10/19/2011 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: October 31, 2011
TO: Dent Pierce, Director
Public Works Division •
ATTN: Beth Leto, Assistant Director p
Public Works Division
FROM: Isabel C. DeSantis, D.C.
At the October 19, 2011, Board of County Commissioner's meeting, the Board granted
approval of the following:
Item C28 Board granted approval to exercise the first option to renew the Contract with
Culver's Cleaning Company for Janitorial Services at Veteran's Memorial Park Restrooms, Little
Duck Key, Monroe County.
Item C29 Contract with Carrier Commercial Services as sole source provider for a service
agreement to include preventative maintenance for the two Carrier chiller units and equipment at
the Gato Building in Key West.
Item C30 Lease Agreement, effective October 19, 2011 to October 18, 2036, with the
Florida Keys Children's Shelter, Inc. a Florida Item not - for - profit corporation, to provide
facilities and services to abused youth and families in the community.
Item C31 Award of Bid / Contract with Siemens Industry, Inc. for the testing, certification,
and maintenance of the Monroe County Detention Center's fire alarm system, building
automation system, and smoke control system; the Sheriff's Administration Building's fire alarm
system and building automation system; the Juvenile Justice Center's fire alarm system and
building automation system; and the Courthouse Annex's fire alarm system.
Item C32 Interlocal Agreement with the City of Marathon for utilization of the County
meeting roorn in Marathon for 24 City Council meetings.
Attached are dupilcate original of the subject items for your handling. Should you have
any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File
AGREEMENT FOR
TESTING, CERTIFICATION, AND MAINTENANCE
MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM, APOGEE
BUILDING AUTOMATION SYSTEM (HVAC), AND SMOKE CONTROL SYSTEM
SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING
AUTOMATION SYSTEM (HVAC)
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 �day of October, 2011, 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 INDUSTRY, INC.
( "CONTRACTOR "), a foreign corporation, whose address is 1000 Deerfield Parkway, Buffalo
Grove, IL 60089.
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 agreed
as follows:
1. THE AGREEMENT
The Agreement consists of this document, the bid documents, exhibits, and any addenda only.
2. SCOPE OF THE WORK:
SPECIFICATIONS FOR TESTING, CERTIFICATION, AND MAINTENANCE FOR
VARIOUS PUBLIC FACILITIES LOCATIONS AS FOLLOWS:
BUILDING AUTOMATION SYSTEM DEVICES. IN CURRENT NUMBERS
Agreement 1 August 2011
BUILDING
TYPE
DESCRIPTION
QUANTITY
# UNITS
MONROE COUNTY
DETENTION CENTER
A
VARIABLE AIR VOLUME (VAV)
WITHOUT HEAT
26
MONROE COUNTY
DETENTION CENTER
B
VAV WITH ELECTRIC HEAT
5
MONROE COUNTY
DETENTION CENTER
C
VAV WITH FAN & ELECTRIC
HEAT
9
MONROE COUNTY
DETENTION CENTER
D
CONSTANT VOLUME WITH
ELECTRIC HEAT
14
MONROE COUNTY
DETENTION CENTER
E
FAN COIL UNITS
29
SHERIFF'S ADMINISTRATION
BUILDING
A
VAV WITHOUT HEAT
27
MONROE COUNTY JUVENILE
JUSTICE BUILDING
C
VAV WITH FAN & ELECTRIC
HEAT
31
MONROE COUNTY
GOVERNMENT CENTER
C
VAV WITH FAN & ELECTRIC
HEAT
22
FIRE SYSTEM DEVICES PER BUILDING, IN CURRENT NUMBERS:
MONROE COUNTY DETENTION CENTER —EST SYSTEM
Smoke Detectors
297
Heat Detectors
38
Duct Detectors (Smoke & Heat)
212
Manual Pull Stations
29
Tamper Switches
29
Flow Switches
13
MONROE COUNTY SHERIFF'S ADMINISTRATION 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
Agreement 2 August 2011
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
MONROE COUNTY JUVENILE JUSTICE BUILDING —EST SYSTEM
Photo Smoke Duct Detectors
12
Ion Smoke Detectors
1
Photo Smoke Detectors
96
Heat Detectors
17
Water FIow Switches
4
Pull Stations
15
3. SPECIFICATIONS — TESTING, CERTFICATION. AND MAINTENANCE
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
comply with the authority having jurisdiction for the certification, maintenance, and testing of the
Monroe County Detention Center's Fire Alarm System, including but not limited to the following:
1) 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 of NFPA 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 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. The Contractor shall maintain and test the
"FIREWORKS" fire control system and provide and install the latest software upgrades as they
become available.
