2001-24249 RESO
RESOLUTION NO. 2001-24249
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING $516,611.00 FROM
THE GENERAL FUND UNDESIGNATED FUND BALANCE AND
AWARDING AN ENERGY CONSERVATION, PERFORMANCE BASED
CONTRACT TO JOHNSON CONTROLS, INC., IN THE AMOUNT OF
$516,611.00, FOR THE REPLACEMENT OF TWO (2) 250 TON mGH
EFFICIENCY CENTRIFUGAL CHILLERS IN THE POLICE DEPARTMENT
BUILDING.
WHEREAS, the two (2) 15 year old 250 ton centrifugal chillers at the City of Miami Beach
Police Department have reached the end of their operational life expectancy and needed repairs of
$100,000 would provide no guaranty against additional failures; and
WHEREAS, the City's Property Management Division sought to develop an energy
conservation performance based contract that would replace the chillers with high efficient equipment
to provide energy and operational savings that would pay for the cost of the new equipment over a
ten year period; and
WHEREAS, on July 12,2000, the Mayor and City Commission referred the conceptual plan
to the Finance and Citywide Projects Committee which approved the development of a performance
based contract with Johnson Controls, Inc" under the auspices of Florida Statues 287,055 and
489.145, which allows public entities to enter into performance contracting with selected providers;
and
WHEREAS, a contract has been developed with Johnson Controls, Inc" that provides
guaranteed energy and operational savings that exceed the equipment replacement cost and scheduled
service cost over the ten year term of the contract; and
WHEREAS, the $516,611.00 first cost funding for the project is available in the General
Fund Undesignated Fund Balance; and
WHEREAS, all additional energy savings are retained by the City of Miami Beach,
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein appropriate $516,611.00 from the General Fund Undesignated Fund Balance and
award an energy conservation, performance based contract, in the amount of $516,611.00, to
Johnson Controls, Inc" for the replacement of two (2) 250 ton high efficiency centrifugal chillers in
the Police Department Building,
PASSED AND ADOPTED THIS 31st day of January ,2001
APPROVED AS TO
ATTEST: POnM&lANGUAGE iJ~A
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MAYOR
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. 5<]-01
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: January 31, 2001
SUBJECT:
Jorge M. Gonzalez \.;.p.y
City Manager G r - 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING $516,611.00 FROM
THE GENERAL FUND UNDESIGNATED FUND BALANCE AND
AWARDING AN ENERGY CONSERVATION, PERFORMANCE BASED
CONTRACT TO JOHNSON CONTROLS, INC. IN THE AMOUNT OF
$516,611.00 FOR THE REPLACEMENT OF TWO, 250 TON, mGH
EFFICIENCY CENTRIFUGAL CHILLERS IN THE POLICE DEPARTMENT
BUILDING.
FROM:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
CONTRACT FUNDING
Appropriate $516,611.00 from the General Fund Undesignated Fund Balance
The contract is a self-funding project where energy and operational savings over 10 years will
exceed the cost of the project and scheduled service of the recommended improvements over the
10 year term. This project falls under the auspices of Florida Statues 287,055 and 489,145, which
allows Public Entities to enter into Performance Contracting agreements with selected providers.
HISTORY
In 1998, the City entered into an energy conservation, performance based contract with Johnson
Controls, Inc, to analyze, provide and install energy efficient upgrades including chillers, cooling
towers, controls, variable speed drives, and energy management systems to more than 20 City owned
facilities, This $2,000,000 project was completed on time and on Budget. The improvements have
now been installed and monitored for two years, The guaranteed saving from these improvements
AGENDA ITEM J<7C
DATE /-3/-t::V
Page 2
January 31, 2001
History (Condt.)
pays for all costs associated with the energy improvements. To date, the savings have exceeded the
guaranteed savings by $156,007. These additional savings are retained by the City, The project has
proved to be very successful and beneficial to the City. The on-going service that is paid for from
savings allows Property Management and Johnson Controls, Inc. to monitor and report savings and
make changes to equipment schedules to coincide with occupancy requirements to maximize the
benefits, These efforts have earned the City of Miami Beach a partnership with the United States
Environmental Protection Agency (EP A) in the "Green Lights" and "Energy Star" programs for
excellence in energy conservation.
ANALYSIS
During the ongoing service of the centrifugal chillers at the Police Department, a routine "Eddy
Current" test indicated that internal components of the units were failing. Further testing indicated
that several tubes were in need of plugging or replacement. In addition, the purge units on each chiller
were in need of replacement. Johnson Controls, Inc. was then asked to investigate the possibility of
replacing the existing chillers with new high efficient chillers and use the savings to offset the cost.
The alternative would be to re-tube the chillers and replace the purge units at a total estimated cost
of $100,000, The City would still have a liability of additional repairs in the future as the chillers
continue to age, The chillers are approximately 15 years old. While the normal life expectancy for a
new chiller is 20 years, these chillers have been operated 24 hoursl365 days per year. This always
reduces the life expectancy of this equipment proportionally, The existing chillers are nearing the end
of their useful life, The cost to operate and maintain these chillers will continue to rise, They will
continue to have untimely failures and be a burden to the City staff. Prior to Property Management
taking over responsibility of this equipment in 1994, the service history is unknown and unavailable,
The entire chi11ed water plant was analyzed for possible energy efficiency improvements. After a very
detailed analysis, it was determined that the feasibility of developing a phase II project was a reality,
On July 12, 2000, the City Commission referred the proposed performance based contract to the
Finance and Capital Projects Committee for their Review. On September 21, 2000, the committee
approved the concept and provided authorization for the City to develop a contract with Johnson
Controls, Inc, to be brought back before the City Commission for approval,
Upon this approval, Johnson Controls, Inc, worked very closely with Property Management and the
Maintenance Personnel at the Police Station building, Several scenarios were considered and
evaluated, The best solution is the one that is recommended in this project, This solution includes
providing and instal1ing two new high efficiency chi11ers, automated valves, energy management tie-in
and variable speed drives on the pumps and towers. In addition to this equipment that will reduce the
utility and operational costs, the project includes a refrigerant system that is intended to protect
maintenance personnel from danger after refrigerant leaks, The cost of all these improvements is
$516,611.00. The utility savings from these improvements is significant. In addition, the existing
service and maintenance contract will be reduced by $3,OOOfyr and provide additional savings to the
City, The reason for these savings is the reduced cost of maintenance for the new equipment. These
utility and operational savings over the 10 year term will be more than the first cost and the scheduled
service over the 10 year term, This is all in addition to the avoided cost of repairs totaling $100,000
that would be needed if the chillers were not replaced,
Page 3
January 31, 2001
Analysis (Contd.)
Johnson Controls, Inc. provided the City with the option of either third party financing or providing
its own internal financing. The City Finance department has elected to fund this project internally. In
addition to the project savings being guaranteed to pay for the improvements, when analyzed over
10 years, the City will realize over $80,000 in positive cash flow by using the internal funding, All
additional savings that are realized will be retained by the City, The savings are guaranteed by
Johnson Controls, Inc, In the event of a shortfall, Johnson Controls, Inc, will issue a check to the
City of Miami Beach for the shortfall.
ADDnnONALBENEnTS
In addition to the utility and operational savings, the project will qualifY for a FPL rebate of $13,640.
This rebate will be used to help fund the project. The rebate will be paid upon successful installation
of the chillers,
In addition to the energy savings, the environmental benefit realized over the ten year term of the
contract will have the equivalent of preventing 9,637,908 pounds of Carbon Dioxide, 130,682 pounds
of Sulphur Dioxide, and 57,176 pounds of Nitrogen Oxides from being released into the atmosphere,
This impact would also be the same as removing 963 cars from the road and planting 1,321 acres of
trees.
The City Manager recommends that the Mayor and Commission adopt the Resolution to appropriate
$516,611.00 from the General Fund Undesignated Fund Balance and to award the performance
based, energy conservation contract to Johnson Controls Inc. for the replacement of the two, 250 ton,
centrifugal chillers at the Miami Beach Police Department Building.
