Item C03County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: C.3
Agenda Item Summary #4090
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549
None
AGENDA ITEM WORDING: Approval 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, and updated other contract provisions pursuant
to County Ordinances and Florida Statutes.
ITEM BACKGROUND: This requests approval of the first of three (3) optional one (1) year
renewals with a retroactive commencement date of April 20, 2018, a CPI -U adjustment of 2.1% at a
cost of $165,462.24, plus repairs not to exceed $60,000 per contract year. The amendment also
reflects a system change at one location, updates the public records language, non - discrimination
clause, travel expenses language, and adds required federal contract provisions.
PREVIOUS RELEVANT BOCC ACTION:
October 1, 2015 BOCC approved a month -to -month renewal agreement with Siemens
Industry, Inc. pending the award of a new contract.
October 1, 2015 Siemens was the sole respondent to a Bid Request for new services. Their
submission included terms that were outside the scope of the Bid Request.
December 9, 2015 BOCC approved for negotiations to take place with Siemens until a
satisfactory contract was achieved and then for it to be placed for approval
by the BOCC.
April 20, 2016 BOCC approved a two (2) year agreement with three (3) optional one (1)
year renewals with Siemens.
CONTRACT /AGREEMENT CHANGES:
One (1) year renewal agreement commencing April 20, 2018, with CPI -U adjustment of 2.1%;
updated public records & nondiscrimination clauses, & travel expenses language; added Federal
required contract provisions.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Siemens First Amendment with Exhibit
Final Negotiated Bid Agreement Siemens (4- 20 -16)
FINANCIAL IMPACT:
Effective Date: 04/20/2018
Expiration Date: 04/19/2019
Total Dollar Value of Contract: $165,462.24/year + repairs
Total Cost to County: $165,462.24/year + repairs
Current Year Portion: $82,731.12 + repairs
Budgeted: Yes
Source of Funds: Fines and Forfeitures
CPI: Yes
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant: No
County Match:
Insurance Required: Yes
Additional Details:
If yes, amount:
04/20/16 101 -20505
-CORRECTION FACILITIES
$135,346.82
04/20/16 101 -20505
-CORRECTION FACILITIES
$45,000.00
repairs NTE
Completed
05/02/2018 7:15 AM
04/20/16 001 -20501
FACILITIES MAINTENANCE
$30,115.42
04/20/16 001 -20501
FACILITIES MAINTENANCE
$15,000.00
repairs NTE
Completed
05/02/2018 9:15 AM
Total:
Completed
$225,462.24
REVIEWED BY:
Patricia Eables
Completed
05/01/2018 12:53 PM
William DeSantis
Completed
05/02/2018 7:15 AM
Kevin Wilson
Completed
05/02/2018 8:04 AM
Chrissy Collins
Completed
05/02/2018 9:10 AM
Budget and Finance
Completed
05/02/2018 9:15 AM
Maria Slavik
Completed
05/02/2018 9:39 AM
Kathy Peters
Completed
05/02/2018 9:49 AM
Board of County Commissioners
Pending
05/16/2018 9:00 AM
1
BUILDING ■ AUTOMATION ,
SYSTEM
VHERIFFIS ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING
AUfOMATION
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MONROE COUNTY JUVENILE JUSTICE BUILDING: • . 1`
BUILDING
COUNTY MONROE BUILDING
AUTOMATION
MONROE COUNTY MEDICAL / BUILDING
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This First Amendment to Agreement is made and entered into this 19th day of April
2018, between MONROE COUNTY, FLORIDA ( "COUNTY" or "OWNER "), a political
subdivision of the State of Florida, whose address is l 100 Simonton Street, Key West, Florida
33040, and Siemens Industry, Inc. ( "CONTRACTOR ") a Delaware corporation, authorized to do
busincss 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
WHERE AS, 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
110
set forth below, the parties agree as follows:
D. LOCATION: Sheriff's Administration Buildi
5525 College Road
Stock Island, Key West, FL 33041
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:
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
2
4. Paragraph 4, subparagraphs C and D, of the Original Agreement are, thereffirl
T,mended to read as follows:
C. Expenses for travel, lodging, per diem, and other authorized, expenses shall b i i
3aid Fursuant to Monroe CounL-,- Code of Ordinances Sec. 2-106 et
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.
