HomeMy WebLinkAbout03221 - CARRIER CORP AIRPORT MECHANIC ROOM CHILLER M05178 Carrier Corp.
Airport Mechanical Room
Chiller Mntnce
pp m Q Y AGREEMENT #3221
Service AgrGG11 e M05178, 4-21-93
i
This AGREEMENT entered into by and between:
City of Palm Springs
Airport Complex
Palm Springs, CA 92263
Hereinafter referred to as "CUSTOMER"
and
BUILDING. SYSTEMS AND SERVICES
DIVISION OF CARRIER CORPORATION
Hereinafter referred to as "CARRIER"
381Q23008-5 AM 2/26/93
PROPOSAL NO. PROPOSALTYPE PROPOSAL DATE AGREEMENT NO.
Carrier 11
BUILDING SYSTEMS AND SERVICES
S-60(9-88) 917-067
• SERVICE AGREEMENT service(s)to be provided atthe CUSTOMER'S location(s)as indicated on preceedirg page
or an the attached Schedule Page(s).The page(s) Indicated with an "X' below are part of this AGREEMENT.
HEATING& --
COOLING — ` HEATING —� AIR&WATER_-- _ -dam- CONTROLS
_
COOLING __ DISTRIBUTION
ii XX WATER CHILLER """' BOILER --' HEAT PUMP '-'�AIR HANDLER — DDC -
PACKAGED AIR - FURNACE -- HEAT RECLAIM _-- COOLING TOWER ELECTRIC
CONDITIONER - -
HEAT EXCHANGER - PACKAGED AIR -"- FILTER SVC. — ELECTRONIC
XX CONDITIONING&
ANALYSIS SVC - - UNIT HEATER -'"- PUMPS _ PNEUMATIC
- NON-DESTRUCTIVE HEATING '-" TERMINALS
TESTING — WATER TREATMENT
___________________________________________________________________________________________________________________
DIALOG SERVICE(equipment monitoring)
Other: Annual SCAQMD Rule 1415 Audit
• This AGREEMENT shall be administered by CARRIER'S office presently located at:
Carrier Building Systems and Services
2735 Saturn Street
Brea, CA 92621
• CARRIER shall provide maintenance service in accordance with the "General Provisions", "Scope of Service",
"Schedule Page(s)",and any"Amendment(s)"which constitule(s)an entire AGREEMENT and shall become valid after
acceptance by CUSTOMER and appoval by CARRIER. Reference to CUSTOMER'S request for quotation or other
documents are made a part of this AGREEMENT only to the extent of specifying the nature of the goods and services
ordered and to the extent that such items or terms are consistent with this AGREEMENT. No agent of CARRIER or
employee shall have authority to alter or waive any clause of this AGREEMENT unless prior written approval Is obtained
from CARRIER headquarters.
• The first rice year Is$ $ 6924.00 $ 577 .00 month
y p per year payable$ per
Any subsequent price may be adjusted on any anniversary date in accordance with the PRICE ADJUSTMENT page.
During new equipment warranty, the AGREEMENT price will be$ n a per n/a
It is understood that the warranty expires n a /93O
nrcl 5�n11 Cen-,hut, ar' �D
• This AGREEMENT shall become effective onsyt/1 I �
f ive-_
year(s) izpen!
Wwii•nmelnt.
• The undersigned affirm that they have read and understand the entire AGREEMENT Including the General Provisions
appearing on the reverse side.
Execution by Authorized Represent 'ves._ Page 2 of 8
U MB ITTED BY. �I �L ,.,, - - --- DATE 3/1/93_
USTOMERACCEP INC Uert Simon CARRIER APPROVAL:
arketing Rep. BUILDING SYSTEMS&SERVICES
DIVISION OF CARRIER CORPORATION
City, tanager_ U wca�
ATTEST: `C tv of Pal In-Springs Garner Approval((typed/printed Jed name
c..Efti-
��- Title {�
C' y Clerk y � Q l�/e��i -
Date Carrier Approva (signature) Date
/Ai"�xx G''Ev 4i av'ED (i�
S-60A(9-88) By /7c5' �Yy-= o°� a;-, 917-068
1 - f
GENERAL PROVISIONS
1 PAYMENT shall be net upon receipt of invoice.CARR IER reserves the right to discontinue its service anytime payments
have not been made as agreed. In addition to [he AGREEMENT price, the CUSTOMER shall pay CARRIER any
applicable taxes or government charges,existing or Imposed after acceptance date,which are required In connection
j with the service or material furnished under this AGREEMENT
a �
i 2. CUSTOMER SHALL permit access to the building and the use of budding services,shall keep areas adjacent to the
equipment free of extraneous material,move any stock,fixtures,walls,or partitions needed to perform the work under
this AGREEMENT and shall promptly notify CARRIER of any unusual operating conditions during the time when
CARRIER is not on the job site.
