HomeMy WebLinkAboutItem C26
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 17.2010
Division:
Public Works
Bulk Item: Y es ~
No
Department: Correction Facilities
Staff Contact Person: Robert Stone / 289-6077
AGENDA ITEM WORDING: Approval of Consent to Assignment and Assignment and Assumption
Agreement of the contract with Siemens Building Technologies, 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 Sheriffs 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 BACKGROUND: III October 2009, Monroe County was advised that Siemen's Building
Technologies, Inc. and Siemens Energy & Automation had merged under the name of Siemens
Industry, Inc.
PREVIOUS RELEVANT BOCC ACTION: On September 19,2007, the BOCC approved award of
bid and execute a new contract with Siemens Building Technologies, Inc.; on June 16, 2008, the
BOCC approved an amendment increasing the amount for additional services and repairs from $25,000
to $45,000. On September 17, 2008, the BOCC approved the first option to renew the contract with
Siemens Building Technology, Inc. On September 16,2009, the BOCC approved the second renewal
option.
CONTRACT/AGREEMENT CHANGES: Contract assigned to and assumed by Siemens Industry,
Inc.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:$
nla INDIRECT COSTS
BUDGETED: Yes ~ No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same
SOURCE OF FUNDS: Fines and Forfeitures
010-20505-530460
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty!~/;, / ~Chasing _ Risk Management_
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
DATE:
January 25,2010
TO:
Dent Pierce, Division Director
Public Works
FROM:
Robert W. Stone, Director
Middle Keys Operations
RE:
Agenda Item - February 17, 2010 BOCC Meeting
Consent to Assignment and Assignment and Assumption
Agreement with Siemens Building Technologies, Inc.
Siemens Building Technologies, Inc. currently performs testing, certification, and maintenance of
the Monroe County Detention Center's fire alarm system, building automation system, and smoke
control system; the Sheriffs Administration Building's fire alarm system and building automation
system; the Juvenile Justice Center's fire alarm system and building automation system; the
Courthouse Annex's fire alarm system; and the Marathon Government Center's building
automation system.
In October 2009, Siemens notified Monroe County that it had merged with Siemens Energy &
Automation, Inc. under the corporate name of Siemens Industry, Inc.
Staff hereby recommends approval of this Consent to Assignment and Assignment and
Assumption Agreement with Siemens Building Technologies, Inc. to Siemens Industry, Inc.
RWS/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Siemens Industry, Inc. Contract # -
Effective Date:
Expiration Date:
Contract Purpose/Description:
Consent and Assignment and Assumption of Contract for the testing, certification, and
maintenance of the Detention Center's fire alarm system, building automation system
and smoke control system; the Juvenile Justice Center's fire alarm system and building
automation system; the Sheriff's Administration Building's fire alarm system and building
automation system, the Courthouse Annex fire alarm system; and Marathon Government
Center's building automation system.
Contract Manager: Jo B. Walters 4549 Facilities MaintlStop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on February 17,2010 Agenda Deadline: February 2,2010
CONTRACT COSTS
Total Dollar Value of Contract: $ nla
Budgeted? Yesl:8J No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ -0-
101-20505-530-340-_
-
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
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OMB Form Revised 2/27/01 MCP #2
CONSENT TO ASSIGNMENT
AND
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS CONSENT TO ASSIGNMENT AND ASSIGNMENT AND ASSUMPTION
AGREEMENT (hereafter "Consent Agreement") is entered into this _ day of December,
2009, by and between MONROE COUNTY, a political subdivision of the State of Florida
(hereafter "County"), SIEMEN'S BUILDING TECHNOLOGIES, INC. ("Assignor"), and
SIEMENS INDUSTRY, INC., a Delaware corporation ("Assignee").
WHEREAS, Siemens Energy & Automation, Inc. and Siemens Building Technologies,
Inc. have merged under the name of Siemens Industry, Inc., a corporation organized and
existing under the laws of the State of Delaware authorized to do business in the State of Florida;
and
WHEREAS, Assignor has entered into an Agreement, dated September 19, 2007, and all
amendments and renewals and/or extensions thereafter, with the Monroe County Board of
County Commissioners, for the testing, certification, and maintenance of the Monroe County
Detention Center's fire alarm system, building automation system, and smoke control system;
the Sheriffs Administration Building's fire alarm system and building automation system; the
Juvenile Justice Center's fire alarm system and building automation system; the Courthouse
Annex's fire alarm system; and the Marathon Government Center's building automation system.,
which agreement is incorporated herein by reference (hereafter the "Original Contract"); and
WHEREAS, Assignor desires to assign and transfer to Assignee all of its right, title and
interest in and to the Original Contract, subject to the terms, conditions, representations,
covenants and agreements set forth in this Consent Agreement; and
WHEREAS, Assignee desires to assume the responsibility and obligation for the
performance of all the services and other matters to be performed under the Original Contract
after the date hereof in accordance with the terms set forth herein; and
WHEREAS, the Monroe County Board of County Commissioners has no objection to the
assignment and assumption of the Original Contract;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
below, Assignor and Assignee agree as follows:
1. Assignment. Assignor hereby assigns, transfers and sets over to Assignee, its
successors and assigns, all of its right, title and interest in, to and under the Original Contract,
subject to the terms, covenants, agreements, representations and conditions thereof.
2. Acceptance. Assignee accepts the assignment of the Original Contract and agrees
to be bound by all commitments and obligations required to be performed or complied with and
assumes any liability directly caused by Assignor as a result of Assignor's defective performance
or non-compliance with such commitments and obligations, regardless of whether the work had
been required to be performed by Assignor prior to the assignment.
1
3. Counterparts. This Agreement may be executed in two counterparts, each of
which shall be deemed an original and which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed
and effective as of the date above written.
SIEMENS BUILDING TECHNOLOGIES, INC.
("ASSIGNOR")
Tax ID: 13-2762488
~~~~1~~\.
Title: 2.0 t.J~ ~-A-t0A~~
SIEMENS INDUSTRY, INC.
(" ASSI G NEE")
~~~lN~r)QJ~~~J{f- .
Title: '7-1) f'Ji:;. ~-ftf\JA~~
By:
Print Name:
Title:
Tax ID: 13-2762488
By:
Print Name:
Title:
CONSENT OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
TO ASSIGNMENT AND ASSUMPTION
The undersigned hereby consents to the foregoing Assignment and Assumption of the Original
Contract, by and between Assignor and Assignee.
Effective as of the _day of December, 2009.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor
[SEAL]
ATTEST: DANNY L. KOHLAGE, CLERK
Date:
By:
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