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HomeMy WebLinkAboutFY 2024 - 2025 PO 11098 Trane Annual MaintenanceATTN: FINANCE 1225 MAIN STREET SEBASTIAN, FL 32958 Mail Invoices in Duplicate To Above Address vendor Trane U.S. Inc. 3600 Pammel Creek Road La Crosse, WI 54601 Purchase 00011098-00 FY 2025 The Above Purchase Order Number Must Appear on All Correspondence - Packing Sheets And Bills Of Lading sition Ship TO CITY OF SEBASTIAN ATTN: FINANCE 1225 MAIN STREET SEBASTIAN, FL 32958 Date rrM?00" Date [Ship I I ordered (Number IReauired [via ITerms IDeoartment rocurement urricer BY ACCEPTING THIS ORDER. SELLER AGREES TO THE FOLLOWING TERMS AND CONDITIONS 1. ACCEPTANCE OF PURCHASE ORDER. A Purchase Order Is given for Immediate acceptance by the Seller. Unless promptly notified to the contrary, the City will assume the Seller accepts the order as written and will make delivery as specified on the document. 2. ENTIRE AGREEMENT. All specifications, drawings and data submitted to the Seller with this order or the solicitation of this order are hereby incorporated herein and made part hereof. This contract contains the entire agreement of the parties. No change in quantities, prices, specifications, terms, or shipping Instructions will be allowed except on written authority of the City Purchasing Department. Any additional or different terms and conditions proposed by the Seller are objected to and hereby rejected unless specifically agreed to by the City. 3. IDEMNIFICATION. The Seller hereby agrees to Indemnify, save and held harmless the City from all claims, demands, liabilities and suits of any nature whatsoever arlsing out of, because of, or due to the breach of the Agreement by the Seller, Its agents or employees, or due to arty act of occurrence of omission or commission of the Seller, Its agents or employees. It Is specifically understood and agreed that this Indemnification agreement does not cover a Indemnify the City for its own negligence or breach of contract 4. MODIFICATION. The City may by written Order make changes In the specifications, Ifsuch changes ause an Increase or decrease in the Seller's cost or in the time required for performance of Contract: (a) the Seller shall promptly notify the City and assert its claim for adjustment within fifteen (15) calendar days and (b) an equitable adjustment shall be made by the City and the Contact modified accordingly. Nothing In this clause shall excuse the Seller from performing. S. DEFAULT. Time is of the essence of this contract and it delivery of acceptable items or rendering of services is not completed by the time promised, the City reserves the right without liability, In addition to its other rights and remedies to terminate this contract by notice effective when received by the Seller, as to stated items not yet shipped or services not yet rendered, and to purchase substitute items or services elsewhere and charge the Sellerwith any and all losses Incurred. 6. TRANSPORTATION CHARGES. Transportation expenses for all shipments shall be prepaid to destination. Shipments sent C.O.D. or freight collect without the City's written consent will not be accepted and will at Seller's risk and expense be returned to Seller. No charges will be allowed by the City for transportation, packing, cartage or container's unless otherwise authorized in the Purchase Order. 7. UNAVOIDABLE DELAY. If the Seller is delayed In the delivery of goods purchased under the Purchase Order by a cause beyond its control, Seller must immediately upon receiving knowledge of such delay, give written notice to the City and request a reasonable extension of time. The City shall examine the request and determine Ifthe Seller is entitled to an extension. B. QUANTIFY. Quantities furnished in excess of those specified In the Purchase Order will not be accepted and will be held at Seller's risk and expense. 9. INSPECTION. Materials or equipment purchased are subject to Inspection and approval at the CWs destination. The City reserves the right to reject and refuse acceptance of items which are not In accordance with Instructions. specifications, drawings, or data of Sellers warranty, (express or implied). Rejected materials or equipment shall be removed by, or at the expense, of the Seller promptly after rejection. 