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HomeMy WebLinkAboutHoneywell Building Solutions Service Agreement..Honeywell Buildinq Solutions SERVICE AGREEMENT Project Name; Bonneville School District 93 Proposal Number. 938.290618 Date: 9/2912016 Agreement Number. 40101535 Honeywell Building Solutions Bonneville School District 2371 South Presidents Drive 3497 North Ammon Road West Valley City, Utah 84120 Idaho Falls Idghn, 83401 Service Location Name: Various locations Service Location Address: Idaho Falls, Idaho Scope of Work: HONEYWELL HBS shall provide the following equipment and services ( "the Work ") in accordance with the attached work scope documents and terms and conditions. which farm a pan of this Agreamem 11tig 11 I"bor only Service Aereegtent with $6.000.00 in narta. ❑ Prererred Temperature Control Services ®Flex Temperature Control Services OPrercrred Autamation Maintenance Services 0Flex Automation Services OPreferred Fire Alarm Maintenance Services ❑Fire Alarm Test and Inspect Services ❑Preferred Security System Inspect Services ®Flex Security System Services ❑ Prererred hrechanicnl blointerwnce Services splex blechanical Maintenance Services ❑ScrviceNetTM Remote blooltaring and Control Services ®EBI Services (]Online Services ❑Advanced Support OSlle Services [QHoneywell Energy Analysis Reporting; 0Air Filter Services ❑Water Treatment Services []Critical Parts Stacking [IThermwgraphy Services ❑Emergency Generator Services ❑In SulleServices ❑Renate Nlonituring/Radionics ❑Indoor Air Quality Audldng Services 05ervice rtonagement Software []1111 Worksite [30ther/Special Provisions ❑Honeywell Users Group Contract Term: One (1) years from the Effective Date. Customer Honeywell — (INITIALS) Contract Effective Date: July 1, 2016 Price for Year 1: One Hundred Twenty One Thousand Ninety Seven and 00/100 dollars, ($121,097.00). Payment Terms: Quarterly, Net 15 days 0 Sales Tax will b.: Invoiced separately 0 Use Taxis included in the Price ® This salu is tax exempt Renewal: The Contmct Term will automatically be renewed for consecutive terms or one year unless terminated by either parry by the delivery of written notice to the other at least sixty (60) days prior to ilia end of such term, or unless terminated as provided herein. Submitted by FOBS: (signature) A w r i�T id = Name: Wes Backer Title: Field Service Suncrvisor Date: This proposal is valid for 60 days. Acceptance: This proposal and die pages attached shall become an Agruement in accordance with Article 13 below and only upon signature below by an outhoritcd representative of HONEYWELL and CUSTOMER. Accepted by: HONEYWELL BULL ING SOLgTIONS Signature: ry Name: e S fit' C L' f — Title: Ftel� 5t•r,ce S�av�t'tu►so!° Proposal Number 935.26001 Honcy%ttl Service Agrcccm ett • LaborOoly (Rev, 01411) CUSTOMER: (Customer's Name Signature:, Name: Title: f%%/.l di16 t� arm Page t or on r tdtigus'mr oKiOg Cat mat") Kit agent, Wooing nett not umucu m porocmy aamage, piarsonat injury, Kiss or Income, emulooal utstress, acaln, loas tit use, loss of vanre, Auvrm ncann cmect or any special. cons apenial. punitive, exemplary or tiler damages. regardless of whether such damages may be causes) by or otlu'rw'ise asslicated with defects In dx: Services. SA! T 1 1 .IABILiTI' &I IN NO EVE14TSIIALL HONEYWELL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WIIETIER ARISING OUT OFOR AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MOLD, ATOISTi RE, INDOOR AIR QUALITY, OR OTHERWISE, ARISING FROM, RELATING TO, OR CONNECTED WITH TiIESERVICES, EQUiPAIENT, MATERIALS, OR ANY GOODS PROVIDED HEREUNDER. S,2 NOTWITHSTANDING ANYTHING TO TiLE CONTRARY HEREIN, IF A PORTION OF THE SERVICES INVOLVES Tilt INSTALLATION ANWOR MAINTENANCE OF SYSTEMS ASSOCIATED Writ) SECURITY ANDJOR THE DETECTION OFANDIOR REDUCTION OF RISK OF LOSS ASSOCIATED WITH FIRE, HONE"VELL'STOTAL LIABILITY ARISING OUT OF OR ASA RESULT OF as PERFORMANCE UNDER TII IS AGREEVTFNT S! TALi. NOT EXCEED THE AMOUNT OF TII iS AGREEMENT. I F,XCI)SABLEDF,LAVS Honeywell is not fiablc fur damages caused by delay ror intermopblon In Servicei One in fire, (Load, corrosive substances to the are, strike, lockout. dispute with workmen. Inability to obWn material or services, commolkm, war, acts of God, the presence of Harardoos Substances of Mold, or any otter cause heyxmxl Hon:ywull's