09/19/2007 AgreementDANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
TO:
ATTN:
FROM:
November 7, 2007
Dent Pierce, Director
Public Works Division
Beth Leto, Assistant Director
Public Works Division
Isabel. C DeSantis, D.C.
At the September 19, 2007, Board of County Commissioner's meeting the Board granted
approval to award bid and authorized execution of an Agreement for Testing, Certification, and
Maintenance between Monroe County and Siemens Building Technologies, Inc., for Testing,
Certification and Maintenance of - Monroe County Detention Center: Fire Alarm System,
Apogee Building Automation System (HVAC); Sheriffs Administration Building: Fire Alarm
System and Building Automation System (HVAC); Key West Courthouse Annex: Fire Alarm
System; and Monroe County (Marathon) Government Center: Building Automation System. System; Monroe County Juvenile Justice Building: Fire Alarm System and Building Automation
Enclosed is a duplicate original of the above -mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
FIRE ALA.RM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
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AGREEMENT FOR
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TESTING, CERTIFICATION, AND MAINTENANGE
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MONR.OE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM, APOGEE
BUILDING AUTOMATION SYSTEM (HV AC), AND SMOKE CONTROL
SYSTEM
SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND
BUILDING AUTOMATION SYSTEM (HV AC)
KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM
MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM
AND BUILDING AUTOMATION SYSTEM
MONROE COUNTY (MARATHON) GOVERNMENT CENTER: BUILDING
AUTOMATION SYSTEM
This Agreement is made and entered into this flit day of Jph/~ ,2007,
between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
SIEMENS BUILDING TECHNOLOGIES, INe. ("CONTRACTOR"), a Florida
corporation, whose address is 10111 Business Drive, Miramar, FL 33025.
WHEREAS, COUNTY desires to provide testing, certification, and maintenance
services for various public facilities, and
WHEREAS, CONTRACTOR desires and is able to provide testing, certification,
and maintenance services to various public facilities; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
testing, ,certification, and maintenance services to various public facilities, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein,
it is agn,ed as follows:
Agreement
1-1
September 2007
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FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE, COUNTY, FLORIDA
1. THE AGREEMENT
The Agreement consists of this document and Attachment I only.
2. SCOPE OF THE WORK:
SPEClFICA TIONS FOR TESTING, CERTIFICATION, AND MAINTENANCE
FOR VARIOUS PUBLIC FACILITIES LOCATIONS AS FOLLOWS:
BUILDING AUTOMATION SYSTEM DEVICES. IN CURRENT NUMBERS:
BUILDING TYPE DESCRIPTION QUANTITY
11# UNITS)
MONROE COUNTY A VARIABLE AIR VOLUME (VAV) 26
DETENTION CENTER WITHOUT HEAT
MONROE COUNTY B VAV WITH ELECTRIC HEAT 5
DETENTION CENTER
MONROE COUNTY C VAV WITH FAN & ELECTRIC 9
DETENTION CENTER HEAT
MONROE COUNTY D CONSTANT VOLUME WITH 14
DETENTION CENTER ELECTRIC HEAT
MONROE COUNTY E F AN COIL UNITS 29
DETENTION CENTER
SHERIFF'S ADMINISTRATION A V A V WITHOUT HEAT 28
BUILDING
MONROE COUNTY JUVENILE C VAV WITH FAN & ELECTRIC 31
JUSTICE BUILDING HEAT
MONROE COUNTY C VAV WITH FAN & ELECTRIC 16
GOVERJ'JMENT CENTER HEAT
Agreement
1-2
September 2007
FIRE AU\RM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
FIRE SYSTEM DEVICES PER BUILDING. IN CURRENT NUMBERS:
MONROE COUNTY DETENTION CENTER-EST SYSTEM
Smoke Detectors
Heat Detectors
Duct Detectors (Smoke & Heat)
Manual Pull Stations
Tamper Switches
Flow Switches
297
38
212
29
29
13
MONROE COUNTY SHERIFF'S ADMINISTRA nON BUILDING -EST SYSTEM
Smoke Detectors 23
Heat Detectors 7
Duct Detectors (Smoke) 3
Manual Pull Switches 6
Tamper Switches 5
Flow Switches 5
MONROE COUNTY COURTHOUSE ANNEX -EST SYSTEM
IRC-3 Panel 1
Pull Stations 18
Ion Detectors 75
Photo Detectors 5
Duct Detector Modules 7
Thermal Detectors 8
Water Flow Modules 4
Supervisory Valve Modules 9
Control Modules (AHU Shutdown, Elevator Recall) 10
Main Controller 1
Remote Zone Module 1
Zone Addressable System Card 2
Remote Annunciators 10
Printer I
MONROE COUNTY JUVENILE JUSTICE BUILDING -EST SYSTEM
Photo Smoke Duct Detectors 12
Ion Smoke Detectors 1
Photo Smoke Detectors 96
Heat Detectors 1 7
Water Flow Switches 4
Pull Stations I 5
Agreement
1-3
September 2007
FIRE AU\RM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
A. LOCATION: Monroe County Detention Center
5501 College Road
Stock Island, Key West, Fl. 33040
SYSTEM: Fire Alarm System - EST
The Contractor shall furnish all labor, material, equipment and documentation to
wmply with the authority having jurisdiction for the certification, maintenance,
:md testing of the Monroe County Detention Center's Fire Alarm System,
iincluding but not limited to the following:
I) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS:
The Contractor shall conduct annual tests of all required system
components as per the latest edition of NFPA 72H, Testing Frequencies.
2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS:
The Contractor shall conduct semi-annual tests of all required system
components as per the latest edition ofNFPA 72H, Testing Frequencies.
3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS:
The Contractor shall conduct quarterly tests of all required system
components as per the latest edition ofNFPA 72H, Testing Frequencies.
4) SYSTEM PREVENT A TIVE MAINTENANCE:
The Contractor shall develop and perform preventative maintenance in
accordance with a program of standard maintenance routines as
determined by the manufacturer's recommendations and reviewed by the
Owner. The Contractor shall maintain and test the "FIREWORKS" fire
control system and provide and install the latest software upgrades as they
become available.
5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT:
With the Owner's prior approval, the Contractor shall repair or replace
failed or worn components to maintain the system in peak operating
condition. Upgrade equipment by systematically modernizing existing
components as may be necessary. Components that are suspected of being
faulty will be repaired or replaced in advance to prevent system failure.
The Contractor shall provide cost estimates of such repairs or
replacements for Owner's approval. Reimbursement shall be in
accordance with this Agreement.
