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HomeMy WebLinkAboutReso 2024-3749RESOLUTION NO. 2024 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN FIRST AMENDMENT TO THE AGREEMENT WITH JOHNSON CONTROLS, INC. TO PROVIDE PREVENTATIVE MAINTENANCE AND REPAIR SERVICES TO CITY'S HVAC AND LIGHTING MECHANICAL AND CONTROL SYSTEMS AT THE GOVERNMENT CENTER, IN AN AMOUNT NOT TO EXCEED FIFTY-FOUR THOUSAND DOLLARS AND NO CENTS ($54,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is in need of a contractor to provide preventative maintenance and repair services to City's HVAC and lighting mechanical and control systems at the Government Center, including its Metasys Facility Management System, (the "Services"); and WHEREAS, Johnson Controls, Inc. (the "Contractor") is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, after conducting a good faith review of available sources, the City Manager has determined that there is only one source for the required Services capable of fulfilling the needs of the City; and WHEREAS, the Services can only be procured from the Contractor; and WHEREAS, pursuant to the City's procurement code provisions, Section 62-13(F), purchases of supplies, equipment, or services made from a sole source, are exempt from the City's bidding procedures; and WHEREAS, the City wishes to approve an Agreement with the Contractor to provide the desired Services, in an amount not to exceed Fifty -Four Thousand Dollars and No Cents ($54,000.00), which includes a contingency in the amount of Twenty Thousand Seven Hundred Fifty -Two Dollars and No Cents ($20,752.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with the Johnson Controls, Inc. to provide preventative maintenance and repair services to City's HVAC and lighting mechanical and control systems at the Government Center, including its Metasys Facility Management System, in an amount not to exceed Fifty -Four Thousand Dollars and No Cents ($54,000.00), which includes a contingency in the amount of Twenty Thousand Seven Hundred Fifty -Two Dollars and No Cents ($20,752.00), attached hereto as Exhibit "A". @BCL@3COBFE54.doc Page 1 of 2 277 Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 211t day of ve ber, 2024. ATTEST: Maurici�o Betancuq CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: dsA� - .!°¢� Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:��1690/J�/Z�y Seconded by: Vote: Mayor Svechin/(('Y✓ es) (No) Vice Mayor Lama ,(Yes) (No) Commissioner Joseph ✓ (Yes) (No) Commissioner Stuyvesant(Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@3C0BFE54.doc Page 2 of 2 278 QS„NNY IgFlo x AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND JOHNSON CONTROLS, INC. l l)a FLO`S CONTRACT NO. 2024-3373 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this ?,,,?APday of November, 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and JOHNSON CONTROLS, INC., a corporation authorized to do business in the State of Florida, whose Federal Employer Identification (FEI) No. is 39-0380010 (hereinafter referred to as "Contractor"). RECITALS WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide preventative maintenance and repair services to City's HVAC and lighting mechanical and control systems at the Government Center, including its Metasys Facility Management System, as more particularly set forth in Attachment "A" (hereinafter "Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the Services can only be procured from one source, the Contractor; and WHEREAS, pursuant to the City's procurement code provisions, Section 62-13(F), purchases of supplies, equipment, or services made fiom a sole source, are exempt from the City's bidding procedures; and WHEREAS, City Manager and the City's purchasing agent have determined, after conducting a good faith review of available sources, that there is only one source for the required Services capable of fulfilling the needs of the City; and WHEREAS, the City's purchasing agent has conducted negotiations, as to price and terms, with Contractor; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment "A" for Thirty -Three Thousand Two Hundred Forty - Eight Dollars and No Cents ($33,248.00) plus Twenty Thousand Seven Hundred Fifty -Two Dollars and No Cents ($20,752.00) for contingency, if necessary, resulting in a total not -to -exceed amount of Fifty -Four Thousand Dollars and No Cents ($54,000.00); NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties set forth herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide preventative maintenance and repair services to City's HVAC and lighting mechanical and control systems at the Government Center, including JOHNS ON CONTROLS, INC. 0 00 N City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax its Metasys Facility Management System, as more particularly set forth in Attachment "A." Contractor shall notify City of any technical issues that arise and will provide a quarterly report of the system upon inspection. The Services shall be perforined by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this Agreement and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth herein, this Agreement shall commence January 1, 2025, and shall continue for an initial term of tluee (3) years. City, at its sole discretion, shall have the option to renew this Agreement for two (2) one year terms. The terms of Section 12, entitled "Indemnification and Waiver of Liability," Section 19, entitled "Compliance with Law," Section 7, entitled Warranty of Services, and Section 8, entitled "Defective Work," shall survive termination of this Agreement. 4. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for Services perfonned under this Agreement Thirty -Three Thousand Two Hundred Forty -Eight Dollars and No Cents ($33,248.00) plus Twenty Thousand Seven Hundred Fifty -Two Dollars and No Cents ($20,752.00) for contingency, if necessary, resulting in a total not -to -exceed amount of Fifty -Four Thousand Dollars and No Cents ($54,000.00). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the following. A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. B. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices following each monthly period within 30 (thirty) days of receipt, for completed Services and accepted deliveries, unless the City notifies the Contractor in writing of the dispute, before the payment is due. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available fiinds sufficient to purchase the Services procured pursuant to this Agreement, the City JOHNSON CONTROLS, INC. V - co N City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead, or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. Contractor is an independent Contractor and shall be treated as such for all put -poses. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage, and liabilities caused by Contractor, its agents or employees, as indicated below: A. Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of Five Million Dollars ($5,000,000) per occurrence, and Twenty Million Dollars ($20,000,000.00) aggregate. B. Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. JOHNSON CONTROLS, INC. 3 N co N City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax C. Business Automobile Liability which shall include coverage for all owned, non - owned and hired vehicles for minimum limits of not less than Five Million Dollars ($5,000,000) combined single limit. D. Umbrella/Excess Liability Policy at a minimum of $3,000,000. The Conunercial General Liability, Automobile and Umbrella policies must include the City of Sunny Isles Beach as Additional Insured, be based on a Primary /Non -Contributory basis, and include a Waiver of Subrogation on behalf of the City of Sunny Isles Beach. Workers' Compensation must include a Waiver of Subrogation on behalf of the City of Sunny Isles Beach. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub - Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 7. WARRANTY OF GOODS & SERVICES. A. Contractor shall warrant the labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. B. Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence JOHNSON CONTROLS, rNC. M N City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. C. Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. DEFECTIVE WORK. A. The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non -defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. B. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. C. If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt ofwritten notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. D. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. E. Where the City or its designee becomes aware of faults, defects, or non -conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure JOHNSON CONTROLS, INC. le 00 N City of Sunny Isles Burch 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of tennination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at ally time by giving Contractor ten (10) days written notice. The terms of Paragraph 9A(1) and A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the tern of this Agreement or any time for a period of ten (10) years subsequent to that date upon which this Agreement expires or is terminated, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the JOHNSON CONTROLS, INC. 00 N City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 11. ASSIGNMENTS TRANSFERS SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Contractor. 12, INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in -performance of Services -under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any surn due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 13. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to JOHNSON CONTROLS, INC. 7 W 00 N City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smmorris� sibfl.net atgileau@ngnlaw.com If to the John Garlecki Contractor: Johnson Controls, Inc. 15901 S.W. 29th Sheet, Ste. 801 Miramar, FL 33027 Tel: (954) 734-0719 15. PUBLIC RECORDS. Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform. the service, B. Upon request from the City, Contractor shall 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records JOHNSON CONTROLS, INC. t- oo oo N City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1195 FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 411 Floor, Sunny Isles Beach, Florida 33160. 16. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 17. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as. amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 18. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Code of Ordinances, Section 33-3, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. JOHNSON CONTROLS, INC. 9 00 00 N City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local govermnental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachments "A." 21. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is .listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment `B." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor 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 Florida Statute Section 287.135. 22. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website JOHNSON CONTROLS, INC. 10 rn 00 N City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "C." 23. