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R21-055
1 RESOLUTION NO. R21-055 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING THE PURCHASE OF AN ANNUAL 6 SERVICE AGREEMENT, AND AUTHORIZING THE CITY 7 MANAGER TO SIGN THE SERVICE AGREEMENT WITH 8 TRANE U.S., INC. FOR PREVENTATIVE MAINTENANCE OF 9 THE TRANE CHILLERS AT THE DISTRICT ENERGY SYSTEM 10 FOR A TOTAL EXPENDITURE OF $37,904.00; AND PROVIDING 11 AN EFFECTIVE DATE. 12 13 14 WHEREAS, on 6/16/2020, City Commission approved piggybacking the US 15 Communities Contract# 15-JLP-023 between Trane U.S.,Inc.and Harford County,Maryland 16 (R20-058) for the purchase and installation of a new 400T chiller unit; and 17 WHEREAS, utilizing this contract, Trane will provide preventative maintenance 18 service at the District Energy System, as described in the attached service agreement, for an 19 annual total of$37,904.00; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve 22 the purchase of an annual service agreement, and authorize the City Manager to sign the 23 service agreement with Trane U.S.,Inc. for preventative maintenance of the Trane Chillers at 24 the District Energy System for a total expenditure of$37,904. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission hereby approves the purchase of an annual S:\CA\RESO\Agreements\Agreement with Trane for preventative maintenance-Reso.docx 31 service agreement,and authorizes the City Manager to sign the service agreement with Trane 32 U.S., Inc. for preventative maintenance of the Trane Chillers at the District Energy System 33 for a total expenditure of$37,904. A copy of the Agreement is attached hereto as Exhibit 34 "A" 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 15th day of June, 2021. 37 CITY OF BOYNTON BEACH,FLORIDA 38 39 YES NO 40 41 Mayor—Steven B. Grant %./ 42 43 Vice Mayor—Woodrow L. Hay ✓ 44 45 Commissioner—Justin Katz 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Ty Penserga 50 51 VOTE S-O 52 ATTEST: 53 54 55 56 stal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) S:\CA\RESO\Agreements\Agreement with Trane for preventative maintenance-Reso.docx R21-055 SCHEDULED SERVICE AGREEMENT Trane Office Company Name Trane U.S. Inc. City of Boynton Beach 6965 Vista Parkway North, Ste. 11 100 East Ocean Ave West Palm Beach, FL 33411 Boynton Beach, FL 33425 Trane Representative Site Address: Will Worth City of Boynton Beach Central Plant Cell: (561) 343-0203 208 NE 1St St Boynton Beach, FL 33435 Proposal ID 2763681 Service Contract Number 2763681 Contact Telephone Number for Service (561) 683-1521 Co-op Contract Number , ,x ' USC 15-JLP-023 air. WM. June 3 2021 ji (1110 Ingersoll Rand. i--.,-.:,-1_,_ - , : - I r-'- . - , 0 TRAM' -.+ 1__.` -TRANE' I Err GO BEYOND' rr tr II EXECUTIVE SUMMARY This Scheduled Service Agreement from Trane offers an exclusive approach to FOCUSED ON BETTER planned maintenance: It is grounded in worldwide expertise. Delivered locally by BUILDINGS our own factory trained technicians. And provided according to your needs. Under this service agreement,you will hand off the responsibilities for planning, scheduling and managing routine maintenance to Trane. You will have a team of When it comes to service true professionals keeping your HVAC equipment running efficiently and effectiveness, experience reliability. matters. No other provider As an HVAC service provider, Trane offers many advantages: has more experience than Trane. • Confidence that your HVAC equipment is being cared for according to • 100+years of OEM best practices for both frequency and proceduressysteand • Priority service, available 24-hours a day, giving your facility precedence equipment during urgent situations experience • Advanced diagnostic technologies, allowing our technicians to analyze • 35+years in system performance more comprehensively, so they can identify and building automation correct a broader set of conditions systems(BAS) Protect your bottom line. Proper maintenance can save an estimated 12 to 18 • 20+years in energy percent of your budget compared to a run-to-fail approach. This service services agreement will help you capture those savings. (FEMP)O&M Guide 2010 ENVIRONMENTAL CONSISTENT ASSIGNED TEAM PRACTICES PROCESSES IIIEEIIII Trane procedures for All Trane technicians Trane incident rates You will have a handling refrigerant are follow documented (OSHA)are consistently consistent group of compliant with federal processes ensuring 50 to 70 percent below Trane employees and state regulations. uniform service delivery. industry averages. dedicated to your account. ADDITIONAL SUPPORT Trane offers a wide range of maintenance and repair services beyond the scope of this service agreement. Ask your Trane representative for details. City of Boynton Beach- New Scheduled Service Agreement 2021 Proposal ID: 2763681 MRN ' ET'S GO BEYOND" " • SCOPE OF SERVICES - STANDARD INCLUSIONS ANY HVAC SYSTEM IS ONLY AS STRONG AS ITS INDIVIDUAL MECHANICAL COMPONENTS This service agreement with Trane protects and enhances full system functionality by ensuring that components are well maintained and functioning to OEM standards. And it is tailored to your needs. The following are the standard inclusions of your service agreement: TRANE SCHEDULED MAINTENANCE Factory authorized Trane service technicians perform all periodic maintenance,following OEM standards,to keep HVAC and BAS L'� •': equipment running optimally and prevent unplanned downtime. Trane iI • assumes all responsibilities for planning, scheduling and managing 0 ` ' routine maintenance on Trane HVAC equipment and other brands. " H! Advantages: 1 r�. J` • Trust one assigned maintenance team for all HVAC equipment brands + " • Receive consistent service outcomes through proprietary Six Sigma maintenance procedures • Save money compared to ad-hoc service calls Implementation: • Technician visits are scheduled in advance • Service is completed during normal business hours • Basic supplies, such as grease, cleaning solvents and wiping cloths, are included in the annual fee TRANE LABORATORY ANALYSIS Trane Laboratory Analysis tests system fluids for contaminants and other physical characteristics and trends. Conditions indicating sub-optimal HVAC system performance are identified before issues become critical. Advantages: • Head off equipment failures and unplanned downtime • Identify long-term equipment performance trends • Gain definitive insights through Trane experience and expertise Implementation: • Samples collected by Trane technicians during maintenance as stated in this agreement • Laboratory analysis of oil, absorption solutions and refrigerants • Consistent testing according to Trane best-practice protocols year after year ©2021 Trane.All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 3 of 14 City of Boynton Beach- New Scheduled Service Agreement 2021 Proposal ID: 2763681 I. r ...