reasonable control, Shook! any pan of doe system or any Equipment Ise damaged by arc. water, lightning, act■ of Gal, the presence of Iluatdow Substances or Moil, third parka or any other cause lcytsnl the conuot of Honcyiveli, any mpaIn or replscertent will be paid for by Customer, in she event of any Such ikby, date or shipment or pctformance will be exteralei by a period equal to the time lost by reason of such delay, aril Honeywell will be entitled to recover fiam Customer Its reasonable costs, overhead. And profit arising from such delay 10, PATENT iNDEMNtTV 10.1 Honeywell shall, at Its expense, defeat or. At its optkrn, &patio any suit that may he Instituted agalmsi Customer for alleged infringonenl of any Unhed states pateats related In Otte hardware or snnware manufactured and pmAdcd by Ifoneywull under this Agreement ('the equipment "). pmvkdw that a) Stich alleged infringement consists only In the use of such eluipmem by Itself and nal as part of, or in combination with, any other tk%kes, pans or software not provided by Honeywell twmunkr, b) Cwtomer gives Honeywell immediate notice In writing orany such suit and permits Honeywell, through counsel of to choice, to a S%vr itio charge of Infringement anal de(cnl such lull. Aral cl Customer gives Honeywell all needled inror ailon, ambiance and authority, at Nuncy"If t expense, to enable Honeywell to defc d such suit. 1(J.2 If inch a suit has occurred, or in Huncy'well's opinion Ll likely to =or, Honeywell may, at its ek.ctbn and expense: a) obtain for Customer the right to continue wing such equipment: b) replace, correct or modify it so that it if not Infrioging; or If neither a) orb) h roil reasonable then c) remove such equhpmcnt and grant Cwsomer a credit therur oc, as depreciated. 10.9 In the case of a final awanl of damages In Any such suit, Honeywell will pay such award. Honcywcll will not however, he respomdblc for any sentiment Wade without Its written consent. 111.4 TINS ARTICLE STATES HONEYWELL'S TOTAL LIABILITY AND CUSTOMER$ SOLE REMEDY FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT 81' THE HARDWARE MANUFACTURED AND PROVIDED BY HONEYWELL HEREUNDER. 11. SOFtlVARE (.iCENSE All software pmovkkel in eo incokm with roils Agieenicnt shalt be licensed and not sokd. tic cmJ tour of Use sonware will to miul cal to sign a licensc agscenicro with pmviaksns hmising use of tic software to the cqutpmicnt piuvkk d un cr these spcclficatloss. dhmbing copying, preserving confakmbnty, and pmhiMsing transfer to a third party. I.dcenus of thb ty'pu arc stanland (tr compuur ha.1CO eyuipnent of the ry{v:. covered by ibis ,lgrcenieat. Customer aha0 be expected to grant Homywell access to the east fixer rot purposes of obtaining the n occssary Software IXcnw 12. OiSPI1TF, RGSOLUTTON With the ozceptkm of any controversy or claim arising out of or related to the Installation, monitoring, an/or maimenarice of rite anifor security systems, the Panics agtcee that any ernrruveny or claim between Honeywell and Customer ariing oul of fir relating to this Agreement. ortbe breach therrof, will be Settled by arbitration in A reui W venuc, conducted In accordance with de Construelon Industry Atbiiranlon Rules of the Anoctican Arbitration Association Any award reneml by the Arbhmtor will he final, and )nJgnwnl may he entered upon it In accordance with applicable law In any coon having }urisdktlan thereof, Any ennsromrsy or claim Arising out of or related to the Installation, monitoring, mbror maintenance of sysscm+ aswciatnl with security and/or the dolecilon of, ors/or mdueiksn of risk of loss associated with fire will loo resolved in a court of competent jurisdki tm 11 ACCEPTA CE This proposal atxd the pages attached shall l evorw an Agreement upon signature above by Honeywell and Customer, The terra and conditions are espresaly limited to the provbtans lefcof, Inclufing Honeywcn'a Gcretal Terri and Conditions attached herein, notwithstanding rttcipl of, of M;koowkdgnicro by, Iforseywell of any purchase order, Specification, or other dtaumcnt Lvucd by Customer. Any AdWitlonas or dif(ercnt tcroti act forth or refemnccd in Customer's purchase order are hereby objected to by Hotcy evil anal $Nil be d sactow a material ahcrallon of daesc terns and shall not be a pan orally resulting onk't 14, UKELUNIM 14.1 This Agreement represents the entire Agreement Pz tween Cwtemar and I tnneywell for tht Work dcur{t el ,," rein and supersedes all prior negotiations, rcismseonatkow or Agreements between the Panics related to tMe work described herein, 14.2 None of the provisions of the Agrmnero that) he malitcd, abroad, changed of vvkded by any suMCytcnl l'urt:hase order or other document unilaterally issued by Cusorwr that rebles to tie, suhject matter of this Agreement. This Agrecr clot may be amcraled only by wNten Inurement signed by both Psrties. 