Monroe County Detention Center
$79,093.81
per year
Sheriffs Administration Building
$21,740.15
per year
They 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;
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Contractor must comply with Florida public records laws, including but not limited to
Chapter H 9, 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
Z61
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 cus4£«:£ <« »w 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 hems provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt .cord «c and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
-furation of the contract term and following completion of the contract if the contractor
lots transfer the records to the County.
(5) A request to inspect or copy public records relating to a County contract must bs
made directly to the County, but if the County does not possess the requested records, ths.
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.
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employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee, who has access to ths
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
- #:r charge, in furtherance of an investigation, proceeding, hearing, or action,
7. Paragraph 19, TERMINATION, of the Original Agreement is hereby amended
include the following Federal Required Contract Provisions, if applicable: i
7
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
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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
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commitments under section 202 or Executive Order 11246 of September 24,
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1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
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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
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Executive Order 11246 of September 24, 1965, and by the rules, regulations,
and orders of the Secretary or Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting agency and the
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Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
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7)
In the event of the CONTRACTOR'S non-compliance with the
nondiscrimination clauses of this contract or with any of such rules,
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regulations, or orders, this contract may be canceled, terminated, or suspended
in whole or in part and the CONTRACTOR may be declared ineligible for
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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
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September 24, 1965, or by rule, regulation, or order ofthe Secretary of Labor,
or as otherwise provided by law.
7. Paragraph 19, TERMINATION, of the Original Agreement is hereby amended
include the following Federal Required Contract Provisions, if applicable: i
7
A. In the event that the CONTRAcTOR shall be found to be negligent in any aspect of
8. The Original Agreement is hereby amended to include the following idented
I
Paragraph I CONTRACT REQUIREMENTS, to ow
include the folling Fede
Required Contract Provisions, if applicable:
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8. The Original Agreement is hereby amended to include the following idented
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Paragraph I CONTRACT REQUIREMENTS, to ow
include the folling Fede
Required Contract Provisions, if applicable:
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The CONTRACTOR and its sub-contractors must follow the provisions as set forth in I
C.F.R. §200.326 Contract provisions and Appendix 11 to Part 200, as amended, including but ni
ii 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 VEMA and the Regional
I III 111 11111111111 �
prohibited from inducing, by any means, any person employed in the construction,
com or re%air of - cublic work to give uXmAcart of the comyensation to which hik
,vr she is otherwise entitled. The COUNTY must report all suspected or reported
violations to the Federal awarding agency. The CONTRACTOR shall comply with I II
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which arc incorporated by reference into this contract.
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COMPIV with all annlicable orders, or regulations issued numua-rt to t�e
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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.
40.11 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.
40.13 Federal Government not a party to contract. CONTRACTOR acknowledges that
or liabilities to the non-Federal entity, contractor, or any other party pertaining to any
matter resulting from the contract.
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The CONTRACTOR will com will all ayalicable federal law. regulations, executivr.
orders, FEMA policies, procedures, and directives.
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40.17 The CONTRACTOR is bound by the terms and conditions of the Federall
Funded Subaward and Grant Agreement between County and the Florida Division
Emergency Management (Division). I
40.18 The CONTRACTOR shall hold the Division and County harmless against all claims
*f whatever nature arising out of the CONTRACTOR'S performance of work under thiF,
Agreement, to the extend allow and required by law.
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9. In all other respects, the remaining terms of the Original Agreement dated April 211
2016, not inconsistent herewith, shall remain in full force and effect.
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(S F, A L)
Attest: KEVIN MAD, CLERK
By:
Deputy Clerk
Date:
EEME
Dam
Date:
Address:
3 - 6(;q ' 0
Telephone Number
MONROE COUNTY ATTORNEY'S OFFICE
A,'PI30I A S TO FQRM
PATRICIA EABLES
ASSISTA 77COUNTY VORNEY
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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
This (2) two year Agreement is made and entered into this 20th day of April, 2016,
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, whose address is 3333 Old
Milton Parkway, Alpharetta, Georgia 30005.
WHEREAS, COUNTY desires to have testing, certification, and maintenance services
for certain systems at various public facilities, and
WHEREAS, CONTRACTOR desires and is able to provide testing, certification, and
maintenance services at these public facilities; and
WHEREAS, it serves an important and legitimate public purpose for CONTRACTOR to
provide testing, certification, and maintenance services at these various public facilities, and
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the parties have entered into this Agreement on the terms and conditions
set forth below.
