R23-097 1 RESOLUTION NO. R23-097
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING
5 AND AUTHORIZING THE CITY MANAGER TO SIGN A PIGGY-BACK
6 AGREEMENT, PROPOSAL, QUOTE,AND APPROVE THE REPLACEMENT OF
7 THE COOLING SYSTEM AT THE WOMEN'S CLUB LOCATED AT 1010 S
8 FEDERAL HIGHWAY UTILIZING THE OMNIA / RACINE COUNTY
9 CONTRACT #3341 IN THE AMOUNT OF $140,740.00; AND PROVIDING
10 AN EFFECTIVE DATE.
11
12
13 WHEREAS, the current heating ventilating and air conditioning (HVAC) systems at The
14 Women's Club have reached their end-of-life cycle and the maintenance costs are continuing to
15 escalate; and
16 WHEREAS, the existing unit will be removed and will be replaced with four (4) air
17 conditioning units, one (1) 7.5 ton single circuit, one (1)ten (10)ton dual circuit, and two (2)five
18 (5) ton split systems; and
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in
20 the best interests of the citizens and residents of the City of Boynton to approve and authorize
21 the City Manager to sign a Piggy-back Agreement, proposal, quote, and approve the
22 replacement of the cooling system at the Women's Club located at 1010 S Federal Highway
23 utilizing the Omnia / Racine County Contract#3341 in the amount of $140,740.00.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission hereby approves and authorizes the City Manager
30 to sign a Piggy-back Agreement, proposal, quote, and approve the replacement of the cooling
31 system at the Women's Club located at 1010 S Federal Highway utilizing the Omnia / Racine
32 County Contract #3341 in the amount of $140,740.00. A copy of the Piggy-back Agreement is
33
S:\CA\RESO\Agreements\Piggy-Back Agmts With Trane(Womens Club AC) -Reso.Doc s
attached hereto and incorporated herein by reference as Exhibit "A".
34 Section 3. This Resolution shall become effective immediately upon passage.
35 PASSED AND ADOPTED this 1st day of August, 2023.
36 CITY OF BOYNTON BEACH, FLORIDA
37 YES NO
38
39 Mayor—Ty Penserga
40 Vice Mayor—Thomas Turkin
41 Commissioner—Angela Cruz
42 Commissioner—Woodrow L. Hay
43 Commissioner—Aimee Kelley
44 VOTE
45 ATTEST:
46
47
48 AO es - 9_
49 Mayle P - esus, MPA, t MC Ty Pen • ea
50 City Cle Mayo
51
52 •c.01-ON P\%
APPROVED AS TO FORM:
53 (Corporate Seal) '-s, ••"••• Fq '
�QORATE'e 0
54 121(),.,°co vi k� tai
55 �—: SY Rp,�ED David N. Tolces
0
56 ��`� ;�N00�92Q ; Interim City Attorney
FLO \
•
S:\CA\RESO\Agreements\Piggy-Back Agmts With Trane(Womens Club AC) -Reso.Docx
( v,,.
AGREEMENT FOR PURCHASE AND
INSTALLATION OF HVAC EQUIPMENT
This Agreement is made as of this day ofv 2023 by and between TRANE
U.S. INC. with a principal address 6965 Vista Parkway North', West Palm Beach, FL 33411 and
THE CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the
laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435,
hereinafter referred to as"City".
RECITALS
WHEREAS, in order to maintain City facilities, the City's Public Works / Facilities
Maintenance Department is requesting the City enter into an Agreement with Trane U.S. Inc. to
purchase and the installation of HVAC equipment; and
WHEREAS,Trane U.S.Inc.has agreed to allow the City to piggyback the City of Racine,
WI / HVAC Products, Installation, Labor Based Solutions and Related Product and Services
Contract pursuant to Contract No. 3341 to purchase and installation of HVAC equipment for a
term commencing August 2,2023,and terminating on August 31,2027; and
NOW,THEREFORE, in consideration of the mutual covenants contained herein,and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and Trane U.S. Inc. agree that Trane U.S. Inc. shall provide HVAC
equipment and installation services based upon the City of Racine, WI / HVAC Products,
Installation, Labor Based Solutions and Related Product and Services Contract pursuant to
Contract No. 3341 to purchase and the installation of HVAC equipment for a term commencing
August 2,2023,a copy of which is attached hereto as Exhibit"A",except as hereinafter provided:
A. All references to the City of Racine, WI / HVAC Products, Installation, Labor
Based Solutions and Related Product and Services Contract pursuant to Contract
No. 3341 shall be deemed as references to the City of Boynton Beach.