Agreement
1-4
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
6) FIRE DOOR EGRESS SYSTEM (FEAR):
The Contractor shall conduct tests as recommended by NFP A 101 on the
Fire Door Egress System. The Contractor shall test to verify proper
function of the Fire Door Egress System in response to automatic
activation from the fire alarm system or manual activation from the system
operator's console. This test will also verifY proper operation of Fire Door
Egress System override priorities and system reset.
B. LOCATION: Monroe County Detention Center
5501 College Road
Stock Island, Key West, FL 33040
SYSTEM: APOGEE Building Automation System (HV AC)
The Contractor shall furnish all labor, material, equipment and
documentation to comply with the service requirements for the
maintenance and testing of the Monroe County Detention Center's
Building Automation System, including but not limited to the following:
I) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS:
The Contractor shall provide system and software troubleshooting and
diagnostics via modem. If needed, the Contractor will furnish, and
install the necessary on-line service equipment, to enable the
Contractor to remotely log-on to this system via regular voice grade
dial-up phone line.
2) OPERATOR SUPPORT:
The Contractor shall provide unlimited consultation to assist the
Owner in identifYing, verifying, and resolving problems found in
executing system tasks.
3) SOFTWARE SERVICES:
a) INSIGHT GRAPHICS BACKUP:
The Contractor shall backup the Insight graphics database one (I)
time per year. In the event of hardware failure, the Contractor
shall reload the graphics database and system file from the current
backup copy.
b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP:
The Contractor shall backup each field panel database and system
file one (I) time per year. In the event of memory loss, the
Contractor shall reload the database from the current backup copy.
Agreement
1-5
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
c) FIELD PANEL DATABASE DIAGNOSTICS:
The Contractor shall perform field panel diagnostics, analyze the
results and make recommendations to optimize building control
performance within the functional limits of the system.
d) CONTROL LOOP EV ALUA TION AND TUNING:
The Contractor shall, one (I) time per year, provide evaluation and
tuning of the critical control loops to maintain system control to
peak efficiency as building and mechanical system characteristics
change. Verify proper operation of all V A V sand TECs.
e ) SOFTWARE CONSULTATION:
The Contractor shall provide software consultation to assist the
operator(s) in identifying, verifying and resolving software
problems found in executing system tasks.
t) SOFTWARE UP-GRADES:
The Contractor shall install the latest up-grades to existing system
as they become available.
4) SYSTEM PREVENT A TlVE MAINTENANCE
The Contractor shall develop and perform preventative maintenance in
accordance with a program of standard maintenance routines as
determined by the manufacturer's recommendations and reviewed by
the Owner.
5) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE
a) DIAGNOSTIC SERVICES
The Contractor shall provide technical expertise to ensure system
reliability and occupant comfort. Contractor shall review the
operation of the equipment, assist in analyzing and troubleshooting
problems, and make recommendations to optimize the building
control performance within the functional limits of the system.
b) OPERATING INSPECTIONS
Contractor shall provide one (I) routine scheduled operating
inspection to check system performance and equipment operating
controls, to evaluate system efficiency and reliability.
c) ANNUAL SERVICES
Agreement
1-6
September 2007
FIRE ALP.RM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
The Contractor shall perform extensive annual services throughout
the contract year, developing and providing routine scheduled
maintenance, thorough inspections, and detailed operating and
equipment checks as per the Manufacturer's recommendation and
reviewed by the Owner. Equipment shall include but not be
limited to all V A Vs, FCUs, VFDs, dampers and controllers.
d) CALIBRATION
The Contractor shall provide evaluation and calibration of control
loops to achieve peak building efficiency and occupant comfort.
e) INSPECTION
Verify proper operation of all V A V s and fan coil units.
6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EV ALUA TION
The Contractor shall provide dedicated account management to
coordinate the delivery of service, offer technical assistance for system
programs and engineered control strategies, and implement the quality
assurance program.
7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE
SERVICES
The Contractor shall provide on-line response, via modem, within two
(2) hours of request for corrective maintenance during the emergency
response window specified. If remote diagnosis determines a site visit
is required to complete troubleshooting procedures, the Contractor
shall be on-site within 24 hours, upon Owner's request.
8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT:
The Contractor shall repair or replace failed or worn components to
maintain the system in peak operating condition. Upgrade equipment
by systematically modernizing existing components as may be
necessary. Components that are suspected of being faulty will be
repaired or replaced in advance to prevent system failure. Contractor
shall provide cost estimates of such repairs or replacement for Owner's
approval. Reimbursement shall be in accordance with this agreement.
C. LOCATION: Monroe County Detention Center
5501 College Road
Stock Island, Key West, FL 33040
SYSTEM: Smoke Control System
Agreement
1-7
September 2007
FIRE AlJlHM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
The Contractor shall furnish all labor, material, equipment and
documentation to comply with the service requirements for the
certification, maintenance, and testing for the Monroe County Detention
Center's Smoke Control System, including but not limited to the
following:
I) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS:
a) Smoke Control Svstem Activation Test: The CONTRACTOR
shall test to verifY proper function of the Smoke Control System in
response to automatic activation from the fire alarm system or
manual activation from the system operator's console. This test
will also verifY proper operation of Smoke Control System
override priorities and system reset.
b) Smoke Control Svstem Activation Test: The CONTRACTOR
shall:
. Check Firefighter's Smoke Control Station for switch settings
in auto position.
. Deactivate stair tower pressurization system.
. Run point log and verify that the system is in the normal
state.
. Perform manual smoke control system activation priority
test.
. After performing individual zone test, reset system.
Document that system has been made ready.
. Return stair tower pressurization system to active mode.
. Reset smoke control system and verify that system is ready
for smoke control.
. Document findings.
Test performed per requirements set forth in the HV AC prints for
Monroe County Detention Center (Reference Sheet 10.37).
c) Firefighter's Smoke Control Station (FSCS) Test: The
CONTRACTOR shall test to verifY operation of the FSCS by
placing each FSCS switch into each of its active positions and
observing the actual status or position of the corresponding smoke
control equipment.
Agreement
1-8
September 2007
FIRE ALJlHM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
d) Smoke Control System FSCS Cabinet Test: The CONTRACTOR
shall perform the following:
. Check diagnostic LED's, fuses and surge transient protection
devices,
. Check line cards and function cards, Check cabling and ensure
that all wiring and terminations are secure.
. Check incoming AC power and power supply. Check power
supply voltages and adjust to +5 volts if necessary.