1. THE AGREEMENT
This (2) two year Agreement also includes and consists of this contract document, the bid
and proposal documents, exhibits, addenda, and specifications, requirements, conditions, and
instructions contained with or in the bid documents.
2. SCOPE OF THE WORK
A. BUILDING AUTOMATION SYSTEM DEVICES (APPROXIMATE)
BUILDING SYSTEM DESCRIPTION QUANTITY
# UNITS
MONROE COUNTY Apogee _ VARIABLE AIR VOLUME 26
DETENTION CENTER (VAV) WITHOUT HEAT
MONROE COUNTY
Apogee
VAV WITH ELECTRIC
5
DETENTION CENTER
HEAT
MONROE COUNTY
Apogee
VAV WITH FAN &
9
DETENTION CENTER
Summit
ELECTRIC HEAT
7
MONROE COUNTY
Apogee
CONSTANT VOLUME
14
DETENTION CENTER
WITH ELECTRIC HEAT
4
MONROE COUNTY
Apogee
FAN COIL UNITS
29
DETENTION CENTER
AIR HANDLING UNITS
11
BUILDING ADMINISTRATION I Apogee � AIR HANDLING UNITS I 1
MONROE COUNTY JUVENILE Apogee VAV WITH FAN & 3l
JUSTICE BUILDING ELECTRIC HEAT
AIR HANDLING UNITS 4
MONROE COUNTY
Apogee
VAV WITH FAN &
22
GOVERNMENT CENTER
ELECTRIC HEAT
AIR HANDLING UNITS
3
MONROE COUNTY MEDICAL
Summit
a VAV WITH FAN &
7
EXAMINER'S OFFICE
ELECTRIC HEAT
,_A H ANDLING U -
4
B. FIRE SYSTEM DEVICES PER BUILDING (APPROXIMATE
MONROE COUNTY DETENTION CENTER --- Siemens FireFinder XLS
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
2
r-a -Agrea nt t6
I A 7-2
Duct Detectors (Smoke)
3
Manual Pull Switches
6
Tamper Switches
5
Flow Switches
5
MONROE COUNTY COURTHOUSE ANNE —EST SYSTEM
4
IRC -3 Panel
1
Pull Stations
18
Ion Detectors
75
Photo Detectors
5
Duct Detector Modules
7
Thermal Detectors
8
Water Flow Modules
4
Supervisory Valve Modules
9
Control Modules (AHU Shutdown, Elevator Recall)
10
Main Controller
1
Remote Zone Module
1
Zone Addressable System Card
2
MONROE COUNTY JUVENILE JUSTICE BUILDING - -EST SYS'T'EM
Photo Smoke Duct Detectors
12
Ion Smoke Detectors
1
Photo Smoke Detectors
96
Heat Detectors
17
Water Flow 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 - SIEMENS
The CONTRACTOR shall furnish all labor, material, equipment and
documentation to comply with the authority or authorities 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 ofNFPA 72H, Testing Frequencies.
Draft A r ant-34-1
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 EST
"FIREWORKS" fire control system and provide and install the latest
software upgrades as they become available.
5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT:
With the OWNER's prior approval, the CONTRACTOR shall repair or
replace failed or worn components to maintain the system in peak operating
condition. Upgrade equipment by systematically modernizing existing
components as may be necessary. Components that are suspected of being
faulty will be repaired or replaced in advance to prevent system failure. The
CONTRACTOR shall provide cost estimates of such repairs or
replacements for OWNER's approval. Reimbursement shall be in
accordance with this Agreement.
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: Building Automation System (APOGEE)
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 or remote log in per permissions of the County's IT
Department.
2) OPERATOR SUPPORT:
4
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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 toss, 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 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 patch the control system and associated
serves to the latest version, revision or update every quarter. If any
security vulnerabilities are discovered, the CONTRACTOR shall
be responsible for notifying the OWNER within five business
days. The CONTRACTOR shall provide quarterly documentation
in the form of a physical and soft logbook ensuring that the updates
and patches have been performed.
g) The BAS software will provide an audit trail that logs all user
actions and can only be read and/or modified by a system
5
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administrator. This audit trail will show the administrator what
system was modified, the value modified and the time of
modifications.
