Item C10 C.10
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: C.10
Agenda Item Summary #5360
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549
None
AGENDA ITEM WORDING: Approval of a Second Amendment to Agreement with Siemens
Industry, Inc. for "Fire Alarm System, Building Automation System, and Smoke Control System
Testing, Certification, and Maintenance" for Corrections and other Facilities, exercising the second
renewal option, awarding a 1.9% CPI-U adjustment at a cost of $168,606.01, plus repairs, and
adding new statutory language. Funding is Ad Valorem and Fines and Forfeitures
ITEM BACKGROUND: Siemens Industry, Inc. provides for the testing, certification, and
maintenance of the fire alarm system, building automation system, and smoke control system of the
Corrections' facilities and other County owned buildings. This request is for approval of a Second
Amendment to the Agreement with Siemens which exercises the second of three (3) optional one (1)
year renewals. The new term would commence on April 20, 2019, and terminate on April 19, 2020.
This Amendment also awards a CPI-U adjustment of 1.9 % at an annual cost of $168,606.01, plus
repairs not to exceed $60,000 per contract year. New statutory language is being added as to Sec.
287.135, Florida Statutes, regarding language on "scrutinized companies," which will be included in
Paragraph 19 of the Original Agreement as amended on May 16, 2018.
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 original 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.
May 16, 2018 BOCC approved the First Amendment to the Siemens Agreement for a
one-year renewal and a 2.1% CPI-U increase, added the Sheriff's
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C.10
Administration Building EST system, amended its Agreement as to the
Public Records compliance, Non-Discrimination compliance, and Federal
Required Contract Provisions.
CONTRACT/AGREEMENT CHANGES:
One (1) year renewal commencing April 20, 2019, with CPI-U adjustment of 1.9%, and revising
Paragraph 19 to add a provision as to "scrutinized companies."
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2nd Amendment Siemens
First Amendment(5/16/2018)
Final Negotiated Bid Agreement Siemens (4-20-16)
FINANCIAL IMPACT:
Effective Date: 04/20/2019
Expiration Date: 04/19/2020
Total Dollar Value of Contract: $168,606.01/year + repairs
Total Cost to County: $168,606.01/year + repairs
Current Year Portion: $84,303.01 + repairs
Budgeted: Yes
Source of Funds: Ad Valorem & Fines and Forfeitures
CPI: Yes
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match:
Insurance Required: Yes
Additional Details:
04/17/19 101-20505 - CORRECTION FACILITIES $137,918.40
04/17/19 101-20505 - CORRECTION FACILITIES $45,000.00
repairs NTE
04/17/19 001-20501 FACILITIES MAINTENANCE $30,687.61
04/17/19 001-20501 FACILITIES MAINTENANCE $15,000.00
repairs NTE
Total: $228,606.01
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C.10
REVIEWED BY:
Patricia Eables Completed 03/29/2019 9:44 AM
William DeSantis Completed 03/29/2019 3:27 PM
Dan Bensley Completed 03/29/2019 3:30 PM
Budget and Finance Completed 03/29/2019 4:43 PM
Maria Slavik Completed 03/31/2019 5:44 PM
Kathy Peters Completed 04/01/2019 4:58 PM
Board of County Commissioners Pending 04/17/2019 9:00 AM
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C.10.a
SECOND AMENDMENT TO AGREEMENT FOR
TESTING,CERTIFICATION,AND MAINTENANCE
MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM,APOGEE
BUILDING AUTOMATION SYSTEM(HVAC),AND SMOKE CONTROL
SYSTEM
SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING
AUTOMATION SYSTEM(HVAC)
KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM
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MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND
BUILDING AUTOMATION SYSTEM E
MONROE COUNTY(MARATHON) GOVERNMENT CENTER: BUILDING
AUTOMATION SYSTEM
MONROE COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION
SYSTEM
This Second Amendment to Agreement is made and entered into this 17th day of April,
2019, between MONROE COUNTY, FLORIDA ("COUNTY" or "OWNER'), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, and SIEMENS INDUSTRY, INC. ("CONTRACTOR") a Delaware corporation,
authorized to do business in the State of Florida as a Foreign Profit Corporation, whose principal
address is 100 Technology Drive, Alpharetta, Georgia 30005,and whose mailing address for the E
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. E
WHEREAS,the parties hereto did on April 20,2016,enter into a testing,certification,and
maintenance agreement(hereinafter"Original Agreement"); and
WHEREAS, the parties hereto did on May 16, 2018, to enter into a First Amendment to E
extend the term of the Original Agreement for the first one (1) year renewal period, award an
annual CPI adjustment, and amend its Agreement as to the Public Records compliance, Non-
Discrimination compliance,and Federal Required Contract Provisions; and
WHEREAS, County desires to extend the term of the Original Agreement for the second
renewal period;and
WHEREAS, the Contractor is entitled to an annual CPI adjustment as allowed under the
Original Agreement;and
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C.10.a
WHEREAS, County desires to revise language in its contracts and/or agreements to
include additional provisions in its Termination paragraph to add required statutory language with
regard to Scrutinized Companies;and
WHEREAS,both parties find that it would be mutually beneficial to enter into this Second
Amendment to extend the term of the Original Agreement for the second, one (1) year renewal
period, award the annual CPI adjustment, and amend its Agreement as to Scrutinized Companies
provision;
NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set
forth below,the parties agree as follows:
1. In accordance with Paragraph 5, TERM OF AGREEMENT, the County exercises
the second of three(3)one-year options to renew the Original Agreement.The term of this Second
Amendment will commence on April 20, 2019, and terminate April 19, 2020; and the Contract E
amount shall be adjusted in accordance annually with the percentage change in the U.S.
Department of Commerce Consumer Price Index(CPI-U) for all Urban Consumers as reported by
the U.S. Bureau of Labor Statistics at December 31 of the previous year of 1.9%.
2. Paragraph 4 of the Original Agreement,PAYMENTS TO CONTRACTOR,
Subpart D,shall be revised as follows:
D. COUNTY shall pay to the CONTRACTOR for the performance of all services LD
except those identified herein as "Corrective Maintenance and Component Replacement"
("Additional Services") on a per quarterly, in arrears basis on or before the 1 st day of the
following month in three(3) month periods.The CONTRACTOR shall invoice the COUNTY
quarterly for the maintenance and testing performed under the Contract Documents contained
herein. The Contract amount,effective April 20, 2019, is as follows:
Monroe County Detention Center $80,596.59 per year E
Sheriffs Administration Building $22,153.21 per year
Key West Courthouse Annex $ 6,923.86 per year
Monroe County Juvenile Justice Building $35,168.60 per year
Monroe County Government Center $15,096.19 per year E
Crawl Key Medical Examiner's Office $ 8,667.56 per year
TOTAL $ 168,606.01 Annual
3. Paragraph 19, TERMINATION, of the Original Agreement, and as amended on
May 16,2018, is hereby amended to include the following additional paragraph as Paragraph 19.
E.,Scrutinized Companies,if applicable:
19. TERMINATION
E. Scrutinized Companies: For Contracts of any amount,if the County
determines that the Contractor/Consultant has submitted a false certification
under Section 287.135(5),Florida Statutes or has been placed on the Scrutinized
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Companies that Boycott Israel List,or is engaged in a boycott of Israel,the County
shall have the option of(1)terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a),Florida Statutes,or(2)maintaining the Agreement if the conditions
Of Section 287.135(4), Florida Statutes, are met.
In all other respects, the remaining terms of the Original Agreement dated April 20,2016,
as amended,not inconsistent herewith,shall remain in full force and effect.
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IN WITNESS WHEREOF,the parties have hereunto set their hands and seat,the day and
year first written above. E
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA E
By: By:
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Deputy Clerk Mayor
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Date: Date:
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Witnesses for CONTRACTOR: CONTRACTOR- E
S1 1 IJ# Y, INC.
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R,I Signature of person authorized to
gu Sinate Katherine Nierman legally bind Corporation
Branch FBA Date:
Dan Mathewson
Branch General Manager
Date Print Name and Title
Siemens Industry, Inc.
�j....... Address: 3021 N Commerce�rkway
Signature Miramar, FL 33025
954-364-6600
Telephone Number
Date MONPOE COUNTY ATTORNEYS OFFICE
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AS!=
MOIT D
PATRICIA EABLES
ASSISTANTCOU 1AjTOANE1Y
DATE: -
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C.10.b
J 4OJS GOURTB\l`
Kevin Madok, CPA
(lw�o Clerk of the Circuit Court& Comptroller— Monroe County, Florida
�Il ROE C01N�
DATE: May 22, 2018
TO: Alice Steryou, Contract Monitor
Facilities
FROM: Sally M. Abrams, D.C.
SUBJECT: May 161", BOCC Meeting Approved Agenda Item
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Attached is an electronic copy of the executed agenda item listed below for your handling.