-- _ 1 ET'S GO BEYONDTM 0A US Environmental Protection Agency (EPA) has placed in effect more stringent regulations on refrigerant management and ,. % 1' ..0. .--, i ar reporting in 2017. Section 608 of the Clean Air Act prohibits the knowing release of refrigerant during the maintenance, service, repair, or disposal of air-conditioning and refrigeration equipment. . The EPA requires proper refrigerant management practices by ' , owners and operators of refrigeration and air-conditioning \ �r q,'' systems, all servicing technicians and others. The Clean Air Act i requires owners to maintain records of refrigerant usage and leak rates for each air-conditioning or refrigeration appliance V ' 'W.' with refrigerant charge greater than 50 lbs. and for disposal of units between 5 and 50 lbs. of refrigerant. These records must be maintained for 3 years and be directly accessible if audited by the EPA. This brief summary of Section 608 of the Clean Air Act is provided for informational purposes only and is not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to the application of Section 608 of the Clean Air Act to your business. Trane Technicians are Universally certified(the highest level possible)to service, manage, and document your refrigerant and are knowledgeable of applicable law and time constrains to repair leaks. Trane Technicians track all refrigerant in all equipment serviced regardless of appliance size. When a customer has all their refrigerant work performed by a Trane technician-Trane Refrigerant Management software maintains complete record of refrigerant transactions and appliance leak rates. Refrigerant reports provided by Trane will contain the information to satisfy EPA record keeping requirements. Advantages: • Real time reporting of refrigerant leak rate informs proactive decisions • Stay in compliance with state and federal regulations • Provide acceptable documentation to authorities during audits • Maintain company environmental standards • Detect potential refrigerant leaks before equipment damage occurs Implementation: • Technicians collect refrigerant information for covered equipment during onsite visits • Refrigerant data and technician activity are entered into the Trane Refrigerant Management System • Refrigerant Usage Reports are generated according to your needs ©2021 Trane.All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 4 of 14 City of Boynton Beach-New Scheduled Service Agreement 2021 Proposal ID: 2763681 MANEr • ET'S GO BEYOND" HVAC EQUIPMENT COVERAGE •41}y City of Boynton Beach Central Energy Plant The following "Covered Equipment"will be serviced at COBB Central Energy Plant: Equipment Qty Manufacturer Model Number Serial Number Water-Cooled Chiller 1 Trane HDWA400 L20J03501 Water-Cooled Chiller 1 Trane CVHF147 L19D01996 Water-Cooled Chiller 1 Trane CVHF147 L19E02060 Cooling Tower 1 Tower Tech TTXR-101950 2019-012-01 Cooling Tower 1 Tower Tech TTXR-101951 2019-012-02 Cooling Tower 1 Tower Tech TTXR-101952 2019-026-01 Cooling Tower 1 Tower Tech TTXR-101953 2019-026-02 Condenser Water Pumps 3 Marathon Multiple Multiple Chilled Water Pumps 3 Marathon Multiple Multiple Variable Frequency Drives 10 Trane TR200 Multiple Description Quantity Per Term HDWA Annual Inspection (1) HDWA Operational Inspection (3) Chiller Storage Maintenance Procedure (2) Chiller Nitrogen charge pressure check (10) Cooling Tower Annual Inspection (1) Cooling Tower Operating Inspection (3) Pump Annual Inspection (1) Pump Operating Inspection (3) VFD Inspection (4) BAS Inspection (2) CUSTOMER SERVICE FLOWS The following Customer Service Flows provide additional service description detail for Covered Equipment. Note: There may be differences per the agreement in the work being performed between sites and the equipment on those sites. This section clarifies differences in the work being performed between sites and the equipment on those sites: Standard Storage Maintenance Procedure: • Remove holding nitrogen charge • Remove thrust bearing inspection cover • Start oil pump using auxiliary power • Manually rotate the compressor shaft 450 degrees(1.25 turns) • Re-seal the compressor • Re-evacuate the chiller correctly • Re-install a 5 psi dry nitrogen holding charge Annual Cooling Tower Inspection Description • Inspect External Condition Of Tower • Visual Inspection Of Mechanical Operating Unit • Verify Water Level ©2021 Trane.All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 5 of 14 City of Boynton Beach- New Scheduled Service Agreement 2021 Proposal ID: 2763681 gA TRAGI ' I ET'S GO BEYOND" • Tower Upper And Lower Basin Inspection • Fan Check For Cooling Tower • Cooling Tower Motor Check And Lube • Basin Heater Inspection On Cooling Tower Cooling Tower Operating Inspection Description • Inspect External Condition Of Tower • Visual Inspection Of Mechanical Operating Unit • Verify Water Level • Tower Upper And Lower Basin Inspection Only • Check Condition Of Gear Box • Cooling Tower Motor Check And Lube Variable Frequency Drive Maintenance Description • Check operation of drive • Open cabinet and clean • Verify operation of bypass