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PERFORMANCE CONTRACT
PARTIES:
JOHNSON CONTROLS, INC, (JCI)
507 East Michigan St.
Milwaukee, Wisconsin 53202
City of Miami Beach, FI. (Customer)
Address: 1700 Convention Center Drive
Miami Beach, FI. 33139
AGREEMENT DOCUMENTS: In addition to the terms and conditions of this Performance Contract,
incorporated into this Agreement are the following (check as applicable),
Il!'I Schedule 1--Scope of Work Schedule
Il!'I Schedule 2--Assured Performance Guarantee Schedule
Il!'I Schedule 3-- Services Schedule
Schedule 4
Il!'I Schedule 4a--Cash Payment Schedule OR
[] Schedule 4b--Lease/Purchase Schedule
1. SCOPE OF THE AGREEMENT. JCI agrees to install various energy conservation measures, facility improvement
measures, and operational efficiency improvements (identified in Schedule 1), which will result in energy savings or
allow the Customer to avoid future capital or operational costs (identified in Schedule 2), After installation, JCI agrees
to provide the services identified in Schedule 3, that are necessary to monitor, measure, and achieve the identified
energy savings, subject to the terms of the Assured Performance Guarantee (Schedule 2), The Customer agrees to
take all actions identified in this Agreement that are necessary to achieve the savings identified, As a result, JCI will
install the Equipment identified on Schedule 1 of this Agreement (Work) and provide the services detailed on Schedule
3 of this Agreement (Services), JCI shall supervise and direct the Work and shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work
and Services under this Agreement. JCI shall be responsible to pay for all labor, materials, equipment, tools,
construction equipment and machinery, transportation, and other facilities and services necessary for the proper
execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be
incorporated in the Work, The Customer's payments to JCI and its interest in the Equipment will be based upon the
terms of Schedule 4,
2. TERM. The Term of this Agreement shall begin on the Commencement Date, which shall be February 1, 2001, or, if
no date is included, the date of this Agreement. If the Work is divided into phases or individual projects for which
individual prices have been negotiated, then separate Commencement Dates shall apply to each phase or individual
project. The Work shall be completed by the Substantial Completion Date, which shall be the earlier of:
(a) the date on which the Customer executes a Certificate of Substantial Completion; or
(b) 180 days after the Commencement Date, subject to adjustments as set forth in Paragraph 3 below,
If the work is divided into phases or individual projects for which individual prices have been negotiated, then separate
Substantial Completion Dates shall apply to each phase or individual project. Substantial Completion means that JCI
Page 1 of 24
has provided sufficient materials and services to permit the Customer to operate the Equipment for its intended
purpose or to achieve the intended benefit from the Work, The Services shall commence on the Substantial Complete
Date and shall continue for 120 months, The term of the Assured Performance Guarantee (Guarantee Term) shall
coincide with the term of the Services, If for any reason, the Customer cancels or breaches this Agreement, including
but not limited to the Services Schedule, the Assured Performance Guarantee shall automatically terminate, The
Payment Term shall be defined in Schedule 4,
3. DELAYS. If JCI is delayed in the commencement or completion of the Work by causes beyond its control and without
its fault or negligence, including but not limited to fire, flood, labor disputes, unusual delays in deliveries, abnormal
adverse weather conditions, and acts of God, or by failure by the Customer to perform its obligations under the
Performance Contract and Schedules or failure by the Customer to cooperate with JCI in the timely completion of the
Work, then JCI shall provide written notice to the Customer of the existence, extent of, and reason for such delays, An
equitable adjustment in Substantial Completion Date shall be made as a result.
4. CERTIFICATE OF SUBSTANTIAL COMPLETION. The Certificate of Substantial Completion to be executed by the
Customer shall include:
a, an acknowledgement by the Customer of the buildings substantially completed and the Substantial Completion
Date for each building,
b, an acknowledgment by the Customer of receipt of manuals and training provided by JCI under the Agreement.
c, an acknowledgement by the Customer of the warranty start date and warranty period,
d, a punchlist of items remaining to be completed by JCI.
e, an acknowledgement by the Customer that:
(i) changes of fire or alarm control points may significantly alter a life safety system, and contribute to a
dangerous or life-threatening situation,
(ii) changes to fire or alarm points may also require approval of local fire authority; changes to other control
points may be linked to the life safety system and affect it; and after each such change, the life safety
system should be exercised to see that its integrity has not been violated and it functions properly, as was
intended,
(Hi) JCI does not warrant against system malfunction caused by improper use, misuse or wrong entry of data
by the customer, and JCI shall not be liable for situations or damages that are the direct result of
user-generated data bases,
5. TAXES, PERMITS, AND FEES. JCI shall be responsible for obtaining all permits and related permit fees associated
with the Work and Services, JCI shall pay sales, consumer, use, and other similar taxes and shall secure and pay for
the building permit and other permits and governmental fees, licenses, and inspections necessary for proper
execution, The Customer shall be responsible for real estate and personal property taxes where applicable, The
Customer shall be responsible for securing any necessary approvals, easements, assessments, or zoning changes
and shall be responsible for real estate and personal property taxes where applicable, JCI makes no representations
regarding the tax implications or Customer's accounting treatment of this Agreement.
6. WARRANTY. JCI warrants that materials and equipment furnished by JCI will be of good quality and new; that the
Work will be free from defects not inherent in the quality required or permitted; and that the Work and Services will
conform to the requirements of the Agreement Documents, JCI warrants that the Work shall be free from defects in
material and workmanship arising from normal usage for a period of one year from the Substantial Completion Date
and that its Services will be free from defects in workmanship, design, and material until the end of the Term, or for
one year, whichever is earlier, Upon written notice from the Customer, JCI shall, at its option, repair or replace the
defective Work or re-perform defective Services, These warranties do not extend to any Work or Services that have
been abused, altered, misused, or repaired by the Customer or third parties without the supervision of and prior written
approval of JCI; or if JCI serial numbers or warranty date decals have been removed or altered, The Customer must
promptly report any failure of the Equipment to JCI in writing, All replaced Equipment or parts become JCI's property,
Page 2 of 24
THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.
Customer understands that JCI is a provider of services under this Agreement. JCI shall not be considered a
merchant or a vendor of goods, If JCI installs or furnishes a piece of equipment under this Agreement, and that
equipment is covered by a warranty from the manufacturer, JCI will transfer the benefits of that
manufacturer's warranty to Customer if this Agreement with Customer terminates before the equipment
manufacturer's warranty expires.
