smooth operation of the unit. • Provide a written report of completed work. operating log. and indicate any uncorrected deficiencies detected. 02016 Trane All rights resefved Page 6 of 12 Scheduled Serwoe Agreement Tequesta Parks and Recreation Scheduled Mectk - inim. I Service Agreement 3Yr. Proposal ID: 2155999 rMWE TRANE SCHEDULED MECHANICAL SERVICE AGREEMENT Pricing and Acceptance Douglas Chambers Site Address: Superintendent Tequesta Parks & Rec Tequesta Parks & Rec 389 Seabrook Rd 399 Seabrook Rd Tequesta, FL 33469 Tequesta. FL 33469 United States United States Trane Service Agreement This Service Agreement consists of the pages beginning with the title page entitled `The Agreement. the consecutively numbered pages immediately following such tide page. and includes and ends with the Trane Terms and Conditions (Service) (collectively, the `Service Agreement" or "Agreement'). Trane agrees to inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the "Terms and Conditions," and "Scope of Services" sections. Trane agrees to give preferential service to Customer over non - contract customers. Service Fee As the fee(s) (the "Service Fee(s)') for the inspection and maintenance services described in the Scope of Services section with respect to the Covered Equipment, Customer agrees to pay to Trane the following amounts, plus applicable tax, as and when due. OUR PRICING USES THE US COMMUNITIES CONTRACT 15-JLP -023 PRICING STRUCTURE ANO APPROVED RATES. Mechanical Straight Time $1321Hr Overtime $198JHr Holiday $2641Hr Contract Year Annual Amount fBi- Annual Contract T ype Year -1 $3,604 $1,802 Mechanical Inspection Onl Year -2 $3,604 $1,802 Mechanical Inspection Ord Year -3 $3,604 $1,802 Mechanical Inspection Ord Q A one -time 3.00 % discount is offered for full payment of t year(s) in advance of the commencement of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated based upon the pre - discounted price. The discount for advance payment is not applicable to credit card transactions. Please check the box for this option. In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer and, d a "Service Project" is included in the Agreement. the Cancellation Fee set forth in `Exhibit A' Cancellation Schedule attached hereto and incorporated herein, which Cancellation Fee represents unbilled labor, non -labor expenses and parts materials and components Term The Initial Term of this Service Agreement is 3 years, beginning October 1, 2016 and expiring September 30, 2019. However, Trane's obligation under this Agreement will not begin until authorized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. 02016 Trane All rights reserved Page 7 of 12 Scheduled Service Agreement Tequesta Parks and Recreation Scheduled Mechanical Service Agreement 3Yr. Proposal ID: 2155909 7INKE Building Services Following expiration of the initial term on September 30, 2019, this Agreement shall renew automatically for successive periods of 1 year (the "Renewal Term - ) until terminated as provided herein. If you do not want to renew this Agreement for the Renewal Term. please notify Trane by telephone or by U.S. mall prior to the expiration date set forth in the preceding sentence. If any questions arise regarding this Seance Agreement or how to cancel this Agreement, Trane can be reached either by telephone at or by direct mail addressed to: 2884 Corporate Way Miramar, FL 33025. Renewal Pricing Adjustment The Service Fees for an impending Renewal Term shall be the current Service Fees (defined as the Service Fees for the initial Term or Renewal Term immediately preceding the impending Renewal Terra) annually adjusted based on changes to the cost of service. The Service Fees for an impending Renewal Term shall be set forth in the service renewal letter furnished to Customer. Cancellation by Customer Prior to Services; Refund If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and if no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ben percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company, Cancellation by Company This Agreement may be canceled during the Initial Terra or, if applicable, a Renewal Term for any reason or no reason, upon written notice from Company to Customer no later than 30 days pnor to the scheduled expiration date and Company will refund to Customer, or credit Customers account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. This Agreement Is subject to Customer's acceptance of the attached Trane Terms and Conditions (Service). Submitted By: Amar Sukhai Cell_: (786) 423.4196 Office: (561) 683 -1521 Proposal Date: August 23, 2016 CUSTOMS ACCEPTANCE TRANE ACCEPTANCE Authorized presentative Authorized Representative P Iobl (bf UToLn Printed Name Title: Services • Account Manager rove o✓' Signature Date: August 23, 2016 Purchase Order Acceptance Date 1 \--to '` li,, _ Licen N umber: CAC 02016 Trane AN rights reserved Page 8 of 12 Scheduled Service Agreement Tequesta Parks and Recreabon Scheduled Mechanical Service Agreement 3Yr_ Proposal I0: 2155909 7 V"E Burydrng Services Terms and Conditions (Service) -Company" shall mean Trans U.S. Inc. for Company performance in the United States and Trans Canada ULC for Company pedorna nce in Canada. 