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HomeMy WebLinkAboutReso 2009-1396 RESOLUTION NO, 2009- J 3DJL A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO AGREEMENT WITH TRANE FOR ADDITIONAL SERVICES FOR THE AIR CONDITIONING UNIT AT PELICAN COMMUNITY PARK, IN AN AMOUNT NOT TO EXCEED TEN THOUSAND NINE HUNDRED DOLLARS ($10,900.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE EXPENDITURE OF FOUR THOUSAND ONE HUNDRED DOLLARS ($4,100.00) IN CONTINGENCY FUNDS; AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT TO 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 is desirous of keeping the air conditioning unit at Pelican Community Park operating at peak performance, especially for the gymnasium which requires a constant temperature to mitigate damage to the hardwood floors; and WHEREAS, on September 18, 2008 via Resolution No. 2008-1317 the City Commission approved an agreement with TRANE for an initial chemical cleaning and coating of the air conditioning unit ($5,450,00), along with an annual maintenance and inspection service ($5,480,00), in Pelican Community Park, in a total amount not to exceed Ten Thousand Nine Hundred Thirty Dollars ($10,930,00); and WHEREAS, staff now wishes to replace a defective chill water valve actuator on the air handling unit, replace a chilled water temperature sensor in the multi-stack chiller, and furnish and install a Trane Tracer Summit Workstation, software and graphical user interface; and WHEREAS, TRANE has expressed its ability and desire to provide these services, and has provided a proposal in the amount of Ten Thousand Nine Hundred Dollars ($10,900,00); and WHEREAS, the City wishes to amend its Agreement with TRANE to add these services for the air conditioning unit at Pelican Community Park, in an amount not to exceed $10,900,00, attached hereto as Exhibit "A", bringing the total agreement amount to Twenty-One Thousand Eight Hundred Thirty Dollars ($21,830,00); and WHEREAS, City staff requests contingency funds in the amount of Four Thousand One Hundred Dollars ($4,100,00) to cover unexpected repairs associated with the air conditioning unit at Pelican Community Park. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1, Approval of the First Amendment to Agreement The First Amendment to Agreement with TRANE for these additional services for the air conditioning unit at R2009- TRAN E AC Maintenance 1 st Amendment To A!,>mt PCP Page 1 of 2 ..... Pelican Community Park, in an amount not to exceed Ten Thousand Nine Hundred Dollars ($10,900,00), attached hereto as Exhibit "A", be, andthe same, is hereby approved, Section 2, Approval of Contingency Funding, The City hereby authorizes the expenditure of an amount not to exceed Four Thousand One Hundred Dollars ($4,100,00) to cover unexpected repairs associated with the air conditioning unit at Pelican Community Park, bringing the total amount of approved funds under this Resolution to an amount not to exceed Fifteen Thousand Dollars ($15,000,00), Section 3, Authorization of Mayor, The Mayor is hereby authorized to execute said First Amendment to Agreement Section 4, Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5, Effective Date, This Resolution shall become effective upon adoption, PASSED AND ADOPTED this 19th day of March 2009, i\TTEST: ~~~~ Jane A. Hines, CMC, City Clerk . ", Moved by: y,u rl\~("I\t\<<\L~~ Seconded by: Co lwM\S.~ Lt)~~ Sc.\tbLL Vote: ~-O Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl -LL(Yes) ---1L(Y es) ~(Yes) --.lL... (Yes) V(Yes) _(No) _(No) _(No) _(No) _(No) R2009- Tranc AC Maintenance 1st Amendment To A!,>mt PCP Page 2 of 2 FIRST AMENDMENT TO CITY OF SUNNY ISLES BEACH AND TRANE EQUIPMENT MAINTENANCE BUILDING SERVICES AGREEMENT CONTRACT NO. C0809-042 THIS FIRST AMENDMENT TO THE TRANE EQUIPMENT MAINTENANCE SERVICE AGREEMENT, executed this _ day of ,2009, is hereby attached to and is made a part of said Trane Building Services Agreement Contract No, C0708-083 by and between the City of Sunny Isles Beach ("City") and Trane Building Services ("Contractor") a business corporation licensed in the State of Florida, whose Federal Identification # is ' The City and Contractor hereby agree as follows: 1. ADDITIONAL SCOPE OF WORK: The City wishes to add to the original Agreem'ent with Contractor to replace a defective chill water valve actuator on the air handling unit and replace a chilled water temperature sensor in the Multi-stack chiller and furnish and install a Trane Tracer Summit Workstation, Software and graphical user interface, as more fully described in Attachment "A", 2. COST: The Contractor agrees to charge an amount not to exceed Ten Thousand Nine Hundred Dollars ($10,900,00) for said services, 3. TERM: The term of this First Amendment shall begin upon execution by the parties hereto and shall end no later than end one (1) year thereafter. 4. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the Original Agreement between the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above, WITNESSES: CONTRACTOR: Trane Building Services Signature Print Name BY: Signature and Title WITNESSES: Signature Print Name Exhibit "A" 1 ~~. \ ts C0809-042 FIRST AMENDMENT TO THE TRANE BUILDING SERVICES AGREEMENT ATTEST: BY: Jane A. Hines, CMC, City Clerk 2 ~ ',r. f: ';J I .-'- C0809-042 FIRST AMENDMENT TO mE TRANE BUILDING SERVICES AGREEMENT .. TRANE@ Trane South Florida 2884 Corporate Way Miramar, FL 33025 Phone: (954)499-6900, Fax: (954)499-6901 February 23, 2009 Pelican Community Park 18115 North Bay Road Sunny Isles, FL 33160 Project Name: Pelican Community Park Trane is pleased to provide you with the following proposal to replace a defective chilled water valve actuator on the Air handling unit and replace a chilled water temperature sensor on the Multi-stack chiller causing it to read inaccurate temperature, Equipment to be repaired Equipment Qty Manufacturer Model Number Area Served Multi-stack Chiller I Multistack N/A ALL Air Handling Unit I Trane MCCA Administration office Included: · Technical Labor to replace both above-mentioned defective parts, · Troubleshooting to assure proper operation, · Valve actuator and Temperature sensor included, Not included: · Overtime labor, · Any other material or repairs outside this scope, · Any work or equipment not specifically stated above. Total Price ,....................,........,. .,................ ........ ..,...,........,.................... .,...............,. ..,.,..,.,.........", $ 1 ,300.00 Notes: 1, Applicable taxes are included, 2, Work will be performed during normal business hours, 8:00 am to 5:00 p.m, Monday - Friday, If you have any questions or need any additional information, please feel free to call me at (786) 385-0295, If this proposal meets with your approval, please issue your purchase order to my attention, or sign and return one copy of this letter as your authorization to proceed, Thank you for the opportunity to be of service, Best regards, Daniel Marrero Account Manager dmarrero@trane,com c: 786-385-0295 f: 954-499-6901 ATTACH1\fENT r.'A~' This agreement is subject to the attached Trane Terms and Conditions. Proposal Date: Monday, February 23, 2009 Submitted By: Daniel Marrero Account Manager Customer Acceptance TRANE Authorized Representative Authorized Representative Title Title Acceptance Date Signature Date Trane Service Terms and Conditions For Services performed in the United States, "Trane" shall mean Trane U,S, Inc, For Services performed in Canada, "Trane" shall mean Trane Canada Co., except where the context provides otherwise, Trane's Services are furnished pursuant to and subject to the following terms and conditions, except for any Services that are the subject of a pre-existing valid written agreement currently in effect between Trane and Customer, in which case such written agreement shall apply. 1. Acceptance. A proposal made upon these terms is subject to acceptance within thirty days from date and the prices are subject to change without notice prior to acceptance by Customer. If your order is an acceptance of a written proposal, on a fonn provided by Trane, without the addition of any other terms and conditions of sale or any other modification, this document shall be treated solely as an acknowledgment of such order, subject to credit approval. If your order is not such an acceptance, then this document is Trane's offer, subject to credit approval, to provide the Services solely in accordance with the following tenns and conditions of sale. If we do not hear from you within two weeks from the date hereof, Trane shall rely upon your silence as an acceptance of these terms and conditions and performance will be made in accordance herewith. Customer's acceptance of Services by Trane on this order will in any event constitute an acceptance by Customer of these tenns and conditions. 2. Payment and Taxes, Payment is due upon receipt of Trane's invoice. Trane reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Trane or, alternatively, shall provide Trane with acceptable tax exemption certificates, Customer shall pay all costs (including attorneys' fees) incurred by Trane in attempting to collect amounts due. Any afler-hours services shall be billed according to then prevailing overtime or emergency rates. 