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Attachment "D," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. 24. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire. agreement between the parties with respect to the subject matter hereof, and it shall supersede all pfevib. us,`and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] JOHNSON CONTROLS, INC. 11 City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. JOHNSON CONTROLS, INC. By: � �^— John G4neeld, Branch Services Manager STATE OF FLOP -JDA: COUNTY OF r>l 4> The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this /o? qday of November, 2024, by John Garnecki, as Branch Services Manager of Johnson Controls, Inc. (SEAL) Notary Public, State of Florida (Signature of Notary Public) ' •., DONNASHERLOCK Notary Public • State of Florida g` Commission k HH 308599 My Comm. Expires Oct 16, 2026 Bonded through National Notary Assn. (Print, Type, or Stamp ComrnissionedNarne of Notary Public) Personally Knownor Produced Identification Type of Identification Produced: [ADDITIONAL SIGNATURE PAGE TO FOLLOW] JOHNSON CONTROLS, INC, 12 V- o) N City of Sunny kyles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST: CITY OF , Y ISLES BEACH BY: BY: Mau icio Mcianjur, Larisa Svechin, Mayor CMC City Clerlt APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: BY: Department Head 1 ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney JOHNSON CONTROLS, INC. 13 N O) N City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A JOHNSON CONTROLS, INC. 14 Customer CITY OF SUNNY ISLES Local Johnson Controls Office 15901 SW 29TH ST STE 801 M I RAMAR, FL 33027-5252 Agreement Start Date: 01/0112025 Proposal Date 10/24/2024 Estimate No: 1-1 PCPD3XM Partnering with you to deliver value -driven solutions Every day, we transform the environments where people live, work, learn and play. From optimizing building performance to improving safety and enhancing comfort, we are here to power your mission. A Planned Service Agreement with Johnson Controls provides you with a customized service strategy designed around the needs of your facility. Our approach features a combination of scheduled, predictive and preventative maintenance services that focus on your goals. As your building technology services partner, Johnson Controls delivers an unmatched service experience delivered by factory -trained, highly skilled technicians who optimize operations of the buildings we work with, creating productive and safe environments for the people within. By integrating our service expertise with innovative processes and technologies, our value -driven planned service solutions deliver sustainable results, minimize equipment downtime and maximize occupant comfort. With more than a century of healthy buildings expertise, Johnson Controls leverages technologies to successfully deliver smart solutions to facilities worldwide. Johnson Controls was recognized by Frost & Sullivan as the 2020 North American Company of the Year for innovation in the Smart 2020 1 North American Company of the Year for connected Chillers market Award Innovation in Smart Connected Chillers V N Planned Service Proposal CITY OF SUNNY ISLES Executive summary Planned service proposal for CITY OF SUNNY ISLES Dear Customer, We value and appreciate your interest in Johnson Controls as a service provider for your building systems and are pleased to provide a value -driven maintenance solution for your facility. The enclosed proposal outlines the Planned Service Agreement we have developed on your facility. Details are included in the Planned Service Agreement summary (Schedule A), but highlights are as follows: • In this proposal we are offering a service agreement for 3 Years starting 01/01/2025 and ending 12/31/2027. • The agreement price for first year is $10,546.00; see Schedule A, Supplemental Price and Payment Terms, for pricing in subsequent years. Y The equipment options and number of visits being provided for each piece of equipment are described in Schedule A, Equipment list. As a manufacturer of both mechanical and controls systems, Johnson Controls has the expertise and resources to provide proper maintenance and repair services for your facility. Again, thank you for your interest in Johnson Controls and we look forward to becoming your building technology services partner. Please contact me if you have any questions. Sincerely, Jorge Castro Service Manager (866)825-8860 The power behind yotir rnisslon 0202A Johnson Controls, Inc. Johnson 610 Customer Confidential Controls Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 2 of 25 Planned Service Proposal CITY OF SUNNY ISLES Benefits of planned service A Planned Service Agreement with Johnson Controls will allow you to optimize your building's facility performance, providing dependability, sustainability and energy efficiency. You'll get a value -driven solution that fits your specific goals, delivered with the attention of a local service company backed by the resources of a global organization. With this Planned Service Agreement, Johnson Controls can help you achieve the following five objectives: 1. Identify energy savings Opportunities Since HVAC equipment accounts for a major portion of a building's energy usage, keeping your system performing at optimum levels may lead to a significant reduction in energy costs. 2. Reduce future repair costs Routine maintenance may maximize the life of your equipment and may reduce equipment breakdowns. 