1st Amendment 05/16/2018J 4 GOURTB \l`
Kevin Madok CPA
(lw Clerk of the Circuit Court & Comptroller — Monroe County, Florida
�Il R OE C01N�
DATE: May 22, 2018
TO: Alice Steryou, Contract Monitor
Facilities
FROM: Sally M. Abrams, D.C.
SUBJECT: May 16 BOCC Meeting Approved Agenda Item
Attached is an electronic copy of the executed agenda item listed below for your handling.
C3 Board granted approval and authorized execution of a First Amendment to
Agreement for "Fire Alarm System, Building Automation System and Smoke Control
System Testing, Certification and Maintenance" for Corrections and Facilities with
Siemens Industry, Inc., retroactive to a commencement date of April 20, 2018, for a
one year renewal, a 2.1% CPI -U adjustment at a cost of $165,462.24, plus repairs not
to exceed $60,000.00, and updated other contract provisions pursuant to County
Ordinances and Florida Statutes.
Please contact me at extension 3550 with any questions.
cc: Facilities Supervisor
County Attorney
Finance
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305 - 852 -7145
PK/ROTH BUILDINC
50 High Point Road
Plantation Key, Florida
305 - 852 -7145
FIRST AMENDMENT TO 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
MONROE COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION
SYSTEM
ie may
This First Amendment to Agreement is made and entered into this I.Wh day of �rH
2018, between MONROE COUNTY, FLORIDA ( "COUNTY" or "OWNER "), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, and Siemens Industry, Inc. ( "CONTRACTOR ") a Delaware corporation, authorized to do
business in the State of Florida as a Foreign Profit Corporation, whose principal address is 100
Technology Drive, Alpharetta, Georgia 30005, and whose mailing address for the purposes of
this Agreement is 3021 N. Commerce Parkway, Miramar, Florida 33025, and whose mailing
address for payment is 1000 Deerfield Parkway, Buffalo Grove, Illinois 60089 -4513.
WHEREAS, the parties hereto did on April 20, 2016, enter into a testing, certifications
and maintenance agreement (hereinafter "Original Agreement "); and
WHEREAS, both parties find that it would be mutually beneficial to enter into this First
Amendment to extend the term of the Original Agreement for the first one (1) year renewal
period; and
WHEREAS, the Contractor is entitled to an annual CPI adjustment as allowed under the
Agreement; and
WHEREAS, the System at the Sheriff's Administration Building has been updated and
the contract needs to reflect that the EST system has been replaced with a Siemens system; and
WHEREAS, the County desires to revise the language on authorized expenses to reflect
current revisions pursuant to its ordinances; and
V
WHEREAS, County desires to revise language in its contracts and/or agreements for
Public Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to
legislative revisions to Sec. 119.0701, which became effective March 8, 2016, and any
subsequent changes thereto; and
WHEREAS, County desires to revise the non - discrimination language in its contracts
and/or agreement to update current revisions pursuant to its ordinances; and
WHEREAS, County desires to add required Federal Contract Provisions to its contracts
and /or agreement; and
WHEREAS, Contractor agrees and consents to such revisions in its Agreement to ensure
Public Records compliance, Non - Discrimination compliance, and compliance with Federal
Required Contract Provisions requirements; and
WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the
Public Records compliance, Non - Discrimination compliance, and Federal Required Contract
Provisions, and all other aforementioned revisions; and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below, the parties agree as follows:
1. In accordance with Paragraph 5, TERM OF AGREEMENT, the County exercises
the first of three (3) one -year options to renew the Original Agreement. The term of this First
Amendment will commence on April 20, 2018, and terminate April 19, 2019; and the amount
shall be adjusted in accordance annually 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 at December 31 of the previous year of 2.1 %.