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C3 Board granted approval and authorized execution of a First Amendment to E
Agreement for "Fire Alarm System, Building Automation System and Smoke Control (n
System Testing, Certification and Maintenance" for Corrections and Facilities with
Siemens Industry, Inc., retroactive to a commencement date of April20, 2018, for a
one year renewal, a 2.1% CPI-U adjustment at a cost of$165,462.24, plus repairs not
to exceed $60,000.00, and updated other contract provisions pursuant to County
Ordinances and Florida Statutes.
Please contact me at extension 3550 with any questions.
cc: Facilities Supervisor
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH Bl ING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point nUau
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 ida
305-294-4641 305-289-6027 305-852-7145 Packet Pg.479
FIRS]I AMENDMENTTO ACREEMENTFOR
TESTING, CER-11FICAT ION, AND MAIN TENANC'E'
MONROE COUNTY I)E'1'1,'.N'1'1(')N CENTER: FIRE ALARM SYSTEM, APOG&E
BUILDING AUTOMATION SYSTEM (IIVAC), AND SMOKE CONTROL
SYSTEM
SHERIFF'S, ADMtNtSTRATION BIALDING. FIIIE ALARM SN'SI'EM AND BUILDING
AUTOMATION SYS'I'VM (11VAC)
KEN" WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM
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MONROE COUNTY JUVE'NILEJUSTICU" BUILDING: FIIU ALARM SYSTEM AND 'a
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Bt.,Jll.,DIN(,' At,l'I'ONIA'I"[()N SYSTEM 0
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MONROE C"OUNTY (MARATHON) BUILDINC,' C
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AUTOMATION SYSTEM
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MONROE, COUNTY MEDICAL EXAMINERS OFFICE: BUILDINCIM AUTOMATION C
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SYSJIEM E
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This First Amendment to Agreernerit is made and entered into this lAh day of ,,�H4,
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2018, between M(,)NROE COUNTY, I'LORIDA ("('.'OUNT� or "'OWNER"), a political
subdivision of the State of Florida, whose address is I l 00 Simonton Street, Key West, Florida 04
33040, and Siemens Industry, Inc. ("C( N`l'RAC'l'()R") a Delaware corporation, authorized to do
business in the Statc of, Fkx-ida as a l'orcion profit Corporation, whose principal address is 100
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1'echl'10logy D rive. Alpharetta. (Jeorg ia 300 . a 05nd whose m adin ]rp t gg, address for the PL, ()SCS 0" 0
(fus Agreement is 3021 N. Commerce Parkway, Miramar, 1`1.)rida 33025, a End vvhose mailing 'a
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address payrnent is 1000 Deerfield Varkway, BU111110 GTOVC, Illinois 60089-4513. 0
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WHEREAS, the parties heret() did on April 20. 2016, enter into a testing, certifications
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and maintenance agreement (hercinafter "Original Agreement-); and
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WHEIZEAS, bo(h parties, find that it would be mutually heneficial to enter into this Uirst E
Amendment to extend the term, of the ()riginal Agreement for the first one (1 ) year renewal
period: and
WHERF,AS, the Contrac(or is entitled to an annual a(I.Justinct'itas allovved under the
Agreement; and
WIIEITEAS, the Systern at the Sheriffs Administration fluilding has been updated and
the contract needs to rellect that the USTsy'stem has been replaced with a Siemens system; anti
WHE.ITEAS, the County' desires to revise the languiage on authorized expenses to rellect,
current I-eViSi()1'1S pUl-SUant to its ordinances; and
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WHEREAS, (,"ounty desires to rcViSC hngLIagC, ill its contracts and/or agzn m reeents I or
PLIMC 1 ecords, compliance in accordance with 0-rapter 119 of the Florida SUMLOCS JILUSUallt 10
legislative revisions to Sec. 119.0701, which becarne effective March 8, 2016, and any
SUbsequem changes (hereto; and
WHEIZE'AS, ounty desires tar revise the non-discrimination language in its contracts
wid/oragrcementio update current revisions pUl'SUant to its ordinances; and
WHIAMAS, ("ounty desires to add required federal (,'oritract Provisions to its contracts
and/or agreement; an(]
WI-IF"REAS, ("lontractor agrees arid consents to such revisions in its Agreernent to ensure
PLIb1iC lZecords compliance, Non-Discrimination compliance, aarucl compliance with F"ederal
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1�eqlUired ('ontract F)MViSiOnS I-CCILdrenients,' and
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WHEREAS, the pat-ties find it inutually beneficial to aniencl its Agrcenient as to (lie
PLIhfiC [Zecords compliance, Non-Discrimination coniphance, and F'cderal J�equired Contract
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Provisions, and all other aforementioned revisions'; and
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NOW, 'I'll E RE FORE, IN (."ONSIDEIZA"I ION of the mutual promises an(] covenants
set forth belmv. (lie Pa rties agree as follows: E
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I In accordance with: Paragraph 5, TFMI 01" AGRF"If"IMI"INT, the ("aunty exercises
the first of three (3) one-year opficms to renew the Original Agreenient. '["lie terni of'this First 63,
An'iencirrient krill coninictice on Alwil 20, 2018, and terniinate April 19, 2019; and the aniOUnt C14
shall be ad"jLJStC(l in accordance annually with thc percentagea chng U epa e in (lie .S. Drtment of
C�olilnlerce Con s u I'll er Price In (0114J) for all Urban Consumers as reported by, (lie (LS.
BUrcau ofLabor Statistics at December 3,1 ofthe preViOLIS year(A'2,1
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2, Paragraph 3, S I"F"( I I;'l C A,r 10 N S J F'S'l"I N 6, 1,11 RTI FI('A"H 0 N, AND
MAINT1:NANCE. SUbpart 1), shall be revised only as ("ollows, with all other provisions of
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Subli,art 1) remaining the same:
1 SPECIFICATIONS-TESTI N(',',, CF,RTIFICATION AN 1)
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M CAINTENANU'
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1). LOCIATION: Sheriff's A(Iministration Building
5525 College Road
Stock Island, Key West, FL 33040 <
SYSTTM: Ffi-c Alarni Systein - Siemens
3. Paragraph 3. (T RTJ F1(,`A"I'l 0 N, AND
MAINTF.NAM.1"., Subpart S. I 10UM,Y I,ABOR AND MAIZKUP RATF, shall be revised as
1,611o),vs:
S. HOURLY LAB(M AND MAIMIT RATF,
l'ach hid shall also contain ,in hourly labor rate fol' Upgrades. repair or replacement work
not within (lie scope awl maintemancc and testing an(], as markup rate for niatcrials and equipment
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furnished. Expenses IN travel, lodging, per d[cm. and other authnrized expenses shall he paid
pursuant to Monroe County Code of Ordinances Sec. 2-106 et seq. rind Florida Statutes Sec.
112161, All repair work necessary requirnig reirnhursemmu Or. Nndhg by the OWNER will
rC(jUirC: prior approval by the ONMER unless it is deerned: an ernergency rind the MOTION
representative care wt be conWde& In such caw. documentation Will be rC(jLJt'Cd certifying
emergency raluircinent immediately after the fa&
4. Pwagraph 4. subparagraphs C' and 1), of the Original Agreement are, therefore,
amended to read as fbHo"A:
4 PAYMENTS iro copawknuz
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C. Expciises Or travel, lodgirig, per dkm. and other authorized expenses shall be
paid pursuant to Monme Qumy Wde of Ordinances Sec. 2-106 ct seq. anti Florida Statute Sec.
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11 2A6 L AH travel expenses shall be reponed on as Mate orl"lorida Voticher for Reinibursernent
or Ravel Expenses, as adopled by, Monme Ownty, anwhcd MW as Exhibit "A" and We a 5
pan of this Agreement. 141)
as
11 COUNTY shall pay to the CONTRACTOR flor the performance of all E
services cxccjX those identified herein as "C7onvcdvc Ndahuenance and (Anuponent as
Replacement" C'Additional Services") on a per quartedy, in arrears hasis on oi- before the
l st day of the Rillowing inondi in Me (3) nunah periods. "I'lic CONTRACTOR shall
invoice the COUNTY quarterly for the niaintCrUU1CC in(] tcsting perfornied under the
C'onlract Docurnems conwhed herein. Jbc Contract amount effective April 20, 2018,
is as RAW:
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M0111-OC County 1.)CAC11tiOn CentCr S79,09181 per yea 0r E
She ri ft,"s Administration Building $2114115 per year
Kcy West Courthouse Annex $ 6794 76 per year U_
Monroe County Juvenile Justice 13L,,tilding $34,512.86 per year
Monroe County Government Center $I 8 1171 per ymu E
Cjawl Key Medical [,xarnincrll)ffice $ &50515 per year
TOTAL S W546224 Aumuni
5. Pa mgmph 8, PUBLJC ACCITS, of aw Original Agreement shall be revised as
WHOWS:
8. PUBLIC REMMS (A)MMANC
Contractor inust comply with Florida pUbliC records laws, including but not liriiitcd to
Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The
County <rnnrl Contmoor shall allow, and permit reasonable access to, rind inspection (11 all
docutnents, records, papers, letters or oler "MAW record" materials in its possession or under
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its C()Iltl'Ol subject
ject to the provisions ofThapter 119, Florida StatUteS, Jlld made or received by the
County and Contractor in Con,junction with this contract and related to contract perforniance.