3. Extend asset life Through proactive, factory -recommended maintenance, the life of your HVAC assets may be extended, maximizing the return on your investment. 4. Ensure productive environments Whether creating a comfortable place where employees can be productive or controlling a space to meet specialized needs, maintenance can help you achieve an optimal environment for the work that is being accomplished 5. Promote environmental health and safety When proper indoor conditions and plant requirements are maintained, business outcomes may be improved by minimizing sick leave, reducing accidents, minimizing greenhouse gas emissions and managing refrigerant requirements. All of the services we perform on your equipment are aligned with "The 5 Values of Planned Maintenance" and our technicians understand how the work they perform can help you accomplish your business objectives. C 2024 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Johnson i�60 Controls Page 3 of 25 os N : ;_:, ;:'r<,;,.;v .'x Planned Service Proposal I CITY OF SUNNY ISLES Our partnership Personalized account management A Planned Service Agreement also provides you with the support of an entire team that knows your site and can closely work with you on budget planning and asset management. Your local Johnson Controls account management team can help guide planned replacement, energy retrofits and other building improvement projects. You'll have peace of mind that an entire team of skilled professionals will be looking out for what is best for your facility and budget. A culture of safety Johnson Controls technicians take safety seriously and personally, and integrate it into everything they do. All of our technicians participate in regular and thorough safety training. Because of their personal commitment, we are a leader in the HVAC service industry for workplace safety performance. This means that you do not have to worry about us when we are on your site. Commitment to customer satisfaction Throughout the term of your Planned Service Agreement, we will periodically survey you and use your feedback to continue to make improvements to our service processes and products. Our goal is to deliver the most consistent and complete service experience possible. To meet this goal, we've developed and implemented standards and procedures to ensure you receive the ultimate service experience — every time. Energy & sustainability A more sustainable world one building at a time — Johnson Controls is a company that started more than 125 years ago with a product that reduced energy use in buildings. We've been saving energy for customers ever since. Today, Johnson Controls is a global leader in creating smart environments where people live, work and play, helping to create a more comfortable, safe and sustainable world. The value of integrity Johnson Controls has a long, proud history of integrity. We do what we say we will do and stand behind our commitments. Our good reputation builds trust and loyalty. In recognition for our commitment to ethics across our global operations, we are honored to be named one of the World's Most Ethical Companies by Ethisphere Institute, a leading think tank dedicated to business ethics and corporate social responsibility. In addition, Corporate Responsibility Magazine recognizes Johnson Controls as one of the top companies in its annual "100 Best Corporate Citizens" list. 2024 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Johnson 060 Controls Page 4 of 25 Planned Service Proposal CITY OF SUNNY ISLES Service delivery As part of the delivery of this Planned Service Agreement, Johnson Controls will dedicate a local customer service agent responsible for having a clear understanding of the agreement scope, and your facility procedures and protocols. A high-level overview around our service delivery process is outlined below including scheduling, emergency service, on-site paperwork, communication and performing repairs outside of the agreement scope. Scheduling Preventative maintenance service will be scheduled using our automated service management system. In advance of the scheduled service visit, our technician is sent a notice of service to a smartphone. Once the technician acknowledges the request, your customer service agent will call or e-mail your on-site contact to let you know the start date and type of service scheduled. The technician checks in, wears personal protective equipment, performs the task(s) as assigned, checks out with you and asks for a screen capture signature on the smartphone device. A work order is then e-mailed, faxed or printed for your records. Emergency services Emergency service can be provided 7 days a week, 24 hours a day, 365 days a year. During normal business hours, emergency service will be coordinated by the customer service agent. After hours, weekends and holidays, the emergency service number transfers to the Johnson Controls after-hours call center and on-call technicians are dispatched as needed. Johnson Controls is committed to dispatching a technician within hours of receiving your call through the service line. A work order is e-mailed, faxed or printed for your records. Depending on the terms of your agreement, you may incur charges for after hour services. Communication A detailed communication plan will be provided to you so you know how often we will provide information to you regarding your Planned Service Agreement. The communication plan will also provide you with your main contacts at Johnson Controls. Approval process for non -covered items Johnson Controls will adhere to your procurement process. No work will be performed outside of the agreement scope without prior approval. Johnson Controls will work with you closely to ensure your procurement process is followed before any non -covered item work is started. 