4) SYSTEM PREVENTATIVE MAINTENANCE:
The CONTRACTOR shall develop and perform preventative maintenance
on a quarterly basis in accordance with a program of standard maintenance
routines as determined by the manufacturer's recommendations and
reviewed by the OWNER.
5) PNEUMATICIELECTRIC 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 quarterly routine scheduled
operating inspections 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 quarterly
routine scheduled maintenance and minor repairs, 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 AHUs,
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.
e) INSPECTION:
Verify proper operation of all VAVs and fan coil units. Correct
any calibration anomalies and minor deficiencies.
6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION:
The CONTRACTOR shall provide dedicated account management and
single point of contact 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 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 and corrective 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.
Dis - ment—'Y xI6
• Run point log and verify that the system is in the normal state.
• Perform manual smoke control system activation priority test.
• After performing individual zone test, reset system.
Document that system has been made ready.
• Return stair tower pressurization system to active mode.
• Reset smoke control system and verify that system is ready
for smoke control.
Document findings.
Test performed per requirements set forth in the 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.
• Verify operation. Record and document any problems.
Reset smoke control system.
f) Emergency Power Test The CONTRACTOR shall verify
operation of smoke control system emergency power. Verify
Draft Agreemeni — I 6
8
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 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 Sheriffs Administration Building 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
9
Draft -A r ran t -mm.344 6
r\�
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 (APOGEE)
The CONTRACTOR shall furnish all labor, material, equipment and
documentation to comply with accepted service requirements for the certification,
maintenance, and testing of the Sheriffs Administration Building's Building
Automation System, including but not limited to the following:
I) ON -LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS:
The CONTRACTOR shall provide system and software troubleshooting
and diagnostics via modem or remote log in per permissions of the
County's IT Department.
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:
b)
C)
d)
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.
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.
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.
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
10
Draft Agree
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 patch the control system and associated
serves to the latest version, revision or update every quarter. If any
security vulnerabilities are discovered, the CONTRACTOR shall
be responsible for notifying the OWNER within five business
days. The CONTRACTOR shall provide quarterly documentation
in the form of a physical and soft logbook ensuring that the updates
and patches have been performed.
g) The BAS software will provide an audit trail that logs all user
actions and can only be read and/or modified by a system
administrator. This audit trail will show the administrator what
system was modified, the value modified and the time of
modifications.
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 quarterly routine scheduled
operating inspections 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 quarterly
routine scheduled maintenance and minor repair, thorough
inspections, and detailed operating and equipment checks as per
the Manufacturer's recommendation and reviewed by the
drat/ -A r amen Ail6
OWNER. Equipment shall include but not be limited to all
AHUs, VAVs, FCUs, VFDs, dampers and controllers.
5) SYSTEM PREVENTATIVE MAINTENANCE
The CONTRACTOR shall develop and perform scheduled preventative
maintenance on a quarterly basis 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 and
single point of contact 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 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
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:
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:
12
Draft -A eement,-44i1
_V;
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, FL 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:
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.
13
Dm t- Agreement 341A 6
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 (APOGEE)
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 or remote log in per permissions of the
County's IT Department.
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
14
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.
4)
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 patch the control system and associated
serves to the latest version, revision or update every quarter. If any
security vulnerabilities are discovered, the CONTRACTOR shall
be responsible for notifying the OWNER within five business
days. The CONTRACTOR shall provide quarterly documentation
in the form of a physical and soft logbook ensuring that the updates
and patches have been performed.
g) The BAS software will provide an audit trail that logs all user
actions and can only be read and/or modified by a system
administrator. This audit trail will show the administrator what
system was modified, the value modified and the time of
modifications.
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
D-raft-Agreement —3 41-6-
'
15
CONTRACTOR shall provide quarterly routine scheduled
operating inspections 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 quarterly
routine scheduled maintenance and minor repair, 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 AHUs,
VAVs, FCUs, VFDs, dampers and controllers.
5) SYSTEM PREVENTATIVE MAINTENANCE
The CONTRACTOR shall develop and perform scheduled preventative
maintenance on a quarterly basis 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 and
single point of contact 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 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 and corrective 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, FL 33050
16
SYSTEM: Building Automation System (APOGEE)
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 Marathon 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 or remote log in per permissions of the
County's IT Department.