(00533394.1 306-9001821)
Piggyback Contract—Trane U.S.Inc. I
B. All Notices to the City shall be sent to:
City: Daniel Dugger, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
Copy: David N. Tolces, City Attorney
Weiss Cerota Helfman Cole+Bierman
2255 Glades Road, Suite 200 E
Boca Raton, FL 33431
Telephone: (561) 835-2111
C. The following terms and conditions are hereby incorporated into the Agreement:
TAX EXEMPT.Prices applicable to CITY do not include applicable state and local sales,use and
related taxes.The CITY is exempt from state and local sales and use taxes and shall not be invoiced
for the same. Upon request CITY will provide VENDOR with proof of tax-exempt status.
SOVEREIGN IMMUNITY. Nothing contained in Agreement nor contained herein shall be
considered nor construed to waive CITY's rights and immunities under the common law or Section
768.28, Florida Statutes, as may be amended.
BINDING AUTHORITY. Each person signing this Addendum on behalf of either Party
individually warrants that he or she has full legal power to execute the Addendum on behalf of the
Party for whom he or she is signing, and to bind and obligate such Party with respect to all
provisions contained in this Addendum.
ATTORNEY'S FEES.In the event that either Party brings suit for enforcement of the Agreement,
each Party shall bear its own attorney's fees and court costs.
PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are
exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the
City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply
with Florida's Public Records Law. Specifically,the Vendor shall:
A. Keep and maintain public records required by the City to perform the service;
B. Upon request from the City's custodian of public records, provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as
otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
(00533394.1306-9001821
Piggyback Contract—Trane U.S.Inc. 2
duration of the contract term and, following completion of the contract, Vendor shall
destroy all copies of such confidential and exempt records remaining in its possession once
the Vendor transfers the records in its possession to the City; and
D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City,
all public records in Vendor's possession All records stored electronically by Vendor
must be provided to the City, upon request from the City's custodian of public records, in
a format that is compatible with the information technology systems of the City.
E. IF THE VENDOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
SCRUTINIZED COMPANIES - 287.135 AND 215.473. By execution of this Agreement,
Vendor certifies that Vendor is not participating in a boycott of Israel.The Vendor further certifies
that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized
Companies with Activities in Sudan List,and not on the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List,or has Vendor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law,the City will not contract for the provision of
goods or services with any scrutinized company referred to above. Submitting a false certification
shall be deemed a material breach of contract. The City shall provide notice, in writing, to the
Vendor of the City's determination concerning the false certification. The Vendor shall have five
(5)days from receipt of notice to refute the false certification allegation. If such false certification
is discovered during the active contract term, the Vendor shall have ninety (90) days following
receipt of the notice to respond in writing and demonstrate that the determination of false
certification was made in error. If the Vendor does not demonstrate that the City's determination
of false certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to
time.
E-VERIFY. VENDOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described herein
below.
1. Definitions for this Section:
A. "Contractor" means a person or entity that has entered or is attempting to
enter into a contract with a public employer to provide labor, supplies, or
services to such employer in exchange for a salary, wages, or other
(00533394.1 306-9001821
Piggyback Contract—Trane U.S.Inc. 3
remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor in exchange for a
salary,wages,or other remuneration.
C. "E-Verify System"means an Internet-based system operated by the United
States Department of Homeland Security that allows participating
employers to electronically verify the employment eligibility of newly hired
employees.
2. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes,
effective January 1, 2021, Contractors, shall register with and use the E-Verify System in
order to verify the work authorization status of all newly hired employees. Contractor shall
register for and utilize the U.S. Department of Homeland Security's E-Verify System to
verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract; and
B. All persons (including sub-vendors/sub-consultants/sub-contractors)
assigned by Contractor to perform work pursuant to the contract with the
City of Boynton Beach. The Contractor acknowledges and agrees that
registration and use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract
with the City of Boynton Beach; and
C. The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat., "Employment Eligibility," as amended from time to time. This
includes, but is not limited to registration and utilization of the E-Verify
System to verify the work authorization status of all newly hired employees.
Contractor shall also require all subcontractors to provide an affidavit
attesting that the subcontractor does not employ, contract with, or
subcontract with, an unauthorized alien. The Contractor shall maintain a
copy of such affidavit for the duration of the contract. Failure to comply
will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit
Court no later than twenty (20)calendar days after the date of termination.