7. CLEANUP. JCI shall keep the premises and the surrounding area free from accumulation of waste materials or
rubbish caused by the Work and, upon completion of the Work, JCI shall remove all waste materials, rubbish, tools,
construction equipment, machinery, and surplus materials,
8. SAFETY. JCI shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in
connection with the performance of the Work or Services, JCI shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities related to safety of persons or property,
9. HAZARDOUS MATERIALS. Unless specifically noted in Schedule 1, JCI's obligations expressly exclude any Work or
Services of any nature associated or connected with the identification, abatement, cleanup, control, removal, or
disposal of hazardous materials or substances, including but not limited to asbestos or PCBs, in or on the premises,
The Customer represents that, to the best of the Customer's knowledge, there is no asbestos or hazardous material in
the Customer's building that will in any way affect JCl's work, Should JCI become aware of or suspect the presence of
asbestos or hazardous materials, JCI shall have the right to stop work in the affected area immediately and notify the
Customer. The Customer will be responsible for doing whatever is necessary to correct the condition in accordance
with all applicable statutes and regulations, The Customer agrees to assume responsibility for any claims arising out
of or relating to the presence of asbestos or hazardous materials in the Customer's building,
10, INSURANCE. Prior to commencing the Work, JCI shall provide a certificate of insurance with Contractor showing its
insurance coverages, and JCI shall maintain such insurance in full force and effect at all times until the Work and
Services have been completed, in the following minimum amounts:
COVERAGES
LIMITS OF LIABILITY
Workmen's Compensation Insurance or self insurance,
including Employer's Liability
Statutory
Comprehensive General
Liability Insurance, including Contractual
$5,000,000 One Occurrence
$5,000,000 Each Aggregate
$5,000,000 Combined
Single Limit
Comprehensive Automobile Liability
Insurance
The above limits are obtained through primary and excess policies,
11. INDEMNITY. The Customer assumes all risk and liability for the use, operation, and storage of the Equipment, and for
injuries or death to persons or damage to property arising out of the use, operation, or storage of the Equipment,
except for any injuries or death to persons or damage to property caused by the negligence of JCI, it employees,
agents or assigns, To the extent provided by law, the Customer shall indemnify and hold harmless JCI, its employees,
agents, and assigns from and against all claims, actions, damages, liabilities, and expenses, including attorney's fees,
arising out of or related to this Agreement, except for injuries or death to persons or damage to property caused by the
negligence of JCI, its employees, agents or assigns,
JCI shall indemnify and hold harmless the Customer, its employees, agents, and assigns against all claims, actions,
damages, liabilities, and expenses, including attorney's fees, arising out of or related to any claims of patent
infringement and any claims of construction or materialman's lien made by any subcontractor or materialman, JCI and
the Customer agree that JCI shall be responsible only for such injury, loss, or damage caused by the intentional
Page 3 of 24
misconduct or the negligence act or omission of JCI, The obligations of JCI and of the Customer under this paragraph
are further subject to paragraph 12 below,
12. LIABILITY AND FORCE MAJEURE. JCI shall not be liable under this Agreement in an amount in excess of its
primary general comprehensive policy limits, Neither JCI nor the Customer will be responsible to the other for any
special, indirect, or consequential damages arising in any manner from the Work or Services, Neither party will be
responsible to the other for damages, loss, injury, or delay caused by conditions that are beyond the reasonable
control, and without the intentional misconduct or negligence, of that party, Such conditions include, but are limited to:
acts of God; acts of Government agencies; strikes; labor disputes; fire; explosions or other casualties; thefts;
vandalism; riots or war; or unavailability of parts, materials or supplies, If this Agreement covers fire safety or security
equipment, the Customer understands that JCI is not an insurer regarding those services, JCI shall not be responsible
for any damage or loss that may result from fire safety or security equipment that fails to perform properly or fails to
prevent a casualty loss, JCI is also not responsible for any injury, loss, or damage caused by equipment that is not
Covered Equipment, as defined in Schedule 3,
13. JCI'S PROPERTY. All materials furnished by and used by JCI personnel at the installation site, including
documentation, schematics, test equipment, software, and associated media remain the exclusive property of JCI,
The Customer agrees not to use such materials for any purpose at any time, The Customer agrees to allow JCI
personnel to retrieve and to remove all such materials remaining after installation or maintenance operations have
been completed, The Customer acknowledges that all JCI software included is proprietary and will be delivered only
under the provisions of an appropriate Software License Agreement that will limit its use to the system purchased
under this Agreement.
14 DISPUTES. This Agreement shall be construed under the laws of the State of Florida, with regard to conflict of laws
principles, and shall be enforceable in Miami-Dade County, Florida: and if legal action is necessary by either party with
respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same
shall lie in Miami-Dade County, Florida,
15. MODIFICATIONS. Additions, deletions, and modifications to this Agreement may be made upon the mutual
agreement of the parties, The parties contemplate that such modifications may include but are not limited to the
installation of additional energy conservation measures, facility improvement measures, and operational efficiency
improvements or furnishing of additional services within the identified facilities, as well as other facilities owned or
operated by the Customer, These modifications may take the form of additional phases of work or modifications to the
original scope of Work or Services,
16. NOTICES. All notices or communications related to this Agreement shall be in writing and shall be deemed served if
and when sent by facsimile or mailed by certified or registered mail to JCI at the address listed on page 1 of this
Performance Contract and to JCI, ATTN: Controller, SSNA, 507 East Michigan Street, Milwaukee, Wisconsin, 53202,
and to Customer at the address listed on page 1 of this Performance Contract.
17. DEFAULTS AND REMEDIES
A. In the event that the Work is not completed by the Substantial Completion Date, in accordance with paragraph 3
hereof, the City may, at its sole option, pay JCI for the portion of the Work completed and terminate this
Performance Contract.
B. Any failure on the part of JCI to pay money to the City on the date that such money is due and payable, or any
failure to perform the services required of JCI pursuant to this Performance Contract, shall be deemed a default
hereunder, JCI shall have seven (7) calendar days from the serving of notice, in accordance with paragraph 16
hereof, to cure any such default. In the event that any default is not cured within the aforesaid seven (7) day
period, the City may exercise any remedy available to it at law, or in equity, including, but not limited to,
termination of this Performance Contract. In addition to the foregoing, JCI shall not be relieved of liability to the
Customer for damages sustained by the Customer by virtue of any default under this Performance Agreement by
JCI and the Customer may reasonably withhold payments to JCI for the purpose of set-off until such time as the
exact amount of damages due the Customer from JCI is Determined,
C, Any Failure on the part of the Customer to pay to JCI on the date that such money is due and payable, or any
failure to perform the terms and conditions of this Performance Contract, shall be deemed a default hereunder.
The Customer shall have seven (7) calendar days from the serving of notice, in accordance with paragraph 16
hereof, to cure any such default. In the event that any default is not cured within the aforesaid seven (7) day
Page 4 of 24
Schedule 1
SCOPE OF WORK SCHEDULE
1. SUMMARY OF WORK: The following summarizes the Work to be provided by JCI under this Agreement, as
further defined below:
SeODe Of Work Summary:
1, HVAC Improvements at Police Station
1. EQUIPMENT DESCRIPTION:
The Equipment to be provided to the Customer by JCI under this Agreement is:
lID as set forth below.
Provide and Install
Two high efficiency chillers 250 ton capacity
Two variabie speed drives 60 HP
Two variable speed drives 20 HP
Two isolation valves
o as identified on the attached Schedule A-1.
2. EQUIPMENT LOCATION:
The location where the Equipment is to be located or installed is:
lID at the location with the legal description as set forth below.
1100 Washington Ave.
Miami Beach, Florida
Page 7 of 25
period, JCI may exercise any remedy available to it at law, or in equity, including but not limited to, termination of
this Performance Contract.
18. ADDITIONAL TERMS.
A. Any failure of JCI to require strict performance by the Customer, or any waiver by JCt of any requirement under
this Agreement, does not consent to or waive any subsequent failure or breach by the Customer,
B, If any provision of this Agreement is invalid under any applicable law, that provision shall not apply, but the
remaining provisions shall apply as written,
C, The captions and titles in this Agreement are for convenience only and shall not affect the interpretation or
meaning of this Agreement.
D, This Agreement is the full Agreement between JCI and the Customer as of the date it is signed, All previous
conversations, correspondence, agreements, or representations related to this Agreement (including any Project
Development Agreement) are not part of the Agreement between JCt and the Customer and are superceded by
this Agreement.
E, If there is more than one Customer named in this Agreement, the liability of each shall be joint and several.
Page 5 of 24
NOTICE
JCI MAKES NO WARRANTIES AS TO THE EQUIPMENT EXCEPT
AS SET FORTH ABOVE.
Dated ,J MJ U Il-tUf U ,200L,
CUSTOMER:
tvlII1
JOHNS~.
Slgnatur ' .~
Printed Name:--.$.ff1V 9,
Title:~ / "'s./~oiJ
Signature:
Printed Name:
Neisen Kasdin
/~
/I1c/l...
Title:
Mayor
ATTEST:
_~r PtuUv-
Robert Parcher, City Clerk
\
APPROVED AS 10
FORM & LANGlMGE
& FOR EXECUT10N
\ -2.Y-V
OW
Page 6 of 24
Schedule 2
ASSURED PERFORMANCE GUARANTEE SCHEDULE
1. DEFINITIONS. The fOllowing terms are defined for purposes of this Schedule as follows:
Annual Guaranteed Savings are the portion of the Total Guaranteed Savings guaranteed to be achieved in anyone
year of the Guarantee Term, calculated and adjusted as set forth in this Schedule.