1. Agreement tr 6 terms and conditions ('Terms "), are an mta" part of Companyys otter and form ft+e basis of any agreement (the'AgreemenC) resulting horn Company's prop -c al tthe 'Proposal') for the followog comer" r'cial service% as anted in 7,e Prnp%al (collectively. the 'Servrc"'i irmPer't o n. maintenance and repair (the - iilenlartance Services') on equipment i Equipment'), specaied Additional Work td anyj and. d included in the Proposal. Intelligent Services, Energ) Assessrnerd. Energy Performance Solutions, and any diner services using remote Connectivity iccaectively and ihdirukialfy referred to in these Teams as'Energi and Building performance $PrAces') COMPANY'S TERMS ARE Sl1BACT TO PERl001C MANGE OR AMENDMENT. 2. Acceptance. The Proposal its sutb}hci to acceptance in wrhting by the party to wtam Mrs offer is made or an aa,thnrized agent (C.#- VAT;r'j delivered to Company within 30 days from the +fete of the Proposal. If Cussomet aux pis the Propmai by placing an order, wlflwu the addition of anv other terms and conditions of sale a any other modficabon. Customer's order octal be deemed acceptance of the Proposal s.rtled to these Terms and Conditions. If Customer's order rs expressly conditicire) upon Company's acceptance or assent to terms and , )w cxarhditions other than those expressed hereon return M such order by Company vAt Company's Teimv. and Conditroniq adached or referenced serves as Company's notice of Objection to Customer's twins and as Comparrs oarrser•dfer to perform in accordance with the Proposal and Comparry Terms and Conditions. if Customer does not reject or object in writing to Company within 10 days, Company's coiner -offer will be deemed accepted. Customer's acceptance of performance by Company will in any event constitute an acceptance by Customer of Company's Terms and Coddtions This Agreement is suitilled to cre6t apps" by Company Upon 04approval of credit, Company may delay or suspend perfarmenoe or, at as aptim, renegotiate paces andrar Terms and Conditions wilh Customer. if Company and Customer are unable to agree an such revisions, this Agreement shall be canceeed without any liability. o@xar than Customer's obligation to pay for Services provided by Company to the dais of caetcellation. 3. Fees and Taxes- Fees far the Servers tthe 'SenA ce Feel) are as set forth In the Proposal. Except as ctierwise slated in the Proposal- Service Fees are based on performance during regular business hours. Charges for performvance outside Company's normal business hours shall be bled separately acoording to then preva iii ng a4sedime or emergen" laborlabour rates In addibion to the slated Service Fees. Customer shall pay all taxes not legally mcluwed to be paid by Company or aftwnativsly, shag provide Company with an acceptable tax exemption owls ficaie. l payment payment is due upon receipt of Company's Invoice Serviciam Fees shelf be paid no Less irequently than quarterly and in advance of performance of the Services Caimpany reserves the right to add to arty account outstanding for mom than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of it* prncrpal aimoum due at the end of each mor+ilh Without Aability to Customer, Company may discordinua performanrY, ,w :er ever payr+em is overdue Customer SW pay all costs (including attorneys' lees) incurred by Ctxn"ny in attempting to collect announts rd re or otherwise enkwtwq thrs Agreement. S. Customer Breach. Each of the foitowng constitutes a breach by Customer and shat give Company the rght, wfxm t an election of rmsedws, to suspend performance or terminate this Agreement by dellvery of written rroltce dedaring termnabon. Upon ferminatlon, Customer stbM be liable to the Company for as Services fwn iVied to date and all "nages sustained by Compar+y (including lost profit and overhead): (a) Any farlrxre try Customer to pay amounts when due. (b) any general assignmhenl by Customer for the benefit of its crodions. Customer's berdrngicy, insolvency, or rece vership; (c) Any represen -ation or warranty finished by Customer in Connection with Vos agreement is false or misleading in any material rospec4 when made: or (dj Any faiure by C,uSJo1mK to perform or comply with any nwAo ial provision of th -s Agreement 6. Performance, Company twtell perf x+n the Servc es in acccmarrie with industry standards generally applicable on die state or province whrae the Services are performed under similar cocunstances when Company periorms the Services. Company may refuse to pi rf rn *here wlonkirhg conditions, could endanger property or put people at ask. Unless olherrase agreed by Custcvner and Company, at Custanar's expense and before the Services bean, Customer will provide any necessary access platform. eatweMes to safely perform the Services in oomp+ance with OSHA, state to provincial indurtrial solely regulations or any other applicable in4luglial safety staridards or guidelines This Agreement presupposes Trot all mayor pieces of Covered Equipment are in proper %W- ati ng condition as of the date hereof. Sarvices firmhed are premised an the Covered Equipment being in a mimrsainable condition. In no event shall Company have any obligation to replace Covered Equipment Meat is no longer maintainable. During the first 30 days of this Agreemer+t, or upon wwaf inspection, andror upon seasonal start -up it included in Cat Services), r an r+spec corn by Company M Covered Equipment indicates repolirs or replacement is required. Company wig provide a written qualottion for such repairs or replacement. H Customer does not auttnnze such repairs or replacement, Company may remove the unanceptabte equipment from the Covered Equipment and adjust the Setwe Fees acccedtngly Customer autnonaes Company to ut#kr* Cuslorter's Wephorre ine or netvrork infrastructure to oonnod 