Termination of this Contract under this Section is not a breach of contract
and may not be considered as such. If this contract is terminated for a
violation of the statute by the Contractor, the Contractor may not be
awarded a public contract for a period of one (1) year after the date of
termination.
DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of
competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
(00533394.1 306-9001821)
Piggyback Contract—Trane U.S.Inc. 4
EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both
parties. This Agreement may be signed by the parties in counterparts which together shall
constitute one and the same agreement among the parties.A facsimile signature shall constitute an
original signature for all purposes.
TERMINATION FOR CONVENIENCE. This Agreement may be terminated by the City for
convenience, upon fourteen(14)days of written notice by the terminating party to the other party
for such termination in which event the Vendor shall be paid its compensation for services
performed to the termination date, including services reasonably related to termination. In the
event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall
indemnify the City against loss pertaining to this termination.
TERMINATION FOR CAUSE. In addition to all other remedies available to City, this
Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to
perform or observe any of the terms, provisions, conditions, or requirements herein contained, if
such neglect or failure shall continue for a period of thirty (30) days after receipt by Vendor of
written notice of such neglect or failure.
INDEMNIFICATION. Vendor shall indemnify and hold harmless the City, its elected and
appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their
subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action
whatsoever, and the resulting losses, damages, costs and expenses, including but not limited to
attorneys' fees, including paralegal expenses, liabilities,damages,orders,judgements,or decrees,
sustained by the City arising out of or resulting from (A) Vendor's performance or breach of
Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by
Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's
failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay
all claims and losses in connection therewith and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of the City, where applicable including appellate
proceedings,and shall pay all costs,judgements,and attorneys' fees which may issue thereon.The
obligations of this section shall survive indefinitely regardless of termination of Agreement.
LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it
is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due
to Vendor under the Agreement., regardless of whether said liability be based in tort, contract,
indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary
damages or for lost profits or consequential damages.
INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer
relationship between the Parties. It is the intent of the Parties that Contractor is an independent
contractor pursuant to the Agreement and shall not be considered the City's employee for any
purpose.
COUNTERPARTS AND EXECUTION. This Addendum may be executed by electronic
signature or by hand, in multiple originals or counterparts,each of which shall be deemed to be an
original and together shall constitute one and the same agreement. Execution and delivery of this
(00533394.1306-9001621
Piggyback Contract—Trane U.S.Inc. 5
Addendum by the Parties shall be legally binding,valid and effective upon delivery of the executed
documents to the other Party through facsimile transmission, email, or other electronic delivery.
COMPLIANCE WITH LAWS.Vendor hereby warrants and agrees,that at all times material to
the Agreement, Vendor shall perform its obligations in compliance with all applicable federal,
state, local laws, rules and regulations, including Section 501.171, Florida Statutes. Non-
compliance may constitute a material breach of the Agreement.
ASSIGNMENT. In the event Agreement, and any interests granted herein shall be assigned,
transferred,or otherwise encumbered,under any circumstances by Vendor,Vendor must gain prior
written consent from City thirty (30) days before such transfer. For purposes of Agreement, any
change of ownership of Company shall constitute an assignment which requires City's approval.
Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in
whole or in part as part of a corporate reorganization,consolidation,merger or sale of substantially
all of its assets related to this Agreement. Vendor shall provide City written notice of any such
corporate reorganization, consolidation, merger or sale of substantially all of its assets related to
this Agreement within thirty(30)days of such event.
AGREEMENT SUBJECT TO FUNDING. The Agreement shall remain in full force and effect
only as long as the expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Boynton Beach in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding. Early termination by City due
to loss of funding shall not obligate Vendor to refund any prepaid fees.
Section 1. Entire Agreement. The Agreement and this Addendum, and any subsequent
amendments or purchase orders signed by the Parties hereto shall constitute the entire
understanding of the Parties.
Section 2. Severability. If any provision of this Addendum or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of
this Addendum, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable, shall not be affected
thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
Signature Page to follow
)00533394.1 306-9001821)
Piggyback Contract—Trane U.S.Inc. 6
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, FLORIDA TRANE U.S. INC.
Daniel Dugger, City Manager (Signature), Company
Print Name of Authorized Official
Title
Approved as to Form:
David N. Tolces, City Attorney (Corporate Seal)
Attest/Authenticated:
Attested/Authenticated:
/ (Signature), Witness
111...‘., 11
City Clerk Print Name
pYNTONlt
1 USEAL
•
;INCORPORATED i
I. •••• 1 � '
110 /
1 ••1.....••
,`‘. FLOR��t.