143 This Agmemcnt it gmerned by Ile: be, of tie State where the work Is to be performed. 14.4 Any provision or pan of ibis Agte¢mcnt held us he void or unenforwabe under any laws or regulations will be acemetd stricken. and all remaining provisions will continue in tx vatkl and binling upon Homywell and Cwtomcr, who agree that this Agreement shall be, mforued to replace such stricken prevision or pan thereof with a valid and enfurccabk pmvlslon that cones at close w pussiblo to expressing Ile Intent kin of the stricken pmvislon 144 Cosstmcr may toi aubgn its tighit or dcivgate its obligations tuner this Agreement. In whole or in pan, widoui the prior written consent of Fiowyw0l. Honeywell may wi lgn W tight to necrivc payment to a third pang j4� —COVFRA ,t; l5.1 Customer agrees to pmvkk Access to all f?quipm ru covered by this Agreement, Honeywell will be freu to Stan and stop all primary equipment incidental to the on ralwo of de osys hanlral Corral, automation and life safety system(s) as Arranged with Cuiionut's rcpresenativc. 15.2 It Is understood that Ibis iv a Labor Only maintenance agrecmxm and that the repair, repbsxrrnt anal emergency Service provbktns do not apply to the attached list of covered equipment unless spociftcafly now tinder the scope of work. 15.3 Ilocywcll will not reload snnwaro, nor make repairs or rcpinstnenu necessitated by reason of negligence or misose oribe fiqukpm:ni by persons other than Honeywell or its cmpkoyces, or Caused by lightning, eicsrkal storm, or other vknoi weather of by any other cause beyond Honeywell's controt Honeywell will provide such setvlea at Customer's request and at an additional charge. Customer Is enitk-d to recchc Honeywell's then eutrrP t preferred, Customer latan fares rot such services. 15.5 Honeywell may Innalidiagnostic devices and/or snnwam to Honeywell's expense to cloture system operation ant support. Upon umminasim of this Agncsncnl, Hutv:ywell may rrmovc ohs: dkvkes and rcsum t9e system m its orlginn) opCr4lion Customer agrees to pru",. at its woe cxNnw, connection to the Switched teiphotse network for the diagnostic devices arXur Soft ware, 15.5 Honeywell will review the Services dctiveml unit tbb Agn'ernent an an annual bash. untss nthrnvisc noted. 15.6 This Agrencn assumes that the systems amyor Equipment included in the attached List ofCowmil tyuipm of are In maintainable condition If repairs an neceLwy upon Initial inspection or initial ua_ssrul start -up, repair charges will he submitted fur Approval. Should these charges he. &kciircd. thou items will be eliminated fmm covrmge under this Agreement Aral the price adjusted Asccurdingly. 15,7 In the event that the system or any equipment component drimr b altered, mdlirie d, changed or moved, this Agreement may he ImsrteefLitely adjusted or terminated. at Honeyucil's ml, option H0N1iYWIA 1.1S nut responsible Tut any damages resulting from such alterations, naxilficatlons, ctunges or i owincn 15S Honeywell IS not responsible for maintaining a supply of, fumbhing anUar replacing lost or needed ehlnronuomc Lion (CFC) lased refrigerants roi odd -mise mluired under this Agnmawnt. Cwlo rive b vilely responsible fur the cast of material and Labor of any such rer0icrant not oftxtwbe pro YWcd for under this Agreement at Current mukct mics. 15.9 Mabucri3rce, repairs, and repbaemcnt of Nuipmenl pans aril ciunponcnts are limited to restating to proper working condu kin. Hon: y%en b Kitt ntf igased to pmvkk rcpatxtnent stslhwam, rquipmcn. Cnmponcnts and/or parts that represent a significant betsessisent or capital improvement to Cutomer's sysicm(s) berconik(. 