3, Warranties, (a) parts provided hereunder shall have such warranties (in scope and duration) as are extended to Trane by the respective manufacturer or supplier, including Trane's central parts distribution organization, and, if a part provided and installed by Trane is proven to be defective while under such warranty, Trane will provide labor to install the replacement part within ninety (90) days from completion of the Services or start-up of the equipment, whichever occurs later; and (b) labor is warranted to have been properly performed for a period of ninety (90) days from completion or start-up of the equipment, whichever occurs later, and Trane's obligation under this warranty is limited to correcting any improperly performed labor. THE WARRANTY AND LIABILITY SET FORTH IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE, IN NO EVENT SHALL TRANE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS), OR PUNITIVE DAMAGES. NO REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE IS MADE REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES, TRANE SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS, 4. Indemnity and Liability, Trane shall indemnify, defend and hold Customer harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of Trane, andlor its employees or agents. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. Trane is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the Commencement Date of this Agreement ("Pre-Existing Conditions"), including, without limitation, damages, losses, or expenses involving Pre-Existing building envelope issues, mechanical issues, plumbing issues, andlor indoor air quality issues involving mold andlor fungi, Trane also is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Trane. NOTWITHSTANDING ANY CONTRARY PROVISION, TRANE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS), WHETHER CLAIMED UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR FACTS, IN NO EVENT SHALL TRANE BE LIABLE FOR ANY DAMAGES RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS, - 5, Asbestos and Hazardous Materials, Trane's services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, "Hazardous Materials"). Should Trane become aware of or suspect the presence of Hazardous Materials, Trane may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to conect the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Trane. Trane shall be required to resume performance of the services only when the affected area has been rendered harmless. 6. Insurance, Trane maintains insurance in the following minimum amounts during the Term: Commercial General Liability -- $1,000,000 per occurrence; Automobile Liability -- $1,000,000 CSL; Workers Compensation -- Statutory Limits. If Customer has requested to be named as an additional insured under Trane's insurance policy, Trane will do so but only to the extent of Trane's indemnity assumed under the indemnity provision contained herein. Trane does not waive any rights of subrogation. 7, Performance and Event of Force Majeure, Services will be perfonned during nonnal working hours with any overtime or emergency labor billed separately, unless otherwise agreed to in writing. Duty to perform under this agreement and the price hereof are subject to the approval of Trane's credit department and is also contingent upon the non-occun.ence of an Event of Force Majeure. Upon disapproval of the credit department, Trane may delay performance or, at its option, renegotiate prices, terms and conditions with the Customer. If Trane and Customer are unable to agree on such revisions, this agreement shall be canceled without any liability, other than Customer's obligation to pay for services rendered by Trane to the date of cancellation. IfTrane shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Trane's election (i) remain in effect but Tranes obligations shall be suspended until the uncontrollable event lerminates or (ii) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay Trane for all parts of the Work furnished to the date of termination, An "Event of Force Majeure" shall mean any cause or event beyond the control of Trane. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic inslllTections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Trane. 8, General. This agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or ab~.eements, oral or written, related to the subject matter hereof. Ifany part of this agreement is deemed to be unlawful, invalid, void or otherwise unenforceable, the rights and obligations of the parties shall be reduced only to the extent required to remove the invalidity or unenforceability. Customer may not assign, transfer, or convey this agreement, or any part hereof, without the written consent of Trane. Subject to the foregoing, this agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns, No modifications, additions or changes may be made to this agreement except in a writing signed by Trane. 9, Equal Employment Opportunity/Affirmative Action Clause, Trane is a federal contractor which complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 e.F.R. Parts 60-1 through 60-60, 29 U.S.C, Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 USe. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. II and applicable Provincial Human Rights Codes and employment law in Canada, 10, U,S, Government Contracts, This provision applies only to indirect sales by Trane to the US Government. If the Work is in connection with a U,S. government contract, Customer ab'Tees and hereby certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Trane will have no obligations to Customer unless and until Customer provides Trane with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Trane of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to contractor's Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Trane prior to providing any government official any information about Trane's performance of the work that is the subject of this offer or agreement, other than this written offer or agreement. \-10.48 (1107) Supersedes \-10.48 (0907) _J TRANE@ Trane South Florida 2884 Corporate Way Miramar, FL 33025 Phone: (954)499-6900, Fax: (954)499-6901 February 16, 2009 181 Drive Active Park 18115 North Bay Road Sunny Isles, FL 33160 Project Name: 181 Drive Active Park - Summit Workstation and Software Trane is pleased to provide you with the following proposal to furnish & install a Trane Tracer Summit Workstation, Software and graphical user interface, Included: · Tracer Summit Workstation Operator Interface Software · Custom color graphic displays, reports and alarm sequences · Set up and Installation · Electrical Wiring · Programming and Configuration · Start-up & Testing · On-site Operator Training - 4 hours Not included: · Repair or replacement of any existing hardware other than listed above. · No Workstation desktop or laptop Included, . No printer Included, . Installation on customer's LAN · Remote Dial-up · Any work or equipment not specifically stated above, Total Price........".,...,.....,...,......,...,..........,..,..,....,.,.........."....."...",.,.........."."...........,.,.,......,."......, $9,600.00 Notes: 1. Applicable taxes are included, 2, Work will be performed during normal business hours, 8:00 am to 5:00 p.m. Monday - Friday, If you have any questions or need any additional information, please feel free to call me at (786) 385-0295, If this proposal meets with your approval, please issue your purchase order to my attention, or sign and return one copy of this letter as your authorization to proceed, Thank you for the opportunity to be of service, Best regards, Daniel Marrero Account Manager dmarrero~trane.com c: 786-385-0295 f: 954-499-6901 This agreement is subject to the attached Trane Terms and Conditions, Proposal Date: February 16, 2009 Submitted By: Daniel Marrero Account Manager Customer Acceptance TRANE Authorized Representative Authorized Representative Title Title Acceptance Date Signature Date ,-;,.I / Trane Service Terms and Conditions For Services performed in the United States, "Trane" shall mean Trane U.S, Inc, For Services performed in Canada, "Trane" shall mean Trane Canada Co" except where the context provides otherwise. Trane's Services are furnished pursuant to and subject to the following terms and conditions, except for any Services that are the subject of a pre-existing valid written agreement currently in effect between Trane and Customer, in which case such written agreement shall apply. 1. Acceptance, A proposal made upon these terms is subject to acceptance within thirty days from date and the prices are subject to change without notice prior to acceptance by Customer. If your order is an acceptance of a written proposal, on a fonn provided by Trane, without the addition of any other terms and conditions of sale or any other modification, this document shall be treated solely as an acknowledgment of such order, subject to credit approval. If your order is not such an acceptance, then this document is Trane's offer, subject to credit approval, to provide the Services solely in accordance with the following terms and conditions of sale. If we do not hear from you within two weeks from the date hereof, Trane shall rely upon your silence as an acceptance of these terms and conditions and performance will be made in accordance herewith. Customer's acceptance of Services by Trane on this order will in any event constitute an acceptance by Cuslomer of these terms and conditions. 