3. NORMAL WORKING HOURS will apply to all services including major repairs performed under this AGREEMENT
except for unscheduled service if so indicated on Schedule Page(s).Services requested by CUSTOMER which are not j
li covered under this AGREEMENT,will be invoiced at CARRIER'S prevailing labor and parts charges. f
4 EXCLUDED from [his AGREEMENT, unless otherwise stated herein, are repairs or replacements of disconnect '
{ switches,circuit breakers and items not normally mechanically maintainable such as:ductwork,casings, cabinets,
j fixtures,structural supports,grillage,tower fill,water piping,steam piping,drain piping,boiler shell,boilertubes and boiler
refractory
5 NOTINCLUDED in this AGREEMENT are repairs,replacements,alterations,additions,adjustments,repairs byothers, !
I or unscheduled calls any of which are necessitated by negligent operation,abuse, misuse, prior neglect, vandalism,
obsolescence,building system design,damage due to freezing weather,corrosion,erosion,orany othercause beyond
CARRIER'S control. f
6 NOT INCLUDED is the identification, detection, abatement, encapsulating or removal of asbestos, or products or
materia!s containing asbestos or similar hazardous substances. '
In the event that CARRIER encounters any asbestos product or material in the course of performing its work,
CARRIER shall have the right to discontinue its work and remove its employees from the project,or that portion of the
projectwherein such product or material was encountered,until such product or materials,and any hazards connected
therewith are abated,encapsulated or removed,and/or it is determined that no hazard ekists CARRIER shall receive
an extension of lime to complete its work hereunder and compensation for delays encountered as a result of such
situation and correction of same
7, CARRIER SHALL NOT,under any circumstances,be liable for any accident,injury,breakage.loss or damage to the
equipment or machinery, appliances, or property connected therewith, or the resultant consequences, unless such !
loss or damage is caused by the negligence of CARRIER'S agents,employees,or subcontractors Also CARRIER shall
riot be required to perform tests,install any items of equipment or make modifications that may be recommended or
directed by insurance companies,government,state, municipal or other authority.
8. DELAYS occasioned by conditions beyond the reasonable control of either party shall not be the liability of either party `
to this AGREEMENT
y
9 WARRANTY: CARRIER guarantees that all service provided under this AGREEMENT shall be performed_ri,n_a
workman]I ke manner Any claim for defective workmanship must be provided to CARRIER by written noliceiiiiiUM t e p,�,_ ,
termination date of this AGREEMENT upon which CARRIER agrees to remedy and redo any such service(s)in a timely
manner without cost to the customer
!, CARRIER also warrants against defects in materials, and workmanship of all CARRIER part(s) or component(s)
supplied hereunder fora period of one year from date of installation or until the termination date of this AGREEMENT,
whichever is earlier.If any parts)orcomponent(s)should prove defective during the aforementioned warranty period,
CARRIER will at its option repair,replace or ssue credit for any such items provided they were not damaged,abused,or
effected by chemical properties
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CARRIER'S obligation to repair,replace,perform a service,orissue credit(orany defective part(s),componem(s),or
service shall be CUSTOMER'S exclusive remedy under this AGREEMENT
Part(s), component(s) or services furnished by others to CARRIER carry the same guarantee to CUSTOMER as i
CARRIER receives. If the CUSTOMER requests parts or services not included in this AGREEMENT and has not
selected the option for REPLACEMENT PARTS or other optional service, it is agreed that all requested part(s),
component(s)or services supplied by CARRIER will be accepted subject to the CARRIER Conditions of Sale issued
with each order
10. NEITHER PARTY to this AGREEMENT shall hold the other responsible for any indirect or consegential damages of a
commercial nature such as, but not limited to, loss of revenue or loss of use of any equipment or facilities. {
11 BOTH PARTIES agree that any claim arising from the performance or nonperformance of this AGREEMENT,whether
based upon contract, negligence strict liability or otherwise, shall be brought within one(1)year from the date such
claim arose ;
Page 3
ADDITIONAL GENERAL PROVISIONS Page 3a
Warranty
9 (a) . Provided, however, that these "guarantees', will not provide
CUSTOMER with less protection than otherwise provided CUSTOMER
pursuant to the terms of this AGREEMENT, and will not derogate from
the protection otherwise afforded CUSTOMER under this AGREEMENT.