0 2024 Johnson Controls, Inc. customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Johnson �J00 Controls Page 5 of 26 h os N 0. rn N s,: Planned Service Proposal CITY OF SUNNY ISLES Summary of services and options Comprehensive and operational inspections During comprehensive and operational inspections, Johnson Controls will perform routine checks of the equipment for common issues caused by normal wear and tear on the equipment. Additional tests can be run to confirm the equipment's performance, Routine maintenance, such as lubrication, cleaning and tightening connections, can be performed depending on the type of equipment being serviced. Routine maintenance Is one of the keys to the five values of maintenance — it can help identify energy saving opportunities, reduce future repair costs, extend asset life, ensure productive environments, and promote health and safety. Operational Visit/Controls System Verification Based on our expertise and factory recommendations, we will execute routine preventative maintenance and calibrations on the equipment controller for your mechanical equipment. The inspection includes the following tasks: • Visual inspection of the control panel. • Review of alarms, points which are offline, out of service and overridden points. Local backup of controller program. Advantages: Provides proactive identification of problems, which helps maintain productive environments, identify energy efficiency opportunities, reduce future repairs and extend the life of your equipment. Operational Visit/Supervisory Controls System Verification Based on our expertise and factory recommendations, we will execute routine preventative maintenance on the supervisory controllers and servers in your Metasys system. The inspection includes the following tasks: • Visual inspection of the control panel and cleaning as needed. • Review of alarms, points which are offline, out of service and overridden points. • Local backups of controllers, objects, and server repositories. • Review security database and ensure default passwords are changed. Advantages: Provides proactive identification of problems, which helps maintain productive environments, identify energy efficiency opportunities, reduce future repairs and extend the life of your equipment. Customer Portal / Service Information Access The Johnson Controls customer portal is the online gateway to easily access various elements of your service information. This real-time, self-service mechanism is just one more way for you to stay in touch with our service within your facilities. Using the internet, you can view service call history by location, monitor agreements, as well as view asset and invoice information. q 2024 Johnson Conlrofs, Inc. Johnson 1010 Customer Confidential Controls Do not copy (physically, electronlcally, or in any other media) without (lie express written permission of Johnson Controls, Inc. Page 6 of 25 Planned Service Proposal €'t CITY OF SUNNY ISLES Summary Thank you for considering Johnson Controls as your building technology services partner. The following agreement document includes all the details surrounding your Planned Service Agreement. With planned service from Johnson Controls, you'll get a value -driven solution that can help optimize your building controls and equipment performance, providing dependability, sustainability and energy efficiency. You'll get a solution that fits your specific goals, delivered with the attention of a local service company backed by the resources of a global organization. The power hehinil your mission © 2024 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Johnson J*4 Controls Page 7 of 25 -, :: s;`:.i1:•c',ai 4:;iti a-:r;<:Planned service Proposal CITY OF SUNNY ISLES Planned. Service Agreement Customer Name : CITY OF SUNNY ISLES Address: 18070 COLLINS AVE SUNNY ISLES BEACH,FL 33160-2723 Proposal Date: 10/24/2024 Estimete #: 1-1PCPD3XM Scope of Service Johnson Controls, Inc. ("JCI") and the Customer (collectively the "Parties") agree Preventative Maintenance Services, as defined in Schedule A ("Services"), will be provided by JCI at the Customer's facility. This Planned Service Agreement, the Equipment List, Supplemental Price and Payment Terms, Terms and Conditions, and Schedules attached hereto and incorporated by this reference as if set forth fully herein (collectively the "Agreement"), cover the rights and obligations of both the Customer and JCI. Extended :.Service:.Options_ for Premium:...Cov..erage If Premium Coverage is selected, on-site repair services to the equipment will be provided as specified in this Agreement for the equipment listed in the attached Equipment List. Equipntgnt List Only the equipment listed in the Equipment List will be covered as part of this Agreement. Any changes to the Equipment List must be agreed upon in writing by both Parties, ut mai ....., _w. a -Term A t c Ree l.. 1..:. n This Agreement takes effect on 01/01/2025 and will continue until 12/31/2027 ("Original Term"). The Agreement will automatically renew and extend for successive terms equal to the Original Term unless the Customer or JCI gives the other written notice it does not want to renew prior to the end of the then -current term (each a "Renewal Term"). The notice must be delivered at least (90) days prior to the end of the Original Term or of any Renewal Term. The Original Term and any Renewal Term may be referred to herein as the "Term". Renewal price adjustments