(00533394.1 306-9001821
Piggyback Contract—Trane U.S.Inc. 7
EXHIBIT A
AGREEMENT BETWEEN THE CITY OF RACINE, WI
AND
TRANE U.S. INC.
(00533394.1 306-9001821
Piggyback Contract—Trane U.S.Inc. 8
OMNIA®
PARTNERSONALIPA us.COMMUNITIES
HVAC Products, Installation, Labor Based Solutions, and Related Products and Services
Executive Summary
Lead Agency: Racine County, Wisconsin Solicitation: RC2022-1001
Solicitation Issued:June 15, 2022 Pre-Bid Date:June 29, 2022
Response Due Date:July 21, 2022 Awarded to:Trane U.S. Inc.
Racine County, Wisconsin issued IFB#RC2022-1001 on June 15, 2022,to establish a national cooperative contract
for HVAC Products, Installation, Labor Based Solutions, and Related Products and Services.
The solicitation included cooperative purchasing language in Section II. INSTRUCTION TO BIDDERS, K. National
Contract:
Subject to its fiduciary and statutory obligations, Racine County, as the Principal Procurement Agency, defined in
Attachment D—National Cooperative Contract to be Administered by OMNIA Partners, has partnered with OMNIA
Partners, Public Sector("OMNIA Partners")to make the resultant contract(also known as the "Master Agreement"
in materials distributed by OMNIA Partners)from this solicitation available to other public agencies nationally,
including state and local governmental entities, public and private primary, secondary and higher education
entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through OMNIA Partners'
cooperative purchasing program. Racine County is acting as the contracting agency for any other Public Agency
that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is
preceded by their registration with OMNIA Partners (a "Participating Public Agency") and by using the Master
Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether
pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is
attached hereto on Attachment D — National Cooperative Contract, or as otherwise agreed to. Attachment D —
National Cooperative Contract contains additional information about OMNIA Partners and the cooperative
purchasing agreement.
Notice of the solicitation was sent to potential offerors, as well as advertised in the following:
• Racine County website
• OMNIA Partners website
• USA Today, nationwide
• Arizona Business Gazette, AZ
• San Bernardino County Sun, CA
• Honolulu Star-Advertiser, HI
• The Herald-News—Will County(IL)
Version July 14,2022
• The Advocate—New Orleans, LA
• The New Jersey Herald, NJ
• Albany Times Union, NY
• Daily Journal of Commerce,OR
• The State,SC
• Deseret News, UT
• Richmond Times-Dispatch,VA
• Seattle Daily Journal of Commerce, WA
• Houston Community Newspapers,TX
• Helena Independent Record, MT
• Las Vegas Sun
• Kennebec Journal, ME
Socio-economic Outreach:To encourage participation of small businesses,minority owned businesses and women
owned businesses, Historically Underutilized Businesses were notified of the Invitation to Bid.
On Thursday July 21,2022, bids were received from the following offerors:
• Trane U.S. Inc.
Trane U.S. Inc. was the lowest responsive, responsible, and qualified bidder based on the requirements issued in
the IFB. The County Executive, who was granted authority on January 11, 2022 by the Racine County
Commissioners, approved the contract award. The contract was executed on August 17, 2022 with an effective
date of September 1, 2022.
Contract includes HVAC Products, Installation, Labor Based Solutions, and Related Products and Services. Trane
U.S. Inc. can provide products and services covering the following areas:
• Operate, Maintain & Repair
o Connectivity and Cloud Services
o HVAC System Management
o HVAC System Repair
o Rental Solutions
o Parts and Supplies
• Energy&Sustainability
o Energy conservation Measures
o Energy Monitoring&Analysis
o Active Energy Management
o Financing& Energy Services Contracting
• Design, Upgrade& Modernize
o Upgrading Existing Equipment
o Building Systems Design and Upgrades
o HVAC System Retrofits
o Indoor Air Quality(IAQ)
• Building Systems and Technologies
o Variable Refrigerant Flow(VRF) and Ductless Systems
o Chillers
o Packages Units and Split Systems
Version July 14,2022
o Air Handlers,Terminal Devices,Vav and Fan Coils
o Variable Frequency Drives (VFD)
o Energy Storage
o Precision Cooling
• Building Management and Automation
o Solutions for Large Buildings and Campuses
o Small Building Solutions
o Air-Fi® Wireless Communications
o Lighting Solutions
o Controls Solutions for Light Commercial Contractors
• Design and Analysis Software Tools
Term:
• September 1,2022 to August 31,2027 with the option to renew for one(1)additional five(5)year period.