2. Payment and Taxes. Payment is due upon receipt of Trane's invoice. Trane reserves the right to add to any account outstanding for more than 30 days a service charge equal 10 the lesser of the maximum allowable legal interest rate or 1,5% of the principal amount due at the end of each month, In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Trane or, alternatively, shall provide Trane with acceptable tax exemption certificates, Customer shall pay all costs (including attorneys' fees) incurred by Trane in attempting to collect amounts due. Any after-hours services shall be billed according to then prevailing overtime or emergency rates, 3, Warranties, (a) parts provided hereunder shall have such warranties (in scope and duration) as are extended to Trane by the respective manufacturer or supplier, including Trane's central parts distribution organization, and, if a part provided and installed by Trane is proven to be defective while under such warranty, Trane will provide labor to install the replacement part within ninety (90) days from completion of the Services or start-up of the equipment, whichever occurs later; and (b) labor is warranted to have been properly performed for a period of ninety (90) days from completion or start-up of the equipment, whichever occurs later, and Trane's obligation under this warranty is limited to correcting any improperly performed labor. THE WARRANTY AND LIABILITY SET FORTH IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE, IN NO EVENT SHALL TRANE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS), OR PUNITIVE DAMAGES, NO REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE IS MADE REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES, TRANE SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS, 4, Indemnity and Liability, Trane shall indemnify, defend and hold Customer harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal propel1y, to the extent caused by the negligence or misconduct of Trane, andlor its employees or agents, The duty to indemnify will continue in full force and effect. notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. Trane is not liable for any claims, damages, losses. or expenses, arising from or related to conditions that existed in, on, or upon the premises before the Commencement Date of this Agreement ("Pre-Existing Conditions"), including, without limitation, damages, losses, or expenses involving Pre-Existing building envelope issues, mechanical issues, plumbing issues, andlor indoor air quality issues involving mold and/or fungi. Trane also is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Trane, NOTWITHSTANDING ANY CONTRARY PROVISION, TRANE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS), WHETHER CLAIMED UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR FACTS, IN NO EVENT SHALL TRANE BE LIABLE FOR ANY DAMAGES RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS, 5, Asbestos and Hazardous Materials. Trane's services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, "Hazardous Materials"). Should Trane become aware of or suspect the presence of Hazardous Materials, Trane may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations, Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Trane. Trane shall be required to resume performance of the services only when the affected area has been rendered harmless, 6, Insurance. Trane maintains insurance in the following minimum amounts during the Term: Commercial General Liability -- $1,000,000 per occurrence; Automobile Liability -- $1,000,000 CSL; Workers Compensation -- Statutory Limits. If Customer has requested to be named as an additional insured under Trane's insurance policy, Trane will do so but only to the extent of Trane's indemnity assumed under the indemnity provision contained herein, Trane does not waive any rights of subrogation, 7, Performance and Event of Force Majeure, Services will be performed during normal working hours with any overtime or emergency labor billed separately, unless otherwise agreed to in writing. Duty to perform under this agreemenl and the price hereof are subject to the approval of Trane's credit department and is also contingent upon the non-occurrence of an Event of Force Majeure, Upon disapproval of the credit department, Trane may delay performance or, at its option, renegotiate prices, terms and conditions with Ihe Customer. If Trane and Customer are unable to agree on such revisions, this agreement shall be canceled without any liability, other Ihan Customer's obligation to pay for services rendered by Trane to the date of cancellation, IfTrane shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Trane's election (i) remain in effect but Trane's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon ten (10) days notice to Customer, in which event Cuslomer shall pay Trane for all parts of the Work furnished to the date of termination, An "Event of Force Majeure" shall mean any cause or event beyond the control of Trane. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Trane. S, General, This agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. If any part of this agreement is deemed to be unlawful, invalid, void or otherwise unenforceable, the rights and obligations of Ihe panies shall be reduced only to the extent required to remove Ihe invalidity or unenforceability, Customer may not assign, transfer, or convey this agreement, or any part hereof, without the written consent of Trane. Subject to the foregoing, this agreement shall bind and inure to the benetit of the parties hereto and their pennitted successors and assigns, No modifications, additions or changes may be made to this agreement except in a writing signed by Trane. 