2. Paragraph 3, SPECIFICATIONS - TESTING, CERTIFICATION, AND
MAINTENANCE, Subpart D, shall be revised only as follows, with all other provisions of
Subpart D remaining the same:
3. SPECIFICATIONS - TESTING, CERTIFICATION AND
MAINTENANCE
D. LOCATION: Sheriffs Administration Building
5525 College Road
Stock Island, Key West, FL 33040
SYSTEM: Fire Alarm System - Siemens
3. Paragraph 3, SPECIFICATIONS - TESTING, CERTIFICATION, AND
MAINTENANCE, Subpart S, HOURLY LABOR AND MARKUP RATE, shall be revised as
follows:
S. 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
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furnished. Expenses for travel, lodging, per diem, and other authorized expenses shall be paid
pursuant to Monroe County Code of Ordinances Sec. 2 -106 et seq. and Florida Statutes Sec.
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.
4. Paragraph 4, subparagraphs C and D, of the Original Agreement are, therefore,
amended to read as follows:
4. PAYMENTS TO CONTRACTOR
C. Expenses for travel, lodging, per diem, and other authorized. expenses shall be
paid pursuant to Monroe County Code of Ordinances Sec. 2 -106 et seq. and Florida Statute Sec.
112.061. All travel expenses shall be reported on a State of Florida Voucher for Reimbursement
of Travel Expenses, as adopted by Monroe County, attached hereto as Exhibit "A" and made a
part of this Agreement.
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 effective April 20, 2018,
is as follows:
Monroe County Detention Center
$79,093.81
per year
Sheriffs Administration Building
$21,740.15
per year
Key West Courthouse Annex
$ 6,794.76
per year
Monroe County Juvenile Justice Building
$34,512.86
per year
Monroe County Government Center
$14,814.71
per year
Crawl Key Medical Examiner's Office
$ 8,505.95
per year
TOTAL
$ 165,462.24
Annual
5. Paragraph 8, PUBLIC ACCESS, of the Original Agreement shall be revised as
follows:
8. PUBLIC RECORDS COMPLIANCE
Contractor must comply with Florida public records laws, including but not limited to
Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The
County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its possession or under
3
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract performance.
The County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this provision
shall be deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This provision
shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat. Section 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would be
required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with
the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
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If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119. 10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE# 305 - 292 -3470 BRADLEY- BRIAN(a,MONROECOUNTY- FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY
WEST, FL 33040.
6. Paragraph 12, NONDISCRIMINATION, of the Original Agreement is hereby
amended to include the following Federal Required Contract Provisions, if applicable:
12. NONDISCRIMINATION/EOUAL EMPLOYMENT OPPORTUNITY
A. CONTRACTOR and COUNTY agree 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 discrimination has occurred, this
Agreement automatically terminates without any further action of the part of
any party, effective the date of the court order. CONTRACTOR or COUNTY
agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. This include but are
not limited to: 1) Title VII 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
5
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 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 may be amended from time to time, relating
to nondiscrimination of the basis of disability; 10) Monroe County Code
Chapter 14, Article 1I, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; 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.
During the performance of this Agreement, the CONTRACTOR, in accordance with
Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965
Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R.
Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix Il, ¶ C, agrees as
follows:
1) The CONTRACTOR will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, sexual orientation,
gender identity, or national origin. The CONTRACTOR will take affirmative
action to ensure that applicants are employed, and that employees are treated
equally during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
2) The CONTRACTOR will, in all solicitations or advertisements for employees
placed by or on behalf of the CONTRACTOR, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, sexual orientation, gender identity, or national origin.
3) The CONTRACTOR will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
6
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee, who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions, discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the
CONTRACTOR'S legal duty to furnish information.
4) The CONTRACTOR will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract
or understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the CONTRACTOR'S
commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5) The CONTRACTOR will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
6) The CONTRACTOR will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
7) In the event of the CONTRACTOR'S non - compliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be canceled, terminated, or suspended
in whole or in part and the CONTRACTOR may be declared ineligible for
further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may
be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
7. Paragraph 19, TERMINATION, of the Original Agreement is hereby amended to
include the following Federal Required Contract Provisions, if applicable:
19. TERMINATION
9
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this Agreement after five (5)
days' written notification to the CONTRACTOR.