. Check the time and reset if necessary,
. Visually inspect FSCS cabinet and observe operating
environment.
e) Smoke Control System Control Test per Smoke Control Zone: The
CONTRACTOR shall perform the following:
. Check and/or set starters of supply and return fans to their auto
settings,
. Initiate the auto smoke strategy from fire alarm system
interface. Record all results on "Smoke Control Activation
Test Record" form.
. VerifY, using PT group tables or wild carding, that each piece
of smoke control equipment has been commanded per the
schedule.
· Verify operation. Record and document any problems. Reset
smoke control system.
t) Emergency Power Test: The CONTRACTOR shall verify
operation of smoke control system emergency power. Verify
operation of each smoke control fan, damper and air-handling unit.
Verify operation ofFSCS under emergency power.
5) CORRECTIVE MAINTENANCE
REPLACEMENT:
AND
COMPONENT
The Contractor shall repair or replace failed or worn components to
maintain the system in peak operating condition. Upgrade equipment
by systematically modernizing existing components as may be
necessary, Components that are suspected of being faulty will be
repaired or replaced in advance to prevent system failure, Contractor
shall provide cost estimates of such repairs or replacement for Owner's
approval. Reimbursement shall be in accordance with this agreement.
Agreement
1-9
September 2007
FIRE AU\RM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
D. LOCATION: Sheriffs Administration Building
5525 College Road
Stock Island, Key West, FL 33040
SYSTEM: Fire Alarm System - EST
The Contractor shall furnish all labor, equipment and documentation to
comply with the Authority Having Jurisdiction for the certification,
maintenance, and testing of the Monroe County Courthouse Annex Fire
Alarm System, including but not limited to the following:
I) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS:
The Contractor shall conduct annual tests of all required system
components as per the latest edition of NFPA 72H, Testing Frequencies.
2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS:
The Contractor shall conduct semi-annual tests of all required system
components as per the latest edition ofNFPA 72H, Testing Frequencies.
3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS:
The Contractor shall conduct quarterly tests of all required system
components as per the latest edition ofNFPA 72H, Testing Frequencies.
4) SYSTEM PREVENTATIVE MAINTENANCE:
The Contractor shall develop and perform preventative maintenance in
accordance with a program of standard maintenance routines as
determined by the manufacturer's recommendations and reviewed by the
Owner.
5) CORRECTIVE MAINTENANCE
REPLACEMENT:
AND
COMPONENT
The Contractor shall repair or replace failed or worn components to
maintain the system in peak operating condition. Upgrade equipment by
systematically modernizing existing components as may be necessary.
Components that are suspected of being faulty will be repaired or replaced
in advance to prevent system failure. Contractor shall provide cost
estimates of such repairs or replacement for Owner's approval.
Reimbursement shall be in accordance with this agreement.
Agreement
1-10
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
E. LOCATION:
SYSTEM:
Sheriffs Administration Building
5525 College Road
Stock Island, Key West, FL 33040
Building Automation System (HV AC)
The Contractor shall furnish all labor, material, equipment and
documentation to comply with accepted service requirements for the
certification, maintenance, and testing of the Sheriff s Administration
Building's Building Automation System, including but not limited to the
following:
1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS:
The Contractor shall provide system and software troubleshooting and
diagnostics via modem. If needed, the Contractor will furnish, and install
the necessary on-line service equipment, to enable the Contractor to
remotely log-on to this system via regular voice grade dial up phone line.
2) OPERATOR SUPPORT:
The Contractor shall provide unlimited consultation to assist the Owner in
identifying, verifying, and resolving problems found in executing system
tasks.
3) SOFTWARE SERVICES:
a) INSIGHT GRAPHICS BACKUP:
The Contractor shall backup the Insight graphics database one (1) time
per year. In the event of hardware failure, the Contractor shall reload
the graphics database and system file from the current backup copy.
b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP:
The Contractor shall backup each field panel database and system file
one (1) time per year. In the event of memory loss, the Contractor
shall reload the database from the current backup copy.
c) FIELD PANEL DATABASE DIAGNOSTICS:
The Contractor shall perform field panel diagnostics, analyze the
results and make recommendations to optimize building control
performance within the functional limits of the system.
d) CONTROL LOOP EV ALVA TION AND TUNING:
Agreement
1-11
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
The Contractor shall, one (I) time per year, provide evaluation and
tuning of the critical control loops to maintain system control to peak
efficiency as building and mechanical system characteristics change.
VerifY operation and calibration of all V A V sand TECs.
e) SOFTWARE CONSULTATION:
The Contractor shall provide software consultation to assist the
operator(s) in identifYing, verifying and resolving software problems
found in executing system tasks.
f) SOFTWARE UPGRADES:
The Contractor shall install the latest software upgrades to the existing
system as they become available.
4) PNEUMA TIC/ELECTRIC EQUIPMENT MAINTENANCE
a) DIAGNOSTIC SERVICES
The Contractor shall provide technical expertise to ensure system
reliability and occupant comfort. Contractor shall review the operation
of the equipment, assist in analyzing and troubleshooting problems,
and make recommendations to optimize the building control
performance within the functional limits of the system.
b) OPERATING INSPECTIONS
Contractor shall provide one (1 ) routine scheduled operating
inspection to check system performance and equipment operating
controls, to evaluate system efficiency and reliability.
c) ANNUAL SERVICES
The Contractor shall perform extensive annual services throughout the
contract year, developing and providing routine scheduled
maintenance, thorough inspections, and detailed operating and
equipment checks as per the Manufacturer's recommendation and
reviewed by the Owner. Equipment shall include but not be limited to
all V A Vs, FCUs, VFDs, dampers and controllers.
5) SYSTEM PREVENT A TIVE MAINTENANCE
The Contractor shall develop and perform scheduled preventative
maintenance in accordance with a program of standard maintenance
routines as determined by the manufacturer's recommendations and
reviewed by the Owner.
Agreemen1
1-12
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
6) SYSTEM PERFORMANCE SERVICES
EVALUATION
REVIEW AND
The Contractor shall provide dedicated account management to coordinate
the delivery of service, offer technical assistance for system programs and
engineered control strategies, and implement the quality assurance
program.
7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES
The Contractor shall provide on-line response, via modem, within two (2)
hours of request for corrective maintenance during the emergency
response window specified. If remote diagnosis determines a site visit is
required to complete troubleshooting procedures, the Contractor shall be
on-site within 24 hours, upon Owner's request.
8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT:
The Contractor shall repair or replace failed or worn components to
maintain the system in peak operating condition. Upgrade equipment by
systematically modernizing existing components as may be necessary.