Annual Savings are the Measurable Savings that occur in anyone year of the Guarantee Term plus the Stipulated
Savings deemed achieved for that year,
Excess Savings are the amount by which the Annual Savings exceed the Annual Guaranteed Savings in anyone
year of the Guarantee Term,
Guarantee Term is the term of this Assured Performance Guarantee, As outlined in paragraph 2 of this Agreement,
the Guarantee Term shall coincide with the term of Services and shall be 120months from the Substantial Completion
Date, unless terminated earlier.
Installation Period means the period between the Commencement Date and the first day of the month following the
Substantial Completion Date. For purposes of the annual reconciliation, savings achieved during the Installation Period
shall be considered savings achieved during the first year of the Guarantee Term,
Measurable Savings are the savings achieved and calculated as set forth in paragraph 3, Reconciliation, of this
Schedule,
Stipulated Savings are the savings that have been agreed by the parties will be deemed achieved on the Substantial
Completion Date and are set forth on Exhibit 2 of this Schedule, JCI and the Customer agree that Stipulated Savings
may include, but are not limited to, future capital or operational costs avoided as a result of this Agreement. Customer
agrees and acknowledges that JCI shall not be responsible for the achievement of such Stipulated Savings, as the
actual realization of those savings is not within JCl's control. Customer acknowledges that it has evaluated sufficient
information to believe that the Stipulated Savings will occur. As a result, Stipulated Savings shall not be measured or
monitored at any time during the Guarantee Term, but rather shall be deemed achieved on the Substantial Completion
Date.
Total Guaranteed Savings are the amount of savings guaranteed to be achieved or deemed achieved during the
Guarantee Term, calculated and adjusted as set forth in this Schedule,
Total Savings are the amount of savings actually achieved plus the Stipulated Savings, calculated and adjusted as
set forth in this Schedule, Total Savings include all savings achieved during the Installation Period as well as Annual
Savings during each year of the Guarantee Term.
2. GUARANTEE, JCI guarantees that the Customer will save $ 753,035,00 during the Guarantee, calculated and
adjusted as set forth in this Schedule. If the Annual Savings in any year of the Guarantee Term are less than the
Annual Guaranteed Savings for that year, JCI shall payor credit the Customer with the difference, as described in
paragraph 5 of this Schedule. Such payment or credit shall be the sole and exclusive remedy of the Customer for any
failure by JCI to achieve guaranteed savings under this Performance Contract, including any alleged breach of any
other express or implied warranty of savings. JCI may credit any Excess Savings, in whole or in part, toward the
Annual Guaranteed Savings in any future year of the Guarantee Term.
3. RECONCILIATION. Within 60 days after the Substantial Completion Date, or earlier if otherwise specified in this
Performance Contract, JCI will calculate the savings achieved during the Installation Period and advise the Customer
of the amount of such savings, The frequency and the methods of reconciliation to be used during the Guarantee
Term have been approved by the Customer at the time that this Agreement was executed and are defined in the
Exhibits attached to this Schedule, Except by mutual agreement of the parties, no changes to the frequency or
methods of reconciliation may be made during the Guarantee Term; but, if a utility providing energy to the Customer
modifies its method of billing during the Guarantee Term, or if the Customer changes its utility suppliers or method of
purchasing, JCI may, at its option, adjust the reconciliation methods to methods appropriate to the utility's revised
method of billing.
4. CHANGES IN USE. The Customer agrees to notify JCI, within five (5) business days, of any actual or intended
change, whether before or during the Guarantee Term, in the use of any facility to which this Schedule applies, or of
Page 8 of 25
any other condition arising before or during the Guarantee Term, that reasonably could be expected to change the
amount of energy used at any facility to which this Schedule applies, Such a change or condition would include, but is
not limited to: changes in the primary use of any facility; changes to the hours of operation of any facility; changes or
modifications to the Equipment or Services provided under this Performance Contract: failure of the premises to meet
local building codes; changes in utility suppliers, method of utility billing, or method of utility purchasing: improper
maintenance of the Equipment or of any related equipment other than by JCI; changes to the Equipment or to any
facility required by changes to local building codes; or additions or deletions of energy-consuming equipment at any
facility, Such a change or condition need not be identified in the Base Line or Benchmark in order to permit JCI to
make an adjustment.
Upon receipt of such notice, or if JCI independently learns of any such change or condition, JCI shall calculate and
send to the Customer a notice of adjustment to the Base Line or Benchmark to reflect the impact of such change or
condition, and the adjustment shall become effective as of the date that the change or condition first arose, Should
the Customer fail to provide JCI with notice of any such change or condition, JCI may make reasonable estimates as
to the impact of such change or condition and as to the date on which such change or condition first arose in
calculating the impact of such change or condition, and such estimates shall be conclusive.
5. SAVINGS SHORTFALLS. If the Annual Savings during a specific year of the Guarantee Term, plus amounts credited
from the Installation Period and earlier years of the Guarantee Term, are less than the Annual Guaranteed Savings for
that year, JCI may apply the difference against any unpaid balances from the Customer then existing under the
Performance Contract. If there are any remaining amounts, JCI may (a) carry over the difference to the next year of
the Performance Contract so as to increase the Annual Guaranteed Savings in that year or (b) at the Customer's
written election, pay the Customer the remaining amounts. Upon the mutual agreement of the parties, JCI may also
provide additional products or services, in the value of the shortfall, at no additional cost to the Customer, Where
shortfalls have occurred, JCI reserves the right, subject to the approval of the Customer, which shall not be
unreasonably withheld, to implement additional operational improvements or conservation measures, at no cost to the
Customer, that will generate additional savings in future years of the Guarantee Term.
The following Exhibits are attached and made part of this Schedule:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Annual Reconciliation and Savings Allocation
Stipulated Savings
Responsibilities of JCI and Customer
Unit Energy Costs and Percentage Annual Increase
Primary Occupancy
Calculation of Base Line and Utility Savings
Calculation of Benchmark and Performance Savings
Page 9 of 25
Schedule 2
Exhibit 1
Annual Reconciliation and Savings Allocation
Year Measurable SavinQs Stipulated SavinQs Guaranteed Savinos
1 $57,400.00 $30,735,00 $88,135,00
2 $57,974.00 $31,350,00 $89,324,00
3 $58,554,00 $31,977.00 $90,530,00
4 $59,139,00 $32,616,00 $91,756,00
5 $59,731,00 $33,269,00 $92,999,00
6 $60,328.00 $33,934,00 $94,262,00
7 $60,931.00 $34,613.00 $95,544,00
8 $61,541,00 $35,305.00 $96,845,00
9 $62,156.00 $36,011.00 $98,167,00
10 $62,778.00 $36,731.00 $99,509.00
Total $600,531,00 $336,540,00 $950,711,00
Page 10 of 25
Schedule 2
Exhibit 2
Stipulated Savings
The savings identified below shall be Stipulated Savings (as defined above) under this Schedule. The amount of the
Stipulated Savings shall be deemed to increase during each year of the Guarantee Term by the escalation percentages
set forth below.
Source of Savings
First Year Savings
Escalation
Canceled JCI Service Contract
$30,735.00
2%
$
$
$
$
$
%
%
%
%
%
TOTAL STIPULATED SAVINGS
$30,735.00/10' Year
-- ,
. l'QA
Page 11 of 25
Stipulated Savings Description
The existing service contract at the Police Station only will be canceled. A new service contract will start after the
completion of the installation of the new chillers. A new contract will then start on the new chillers. The cost difference in
the contracts will be savings,
Page 12 of 25
Schedule 2
Exhibit 3
Responsibilities of JCI and Customer
This Exhibit details the individual responsibilities of JCI and of the Customer, not otherwise set forth in this Performance
Contract, in connection with the management and administration of the Assured Performance Guarantee.
JCI Responsibilities
1, Assist the City in Providing a quality working environment
Through renovating building systems,
2. Provide resources to assist in energy savings targets
and managing the energy budgets.
3, Support the maintenance staff with warranty information.