"File COLUIty SlMH IUAVC OIC rid, lit to unilaterally cancel this contract upon violation of this
provision by the Contractor, F,:lilUrc of (lie Contractor to abide by the terms of this provision
ha,11 be decilled a niatcri,:I breach of this contract MR] tile COUIlty may enilorce the terms of this
provision in the form of a court procceding and shalL as a prevailing party, be entitled to
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refiribursement of all attorney's fees and costs associated with that, proceeding, ThIs, provision
shall Survive an n a y termination or expiration of"the tu co ct.
1"'he C'ontractor is encouraged to consult with its advisors abOUt Florida PLIf)HC Records
Law in order to comply with this, provision.
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PLII-SLIdIlt to F`Ia. Stat. Section 1 19.0701 and (lie terms and conditions of"this contract, the E
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Contractor is required to: C
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1) Keep and nuiintciin public records tllaat would be required by the County to per1'()rnI
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tile service, 0
(2) Upon receipt from tile, COUTIty'S CLIstodian of'records, provide the outity %vitli as U)
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copy of the requested records or allow tile records to Inc inspected or copled within a 0
reasonable 1111le at as cost that does not exceed the cost provided in this chapter M* as, E
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otherwise provided by law, (s
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(3) FlISUI-C that lIUbfiC I-CCORIS that are exempt or con-11dential and exemi-,)t from PIUMIC
records disclosure requirements are not disclosed except as Mithorind by law for tile
duration of the contract tcrin and Collowing completion o' [lie contract it' tile contractor
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(toes not transfer the records to the C',OLU'lly. E0
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Uponm copletion (A' tile contract, transfer, at no cost, to tile Co unty all public 0
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records in possession oftlic Contractor or keep and inainuain public records (flat would lie
required by the COLII`lt.)r 10 perform the service. It' the C'ontractor transfers all public
-1 actor shall destroy any U-
records to the C"ounty upon completion of the contract, tile C ontr, 4j
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duplicate pUblic records that are exempt or confidential and exempt From public records 0
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disclosure requirements. 11' the, Contractor keeps and maintains public records, upoll
completion of the contract. the Contractor shall meet all applicable requirements for
Ntairlitlg Public records, All records stored electronically 1111.1st be provided to the County,
UIVII request fi-orn, the County's custodian of records, in as fornlat that is conipatible with
the inforniation technology sys(Clils of,the County.
(5) A request taa inspect or copy Public records relating to as COUIlty COM111Ct ITIMS1, hC
made directly to the County, but if'(lie County does not possess tile requested records, the
County shall irriniediatcly notify the Contractor of the request. and the ('0111rclCtOr ITIUSt,
provide tile rccc)rds to the (,.ounty or allow the records to be inspected or copied within a
reasonable tinic.
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It'the Contractor does not comply with the ("ounty's reqLlC',SL f'or records, the County sliall
cn6orce the public records, contract provisions in accordance with the contract,
notwithstandi lit!
" file ('oullty's option and right to U111laterally cancel this contract upon
viol"'Ition of'(his provision by the Contractor, A Contractor who flails to provide the j)UbhC
records to the County or pui-SLUITIt U.) 11 Valid public records I-CCILICSI Withill I NaSOrlal)le
tlinenlaybe subjeotoperialtieS LIMICI- SUd011 119.10, FloridaStaftltCS.
The ("ontractor shall not transfer custody, release, alter. destroy or otherwise dispose ot'
any public records unless or otherwise provided in this, provision or as otherwise
provided by law.
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IF. THE' CONTRACTOR HAS ouEs,rIONS REGARDIN(I THE, APILICATION
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OF CUIAPIT]R 119,FLORIDA STATUTES, TO THE, CONTRACTO IRS DUTY 'a
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TO PROVIDE, PUBLIC RECORDS RELATING TO THIS CONTRIN(j, 0
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CONTAC"T-VI`JIF CUSTODIAN OF PUBLIC RECORDS, IIRIAN BRADI,EY AT
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PHONE,# 305�-292-3470 131ZAI)I..,I Y-BRIANLd�'�M.ONIZ.OE(,"Ot.'[N'I,Y-FL.GOV 0
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Stre 0
MONIMit' COUNTY' ATTORNEYIS OFFICE, 1111, 12 �0UITE 408,KEY (n
WEST, FIB 330140. U)
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6� [aragrapli 12. N(-)NI)IS("RINli'NA'I"'1(,.)N, of the Original Agreement is hereby 63,
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411ITiended to illClUde the f'ollowing Federal Required Cc)nlract Provisions, it'aiiplicable: C14
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12. NON DISCRIMINATION/EQUAL EMI,)I,OYNIENI' (,)�l,)[)(.,)R'F'IJNII'Y 0 E
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Ar CONTRACT(W and COUNTY agrec that, there, will be no discriniiruoion 4)
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ainst any person, and it is expressly understood that upon as detenninatioll
by a CoUrt of cornpetent jurisdiction that discrimination IUS OCCUrred, this
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Agreenient automatically teri-ninates without ciny f1irther actitmi cWthe part of
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any party, cfTcctivc the date Ol'tllC COLITI, order. ('ONTRA("FOR or COUNIA' 0
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agrees to comply Nvith all Federal and Florida statLacs, and all local
ordinances. as applicable. relating to nondiscrimination. This irlClUde but are
not limited to: J) 'I"itle 'II o0he Civil Rights Act of' 1964 (111, 88-352) which
prohibits discrimination on the basis of'race, color or national origin; 2) Title
IX of' the Iducation Aniendi-racist ol' 1972, as amended (20 1.tSC ss. 168,1-
1683� and 1685-1686), which prohibits discrinmiation on tile, basis of sex., 3)
Section 504 ol'the Rehabilitation Act (.)1' 1973, as amended (20 US(I
I s. 794),
which prohibits discriinination on the basis ol' handicaps,- 4) The Age
Discrimination Act of 1975., as anlended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of' ,age-, 5) The Drug Abuse Of'l'jcc and
Treatment Act (,)1' 1972 (111, 92-255), as amended., relating to
llond iscrilil'i licit Ion on tile basis 0l'drUg 'AbUse; 6) The Conipreherlsivc Alcohol
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Abuse and Alcoholism Prevention, Treatnient and Rehabilitation Act of 1970
(I'll, 91-616), as amended, relating to nondiscrimination on the basis ol'alcohol
abuse or alcoholisni, 7) The Public I lealth Service Act of 1912, s,s. 523 and
527 (42 (JSC ss. 69(1dd-3 and 290ec-3), as anierided, relating to confidentiality
of alcohol and drug abuse patient records; 8) Title Vill ol'Civil Rights Act of
1968 1'42 USC s. et sect,), as amended, relating to nondiscritTijination in the
sale, rental or 1"inancing ot,h ous i rig", 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note). as may be amended firom time to time, relating
to nondiscrin,iination, of the basis of' disability,- 1(l1) Monroe County Code
Chapter 14, Article 11, which prohibits discrimination on the basis of race.
color, sex, religion, national origin, ancestry, sexual orientation, gender C
identity or expression, familial status or age; I I Any other nondiscrimination E
'a
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provisions in any FCdCral orState SUdtLACS which rnay apply to the parties to, or 0
the sub ect inatter of' this Agreement.,
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J
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0
Wring the performance of this Agreement, the ("(WIRACTOR, in accordance with
E't wil Emplo xtnenl Opportunil (30 Fed. Reg, 123 19, 1 2935 3 C.F`.R. Pao, 1964-1965 (n
U)
C
C'omp., pa, 339) as, ai'viended by EXeCUtiVe Order 11375,Ainencling E*xeculive Ot-det- 112,46 0
E
Reh'iting to E'quol Einplo"vinent Oppontmit.v, and implerrienting regulations at 4l CJ R, 2D
I)art 60 (Office of Federal Contract Coniphance Programs, ["qual Fri,iployriient
OJIPM-Wnity, Department of' Labor). 2 C.F.R, Part 2(10, Appendix 11, C. agrees as
l'o I l o,%vs: C14
I) The CONTRACTOR will not discrin,iinale, against any employce or appficant
for ernployment because of race, color, religion, SeX, SeMial orientation,
C
0
gender identity, or national origin. The ("ONTRAC,"FOR Nvill take affirt-native E
action to ensure that applicants are en-iffloyed, and that employees are trea 'ated C
equally louring employment, without regard to their race., color. refigion, sex, E
SCXUal o,riernatiori, gender identity, or national origim Such action shall
r;� 12
include, bill not be limited to the following: l"Aiployrrient, upgrading, U-
demotion, cw transfer, recruitment or I'MIJitment advertishig; layoff or C
4)
termination, rates, of pay or other forms of' comiipensation„ and selection for E
training, including apprenticeship. The CONTRACYOR agrees to post in
C011SPiCUOUS iflaces, availaMe to employees and applicants for eniploymern,
notices to he provided by the contracting offlicer setting forth the provisions of
this nondiscriniination CkMSC.