10 cancels, systems andx equipment provided or ser4oad by Camp" and to provide Services contracted for or otherwise requested by Customer, ncliuding remote drsgnostk and repair service Customer "nowledges Thal C cngany is not responsiie for any adverse impact to Customer's oommurocations and networic infrastructure Company may elect to install!attach to Cussorrrer equipment or provide poyable, devices !hardware and'or sahmse) for execution of contrd or diagnostic procedures. Such devices shag remain the personal proprietary property of Company and in no every shall become a fndure of Custanner locations. Customer shag to acquire any interest We of equity in any hardwai s, software, processes. and other intete lual or pfCpriellary rights to devic" a"4 in minnecti n mo the Ser*es on Cusloret egipment Company may remove such devices at ills discretion Parts used for any re-pairs made will be Vxre seiecied by Company as suitable for the repay and may be parts not manufactured by Company T. Customer Obligations. Customer shag (a) Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufatyurer recommendations conc.ertY+g teardown and inlernel inspectron, major overhaul, restoration or refrrbishng of the Covered Equipment; wrens axpressfy stafeE in Wo Scope of SerAon statement, Company is roof peAmrrwg any mat"Aamwer recommended teainko n and Irtemsf inspection, major overfhatA, remoratim or reftrbishing of the Covered Equipment: and (c) Where applicable, unless water treatment is expressly included in the Services, provide professional coolir+g tower water treatment in aicoxdance with any reasonabte recommendations provided by Company. a Exclusions. Unless expressly Included in the Covered Egviprn v or the Services, the Services do not include and Company shag not be responsibe for or sable to the Ct; tanner for any claims, tosaazs. damages or expenses sirf Bred by the Customer in any way oonnected m1 h, relating to or ansing from, any of the following: (a) Any guarantee of room Cordiuor+s or system perfbrrrran a: (b) Inspesflon, mairrienance. repair, repia-:,ement of or services for chrled water and condenser water permits and piping: electrical dksconned swMches or co cuA breakers; motor starting equipmwit that is not tatdory moored and interconnecting power wing. or portable instruments, gauges or ttrerrnorr+efers: non -moving parts or non- maintainade parts of the System, incluti , but not limited Im, storage inks; pres~e vessels, shell, cos, tubas, housings. caslfngs, casings, drain parrs, panels, duct work. piping: hydraulic, hydraw, pneumatic, gas. or refrigerant: msufation: pipe covering: refractory material. fusm urns cabinets: electrical awing: ductwork or co dud: electrical dstriberfom system: hydrorric structural supports and sireniar items: the appearance of decorative casing or cabinets. damage sustained by other equipment or systems: andror any tarhxe. misadjustmant or design deficiencies in orw equipment or systems, ic) Darnage, repairs or reptooer+ent of pants made necessary as a result of etectnicaf power failure, low voltage, boned out mein or branch fuses, low water pressure, vandalism. accuse or abuse, wear and tear, and of life failure, weter damage, improper operation, unauthorized alierabon of equipment, accident, acts a omissions of Customs -r or others. damage due to freezing weather, calamity - malicious ad, or arty Evert M Force f tafeure. id) Any damage or malfunction resulting tram vibr.o electrolytic ac ton, freezing, cmtamnativn, corrosion. erosion, or caused by scale or sludge on nternal lobes exctVt xhare wafer treatment prowWe - .: , ; are provided by Company as part of this Agreement (e) Furnnslrng any tams of equipment, matenai, or Iaboolabour. or pedormng special Wsu re-o • „ 1, :•..1 or regtwed by insurance companies or federal, state. ov local gover.mw xs; (fi Faikwe or wadequacy of any sbvctum a foundation vipporbng or su...,u -; :.h the equipment to be worked on or any portion thereof: (9) Building access or alterations that might be nocessary to repair or "I" Customers wwo : :,rnerd; (M T►va nornal function of sfarfing and stopping equipment or the opening and dosing of mives dampers a reguL*ms normally Installed to prate:t v. 1, 1.'Tiart aga" damage: (1) ValveS that are not factory 02016 Trane AN rights reserved Page 9 of 12 Scheduled Service Agreement Tecluesta Parks and Recreation Scheduled ftiWIanical Service Agreement 3Yr. Proposal ID: 2155909 - TIE Building Services mounted balance. slop, cancwl, and other valves external to dk de✓ce unless specifically included in the Agreement b) Any resporsr,tAlly for design or redesign of the system or the Covered Egwpment, obsolescence, safety tests, or remcs" or reinstallation of :rare bodies and dampers: ilk) Any services . daims, or damages aismg out of Cuslomfir s failure to comply w11h its obligations under this Agreement: 1 Failure of Customer to follow manufacturer racommendaticom cr"wrung learrlown and sternal inspection, and rehubishi gi of equipment, (m) Any claims. Damage¢, lasses. of expenses:. Ansing born or relate to condtbons that existed n, tun, or upon the premises before the effective dale of this Agreement ('Pre - Existing Conditions') including, withoul limitation, damages, losses, or expenses iwdteng pre - existing b ikling onvelope issues, mechanical issues, plumbing issues, andlor indoor air quality issues involving mold.yrwti d arsdror fungi, (n) Reptsgement of robigerant K excluded, unless reggoem¢m of refrigerant is expressly