Annual Inspection of Pump Description • Initial Site Inspection • Check motor shaft and pump shaft for proper alignment • Inspect coupling for wear • Verify that the shaft guard is in place and tight • Verify water flow through pump and check for leaks on the mechanical pump seals • Lubricate the motor bearings and the pump bearings as necessary • Inspect wiring and connections on the motor terminals for signs of overheating verify tight connections • Check condition of the contacts for wear and pitting if applicable • Verify proper volts and amps • Verify smooth operation of the pump Pump Operating Inspection Description • Verify water flow through pump and check for leaks on the mechanical pump seals • Verify smooth operation of the pump • Verify proper drip rate on the pump seal packing • Visual inspection of entire pump and motor assembly Refrigerant Monitor Maintenance Description • Lock Out Tag Out Refrigerant Monitor • Change Monitor Filter(s) • Start Up Refrigerant Monitor • Calibrate Alarm Monitor • Review Diagnostics and Set up Menu BAS Inspection Description • Ensure accurate controller backup • Review Alarms • Check for overrides ©2021 Trane.All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 6 of 14 City of Boynton Beach- New Scheduled Service Agreement 2021 Proposal ID: 2763681 " -V imio— ET'S GO BEYOND"" 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. Services Cooling Season Service Included X Annual Maintenance Inspection (1) on all equipment listed (excluding CVHF chillers) halOperating Inspections Qty(3) (excluding CVHF chillers) Chiller Storage Maintenance Procedure Qty (2) Chiller Nitrogen Level Check Qty (10) Services Labor and Materials for Covered Equipment Included X Scheduled Maintenance Labor Scheduled Maintenance Parts and Materials Condenser Tube Brushing once per year—HDWA chiller only Cooling Tower Cleaning once per year—will be recommended as needed and quoted separately Drive Belts supplied by Trane once per year Evaporator Coil Cleaning once per year on Air Handlers Air Filter Changes as required up to Qty ( )changes per year Air Filters supplied by Trane during maintenance inspections(HEPA Filters not included). Filters included in agreement are MERV-8 disposable filters. If custom or upgraded filters are required difference in cost will be •uoted se•aratel . Please Note: Overtime Labor for Scheduled Maintenance, requested by customer, to be performed after regular Trane business hours,will be billed at$78.00 per hour, per technician. ©2021 Trane.All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 7 of 14 City of Boynton Beach- New Scheduled Service Agreement 2021 Proposal ID: 2763681 TRANEpiortt 411W r ET'S GO BEYOND" �C� Fes ' IPRICING AND ACCEPTANCE Customer: Site Address: City of Boynton Beach City of Boynton Beach Central Plant 100 East Ocean Ave 208 NE 1st St Boynton Beach, FL 33425 Boynton Beach, FL 33425 Trane Service Agreement This Service Agreement consists of the pages beginning with the title page entitled"Scheduled Service Agreement," the consecutively numbered pages immediately following such title page, and includes and ends with the Trane Terms and Conditions (Service) (collectively, the "Service Agreement" or"Agreement"). Trane agrees to inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the"Terms and Conditions,"and "Scope of Services" sections. Trane agrees to give preferential service to Service Agreement 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. Contract Year Annual Amount USD Payment USD Payment Term Year 1 $37,904 $9,476 Quarterly **This proposal is based upon US Communities contract 15-JLP-023 n Service Fee Discount. A one-time 3.00 %discount is offered for full payment of 1 year(s) in advance of the commencement of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated based upon the pre-discounted price. This Service Fee discount is for advance payment only under the terms stated in this section and is not applicable to credit card transactions. Please check the box to select this discount option. In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer and, if a "Service 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. Subject only to a prior written agreement signed by Trane, payment is due upon receipt of invoice in accordance with Section 4 of the attached Terms and Conditions. Term The Initial Term of this Service Agreement is 1 year, beginning July 1, 2021. However, Trane's obligation under this Agreement will not begin until authorized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. Following expiration of the initial term on June 30, 2022, 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. mail prior to the expiration date set forth in the preceding sentence. If any questions arise regarding this Service Agreement or how to cancel this Agreement, Trane can be reached either by telephone at (561)683-1521 or by direct mail addressed to: 6965 Vista Parkway North, Ste. 11 West Palm Beach, FL 33411. Renewal Pricing Adjustment The Service Fees for an impending Renewal Term shall be the current Service Fees(defined as the Service Fees for the initial Term or Renewal Term immediately preceding the impending Renewal Term) annually adjusted based on ©2021 Trane.All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 8 of 14 City of Boynton Beach- New Scheduled Service Agreement 2021 Proposal ID: 2763681 Fir'1. r:fr.