2) The CONTRA('TO R wilt, in all solicitations or advertisernerils flor employees
placed by or on behalf of' the (''()WRAC TOR, state that all qualified
applicants m/111 receive consideration, for emp1oyn"Ient ,without regard tca race,
color, relioiori, sex, sexual orientation., gender Identity, or national origin.
3) 11'he CONTRACTOR will not discharge or in any other iriarincr discriminate
against arly employee or applicant for cii-iploymern tvcause such employee 01'
applicant has inquired abOUL diSCOSSCd. 01" diSCIOSCd the C01111MISM loll of[lie
6
Packet Pg.485
employee or applicarn or another eniffloyce or applicant. This provision shall
nol apply to instances in, which all C1,1111loyce, who has access to the
corral ensation int"ornumiOn OfOIhCr en'11110yeCS Or affliCatItS aS, as par~t Of'SUCh
ctriployce's essential job functions, discloses the collipensation of such other
ettiployees or applic.,,,mls to individuais who do not otherwise ll.,ive access to
such inforniation, Unless SLICII diSClOSUrc is in resfionse to as fort'nal complaint
or charge, in Furtherance of cart investigation, procceding, hearing, or action,
including an investigation conducted by the employer. or is consistent with the
CON17RAC"TOR'S legal duty to 1"urnish information.
41 The CONTRACTOR \viil sell(] tO earth labOr LIrliOtl or representative of
workers with which it has as collective bargaining agreement or Am, contract C
Or Understanding, as notice to be provided by the agency contracting officer, E
'a
C
adViSin&1 the k1bOr Union or workers' representative of'the CONTRACTOR'S, 0
E
corlimanients under section 202 of L�xeculiv,e Order 11246 of September 24,
1965, and shall post copies, of' the notice in COnSPiCUOUS places available to C
0
employees and applicants for employrtient,
5) The CX')N`f'RA(,"rOR will comply Nvith all provisions of 11"Ixectitive Order U)
C
11246 of September 24, 1965, and of the rules, regUta ns tio . a nd relevant 0
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orders of`the Secretary cif'l,abor. 2D
6) The CO" N'l-RA("F()8 will furnish all inf'otination and reports rcquired by
Executive Order 11246 ofSeptea)ticr 24, 1965, and by (fie ruics, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the c(mitracting agency and the
LO
Secretary of' 1,abor for pUt'lloses of' investigation to ascertain compliance with
C
SUCII I-Liles, regulations, and orders. E
7) 1 n the event of' the ("ONTRACTOR'S non-compliance with the C
FlOrldiscrimination clauses or this contract or with any of such rules. E
regulations, or orders, this contract may lie canceled, terminated. Or SSLISpended
12
U_
in whole, or in part and the (,"ONTRACTOR may be declared ineligible for 4i
further (jovernment contracts in accordance with procedures aUtilOriMl in C
Executive Order 11246 ofSepteniber 24, 1965 and such other sanctions may E
be imposed and reniedies invoked as provided in Executive Order 11246 of'
September 24, 1965. or by rule, regulation, or order ofthe Secretary of Labor,
or as otherwise provided by law.
7, flanagraph 1 9. '111�110,11 NATION, of the Original Agreement is, hereby anlended to
include the following Federal ReqUil-Cd Contract PrON/isions., il'applicable:
19. TERMINATION
7
Packet Pg.486
A. In the event that (lie CONTRACTOR shall be found to be negligent in any aspect of
scf,Vice, the COUNTY shall have the right to tcriiiinate this Agreement after five (5)
(lays,' written notification to tile CONTRACTOR.
K Either of the parties hereto rilay CalicLI this Agreement Nvilhout cause by giving tile
other party sixty (60) days' written notice of'lts intention to do so.
C, 'Fermination for CaLlse and Runedies: In, flic event of breach ofany contract terms,
the COUNTY retains the right to teruninate this Agreement. The C01JNTY may also
terminate this Agreement for cause with C()NTRACTOR should CONTRACTOR
fail to perforni the covenants herein containcd at the time and in the manner hercill
provided. In the event Of SUCh termination, pilor to termination, the COUNTY shall
prov i ide CONTRACTOR with live (5), calendar days' notice and provide the
CONTRACTOR \v'ith all 0J)POtUnity to CUN tile breach that has occurred. It' the E
breach is not cured, (lie Agreement will be terniinated for cause. If the COLATY
E
terminates this Agreement with the CONTRA("YOR. COUNTY shall pay
CON"I"RM TOR the surn due the CONTRAC"FOR under this Agrcement prior to
0
0
lerminati011, U111CSS the COSt Of' completion to the COLINTY exceeds the funds
retraining in the contract; however, the (,OUNT'Y reserves the right to assert and U)
r-
seek an offset, f1m, damages caused by the breach. The maxinium amount CILIC, tC) 0
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CONTRACTOR shall not in any event exceed the spending cap in this Agreement, 2
(n
In addition, the COUNTY reserves all rights available to reCOL11) 11101liCS paid Under
this Agreement, including the right to sue liar breach of contract and illCIUditlg the
C14
right to PLH-SUe a clail-n for violation (,,)fthe Couritys False Claims Ordinance, located
,,it Section 2-72 1 et al. ofthe Monroc County Code.
1). Termination for Convenience: The COUNTY niay terminate this Agreement f'or
convenience, at any, time, upon sixty (60) days' notice to CONTRACTOR, Ifthe E
COUN'ry terminates this Agreement with the CONTRM."'YOR, C'0I JNTY shall pay
C()NTRAC`T(')R the sum due (lie CONTRACITOR under this Agreement prior to E
termination, unless, the cost of' completion to the ('(,)IJN,r,y exceeds the funds E
renlaining in the contract. The inaxii-num arnount due to CONTRA(I FOR shall not U-
exceed the spending car) in this Agreement. In addition, the C(A J NTY reserves all
rights available to recoup mor es. paid under this Agreement, inClUdilIg the right to E
sue For breach ol"contract and including the right to purstle as clailil fow violation of
County's False Clainis Ordimaricc, localed at Art, IX, Section 2-721 et al. of the
Monroe Counly (,'ode.
8 The Origimil Agreement is hereby aniended to itICILI(le the following identified as
Paragraph 40, IT'DERAL C"ONTRACT Rl`Q1JIRL'N1FNT'S, to include the f(.)Ho\ving 11'ederal
Rcquircd Contract Provisions, ifapplicablc:
41). FEDEIZA.1.,..(,'0NTRA(.'T REQU1RE,M Cyr N`1'tt
Packet Pg.487
The (",ONTRACTOR and its sub-contractors must follow the provisions as set forfll irl 2
(1'1-.1C. §200.326 Contract provisions aand Appendix 11 to part 200. as arnended., inCILIdiII&I bU( not
limited to:
40 1 Clean Air Act and the Federal Water "I"(.')�l i't'Won .Act. (J"KIRACTOR
agrees to coniply with all applicable standards, ordus, or regulations issued pursU."Int tO
Ilic Clean Air Act (42 U,SC. 7401-7671q) and the Federal Water. Pollution Control Act
as amended (33 ILS C. 1251-1387) and will report violations to FFMA and the Regional
(A'I'Ice ol'the L`nvironmental Protection Agency (LTA).
40.2 Davis-Bacon Act. as aniclided_(40 U.S.C',_3,14,1-
WIICII N(JUired by Federal
progr,an,i legislation, which includes cnlerg~,ency Managernent Preparedness Grant E
Progrann, Homeland Secu rity Grant llrogranl, Nonprofit SeCUrity GMilt Program, "Tribal
E
Homeland SCCLH-it.)/ GI-allt Prograrn. Port SeCUrity (irant Program aTICI TMIISit Security
6rant Prograni, all prime construction contracts in excess of' $2,000 awarded by nori-
0
1'ederal entities ITILISI C011iply with the Davis-Bacon Act (40 U.S.C. 3 1,413 144 and 3146-
.3148) as supplemented by Depal-tilient (if l-abor regulations (29 CFR llcart 5, "Labor U)
Standards Provisions Applicable to (cmiracts, ("overing Federally Financed and Assisted
E
Construction"). In accordance with the stature, CONTRACTORS must be required to pay 2D
Wages, to laborers and mechanics at as rate not less than the prevailing wages specified in a
wage deteri-nination made by the Secretary of Labor. In addition, CON FRAGFORS must
be required to pay wages not less than once as week. 14' applicable, the COUNTY natant C14
place a copy of tile current prevailing wage determination issued by the Department of
Labor in each solicitation. "I"he decision to awaard a. contract Or SUbcontract must be
CoMfitiOnCtl Upon the acceptance ot'thc wa ,�� I c determination. T'lle COUNTY rnust report E
all suspected or reported violations to, the Federal awarding agency. When required by
Federzal program legislati0fl. which IIICIU&S' emergency Management J�Ireparedness Grant.E
Progi-cmi, I lorneland Security Grant Program, Nonprofit Sceurity Grant Program, Tribal
E
Homeland Security Grant Program, Port Security 6rant Prograiii and Transit SCCUrit.Y U-
Orant Program (it does not apply to other I FIMA grant and cooperative agreement
programs. Including the Public Assistance Prograili), the CONTRAC"TORS must also E
comply with the Copeland "Arni-Kickback" Act (40 U.S.0 3145), as supplemented by
Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors MI
Public Building or PUbHC Work Financed in Whole or it) Part by Loaris or Grants froill
the I,Jnited States"). As I-C(Illired by (lie Act, each CONTRACTOR or subreciplent is
prohibited fi-om indLIC41g, by any nieans, any person eniployed in tile construction,
completion, or repair of"public work, to give up an), part of'the conilmisation to which lie
or she Is otherwise entitled. 'Fhe C(l)UNTY niust, repcm all suspcoed or reported
Vi0kitions to the Federal 8%MM-ding a�ICIICY- ThC CONTRACTOR shall comply with 18
U,S,(,% 874, 40 I.I. .C`. § .3145.1 and the f-C(jUirCITlentS oF 29 (".F.R, pt. 3 as may be
applicable, which are incorporated by reference hito this ccmtract,
9
Packet Pg.488
if Subcontracts. Fhe CONTRACTOR Or SUbcontractor stiall insert in any
subcontracts the clause above and such o(hcr clauses as the FTNMA may by appt-opriate
instructions require, and also as CkIUSC requiring, the subcontr.,ictors to include these
clauses in all), lower tier subcontracts, The prinic C" NOR AC"I'OR shall be responsible
for the coilipliance by any SUbcontractor or lower tier subcontractor with all of' tlie,.,,,e
contract clauses.