stated as Acluded within Me Services. to which case replacement shall in no event exceed the stated percentage at rated system charge per year expressly stated in the SeriAces; (oI crane or rigging cosm. (p) Any Services, clam m s. or damages ansing c d ut refrigerant not supplied by Trane. Customer shat be responsible for ti) The cost of any additional replacement refrigerant: (i) Operation of any equipment. and (iii I Any clams. damages, bases. or expernes. arising from or relioW to work done by or serviors provided by individuals or coisi 3 that are not employed try or hired by Company 9. Limited Warranty. Company warrants that (a) the material manufactured by Company and provided to Cuslo ner in performance of the Services is free Isom defects in material and manufacture for a period of 12 months from the eaftier of the date of equipment ~ or replacement end (b) the taboNtabow portions of the Mantenaice Services and Additional Work has been property performed for a period of 90 days from data of completion (the IA*od Warranty') Cornpany ob%gilown of equipment start-up, d any are M1 ued in Vie Proposal, are cofermrhocss hurls the Limited Warranty period. Defects must be reported to Company uwdiin the Umdad Warranty period Company's obligaeon under the Umrled Warranty is limited to repaurig or replacing the detective Pan at its op» and to correcting any laborAabour improperly pariormed by Company. No %ability wtnatsorx+r shall attach to Company until the Maitlermarioa Services and Additional Wort ware boon paid for in hull Exclusion, from ttrs Warranty indude claims: hs4es, damages and expenses in any ray connected with, ralaW to or arising from faiure air rtvdtunr:lion of egi.Km ierM due to Me tdk, -" neat and tear, end d t1e failure. ccrrosnon, erosion. delonoralloo, Cuslomer's failure. to fellow Coe Companydrovided manienance plat. unauthorized or rrproper maintenance. unauthorized or improper parts or rnalanal: refrigerant not supplied by Trane; and modifications made by oCners to equipment Company shell riot be obligated M pay for the cost of loot refrigerant or lost product Some components of equipment manufacLxed by Company may be warranted directly from the component suppler. in which case Ins Lirniwd Warranty shall not apply to Chose components and any warranty of such components srwfl be dhe w given by such oomprirnent supprrr Ngivisdetanding the foregoing. all warranties provided herein lerrrminate upon termination or cancellation of this AgrriemteM Equipment maAenat ardlor parts Men ace pct r hanufaciruad by Company are not waminled by Cmipany and have such xarrarxlesz ac may tie extended by the recpecvea marndactuam THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES. LIABILITIES. CONDITIONS AND REMEDIES. WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE}, EXPRESS OR IMPLIED, IN LAW OR IN FACT. INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND!OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES ENDORSEMENTS OR CONDITIONS OF ANY KIND EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS MERCHANTABILITY, DURABILITY ANO OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES. OR ANY COMPONENT THEREOF. OF MOLDIMOULD. FUNGUS, BACTERIA. MICROBAL GROWTH OR ANY OTHER CONTAMINATES COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE ENERGY AND BUILDING PERFORMANCE SERVICES ARE PROVIDED ON AN - AS IS' BASIS WITHOUT WARRANTIES OF ANY KiND. 10, Indemnity. To the m:axrmm extent permitted by law. Company and Customer sW in.,*mnlfy end t"d hormhess each other from any and all claims, actions, costs. expenses, Damages grid &lWilles, including reasonable attorneys' fees, resulting from death or bodty Injury or damage to resell or personal property. to the extent caused try the negligence or misorndtict of the indemnifying party, anWor its respectee employees or other authorized agents in connection with Mew aWvties within lie scope of this Agraernont Nether party shall indemnify the ether against claims, damages, expenses. or hatwilies to the extent alMbutabte to the acct or omissions of the Other party cir third ptnies If the part'es ant both at lault, the obkJalson to irhdemnly Shdht be proportional to their relatve f3urll The duty to Indemnify air] told r"mk=ss ml coritinue in full force and effect, notwithstanding to expiration or early xnmination of this Agreement -mth res:-ad to any clams bases on facts or condib:xrs •►at occurred prior to evpiathon or termination of leis Agreement 11. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL. INCIDENTAL. INDIRECT. OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LJMFTATION REFRIGERANT LOSS. PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES) OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT. WARRANTY, STATUTE. TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THiS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH. RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. WHETHER BASED IN CONTRACT. WARRANTY. STATUTE. TORT (INCLUDING NEGLIGENCE). STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL HOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL. WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR IIDIRECi) RESULTING FROM MOLDMOULO, FUNGUS. BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION. DEFECT, DELAY IN OPERATION OR TRANSMISSION: CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS: COMMUNICATION FAILURE: THEFT OR DESTRUCTION OF DATA: GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK 12. Asbestos and Hazardous Motorists. Time Services expreWy exclude any WeMtkaOCn, abatement cleanup, control. disposal, rempmral or other %vwk , _Orirected nth ash cos polychbrinahtd biphenyl ( 'PCB'), or other hmrdDus materials (collectively. 