2nd Amendment 04/17/2019 �P.SaYY CYOUE•O Kevin Madok, CPA
• to
;o•• : Clerk of the Circuit Court&Comptroller—Monroe County, Florida
~fie coY�
DATE: May 8, 2019
TO: Alice Steryou
Contract Monitor
i
FROM: Pamela G. Hanc Any.C.
SUBJECT: April 17th BOCC Meeting
Enclosed are two duplicate originals of Item C10, 2nd 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, for your handling.
Should you have any questions,please feel free to contact me at(305) 292-3550. Thank
you.
cc: Facilities Supervisor
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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
MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND
BUILDING AUTOMATION SYSTEM
MONROE COUNTY(MARATHON) GOVERNMENT CENTER: BUILDING
AUTOMATION SYSTEM
MONROE COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION
SYSTEM
This 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
purposes of this Agreement is 3021 N. Commerce Parkway, Miramar,Florida 33025,and whose
mailing address for payment is 1000 Deerfield Parkway,Buffalo Grove,Illinois 60089-4513.
WHEREAS,the parties hereto did on April 20,2016,enter into a testing,certification,and
maintenance agreement(hereinafter"Original Agreement");and
WHEREAS, the parties hereto did on May 16, 2018, to enter into a First Amendment to
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
•
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
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
except those identified herein as "Corrective Maintenance and Component Replacement"
("Additional Services") on a per quarterly, in arrears basis on or before the 1st 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
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
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
7
•
•
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.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and
rst written above.
A;;, .
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o BOARD OF COUNTY COMMISSIONERS
''EVIN MADOK, CLERK OF MON - CO Y,FLORIDA
roe, OVNt•
By:
Deputy Clerk ayor
Date: G � I�t -212 ' Date: G 7 iv I �1 co=c-; - , .
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I -'C): X7r
Witnesses for CONTRACTOR: CONTRACTOR: --'c ..
SIEMEN U Y, INC. :.<;-, .c. c,...
J -2R(7 Signature of person authorized to
Signat/ Ck-A. a Katherine Nierman legally bind Corporation
I Branch FBA Date: 3-2-V-Z61 Z
Dan Mathewson
I I Branch General Manager
Date Print Name and Title
Siemens Industry, Inc.
tc0.6 CLAA-v-1 Pi , lC,U Address: 3021 N Commerce Parkway ,
Signature Miramar, FL 33025 Nebleasobeeteeit
954-364-6600
��I`n Telephone Number
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Date MON 0E COUNTY ATTORNEYS OFFICE
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PATRICIA EABLES
ASSISTAncourgy AtTORNEY
DATE: "t-Z 1-1
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_A2 CERTIFICATE OF LIABILITY INSURANCE ---DATE(MMIUDlYYYY)
05102/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
i REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED the=policy(ios)must have ADDITIONAL INSURED provisions or be endorsed. `
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,.certain policies may require an endorsement. A statement on
this certI ificate does not confer rights to the certificate holder.in lieu of suchendorseinent(`
s)s
__. .--_._. - - - .. i CONTACT . .
PRODUCER NAME, Marsh USA,Inc,
MARSH USA,INC.
PHONE.-. FAX -
' 445 SOUTH STREET (A/O WOW.' -(973)401 500Q �tA/C,,Not, _
MORRISTOWN,NJ 07960-6454 � E-MAIL
ADDRESS.._. _ - _. . _._ - -
100129-SBT INSURERS AFEORDING.COVERAGE ___ .. NA(G
-18/19 228 GRAM NOC60
_INSURER A:HDI Global Insurance_GtimLanp . 41343
INSURED 1 Travelers Pro co of America-._ 25674_,
SIEMENS INDUSTRY,INC. INSURER B:. rave Pa� Y
Casual l
1000 DEERFIELD PARKWAY INSURER C.:The Travelers Indemnity
BUFFALO GROVE,IL 60089-4513 INSURER.D:__.__.,._____
' j INSURER E:_I __:
I INSURER F: ____, _ .. -, . _ ,.