-if, i _Ar 1LET'SGOBEYOND"' 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 ten percent(10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. Cancellation by Company This Agreement may be cancelled during the Initial Term or, if applicable, a Renewal Term for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to the scheduled expiration date and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. This A•reement is sub ect to Customer's acce•tante of the attached Trane Terms and Conditions Service. CUSTOMER ACCEPTANCE TRANE ACCEPTANCE Trace U S Inc o.M- - Authorized Representative Submitted By: Jerry Shugart Lori LaVerriere Proposal Date:June 3, 2021 Printed Name Cell: (561)287-2681 City Manager License Number: CACO23485 Title Authorized Representative Purchase Order S• I�� 9 " 4 ^ 0 Title Acceptance Date --- 4 P 2`rt)7r Signature Date APPROVED TO F•• I. . , . CITY ATTORNEY ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 9 of 14 City of Boynton Beach- New Scheduled Service Agreement 2021 Proposal ID: 2763681 T ' 1 ET'S GO BEYOND" ITERMS AND CONDITIONS "Company"shall mean Trane U.S.Inc.for Company performance in the United States and Trane Canada ULC for Company performance in Canada. 1. Agreement. These terms and conditions("Terms")are an integral part of Company's offer and form the basis of any agreement(the"Agreement")resulting from Company's proposal(the"Proposal")for the following commercial services as stated in the Proposal(collectively,the"Services"):inspection,maintenance and repair (the"Maintenance Services")on equipment(the"Covered Equipment"),specified Additional Work(if any),and,if included in the Proposal,Intelligent Services,Energy Assessment,Energy Performance Solutions,and any other services using remote connectivity(collectively and individually referred to in these Terms as"Energy and Building Performance Services"). COMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent("Customer")delivered to Company within 30 days from the date of the Proposal.If Customer accepts the Proposal by placing an order,without the addition of any other terms and conditions of sale or any other modification,Customer's order shall be deemed acceptance of the Proposal subject to these Terms and Conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's Terms and Conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to perform in accordance with the Proposal and Company Terms and Conditions. If Customer does not reject or object in writing to Company within 10 days,Company's counter-offer will be deemed accepted. Customer's acceptance of performance by Company will in any event constitute an acceptance by Customer of Company's Terms and Conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit,Company may delay or suspend performance or,at its option,renegotiate prices and/or Terms and Conditions with Customer. If Company and Customer are unable to agree on such revisions,this Agreement shall be cancelled 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 forth in the Proposal.Except as otherwise stated in the Proposal,Service Fees are based on performance during regular business hours.Charges for performance outside Company's normal business hours shall be billed separately according to then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fees,Customer shall pay all taxes not legally required to be paid by Company or,alternatively, shall provide Company with 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 quarterly and in advance of performance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5%of the principal amount due at the end of each month. Without liability to Customer,Company may discontinue performance whenever payment is overdue. Customer shall pay all costs(including attorneys'fees)incurred by Company in attempting to collect amounts due or otherwise enforcing this Agreement. 5.Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right,without an election of remedies,to suspend performance or terminate this Agreement by delivery of written notice declaring termination.Upon termination,Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company(including lost profit and overhead):(a)Any failure by Customer to pay amounts when due;(b)any general assignment by Customer for the benefit of its creditors,Customer's bankruptcy,insolvency,or receivership;(c)Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or(d)Any failure by Customer to perform or comply with any material provision of this Agreement. 6. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances when Company performs the Services.Company may refuse to perform where working conditions could endanger property or put people at risk.Unless otherwise agreed by Customer and Company,at Customer's expense and before the Services begin,Customer will provide any necessary access platforms,catwalks to safely perform the Services in compliance with OSHA,state,or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines.This Agreement presupposes that all major pieces of Covered Equipment are in proper operating condition as of the date hereof. Services furnished are premised on the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement,or upon initial inspection,and/or upon seasonal start-up(if included in the Services),if an inspection by Company of Covered Equipment indicates repairs or replacement is required,Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer's telephone line or network infrastructure to connect to controls,systems and/or equipment provided or serviced by Company and to provide Services contracted for or otherwise requested by Customer, including remote diagnostic and repair service. Customer acknowledges that Company is not responsible for any adverse impact to Customer's communications and network infrastructure.Company may elect to install/attach to Customer equipment or provide portable devices(hardware and/or software)for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations. Customer shall not acquire any interest,title or equity in any hardware, software,processes,and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretion.Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. 7. Customer Obligations. Customer shall:(a)Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work;(b) Follow manufacturer recommendations concerning teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly stated in the Scope of Services statement,Company is not performing any manufacturer recommended teardown and internal inspection,major overhaul, restoration or refurbishing of the Covered Equipment;and(c)Where applicable,unless water treatment is expressly included in the Services,provide professional cooling tower water treatment in accordance with any reasonable recommendations provided by Company. 