are discussed In the Terms and Conditions. Refrigeranfi.Charges Refrigerant is not included under this Agreement and will be billed separately to the Customer by JCI. O 2624 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Johnson 060 Controls Page 8 of 25 Q 0 M T_ 0 M of Fj s''r::ti 3.4 (A.nviro'k., Planned Service Proposal k) CITY OF SUNNY ISLES The total Contract Price for JCI's Services during the first year of the Original Term is $10,546.00. This amount will be paid to JCI in advance in Quarterly installments. Pricing for each subsequent year of a multiyear Original Term Is set forth in the Supplemental Price and Payment Terms. Unless otherwise agreed to by the parties, All payments will be due upon receipt. Renewal price adjustments are set forth - in the Terms and Conditions. Invoices will be sent to the following location: CITY OF SUNNY ISLES BEACH 18070 COLLINS AVENUE SUNNY ISLES BEACH,FL 33160 To ensure that JCI is compliant with your company's billing requirements, please provide the following information: PO is required to facilitate billing: DNo: This signed contract satisfies requirement [l YES: Please reference this PO number: AR Invoices are accepted via e-mail: YES: E-mail address to be used: LJ No: Please submit invoices via mail No: Please submit via: This proposal is valid for thirty days from the proposal date. JOHNSON CONTROLS Inc. JC(Manager: JCI Manager Signature: Title: Data: JCI Branch: JOHNSON CONTROLS MIAMI FL CB - ON92 Address: 15901 SW 29TH ST STE 801 MIRAMAR,FL 33027.5252 Branch Phone:866 825.8860 Branch Email: Customer Manager: Customer Manager Signature: Title: Date: Johnson 64 © 2024 Johnson Controls, Inc. Controls Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 9 of 25 t;.;. Planned Service Proposal CITY OF SUNNY ISLE=S Schedule: A Equipment List Customer Tact Manufacturer Model # Serial # JCI YORK 1-IGr13548 `Product;.to.(Con oer(eS-.:u..:p`.e..::r:vso Y`/aea: .::v.:er:(UT, 7.,o:.hn....s,.u.:.n...:. :CO..A:.t..:Y:o :.lsCon 0.-26000 olnts:'. Quantity: 2 Services Provided Coverage Level: Basic 4 Operational Customer Tag. Manufacturer Model # Serial JCI YORK 1-1Gr1EEN0 HU `.; h o A ] o Product;Controls:(Controller/end �evices),Air..HandlingUnit . (.... ) ,:.;nam Contro Quantity: 11 Services Provided Coverage Level: Basic 4 Operational Customer Tag Manufacturer Model # Serial # Product: Controls (Controller/End Devices},,Variable Air Volume (VAV}; 7ohnsoln Controls 025 .. Do n int Quantity: 49 Services Provided Coverage Level: Basic 4 Operational 0 2024 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Johnson J00 Controls Page 10 of 25 N O M i,8T 4:wi :':'t°it`,.E :,€ Planned Service Proposal , �=.:t .vs:S `0-- CITY OF SUNNY ISLES Customer Tap Manufacturer Model # Serial # 2024 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Johnson 611 Controls Page 1 i of 25 Itt 0 CO) "r.."d,i;;°°';v::.a:. Planned Service Proposal CITY OF SUNNY ISLES Equipment tasking Controls (Controller/End Devices), Air Handling Unit (AHU), Johnson Controls, 0-20 points Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Verify unit is controlling to set points by checking sequences of operations and PID loops Identify and notify customer of abnormal point communications Identify and notify customer of current overrides (e.g. out of service) and negative impacts Identify and notify customer of all current alarms and negative impacts Check overall condition of panel and perform visual inspection of unit and surrounding area Document tasks performed during visit and report any observations to appropriate customer representative Controls (Controller/End Devices), Generic Input/Output, Johnson Controls, 0-20 points Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Identify and notify customer of abnormal point communications Identify and notify customer of current overrides (e.g. out of service) and negative impacts Identify and notify customer of all current alarms and negative impacts Check overall condition of panel and perform visual inspection of unit and surrounding area Document tasks performed during visit and report any observations to appropriate customer representative Controls (Controller/End Devices), Supervisory/Server/Ul, Johnson Controls, 0-25000 points Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Use compressed air to remove dust from computer case openings and verify operation of CPU and case fans Execute Performance Verification to identify abnormal supervisory device communications. Execute Performance Verification to identify abnormal diagnostic results (e.g. unbound references, object count). Back up all supervisory controllers and OWS/server devices Archive object database for Metasys system Ensure security database is consistent across devices and that default passwords have been changed Back up all server repository databases (e.g. trends, alarms, etc.) Document tasks performed during visit and report any observations to appropriate customer representative Controls (Controller/End Devices), Variable Air Volume (VAV), Johnson Controls, 0-25 points 2024 Johnson Controls, Inc. Johnson 06", Customer Confidential Controls Do not copy (physically, electronically, or in any other media) without lila express written permission of Johnson Controls, Inc. Page 12 of 25 Planned Service Proposal CITY OF SUNNY ISLES Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Run VAV box flow test Verify unit is controlling to set points by checking sequences of operations and PID loops Identify and notify customer of abnormal point communications Identify and notify customer of current overrides (e.g. out of service) and negative impacts Identify and notify customer of all current alarms and negative impacts Document tasks performed during visit and report any observations to appropriate customer representative 0 2024 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Johnson ',lj 0 Controls Page 13 of 25 LO 0 M �' -, ":: -: -d Service Proposal il � .. ;' Marine CI -1Y OF I SUNNY ISLES .. ........... Supplemental.t:Terms (Appjlq§.t9:Mu!t! �q optra tsOnly) Year Total Annual Dollar Amount Payment Frequency...,. Year ... ... . .. . Frequency...._._.....