Components that are suspected of being faulty will be repaired or replaced
in advance to prevent system failure. Contractor shall provide cost
estimates of such repairs or replacement for Owner's approval.
Reimbursement shall be in accordance with this agreement.
F. LOCATION:
SYSTEM:
Monroe County Courthouse Annex
502 Whitehead Street
Key West, FL 33040
Fire Alarm System - EST
The Contractor shall furnish all labor, materials, equipment and
documentation to comply with the Authority Having Jurisdiction for the
certification, maintenance, and testing of the Monroe County Courthouse
Annex Fire Alarm System, including but not limited to the following:
I) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS:
The Contractor shall conduct annual tests of all required system
components as per the latest edition of NFP A 72H, Testing
Frequencies.
2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS
FOLLOWS:
Agreement
1-13
September 2007
FIRE AlJlHM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
The Contractor shall conduct semi-annual tests of all required system
components as per the latest edition of NFPA 72H, Testing
Frequencies.
3) QUARTERL Y TESTING OF ALL COMPONENTS AS
FOLLOWS:
The Contractor shall conduct quarterly tests of all required system
components as per the latest edition of NFPA 72H, Testing
Frequencies.
4) SYSTEM PREVENTATIVE MAINTENANCE:
The Contractor shall develop and perform preventative maintenance
in accordance with a program of standard maintenance routines as
determined by the manufacturer's recommendations and reviewed by
the Owner.
5) CORRECTIVE MAINTENANCE
REPLACEMENT:
AND
COMPONENT
The Contractor shall repair or replace failed or worn components to
maintain the system in peak operating condition. Upgrade
equipment by systematically modernizing existing components as
may be necessary. Components that are suspected of being faulty
will be repaired or replaced in advance to prevent system failure.
Contractor shall provide cost estimates of such repairs or
replacement for Owner's approval. Reimbursement shall be in
accordance with this agreement.
6) MANDA TORY WORK HOURS
In order to allow for a normal court schedule, Annual Certification
and testing shall be performed between the hours of 5:00 p.m. and
7:00 a.m. Coordination with the 16th Judicial Circuit is required
prior to certification and testing of this system.
G. LOCATION:
SYSTEM:
Monroe County Juvenile Justice Building
5503 College Road
Stock Island, Key West, Florida 33040
Fire Alarm System
The Contractor shall furnish all labor, equipment and documentation to
comply with the authority having jurisdiction for the certification,
Agreement
1-14
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
maintenance, and testing for the Department of Juvenile Justice Building Fire
Alarm System, including but not limited to the following:
I) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS:
The Contractor shall conduct annual tests of all required system
components as per the latest edition of NFPA 72H, Testing Frequencies.
2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS:
The Contractor shall conduct semi-annual tests of all required system
components as per the latest edition ofNFP A 72H, Testing Frequencies.
3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS:
The Contractor shall conduct quarterly tests of all required system
components as per the latest edition ofNFPA 72H, Testing Frequencies.
4) SYSTEM PREVENTATIVE MAINTENANCE:
The Contractor shall develop and perform preventative maintenance in
accordance with a program of standard maintenance routines as
determined by the manufacturer's recommendations and reviewed by the
Owner.
5) CORRECTIVE MAINTENANCE
REPLACEMENT:
AND
COMPONENT
The Contractor shall repair or replace failed or worn components to
maintain the system in peak operating condition. Upgrade equipment by
systematically modernizing existing components as may be necessary.
Components that are suspected of being faulty will be repaired or replaced
in advance to prevent system failure. Contractor shall provide cost
estimates of such repairs or replacement for Owner's approval.
Reimbursement shall be in accordance with this agreement.
H. LOCATION:
Monroe County Juvenile Justice Building
5503 College Road
Stock Island, Key West, Fl. 33040
SYSTEM:
Building Automation System (HV AC)
The Contractor shall furnish all labor, material, equipment and documentation
to comply with accepted service requirements for the certification,
maintenance, and testing of the Monroe County Juvenile Justice Building's
Building Automation System, including but not limited to the following:
Agreement
1-15
September 2007
FIRE AlJlHM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
I) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS:
The Contractor shall provide system and software troubleshooting and
diagnostics via modem. If needed, the Contractor will furnish, and install
the necessary on-line service equipment, to enable the Contractor to
remotely log-on to this system via regular voice grade dial up phone line.
2) OPERA TOR SUPPORT:
The Contractor shall provide unlimited consultation to assist the Owner in
identifYing, verifYing, and resolving problems found in executing system
tasks.
3) SOFTWARE SERVICES:
a) INSIGHT GRAPHICS BACKUP:
The Contractor shall backup the Insight graphics database one (I) time
per year. In the event of hardware failure, the Contractor shall reload
the graphics database and system file from the current backup copy.
b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP:
The Contractor shall backup each field panel database and system file
one (I) time per year. In the event of memory loss, the Contractor
shall reload the database from the current backup copy.
c) FIELD PANEL DATABASE DIAGNOSTICS:
The Contractor shall perform field panel diagnostics, analyze the
results and make recommendations to optimize building control
performance within the functional limits of the system.
d) CONTROL LOOP EVALUATION AND TUNING:
The Contractor shall, one (I) time per year, provide evaluation and
tuning of the critical control loops to maintain system control to peak
efficiency as building and mechanical system characteristics change.
VerifY operation and calibration of all V A V sand TECs.
e) SOFTWARE CONSULTATION:
The Contractor shall provide software consultation to assist the
operator(s) in identifYing, verifying and resolving software problems
found in executing system tasks.
f) SOFTWARE UPGRADES:
Agreement
1-16
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
The Contractor shall install the latest software upgrades to the existing
system as they become available.
4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE
a) DIAGNOSTIC SERVICES
The Contractor shall provide technical expertise to ensure system
reliability and occupant comfort. Contractor shall review the operation
of the equipment, assist in analyzing and troubleshooting problems,
and make recommendations to optimize the building control
performance within the functional limits of the system.
b) OPERATING INSPECTIONS
Contractor shall provide one ( I) routine scheduled operating
inspection to check system performance and equipment operating
controls, to evaluate system efficiency and reliability.
c) ANNUAL SERVICES
The Contractor shall perform extensive annual services throughout the
contract year. developing and providing routine scheduled
maintenance, thorough inspections, and detailed operating and
equipment checks as per the Manufacturer's recommendation and
reviewed by the Owner. Equipment shall include but not be limited to
all V A Vs, FCUs, VFDs, dampers and controllers.