8. Exclusions. Unless expressly included in the Covered Equipment or the Services,the Services do not include,and Company shall not be responsible for or liable to the Customer for any claims,losses,damages or expenses suffered by the Customer in any way connected with,relating to or arising from,any of the following:(a)Any guarantee of room conditions or system performance;(b)Inspection,maintenance,repair,replacement of or services for:chilled water and condenser water pumps and piping;electrical disconnect switches or circuit breakers;motor starting equipment that is not factory mounted and interconnecting power wiring;recording or portable instruments,gauges or thermometers;non-moving parts or non-maintainable parts of the system,including,but not limited to,storage tanks; pressure vessels,shells, coils,tubes,housings,castings,casings,drain pans,panels,duct work;piping:hydraulic,hydronic,pneumatic,gas,or refrigerant;insulation;pipe covering; refractory material;fuses, unit cabinets; electrical wiring;ductwork or conduit; electrical distribution system; hydronic structural supports and similar items;the appearance of decorative casing or cabinets;damage sustained by other equipment or systems;and/or any failure,misadjustment or design deficiencies in other equipment or systems; (c)Damage,repairs or replacement of parts made necessary as a result of electrical power failure,low voltage,burned out main or branch fuses,low water pressure, vandalism,misuse or abuse,wear and tear,end of life failure,water damage,improper operation,unauthorized alteration of equipment,accident,acts or omissions of Customer or others,damage due to freezing weather,calamity,malicious act,or any Event of Force Majeure;(d)Any damage or malfunction resulting from vibration, electrolytic action,freezing,contamination,corrosion, erosion,or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Company as part of this Agreement;(e)Furnishing any items of equipment,material,or labor/labour,or performing special tests recommended or required by insurance companies or federal,state,or local governments;(f)Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof;(g)Building access or alterations that might be necessary to repair or replace Customer's existing equipment;(h)The normal function of starting and stopping equipment or the opening and closing of valves,dampers or regulators normally installed to protect equipment against damage;(i)Valves that are not factory mounted:balance,stop,control,and other valves external to the device unless specifically included in the Agreement;(j)Any responsibility for design or redesign of the system or the Covered Equipment,obsolescence,safety tests,or removal or reinstallation of valve bodies and dampers;(k)Any services,claims,or damages arising out of Customer's failure to comply with its obligations under this Agreement;(I)Failure of Customer to follow manufacturer recommendations concerning teardown and internal inspection,overhaul and refurbishing of equipment;(m)Any claims,damages,losses,or expenses,arising from or related to conditions that existed in,on,or upon the premises before the effective date of this Agreement("Pre-Existing Conditions"),including,without limitation,damages,losses,or expenses involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi; (n) Replacement of ©2021 Trane.All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 10 of 14 City of Boynton Beach- New Scheduled Service Agreement 2021 Proposal ID: 2763681 . TRANS ST'S GO BEYOND' • refrigerant is excluded,unless replacement of refrigerant is expressly stated as included within the Services,in which case replacement shall in no event exceed the stated percentage of rated system charge per year expressly stated in the Services;(o)crane or rigging costs;(p)Any Services,claims,or damages arising out of refrigerant not supplied by Trane. Customer shall be responsible for:(i)The cost of any additional replacement refrigerant;(ii)Operation of any equipment;and(iii)Any claims,damages,losses,or expenses,arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 9. Limited Warranty. Company warrants that:(a)the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement;and(b)the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion(the"Limited Warranty").Company obligations of equipment start-up,if any are stated in the Proposal,are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full.Exclusions from this Warranty include claims,losses,damages and expenses in any way connected with,related to or arising from failure or malfunction of equipment due to the following:wear and tear;end of life failure;corrosion;erosion;deterioration;Customer's failure to follow the Company-provided maintenance plan;unauthorized or improper maintenance; unauthorized or improper parts or material;refrigerant not supplied by Trane;and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier,in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing,all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment,material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES,CONDITIONS AND REMEDIES,WHETHER IN CONTRACT, WARRANTY,STATUTE OR TORT(INCLUDING NEGLIGENCE),EXPRESS OR IMPLIED,IN LAW OR IN FACT,INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE 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 AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF,OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL 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 maximum extent permitted by law,Company and Customer shall indemnify and hold harmless each other from any and all claims,actions,costs, expenses,damages and liabilities,including reasonable attorneys'fees,resulting from death or bodily injury or damage to real or personal property,to the extent caused by the negligence or misconduct of the indemnifying party,and/or its respective employees or other authorized agents in connection with their activities within the scope of this Agreement.Neither party shall indemnify the other against claims,damages,expenses,or liabilities to the extent attributable to the acts or omissions of the other party or third parties.If the parties are both at fault,the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect,notwithstanding the expiration or early termination of this Agreement,with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 11.