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.
17
i r tt unwnt- 3446._
fl-95
f) SOFTWARE UPGRADES:
The CONTRACTOR shall patch the control system and associated
servers to the latest version, revision or update every quarter. If
any security vulnerabilities are discovered, the CONTRACTOR
shall be responsible for notifying the OWNER within five business
days. The CONTRACTOR shall provide quarterly documentation
in the form of a physical and soft logbook ensuring that the updates
and patches have been performed
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 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 quarterly
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 and
single point of contact 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:
18
Draft- r a nt-3444..
vu
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. LOCATION: Monroe County Medical Examiner's Office
56639 Overseas Highway, Crawl Key
Marathon, FL 33050
SYSTEM: Building Automation System (Trane Tracer Summit)
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 Medical Examiner's Office
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 or remote log in per permissions of the
County's IT Department.
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) TRANE'S SUMMIT GRAPHICS BACKUP:
The CONTRACTOR shall backup the Summit 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
19
Draft J4 retinent, 8' 16
1(�
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 patch the control system and associated
serves to the latest version, revision or update every quarter. If any
security vulnerabilities are discovered, the CONTRACTOR shall
be responsible for notifying the OWNER within five business
days. The CONTRACTOR shall provide quarterly documentation
in the form of a physical and soft logbook ensuring that the updates
and patches have been performed.
g) The BAS software will provide an audit trail that logs all user
actions and can only be read and /or modified by a system
administrator. This audit trail will show the administrator what
system was modified, the value modified and the time of
modifications.
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:
zo
Draft-AgeA enmi, -18,,-16-
CONTRACTOR shall provide quarterly scheduled operating
inspections 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 quarterly
routine scheduled maintenance and minor repair, 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 AHUs,
VAVs, FCUs, VFDs, dampers and controllers.
5) SYSTEM PREVENTATIVE MAINTENANCE:
The CONTRACTOR shall develop and perform scheduled preventative
maintenance on a quarterly basis 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 and
single point of contact 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 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 and corrective 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 wom 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.
K. 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.
21
L. 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.
M. 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.
N. 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.
O. STAFFING
The CONTRACTOR shall provide sufficient numbers of 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
maintenance of the systems during abnormal or emergency conditions for Monroe
County, Florida upon receipt of approval of such additional personnel by the
OWNER.
P. 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.
Q. MAINTENANCE, REPAIR AND REPLACEMENT
22
lore -Agree a t 1.
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 tern hereof pursuant to the
provisions hereof for normal conditions in Monroe County, Florida. All new
work shall be guaranteed for a period of twelve (12) months after the earlier of
County accepted substantial completion of the work or first beneficial operation
or use. All auxiliary equipment not manufactured by the CONTRACTOR carries
such warranty as given by the manufacturer thereof and which is hereby assigned
to the County. 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.
R. 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.
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 furnished. Expenses for travel, lodging, per
diem and other authorized expenses shall be paid pursuant to Monroe County
Ordinance 009 -2015 and Florida Statute 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.
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6
6
T. 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. CONTRACTOR's 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 #6606.4 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 Sheriffs Office for Introduction of Contraband is
to be permanently barred from future entrance to the facility.
U. SPECIFICATIONS
The specifications contained herein are considered 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 Monroe County Ordinance 009 -2015 and Florida Statute
112.061.
D. COUNTY shall pay to the CONTRACTOR for the performance of all
services except those identified herein as "Corrective Maintenance and
Component Replacement" ( "Additional Services ") on a per quarterly, in arrears
basis on or before the I" day of the following month in three (3) month periods.
The CONTRACTOR shall invoice the COUNTY quarterly for the maintenance
24
DraflAgreemenv3184-6 1�
and testing performed under the Contract Documents contained herein. The
Contract amount is as follows:
Monroe County Detention Center
$ 77,467.00
$ 21,293.00
$ 6-655.00
$ 33,803.00
$ 14,510.00
per year
per year
per year
per year
per year
Sheriffs Administration Building
Key West Courthouse Annex
Monroe County Juvenile Justice Building
Monroe County Government Center
Medical Examiner's Office
TOTAL
$ 8,331.00 per year
$162,059.00 Annual
E. COUNTY shall compensate the CONTRACTOR for Additional Services
performed under this Agreement, as follows:
1. The OWNER shall reimburse the CONTRACTOR for the
Manufacturer's invoice cost of all parts and materials (except tax and
freight, which are reimbursed as charged with no markup), plus percentage
as indicated below. Manufacturer's invoice must accompany all requests
for payment. All parts and materials shall be of equal or greater quality as
compared to existing parts and materials in use. On all orders that require
shipping or transportation of parts or materials whether the part is under
warranty or not, freight invoices must accompany requests for payment. If
the CONTRACTOR and the Manufacturer are the same entity,
CONTRACTOR shall confirm and provide the COUNTY with best
customer pricing status.