COVERAGES CERTIFICATE NUMBER: NYC-009184004-15_ REVISION NUMBER: . _ -
THIS ISjTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED'BELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS• ' I
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.P LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR —.- II NSD S�BR - _ -- ..— - -__ _
.LTR I TYPE OF INSURANCE POLICY EFF' POLICY EXP -
AX L'NNP POLICY NUMBER '(MMIDDfYYYY1I(MMf00lYYYY) LIMITS
A.
X COIHMERCIAL GENERAL UAeam GLD11101-10 10/01I2018 10/01/2019 EACH OCCURRENCE_. ._,$ .. _ 1,000,000
r DAVAGE-TOitENJEDn.
' CLAIMS-MADE X OCCUR
f ,- -- _ PREMISES'(En,-•-,,nc�,rreneo)-"-_-$----- 1,000,000
,
100 000
MED EXP(My one person)_ $.__._ -_ ::. --.
PERSONAL 8 ADV INJURY _ 5 _ 1,000,000
S. _
GENL-AGGREGATE LIMIT APPLIES PER: �GENERALAGGREGATE $ 10,000,000 '
X POLICY jEcT LOC PRODUCTS-COMP/OP AGG_rS _ INCL JECT
11 o7HER .. .- . .. . I$
B ; AUTOMoalLEuaensfY - -.X ':TC2J-CAP7440L34A-18 10/01/2018 -- 10/0112019 COMBINED SINGLE LIMIT - $ 2,000,000
• (Eu:aookdentt_
X ANY AUTO BODILY INJURY(Per person) .S
N/A
X OWNED SCHEDULED \ A{�P $Y A)S .BODILY INJURY Per accident) S N/A
AUTOS ONLY AUTOS T, _ ,
X HIRED -X NON-OWNED //,�/ ipR-DPERTYDAr.IA GE $ — N/A
.AUTOS ONLY AUTOS ONLY gY G V• (P.gii: d• enty. _, _
_ UMBRELLA LIAB OCCUR_ X DATE"" - - - '
P_ EACH OCCURRENCE $_
V EXCESSLIAB ,• .. CLAIMS-MADE WAWA YES_ CC' AGGREGATE 5 '
DED I___. .RETENTIONS ~
B WORKERS COMPENSATION -TC2J•UB=8049X508=18(AOS) -_ -- 10/0112018 10/01/2019 X'I PER -I oTH= - - -
C AND EMPLOYERS'LIABILITY ,�,�N STATUTE .ER ANYPROPRIETOR/PARTNER/EXECUTIVE - TRK-UB-8049X51A-16(AZ,MA,OR,WI) 10/0112018 10/01/2019 E,L.EACH ACCIDENT .$ _
1,000,000
B OFFICER/MEMBEREXCLUDED? ,.N N/A _ - I
(Mandatory in NH) TWXJ-UB-7440L338-18(OH&WA) 10/01/2018 10/0112019 E,L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,,describe under - -------
""'$S-. LIMIT/- - SIR"- ..
DESCRIPTION OF OPERATIONS below � _ El_DISEASE-POLICY LIMIT 5' 1,000,000
--
m -'DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) -
MONROE COUNTY BOCC 1100 SIMONTON STREET KEY WEST,FL 33040 IS INCLUDED AS ADDITIONAL INSURED UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY
INSURANCE POLICIES,BUT ONLY WITH RESPECT TO ALL WORK PERFORMED BY AND ON BEHALF OF THE NAMED INSURED,SIEMENS INDUSTRY,INC.FOR CERTIFICATE HOLDER UNDER
CONTRACT.
''IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TC
60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT,WHICHEVER IS LESS,
- _
•
CERTIFICATE-HOLDER: . _ CANCELLATION '
MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
1100 SIMONTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS.
-AUTHORIZED REPRESENTATIVE -- - -
of Marsh USA Inc.
I Manashi Mukherjee �CaAnvo►.�
'C)1988-2011i ACORD CORPORATION. All rights reserved.'
ACORD
25(2016/03) The ACORD name and logo are registered marks of ACORD