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 LIMITATION REFRIGERANT LOSS,PRODUCT LOSS,LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES),OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT,WARRANTY,STATUTE,TORT(INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY,STATUTE,TORT(INCLUDING NEGLIGENCE),STRICT LIABILITY,INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS,SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES(WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD/MOULD, 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 Materials. The Services expressly exclude any identification,abatement,cleanup,control,disposal,removal or other work connected with asbestos polychlorinated biphenyl("PCB"),or other hazardous materials(collectively,"Hazardous Materials"). Customer warrants and 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 disclosing the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should Company become aware of or suspect the presence of Hazardous Materials,Company may immediately stop work in the affected area and notify Customer. Customer will be responsible for correcting the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company(including its employees,agents and subcontractors)from and against any loss,claim,liability,fees,penalties, injury(including death)or liability of any nature,and the payment thereof,arising out of or relating to any Hazardous Materials on or about the premises,not brought onto the premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials or when the affected area has been rendered harmless.In no event shall Company be obligated to transport or handle Hazardous Materials,provide any notices to any governmental agency,or examine the premises site for the presence of Hazardous Materials. 13. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will,upon request from Customer,provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy,Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive rights of subrogation. 14. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any material obligation under this Agreement due to an Event of Force Majeure,this Agreement shall at Company's election(i)remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or(ii)be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An"Event of Force Majeure"shall mean any cause or event beyond the control of Company. Without limiting the foregoing,"Event of Force Majeure"includes:acts of God;acts of terrorism,war or the public enemy;flood;earthquake;lightning;tornado;storm; fire;civil disobedience;pandemic;insurrections;riots;labor/labour disputes;labor/labour or material shortages from the usual sources of supply;sabotage;restraint by court order or public authority(whether valid or invalid),and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits,licenses,certificates or approvals if not caused by Company;and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 16. Maintenance Services Other Than Solely Scheduled Service. If Company's Maintenance Services hereunder are not limited solely to Scheduled Service,the following provisions shall also apply:(a)Required restoration shall be performed by Customer at its cost prior to Company being obligated to perform hereunder;(b)any changes,adjustments,service or repairs made to the Equipment by any party other than Company,unless approved by Company in writing,may,at Company's option, terminate Company's obligation to render further service to the Equipment so affected;in such case no refund of any portion of the Service Fees shall be made;and(c) ©2021 Trane.All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 11 of 14 City of Boynton Beach- New Scheduled Service Agreement 2021 Proposal ID: 2763681 TRAIVE I • S GO BEYOND' rra Customer shall(i)promptly notify Company of any unusual performance of Equipment;(ii)permit only Company personnel to repair or adjust Equipment and/or controls during the Term or a Renewal Term;and(iii)utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 16. Remote Connectivity. Customer grants to Company the right to remotely connect(via phone modem,internet or other agreed upon means)to Customer's building automation system(BAS)and or HVAC equipment to view,extract,or otherwise collect and retain data from the BAS,HVAC equipment or other building systems,and to diagnose and remotely make repairs at Customer's request.The Intelligent Services,including any reports and other information Company provides,are intended to provide operational assessments and recommendations.Electronic Monitoring.Any electronic monitoring Company performs is undertaken solely to enable Company to collect the data and perform any analysis included in Company's Services.Customer agrees that Company is not liable for inability to perform and/or losses that may occur in cases of malfunction or nonfunctioning of communications equipment,HVAC and other equipment,the energy management system,failure to identify equipment or system performance issues,failure to recommend corrective action,or otherwise related to the monitoring of Customer's equipment and building systems. Data Collected.Customer hereby grants to Company the irrevocable,perpetual,nonexclusive,worldwide,royalty-free right and license to use,reproduce,display,distribute internally or externally and prepare derivative works based upon any