5) SYSTEM PREVENTATIVE MAINTENANCE
The Contractor shall develop and perform scheduled preventative
maintenance in accordance with a program of standard maintenance
routines as determined by the manufacturer's recommendations and
reviewed by the Owner.
6) SYSTEM PERFORMANCE SERVICES
EVALUATION
REVIEW AND
The Contractor shall provide dedicated account management to coordinate
the delivery of service, offer technical assistance for system programs and
engineered control strategies, and implement the quality assurance
program.
7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES
The Contractor shall provide on-line response, via modem, within two (2)
hours of request for corrective maintenance during the emergency
Agreement
1-17
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
response window specified. If remote diagnosis determines a site visit is
required to complete troubleshooting procedures, the Contractor shall be
on-site within 24 hours, upon Owner's request.
8) CORRECTIVE MAINTENANCE
REPLACEMENT:
AND
COMPONENT
The Contractor shall repair or replace failed or worn components to
maintain the system in peak operating condition. Upgrade equipment by
systematically modernizing existing components as may be necessary.
Components that are suspected of being faulty will be repaired or replaced
in advance to prevent system failure. Contractor shall provide cost
estimates of such repairs or replacement for Owner's approval.
Reimbursement shall be in accordance with this agreement.
I. LOCATION: Monroe County Government Center
2978 Overseas Highway
Marathon, Florida 33050
SYSTEM:
Building Automation System (HV AC)
The Contractor shall furnish all labor, material, equipment and
documentation to comply with accepted service requirements for the
certification, maintenance, and testing of the Monroe County Government
Center Building Automation System, including but not limited to the
following:
1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS:
The Contractor shall provide system and software troubleshooting and
diagnostics via modem. If needed, the Contractor will furnish, and
install the necessary on-line service equipment, to enable the
Contractor to remotely log-on to this system via regular voice grade
dial up phone line.
2) OPERATOR SUPPORT:
The Contractor shall provide unlimited consultation to assist the
Owner in identifYing, verifying, and resolving problems found in
executing system tasks.
3) SOFTWARE SERVICES:
a) INSIGHT GRAPHICS BACKUP:
The Contractor shall backup the Insight graphics database one (I)
time per year. In the event of hardware failure, the Contractor
Agreement
1-18
September 2007
FIRE ALA.RM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
shall reload the graphics database and system file from the current
backup copy.
b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP:
The Contractor shall backup each field panel database and system
file one (1) time per year. In the event of memory loss, the
Contractor shall reload the database from the current backup copy.
c) FIELD PANEL DATABASE DIAGNOSTICS:
The Contractor shall perform field panel diagnostics, analyze the
results and make recommendations to optimize building control
performance within the functional limits of the system.
d) CONTROL LOOP EV ALUA TION AND TUNING:
The Contractor shall, one (1) time per year, provide evaluation and
tuning of the critical control loops to maintain system control to
peak efficiency as building and mechanical system characteristics
change. Verify operation and calibration of all V A V s and TECs.
e) SOFTWARE CONSULTATION:
The Contractor shall provide software consultation to assist the
operator(s) in identifying, verifying and resolving software
problems found in executing system tasks.
t) SOFTWARE UPGRADES:
The Contractor shall install the latest software upgrades to the
existing system as they become available.
4) PNEUMATIC AND/OR
MAINTENANCE:
ELECTRIC
EQUIPMENT
a) DIAGNOSTIC SERVICES:
The Contractor shall provide technical expertise to ensure system
reliability and occupant comfort. Contractor shall review the
operation of the equipment, assist in analyzing and troubleshooting
problems, and make recommendations to optimize the building
control performance within the functional limits of the system.
b) OPERATING INSPECTIONS:
Agreement
1-19
September 2007
FIRE AU\RM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
Contractor shall provide one (I) routine scheduled operating
inspection to check system performance and equipment operating
controls, to evaluate system efficiency and reliability.
c) ANNUAL SERVICES:
The Contractor shall perform extensive annual services throughout
the contract year, developing and providing routine scheduled
maintenance, thorough inspections, and detailed operating and
equipment checks as per the Manufacturer's recommendation and
reviewed by the Owner. Equipment shall include but not be
limited to all V A Vs, FCUs, VFDs, dampers and controllers.
5) SYSTEM PREVENTATIVE MAINTENANCE:
The Contractor shall develop and perform scheduled preventative
maintenance in accordance with a program of standard maintenance
routines as determined by the manufacturer's recommendations and
reviewed by the Owner.
6) SYSTEM PERFORMANCE SERVICES
EVALUATION:
REVIEW AND
The Contractor shall provide dedicated account management to
coordinate the delivery of service, offer technical assistance for system
programs and engineered control strategies, and implement the quality
assurance program,
7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE
SERVICES:
The Contractor shall provide on-line response, via modem, within two
(2) hours of request for corrective maintenance during the emergency
response window specified. If remote diagnosis determines a site visit
is required to complete troubleshooting procedures, the Contractor
shall be on-site within 24 hours upon Owner's request.
8) CORRECTIVE MAINTENANCE
REPLACEMENT:
AND
COMPONENT
The Contractor shall repair or replace failed or worn components to
maintain the system in peak operating condition. Upgrade equipment
by systematically modernizing existing components as may be
necessary. Components that are suspected of being faulty will be
repaired or replaced in advance to prevent system failure. Contractor
Agreement
1-20
September 2007
FIRE AU\RM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
shall provide cost estimates of such repairs or replacement for Owner's
approval. Reimbursement shall be in accordance with this agreement.
J. RESPONSE TIME - Monday through Sunday, 24 hours per day:
The Contractor shall provide emergency service between scheduled
preventative maintenance calls, Monday through Sunday, including
holidays, 24 hours per day. Emergencies are to be determined by the
Owner.
K. ON-SITE RESPONSE
The Contractor shall be on-site to provide emergency service within 24
hours upon the Owner's request. Non-emergency calls as determined
by Owner will be incorporated into the next scheduled preventative
maintenance visit.
L. DOCUMENT A TION OF ALL SERVICES PROVIDED
The Contractor shall document each on-site service call and furnish the
Owner with a copy showing time, date, and a brief description of
activity. Work orders for on-site system preventative maintenance will
list the inspection date, individual to report to, equipment
identification, equipment location, work to be performed, and any
special instructions. All documentation shall be submitted to the
Owner by the Contractor with the quarterly invoice for payment.