__...... Yearl $10,546.00 Quarterly Year2 $11,390.00 Quarterly ..... .... ...... . ..... Year3 $12,302.00 Quarterly . ...... . . ... ...... .. ......... .. . ...... .. . . ... .... ... . .. — ... ........ ............ ...... . .... --------- - 9 2024 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Johnson 060 Controls Page 14 of 25 Planned Service Proposal r".'!(` Vh.)r CITY OF SUNNY ISLES This agreement includes the following discounts on additional labor and material work outside the scope of the contract. Discounts apply to current pricing and rates and are subject to renegotiation. Labor Discount: 10% 02024 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Johnson %160 Controls Page 15 of 25 h 0 M Go 0 M Planned Service Proposal CITY OF SUNNY ISLES TERMS AND CONDITIONS DEFINITIONS (REV 8/23) DIGITAL. ENABLED SERVICES mean services provided hereunder that employ JCI software and related equipment installed at Purchaser facilities and JCI cloud -hosted software offerings and tools to improve, develop, and enable such services. Digital Enabled Service may include, but are not limited to, (a) remote servicing and inspection, (b) advanced equipment fault detection and diagnostics, and (c) data dashboarding and health reporting. CONTRACT PRICE means the price that Customer shall pay to JCI for the Services. COVERED EQUIPMENT means the equipment for which Services are to be provided under this Agreement. Covered Equipment is set forth in Schedule A - Equipment Ust. EQUIPMENT FAILURE means the failure, under normal and expected working conditions, of moving parts or electric or electronic components of the Covered Equipment that are necessary for its operation. PREMISES means those Customer premises where the Covered Equipment is located or Services performed pursuant to this Agreement. REMOTE MONITORING SERVICES means remote monitoring of Covered Equipment and/or systems including building automation, HVAC equipment, and fire alarm, Intrusion, and/or other life safety systems for alarm and event notifications using a UL Certified Central Station. REMOTE OPERATIONS CENTER (ROC) is the department at JCI that remotely monitors alarm and Industrial (HVAC) process signals. REMOTE OPERATING SERVICES means remote interrogation, modification and/or operation of building automation, HVAC equipment, and/or other Covered Equipment, REPAIR LABOR Is the labor necessary to restore Covered Equipment to working condition following an Equipment Failure, but does not include services relating to total equipment replacement due to obsolescence or unavailability of parts. REPAIR MATERIALS are the parts and materials necessary to restore Covered Equipment to working condition following an Equipment Failure, but excludes total equipment replacement due to obsolescence or unavailability of parts, unless excluded from the Agreement. AtJCI's option, Repair Materials may be new, used, or reconditioned. SCHEDULED SERVICE MATERIALS are the materials required to perform Scheduled Service Visits on Covered Equipment, unless excluded from the Agreement. SCHEDULED SERVICE VISITS are the on-site labor visits required to perform JCI recommended inspections and preventive maintenance on Covered Equipment. SERVICES are the work, materials, labor, service visits, and repairs to be provided by JCI pursuant to this Agreement except that the Services do not Include the Connected Equipment Services or the provision of other software products or digital or cloud services, which are provided under separate terms and conditions referenced in Section P. A. JCI'S SERVICES FOR COVERED EQUIPMENT 1, BASIC COVERAGE means Scheduled Service Visits, plus Scheduled Service Materials (unless excluded from this Agreement). No parts, equipment, Repair Laborer Repair Materials are provided for under BASK COVERAGE. 2. PREMIUM COVERAGE means BASIC COVERAGE plus Repair Labor, plus Repair Materials (unless excluded from the Agreement). If Customer has ordered PREMIUM COVERAGE, JCi will inspect the Covered Equipment within forty-five (45) days of the date of this Agreement, or as seasonal or operational conditions permit. JCI will then advise Customer if JCI finds any Covered Equipment not in working order or in need of repair. With Customer's approval, JCI will perform the work necessary to put the Covered Equipment in proper working condition, subject to the terms of this Agreement. Customer will pay for such work at JCI's standard rates for parts and labor in effect at the time that the work Is performed. If Customer does not want JCI to perform the work identified as necessary by JCI, any equipment thereby affected will be removed from the list of Covered Equipment, and the Contract Price will be adjusted accordingly. Should Customer not make ICI's recommended repairs or proceed with the modified PREMIUM COVERAGE, JCI reserves the right to invoice Customer for the cost of the initial equipment inspection. 3. EXTENDED SERVICE means Services performed outside JCI's normal business hours and is available only if Customer has PREMIUM COVERAGE. Extended Service is available either 24/5 or 24/7, at Customer's election. The price for Extended Service, if chosen by Customer, Is part of the total Contract Price. 