'Hazardous Materials'). Custdner warrants and represents thal tht+B are no Hazardous !Aatrvrees on the premises ilia will in any way affect Cotrhparhy's periormharice, except as set forth in a ongrig signed by Company disclo„ig the existence and bcabon of any Hazardoos Mateials in all areas mti.rm which Company wl be performing. Shaid Company became aware of or susgxp 7 Hoe presence of Hazardous Materials. Comparry may immediately qcp wink in the affected area and notify Customer Customer will be respongA+le for corrvtng the Corlblloin A accordance with all applicable taws and regulaticirs Customer shall be excMlvely resport ble for and shall indemnity and hold harriess CV-spany (including ris, employees, agents and subcontractors) from and against any loss, clews liability, fees, penaties injury (umcfuding death) or kab,.y of any nature, and the pay nerri thereof, arising out of or relating to any Hazardous Materials on air about the premises, not tuaught aria the Promises by CorrxMrry Company shat be requined to resume pedomma+roe only in Me absence of Hazardous tifrmxiaia or when the e.aaW area has been rendered hwrn'ess In no event shall Company be obligated to transport or handle Hazardous Materials, rrovr4e any rvitoes to any gorernimeMal agency, or examine the prrrrr?es -sate for the presence of Hazardous Materials III. Insuranco. Company agrees to maintain the following issi*wanoe during the trim of dhis Agrrrrrient with ants not less than s+ crown below, arv7 will, upon request from Cu &tamer provide a CueAcate of evidencing the foh:rjr,rV Covet ale Commemat General Liability $2.000.000 per occurrence Automobile Liability $2.000.000 CSL Workers cortperrsaiion stab" limits N Customer has requested to be named as an additional insured under Company's ensurance policy. Comporl wail do so but only su01ec1 to Company's manuscript additonal insured endorsernerm under its pnetary Ccxrrnercial General Liabvlty poises. in no evert does Company of its eraurer waive rights of subrogabon. 14. Fora Maj*ww Companys duty 10 perform urxW this Aoreernent is contingent upon the non•ocCUrignce of an Event of Force Ltepure: I Company is unable to carry rvA any rnalenal obligation under this Agrpwment due to an Event of Force Mapeure, the Agreement shall at Company s electron (r) remain In ~ but Comwy's obligations shall be suspended until the uncontrollable event terminates or (s) be terminated upon 10 days notice lo Customer, in which invert Customer shall pay Company for a/ parts of the Services rexnshed to the date of ter ysir ahon. An "Event of Force Mafeure' shall mean any cause or 02016 Tune All rights reserved Page 10 of 12 Scheduled Service Agreement Tequesta Parks and Recreation Scheduled Mechanical Service Agreement 3Yr. Proposal ID: 2155909 7E Building Services everil beyond Cie oonfrol d Company Ni thout limiing the to aigoing, 'Event of Rice ktaperre' ncciudes: acts of God aria of terrorism, war or the pubic enemy: flood: earthquake: Witning: tomado: stoner: fire; civil disobederice: pandemic; insurrc<DoW riots: tabor�labou drspules: laborlabour or rnatenai shortages from the usual sources d supply: sabotage; noti9inl by caul odder or pubic auttwrity (wh9tlher vaid or invandl, and action or non - action by or mobtlrty to obtain or keep In force tae rhecessary govemmerdal tir#hor zattr»s. permna /rnnses, oNlIficates or approvals I not raised by ConWany: and the refinements of any applicable government in any mariner hat dverts a:ttter the material or the finished product b the Bred or indirect benefit of the government. % Mairtronance Sorvfoas Od w Than Sotaty Scheduled Service. If Co mpanys klairtenance Services her&-r Jor are not limited solely to Scheduled Service. the following ixrvisions shall also ap�ily (a) Required resrnatnon shall be ped*m*d by Custamer at its zx prior to Company being obligated to perform hereunder (b 1 any charges, adiusu ents, service or reps„ts made to the Equipment by any party other then Company, unless approve! by Company in writing, may, at Company's option tomrate Company's obligation to tender further service to the Equipment so affected; in such case no refund of any portion of the Service Fees shall be made: and tc) Customer shall (i) 1irorrq*y notify Company of any unusual pRfonrrance of Equipment: (it) pro" only Company personirml to repair or adjust Equiprme4 mWor ccrttrola during the Term or a Renewal Term; and (iii) ueize qVialified personnel to prtnptedy operate Ne Equipment in accordance with the appicaW operating manuafs avid recommended procedures 116. Remote Connectivity. Customer Barns to Company the field to remotely connect (via phone modem, intemef or other agreed upon means) b Customers budding autorraiton system (BAS) and at WAC equipment to view, extract, or otherwise cored and retain data from the BAS, HVAC era.uiprnent or other tAutding systems. avid lo diagnose and remiotely make repairs at Castomer's request. The Intelligent Services. ncfudirg any reports and outer rtaon nation Company provides. are intended tp povide operational assessrrxrtts and reoomrnendalraris. Electronic Monitoring Any electron] =: r►onicenq Company performs is undertaken solely to enable Company to collect the data and perform any analysts included in Company s Servers. Cust