ii) Breach, A breach ofthe contract clauses above may be grounds for termination of
the contract, and tor debarment as as contractor and subcontractor as provided in 29
CER� § 5.12,
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40.3 ("'ontract Work Flours an(] S a f C, u,Sc 3701-3708 Where
applicable, which includes all FENIA grant and c(,wperative agreement programs, all E
C
contracts awarded b 4)y the COUNTY in �excess f$1 00,000 that involve the employnient E
of tnechanics or laborers uILISI comply with 40 US(% 3702 and 3704, as, supplemented
by Department of L,abor regulations (21) CFR Part 5). (Jnder 40 U.S.C. 370,2 ofthe Act, C
0
each CONTRA OR ITILISI con,ipute the wags of every mechanic and laborer oil the
basis ol'a standard work w,veck of' forty (40) hours. Work in excess of the standard work U)
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week is permissible provided that the worker is coinpensated at a rate of not less than onc 0
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and a halftimes the basic rate ofliay for all hours Nvorked in excess of' kmly (40) hours, in 2D
the work Nveek. The requirements of'40 U.S.C. 3704 are applicable to constrUC6011 work 63,
I(Irld provide that no laborer or mechanic 11111st be mlUired to work in surroundings or T-
Under working conditions which UC LHIS,111itary, haZaRIOLIS, or dangerous. These C14
(D
requirements do not apply to the JIUrchases of supplies or materials or articles ordinal-fly
available on the open market, or contracts for transportation or transmission of C
0
intelligence, E
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40.4 Rigjjt :,Iw ade Under a onfra,ct,q!: ii eral award E
Wyclition.s M, -git. It"the I ed
rneets the definition ol"Tunding agrCClIICnC' Under 37 CFR §401.2 (a) and [lie recipient or
E
subi-ccipierit wishes to enter into as contract with as small bUIJrICSS filial or nonprofit U-
4i
organization regarding the substitution of' parties, assignment or perforaiance aof C
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experimental, developmental, or research work tinder that: "funding agreeniclit," tile,
rccipient or sr breelpient must C01111fly with (Ile rCLlLliI-CFlICntS of37 (I"R Part 401, "Rights 2
to Itiv,entions, Made by Nonprofit Organizations and Sniall 13LJSinCSS Firivis Under
Governiliclit Grants, Contracts and Cooperative Agrecinents," and any implementing
regulations issued by the awarding agency,
40.5 Clean Air Act ater POHLItiOn Irol Act
Contracts and subgrants ofamounts in cxccss of 50,000 rnust
coniply with all applicable standards, orders., or regulations issued pursuant to file Clean
Air Act (42 U S.C . 7401-7671 q) and the Federal Water Pollution Control Act as ainended
(33 125 1-1387). Violations must be reported to the Federal awarding agency and
the Regional Office col"the l-'nviromnemal Protection Agcncy (EPA).
Packet Pg.489
4(l.6 Debarment and Stjsp [tj )n X.MifiVC. OrdCrS 12549 689 and 12 ). A contract
......................
aiward (see 2 CTR 1:8O.220) must not be made to parries listed oil tile govcrillilerri, Nvide
exclusions in the Systcun R)r Award Managernent (SAM), in accordance with the OMB
gUidClines at 2 CFR 180 that inipIcnient Executive Orders 12549 (3 (.1"R part 1986
("ornp., p. 189) and 12689 (3 ("Y'R part 1989 Cornp., p. 235), "Debarment and
Suspcnsion." SAM F'xclusioiris contains the nanies of parties debarred, suspended, or
otherwise excluded by agencies, as Nvell as parties declared ineligible under statutory or•
regulatory authority other than 1:xecutivc Order 12549.
40.7 1jy!�d ZSj�qi-Lobbying , !��OLnglt J S,('j' 5 a C
, — -.111 - __(,31 CONTRACTORS that pply 0
or bid for an award exceeding $100.000 must flile the required cutification. Flach tier E
'a
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certifies to tile tier al'.)ove (fiat it will not and has not used Federal appropriatcd Funds to 4)
E
pay any person or organization for influencing cw attCtllptitlg 10 inflUence an officer or
employee of"airy agency, as meniber of Congress. officer or cti,iployce of'Congress, or- ain C
0
crilployce of as nieniber ofCongress in connection with obtaining any Federal contract,
grant or any other award covered by 31 LJ.S,C 1352 11"ach tier rntist also disclose any U)
lobbying with rion-Federal funds that takes place in connection with obtaining any C
E
Federal award. Such diSCIOSUres are forvvardcd from tier to tier up to the non-l'ederal 2D
award,
40.8 Coullpliance with Procurement of recovered---------materials as set for-th in 2 CFR S C14
----------- --------
200.322, CONTRACTOR MUSt COniply with section 6002 of the Solid Waste disposal
Act, as anwildrinent b yy the ResoUrCC Conservation and Recovery Act. The reqUirenients C
of Sccflon 6002 inchicic procUrinLI, Only items designed it) gUidclines, of the 0
E
Ftivironmental Protection Agency (LTA at 40 CPR part 247 that contain the highest C
percentage of' recovered niateri'lls Practicable, consistent with maintaining as satisfactory E
level of compet ition, where the purchase price of the item exceeds $1 0,0OO Or tile VaILIC
of tile, quantity acquired clearing the preceding fiscal year exceeded $l0,000; procuring U_
solid waste managenient services in a manner that niaximizes, energy and resource C
recovery; and establishing an affirmative procurement program for procurement of E
recovered material,,,;, idemil"ied in tile FTA guidelines. (1) In the performance of this
contract, the CIONTRACT()R shall make maxin,imil use of'PrOCILICAS, COntaifling recovered
materials dial are ETA-designated items untess the product cannot be acqUil-Cd (i)
Competitively within as tinieframe providing for compliance vvith the contract
perl'ormance schedule, (ii) Meeting contract performance reqUirerrients, or (iii) At a
reasonabIc price. (2,) Informat4,)n about this rcquiremen(., along vvith the list of F,.PA-
designated items, is available at FPA's Comprehensive Procurement Guidelines \vcb .site,
40.9 Ailiericans with Disabilities Act of 1 990� as anien(led _(AQN). I'll c
----------—--------------
CONTRAC'TOR will comply with all tile requirements as imposed by the ADA, tile
Packet Pg.490
regUlati(MIS of' tile Federal government ISSUCd thereunder. and the assurance by tile
CON't"RACTM pursuant thicreto.
40.10 The (J)NTRACTOR shall utilize the U.S, Department oH loinchand SeCUrity S
Veril"y system to verify the einploynient efigibility of all 11CW CITIPkIyees hired by the
CON'TRACTOR during, the term ol' tile, Contnict and shall expressly require any
subcontractors performing work or providing services PUrs'Llant, to tile (..'ontract to
likewise utilize tile U.S. Department eat" Homeland SCCLII-ity'15' [`-Verify systen'l to verify
the employlilent eligibility, ot, all riew empIcsyces hired Iay the SUbcontractor dUI-iTIg tile
Contract term.