Agreement 3 August 2011
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.
6) FIRE DOOR EGRESS SYSTEM (FEAR):
The Contractor shall conduct tests as recommended by NFPA 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 (HVAC)
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:
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.
Agreement 4 August 2011
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 (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 proper operation of all VAVs 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.
f) SOFTWARE UP- GRADES:
The Contractor shall install the latest up- grades to existing system as
they become available.
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) 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 (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 VAVs, 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.
Agreement 5 August 2011
e) INSPECTION
Verify proper operation of all VAVs and fan coil units.
6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION
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
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:
1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS:
a) Smoke Control System 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 System 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.
Agreement 6 August 2011
• 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 HVAC 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.
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.
smoke control system.
• Verify operation. Record and document any problems. Reset
f) 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 of FSCS under emergency power.
2) 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
Agreement 7 August 2011
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.
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:
1) 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 of NFPA 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 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 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.
E. LOCATION: Sheriffs Administration Building
5525 College Road
Stock Island, Key West, FL 33040
SYSTEM: Building Automation System (HVAC)
The Contractor shall furnish all labor, material, equipment and documentation to
comply with accepted service requirements for the certification, maintenance, and testing of the
Agreement 8 August 2011
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 EVALUATION 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 VAVs 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.
f) SOFTWARE UPGRADES:
The Contractor shall install the latest software upgrades to the existing
system as they become available.
4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE
a) DIAGNOSTIC SERVICES
Agreement 9 August 2011
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 VAVs, 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 - REVIEW AND EVALUATION
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: Monroe County Courthouse Annex
502 Whitehead Street
Key West, FL 33040
SYSTEM: Fire Alarm System - EST
Agreement 10 August 2011
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 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 of NFPA 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 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 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.
G. LOCATION: Monroe County Juvenile Justice Building
5503 College Road
Stock Island, Key West, Florida 33040
SYSTEM: Fire Alarm System
The Contractor shall furnish all labor, equipment and documentation to comply with
the authority having jurisdiction for the certification, 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 of NFPA 72H, Testing Frequencies.
3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS:
Agreement 11 August 2011
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 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.
H. LOCATION: Monroe County Juvenile Justice Building
5503 College Road
Stock Island, Key West, Fl. 33040
SYSTEM: Building Automation System (HVAC)
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:
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.
Agreement 12 August 2011
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 (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 VAVs 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.
f) SOFTWARE UPGRADES:
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 (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 VAVs, 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 - REVIEW AND EVALUATION
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.
Agreement 13 August 2011
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.
I. LOCATION: Monroe County Government Center
2978 Overseas Highway
Marathon, Florida 33050
SYSTEM: Building Automation System (HVAC)
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 (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:
Agreement 14 August 2011
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 (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 VAVs 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.
f) SOFTWARE UPGRADES:
The Contractor shall install the latest software upgrades to the existing
system as they become available.
4) PNEUMATIC AND /OR 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 VAVs, 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 - REVIEW AND EVALUATION:
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:
Agreement 15 August 2011
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.
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. DOCUMENTATION 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 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
Agreement 16 August 2011
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 NFPA 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 any
other party to act, so as to interfere with the effectiveness of such warranties.
Q. FINES AND PENALTIES
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.
Agreement 17 August 2011
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 Florida Statutes §112.061. 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 #6606.2 and the Contractor 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 Sheriff s 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.
4. 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.
Agreement 18 August 2011
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 1 St 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
Sheriff's Administration Building
Key West Courthouse Annex
Monroe County Juvenile Justice Building
Monroe County Government Center
$71,817.00 per year
$19,740.00 per year
$ 6,169.00 per year
$31,338.00 per year
$13,453.00 per year
E. COUNTY shall compensate the CONTRACTOR for Additional Services performed
under this Agreement, as follows:
i. The actual cost of parts and materials, excluding freight and taxes which are
reimbursed as charged with no markup, purchased from a manufacturer plus see Attachment 1 for
percentage 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.
ii. Contractor's labor and equipment costs for additional services performed under
this agreement 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 for hourly rates
2. Labor — overtime rate, other than the normal working hours, including
weekends and holidays see Attachment 1 for overtime hourly rates
Ili. Total Compensation to CONTRACTOR for additional services under this
Agreement shall not exceed SIXTY THOUSAND AND NO /100 DOLLARS ($60,000.00) unless
pre- approved emergency work requiring additional funds is implemented.