r
APPROVED BY CARRIER: APPROVED BY CUSTOMER:
XC✓ra✓tD � . GJraei Robe
Type/Print Name 4Sigt4A
int NSignature
SERVICE AGREEMENT
ADDITIONAL GENERAL PROVISIONS Page 3b
10 . INSURANCE. Carrier shall procure and maintain, at
its sole cost and expense, in a form and content satisfactory to
CUSTOMER, during the entire term of this AGREEMENT including any
extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy
of comprehensive general :Liability insurance written on a per
occurrence basis in an amount not less than either (i) a combined
single limit of $1, 000, 000 . 00 for bodily injury, death and property
damage or (ii) bodily injury limits of $500 , 000 . 00 per person,
$1, 000, 000 . 00 per occurrence and $1, 000, 000 . 00 products and
completed operations and property damage limits of $500, 000 . 00 per
occurrence and $500, 000 . 00 in the aggregate.
(b) Worker' s Compensation Insurance. A policy of
worker' s compensation insurance in such amount as will fully comply
with the laws of the State of California and which shall indemnify,
insure and provide legal defense for both CARRIER and CUSTOMER
against any loss, claim or damage arising from any injuries or
occupational diseases occurring to any worker employed by or any
persons retained by CARRIER in the course of carrying out the work
or services contemplated in this AGREEMENT.
(c) Automotive Insurance. A policy of comprehensive
automobile liability insurance written on a per occurrence basis in
an amount not less than either (i) bodily injury liability limits
of $250, 000 . 00 per person and $500, 000 . 00 per occurrence and
property damage liability limits of $100, 000 . 00 per occurrence and
$250 , 000 . 00 in the aggregate or (ii) combined single limit
liability of $500, 000 . 00 . Said policy shall include coverage for
owned, non-owned, leased and hired cars .
The policies of insurance required by this AGREEMENT shall be
satisfactory only if issued by companies qualified to do business
in California, rated "A" ox: better in the most recent edition of
Best Rating Guide, The Key Rating Guide or in the Federal Register,
and only if they are of a financial category Class VII or better,
APPROVED BY CARRIER: APPROVED BY CUSTOMER:
X 9✓V&P3)W,) ?a , eiq 17 1� QRobert W. Parki s
Type/Print Name Print e
x a2 �
Signature Sig ature
SERVICE AGREEMENT
ADDITIONAL GENERAL PROVISIONS Page 3c
unless such requirements are waived by CUSTOMER. City shall be
given 30 days prior written notice by registered mail of any
amendment or cancellation of said insurance. In the event any of
said policies of insurance are cancelled, CARRIER shall, prior to
the cancellation date, submit new evidence of insurance in
conformance with this Section to the Contract Officer. No work or
services under this AGREEMENT shall commence until CARRIER has
provided CUSTOMER with Certificates of Insurance or appropriate
insurance binders evidencing the above
insurance coverage and said Certificates of Insurance or binders
are approved by CUSTOMER.
CARRIER agrees that the provisions of this Section shall not
be construed as limiting in any way the extent to which CARRIER may
be held responsible for the payment of damages to any persons or
property resulting from CARRIER' S activities or the activities of
any person or persons for which CARRIER is otherwise responsible.
In the event CARRIER subcontracts any portion of the work, the
contract between CARRIER and such subcontractor shall require the
subcontractor to maintain the same policies of insurance that
CARRIER is required to maintain pursuant to this Section.