M. QUALITY ASSURANCE PROGRAM
The Contractor shall meet the Owner on a semi-annual basis to
evaluate system performance and Owner's satisfaction with the quality
of service that is being provided. Contractor is to schedule a meeting
with the Owner at the beginning of the contract year and an update
meeting six months into the contract year with the following being part
of the agenda. Contractor shall compile all maintenance criteria and
procedures for all systems and equipment as recommended by the
Manufacturer. The maintenance criteria and procedures shall be
formatted under major headings of which is then to be incorporated
into a bar/Gantt chart schedule utilizing Microsoft Scheduler or equal,
showing the Contractor's scheduled site visits and the tasks to be
accomplished in order to complete the contract's scope.
N. STAFFING
The Contractor shall provide qualified personnel needed to ensure the
adequate and satisfactory monitoring and performance of the systems
Agreement
1-21
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
as required pursuant to this Agreement or by law. The Contractor
shall utilize any and all other additional personnel that may be
necessary for the maintenance of the systems during abnormal or
emergency conditions for Monroe County, Florida upon receipt of
approval of such additional personnel by the Owner.
O. MATERIALS AND EQUIPMENT
Such tools and equipment acquired by the Owner or by Contractor for
the Owner with budgeted funds will remain a part of the facility upon
termination of this Agreement. The Contractor shall take all steps
necessary to preserve and maintain any warranties on any of the tools,
equipment and facility components, and to keep the Owner informed
in a timely manner of all steps taken to preserve and maintain such
warranties.
P. MAINTENANCE, REPAIR AND REPLACEMENT
The Contractor shall, when providing maintenance or repair services,
maintain the systems in good condition and repair, including making
all necessary repairs and replacements consistent with standard NFP A
requirements and Fire Alarm System, Smoke Control System, and
Building Automation System practices. The Contractor shall maintain
the safety of the systems at a level consistent with applicable law and
normal practices for systems of similar magnitude. The Contractor
shall maintain the systems and equipment in good repair and in a neat,
orderly and litter free condition in order to protect the systems against
deterioration and to maintain the aesthetic quality of the facilities. The
Contractor shall correct any material deficiencies, inefficient operation
and maintenance of the systems throughout the term hereof pursuant to
the provisions hereof for normal conditions in Monroe County, Florida
for a period of twelve (12) months after the earlier of substantial
completion of the work or first beneficial operation or use. All
auxiliary equipment not manufactured by Contractor carries only such
warranty as given by the manufacturer thereof and which is hereby
assigned to County. THE EXPRESS WARRANTIES SET FORTH
HEREIN CONSTITUTE CONTRACTOR'S SOLE WARRANTY
OBLIGATION AND ARE IN LIEU OF AND EXCLUDE ALL
OTHER WARRANTIES WHETHER STATUTORY. EXPRESS OR
IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY
DISCLAIMED. The Owner shall have the right to request copies of
maintenance records maintained by the Contractor during normal
business hours. The Contractor shall maintain the facility in such a
manner as to keep all warranties in full force and shall not act, or allow
Agreement
1-22
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
any other party to act, so as to interfere with the effectiveness of such
warranties.
Q. FINES AND PENAL TIES
The Contractor shall be liable for the following: 1) Any fines or civil
penalties which may be imposed by any governmental or
quasi-governmental agency or body; and 2) any judgments or
liabilities arising from actions by non-government or
quasi-governmental agencies or bodies for violations of applicable
county, state, and federal laws and regulations to the extent directly
arising out of, or resulting from, the performance of its duties and
obligations under this Agreement, including, without limitation, acts
and omissions of the Contractor, its employees, agents, officers and
subcontractors. The Contractor shall not be responsible for any fines
or civil penalties due to legal proceedings concluded prior to execution
of this Agreement, unless such fines or civil penalties are the direct
result of an act or omission of the Contractor pursuant to the terms
hereof.
R. HOURLY LABOR AND MARKUP RATE
Each bid shall also contain an hourly labor rate for upgrades, repair or
replacement work not within the scope of maintenance and testing and
a markup rate for materials and equipment furnished. Expenses for
travel, lodging, per diem and other authorized expenses shall be paid
pursuant to Article XXVI of the Monroe County Code. All repair
work necessary requiring reimbursement for funding by the Owner
will require prior approval by the Owner unless it is deemed an
emergency and the Owner's representative cannot be contacted. In
such case, documentation will be required certifYing emergency
requirement immediately after the fact.
S. SPECIAL PROVISIONS
TOOL CONTROL PLAN-The Monroe County Detention Center
requires a Public Works Department staff member to inventory all
visitor's and contractor's tools on the approved Visitor/Contractor
Tool Inventory form prior to entering and departing the facility. Only
those tools necessary for the project will be allowed inside the facility.
Contractors shall be under staff escort and supervision at all times
while in the secured envelope of the facility or anywhere inmates may
have access to the work area. The escort shall have in his/her
possession a contractor tool inventory. Any discrepancies in the tool
inventory will be handled by the escort as outlined in Section 16 of the
Monroe County Administrative Instruction #6606.1 and the Contractor
Agreement
1-23
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
shall remain at the facility until attempts of tool recovery have been
completed.
\
SMOKING POLICY-The Monroe County Detention Center is a non-
smoking facility. Employees and contractors are not permitted to
bring tobacco, cigarettes, cigars, lighters or matches into the secured
envelope. If these items are brought into this facility, the act is
considered to be an Introduction of Contraband which is punishable by
law. The minimum action that a Contractor may expect from the
Monroe County Sheriffs Office for Introduction of Contraband is to
be permanently barred from future entrance to the facility.
T. SPECIFICATIONS
The specifications contained herein are considered to be the minimum
standards required. The maintenance of the systems shall comply with
all applicable Federal, State, and Local codes and ordinances.
3. PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by
COUNTY and upon submission of a proper invoice by CONTRACTOR.
B. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, on quarterly schedule in arrears.
Acceptability to the Clerk is based on generally accepted accounting
principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds.
C. Expenses for travel, lodging, per diem and other authorized expenses shall be
paid pursuant to Florida Statute 112.061 and Monroe County Ordinance.
D. COUNTY shall pay to the CONTRACTOR for the performance of all
services except those identified herein as "Corrective Maintenance and
Component Replacement" ("Additional Services") on a per quarterly, in
arrears basis on or before the I" day of the following month in three (3) month
periods. The CONTRACTOR shall invoice the COUNTY quarterly for the
maintenance and testing performed under the Contract Documents contained
herein. The Contract amount shall be as stated by the CONTRACTOR's
proposal as follows:
Monroe County Detention Center
$64,500.00 per year
Agreement
1-24
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
Sheriffs Administration Building
$17,600.00 per year
$5,500.00 per year
Key West Courthouse Annex
Monroe County Juvenile Justice Building
$26,400.00 per year
Monroe County Government Center
$7,500.00 per year
E. COUNTY shall compensate the CONTRACTOR for Additional Services
performed under this Agreement, as follows:
1. The actual cost of parts and materials purchased from manufacturer as
described in Attachment 1. A Manufacturer's Invoice must accompany
all requests for payment for any part which exceeds $500.00, and may be
requested at the discretion of the Owner for any part, regardless of the
cost. If the CONTRACTOR and the Manufacturer are the same entity,
CONTRACTOR shall confirm and provide the COUNTY with best
customer pricing status.