B. 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.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this Agreement for cause with CONTRACTOR should CONTRACTOR
fail to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the
breach is not cured, the Agreement will be terminated for cause. If the COUNTY
terminates this Agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and
seek an offset for damages caused by the breach. The maximum amount due to
CONTRACTOR shall not in any event exceed the spending cap in this Agreement.
In addition, the COUNTY reserves all rights available to recoup monies paid under
this Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the County's False Claims Ordinance, located
at Section 2 -721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the
COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement. In addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the right to
sue for breach of contract and including the right to pursue a claim for violation of the
County's False Claims Ordinance, located at Art. IX, Section 2 -721 et al. of the
Monroe County Code.
8. The Original Agreement is hereby amended to include the following identified as
Paragraph 40, FEDERAL CONTRACT REQUIREMENTS, to include the following Federal
Required Contract Provisions, if applicable:
40. FEDERAL CONTRACT REOUIREMENTS
8
The CONTRACTOR and its sub - contractors must follow the provisions as set forth in 2
C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not
limited to:
40.1 Clean Air Act and the Federal Water Pollution Control Act CONTRACTOR
agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251 -1387) and will report violations to FEMA and the Regional
Office of the Environmental Protection Agency (EPA).
40.2 Davis -Bacon Act, as amended (40 U.S.C. 3141- 3148) When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non -
Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 31413144 and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction "). In accordance with the statute, CONTRACTORS must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, CONTRACTORS must
be required to pay wages not less than once a week. If applicable, the COUNTY must
place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The COUNTY must report
all suspected or reported violations to the Federal awarding agency. When required by
Federal program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program (it does not apply to other FEMA grant and cooperative agreement
programs, including the Public Assistance Program), the CONTRACTORS must also
comply with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from
the United States "). As required by the Act, each CONTRACTOR or subrecipient is
prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he
or she is otherwise entitled. The COUNTY must report all suspected or reported
violations to the Federal awarding agency. The CONTRACTOR shall comply with 18
U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
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i) Subcontracts. The CONTRACTOR or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all of these
contract clauses.
ii) Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
40.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708) Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of $100,000 that involve the employment
of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each CONTRACTOR must compute the wages of every mechanic and laborer on the
basis of a standard work week of forty (40) hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one
and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of
intelligence.
40.4 Rights to Inventions Made Under a Contract or Agreement If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
40.5 Clean Air Act (42 U.S.C. 7401- 7671q.), Water Pollution Control Act (33 U.S.C.
1251 -1387) as amended Contracts and subgrants of amounts in excess of $150,000 must
comply with all applicable standards, orders, or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency (EPA).
10
40.6 Debarment and Suspension Executive Orders 12549 and 12689) A contract
award (see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
40.7 Byrd Anti - Lobbing Amendment (31 U.S.C. 1352) CONTRACTORS that apply
or bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non - Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal
award.
40.8 Compliance with Procurement of recovered materials as set forth in 2 CFR
200.322 CONTRACTOR must comply with section 6002 of the Solid Waste disposal
Act, as amendment by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designed in guidelines of the
Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value
of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines. (1) In the performance of this
contract, the CONTRACTOR shall make maximum use of products containing recovered
materials that are EPA - designated items unless the product cannot be acquired (i)
Competitively within a timeframe providing for compliance with the contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a
reasonable price. (2) Information about this requirement, along with the list of EPA -
designated items, is available at EPA's Comprehensive Procurement Guidelines web site,
https: / /www.epa.gov /smm/ comprehensive - procurement - guideline -cpg- program.
40.9 Americans with Disabilities Act of 1990, as amended (ADA) The
CONTRACTOR will comply with all the requirements as imposed by the ADA, the
regulations of the Federal government issued thereunder, and the assurance by the
CONTRACTOR pursuant thereto.
40.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
CONTRACTOR during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify
the employment eligibility of all new employees hired by the subcontractor during the
Contract term.
40.11 Fraud and False or Fraudulent or Related Acts The CONTRACTOR
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the CONTRACTOR'S actions pertaining to this contract.
40.12 Access to Records The following access to records requirements apply to this
contract:
(1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
CONTRACTOR which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The CONTRACTOR agrees to provide the FEMA Administrator or his
authorized representatives access to construction or other work sites pertaining to the
work being completed under the contract.