10. WARRANTY. The Seller warrants that all goods and services furnished hereunder will conform in all respects to the terms and this order, Including any drawings, specifications, or standards incorporated herein, and that they will be free from latent and patent defects in materials, workmanship and title and will be free from such defects in design. In addition, Seller warrants that said goods and services are suitable for, and will perform In accordance with, the purpose for which they are purchased, fabricated, manufactured and designed for such other purposes as expressly specified in this order. The City may return any nonconforming or defective items to the Seller or require correction or replacement of the Rem all the time the defect is discovered, all at the Seller's risk and expense. Acceptance shall not relieve the Seller of its responsibility. 11. REGULATORY COMPLIANCE. Seller represents and warrants that the goods or services furnished hereunder (including all labels, packages, and container for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, Including the Occupational Safety and Health Act as amended with respect to design, construction, manufacture or use for their intended purpose of said goods or services. Seller shall furnish 'Material Safety Data Sheetf incompliance with the Florida Right To Know Law, Florida Statute Chapter 442. 12. ROYALTIES AND PATENTS. Seller shall pay all royalties and license fees. Seller shall defend all suits and claims for infringement of any patent copyright or trademark rights and shall hold the City harmless from loss on account thereof. 13. INSURANCE, The Seller shall maintain Insurance as specified or as otherwise required by the city. 14. PAYMENT. Payments will be made within 30 days of the terms of the face of this order, or the Sellers Invoke, whichever are more favorable to the City and payment date therefore shall be calculated from the recelpt of Invoke or final acceptance of the goods, whichever Is later. 15. IDENTIFICATION. Invoices in duplicate with prices set out and giving the correct Purchase Order Number must be sent to the address shown on the face of this order otherwise payment of Seller's account may be delayed. The Purchase Order Number shall appear on all Invoices, boxes, packages, shipping documents and correspondence, and the list of contents shall be enclosed in each box or package. 16. TERMINATION. Buyer may, at any time, terminate this order in whole or in part by written or telegraphic notice or verbal notice confirmed In writing. Upon termination for convenience of the Buyer: the Buyer will assume responsibility for specific contactual or scheduled financial commitments made prior to notice of termination. Any and all services, property, publications, or materials provided during or resulting from the Contact shall become the property of the Buyer. If, however, termination Is occasioned by the Sellers breach or any condition hereof, including breach of warranty, or by Sellers delay, except due to circumstances beyond the Sellers control and without Sellers fault or negligence. Seller shall not be entitled to any claim or costs or to any profit and Buyer shall have against Seller all remedies provided by law and equity. 17. TAXES. The City is exempt from state and local taxes. Exemptions number Is printed on the reverse side hereof. This Order shall serve as the exemption certificate. 18. LAW GOVERNING. This contact shall be governed by and construed according to the laws of the State of Florida. Bill To — I Requisition 00008453-00 FY 2025 CITY OF SEBASTIAN ATTN: FINANCE IACCt NO: 1225 MAIN STREET 1010056-533400 SEBASTIAN, FL IRevieW: 32958 (Buyer: ]Status: Released Page 1 -------------------------------------------------------------------------------- ------------------------------------------------------------------------------ Vendor Ship TO Trane U.S. Inc. CITY OF SEBASTIAN 3600 Pammel Creek Road ATTN: FINANCE 1225 MAIN STREET SEBASTIAN, FL 32958 La Crosse, WI 54601 -------------------------------------------------------------------------------- Date Ivendor jDate (ship ordered Number lRequired via Terms (Department -------------------------------------------------------------------------------- 10/O8/24 1203054 1 1 (PARKS/RECREATION -------------------------------------------------------------------------------- LN Description / Account Qty Unit Price Net Price 001 One Annual & 2 Quarterly A/C 1.00 19788.00000 19788.00 Inspections City Hall and the EACH Police Department 1 010056-533400 19788.00 ship To CITY OF SEBASTIAN ATTN: FINANCE 1225 MAIN STREET SEBASTIAN, FL 32958 Requisition Link Requisition Total 19788.00 ***** General Ledger summary section ***** Account Amount Remaining Budget 010056-533400 19788.00 28188.88 FACILITIES MAINTENANCE OTHER CONTRACTUAL SERVICES ***** Approval/Conversion Info ***** Activity Date clerk Comment Queued 10/08/24 Margarita