such data Company collects from Customer.Company shall not use or publish such data in any way that identifies Customer as the source of that data without Customer's prior written consent. The data Company will collect from Customer will not include any personal or individual information.Upon Customer's written request,Company will endeavor to provide an electronic copy of data collected from Customer,subject to availability.For Energy and Building Performance Services(except Energy Assessments and digital assessments),Company will use commercially reasonable efforts to store Customer's data for up to 18 months.Company cannot guarantee the availability of the data. Data Privacy and Security. Company has implemented various security measures for the purpose of protecting Customer's data against accidental or unlawful access, unauthorized disclosure, loss, destruction, and alteration. Customer is responsible for maintaining the confidentiality of Customer's user name(s)and password(s). Customer is responsible for all uses of Customer's password(s), whether or not authorized by Customer. Customer must inform Company immediately of any unauthorized use of Customer's user name(s)or password(s). Transmission of data over the Internet by its nature entails the use of systems under the control of third parties,and as a result Company cannot ensure total control of the security of such systems. Company will take commercially reasonable efforts to ensure that data and other configuration parameters are not visible or accessed by other customers. Customer acknowledges that the very nature of communication via the Internet restricts Company from offering any guarantee of the privacy or confidentiality of information relating to Customer passing over the Internet.In gaining access via the Internet,Customer also acknowledges 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.Company will notify Customer of any breach in security of which Company become aware.Any breach in privacy of which Customer become aware should be reported by Customer to Company immediately.Company does not disclose Customer's information to third parties for their marketing purposes,but Company does use third party software and services to assist Company with collecting and analyzing information. Company may also disclose Customer's information if required to do so by law,in which case,Company would inform Customer of such disclosure. 17. General. Except as provided below,to the maximum extent provided by law,this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company performs the Services. Any dispute arising under or relating to this Agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government,determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by United States Federal judicial bodies and boards of contract appeals of the United States Federal Government.This Agreement contains all of the agreements,representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. If any term or condition of this Agreement is invalid,illegal or incapable of being enforced by any rule of law,all other Terms of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto.Customer may not assign,transfer,or convey this Agreement,or any part hereof,without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts,each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original.Customer may not assign,transfer,or convey this Agreement,or any part hereof,or its right, title or interest herein,without the written consent of Company.Subject to the foregoing,this Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 18. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246,as amended,and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60,29 U.S.C.Section 793 and the applicable regulations contained in 41 C.F.R.Part 60-741; and 38 U.S.C.Section 4212 and the applicable regulations contained in 41 C.F.R.Part 60-250 Executive Order 13496 and Section 29 CFR 471,appendix A to subpart A,regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982(U.K.)1982,c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 19. U.S.Government Services. The following 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 Regulation(FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to"commercial"suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor,Company accepts only the following 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 contract,Customer certifies that it has provided and will provide current,accurate, and complete information,representations and certifications to all government officials,including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility,and performance. Anything herein notwithstanding,Company will have no obligations to Customer unless and until Customer provides Company with a true,correct and complete executed copy of the prime contract. Upon request,Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof,including but not limited to any communications related to Customer's ownership,eligibility or performance of the prime contract.Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of the Proposal or this Agreement,other than the Proposal or this Agreement. 20. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe(in the U.S.)or a First Nation or Band Council(in Canada),Customer,whether acting in its capacity as a government,governmental entity,a duly organized corporate entity or otherwise,for itself and for its agents,successors,and assigns: (1)hereby provides this limited waiver or its sovereign immunity as to any damages,claims,lawsuit,or cause of action(herein"Action")brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement,whether such Action is based in contract,tort,strict liability,civil liability or any other legal theory;(2)agrees that jurisdiction and venue for any such Action shall be proper and valid(a)if Customer is in the U.S.,in any state or United States court located in the state in which Company is performing this Agreement or(b)if Customer is in Canada,in the superior court of the province or territory in which the work was performed;(3)expressly consents to such Action,and waives any objection to jurisdiction or venue:(4)waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement;and(5)expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum,that Customer will not bring any action against Company in tribal court,and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer,enforceable in accordance with its terms. 