11. The cost of labor and equipment used by the CONTRACTOR to
compensate the CONTRACTOR for Additional Services will be
calculated using the unit prices set forth in the CONTRACTOR's bid as
follows:
1. Labor - normal working hours of 8:00 am to 5:00 pm, Monday through
Friday, excluding holidays See Attachment 1
2. Labor - overtime rate, other than the normal working hours, including
weekends and holidays See Attachment 1
111. Total Compensation to CONTRACTOR for additional services under this
Agreement shall not exceed TWENTY-FIVE THOUSAND AND NOll 00
DOLLARS ($25,000.00) unless pre-approved emergency work requiring
additional funds is implemented.
4. TERM OF AGREEMENT
This Agreement shall commence on October 1, 2007 and ends upon September 30,
2008, unless terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional
three (3) one year periods at terms and conditions mutually agreeable to the parties,
exercisable upon written notice given at least 60 days prior to the end of the initial term.
Unless the contract clearly indicates otherwise, references to the "term" of this
Agreement shall mean the initial term of one year.
Agreement
1-25
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
The Contract amount shall be adjusted annually in accordance with the percentage
change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all
Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based
upon the' CPI-U computation at December 3 I of the previous year.
5. !~CCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses. Proof of such licenses and approvals shall be submitted to the
COUNTY upon request.
6. !IINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principks consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec.
55.03, Florida Statutes, running from the date the monies were paid to CONTRACTOR.
7. rUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONTRACTOR.
8. !-IOLD HARMLESS AND INSURANCE
CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) but only
to the extent caused by the services provided by CONTRACTOR occasioned by the
negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees,
or agents in performing the services.
The extlent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to
Agreement
1-26
September 2007
FIRE ALAHM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
comply with the requirements of this section shall be cause for immediate termination of
this agn:ement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE:
Where applicable, worker's compensation coverage to apply for all employees at a
minimum statutory limits as required by Florida Law, and Employee's Liability coverage
in the amount of $500,000 bodily injury by accident, $500,000 bodily injury by disease,
policy liimits, and $500,000 bodily injury by disease, each employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor
vehicle liability insurance, including applicable no-fault coverage, with limits of liability
of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability. If single limits are provided, the minimum
acceptable limits are $100,000 per person, $300,000 per occurrence, and $50,000
property damage. Coverage shall include all owned vehicles, all non-owned vehicles,
and all hired vehicles.
COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with
limits ofliability of not less than $1,000,000.00 per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided
to the COUNTY within fifteen (15) days of the award of Bid and certified copies
provided if requested. Each policy certificate shall be endorsed with a provision that not
less than thirty (30) calendar days' written notice shall be provided to the COUNTY
before any policy or coverage is canceled or restricted. The underwriter of such
insurance shall be qualified to do business in the State of Florida. Monroe County shall
be named as an additional insured on the Vehicle Liability and Commercial General
Liability insurance. If requested by the County Administrator, the insurance coverage
shall be primary insurance with respect to the COUNTY, its officials, employees, agents
and volunteers.
9. l~ON- WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the partICIpation of
COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability
insuram:e pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any Agreement entered into by the COUNTY be required to
contain any provision for waiver.
Agreement
1-27
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find CONTRACTOR or
any of his employees, subs, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
11. rWNDISCRlMINA TION
The parties agree that there will be no discrimination against any person, and it is
expressl y understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. The parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: I) Title VII of the
Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on
the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC SS 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC S 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC SS 6101-6107),
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, SS 523 and 527 (42 USC SS 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC SS 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC SS 1201), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) any other nondiscrimination provisions in any federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This paragraph shall be incorporated
by refen~nce into any assignment or subcontract and any assignee or sub shall comply
Agreement
1-28
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
with all of the provisions of this agreement. Unless expressly provided for therein, such
approval shall in no manner or event be deemed to impose any additional obligation upon
the board.
13. rOMPLIANCE WITH LAW AND LICENSE REOUlREMMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, rules and regulations
pertaining to, or regulating the provisions of, such services, including those now in effect
and hereinafter adopted. Compliance with all laws includes, but is not limited to, the
immigration laws of the Federal and State government. Any violation of said statutes,
ordinan<:es, rules and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this Agreement.
14. PISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principals and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract, as provided in
Sect. 112.311, et seq., Florida Statutes. COUNTY agrees that officers and employees of
the COUNTY recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's
agency; unauthorized compensation; misuse of public position, conflicting employment
or contractual relationship; and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall notify the COUNTY of any financial interest it may have in any
and all programs in Monroe County which the CONTRACTOR sponsors, endorses,
recommends, supervises, or requires for counseling, assistance, evaluation, or treatment.
This provision shall apply whether or not such program is required by statute, as a
condition of probation, or is provided on a voluntary basis.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for
it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working
solely ti)r it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
Agreement
1-29
September 2007
FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
15. rm PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedlness. CONTRACTOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this contract.
16. !~OTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, Fl. 33040
FOR CONTRACTOR:
Siemens Building Technologies Inc.
10111 Business Drive
Miramar, FL 33025
17. JAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from
paying sales tax to its suppliers for materials used to fulfill its obligations under this
contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption
Number in securing such materials. CONTRACTOR shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
18. JERMINA TION
A. The COUNTY may terminate this Agreement with or without cause prior to
the commencement of work.
B. The COUNTY may terminate this Agreement for cause with seven (7) days
notice to CONTRACTOR. Cause shall constitute a breach of the obligations
of either party to perform the obligations enumerated under this Agreement.
C. Either of the parties hereto may cancel this agreement without cause by giving
the other party sixty (60) days written notice of its intention to do so.
19. !:;OVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR
Agreement
1-30
September 2007
FIRE AlJl,RM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida.
20. ]\1EDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the t'~rms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County. This Agreement is not
subject 110 arbitration.
21. !mVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accompllishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
22. jUTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to
pay its own court costs, investigative, and out-of-pocket expenses whether it is the
prevailing party or not, through all levels of the court system.