4, Provide monthly "report cards" for energy conservation
and how we are performing as partners in business
5. Review preventative tasks with the staff and provide
written documentation of maintenance and repair work,
6, Perform walk-through surveys and dial-up monitoring
of conditions and operation to verify our performance,
7. Review and resolve comfort concerns or troublesome
areas as communicated by the staff using the energy
management system and other troubleshooting tools,
8, Annual reconciliation of guaranteed savings from the
Assured Performance Guarantee.
9, Pursue other energy conserving measures and options
as building conditions change and our partnership
develops.
City of Miami Beach Responsibilities
1, Take ownership of the total energy management plan,
The guaranteed energy savings efforts are part of our
partnership in business.
2, Advise Johnson Controls, Inc. of any building or
Equipment additions or modifications,
3. Perform routine service and maintenance for
equipment not covered under the JCI Planned Service
Equipment.
4. Do not override the building systems from the
automatic operation unless there is an equipment failure
or emergency,
5, Participate in training sessions and energy education
Programs that we may provide,
Page 13 of25
Schedule 2
Exhibit 4
Unit Energy Costs
The unit energy costs by month for Base year of the Guarantee are set forth below and shall be used for all calculations
made under this Schedule. If more than one utility is involved, additional columns or pages should be added to this Exhibit.
I I Jan Feb Mar Aor Mav Jun Julv Aua Seo Oct Nov Dec
I Electric I $,044 $,044 $,044 $,044 $,044 $,044 $,044 $,044 $,044 $,044 $,044 $,044
IkWh
IkWh IkWh IkWh IkWh IkWh IkWh IkWh IkWh IkWh IkWh IkWh
I Demand I $7,99 $7,99 $7,99 $7,99 $7,99 $7,99 $799 $7,99 $7,99 $7,99 $7,99 $7,99
IkW
fkW fkW fkW fkW fkW /kW fkW fkW fkW fkW fkW
I Utility I $ $
funit funit
I Utility I $ $
funit funit
Utility $ $
funit /unit
I Utility I $ $
funit funit
E:J $ $
funit funit
% Annual Energy Costs Increase
The following table identifies the percentage increases that will be made to the amounts in the table for each succeeding
year of the Guarantee,
Year Electric Demand Utilitv Utility Utility Utilitv Utilitv
1 1 % 1 % % % % % %
2 1 % 1 % % % % % %
3 1 % 1 % % % % % %
4 1 % 1 % % % % % %
5 1 % 1 % % % % % %
6 1 % 1 % % % % % %
7 1 % 1 % % % % % %
8 1 % 1 % % % % % %
9 1 % 1 % % % % % %
10 1 % 1 % % % % % %
Page 14 of 25
Schedule 2
Exhibit 5
Primary Occupancy
Multiple copies of Exhibit 5 shall be provided for each facility/area for which different occupancy information applies,
Police Station
Liohtino HVAC
Time On Time Off Time On Time Off
Monday As Occupied As Occupied As Occupied As Occupied
Tuesday As Occupied As Occupied As Occupied As Occupied
Wednesday As Occupied As Occupied As Occupied As Occupied
Thursday As Occupied As Occupied As Occupied As Occupied
Fridav As Occupied As Occupied As Occupied As Occupied
Saturday As Occupied As Occupied As Occupied As Occupied
Sunday As Occupied As Occupied As Occunied As Occupied
Holidays As Occupied As Occupied As Occupied As Occupied
Minimum room temperature during heating season: _75
degrees F
Heating season is
N/A
to
N/A
Maximum room temperature during cooling season: _78_ degrees F
Cooling season is
Januarv to
December
Page]50f25
Schedule 2
Exhibit 6
Calculation of Base Line and Utility Savings
A. Objectives
In order to accurately assess the effectiveness of a performance contract, it is necessary to be able to make
comparisons of pre-retrofit and post-retrofit conditions under similar terms. To do this, Base Lines are established to
document pre-retrofit conditions and serve as the basis for post-retrofit analysis. For the purpose of this schedule
"Baseline" is defined as a specific period of time and any data, used for, or resulting from, the analysis of that period,
The following methodology will be used to calculate unit savings:
a, The program applies baseline data for the specified "tuning period" to the regression calculation detailed in
l(c) or l(d),
b. The program attempts to establish a relationship between utility consumption or demand and the independent
variable(s) (e,g, HDD, CDD, User defined1, etc,), Coefficient(s) of consumption per unit will be tuned and
documented for variables where such a relationship can be established,
c. During the post retrofit period the pre-retrofit coefficients and the post retrofit variable data are applied to the
regression calculation to adjust for differences in conditions, This projects an adjusted baseline which represents what
would have been consumed had no facility improvement measures been implemented,
d, The units saved are equal to this adjusted baseline minus the actual consumption for the billing period. The
adjusted baseline referred to in this document is equivalent to the "baseline scenario" in Metrix.
The regression analysis methodology used in this agreement is capable of making adjustments for changes in
base load, heating degree days, cooling degree days, and up to three other variables. The inclusion of any variables
will be mutually agreed upon by JCI and the Customer and supported by regression analysis documentation. In
addition, some consumption may be allocated to tuning period modifications if any are defined,
B. Application of Regression Analysis Calculation
1. Definitions
(a) Base Line - The Base Line(s) shown on Attachment A illustrates the relationship(s) of each utility
consumption to independent variables during a representative pre-retrofit tuning period. The Base Line is determined
by utilizing the Regression Analysis Calculations defined in sections 1 (c) and 1 (d) and documented on Attachment A,
(b) Adjusted Base Line - The Adjusted Base Line(s) estimates post-retrofit utility consumption using the same
Regression Analysis Calculation as shown on Attachment A plus any modifications (as described in section 2(c), The
Adjusted Base Line represents an estimate of utility consumption had no Facility Improvement Measures been
implemented,
(c) Regression Analysis Calculation - Regression Analysis is the means by which the relationship(s) between
utility consumption and other variables is determined, The relationships documented on Attachment A were
established using SRC Systems, Inc.'$ Metrix™ utility accounting software program. Following is the equation utilized
to both establish the Base Line and serve as the basis for post-retrofit analysis:
The inputs and outputs to the equation vary depending on whether the equation is being applied to the pre-retrofit
tuning period or the post retrofit tracking period, Once the coefficients B, DH' Dc. 0" 02. 03 and the base temperatures
TBH, TBe have been obtained by regression, they remain fixed and are used to derive adjusted meter consumption for
all future time periods,
E=B't.t+DH'HDD(TBH)+De 'CDD(TBe)+D,'U,+D2 'U2+D3 'U3
where:
Page 16 of 25
E
=
Adjusted Base Line Consumption throughput through meter, During the post retrofit period this value
represents what the consumption would have been under current conditions (weather, etc,) had no Facility
Improvement Measures (FIMs) been implemented,
B = Base load consumption per unit of time (Utility Units/day), that part of the meter consumption that is
independent of (cannot be correlated to) any of the independent variables, including the degree-days. This
consumption will be present no matter what the weather conditions or other independent variables are.
This fixed value, dependent only on the number of days in the period being evaluated, is determined when
defining the Base Line.
~t
=
Time interval (days) in analysis period,
DH, Dc = Coefficients for Heating and Cooling Degree-days (Utility units/deg-day), These fixed values, which are
determined when defining the Base Line, define the sensitivity of consumption to changes in weather,
HDD, CDD = Heating and Cooling degree-days (oF-day or DC-day) for the period being analyzed;
TBH, TBc = Heating and Cooling degree-day base (or balance point) temperatures CF or DC) upon which the HDD and
CDD values are derived. These balance point temperatures represent the outdoor air temperature at
which utility consumption or demand begins to react to any further change in outdoor temperature,
When outdoor air temperature is equal to balance point temperature heat loss = heat gain.
DI
=
Coefficients for user defined variable I (1=1,2,3 for any one meter). These coefficients (or relationships)
determined when defining the Base Line,
are
UI
=
Value of independent user variable I (1=1,2,3 for any one meter) for the period being analyzed.