9, Equal Employment Opportunity/Affirmative Action Clause, Trane is a federal contractor which complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S,c. Section 793 and the applicable regulations contained in41 C.F.R. Part 60-741; and 38 U,S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Pa'1 60-250 in the United States and with Canadian Chaner of Rights and Freedoms Schedule B to the Canada Act 1982 (U,K,) 1982, c. II and applicable Provincial Human Rights Codes and employmenllaw in Canada. 10, U,S, Government Contracts. This provision applies only to indirect sales by Trane to the US Government. If the Work is in connection with a U.S. government contract, Customer ab>rees and hereby certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related 10 the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Trane will have no obligations to Customer unless and until Customer provides Trane with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Trane of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to contractor's Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Trane prior to providing any government official any infonnation about Trane's performance of the work that is the subject of this offer or agreement, other than this written offer or agreement. 1-1048 (1107) Supersedes 1-t 0.48 (0907) TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S, Edelcup, Mayor Lewis J, Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Rick Conner, Actng City Manager Hans Ottinot, City Attorney Jane A, Hines, CMC City Clerk MEMORANDUM The Honorable City Commission Rick Conner, Acting City Manager Susan Simpson, Cultural and Human Services Director March 19,2009 Resolution Approving the First Amendment to Agreement with TRANE for Additional Equipment and Repairs RECOMMENDATION: It is recommended that the City Commission approve the attached resolution to approve the First Amendment to Agreement with TRANE for additional equipment and repairs not to exceed Fifteen Thousand Dollars ($15,000). REASONS: In September 2008, the City entered into an agreement with TRANE for quarterly service inspections and a chemical cleaning of the air conditioning equipment at Pelican Community Park as it was never completed by the contractor. Deducts were taken in the final payment to the contractor in regard to this service. Subsequently it was realized that in order to control the air conditioning without relying on TRANE for a service call, the City must have its own work station, similar to the program that manages the air conditioning at the Government Center. This First Amendment, in the amount of $10,900.00 will cover the purchase, installation, training for this program, and a repair to the chiller. An additional amount of $4,100.00 in Contingency Funds was added for future part purchases or repairs that may be necessary during this fiscal year as per the attached proposaL ADDITIONAL INFORMATION: There is only one air conditioning unit for both the Community Center and the Gymnasium, With all of the public programs provided, it is imperative that this system be well maintained and repairs made in a timely manner. A transfer of funds from the contingency account will be required to fund this project. To be completed by Department Head To be completed by City Clerk's Ollice founding available: D\J\\ \{- Approval: KG-- Agenda Item No,: \.n.e- Finance Department City Manager 3-l9-01- Commission Meeting Date: ,. '. Cover Memo I rane 1st Amendment I 0 1\!,>mt City Commission March 27, 2009 Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner Acting City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk Daniel Marrero Service Account Manager Trane Building Services 2884 Corporate Way Miramar, FL 33025 Re: 1 st Amendment to Pelican Community Park ("PCP") Air-conditioning Maintenance Services Agreement Dear Mr. Marrero: At its regular meeting of March 19, 2009, the City Commission adopted Resolution No. 2009-1396, which approved the above-referenced amendments with Trane Building Services. Enclosed are two (2) original Amendments for execution and witnessing by Trane Building Services. Upon execution. please return both originals to my attention for final processing, A fully-executed original amendment and a COPy of the approving resolution will be mailed to you upon completion. Thank you. '-~~ l()~ Priscilla Walker, CMC Assistant to the City Manager Enclosures cc: Susan Simpson, Cultural & Human Services Director (w/o attachments) Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Trane - PCP AC Services Agrmt 1st Amendment For Sig Ltr