Macias Pending jenmfer 2D:��Date:, Authorized By: /1 �����7' / % signature 1 PRICING AND ACCEPTANCE Attention: Jim Testa Facilities Maintenance City of Sebastian City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 Sites: City Hall & Police Department Trane Service Agreement This Service Agreement consists of the pages beginning with the title page entitled "Connected Building Service Agreement," the consecutively numbered pages immediately following such title page, and includes and ends with the Trane Terms and Conditions (Service) (collectively, the "Service Agreement" or "Agreement"). Trane agrees to inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the "Terms and Conditions," and "Scope of Services" sections. Trane agrees to give preferential service to Service Agreement Customer over non -contract customers. Service Fee As the feels) (the "Service Fee(s)") for the Inspection and maintenance services described in the Scope of Services section with respect to the Covered Equipment, Customer agrees to pay to Trane the following amounts, plus applicable tax, as and when due. Contract Term 10/01 /2024 — 09/30/2025 10/01/2025 — 09/30/2026 10/01/2026 — 09/30/2027 Annual Investment $19,788 $20,778 $21,816 Pavment Term Annual Annual Annual In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer and, if a "Service Project" is included in the Agreement, the Cancellation Fee set forth In "Exhibit A" Cancellation Schedule attached hereto and Incorporated herein, which Cancellation Fee represents unbilled labor, non -labor expenses and parts materials and components. Subject only to a prior written agreement signed by Trane, payment is due upon receipt of invoice in accordance with Section 4 of the attached Terms and Conditions. Term The Initial Term of this Service Agreement is three 131 years. be ginlna October 1. 2024. However, Trane's obligation under this Agreement will not begin until authorized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. Following expiration of the initial term on September 30.2027, this Agreement shall renew automatically for successive periods of (the "Renewal Term") until terminated as provided herein. If you do not want to renew this Agreement for the Renewal Term, please notify Trane by telephone or by U.S. mail priorto the expiration date set forth in the preceding sentence. If any questions arise regarding this Service Agreement or how to cancel this Agreement, Trane can be reached either by telephone at or by direct mail addressed to: 2301 Lucien Way, Suite 430, Maitland, FL 32751. Renewal Pricing Adjustment The Service Fees for an Impending Renewal Term shall be the current Service Fees (defined as the Service Fees for the initial Tenn or Renewal Tenn immediately preceding the impending Renewal Term) annually adjusted based on changes to the cost of service. The Service Fees for an impending Renewal Term shall be set forth in the service renewal letter furnished to Customer. Cancellation by Customer Prior to Services; Refund If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and if no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 8 of 20 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELEBRATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager Consideration of a three-year agreement with Trane U.S., Inc. in the amount of $62,382.00 for HVAC Preventative SUBJECT Maintenance. EXECUTIVE SUMMARY In 2015, the City entered into a Service Agreement with Trane U.S., Inc. (Trane) to provide preventative maintenance to the Trane HVAC units. The agreement has been renewed annually as Trane is the only authorized service provider for commercial Trane units. The new three-year agreement will cover the Trane units at Sebastian City Hall & Police Department. The City Code of Ordinances, Section 2-10, grants the City authority to award sole source/single source agreements and exempt the agreements from competition. At this time, due to the existing contract for the equipment, Trane is the only vendor available to provide the HVAC Preventative Maintenance. RECOMMENDATION Staff recommends that the Council approve a three-year agreement with Trane U.S., Inc. in the amount of $62,382.00 for HVAC Preventative Maintenance. ATTACHMENTS: 1. Extraordinary Procurement Form 2. Trane U.S. Service Agreement FUNDING SOURCE: Expenditure required Amount Budgeted: $19,788.00 $20,000 $20,778.00 $21,000 $21,816.00 $22,000 Additional Funds Needed: $ 0.00 Funding source FY 25 — Facilities Maintenance Operating Budget FY 26 — Facilities Maintenance Operating Budget FY 27 — Facilities Maintenance Operating Budget