r*c_r agr<a s that Company is nr>A cable for W%*Wvty to perform ondror lassos that may orator in cases of mkWunction or nonfunctioning of o3rnmanications utpripm.aA KVAC and other r- pwpment. the energy management syslam, taewe to Identify equipment or system pedoruwnne Issves, failure to recommand mrrectlra Maur, or othervnsa related to the morrtwng of Customers equipment and building sys3ams. Data Collected. Customer hereby pants to Company the irrevocable. perpetual, nonexdusfve. worldwide, royalty -free right and license to use, reproduce, display, distribute internally or externally and prepare derivative works based upon any such data Company collects frorn Customer. Company shall not use or publah such data io any way that ider:tifies Cutstarner as the source of doer data withoul Customer's prior w cen consent The dens Company will collect from Custorner will not intrude any penaonal or ndtriduaf Mormoflon, Upon Cut- Wmer's written request, Company will endeavor to provide an eiecurinic copy of data collected from Customer, subped to avadabiey. For Energy and Buffing Performance Services (except Energy Assessments and digital assessrrnwntsF. Company will use commrerciatly reasonable efforts to store Customer's data for up to 18 months. Company cannot guarantee the r.•aiabvify of the data Deb Privacy and Security. Company has implemented WOW secwxy measures for IN purpose of protecting Cusiorner's data against aoodentsi or unlarAlr access, unauthorized doclomire. loss, destrWran, and alteration. Customer is responsible for rrcantaining tae torlFrdentiality of Customer's use names) arc! password(s) Customer rs responsibe for all uses d Customer's passwtitrd(s), whether or not alNaortZW by C+nrt nW Customer must riormm Company Immndiak4y of any unautr irized use of Customers user names) or password(s). Transmission of dais over the htErnet by its nature enters true use cif systems wrier C■t control of third parties, and as a restrN Company cannot ensure Wtaf WWrol of the security d such systems. Company will take commeraally reasonable efforts to ensure that data and other configuration parameters ere not vistitpe or accessed by other customers Customer aekravvicdges that the very nature of commur6cation via the Internet restricts Company from aftanng any guarantee of the privacy or cpnhleritiaity of information rrdatng to Customer passing over the Internet In paints aa:ess via thrr hterriet, Customer also acknowledges and accepts that etotdrhorhic rommunlcakpn may riot ba free from lnterierarxe by u na uthonzed persons and may not remain confidenhal. Custer therefore ace ep" that access and sicirage of data Is at Customers own risk- Company will notify Gustomw of any breach in seaA*y of which Company become aware Any breach in privacy of which Customer be-carne aware should be reported by Customer to Company immediately. Comparry does not discuos i Custome information to third parties for their trwite+w+g purposes. but COn+pany does tna M" party software and services to assist Company YvM getting and anatyzing inforrr n Company may also disdow Cu6tameri nbrm42ion it rpqured lo do so bylaw, M which case. Company would reform Customw of srxhh disclosure. 17. General. ExrvtM as provided below[ to the maximum eatery pro-Mad by law, this Agreement is made and "be interpreted and enfoced in accordance with ttne taws of Cie $tare or province in Mirth Company prerkxrrs the Services. Any dispute arising under or rehiring to ties Agreenerit st.alt be wicided by litigation in a court of competent punsdicaon located in the state ur pro vice in which Une Services are performed To the extent the premises ate owned aWct operated by any agency of the United States Federal Government, drtermination of any substsnf ore issue of law st* be according to the United States Federal common law of Government contracts as enunciated and apta+ed by United States Federal judival bodies and brNrds of conlrad appeals of the United States Federal Govermnera. This Agreement c*nWns as of the a$rearaents, represerwatrorn and underiarijangs of the parties and superseDes an previous urderst3ndmgs- conxnitmews or agreements, oral or wrntan, related to the Services. if any term or oondiion of ttus Ag ement is invalid, begat or incapable of being enforced by any rule of law, al adier Tams of this Agreement will nevertheless roman in full force and effect as long as lM etivvmic or legal substance of the transaction contemplated hereby is not affected it a manner adverse to any party hereto, Cugorner may not assign. transfer, or convey this Agreement, or any pal hereof .. without the mitten consent of Company. Subject to Cie loregoir g, this Agreement shall bind and Mute to the bowfrt of the. parties hereto and their permitted successes and assigns. That Agreement may be exerxrted in several counterparts, each of which when execu4ed shall be deemed to be an original, but all together shat constiWte but one and here same Argreemetrt A fully executed facsrmre copy hereof or tie several counterparts shelf suffice as an original. Customer may nd assign, transfer, or convey this Agreement, or any part hereof, cr is right. title or interest hero.., without the written ronsent of Company. Subject to the foregoing, ihiss Agreement shall be binding upon and inure to the De nefl d the parties" respect a sura?sscim acid assigns. No faiue or delay by Cie Corrpany in crrforcfrg any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of arty right or remedy. 