A maximum of three optional user defined variables (e,g., occupancy hours, production rates, square footage) can
be included in the fit to anyone meter,
(d) Regression Analysis Calculation for Demand - The Metrix program treats demand differently than
consumption since demand is an instantaneous value and consumption is a value totaled over time. As can be seen
in the following calculation demand, is not dependent on the number of days in the billing period, Rather, demand is a
function of a fixed base load component and a variable component which is sensitive to changes in the independent
variables. Instead of cumulative degree days, the regression calculation for demand uses the average temperature
difference between the balance point temperature and the average daily temperature, The average temperature
difference is calculated by dividing the total DD in the billing period by the # of days in the period as shown in the
following equation, The units for the heating and cooling coefficients are kW per DD per day, The equation shows kW
as the demand unit but any appropriate demand unit may be used,
. ,DDp"
kWba" = Offset_Coefficient + DD _ CoeffiCient x ( )
# Daysp"
where kWbase = kW for the baseline scenario for the current bill period (per)
Offset_Coefficient = the demand value that is not associated to weather
DD_Coefficient = relationship of demand to weather (e,g, kW/DD)
DD(per) = degree days for the current bill period (heating or cooling)
#Days(per) = number of days in the current bill period
2. Base Line Calculations
Following is a summary of how a Base Line is developed;
2a. Select a Tuning Period - The first step in developing a Base Line is to identify a pre-retrofit period of time
that is representative of physical and operational conditions within the premises, In Metrix™, this period of time is
known as the Tuning Period,
2b. Identify Relationships of Consumption to Independent Variables - The Regression Analysis Calculation
shown in section 1 (c) or 1 (d)) is then applied to each individual utility item during the selected Tuning Period against
Page 17 of 25
one or more independent variables. The resultant relationship(s) of utility consumption as a function of time, weather
and other independent variable(s) is represented by the Regression Analysis Calculation as shown on Attachment A,
2c. Modifications to the Base Line
A modification is made up of a # of units to be applied, a time period to apply the units, and a description of why
the modification is being applied,
(1) Annual Periodic Modifications, Annual Periodic Modifications are used to adjust the base line
consumption for anomalies that occurred during the Tuning Period because of operational procedures or abnormal
conditions that occurred, These "out of line" consumption periods cause the regression equation to over or under
predict consumption. A modification helps to fit the equation's predicted value to the actual value that occurred during
the tuning period, Future consumption can be predicted with a high degree of confidence once the predicted and
actual tuning period consumption are matched properly. Annual Periodic Modifications for the Project are identified on
Attachment A .
(2) Additional Modifications. During the term of the Agreement, it may also be necessary to make modifications to
the base line, as a result of physical or operational changes within the premises that are beyond the agreed upon
conditions as shown on Exhibit 5 of this schedule and as implied by the base line values of any independent user
variable as defined in section B-1 (c) and documented on Attachment A,
3. Utility Consumption Savings
For each time period being evaluated, an Adjusted Base Line is calculated by performing the Regression Analysis
and applying to it any necessary modifications, This Adjusted Base Line represents the utility consumption that would
have occurred if the retrofits had not been implemented, Utility consumption savings is the difference between the
Adjusted Base Line consumption and the actual post-retrofit consumption for the same period,
4. Utility Cost Savings
Utility cost savings is the result of applying the appropriate utility unit costs to the utility units, The method of selecting
unit costs is documented on Attachment A and will be used throughout the term of the agreement to assign costs to
the physical units, The following describes the four possible cost calculation methods:
1 - Single Rate - The "single utility rate" method uses the rate modeling capabilities of the Metrix program. This
method applies the same rate to all of the scenarios within the program, The individual rate parameters are
documented on attachment B,
2 - Multiple Rate - The "multiple utility rate" method also uses the rate modeling capabilities of the Metrix program.
This method allows different rates to be attached to the scenarios within the Metrix program. This method may be
used if savings are expected from a JCI initiated rate change, The individual rate parameters are documented on
attachment B.
3 - Average Cost of Consumption and Average cost of Demand - The "average cost per unit" method allows the
program to calculate savings using a simpler strategy. Dollar savings are equal to the physical unit difference
between the baseline scenario and the actual scenario (units saved) multiplied by the appropriate unit cost. The
appropriate unit cost is equal to the average unit cost for the current billing period or the minimum unit cost as
defined on attachment A, whichever is greater.
4 - Average Cost of Consumption - The "average cost of consumption" blended method allows the program to
calculate savings using the same strategy as the "average cost per unit" method shown above, The only
differences being that the blended method only needs to track consumption and it combines the consumption and
demand costs before calculating the average unit cost. The appropriate unit cost is equal to the average blended
unit cost for the current billing period or the minimum unit cost as defined on attachment A, whichever is greater.
Total dollar savings is the sum of the utility cost savings from each utility type plus any other savings as identified in
attachment(s),
5. Miscellaneous Adjustments
Page 18 of 25
Sa. The various obligations and commitments undertaken by JCI in this Performance Contract are based in part on
the assumption that Customer's Facilities are and wiil remain in full compliance with ail applicable building codes, ail
equipment of Customer will be maintained in proper operating condition, and all equipment of the Customer will be
operated in accordance with the terms of this Agreement. In the event JCI determines or becomes aware that building
codes are not being adhered to or that the Customer's equipment is not being maintained in proper operating condition
or that the Customers equipment is not being operated in accordance with exhibit 5, JCI shall be entitled to make
such adjustments as may be necessary to the calculations used to determine energy savings in order to reflect the
effects of non-compliance with building codes and/or improper operating condition of Customer's equipment.
5b. The services performed and Equipment provided by JCI under this Performance Contract are intended to operate
and be used as a total package to achieve optimum energy efficiency for Customer under this Performance Contract.
In the event Customer disables, disconnects, or otherwise ceases to use or overrides any or ail service(s) or
Equipment provided by JCI under this Performance Contract, JCI shail be entitled to make such adjustments as may
be necessary to the calculations used to determine energy savings in order to reflect the effects of such action by
Customer,
5c. Customer and JCI acknowledge that the method of billing used by the applicable utility providing the energy
source may be modified or subject to variation during the term of this Performance Contract. In such event, the
calculations used to determine energy savings shail be subject to such adjustments as necessary to equate the
modified or varied method of biiling to the method in effect at the time the relevant biiling variables were incorporated
into this Performance Contract.
Page 19 of 25
, ,
W cather TUDin~ Section
Template for creating a new project
Meter: Police Station Unit: Qty On-pk (kWh)
~
09/29/9S
Account 9v7435h
From To 1# Days Reading Incl? HtgOD CIgOO MultipUer Offset Baseline % Oevlat
9/ 8/95 91 8/95 1 393.839 0 0 13 30.32 0 393,839 0.0%
9/ 9/95 10/9/95 31 402,719 0 0 490 0.96 0 402.719 0.0
1011 0/95 1117/95 29 383.280 eI 0 369 1.02 0 383.280 0.0
111 8/95 121 8/95 31 362.160 eI 3 136 1.03 0 362,160 0.0
121 9/95 1110/96 33 371,519 eI 120 101 1.01 0 371,519 0.0
1111196 21 9/96 30 336.959 eI 59 100 1.00 0 336,959 0.0
2110/96 3/11196 31 337,200 eI 64 115 0,97 0 337,200 0.0
3/12196 41 9/96 29 332,160 eI 15 142 1.00 0 332. 160 0.0
4/10/96 51 8/96 29 357,600 eI 0 292 0.99 0 357,600 0.0
51 9/96 61 7/96 30 383.280 eI 0 404 0.98 0 383,280 0.0
6/ 8/96 7/9/96 32 432.000 eI 0 484 1.01 0 432.000 0.0
7/10/96 81 7/96 29 396.240 eI 0 486 1.00 0 396,240 0.0
Total or Average 335 4,4118,959 261 3,132 3.44 0 4,4116,959 0.0%
i Police Station (Account II 9v7435h): Tuning Period is from 9/8/95 until 8/7/96
I
,
: Explanations and Assumptions:
I Incl? = indicates whelher a reading is included in the re El=included; O=not included.