15,10 Unless nhcrwbe specirwd' Cwtom as rclains all msponsittlluy fur maintaining I ANs. WANs, l.awed lines and/or other communication mediums InckientaU) or essential to the ofsraiior of the systemisi or 14uipmett round Included In the anached I.W a(CmrfL-J Cgolpm ent. 15,11 Custivow will promptly notify Honeywell of any malfunction in the syswinisi or Equipment covered under this Agreamrnf that cones to Customer's attention, IC TERSi9 OF PAYMENT 16,1 Subko to Honcywcll's approval orcustomer's credit, Customer will psy or cause to he paki to Honeywell the full prix for the Services as xpecifwad on the first page or thb Agreement, Honeywell will submb annual inwecs to Customer In advarax for Services to he pcifurrmi during Itc subsryucn belting period, and paynocor shah M due within twenty (20) days after Cusmmet's rraipt of each such invoice. Payments for services past One mom than five Proposal Number 935.26001 Page 3 or 9 Honeywell Service Agreement - Labor Only (Rev, 04/11) ra/ oly9'iflall aLY7UC interest Item (Me ouc oats In uric vale of payment in tne fate of ore arts orc-rall fVmCm (i.a`x) RC7 r mmin eempeunotro mnntnty, Mr tnc tlghC31 xgal ra(e WCA ameweo. t e10MUr will Ray au Attarrxy amVOr colkitkm faa Warred by Honeywell in collecting any put due amounts. 16.2 Rft&djVanW' HorkywelI may annually ad)usl the AMttounis eturgcd for live Services provlkd, t7, T@RAHNAIM 17.1 Customer may terminate this Agreement fir pustl If Hittytivcp tkfailis In the fv:rRornAmcc of any material term of this Agreement, or fails or ncglecu to carry forward the Services in acconiammr with this Agreement, , after giving Honeywell written reel kro of Its intent to terminate. If, within thirty (39) days folklwing rceclp( of such notice. Homywcl) fails to cure or lxrfirtn Us nbltgatinm. Cusin er may, by written nolkc to Honeywell terminate this 17.2 Honeywd may terminate this Agreement for t"It o (Icluding, Wiwi limited to, Custumar's failure to mvkc Payments as agrtxsl herein) after giving Customn written notice of its intent in termhate. U. within thirty (30) 414P following race list of stch nnke, Cwtonxr fails to make the payments oven due, orotherwdsc falls to cure or Rcrform Its obbgalklm, Honeywell may, by written not Ice to Customer, terminate this Agrecnent arts) mcowr (film Cuvtimcr paymcnt for Services fcrfomkd atad for losses sustained for materialt, toolt, cnmtruakon equipment and machinery, including but not limited lo, reasonable ovanc�ad. profit wai applicable damages. 173 Caneeltn on •'this Agreement may he canceW at lioneywrll's opium In the event Hancyweil equip vent on Cusimer's prcmius is des guyed orsubstarobUy damaged. Likewise, this Agnumcm may he canceled at Cusint xr'e iRtk n In the event Cuslo n is Prcmi cs arc tkstroytd. In tux event of such carx-061l on. neither party dull be liable for damages or subject to any Reailty, except that Cunanxi will remain liable fill Services rcmkred to the date of car= I Lit Ws, ifkl 'ilarandous suhslance" inclt"n all of the following, wh:ilier naturally Occurring or nunufacturcd, In gtramikes, COW isIona or concCntranms that have, am alleged to bass, or arc bvlkevctl to have an advcrsc effecl on human health, habitability or Site, or the erlvironmetll: (a) any dangerous, hazardous or toxic pollutant, contaminant. chemical. material or sututars= tic amd as haurdom or toxic or as a pollutant or contaminant unki stare or fnkml law, W (b) any petroleum product, ntxkar fuel or nutcrial carclnogcn, wh>eslos, urea furnuklehyxlc, (oaM 'd•in•placc Insulation, polyrhkorinared biphenyl UU)%). amt (c) any other chemical or biological material or organism, that has, is Alleges) to have, or is h;lk:%vd to have an adverse effect on human health, babitabllily of a Site, or She environment. IM -Moki" Means any lypit or form of fungus of blolugit;al material or agtmt, lruluding mold mikk -w, moblure, yeast amt mushrooms. Ansi any mycoloxtns. spores, acems, or by-products pmtloecd or released by any of the forcgoing. 