1-26.130-7(0415) Supersedes 1-26.130-7(1114) ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 12 of 14 City of Boynton Beach- New Scheduled Service Agreement 2021 Proposal ID: 2763681 TRA' I ET'S GO BEYOND" . I i. r y I 6 <I {rr IAPPENDIX SERVICE BEST PRACTICES Trane is completely dedicated to making buildings better. The ongoing pursuit of better buildings, using our long-term domain expertise to push new technologies into everyday use, keeps us at the forefront of the industry. In addition to the services details in the agreement above,we take practical '0" steps every day to ensure our approach is safe and efficient. 4 so ..---, , ,;S:1. ...%.11,-* Since 2003, U.S. Bureau of Labor Statistics records have consistently shown 6 ( r the Total Recordable Incident Rate(TRIR) and Days Away From Work _ ��" I.' `'A kt` (DAFW)for Trane have been significantly lower than those for HVAC repair and maintenance contractors and specialty trade contractors(construction). The company's safety culture in America is unparalleled in the building ,•,, =',:'.-"•'='4?' service industry,with proven results in the continuous reduction of injury , ' ¢ . rates.Trane incident rates(OSHA)are consistently 50 to 70 percent below -`- y the industry average. `s 4140 A wide range of safety training and resources are available to Trane technicians, including: • Safety training-20 hours per year ��.; `' • Electrical safety—NFPA 70E compliant, electrical PPE ,r . • Fall protection �P'. ii,• Ergonomics , moi; _ � • Smith System Safe Driving Programr • USDOT complianceiC; ' _ • • Refrigerant management training ENVIRONMENTAL PRACTICES Trane policies and procedures are compliant with all federal and state regulations. Refrigerant(and substitutes)handling, storage and leak repair processes are compliant with Environmental Protection Agency regulation 40 CFR Part 82. Service technicians are Universal-certified and use only certified recovery equipment Refrigerant Management Software(RMS)captures, manages and reports all refrigerant activity at your site.Annually, Trane will send you a report documenting all refrigerant activity that we performed for each piece of equipment during the past 12 months Trane adheres to all environmental regulations when removing used oil from refrigeration units.We have a national contract with a qualified supplier to recycle or dispose of used oil appropriately. CONSISTENCY Nationwide,Trane technicians follow documented, formal processes that ensure uniform service delivery. As an OEM,Trane has developed exclusive service procedures which provide the most reliable outcomes, and extended equipment longevity, at the most cost-effective price. ©2021 Trane.All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 13 of 14 City of Boynton Beach- New Scheduled Service Agreement 2021 Proposal ID: 2763681 TRANE 1 . . ET'S GO BEYONDTM .d 7 Opif,. -. f P • Exclusive service work flow processes provide detailed steps and information encompassing parts, materials, tools and sequence of execution • Additional steps addressing safety, quality control, work validation and environmental compliance • Technicians must consistently reference documented processes to ensure no critical steps are skipped or omitted • Applicable service processes meet or exceed ASHRAE 180-2008 Standard Practice for Inspection and Maintenance of Commercial Building HVAC Systems ©2021 Trane.All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 14 of 14 IF ._ _ ._..... _ .._ . . ASean W Rulon Fri 1) Snnariorenclent of Schoolc HARFORD COUNTY 102 S.Hickory Avenue Bel Air Marylan t 21014 P U E3 L I C SCHOOLS Office 410.838.7300• www he In ortl• fax 410•£93-2478 n“we•Prime•Achbv RFP#15-1LP-023 RENEWAL#2 October 1,2020—September 30, 2022 This contract renewal is made and entered into this/C) day of August, 2019, by Harford County Public Schools, 102 South Hickory Avenue, Bel Air, Maryland (hereafter referred to as Owner) and Trane,a corporation located at 800 Beaty Street, in the city of Davidson,and State of North Carolina, (hereafter referred to as Contractor). WHEREAS,Owner and Contractor have entered into an Agreement dated September 29, 2015 (hereafter referred to as the Contract),for the Contractor to provide comprehensive HVAC Products, Installation,Services and Related Products and Services in accordance with RFP#15-JLP-023. WHEREAS,the original Contract term will expire on September 30,2020; THEREFORE,for and in consideration of the mutual promises to each other, as in hereinafter set forth,the parties hereto do mutually agree to renew the Contract as per the conditions set forth in the original Contract, as follows: 1. Owner chooses to offer the second and final option to renew this contract for two(2)year for the time period from October 1, 2020 through September 30,2022. 2. Pricing structures and related pricing terms will remain the same as the original terms and conditions. 3. All other terms,conditions and provisions of the Contract remain in effect. 4. There is no renewals remaining for this Contract. WHEREAS,the parties hereto desire to set the terms of the renewal to writing; IN WITNESS WHEREOF,Owner and the Contractor have executed the renewal agreement the day and year written above. HARFQ COUNTY PUBLIC SCHOOLS TRANE ���r By: l2/-7.6„..)a- - '�ut/14 - By: Signature Signature Name: Bobbie Wilkerson, CPPO, CPPB Name: f14+,1 L . i,-,..1c_�2; ' / r Title: Superviso /of Purchasing Title: Vic-e_ rRESIDf T '4e--AS Date: f ( I/�r J Date: 8/(51 L q