HtgDD =Heating Degree-Days calculated for Miami for a 65,O"F balance point. They are not used in the
Regression Equation below,
ClgDO =Cooling Degree-Days calculated for Miami for a 68,O'F balance point. Periods averaging below
1 ,0 " F-<!.a'fs:ea'f are ignoree,
: The Baseline values for the luning pence shown in the table above, and for all future periods, are calculated using
the Regression Equation below:
( Saseline (kWh) = 10,572.86 x /lOa'ls + 185.7910 X CIgOO) x Multiplier
(R'=0.954)
; Baseline Costs calcula:ed using Average Total Cost/Consumption
Please sign below to indicate your acceptance of the Saseline Calculations for the Police Station meter, Account 1#
9v7435h
Date
-7 ..-'
~t//
For: ..J C.c:
Ih7fd'
Oate
Fer:
1
'.
Weather TUDiD~ SectioD 1
Templatefor creating a new project 09/29195
Meter: Police Station Unit: Dmd On-pk (kW)
Account: 9v743Sh
From To ## Days Reading Incl1 HOD/day COO/day Multiplier Offset BaseDne % Deviat
91 8195 9/ 8195 1 662 &!I 0 13 1.04 0 662 0.0%
91 9/95 10/ 9195 31 642 &!I 0 15 0.98 0 642 0.0
10/10/95 11/7/95 29 655 &!I 0 12 1.03 0 655 0.0
11/8/95 12/ 8195 31 584 &!I 0 4 1.02 0 584 0.0
12/ 9/95 1/10196 33 565 &!I 3 3 1.00 0 565 0.0
1/11/96 2/ 9196 30 555 &!I 1 3 0.98 0 555 0.0
2/10/96 3/11/96 31 556 &!I 2 3 0.98 0 556 0.0
3/12/96 41 9/96 29 589 &!I 0 4 1.02 0 589 0.0
4/10/96 51 8196 29 610 &!I 0 10 0.99 0 610 0.0
5/9/96 617196 30 640 &!I 0 13 1.00 0 640 0.0
61 8/96 71 9/96 32 645 &!I 0 15 0.99 0 645 0.0
7/10196 8/7/96 29 660 &!I 0 16 0.99 0 660 0.0
Total or Average 335 7,363 8 116 1.00 0 7,383 0.0%
Police Station (Account II 9v7435h): Tuning Period is trom 9/8/95 until 8/7/96
. Explanations and Assumptions:
: Incl? = indicates whether a reading is included in the re El=included; O=not included.
, HDDlday =Heating Degree-Days per day calculated for Miami for a 6S.0"F balance point. They are not used in the
Regression Equation below, I
COD/day =Ccoling Degree-Days per day calculated for Miami for a 68,O"F balance point. Periods averaging
below l,O"F-<!ays:day are ignored. ,
I
The Saseli~e values for the :Uni~g period shown in the table above. and for all future periods. are calculated using I
, the Regression Equation below: I
I
( Baseline (kW) = 542.37 + 7.3459 x CDD/day) x Multiplier (R'=O.902) I
Saseline Costs calculated using Average Cost /Demand
Please sign below to indicate your acceptance of the Baseline Calculations for the Police Station meter. Account ##
9117435h
Date
7~//
For: .7 c-Z:
/ ~r;4'.;-
Date
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SChedule 2
Exhibit 7
Calculation of Benchmark and Performance Savings
The original baselines used in the phase one project will be used to determine the savings. The savings from this project
will be combined with the first project and will be reported together. This will be required until the first contract guarantee is
satisfied. After the first project is complete, the entire savings from the Police Station will be shown.
The baselines are included in the following sheets.
Page 20 of 25
Schedule 3
SERVICES SCHEDULE
1. SCOPE OF SERVICE. JCI and the Customer agree that the services checked below will be provided by JCI at the
Customer's facility.
!ill Primary Air Conditioning Equipment (PRIME)
!ill Primary Air Conditioning Equipment (Basic)
C Fire Detection and Management Systems (Premium)
C Fire Detection and Management Systems (Basic)
C Facility Operations
!ill Reciprocating Air Conditioning Equipment (Premium)
!ill Reciprocating Air Conditioning Equipment (Basic)
!ill Associated Air Conditioning and Heating Covered Equipment (Premium)
C Associated Air Conditioning and Heating Covered Equipment (Basic)
C Maintenance Management Services
C Primary Heating Covered Equipment (Premium)
C Primary Heating Covered Equipment (Basic)
!ill Automatic Temperature Controls (Premium)
!ill Automatic Temperature Controls (Basic)
C Training
!ill Facility Management Systems (Premium)
!ill Facility Management Systems (Basic)
!ill Security Management Systems (Premium)
C Security Management Systems (Basic)
!ill Performance Reporting Services
C Energy System Management Services
2. EXTENDED SERVICE OPTIONS FOR PREMIUM AND PRIME COVERAGES. On-site repair services will be
provided during JCI's normal business hours, unless one of the following options is checked:
C 24-5 Extended Service--JCI will provide on-site response 24 hours a day, 5 days a week
(Monday thru Friday, except Jel holidays)
C 24-7 Extended Service--JCI will provide on-site response 24 hours a day, 7 days a week
(including holidays)
3. DEFINITIONS. The terms used in this Services Schedule shall be defined as follows:
(a) COVERED EQUIPMENT means the equipment for which services are to be provided under this Services
Schedule and instalied under Schedule 1 and any other Covered Equipment Lists attached to this Services
Scheduie.
Page 21 of 25
(b) EQUIPMENT FAILURE means the sudden and accidental failure of moving parts or electric or electronic
components that are part of the Covered Equipment and that are necessary for its operation,
(c) SCHEDULED SERVICE VISITS include labor required to perform inspections and preventive maintenance
on Covered Equipment.
(d) SCHEDULED SERVICE MATERIALS include materials required to perform Scheduled Service Visits on
Covered Equipment.
(e) REPAIR LABOR includes labor necessary to restore Covered Equipment to working condition following an
equipment failure and excludes total equipment replacement due to obsolescence or unavailability of parts,
(f) REPAIR MATERIALS include materials necessary to restore Covered Equipment to working condition
following an equipment failure and excludes total equipment replacement due to obsolescence or
unavailabiiity of parts. At JCI's option, Repair Materials may be new, used, or reconditioned. All Repair
Materials are covered by the warranty as described below,
(g) BASIC COVERAGE includes Scheduled Service Visits, plus Scheduled Service Materials if otherwise noted
in this Services Schedule, for Covered Equipment.
(h) PREMIUM LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair
Material if otherwise noted in this Services Schedule, for Covered Equipment.
(i) EXTENDED SERVICE includes extended service for repairs and is available only if Customer has PREMIUM
or PRIME coverage, The price for Extended Service, if chosen by Customer, is part of the total price
Customer will pay, Should a defect be found during an Extended Service visit that JCI is not responsible for
under this Services Schedule, Customer agrees to pay JCI's standard fee for any services rendered. Should
Repair Labor or Repair Materials be performed in periods beyond the Extended Service period, Customer
agrees to pay JCI's standard fee for any services rendered beyond the Extended Service period. PRIME
LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Materials if otherwise
set forth in this Services Schedule, for Covered Equipment consisting of centrifugal, absorption, or screw
chillers, PRIME LEVEL COVERAGE also includes Repair Labor, and Repair Materials if otherwise set forth
in this Services Schedule, for diagnosed imminent equipment failure as well as actual equipment Failure, and
the following:
(i) JCI will analyze diagnostic tests including Pre-Vue Vibration Analysis and spectrochemical oil analysis
megohm readings. All diagnostic tests must be performed at JCI-prescribed frequencies and to JCI-
specified test standards, Coverage will include Repair Labor and Repair Material for heat exchanger
tubes if an Eddy Current Analysis, acceptable to JCI, has been performed in the three years prior to this
Services Agreement Schedule and is provided to JCI, or such a test will be performed as part of this
Services Agreement Schedule,
(ii) Should JCI's analysis suggest the existence or the possibility of equipment deterioration outside
anticipated or acceptable conditions, JCI may at its option take corrective steps necessary to prevent
further deterioration or breakdown of the Covered Equipment. JCI retains sole judgment over whether
equipment conditions are considered acceptable, whether corrective steps should be taken, or what
steps, if any, need to be taken, Performance of any corrective steps under this PRIME coverage is not a
guarantee that equipment failure or downtime will not occur.