The anticipated full term of the contract is ten (10) years. Trane U.S. Inc. has the right to enter local
"service" agreements with Participating Public Agencies accessing the contract through OMNIA Partners,
so long as the effective date of such agreement is prior to the expiration of the Contract. All local
agreements may have a full potential term(any combination of initial and renewal periods)subject to the
discretion of the Participating Public Agency. Any job orders, project agreements, or maintenance
agreements executed against the Master Agreement during the effective term may survive beyond the
expiration of the Master Agreement as established and agreed to by both parties.
Pricing/Discount:
• Bid Form Available Upon Request.
Version July 14,2022
Racine County, Wisconsin
Contract # 3341
for
HVAC Products, Installation, Labor Based Solutions and
Related Product and Services
with
Trane US Inc.
Effective: September 1 , 2022
The following documents comprise the executed contract between the
Racine County, Wisconsin and Trane U.S. Inc., effective September 1 ,
2022:
I. Vendor Contract and Signature Form
II. Supplier's Response to the IFB, incorporated by reference
DocuSign Envelope ID:5AB039C2-2DAF-4A1 E-9286-D4840C496111
Oh- Purchasing Department
730 Wisconsin Avenue
• Racine,WI 53403
Rae 1 ne County fax.262-636-3763
HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS AND RELATED
PRODUCT AND SERVICES CONTRACT 2022
This Contract made and entered into this 16th day of August 2022, by and between
Racine County, Wisconsin, 730 Wisconsin Avenue, Racine, Wisconsin 53403 (hereinafter
referred to as "COUNTY") and Trane U.S. Inc., 800 Beaty Street, Davidson, North Carolina
28036-6924 (hereinafter referred to as "CONTRACTOR").
WITNESSETH:
For good and valuable consideration, the parties agree as follows:
1 . WORK: CONTRACTOR shall provide HVAC PRODUCTS, INSTALLATION, LABOR
BASED SOLUTIONS AND RELATED PRODUCT AND SERVICES:
The undersigned parties understand and agree to comply with and be bound by the
entire contents of Sealed Bid # RC2022-1001 : HVAC PRODUCTS, INSTALLATION,
LABOR BASED SOLUTIONS AND RELATED PRODUCT AND SERVICES (aka, the
Contractor's Bid Proposal submitted July 21 , 2022) which is incorporated herein by
reference. CONTRACTOR understands and agrees that the bonds and insurance
required by the Project Manual are to be kept current at all times through the length of
each term and for 90 Days following completion of each term. Bonds and insurance
must be renewed and presented to the COUNTY at the time of each renewal term if
COUNTY chooses to renew. Bonds and insurance shall be written by a firm acceptable
to the COUNTY as specified in the Project Manual.
2. TERM: September 1, 2022, to August 31, 2027, with full renewal of one (1) additional
five (5) year term per the Project Manual. COUNTY shall exercise renewal options by
issuance and delivery to CONTRACTOR of a written notice to renew this Agreement.
3. PROJECT: HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS AND
RELATED PRODUCT AND SERVICES in accordance with the Project Manual.
4. PRICE: Price as stated for all schedules included in the Project Manual.
DocuSign Envelope ID:5AB039C2-2DAF-4A1 E-9286-D4840C496111
5. CANCELLATION: This contract may be cancelled without penalty or obligation of any
kind, by COUNTY by, for or on behalf of itself or its agencies, departments, officers,
agents or employees immediately upon written notice to all parties that sufficient funds
have not been budgeted by the County Board of Supervisors to pay the obligations
under this agreement.
Either party may terminate the contract on the anniversary date in any
subsequent year of the contract by providing the other party with written notice ninety
(90) days prior to the anniversary date.
If the CONTRACTOR fails to maintain and keep in force required insurance,
COUNTY shall have the right to cancel and terminate the contract without notice.
Notwithstanding any of the terms and conditions contained herein, the COUNTY
and CONTRACTOR reserve the right to terminate the contract at any time for any
reason by providing written notice of termination to the other party no less than ninety
(90) days in advance of termination. In the event of said termination, CONTRACTOR
shall not reduce its activities hereunder unless agreed in advance by COUNTY. The
CONTRACTOR will pay according to the contract for services tendered through the
date of termination.