11. INDEMNIFICATION. CARRIER agrees to indemnify,
protect, defend and hold CUSTOMER, its officers, agents and
employees harmless from, any and all actions, suits, claims,
damages to persons or ;property, losses, costs, penalties,
obligations, errors, omissions or liabilities, (herein "claims or
liabilities") that may be asserted or claimed by any person, firm
or entity (other than CUSTOMER) arising out of or in connection
with the negligent performance of the work, operations or
activities of CARRIER, its agents, employees, subcontractors, or
APPROVED BY CARRIER: APPROVED BY CUSTOMER:
X . Park
Type/Print Name Type/Print Name
Y,
Signature Sig ur
FS1\241\014094-0045\33191. 04/05/93 SERVICE AGREEMENT
ADDITIONAL GENERAL PROVISIONS Page 3d
invitees, provided for herein, or arising from the negligent acts
or omissions of CARRIER hereunder, or arising from CARRIER' S
negligent performance of or failure to perform any term, provision
covenant or condition of this AGREEMENT, whether or not there is
concurrent passive or active negligence on the part of CUSTOMER,
its officers, agents or employees but excluding such claims or
liabilities to the extent arising from the active negligence or
willful misconduct of CUSTOMER, its officers, agents or employees .
In no event shall CARRIER be required to defend or indemnify the
City for its own active negligence.
12 . COST OF LIVING ADJUSTMENT. Upon each anniversary
date of the this AGREEMENT,, the AGREEMENT price shall be adjusted
in proportion to changes in the Consumer Price Index. Such
adjustment shall be made by multiplying the original AGREEMENT
price by a fraction, the numerator of which is the difference
between (i) value of the Consumer Price Index for the calendar
month three (3) months preceding the calendar month for which such
adjustment is to be made and (ii) the value of the Consumer Price
Index for the same calendar month immediately prior to Commencement
Date and the denominator of which is equal to the Consumer Price
Index specified in subsection (ii) above. The "Consumer Price
Index" to be used in such calculation is the Consumer Price Index.l
All Urban Consumers (All Items) , for the Los Angees-Anaheim-
Riverside Metropolitan Area, published by the United States
Department of Labor, Bureau of Labor Statistics (1982-84 = 100) . If
both an official index and one or more unofficial indices are
published, the official index shall be used. If said Consumer
Price Index is no longer published at the adjustment date, it shall
be constructed by conversion tables included in such new index.
APPROVED BY CARRIER: APPROVED BY CUSTOMER:
x Robert W. Parki
Type/Print
/Name Type/Print N e
Signature S ' n to
FS1\241\014084-0045\33191. 04/02/93 SERVICE AGREEMENT
LEVEL OF
SCOPE OF SERVICE SERVICE
3
Page 4 of 8
The following service level(s) to be included in this Service Agreement as indicated on the
{ attached schedule page(s):
1
1.0 INSPECT AND REPORT (IR) service to be provided by CARRIER such that the
equipment listed herein will receive at least the number of inspections as stated on
the attached Schedule page(s). Each inspection will be in accordance with
CARRIER'S standards and, unless otherwise stated herein will include but is not
limited to the following:
• EACH OPERATING INSPECTION: Log equipment noting general condition,
operating data, noises, vibration, temperature and pressure. Where applicable
inspect control and safety devices,check for proper refrigerant solution,lubricant
and water level, confirm control and equipment responses, adjust for normal
operation, provide inspection reports including recommendations for corrective
actions.
• EACH STOP INSPECTION:(Equipment not normally operating).Where applicable
inspect all rotating devices,couplings and drives,inspect hold down bolts,inspect
electrical connections, perform functional checks on control and safety devices,
provide inspection report identifying any problem area including recommendations
for corrective actions.
2.0 OIL AND GREASE (OG) service includes all (IR) services plus those routine tasks
which do not require component disassembly, but may require inspection cover or
plate removal. Unless otherwise stated herein, the OIL AND GREASE service
includes but is not limited to the following:
• Annual oil change, routine lubricating, replace oil filters, replace refrigerant filters,
touch-up painting, blow down dirt legs/strainers, cleaning of control starter
contacts, clean electronic modules, clean drain pans, leak testing of any
disassembled joints.