40.13 Federal Government not a party to contract CONTRACTOR acknowledges that
the Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non - Federal entity, contractor, or any other party pertaining to any
matter resulting from the contract.
40.14 Department of Homeland Security (DHS) Seal, Logo, and Flags The
CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre - approval.
40.15 Compliance with Federal Law, Regulations, and Executive Order This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only.
The CONTRACTOR will comply will all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
12
40.16 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy
of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take all
necessary and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts, including but not limited to 2 C.F.R. §200.321. The COUNTY and the
CONTRACTOR and subcontractors shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of contracts, entered pursuant to this
Agreement. CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.
a. If the CONTRACTOR, with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used whenever
possible
L Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses, and women's
business enterprises;
V. Using services and assistance, as appropriate, of such organizations
as the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
40.17 The CONTRACTOR is bound by the terms and conditions of the Federally -
Funded Subaward and Grant Agreement between County and the Florida Division of
Emergency Management (Division).
40.18 The CONTRACTOR shall hold the Division and County harmless against all claims
of whatever nature arising out of the CONTRACTOR'S performance of work under this
Agreement, to the extend allow and required by law.
13
9. In all other respects, the remaining terms of the Original Agreement dated April 20,
2016, not inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day
an d year first written above.
(SEAL)
Attest: KEVIN MADOK, CLERK
By:
Deputy tlerk
Date: Q S J (D - 1
Witnesses for CONTRACTOR:
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
2I4
•
Date: 05 .1 (0 (15
CONTRACTOR:
SIEMENS INDUSTRY, INC.
Signa a of person authorized to
legally bind Corporation
Date: Y - 30 -
,7 0 -'-c, /
RVO(4 `A I& d P—
Print Name and Title
Address:
4?f4 -3�g- 66
Telephone Number
MONROE COUNTY ATTORNEY'S OFFICE
P A 0 P RO� Tp FO, Rye
PATRICIA EABLES
ASSISTANT OUN ATT NEY
DATE: —
14
STATE OF FLORIDA TRAVELER AGENCY
VOUCHER FOR REIMBURSEMENT HEADQUARTERS
OF TRAVEL EXPENSE Check One OFFICER/EMPLOYEE NON- EMPLOYEEAND CONTRACTOR RESIDENCE CITY
Date
2018
Travel Performed
From Point of Origin
To Destination
Purpose or Reason
(Name of Conference)
Hour of
Departure
and Hour
of Return
Meals for
Class
A & B
Travel
Per Diem
or Actual
Lodging
Expenses
Class
C
Meals
Map
Mileage
Claimed
Vicinity
Mileage
Claimed
Other Expenses
Amount Type
M
M
M
M
M
M
M
M
M
M
M
M
M
M
Statement of Benefits to the Stale. (Conference or Convention)
Column
Total
Column
Total
Column
Total
Miles
Column
Total
SUMM
TOTAL
v, SO 53 per mile
S
5
Revolving Fund:
Check No.
Check Date
Agency Voucher No
Advance.
Warrant No
Warrant Date
Statewide Doc. No.
Agency Voucher No
LESS ADVANCE RECEIVED
S( )
LESS CLASS C MEALS (OfficerslEmployees Only)
S( )
NET AMOUNT DUE
hereby certify or stfirm that the above ernes actually Incurred by me es necessary travel eqenses rn the performance of my official duties attendance at a
— ference or convention was direcity related to official duties of the agency any meats or lodging iactuded in a conference or convention registration fee have been
deducted from this travel claim, and that this claim is true and correct in nvery meteriai maker and same cmfonns in every respect mih the requmreirnents of Section
112D61 Ftontra statutes
TRAVELER'S SIGNATURE.
DATE PREPARED: TITLE:
Pursuant to Section 112 061 3'(a) Florida Statutes, hereby certify of affirm that to Rte best of my
imowledge the above travel was on official business of the State of Flonda and was performed for the
purp—tsr stated above.
SUPERVISOR'S SIGNATURE.
SUPERVISOR'S TITLE.