1113. Equal EmpbytnaM OpporkinityfAffkmadve Action Crsusa. Company is a federal contractor Unit cromplins troy with Exact*. Coder 1124 as amended. and Coe applicable regulations cor ained in 41 C.F.R Parts 60-1 through 64-84, 29 U S.0 Section 7W and the appiscxsble regulations contained In 41 C.F_R. Part 60-741, and 3B U.S.C. Section 4212 and the applicable regulations contained in sit C -F.R. Pan 60-254 Eiiecutive Order 13496; and Section 29 CFR 471, appendix A to smart A. regarding the notice of employee ri" in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U K) 1982. c. 11 and applicable Provkicfal tUrnan Rights Cafes :and employment law in Canada. 19. U.S- Goaermrnent Service!_ The forowing provision appees only to dkw sales by Company to the US Government. The Parties. acknowledge treat at items or services ordered and delivered under firs Agreerrent are Commercial Items as defamed under Part 12 of tie Fecieral .Acquisition Reg#ation (FAR). In parficufar, Comp try agrees to be bound aiy by those Federal contracting clauses that apply to "commerciar suloPiens and that are ror taiined in FAR 52.212 - 5(e)(1), Company compies with 152.219 - 111 or 52 - 219.9 in its service and mstallatinn contracting business. The following provision applies only to tndtratt sales by Company to the US Goventenertt. As a Commercial Mom Subcontractor, Company accepts only the foiow:ng mandatory few down provisions- 5:2.219-8: 52222 -26: 52. 222 -35: 52.222 -36: 52.222-19; 52.247 -64. N the Services are in connection with a U.S- Government oantract G.- rstomier certifies that it has provided and will provide current, acGAale, and co mpiete killo mation. recxesenna5orxs and oertificationa to all government officials- includirn but not Iirrnitad b the cwntrachng affix and officials of the Smolt Business AttniniWation. on all matters related to the prime e.untr tit, kuluding but rvht knted to all asper:ts of its ownership, eligibility, and performance_ Anything herein notitihstandirrg, Company wtr haven no obligations W Customer unless and unit! Customer provides Company with a true, wnect and complete executed copy of Ore prime contract. Upon rtyuest, Gustomver we provide capes to Company of at requested written eornmt,r cakovs with any government official related to the prime contract prior to or conciinienl with Cie ftvn:i ton thereof, innuding bur riot emoted W any aYrireturncabincs related to Customer's ownership, eligibility or performance of the prime roNract. Customer PM obtain tvrdten authorization and approval loom Company pior to providing any goven triem official any inionriatpn about Co mpanys performance of Ube Serw-es that are the subpetct of the Proposal or this AgreemerM. other than the Proposal or thus Agreement 24. United Waive of Sovereign Nrmmeadly. If Customer is an Indian tribe (in the U S i or a First Nation or Band Ccijncii (n Carr}. Customer, whfthe r acting In is capacdy as a governmerd, girivirriniental entity, a Orly organized corporate ante or otherwise, for Itself and for its agents, uxce Bois, and assigns: (t) hereby provides lots limited waiver or its sovereign irnnwrrty as to any damages. creams. lauvsuil, or cause of action (herafn 'Acioan') brought a piriV Customer by Company and arising or alegM to arse out of the furnishing by Compan I of arty product or service urndw rifler Agreer nest" vwlbether such Action Is based in contract IAA. strict Ilablty, crnf t 4ilitty or any other legal Theory. (2) agrees Unit Jvvdw-bon and venue for any such Action shall be proper and valid (e) if Customer is in ore U.S., in any state er Ur led States coon located in the state in wt-bch Company is performing Cbis Agreement or (b) it Customer is in 02016 Trane All rights ieservec Page f 7 of 12 Scheduled Sett Agreement Toquesta Parks and Recreation Scheduled Mediinir al SerAce Agreement 3Yr. Proposal 1D: 2155909 MME Building Services Canada. in the supenot court of the pmt or terrltgry In *tkh the work was performed: t3! erpwasty consents to such Action, and wet.es any obllectran b Axodichm or venue: t4) waives any ngwrernent of exhaustion of tribal court or adnwrrstrative remedies for arty Action arising ©N of ar related to teas Agreement: and (5) wVessfy adcrrowWgits and ayees that Cdimpany is not subject to the Orn4linbon of Customer 's tribal court or any sirrAv Inb* forum, that Customer vA not Mug any action agartest Company m V" caul, and that Customer ww not aval Itself of any nutrg ar deaclion of the tribal can pwiniutng or dreUing M to suspend Ms payment or other obligations under this Agreement. The individual signirV on behalf of Customer warrants and repfr.sents that such wrdividual is duty authohmi to provide this naraer and enter into this Agreement and that Ows Agreement carrsblules the valid and legally binding obligation of Customer, enforceeft in acoorda nca OM its terms 1- 26.131) -7 (4415) SuWsedes t -26A M.7 (1114) @2016 Trane AN rights reserved Page 12 of 12 Scheduled Service Agreement &s•t�i,t+� Sef. +yes Appendix CONTENTS: Safety 7MME' S afet y Building Services r � Trane's s Safety Standard Trane is committed to providing a safe work environment for all employees and to preventing accidents in its business operations. To accomplish our objectives Trane has instituted safety programs, procedures and training that incorporate a progressive approach to injury prevention. Proven Safety Success Trane's safety culture in North America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates - Trane Injury Rates v. Industry Competitors