3.0 ANNUAL PREVENTIVE MAINTENANCE (AM) service includes all the (IR) and
(OG) services plus those recurring tasks which are performed on a yearly cycle as
recommended by the equipment manufacturer and may require minor disassembly
and removal of available inspection covers. Unless otherwise stated herein, the
ANNUAL PREVENTIVE MAINTENANCE service includes, but is not limited to the
following:
• Annual preventive maintenance tasks, internal inspection, clean oil sump,
replacement of yearly expendable parts, minor adjustments, minor repairs,
alignment check,calibrate controls,measure and record accessible clearances,
leak testing of any disassembled joints or interconnecting refrigerant piping.
1
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S-60B(2-89) 917-069
Service Agreement -
• _ REPLACEMENT PARTS
SCOPE OF SERVICE UNSCHEDULED SERVICE
OPTIONS
Page 5 of 8
REPLACEMENT PARTS will be included if indicated: "as required" or "as listed herein" on any attached
Schedule page(s). Unless otherwise stated, the "as required" parts are provided and installed by CARRIER
necessary to perform the level of service selected;the "as listed herein" parts are provided and installed by
CARRIER only to the extent of the following:
fReplacement parts included are those required to complete annual stop
maintenance including gaskets, o-rings, oil filters and cleaners.
7
1
Customer responsible for the removal of waste oil.
In order to meet any additional SCAQMD Rule 1415 requirements and the
Federal Clean Air Act on C:FC restrictions, client will be billed
charges necessary to fulfill mandates.
Carrier will make minor leak repairs as detected by the SCAQMD audit.
(i.e. torquing bolts on flanges and tightening up couplings) . If major
leaks are found, customer will be advised. Authorization to proceed
and purchase order will be required before commencing with work not
covered under this agreement.
Refrigerant, if required, will be extra.
i
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UNSCHEDULED SERVICE will be included if indicated"as required"or"as specified herein"on any attached
Schedule page(s) Unless otherwise stated, the "as required" UNSCHEDULED SERVICE is provided when
necessary to diagnose problems and perform minor adjustments between scheduled inspection; the "as
specified herein" UNSCHEDULED SERVICE is provided only to the extent of the following:
I Unscheduled service is available twenty-four hours a day
,y, seven days a
week at Carrier's prevailing labor rates. Normal business hours consist
of Monday through Friday, 7:30 AM to 4:30 PM. Should additional service
be required after normal business hours, or on holidays, client will be
billed for premium time.
]1
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S-60D11-891 917-071
WATER CHILLER
m COOLING SCHEDULE EQUIPMENT
Page 6 of 8
City of Palm Springs
CUSTOMER PROPOSAL NO. AGREEMENT NO.
Airport Complex, Palm Springs, CA 92263
LOCATION(If different than page 1) PROPOSAL DATE EFFECTIVE DATE
AYES" indication means the service(s) is included in this AGREEMENT.A "NO"indication means the service(s) is not
included.
LEVEL OF SERVICE
Yes/No ITEM
Yes 1. INSPECT AND REPORT:
3 OPERATING INSPECTIONS AND 1 STOP INSPECTION(S)PER YEAR.
Yes 2.OIL AND GREASE includes item 1
Yes 3,ANNUAL PREVENTIVE MAINTENANCE includes items 1.and 2.
No 4. MULTI-YEAR PREVENTIVE MAINTENANCE includes items 1 2.and 3.
No 5. FULL MAINTENANCE includes items 1.,2,3.and 4.
SERVICE OPTIONS
Yes REPLACEMENT PARTS n/a AS REQUIRED for above level or xx AS LISTED HEREIN.
`Yes UNSCHEDULED SERVICE n/a AS REQUIRED or XX AS SPECIFIED HEREIN.
*-Yes TUBE INSPECTION head removal by n/a CARRIER or xx CUSTOMER on:
xx cooler, xx condenser, n/a absorber, n/a generator.