RACINE COUNTY
DocuSigned by: ,, DocuSigned by:
BY. ,D t� taerum8/17/2022 BY: l idkaL j, Lzku"),A5v f 8/17/2022
`-7ee76D969315406 L—SBP9231 CFBA6461
,—DocuSignedbyy:: , DocuSigned by:
BY: Oituk-ki (& `S{t,ln'SU&, 8/17/2022 BY: 'JPm Irak 8/16/2022
—F14Abb51bJ4 UU4 U4
Trane UDS signcdby
BY: Sf'UA1L4" 8/16/2022
--95F,4Ct,HCBv64F
DocuSign Envelope ID:F348908E-7A95-44F8-BE12-68B5ABA30B2B
Racine County Contract & Contract Amendment Form
Attach one copy of the contract to be filed.Attach more copies if required by vendor.
Munis Contract#: 3341 Amendment: I Yes ❑ No Signed by vendor: U Yes ❑ No ❑ DocuSign
Contract Type ❑ Non Encumber Expense ❑ Encumber Expense 0 HSD PO Expense I Revenue
Vendor/Customer#: 3931-2 Vendor Name: TRANE US INC
Full Address: 800 E BEATY ST DAVIDSON NC 28036
Department: FIN Sub Department:
Brief Description of Services: AMENDMENT BID #RC2022-1001 HVAC PRODUCTS, INSTALLATION
Contact/administrator: Duane McKinney Contact Munis ID 6750dmckinne
Contract Start: 09/01/2022 Contract End: 08/31/2027
If this is a multi year contract-Committee and County Board authorization is needed before the contract can be processed.
By completing this form,Procurement Policy has been followed.
Accounts Information
Account Name: Account Number Amended Amount New Contract Amount Year
13500000.311045 22-27
If additional account lines are necessary,attach a schedule. Total: $ 0.00 -
Have you read the agreement: U Yes 0 No Do you understand&agree with the Terms I Yes ❑ No
Are there things that you think should be changed in this Contract: ❑ Yes I No
If yes,please attach a memo stating the changes you think should be made.
Was a resolution passed to authorize the original contract: ❑ Yes I No
If yes, indicate the resolution number: 2021-96 (attach a copy of the resolution)
Is there a required signature date: ❑ Yes ❑ No If yes, what date:
Corp Counsel Stamp: County Clerk Stamp:
Upon complete execution of this contract,an original copy must be placed on file with the County Clerk along with this cover sheet.
This form is to be printed on Pastel Yellow paper. Updated 111320 BE
DocuSign Envelope ID:F348908E-7A95-44F8-BE12-68B5ABA30B2B
HVAC Products, Installation, Labor Based Solutions and Related Product and Services Contract 2022
AMENDMENT NO. ONE (1)
This Amendment No. One (1) is effective January 1, 2023 and is to modify the HVAC Products, Installation,
Labor Based Solutions and Related Product and Services Contract 2022 agreed upon by Racine County,
Wisconsin, 730 Wisconsin Avenue, Racine, Wisconsin 53403("County")and Trane U.S. Inc., 800 Beaty Street,
Davidson, North Carolina 28036-6924 ("Contractor") (hereinafter each a "Party" and collectively referred to as
"Parties") on August 16, 2022 ("Contract").
The Parties hereby agree to amend the Contract as follows:
1. WORK:
To modify pricing as necessary to account for market changes, and labor and material increases..
Details are provided in Attachment A of this Amendment No. 1.
2. PRICE:
The County agrees to the revised prices.
Details are located in Attachment A.
ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY.
RACINE
BY: ',---713.070D009,7,113400 ad
Jonathan elagrav
e
Racine County Executive
DocuSigned by:
1/6/2023
DATE: itt04441 LainitybVf
DocuSigned by: "L1 '-36F9231CFBA8401..
BY: wt,ln,t Claistu&st,ln, 1/5/2023
QV3NUMiListensen
Racine County Clerk
DATE: 1/6/2023
p—DocuSigned by:
—DocuSigned by: Ckier0iJ„ 0A
TRANE U.S. INC. SPtlh.lti' �14A5ss26U1s41004D4
BY:DATE:
12/21/2022 -99rF4CC,ACo9ovFi 12/21/2022
HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS AND RELATED Page 1 of 14
PRODUCT AND SERVICES CONTRACT 2022