U) EXTENDED SERVICE includes extended service for repairs and is available only if Customer has PREMIUM
or PRIME coverage. The price for Extended Service, if chosen by Customer, is part of the total price
Customer will pay, Should a defect be found during an Extended Service visit that JCI is not responsible for
under this Services Schedule, Customer agrees to pay JCI's standard fee for any services rendered, Should
Repair Labor or Repair Materials be provided in periods beyond the Extended Service period, Customer
agrees to pay JCI's standard fee for any services rendered beyond the Extended Service period,
4. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME COVERAGES. JCI will inspect the Covered
Equipment within 45 days of the date of this Services Schedule or as seasonal or operational conditions permit. JCI
will advise Customer if JCI finds any Covered Equipment not in working order or in need of repair. With the Customer's
Page 22 of 25
approval, JCI will perform the work necessary to put the Covered Equipment in proper working condition, To the extent
that Covered Equipment is not subject to warranty or other obligation of JCI for its repair, this work will be done at JCI's
standard fee for parts and labor in effect at that time, If the Customer does not want JCI to do the work identified by
JCI, or if Customer does not have the work done, the Covered Equipment will be removed from the list of Covered
Equipment and the price of this Services Schedule will then be adjusted,
5. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCI. The Customer warrants that, to the best of Customer's
knowledge, all Covered Equipment is in good working condition and the Customer has given JCI all information of
which Customer is aware concerning the condition of the Covered Equipment. The Customer agrees that, during the
term of this Services Schedule, the Customer will:
(a) operate the Covered Equipment according to the manufacturer's recommendations;
(b) keep accurate and current work logs and information on the Covered Equipment as recommended by the
manufacturer;
(c) provide an adequate environment for Covered Equipment as recommended by the manufacturer or as
recommended by JCI, including adequate space, electrical power, air conditioning, and humidity control;
(d) notify JCI immediately of any Covered Equipment malfunction, breakdown, or other condition affecting the
operation of the Covered Equipment;
(e) allow JClto start and stop, periodically turn off, or otherwise change or temporarily suspend equipment operations
so that JCI can perform the services required under this Services Schedule; and
(f) provide proper condenser and boiler water treatment, as necessary, for the proper functioning of Covered
Equipment, if such services are not JCI's responsibility under this Services Agreement Schedule,
The Customer acknowledges that its failure to meet these obligations will relieve JCI of any responsibility for any
breakdown, or any necessary repair or replacement, of any Covered Equipment and may require adjustments under
Schedule 2, Assured Performance Guarantee Schedule,
6. CHANGES TO COVERED EQUIPMENT. To the extent permitted under the Performance Contract, the Customer
retains the right to make changes or alterations to the Covered Equipment. If, in JCI's opinion, such changes or
alterations substantially affect JCI's services or obligations, JCI shall have the right to make appropriate changes to
the scope or to the price of this Services Schedule or to both,
7. ACCESS. The Customer will give JCI full access to all equipment that is either Covered Equipment or associated with
it when JCI requests such access, If access cannot be provided, JCI's obligations under this Services Schedule will be
suspended until such access to the equipment is provided, Matters affecting JCI's access to the equipment may
include, but are not limited to, the removal, replacement, repair, refinishing, restoration, reconstruction, or other
remedial actions taken by the Customer with respect to Covered Equipment or to the Customer's facility, Suspension
of JCI's duties for this reason will not cancel or suspend any of the Customer's obligations under this Services
Schedule.
8. EXCLUSIONS, JCI's services under this Services Agreement Schedule do not include:
(a) supplies, accessories, or any items normally consumed during the use of Covered Equipment, such as
ribbons, bulbs, and paper;
(b) calls resulting from lack of operator-level preventive maintenance, site-related problems, or operator error;
(c) service calls due to failures resulting from acts of God, abuse or misuse of Covered Equipment, or alterations,
modifications, or repairs to Covered Equipment not performed or provided by JCI;
(d) the furnishing of materials and supplies for painting or refinishing Covered Equipment;
(e) electrical work to the Customer's facility necessary because of Covered Equipment;
(f) service calls resulting from attachments made to Covered Equipment or other equipment not covered by this
Services Schedule;
(g) the repair or replacement of ductwork, casings, cabinets, structural supports, tower fill/slats/basin, hydronic
and pneumatic piping, and vessels, gaskets, and piping not normally replaced or maintained on a scheduled
basis, and removal of oil from pneumatic piping;
Page 23 of 25
(h) service calls resulting from the effects of erosion, corrosion, acid cleaning, or damage from unexpected or
especially severe freezing weather that is beyond what is prevented by JCI's normal maintenance;
(i) work caused by any operation of, adjustments to, or repair to, Covered Equipment by others not authorized in
advance by JCI;
U) work caused by the negligence of others, including but not limited to equipment operators and water treatment
companies;
(k) service calls due to failures caused by improper environmental conditions affecting Covered Equipment or
electrical power fluctuations, if due to conditions beyond JCI's control, and service calls required because JCI
had previously been denied access to the Covered Equipment; and
(I) disposal of hazardous wastes. Hazardous wastes remain the property and the responsibility of the Customer
even when removed from equipment or replaced by JCI as provided. by the terms of this Services Schedule.
The Customer shall be responsible for the proper storage and disposal of hazardous wastes. This includes,
but is not limited to, used oil, contaminated or uncontaminated refrigerant, and PCBs.
See JCFacts Financial
9. Price, The total price for JCI's Services during the Term of this Service Schedule is $ Cash Flow Analvsis,
This amount will be paid to JCI in monthly/quarterly/annual installments as shown below or on the attached chart.
These payments will be due and payable when the Customer received JCI's invoice and in advance of the services JCI
is to provide,
Page 24 of 25
Schedule 4A
CASH PAYMENT SCHEDULE
1. PRICE AND PAYMENT TERM. The Customer shall make payments to JCI for Work performed, as well as payments
for Services rendered pursuant to the Services Schedule.
(a) The price to be paid by the Customer for the Work shall be $516,611,00. Progress payments (including
payment for materials delivered to JCI and work performed on and off-site) shall be made to JCI as follows:
First payment due: $129,152,75 on March 15, 2001
Second payment due: $129,152,75 on April 15, 2001
Third payment due: $129,152.75 on May 15, 2001
Fourth Payment due $77,541,65 on June 15, 2001
Final payment due: $51,611.10 on July, 15,2001 '
Final payment, constituting the entire unpaid balance for the Work, shall be made to JCI within 30 days after
the Substantial Completion Date, Payments may be withheld on account of any breach of this Agreement by
JCI and claims by third parties (including JCI subcontractors and material suppliers), but only to the extent that
written notice has been provided to JCI and JCI has failed, within ten days of the date of receipt of such notice,
to provide adequate security to protect Customer from any loss, cost, or expense related to such claims,
(b) The total price for JCI's Services during the Term of this Agreement is $300.373,00. This amount will be paid
to JCI in monthly/quarterly/annual installments of $ See Cash Flow Sheet as shown below or on the attached
chart. These payments will be due and payable when the Customer receives JCI's invoice and in advance of the
services JCI is to provide and shall be made throughout the Service Term.
Annual amount due: $27,432
Due Date: June 15, 2001
2. CUSTOMER PURCHASE ORDERS. The Customer acknowledges and agrees that any purchase order issued by Customer, in
accordance with this Agreement, is intended only to establish payment authority for the Customer's internal accounting purposes.
No purchase order shall be considered to be a counteroffer, amendment, modification, or other revision to the terms of this
Agreement. No term or condition included in the Customer's purchase order will have any force or effect.
Page 25 of 25
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