2. CONTRACTOR's labor and equipment costs for additional
services performed under this agreement will be calculated using the unit
prices set forth below:
a) Labor — normal working hours of 8:00 am to 5:00 pm, Monday
through Friday, excluding holidays as follows:
$ 120.00 per hour Building Automation Technician
$ 105.00 per hour Fire Life Safety Technician
$ 105.00 per hour Security Technician
$ 147.00 per hour Electrical Services Technician
$ 108.00 per hour HVAC Service Mechanic
$ 105.00 per hour Fire Sprinkler Inspector
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$ 112.50 per hour Fire Sprinkler Fitter
$ 99.00 per hour Electrical Installer
$ 146.25 per hour Project Manager
$ 146.25 per hour Application Engineer
$ 200.00 per hour Energy Engineer
b) Labor — overtime rate, outside the normal working hours of 8:00
AM thru 5:00 PM Monday thru Friday, are as follows:
Monday thru Friday =
Saturdays =
Sundays and Holidays=
1.5 times the appropriate rate
1.5 times the appropriate rate
2.0 times the appropriate rate
c) Material /Component mark -up for Siemens provided Building
Automation Components shall receive a 50% with an additional
20% discount from the current Powers Controls
Pneumatic /Electronic & Apogee Automation Pricing Guide.
d) Siemens Fire Safety Components shall receive "Trade Net"
pricing as published in the current Siemens Fire Safety Price List.
e) Third party vendor Material /Components shall receive a
multiplier of 1.5.
f) Sub - contracted services to Siemens shall receive a multiplier of
1.5.
3. Total Compensation to CONTRACTOR for additional services
under this Agreement shall not exceed SIXTY THOUSAND AND
NO1100 DOLLARS ($60,000.00) per contract year unless pre -
approved emergency work requiring additional funds is
implemented.
5. TERM OF AGREEMENT
This (2) two year Agreement shall commence on April 20, 2016, and ends upon April
19, 2018, unless terminated earlier in accordance with 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 tern. Unless the contract
clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term
of one year.
26
The Contract amount may 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 at December 31 of the previous year using the
most recently published indicator.
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, INDEMNIFICATION 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 by reason of, or in connection
with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors or other
invitees during the term of this Agreement, (B) the negligence, recklessness, or intentional
wrongful 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
27
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V
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 tern of this Agreement or any earlier termination of this
Agreement.
The extent of liability is in no way Iimited 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.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
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 LIABILITY 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
28
�r�tt- 4rera�nt..� 3 .gut ,�
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
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 LIC REQUIREMMENT
29
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 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.
fl ►�i`t�ydC��;ix
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
Project Management/Facilities
1100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR
Siemens Industry, Inc.
Joe Summerlin
3021 N. Commerce Parkway
Miramar, FL 33025
30
Draft-Ae 341.t,.
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041 -1026
18. TAXES
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.
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
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r�)�
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 and court costs as an award against the non - prevailing party, and shall include attorney's
fees and courts costs in appellate proceedings.
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
32
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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.
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.
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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 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.
34
Draf# r meat 3i&W
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,
w' w of or accounting for the other counterparts, be deemed an original contract.
BOARD OF CO NTY_COMMISSIONERS
VILIN, CLERK OF t MONR7or
O
9 Win By: mm - ...._
k Ma
I r
Witnesses for CONTRACTOR:.
GAA
ignature
Date: 0 l (P � i
Si ature of person authorized to -
legally bind Corporation
Date:
David Seraikas
Vice President
Print Name and Title
Siemens Industry, Inc.
Address: 3021 N Commerce Parkway
Miramar, FL 33025
954 - 364 -6600
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Date
35
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