4, REMOTE MONITORING SERVICES OR REMOTE OPERATING SERVICES, If Remote Monitoring Services or Remote Operating Services are provided, Customer agrees to furnish JCI with a list of the names, titles, addresses, email addresses, and phone numbers of all persons authorized to be contacted by, or be able to contact the ROC to perform specific agreed upon actions with the appropriate authority. If JCI's Services Include "Remote Monitoring Services with Open and Close," Customer also agrees to furnish JCI with Customer's daily and holiday opening and closing schedules. Customer agrees to maintain and update the call lists with accurate information. Customer further agrees to notify JCI of such changes as soon as possible. JCI/ROC is not responsible to find new contacts/numbers if the contacts on the call lists cannot �� Johnson 060 2024 Johnson Controls, Inc. Controls Customer Confidential Do not copy (physically, electronically, or in any other media) without lite express written permission of Johnson Controls, Inc. Page 16 of 25 Johnson 0 Controls DELEGATION OF AUTHORITY CERTIFICATE The undersigned, Julie Brandt, President, Building Solutions, pursuant to the authority vested in her by: (i) a Sub -Delegation of Authority from the President of Johnson Controls, Inc., a Wisconsin corporation ("JCI"), dated April 24, 2023, (ii) an Incumbency Certificate and Delegation of Authority from the general partner of Johnson Controls Fire Protection LP, a Delaware limited partnership ("JCFP"), dated April 24, 2023, and (iii) a Written Consent in Lieu of Special Meeting of the Management Board from Johnson Controls Security Solutions LLC, a Delaware limited liability company ("JCSS"), dated April 24, 2023, hereby authorizes: John Garnecki HVAC Branch Service Manager (the "Delegate") to perform, on behalf of each of JCI, JCFP and JCSS, the acts described below: To execute and deliver any and all contracts for the performance of work, sale of goods, and furnishing of services, and any other instruments in connection therewith and in the ordinary course of business and in accordance with the current Global Approval Authority Matrix. This authority does not extend to: a. contracts without a (i) financial cap on liability, (ii) fault -based indemnity, and (iii) waiver of consequential damages, unless approved in accordance with the current Global Approval Authority Matrix; b. further sub -delegation of the above acts absent necessary approvals in writing; C. the execution of surety, performance or bid bonds; d. the signing of any notes, contracts, or any other agreement to borrow money in the name of JCI, JCFP and JCSS, or any form of guaranty for the payment or performance of obligations of any subsidiary, affiliate, or joint venture of JCI, JCFP and JCSS; or e. the signing, on behalf of JCI, JCFP and JCSS, of any deeds, abstracts, offers to purchase or any other instruments pertaining to the purchase or sale of real property. Any actions taken by such Delegate within the scope of acts authorized herein taken between the date of expiration of any prior delegation of authority and the date hereof are hereby ratified, confirmed and approved as the acts and deeds of JCI, JCFP and JCSS. This authority shall remain in full force and effect for one year from the date of issue unless earlier terminated by JCI, JCFP or JCSS or shall automatically terminate upon the end of Delegate's employment with any affiliated company of Johnson Controls International plc. Signed at Milwaukee, Wisconsin, this 22"d day of May, 2024. Johnson Controls, Inc. Johnson Controls Fire Protection LP, and Johnson Controls Security Solutions LLC Julie Brandt President, Building Solutions, NA WI ATTESTS: Steve W. Keane Vice President and Assistant Secretary Johnson Controls, Inc. M&Q9A___1 ileather A. own Vice President and Secretary Johnson Controls Fire Protection LP Vice President and Assistant Secretary Johnson Controls Security Solutions LLC • FLOC 4 C,�k OF V)A City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Fabricio Volpi, Public Works Director DATE: November 21, 2024 RE: Approval of an Agreement with Johnson Controls, Inc. to Provide Preventative Maintenance and Repair Services to the Government Center HVAC and Metasys Facility Management System RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach is in need of a contractor to provide preventative maintenance and repair services to City's HVAC and Metasys Facility Management System at the Government Center. Johnson Controls, Inc (Contractor) is a certified and insured company with the necessary experience to provide the services. Pursuantto the City's procurement code provisions, Section 62-13(F), purchases of supplies, equipment, or services made from a sole source, are exempt from the City's bidding procedures; and the City Manager and the City's purchasing agent have determined, after conducting a good faith review of available sources, that there is only one source for the required services capable of fulfilling the needs of the City. The City's purchasing agent has conducted negotiations, as to price and terms, with Contractor. The City wishes to contract with Johnson Controls, Inc to provide the desired services for an amount of $33,248.00 for the initial 3 years, plus contingency $20,752.00 with an amount not to exceed $54,000.00. FUNDING SOURCE: Item Number: 9.F 275 Funds have been appropriated in account no. 001-5-5391-446003-00000. ATTACHMENTS: Resolution Agreement Item Number: 9.F 276