Yes TUBE BRUSH CLEANING includes TUBE INSPECTION
**-cooler up to ORe times per year
condenser up to one timesper year Acid cleaning extra if
absorber up to n/a times per n/a required.
generator up to n/a times per n/a
No TUBE REPAIRS — REFRIGERANT SIDE must include items 4. or 5.and TUBE BRUSH CLEANING,
No TUBE REPAIRS—WATER SIDE:must include items 4 or 5.,TUBE REPAIRS—REFRIGERANT SIDE and
No WATER TREATMENT.
EQUIPMENT LIST
QUANTITY: MANUFACTURER: COMPONENT/UNIT ID MODEL NO SERIAL NO. NOTES
1 Trane Centrifugal Chiller CVHE036PAN61- L91KO8700 R-11
U3CJZ99N1
Carrier to provide one (1) unscheduled service call annually during
normal business hour sr a-F- hD COSH
^^ Tube inspection condit:ional upon the condenser water and chilled water
valves holding when the valves are closed.
*` Cooler heads to be removed and replaced by customer.
S-60H(2-90) ScP 917-075
_ _
ANALYSIS SERVICE
. SCHEDULE � .._....__._�,.._, ...,,..,._...�....._.............._
LITHIUM BROMIDE
OIL
REFRIGERANT
I TUBE ANALYSIS
WATER
_Ci_ty of Palm Springs
CUSTOMER AGREEMENT NO
I
Airport_Complex, Palm Springs, CA_92263 __
LOCATION(If different than page 1) EFFECTIVE DATE
ANALYSIS SERVICE will be provided as described below.After the completion of each analysis CARRIER shall interpret the
results and provide a written report to the CUSTOMER including any recommendations for corrective action(s). If the
recommended corrective action(s) are within the Scope of Service and Schedule page(s) of this AGREEMENT, then
CARRIER shall schedule and complete such action(s).
SYSTEM,
EQUIPMENT OR PRODUCT TYPE OF
IDENTIFICATION ANALYSIS SERVICE FREQUENCY
(1) Trane Chiller Oil Annually
CVIiE036FAN61U3J299N1
t
The fallowing applies in lieu of paragraph 9,WARRANTY of the General Provisions with respect to ANALYSIS SERVICE.
WARRANTY:CARRIER guarantees the quality of all workmanship of the ANALYSIS SERVICE that is performed under this
AGREEMENT for a period of sixty(60)days after completion Upon written notification within such period that the ANALYSIS
SERVICES were not performed in a workmanlike manner,CARRIER agrees to remedy and redo any such services in a
timely manner without cost to the CUSTOMER In the event that it proves impractical or impossible to remedy or redo such
services,CARRIER will reduce the AGREEMENT price to reflect the reduced value of the ANALYSIS SERVICE performed.
CARRIER'S obligation to remedy any improperly performed ANALYSIS SERVICE or reduce the AGREEMENT price for such
services shall be the CUSTOMER'S exclusive remedy under this AGREEMENT
Page 7 of g
S-600(5-88) 917-083
—� Service Agreement
PRICE ADJUSTMENT a
9
Page 8 of 8
City_of Pa_1n__Springs__ ________ _ _
CUSTOMER AMENDMENT NO
_Air_gort_Comple_x,_Palm_Springs. CA 92263
LOCATION SUBMITTAL DATE d
t
1
----- -- ------ i
AGREEMENTNO AGREEMENT EFFECTIVE DATE NO PAGE OF
i
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( This PRICE ADJUSTMENT to be attached to and made part of the above AGREEMENT.
PRICE ADJUSTMENT(S) may be performed In accordance with one of the following methods
i
1.0 _ Ye5___-_ANNIVERSARY ADJUSTMENT:
.t (Yes, No)
I
No -,___on any anniversary date(or)
i
j (Yes, No) "
Yes on the anniversary date of any subsequent - One year term.
i
(Yes, No)
The current AGREEMENT price Is$ _$ 69.24.00 per _year-__
beginning on the effective date ofg'k/_1[93_ 4, D')
i
1 The AGREEMENT price to be adjusted to$.— —----per year payable$_.___ * per Rlonth
beginning on the effective date of S_k/_l/94__
2.0 _. No_ _.--PRICE SCHEDULE:
!!! (Yes, No)
t +
•• Based upon Cost of Living index.
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