'eels Inclosks any related or any such cunlithom caused by thlnl panics. W 'Vommif Equipment" means the equipment covered by the Sevices to he perforaevi by Honeywell umder this Agreement, amt ls limited to the equipment IncImW in the respcWw work scope attachments, dik4 "Services" Means those services arts) obligations to be umlertaken by Honc"vil in supper of, nr to maintain, the Coscrcd Gyuipment. as More fully detailed In the attached work scope tiocurent(s), which are incorporated herein Proposal plumber 935.26001 Page 4 of 9 Honeywell Service Agreement - Labor Only (Rcv. 04/11) Flex Temperature Control Services 1.1 Scope - HONEYWELL will maintain and inspect the temperature control system components and related accessories listed below: List of Covered Equipment: Quantity Description Model Number Location Various Pneumatic Components Honeywell Various 1.2 Preventative Maintenance - Each preventative maintenance call will be: ❑ scheduled by a computer - generated service report detailing the tasks to perform, the skill levels required, and the special tools and instrumentation required to inspect the systems, Unless noted by exception, maintenance intervals will be determined by equipment, application, location and HONEYWELL'S computer data bank of maintenance experience and manufacturer's specifications, according to HONEYWELL'S best judgment. Upon completion of each service call, a summary of the tasks completed will be provided to CUSTOMER. ® Customer Planned — based on 240 hours per year. 1.3 Coverage - This Agreement includes all labor and living expenses to perform the inspection services described above for the Equipment. Usual maintenance materials, such as lubricants, contact cleaner, and cleanup materials are included in this Agreement. The costs of labor and travel for repair work, emergency service, and other materials such as replacement temperature controls, or other parts and materials required for Equipment repairs, are not included in this Agreement. If emergency service is required, CUSTOMER will receive a priority response and will be billed at a preferred maintenance labor rate. If necessary Equipment repairs are approved, CUSTOMER will be billed on a Time - and - Material (T &M) basis, with labor costs reflecting the preferred rate. 1.4 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis at CUSTOMER'S request, HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. 1.5 Honeywell ServicePortal — HONEYWELL will provide customer access to an Internet -based application that will allow the CUSTOMER to securely submit non - emergency service requests online; view status of all service calls, whether scheduled, open or closed; view appointments and task detail of work performed on contracted service calls; and view contract and equipment coverage details (12 month history and includes only service performed per the HONEYWELL contract). Functionality enhancements or deletions are at the discretion of HONEYWELL. Proposal Number 935 - 26001 Page s of 9 Honeywell Service Agreement - Labor Only (Rev. 04111) Flex Automation Services 1.1 Scope — HONEYWELL will maintain and inspect the building automation hardware and software listed below: List of Covered Equipment: Quantity Description Model Number Locatiota Various I DDC components I Honeywell Various List of Covered Software: Drawing numbers) and date(s) (if n licable) Quantity Software Version Product Description Location Product Number t CARE Software Office 1.2 Preventative Maintenance — Each inspection call will be: []scheduled by a computer- scheduled service report detailing the tasks to perform, the skill levels required, and the special tools and instrumentation required to inspect the systems for optimum system performance, both from a hardware and software perspective, Typical activities include: a Checking software schedules against occupancy schedules • Inspecting hardware operator - machine interface and field panels for proper operation. • Review false alarm activity a Review trend logs Y Random sampling of temperature sensors to identify need to calibrate ® Customer Planned — based on 110 hours per year. 1.3 Coverage — This Agreement includes all labor and living expenses to perform the inspection services described above for the Equipment and Software, The costs for labor and travel for repair work, emergency service, and any replacement materials are not included in this Agreement, If emergency service is required, CUSTOMER will receive a priority response and will be billed at a preferred maintenance labor rate. If necessary equipment repairs are approved, CUSTOMER will be billed on a Time -and- Material (T &M) basis, with labor costs reflecting the preferred rate. 1.4 Performance Review — A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis if requested by CUSTOMER. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. 