40.11 Fraud and False or FraudUlellt or Related Acts, The
............... E
acknowledoes that 31 U.Sk'. hap. 38 (Aduninistrative Remedies 1`or Fake Claims and 'a
Statements) applies to tile CON'TRA("TOR'S actions pertainin , to, this contract. as
E
40.12 Access to Records. "File f'ollownig access to records requirements appi)( Rea this 0
contract.,
as
ras
I The CON`FR A(`T()R l,Igrees', to provide M0NR0[,' ('01-JNTY. tile FT"W\ U)
r-
Aduninistrator. the Coniptroller General ol' the United States, (:)I- any tat" their a.uthorized 0
E
2D
representatives access to aily books, documents, papers, and records, of tile
CONTRA(11 1`0R, which are directly" I III,
pertinent to this contract ('01- tile [IM-POSeS 0 ' -aking
00
T-
aUdits, exaniinations, excerpts, and transcriptions. CD
C14
(2) The C(KTRACTOR agrees to pernfli any of' that floregoing parties to reproduce
Icy an.), means whatsoever or to cop.)" excerpts and transcriptions as reasonably needed,
(3) The ('0NT RAC"TM agrecs to provide the FI-I'MA Adniinistralor or his
aiuthorized representatives access to C(AIS(RIC0011 or other work sites pertaining to the E
W()I'k being completed under the contract.
E
40.13 F'cderal Government CONTRAG"I"0R. acknow ledges that E
the Federal Government is not a party to this contract and is 110t SLJbjCCt to any obligaGons U-
actol pertaining to any
M liabilities to tile non-f-cdend entit.Y. contr< or any other party E
niatter resulting firom the contract. m
40.14 D aient, of' Homeland See it
Nm ......(!)!!S) _Sg,"J� ogg. au�s. ']'lie
___J, and Fl,
.. ................
CONTRAC"I'(W shall not use the DI IS scal(s), logos, crests, or reproductions ol" flags or
likenesses ol,f)]-]S agency offilcials, with specific FFINIt\ pre-approval.
40.15 Comi liance with Federal and F"xecutive Order, This is an
...........MR-P. .11-11 -- —----------
acknowledgement that FFMA financial assistance will be used lo 1"und the corimact only,
The ('()NTRACT()R will comply will all applicable federal 1MV. IVgUhItk)TIS, CXCUltive
orders, FTMA policies, procedures, and directives,
112
Packet Pg.491
40.16 Di sad v anqUA-Busi tic ss.F�,,n le q�,Ti S" DBL)JI(flicy �,!!Igt C—lo i,-I!-----------It is the Policy
................ --.11,111 , 12�1( I -L[,!! g,4
of'the COUN'TY that DBF-s, as ddincd in 49 C.F.R. 26, as arnendcd, shall have the
oplik.'mUllity to PM"tiCip,11c ill the pet-1,61-111ance of' contracts financed in whole or in part,
with COUN'YY l'unds, undcr this Agreenient. I"he DBF', rCCjU1ren1CntS of'applicable rederal
and state laws and regulations apply to this Agreenwnt. The CO(JNTY and its
CONTRAC"FOR agree tca ensure that DBE's have the opportunity to participate in the
perf'orniance ol'this ar,kgreement. In this regard, all recipients and contractors shall take all
necessary and reasonable steps in accordance with applicable Federal and state laws and
regLdMiOnS to ensure that the DBE"s IUIVC the, 01111MIL111ity to compete 1"or and pert"orril
COMRICLS. irldUding bUt scat limited to 2 C".I R, §200.32 1. The COUNTY and the
CONTRAC"FOR. and subcontractors shall not discriminate on the basis (A' race, color, C
national origin, or sex in the award and performance of'contracts, entered pursuant to this E
'a
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Agreement, CONjRA( 'TING WITH SMALL AND NENORITY BI,JSINI.-'SSI','S, 0
.......... E
WOMEN'S BUSIM.-ISS ENJ,ERT R,ISI,,,,,, ANj)LL,,AB(.)IZ SLIRP1.1jS AREA FIRMS.
al If' the CIONTRAC"I"'OR, with the I'Linds authorized by this Agreement, C
0
seeks to subcontract goods or services, then, in accordance with 2 CJ-".R. §200321, the 0
c"ON'TRM TOR shall take the Following al"firrnative steps to assure that minority U)
C
businesses, wornens business enterprises, and labor surphis area firms are used whenever 0
E
P-Qssible: 2D
(n
i. Placing qUallfied small and minority businesses and wonien's
business enterprises on solicitation lists,
ii. Assuring that sniall and minority businesses, anti wonicri's, C14
bUSIncss enterprises are solicitcd whenever they are potential sources, LO
iii, Dividing towl IT(JUirements, when econoMiully Icarsa.Ial.r m inu.) C
smaller tasks or quantities to purnit niaxinium participation by small and minority, E
businesses, and wonlen's business enterprises; C
0
E
iv. Fstablishing delivery schedules, \_vji,ere the re Wrement-P, mit,",-
which encouragc, participation by small and minority businesses, and women's
business enterprises; U-
V. IJsing services at)(] assistaticc'. of such organizations C
as the Sinall, Business Adniinistration atid the Minority Business Developnient E
Agency, of"the I)epar-tincrit o I"Coninierce
40.17 Fhc ON TRACTOR is bound by the terms and conditions of the Federally-
f"UndCd Subaward and Grant Agreement betwecti County and the Florida Division of
F mergency Management (Division).
40.18 'I'lie (,'ON`IRA('T()R shall hold (tic Division and County harmless against all clainis
ot' whatever rtature arising ow of the ("ONTRAC"'FOR'S perform,,ince (A' work undcr this
Agreement, to the extend allow and required by law,
Packet Pg.492
9. In all as respects., the remaining terms cif' 1he Original Agreenient dated April 20
2016, not inconsistent herewith, shall reinain in full f6rce and ctlM.
IN WITNESS NVI-IEI*',0F. the parties have hereunto set their hands and scaL the (Jay
and year first written above.
(SEAL) BOARD 01" ("OUNTY COMMISSIONI,
Attest�: KEVIN MAD0K. CI UAK 0 1` M ON R 0 F' CO U NTY,, F I A)R I D A
E
fly: .. . ..... ...........
Def)Llty
E
Date: Date: 01-5) 1 0 K:5�5,
0
U)
Witnesses liar CONTRACTOR: CO N'I R A C TO R:
SIF"Aff"NS INDUSTRY, INC.
0 00
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Signattifc'�f'per 0 ithori;.e" d to
IcgalAy hind ( orporation
Signature 1 D
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ate:----,
aY
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............. 4.......
Dat- Print Nanic and 'Fifle E
Address: E
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it d Ore
tj e I/) 1 1,
q'S'e� -3 4"q 66eno
A e a r
Telephone Number E
.............
Date
MONROE COUNTY ATTORNEYS OFFICE
AROR V�OVEP AS T R
CD 6�
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5-5 PATAICI'A EABLES
0,c:) ASSISTANT OUNVr ATT?NEY
ct: DA'
cat '_T_*L L
>_ L,.)C�,
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14
Packet Pg.493
STATE OF FLORIDA TRAWLER AGENCY ----
VOUCHER FOR REIMBURSEMENT HFA0Q1 'ERM
OF TRAVEL EXPENSE Ctieck One OFFICEWEMPLOYEE -NON-EMPLOYEEAND CONTRACTOR RES11DE or
In
pe")or Ac ja'q
M",Hour of Meals for Per Diern
Dale Travel Per1cormwil Departure Class o�r Acftja�l Class I
201 F3 From l"cant of Origin Purpose or Reason and Hour A�&B 1-(xiging C fvli
To Destination (14arno oil Conforprico) of Return Travel xparimms mimals cl, j
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SFatement of Benefits to tho Gtate:f(Donfeirenco or C onvenlion) e"Wurnn
To Total Total E 052
LESS ADVANCE RECEIVED
RevoMng r-LJI)d- Advanm
Chack No,
C14
Check Date Wavant No. LESS,CLASS C MEALS(Offil :rup
........................Agency Voucher No
Warrant Date NET AMOUNT 06�-
Stalemde Doc,No 4)
Agency Voucl"ter No,
—1h.—..".11dy(w—aft�maitho adeva—e"wma%*dvally—inturwl t�nvo-as nomm"y1favol wponws W1 Ow peAmplancoot opynReAdolies:memn"nce&A a Nasuant 10°W'w 7117MI asap Fto, E t—ilu—I"S
frw4wer'C"of 00AY"Atots"was dj w'y rmsjndl 10 aff4dar Mews 01,the aigermy any mdais or"iing MudW In as confarance v convankm fe0sitaw We have been tanew4K*a a*awve oavel was on offm < iness
dW ced Wom 1his�iavet CiaJol,and that this tlaim ts wtv and rurect qn evefy materimil"Woof and"f"uxllnmv dares every mespea WO the mqummah;01 fwcflon pulp'M'944 slate(I wawa.112UNoI,Fwi(sa Smutes SiJPERVISOR'S SlGNATURI
TRAVLLEH'S SIGNATURE. SUPERVISOR'S TlTLE-
DATE APPROVED-,
DA T"E PREPARED: TITLE-
FOR,AGENCY
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Travel Performed by Common Carrier or State Vehicle
This section u. red to lb�.,cn IV all le carrier is billed direell to 11 1
...................... ......... .... teJvY! - I
RU-niber or To Arnoun
State Vehicle Number
-----------
GENERAL INSTRUCTIONS
Class A Travel i nuous travel of24 hours or more z%wity frorn official i 111VAI(JUJTters, Breakfast J ex
Class Bi travel—Confinuous,travel of less 1hun 24 hours which involves overnight Luna i -..when travel begins Kforc oun
absence from official headquarters. Dinner---when iravd begins before K i
Class C travel—Travel for short or day trips where the traveler is nor away front his when travel occurs during liFw
official headquarters overnight.