23. ~WJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attemptf:d to be resolved by meet and confer sessions between representatives of each of
COUNTY and CONTRACTOR. If the issue or issues are still not resolved to the
satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek
such relief or remedy as may be provided by this Agreement or by Florida law.
Agreement
1-31
September 2007
FIRE AlJIHM SYSTEM. BUILDING AUTOMATION SYSTEM. AND SMOKE CONTROL SYSTEM
TESTING. CERTIFICATION AND MAINTENANCE
MONROE COUNTY. FLORIDA
24. !~OOPERA TION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONTRACTOR agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
25. JIUNDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
26. ,c\.UTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY
and corporate action, as required by law.
27. !~LAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
28. ]~RIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employ(:es of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extlmt to the performance of such functions and duties of such officers, agents,
volunte(:rs, or employees outside the territorial limits ofthe COUNTY.
29. 1~EGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the
Agreement
1-32
September 2007
FIRE AU\RM SYSTEM, BUilDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
delegation of the constitutional or statutory duties of the COUNTY, except to the extent
permitt,:d by the Florida constitution, state statute, and case law.
30. :~ON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
31. j\TTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
32. ]~O PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreem,mt of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
33. JEXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument.
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
35. J<ORCE MAJEURE
ContraC1:Or shall not be responsible for loss, delay, injury, damage or failure of
performance that may be caused by circumstances beyond its control. including but not
restricted to acts or omissions by County or its employees, agents or contractors, Acts of
God, war, civil commotion, acts or omissions of governrnent authorities, fire, theft,
Agreement
1-33
September 2007
FIRE AlJI.RM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM
TESTING, CERTIFICATION AND MAINTENANCE
MONROE COUNTY, FLORIDA
corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with
workers. riots, explosions, quarantine restrictions, delays in transportation, or shortage of
vehicles. fuel, labor or materials.
36. !::ONSEOUENTIAL DAMAGES AND LILMIT A nONS OF LIABILITY
Anything herein notwithstanding, in no event shall either County or Contractor be liable
to the other party for special, indirect, incidental or consequential damages, including
commercial loss, loss of use, or lost profits, even if either party has been advised of the
possibiliity of such damages and, in any event, Contractor's aggregate liability for any and
all claims, losses or expenses arising out of the Agreement, or out of any goods or
services furnished under the Agreement, whether based in contract, negligence, strict
liability" agency, warranty, trespass, indemnity or any other theory of liability shall be
limited to the lesser of $1 ,000,000 or the total compensation received by Contractor from
County under the Agreement.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed
this Agreement on the day and date first written above in four (4) counterparts, each of
which shall. without proof or accounting for the other counterparts, be deemed an
original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BY:.D:::>.J...&0.. 'Ovs6~
/
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OFM~Ar~
By:
Mayor Mario Di Gennaro
Date:
OC\-\OI-()I
Date:
OC\,- \<4-01
Witnesses for CONTRACTOR:
SIEMEN. SI(ILDING TECHNOLOGIES,
INC. II
BY:~ ( '--
Signa re of person authorized to
legally bind ~o~ration
Date. i 01
George T. Burck, Jr.
. Dir@Gter, ACGollBtmg
Pnnt Naf%vernance & Compliance
Noe G. Bermudez
~~ Assistant Secretary
Signature
f);j/! 1
Date
i2411'//1J )y/~
Signature
PAMELA MI
; }1#7 CONTRACT COORDiNATOR
Date
Address: 1000 Deerfield Parkway
Buffalo Grove, 1L 60089
Telephone Number (841) 215-1000
~
Dou
reemes~
S A. Doty
APPROVED BY LEGAL
i~IEMENS
Attachment 1
South Florida -LABOR and MATERIAL RATES
EFFEalVE January 1, 2007
~~cialiSt/TeChnician
$135.00/hr
HVAC Mechanic- Ph)efitter
or Electrical Installer
$98.00/hr
$160.00/hr
Proiect Manaqer
$160.00/hr
.'
:1fV,leage charge included for metropolitan areas. Mileage charges will be added beyond 60 miles,
,i-'''''~,)::
'1!::-
~l;OVERTIME RATES:
:lUvertime Rates are defined as follows:
JtMONDAY - FRIDAY (Outside of Normal Business Hours.)
. ~$.ATURDA Y'S
'.,::SUNDAY'S & HOLIDAY'S _
'?"-1II0RMAl BUSINESS HOURS 8:00 AM - 5:00 PM, MONDAY THRU FRIDAY
,.':~. A $1 OO.OO/day TRAVEL PER DIEM WilL BE ADDED TO OVER NIGHT STAY AS REQUIRED.
1.5 x APPROPRIATE RATE
1 .5 x APPROPRIATE RATE
2.0 x APPROPRIATE RATE
MINIMUM SERVICE TIME
HOUR MINIMUM CHARGE. dispatch or via Siemens On-Line Service
TECHNICAL SUPPORT PROGRAM CUSTOMERS(TSP):
. RECEIVE A 510% DISCOUNT FROM CURRENT PUBLISHED LIST PRICE ON BUILDING AUTOMATION COMPONENTS as publiShed
in the Powers Controls Pneumatic/Electronic & Apogee Automation PRICING GUIDE.
. RECEIVE "'rade Net" PRICING FROM SIEMENS FIRE SAFETY COMPONENTS as published in the FIRE SAFETY PRICE LIST.
. All OUTSIDE MATERIAL INCLUDING MATERIAL FROM OTHER SIEMENS DIVISIONS WILL BE SOLD PER THE OUTSIDE
PURCHASE MARK.UP SCHEDULE.
. RECEIVE A 210% DISCOUNT ON TECHNICAL LABOR (PROJECT MANAGER. APPLlC. ENGINEER. SPEClALlST/TECHNtClAN)
. RECEIVE A 10% DISCOUNT ON MECHANICAUELECTRICAL LABOR (HVAC MECHANIC. PIPEFITTER. ELECTRICAL INSTALLER)
Mark-Up for Outside Purchased Material
For use when calculaling pricing of non-standard products for Labor & Material and Non-Installed product lines,
SIEMENS COST MUL TJPUER
$ 0.01 thru $ 150.00 = X 2.00
$ 1151.00 thru $ 500.00 = X 1.75
$ SOl.00 thru $ 5,000.00 = X 1.65
$ 5,001.00 and up = X 1.55
Siemens Building Technologies, Illc
\0111 Business Drive
Miramar, FL 33025
(954) 364-6600