1.5 Honeywell ServicePortal — HONEYWELL will provide customer access to an Internet -based application that will allow the CUSTOMER to securely submit non - emergency service requests online; view status of all service calls, whether scheduled, open or closed; view appointments and task detail of work performed on contracted service calls; and view contract and equipment coverage details (12 month history and includes only service performed per the HONEYWELL contract). Functionality enhancements or deletions are at the discretion of HONEYWELL, Proposal Number 935 - 26001 Page 6 of 9 Honeywell Service Agreement . Labor Only (Rcv, 04(11) Flex Security System Services 1.1 Scope — HONEYWELL will maintain and inspect the building automation hardware and software listed below: List of Covered Equipment: Dese Location 1.2 Preventative Maintenance — Each inspection call will be: Q Scheduled by a computer- scheduled service report detailing the tasks to perform, the skill levels required, and the special tools and instrumentation required to inspect the systems for optimum system performance, both from a hardware and software perspective. Typical activities include: • Checking software schedules against occupancy schedules • Inspecting hardware operator - machine interface and field panels for proper operation. • Test initiating and output zones for response to alarm/trouble condition. • Review false alarm activity • Verify communication from Remotes to Central • Random sampling of security sensors to identify need to calibrate ❑ Activities NOT included. Customer Planned — based on 110 hours per year. ❑ Upon completion of each service call, a summary of the tasks completed will be provided to CUSTOMER 1.3 Testing — HONEYWELL will perform A—test(s) per year per initiating device and, at CUSTOMER'S request, furnish a written report certifying that such have been completed. These tests will take place during n/a visit(s) throughout the year. 1.4 Coverage - This Agreement includes all labor and living expenses to perform the inspection services described above for the Equipment. The costs of labor and travel for repair work, emergency service, or other parts and materials are not included in this Agreement. If emergency service is required, CUSTOMER will receive a priority response and will be billed at a preferred maintenance labor rate. If necessary Equipment repairs are approved, CUSTOMER will be billed on a time- and - material basis, with labor costs reflecting the preferred rate. 1.5 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. 1.6 Honeywell ServieePortal -. HONEYWELL will provide customer access to an Internet -based application that will allow the CUSTOMER to securely submit non-emergency service requests online; view status of all service calls, whether scheduled, open or closed, view appointments and task detail of work performed on contracted service calls; and view contract and equipment coverage details (12 month history and includes only service performed per the HONEYWELL contract). Functionality enhancements or deletions are at the discretion of HONEYWELL. Proposal Number 935 -26001 Page 7 of 9 Honeywell Service Agreement - tabor Only (Rev, 04/11) Flex Mechanical Maintenance Services 1.1 Scope - HONEYWELL will, maintain & inspect the mechanical systems, components, and Equipment listed below: List of Covered Equipment: Quantiq Descri tion Mode] Number Location Various Mechanical Equip ment Various I Various 1.2 Preventative Maintenance - Each preventative maintenance call will be: ❑ scheduled by a computer - generated service report detailing the tasks to perform, the skill levels required, and the special tools and instrumentation required to inspect the systems. Upon completion of each service call, a summary of the tasks completed will be provided to CUSTOMER. If repair requirements on covered Equipment are identified during the service call, a corrective action plan will be discussed with CUSTOMER. ® Customer Planned — Eased on 220 hours per year,. 