NI)TE� No allowance shall be made for meals when travel is confirvid lo the city or town(if official headquitricrs or innraediu: cilini
business ourside the traveler's regular place of employment iftravirl expenses care appmoved and%ulch.speciall approval is notes ific
and Meals shall ble those prescribed by Section I 12.061,Florida Statutes,
Per Diem shall be composed at one-fourd'i of authorized rare for cacti quarter of frac6on thereof.
'I"ravel over a perrod ol'24 hours or n will
cycles,beginning at rnildnidw lass than 24-hour travel will be caterflaled oni the basis oill'ili-hour cycles, begoining at she hour ofdleparmiric from 'ra- ial I
hour of return should be shown for all travel, When claiming per churn,she mcal allow.ance coluntns should not bt used.
Claims for aclituill lodging at the Single UCLUpanCy rare plus meal allowances should include she corrunercial lodging expenses in site,-P E demo
column and incluldc lhc appropriate meal allowances in the""Mauls for Class A & B Trivicl"column,
Claims for meal allowances involving trowel d'vo did not require the traveler to be away froni hiis headquarters ovcrnighs should be ind 0 a I tri
Vicinity travel must appear in the separate column, When travel iis by corninion carrier and';billed directly to the traveler,the amount al 5 scri
" 4) itartOther Expenses"column. A copy of the ticket or invoice should be to this form. If travel is by common carricir and hilled directly lo (J)
by Common Carrier OF'SIMU Whicle"section above should he Completed, The nanw oil the cornmon carrier,should be inserted in she"Map Mr U) :CL
Juil;fification must be provided Rill-use ol'a nun-contract airfine,(or one olkiring equat or lesser rates than lite contract airline)or rental car(or or 0 vint
carriers are availablic, must be provided for use i a rental car larger titan a Class"B"car, E
If Iravel is performed by title use of as Sue-owned vehicle,,the word"Stale"should be inserled in the"'Map Mileage Claimed"coluom ke rc
above sectic)n designated as"Travel Performed by Common Carrier or State Vehicle"should be completed,
Incidentai Irtivel cxjwnscs which may be reimbursed include:sa)reasonable taxi fare,(b)ferry fares and,bridge, ri and tunnel tells, tora
and telegraph expenses,and (c),convention oi conference registration fee. if rricals are included in the registration fee,per diern should he re in CD tcco
obtained whien possible. Vil
The official Department ol'Transporiation map should be used in computing rinleage clainted from point oll'origin lo diustin.-ifion:where pus
If travel is con'sphrnewary,tire abbreviation"Colilp",Should be inserted!in the"Mari Mileage Chainied"column. No otilvage is allowc
When any State employee is stal sorted in any city or town for as period of over 30,conseculive work days,such city or town shall be ilea lol
shall not be allowed filer diem orsubsisterice after the period of 30 consectifive days has elapsed,unless Lxrended by the approval of the agency E
if travel is to,a conference or convemion, 1he"Sualenacta of Benefils, to the.State"section must be completed or a copy oaf the Authoriz to
AA-1 3, runs(be attached, Additionally,a coply of the agenda and registration reccips,must be allachied.
Ay fraudulcm clairn for rnileage,per dicin,or other lravel expense is prosecution
subject to prosecutn as a noSAICITIcanor. E
n
GFRALD LF,,WIS
Comptrollerou
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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
0
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
U)
r-
This (2) two year Agreement is made and entered into this 20th day of April, 2016, 0
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.
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2. SCOPE OF THE WORK
A. BUILDING AUTOMATION SYSTEM DEVICES(APPROXIMATES
BUILDI N G _ SYSTEM DESCRIPTION QUANTITYTw
#UNITS)a z
MONROE COUNTY Apogee VARIABLE AIR VOLUME 26
DETENTION CENTER (VAV)WITHOUT HEAT a
MONROE COUNTY Apogee VAV WITH ELECTRIC 5
DETENTION CENTER HEAT
MONROE COUNTY Apogee VAV WITH FAN & 9
DETENTION CENTER ELECTRIC HEAT
.. _ _.......................
.._.....
MONROE COUNTY Apogee CONSTANT VOLUME 14
DETENTION CENTER WITH ELECTRIC HEAT s
MONROE COUNTY Apogee FAN COIL UNITS �2-9
_ ..... HANDLING UNITS I 1 DETENTION CENTER AIR H._ __.. G... ......... ..........................._............................
FF' ADMINISTRATION Apogee VAV WITHOUT HEAT 27 �'
BUILDING AIR HANDLING UNITS 1
MONROE COUNTY JUVENILE Apogee VAV WITH FAN & 31 E
JUSTICE BUILDING ELECTRIC HEAT
AIR HANDLING UNITS 4
E
...a... -_- -_....-
_
MONROE COUNTY Apogee VAV WITH FAN & 22
GOVERNMENT CENTER ELECTRIC HEAT
AIR HANDLING UNITS 3
_ ....... ...
MONROE COUNTY MEDICAL Summit VAV WITH FAN & 7
EXAMINER'S OFFICE ELECTRIC HEAT
AIR HANDLING UNITS 4
B. FIRE SYSTEM DEVICES PER BUILDING A PROXIMATE
MONROE COUNTY DETENTION CENTER.—Siemens FireFin er X�LS
Smoke Detectors 297
Heat Detectors 38 E
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
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Duct Detectors(Smoke) 3
Manual Pull Switches 6
Tamper Switches 5
Flow Switches 5
MONK E COUNTY COURTHOUSE ANNEX -EST SYSTEM.
IRC-3 Panel 1
Pull Stations 18
Ion Detectors 75
Photo Detectors 5
Duct Detector Modules 7
Thermal Detectors 8
Water Flow Modules 4
Supervisory Valve Modules 9
Control Modules(AHU Shutdown, Elevator Recall) 10
Main Controller 1 as
Remote Zone Module 1 0
Zone Addressable System Card 2
MONROE COUNTY JUVENILE JUSTICE BUILDING EST SYSTEM
Photo Smoke Duct Detectors 12
Ion Smoke Detectors 1
Photo Smoke Detectors 96
Heat Detectors 17
Water Flow Switches 4
Pull Stations 15
3. S ECIFICATI NS—TESTING CERTFICATION AND MAINTENANCE lv
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.
3
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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.
0
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 E
components as may be necessary. Components that are suspected of being (n
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. U)
6) FIRE DOOR EGRESS SYSTEM (FEAR): E
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 E
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: 0
The CONTRACTOR shall backup each field panel database and (n
system file one(1) time per year. In the event of memory toss, the
CONTRACTOR shall reload the database from the current backup 0
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: 0
ro
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:
0
a) DIAGNOSTIC SERVICES:
The CONTRACTOR shall provide technical expertise to ensure
system reliability and occupant comfort. CONTRACTOR shall 0
review the operation of the equipment, assist in analyzing and 0
troubleshooting problems, and make recommendations to optimize
the building control performance within the functional limits of the
system.
cv
b) OPERATING INSPECTIONS:
U)
CONTRACTOR shall provide quarterly routine scheduled 0
operating inspections to check system performance and equipment 0
operating controls, to evaluate system efficiency and reliability.
c) ANNUAL SERVICES:
0
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:
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b
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. 0
8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT:
The CONTRACTOR shall repair or replace failed or worn components to E
maintain the system in peak operating condition. Upgrade equipment by (n
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 cv
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: e
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.
7
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+ 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).
0
c) Firefi hter's Smoke Control Station FSCS Test: The
CONTRACTOR shall test to verify operation of the FSCS by U)
placing each FSCS switch into each of its active positions and
observing the actual status or position of the corresponding smoke E
control equipment. (n
d) Smoke Control System FS S 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 E
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. E
• Check the time and reset if necessary.
lv
• Visually inspect FSCS cabinet and observe operating environment.
e) Smoke Control System CgntrLDI Test per Smoke Control ;done: The
CONTRACTOR shall perform the following:
0
• 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
8
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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 E
in advance to prevent system failure. CONTRACTOR shall provide cost
estimates of such repairs or replacement for OWNER's approval. E
Reimbursement shall be in accordance with this agreement.
D. LOCATION: Sheriffs Administration Building
5525 College Road (n
Stock Island,Key West, FL 33040
SYSTEM: Fire Alarm System-EST 0
The CONTRACTOR shall furnish all labor, equipment and documentation to 05
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:
U)
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. 0
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
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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: 0
1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: (n
U)
The CONTRACTOR shall provide system and software troubleshooting 0
and diagnostics via modem or remote log in per permissions of the E
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 0
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
10
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Packet Pg. 505
C.10.c
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: E
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 U)
days. The CONTRACTOR shall provide quarterly documentation
in the form of a physical and soft logbook ensuring that the updates E
and patches have been performed. its
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 U)
system was modified, the value modified and the time of 0
modifications. 0
ro
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 2
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
�t
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Packet Pg. 506
_........................... ................................. ............ .......... ............. ..........