5. TERM OF AGREEMENT
This Agreement shall commence on October 1, 2011, and ends upon September 30, 2012,
unless terminated earlier under paragraph 19 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.
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 31 of the previous year.
Agreement 19 August 2011
6. ACCEPTANCE 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.
7. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
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.
8. PUBLIC 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.
9. HOLD HARMLESS AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected
and appointed officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine, penalty or business interruption,
and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by,
any indemnified party only to the extent caused directly by, (A) any activity of CONTRACTOR or
any of its employees, agents, sub - contractors or other invitees during the term of this AGREEMENT,
(B) the direct negligence or willful misconduct of CONTRACTOR or any of its employees, agents,
sub - contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations
that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions,
causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term
of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or
any earlier termination of this AGREEMENT.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with
the requirements of this section shall be cause for immediate termination of this agreement.
Agreement 20 August 2011
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 LIABILTTY 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 limits, 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 of
liability 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 at the time of execution of this Agreement 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.
If requested by the County Administrator, the insurance coverage shall be primary insurance with
respect to the COUNTY, its officials, employees, agents and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
10. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, 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 insurance 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.
11. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor 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, subcontractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
12. NONDISCRIMINATION
CONTRACTOR agrees that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
Agreement 21 August 2011
discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which
prohibits discrimination on the basis of race, color or 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 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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 s. 1201 Note), as maybe amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or
the subject matter of, this Agreement..
13. 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 reference into any assignment or
subcontract and any assignee or subcontractor shall comply 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.
14. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS
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, ordinances, 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.
15. DISCLOSURE 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
Agreement 22 August 2011
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.
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 for 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.
16. NO 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 indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this contract.
17. NOTICE 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
and
FOR CONTRACTOR
Siemens Industry Inc.
ATTN: Joe Summerlin, Account Executive
3021 N. Commerce Parkway
Miramar, FL 33025
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041 -1026
18. TAXES
Siemens Industry, Inc.
1000 Deerfield Parkway
Buffalo Grove, IL 60089
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.
Agreement 23 August 2011
19. TERMINATION
A. The COUNTY may terminate this Agreement with or without cause prior to the
commencement of work.
B. The COUNTY or CONTRACTOR 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.
20. GOVERNING 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 agree that venue will lie in the appropriate court
or before the appropriate administrative body in Monroe County, Florida.
21. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of
the terms 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.
22. SEVERABILITY
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 accomplishment 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.
23. ATTORNEY'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.
Agreement 24 August 2011
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of COUNTY and
CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer
session, the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. 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.
25. COOPERATION
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.
26. BINDING 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.
27. AUTHORITY
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.
28. CLAIMS 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.
29. PRIVILEGES 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 employees 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 extent to the performance of such functions and duties
of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY.
Agreement 25 August 2011
30. LEGAL 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 delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law.
31. NON - 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.
32. ATTESTATIONS
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.
33. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement 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.
34. EXECUTION 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.
35. 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.
36. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair of
Agreement 26 August 2011
a public building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list."
37. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship
38. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this contract
agreement.
39. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the Board of County Commissioners. In the event that the County funds on
which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has
no further obligation under the terms of this Agreement to the Contractor beyond that already
incurred by the termination date.
40. FORCE MAJEURE
Contractor 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 government authorities, fire, theft, 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. In the event of any such delay or
failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable
recovery period.
41. CONSEQUENTIAL DAMAGES AND LIMITATION 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 possibility 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, indemnify 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.
Agreement 27 August 2011
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:
a
Deputy Ci uk
BOARD OF COMMISSIONERS
OF MON 'QIDA
By:
ayor
Date: I (-- — 1 9 - it
WITNESSES for CONTRACTOR:
Signature �
Date ,
Signature JJ
Date
Date: o _ t ) - it
SIEMFNS INDUST Y, INC.
Y 01 0
Signtatt re of perso t4uthorized to
legally bind C rpor tion
Date :: C t I
(lam (`� 6'A L{ �'� I h I
Print Name
Address: QOM
ro, t a.A LA V . Fl-
Telephone Number: 45 44 - 'SG 4 4 -6600
DigiWy signed by
YuiB Regina
DN:
wrialNumber=Z0020
bVpwd M l-W :YM,
givenName= Regina,
yt=VwkN Siemen%
cn =Yui6 Regina
Date: 20 1.09.16
08:01:29 -05'00'
G
a
'91 P1 t
Agreement 28 August 2011
N
�
i
CJ
F- -
Date: o _ t ) - it
SIEMFNS INDUST Y, INC.