DATE APPROVED:
FOR AGENCY USE.
E%HIBIT "A"
Travel Performed by Common Carrier or State Vehicle
This section required to be completed only when common carrier is billed directly to the state agency.
Date
Ticket Number or
State Vehicle Number
From To
Amount
Name of Common Carrier or
State Agency Owning Vehicle
GENERAL INSTRUCTIONS
Class A Travel— Continuous travel of 24 hours or more away from official headquarters. Breakfast when travel begins before 6 A.M. and extends beyond 8 A.M.
Class B travel— Continuous travel of less than 24 hours which involves overnight Lunch —whcn travel begins before 12 noon and extends beyond 2 P.M.
absence from official headquarters. Dinner—when travel begins before 6 P.M. and extends beyond 8 P.M. or
Class C travel— Travel for short or day trips where the traveler is not away from his when travel occurs during night -time hours due to special assignment.
official headquarters overnight.
NOTE: No allowance shall be made for meals when travel is confined to the city or town of official headquarters or immediate vicinity except assignments of official
business outside the traveler's regular place of employment if travel expenses are approved and such special approval is noted on the travel voucher. Rates of Per Diem
and Meals shall be those prescribed by Section 1 12.061, Florida Statutes.
Per Diem shall be computed at one- fourth of authorized rate for each quarter of fraction thereof. Travel over a period of 24 hours or more will be calculated on the basis of 6 -hour
cycles, beginning at midnight: less than 24 -hour travel will be calculated on the basis of 6 -hour cycles, beginning at the hour of departure from official headquarters. Hour of departure and
hour of return should be shown for all travel. When claiming per diem, the meal allowance columns should not be used.
Claims for actual lodging at the single occupancy rate plus meal allowances should include the commercial lodging expenses in the "Per Diem or Actual Lodging Expenses"
column and include the appropriate meal allowances in the "Meals for Class A & B Travel" column.
Claims for meal allowances involving travel that did not require the traveler to be away from his headquarters overnight should be included in the "Class C Meals" column.
Vicinity travel must appear in the separate column. When travel is by common carrier and billed directly to the traveler, the amount and description should be included in the
"Other Expenses" column. A copy of the ticket or invoice should be attached to this form. If travel is by common carrier and billed directly to the State agency, then the "Travel Performed
by Common Carrier or State Vehicle" section above should be completed. The name of the common carrier should he inserted in the "Map Mileage Claimed " column in these instances.
Justification must be provided for use of a non - contract airline (or one offering equal or lesser rates than the contract airline) or rental car (or one having lower net rates) when contract
carriers arc available. Additionally, justification must be provided for use of a rental car larger titan a Class "B" car.
If travel is performed by the use of a State -owned vehicle, the word "State" should be inserted in the "Map Mileage Claimed" column on the reverse side of this form, and file
above section designated as "Travel Performed by Common Carrier or State Vehicle" should be completed.
Incidental travel expenses which may be reimbursed include: (a) reasonable taxi fare, (b) ferry fares and bridge, road, and tunnel tolls, (c) storage and parking fees, (d) telephone
and telegraph expenses, and (e) convention or conference registration fee. If meals are included in the registration fee, per diem should be reduced accordingly. Receipts should be
obtained when possible.
The official Department of Transportation map should he used in computing mileage claimed from point of origin to destination whenever possible.
If travel is complimentary, the abbreviation "Comp." Should be inserted in the "Map Mileage Claimed" column. No mileage is allowed.
When any State employee is stationed in any city or town for a period of over 30 consecutive work days, such city or town shall be deemed to be his official headquarters and he
shall not be allowed per diem or subsistence after the period of 30 consecutive days has elapsed, unless extended by the approval of the agency head.
if travel is to a conference or convention, the "Statement of Benefits to the State" section must be completed or a copy of the Authorization to incur Travel Expense, Form DBF-
AA-13, must be attached. Additionally, a copy of the agenda and registration receipt must be attached.
Any fraudulent claim for mileage, per diem, or other travel expense is subject to prosecution as a misdemeanor.
GERALD LEWIS
Comptroller