C.10.c
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. n
7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES E
The CONTRACTOR shall provide on-line response within two (2) hours its
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.
U)
8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: E
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 0
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
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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 E
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 E
maintain the system in peak operating condition. Upgrade equipment by (n
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 E
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: z
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: E
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
raft-Agreement—34/16
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C.10.c
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. U)
H. LOCATION: Monroe County Juvenile Justice Building 2
5503 College Road (n
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
Packet P5. 509
C.10.c
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. (n
U)
e) SOFTWARE CONSULTATION:
The CONTRACTOR shall provide software consultation to assist 2
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 U)
serves to the latest version,revision or update every quarter. If any
security vulnerabilities are discovered, the CONTRACTOR shall E
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
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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 E
OWNER. Equipment shall include but not be limited to all AHUs,
VAVs, FCUs,VFDs,dampers and controllers.
5) SYSTEM PREVENTATIVE MAINTENANCE (n
U)
The CONTRACTOR shall develop and perform scheduled preventative
maintenance on a quarterly basis in accordance with a program of standard E
maintenance routines as determined by the manufacturer's (n
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.
0
8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: z
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
Packet Pg. 511
C.10.c
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: 0
The CONTRACTOR shall provide unlimited consultation to assist the
OWNER in identifying, verifying, and resolving problems found in
executing system tasks.
3) SOFTWARE SERVICES: (n
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. E
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
CD
CONTRACTOR shall reload the database from the current backup
copy.
c) FIELD PANEL DATABASE DIAGNOSTICS:
The CONTRACTOR shall perform field panel diagnostics, analyze
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the results and make recommendations to optimize building control 4)
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.
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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 U)
review the operation of the equipment, assist in analyzing and
troubleshooting problems, and make recommendations to optimize E
the building control performance within the functional limits of the (n
system.
b) OPERATING INSPECTIONS: cv
CONTRACTOR shall provide scheduled operating inspection to
U)
check system perfonnance and equipment operating controls, to
evaluate system efficiency and reliability. E
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 2
controllers.
0
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
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C.10.c
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 E
maintain the system in peak operating condition. Upgrade equipment by
systematically modernizing existing components as may be necessary. E
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. (n
U)
J. LOCATION: Monroe County Medical Examiner's Office E
56639 Overseas Highway,Crawl Key (n
Marathon,FL 33050
SYSTEM: Building Automation System(Trane Tracer Summit)
The CONTRACTOR shall furnish all labor, material, equipment and U)
documentation to comply with accepted service requirements for the certification, 0
maintenance, and testing of the Monroe County Medical Examiner's Office 0
Building Automation System, including but not limited to the following: ro
1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: E
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 0
executing system tasks. z
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
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C.10.c
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 E
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. (n
U)
e) SOFTWARE CONSULTATION:
The CONTRACTOR shall provide software consultation to assist
the operator(s) in identifying, verifying and resolving software `n
problems found in executing system tasks.
f) SOFTWARE UPGRADES:
The CONTRACTOR shall patch the control system and associated U)
serves to the latest version,revision or update every quarter. If any
security vulnerabilities are discovered, the CONTRACTOR shall E
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
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C.10.c
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: (n
U)
The CONTRACTOR shall develop and perform scheduled preventative 0
maintenance on a quarterly basis in accordance with a program of standard E
maintenance routines as determined by the manufacturer's (n
recommendations and reviewed by the OWNER.
6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION: cv
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 E
implement the quality assurance program.
7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES: E
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 2
request.
0
8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: z
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
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C.10.c
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.
U)
N. QUALITY ASSURANCE PROGRAM
The CONTRACTOR shall meet the OWNER on a semi-annual basis to evaluate E
system performance and OWNER's satisfaction with the quality of service that is (n
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 U)
recommended by the Manufacturer. The maintenance criteria and procedures
shall be formatted under major headings of which is then to be incorporated into a E
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. E
O. STAFFING
The CONTRACTOR shall provide sufficient numbers of qualified personnel
co
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 0
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
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C.10.c
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 E
systems against deterioration and to maintain the aesthetic quality of the facilities.
The CONTRACTOR shall correct any material deficiencies, inefficient operation E
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 (n
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 a
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 N
interfere with the effectiveness of such warranties.
U)
R. FINES AND PENALTIES
The CONTRACTOR shall be liable for the following: ) Y 1 An 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 o
fines or civil penalties are the direct result of an act or omission of the Z
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.
23
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C.10.c
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 0
brought into this facility,the act is considered to be an Introduction of Contraband 2
which is punishable by law. The minimum action that a CONTRACTOR may (n
expect from the Monroe County Sheriffs Office for Introduction of Contraband is
to be permanently barred from future entrance to the facility.
cv
U. SPECIFICATIONS U)
The specifications contained herein are considered the minimum standards 0
required. The maintenance of the systems shall comply with all applicable 0
ro
Federal, State, and Local codes and ordinances.
4. PAYMENTS TO CONTRACTOR E
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.
0
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
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C.10.c
and testing performed under the Contract Documents contained herein. The
Contract amount is as follows:
Monroe County Detention Center $ 77,467.00 per year
Sheriffs Administration Building $ 21,293.00 per year
Key West Courthouse Annex $6 655.00 per year
Monroe County Juvenile Justice Building $ 33,803.00 per year
Monroe County Government Center $ 14,510.00 per year
Medical Examiner's Office $ 8,331.00 per year
TOTAL $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 05
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 0
warranty or not, freight invoices must accompany requests for payment. If E
the CONTRACTOR and the Manufacturer are the same entity,
CONTRACTOR shall confirm and provide the COUNTY with best
customer pricing status. E
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: e
$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
25
Packet Pg. 520
C.10.c
$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
$2QQ,O0 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: 0
Monday thru Friday = 1.5 times the appropriate rate
U)
Saturdays = 1.5 times the appropriate rate 0
Sundays and Holidays= 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" 0
pricing as published in the current Siemens Fire Safety Price List. ro
e) Third party vendor Material/Components shall receive a E
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- 0
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 term. Unless the contract
clearly indicates otherwise,references to the"term"of this Agreement shall mean the initial term
of one year.
26
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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
0
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles U)
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 E
records purposes during the term of the Agreement and for four years following the termination (n
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 byIr-
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. ]MOLD HARMLESS,INDEMNIFICATION AND INSURANCE e
Notwithstanding any minimum insurance requirements prescribed elsewhere in this Z
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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C.10.c
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 E
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 U)
$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 E
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. 00.00 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
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C.10.c
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
0
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
U)
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- cv
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 o
Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject z
matter of, this Agreement..
13. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by reference
into any assignment or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
14. COMPLIANCE WITH LAW AND LICENSE REQUIREMMENTS
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C.10.c
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. E
15. DISCLOSURE AND CONFLICT OF INTEREST E
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 U)
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, 0
solicitation or acceptance of gifts; doing business with one's agency; unauthorized 05
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
N
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, 0
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, 0
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, 2
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 Z
would impair its ability to fulfill the terms of this contract.
17. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand E
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt c
requested,to the following:
FOR COUNTY: FOR CONTRACTOR:
Monroe County Siemens Industry, Inc.
Project Management/Facilities Joe Summerlin
1100 Simonton Street 3021 N. Commerce Parkway
Key West, FL 33040 Miramar, FL 33025
30
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C.10.c
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 0
withholding,related to services rendered under this agreement.
U)
19. TERMINATION E
A. The COUNTY may terminate this Agreement with or without cause prior to the (n
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 (n
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
31
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Packet Pg. 526
C.10.c
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. E
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 0
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 0
Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and 2
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 E
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
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C.10.c
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 E
all applications, requests, grant proposals, and funding solicitations shall be approved by each
party prior to submission. E
29. PRIVILEGES AND IMMUNITIES
c�
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 E
COUNTY, when performing their respective functions under this Agreement within the 2
territorial limits of the COUNTY shall apply to the same degree and extent to the performance of (n
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 E
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 E
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 c
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of Z
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 E
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
32. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
33
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,
C.10.c
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.
0
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 0
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 cv
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 terns 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
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p C.10.c
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 of or accounting for the other counterparts,be deemed an original contract.
a BOARD )FCO. NT COMMISSIONERS
s ILIN,CLERK OF MON , O
01.9 ..` '°.. B
erk M
Date: Date:
0
Witnesses for CONTRACTOR:.
t Si store of person authorized to E
ignature legally bind Corporation
Date:
David Seraikas
mm Vice President cv
Date Print Name and Title
Siemens Industry, Inc.
Address:3021 N Commerce Parkway E
Signature Miramar, FL 33025
954-364-6600
Telephone Number �� •w w
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Date.......
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ATl'ORE
PP RO"�E. TO pORM
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35
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Packet Pg. 530