Since 2003 the US Bureau of Labor Statistics records reflect Trane's Total Recordable Rate (TRIR) and Days away from work (DAFW) rate have been significantly lower than HVAC repair and maintenance contractors and Specialty Trade contractors (construction) Trane's safety culture in America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. Trane's incident (OSHA) rates are consistently 50 -70% below the industry average- This outstanding safety achievement is the end result of the rigorous team oriented approach to our safely program that creates accountability and empowerment in all employees and management and fuels our institutional safety culture. This is the key to our continual improvement. Safety Tools, Training & Expertise Trane's service and contracting technicians are not only among the most skilled in the industry they are also extensively trained in safe work procedures Our technicians receive safety training. equipment. tools. procedures. and management support to identify jobsite hazards and take appropriate measures to prevent personal injuries. The resources available to Trane technicians include: • Safety Training - 20 hrs per year, including classroom and web -based platforms. - Topics include, but are not limited to, LockouLrTagout, Confined Space Entry, Hazard Communication, Respiratory Protection, Hearing Conservation. Excavations. Scaffolding, Rigging, Powered Industrial Truck operation. Ladders, Vehicle Safety, Fire Protection, PPE. Emergency Response. First Aid! CPR. • Electrical Safety - NFPA 70E compliant -- electrical PPE: flarne- resistant clothing: training. • Fall Protection - full complement of fall arrest and fall restraint exluipment for each technician, • Ergonomics - custom - designed for HVAC field technicians. includes training. material handling equipment and procedures. NE M"E SURD#X9 iSWK BETTER FM ME" MANE Building Services Safety Tools, Training & Expertise (continued) • Smith System Safe Driving Program - Trane's safety Managers are certified instructors; safety Managers train technicians; 1 -800 - How's My Driving?' stickers are located on the back of service vehicles. • USDOT compliance - technicians scheduled within Material of Trade and Hours of Service limits and are fully qualified under Department of Transportation rules for driving commercial motor vehicles with GVWR ?10,000 and 26,000 lbs. Refrigerant Management - Service technicians are trained to manage refrigerant in accordance with U.S. EPA rules using a sophisticated electronic tracking system developed by Trane. • Empowerment - Technicians are empowered with full management support to address safety hazards as they see fit. If ever in doubt about how to do a job or task safely. the technician is required to ask a qualified person for assistance before proceeding with work. Management Leadership and Commitment Accident prevention is a primary responsibility of management at Trane. Trane's safety culture is based on the following management principles: • Leadership at the local level manages the local organization's safety performance. • Management is financially accountable for safety performance. • Local management is actively engaged in risk reduction activities and training and manages safety performance outcomes. • Management clearly communicates to all Trane employees their safety expectations and strongly enforces compliance with those expectations. • Employees are held accountable when they fail to meet safety expectations. Local management and supervisory personnel at the local level are responsible for implementation of the following safety program elements: • The Safety Management System developed by Trane - developed in accordance with OHSAS 18001, • Audits and Inspections - Supervisors. Middle and Upper Managers must conduct field inspections. Corporate Safety conducts detailed compliance and management systems audits. • Company safety compliance programs - ensure that they are fully implemented. • Safety and environmental performance - tracked using a Balanced Scorecard with leading and lagging indicators and metrics. • Subcontractor Qualification - implement this process to promote safety and safety plan compliance on multi - employer job sites. • Six Sigma and Lean - use these productivity tools to enhance safety on job sites. • Drug and Alcohol Policy - mandatory DOT required for -cause and post- accident testing after recordable injuries and property damage. • Motor Vehicle Records Search - annual checking of driving records of employees driving company vehicles. Jobsite Safety Equals Customer Value At Trane safety is part of our culture for every employee. What this means to our customers is fewer job site accidents and the delays and liability concerns that come along with them. What this means to our staff is greater confidence in the practices and procedures they use on the job and the pride that comes from working for one of the premier service arganizabons in the world. Tighter safety standards and fewer accidents can also lead to better on -time project completion and higher quality results. When you use Trane Building Services to install. maintain or upgrade your building systems you will take full advantage of our superior safety program, law incident rates and subcontractor safety management procedures. These help you manage project risk more effectively than you could using multiple contractors or even a single prime contractor with a less impressive safety record. WE M"t Ruhr NGS MW SEMR FOR WE