1.3 Coverage - This Agreement includes all labor and living expenses to perform the inspection services and inspection maintenance described above for the Equipment. Usual mechanical maintenance materials, such as lubricants, contact cleaner, and cleanup materials are included in this Agreement. Unless otherwise stated, the costs of labor and travel for repair work, emergency service, and other materials such as air filters, refrigerant, water treatment chemicals, temperature controls, or other parts and materials required for Equipment repairs, are not included in this Agreement. If emergency service is required, CUSTOMER will receive a priority response and will be billed at a preferred maintenance labor rate. If necessary Equipment repairs are approved, CUSTOMER will be billed on a Time - and - Material (T &M) basis, with labor costs reflecting the preferred rate. 1.4 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. 1.5 Honeywell ServicePortal HONEYWELL will provide customer access to an Internet -based application that will allow the CUSTOMER to securely submit non- emergency service requests online; view status of all service calls, whether scheduled, open or closed; view appointments and task detail of work performed on contracted service calls; and view contract and equipment coverage details (12 month history and includes only service performed per the HONEYWELL contract). Functionality enhancements or deletions are at the discretion of HONEYWELL, Proposal Number 935.26001 Page S of 9 Honeywell Service Agreement - Labor Only (Rev. W/1 l ) i 1.1 Scope: Honeywell will provide software and hardware enhancement and support for Customer's Enterprise Building Integrator (EBI) system, which consists of Honeywell Security Manager, Honeywell Building Manager, Honeywell Life Safety Manager, Honeywell Digital Video Manager, Honeywell Asset Locator, and Honeywell Energy Manager. The services are more specifically described below. List of Covered Software Drawing all ber(s) and date(s) (if applicable) Quantity Software Product Number Version 14,10 Product Description Location I Various 1 Honeywell Office (If software embedded in network hardware is to be covered, include it in the List of Covered Software.) List of Covered Hardware Quantity Description Model Number Location Refresh Option (Yes or No) Various Various No 1.2 Software Enhancement and Support For software included in the List of Covered Software and originally installed by Honeywell, Honeywell will, on a scheduled basis, (a) evaluate the condition of the software, (b) apply any available updates and upgrades that are applicable to the software (but for third -party software only after it has been qualified by Honeywell) and that have not been previously applied, (c) perform a system back -up, and (d) save the back -up files. For the same software, Honeywell will apply critical software updates as they become available (but for third -party software only after it has been qualified by Honeywell). Critical software updates are updates that correct a problem that substantially compromises the overall system operation or security. Customer shall not install any software on systems covered by this addendum without Honeywell's written approval. This addendum does not include any services on software installed by others, and Honeywell will not be liable for any damage to any such software installed without Honeywell's written approval that results from these services. 1.3 Hardware Support For hardware included in the List of Included Hardware and originally furnished by Honeywell, Honeywell will, on a periodic basis, evaluate the performance of the hardware and recommend any enhancements needed to allow the software to perform as specified. If the Refresh Option is selected, Honeywell will replace the listed hardware with new hardware that satisfies the requirements of the upgraded or updated software on or about the two -year anniversary of the initiation of these EBI Software Enhancement and Support Services and on or about any succeeding two -year anniversary, for as long as these services remain in effect. This agreement entitles customer to send one representative to HUG training each year at no additional charge. 1.4 Performance Heview At Customer's request, Honeywell will, on an annual basis, provide a review of the services provided under this addendum. As part of this review, Honeywell will discuss services provided since the last review, answer questions pertaining to the services, and discuss opportunities to improve performance. Proposal Number 935.26001 Page 9 of 9 Honeywell Service Agreement - tabor Only (Rev. 04111)