Y 01 0
Signtatt re of perso t4uthorized to
legally bind C rpor tion
Date :: C t I
(lam (`� 6'A L{ �'� I h I
Print Name
Address: QOM
ro, t a.A LA V . Fl-
Telephone Number: 45 44 - 'SG 4 4 -6600
DigiWy signed by
YuiB Regina
DN:
wrialNumber=Z0020
bVpwd M l-W :YM,
givenName= Regina,
yt=VwkN Siemen%
cn =Yui6 Regina
Date: 20 1.09.16
08:01:29 -05'00'
G
a
'91 P1 t
Agreement 28 August 2011
Attachment 1
SIEMENS
South Florida - LABOR and MATERIAL RATES
EFFECTIVE January 1, 2010
*NORMAL BUSINESS HOURS 8:00 AM - 5:00 PM, MONDAY THRU FRIDAY
MINIMUM SERVICE TIME
4 HOUR MINIMUM CHARGE, dispatch or via Siemens On -Line Service
Advantage age Service C,pntract Customers:
• RECEIVE A 50% DISCOUNT FROM CURRENT PUBLISHED LIST PRICE ON BUILDING AUTOMATION COMPONENTS as published
in the Powers Controls PneumatidElectronic & Apogee Automation PRICING GUIDE.
• RECEIVE 'Trade NeY 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 20% DISCOUNT ON TECHNICAL LABOR (PROJECT MANAGER. APPLIC. ENGINEER, SPECIALISTITEEHNICIAN)
• RECEIVE A 20% DISCOUNT ON MECHANICALIELECrRICAL LABOR (HVAC MECHANIC. PIPEFITTER, ELECTRICAL INSTALLER)
• 2 HOUR MINIMUM CHARGE, dispatch or via Siemens On-line Service
Mark -Up for Outside Purchased Material
For use when calculating pricing of non - standard products for Labor & Material and Nan - Installed product lines.
SIEMENS COST MULTIPLIER
$ 0.01
HVAC Mechanic- Pigefitter
Specialist/Technician
or Electrical Installer
$ 150-01
Building Automation $145.00 /hr
Mechanic
$122.50/hr
Fire Life Safety $135.00/hr
Electrical Installer
$122.501hr
Security $135.00/hr
$ 5,000.01
and up =
Application
1.55
Engineering $175.001hr
Proiect Manager
$175.001hr
OVERTIME: RATES:
Overtime Rates are defined as follows:
MONDAY - FRIDAY (Outside of Normal Business
Hours') =
1.5 x APPROPRIATE RATE
SATURDAYS
1.5 x APPROPRIATE RATE
SUNDAY'S & HOLIDAYS
2.0 x APPROPRIATE RATE
*NORMAL BUSINESS HOURS 8:00 AM - 5:00 PM, MONDAY THRU FRIDAY
MINIMUM SERVICE TIME
4 HOUR MINIMUM CHARGE, dispatch or via Siemens On -Line Service
Advantage age Service C,pntract Customers:
• RECEIVE A 50% DISCOUNT FROM CURRENT PUBLISHED LIST PRICE ON BUILDING AUTOMATION COMPONENTS as published
in the Powers Controls PneumatidElectronic & Apogee Automation PRICING GUIDE.
• RECEIVE 'Trade NeY 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 20% DISCOUNT ON TECHNICAL LABOR (PROJECT MANAGER. APPLIC. ENGINEER, SPECIALISTITEEHNICIAN)
• RECEIVE A 20% DISCOUNT ON MECHANICALIELECrRICAL LABOR (HVAC MECHANIC. PIPEFITTER, ELECTRICAL INSTALLER)
• 2 HOUR MINIMUM CHARGE, dispatch or via Siemens On-line Service
Mark -Up for Outside Purchased Material
For use when calculating pricing of non - standard products for Labor & Material and Nan - Installed product lines.
SIEMENS COST MULTIPLIER
$ 0.01
thru $ 150.00 -
X
2.00
$ 150-01
thru $ 500 -00 =
X
1.75
500.01
thru $ 5,000.00 =
X
1.65
$ 5,000.01
and up =
X
1.55
Siemens Building Technologies, Inc
3021 N Commerce Pkwy 2969 SW 42n Avenue
Miramar, FL 33025 Palm City, FL 34990
(954)'364-6600 (772) 419 -2800