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Item P09 � P.9 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting May 20, 2020 Agenda Item Number: P.9 Agenda Item Summary #6824 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549 None AGENDA ITEM WORDING: Approval of a Third 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 third renewal option, retro-active to April 20, 2020 at a cost of$168,606.01, plus repairs. 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 Third Amendment to the Agreement with Siemens, which exercises the third of three (3) optional one (1) year renewals. The new term would commence retroactive to April 20, 2020, and terminate on April 19, 2021. This Amendment is at an annual cost of $168,606.01, plus repairs not to exceed $60,000 per contract year. The rates will remain the same with no CPI-increase due to unexpected expenses of the County for the Covid-19 crisis. 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 Administration Building EST system, amended its Agreement as to the Packet Pg. 3001 P.9 Public Records compliance, Non-Discrimination compliance, and Federal Required Contract Provisions. April 17, 2019 BOCC approved the Second Amendment to the Siemens Agreement for a one-year renewal and a 1.9 % CPI-U increase and added new statutory language as to scrutinized companies. CONTRACT/AGREEMENT CHANGES: One (1)year renewal commencing retro-active to April 20, 2020, STAFF RECOMMENDATION: Approval DOCUMENTATION: Third Amendment to Agreement(5-20-2020 (final) Secod Amendment 04/17/2019 First Amendment(5/16/2018) Final Negotiated Bid Agreement Siemens (4-20-16) FINANCIAL IMPACT: Effective Date: 04/20/2020 (retroactive) Expiration Date: 04/19/2021 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: Due to COVID-19 loss of revenue, this amendment does not include a CPI-U increase of 2.3%. 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 Packet Pg. 3002 P.9 Total: $228,606.01 REVIEWED BY: Patricia Eables Completed 05/12/2020 1:48 PM William DeSantis Completed 05/12/2020 3:05 PM Dan Bensley Completed 05/12/2020 3:22 PM Purchasing Completed 05/12/2020 3:31 PM Budget and Finance Completed 05/12/2020 5:14 PM Maria Slavik Completed 05/12/2020 5:33 PM Kathy Peters Completed 05/12/2020 5:35 PM Board of County Commissioners Pending 05/20/2020 9:00 AM Packet Pg. 3003 P.9.ai THIRD 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 E MONROE COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION SYSTEM This Third Amendment to Agreement is made and entered into this 20th day of May, 2020, CD 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 E Technology Drive, Alpharetta., Georgia 30005, and whose mailing address for the purposes of this 2 Agreement is 3021 N. Commerce Parkway, Miramar, Florida 33025, and whose mailing address for payment is 1000 Deerfield Parkway, Buffalo Grove, Illinois 60089-4513. 0 WHEREAS,the parties hereto did on April 20,2016, enter into a testing, certification, and maintenance agreement(hereinafter"Original Agreement"); and E WHEREAS, the parties hereto did on May 16, 2018, 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, the parties hereto did on April 17, 2019, enter into a Second Amendment to extend the term of the Original Agreement for the second one (1) year renewal period, award an annual CPI adjustment, and amend its Agreement adding new statutory language as to scrutinized companies; and WHEREAS,the County desires to extend the term of the Original Agreement for the third and final renewal period; and i Packet Pg. 3004 P.9.ai WHEREAS, both parties find that it would be mutually beneficial to enter into this Third Amendment to extend the term of the Original Agreement for the third and final, one (1) year renewal period; 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 third of three (3) one-year options to renew the Original Agreement. The term of this Third Amendment will commence retroactive to April 20, 2020, and terminate April 19, 2021. m 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 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 a� herein. The Contract amount, effective April 20, 2020, remains as follows: v� Monroe County Detention Center $80,596.59 per year N Sheriffs Administration Building $22,153.21 per year Key West Courthouse Annex $ 6,923.86 per year c� 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 c 0 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. E IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year first written above. a� (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA < By: By: Deputy Clerk Mayor Date: Date: M,C),jgfR F_COUNTY ATTORNEY' OFFICE _:j2LED^5T FORM 4I AsztSTANT COUNTY ATTORNEY Packet Pg. 3005 P.9.ai Witnesses for CONTRACTOR: CONTRACTOR: SIEMENS INDUSTRY, INC. Signature of person authorized to Signature legally bind Corporation Date: Date Print Name and Title E �t Address: Signature y Telephone Number E Date N CD N 0 c w 3 Packet Pg. 3006 �P.SaYY CuOUE•O Kevin Madok, CPA = . •.p Clerk of the Circuit Court&Comptroller—Monroe County, Florida o . hR0$coYN . DATE: May 8, 2019 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc ck .C. SUBJECT: April 17'BOCC Meeting Enclosed are two duplicate originals of Item C10, 2nd Amendment to Agreement with W Siemens Industry, Inc. for"Fire Alarm System, Building Automation System, and Smoke Control System Testing, Certification, and Maintenance" for Corrections and oilier Facilities, exercising tie second renewal option, awarding a 1.996 CPI-U adjustment at a cost of$168,606.01, plus repairs, and adding new statutory language, for your liandling. Sliould you have any questions,please feel free to contact me at(305) 292-3550. Tliank m you. cV r. 0 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- Packet Pg. 3007 { P.9.b 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 2 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. 0 WHEREAS,the parties hereto did on April 20,2016,enter into a testing,certification,and W 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 t Packet Pg. 3008 . P.9.b 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 tern 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, E Subpart D,shall be revised as follows: 2 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 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 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 2 Packet Pg. 3009 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 �3 rst written above. v, BOARD OF COUNTY COMMISSIONERS m EVIN MADOK, CLERK OF MON CO Y,FLORIDA '® By: Deputy Clerk Wayor j Date: 1?I `7,0 t l Date: �7/u-C� !7 z° `j �a c-. p ' Y — CD 1-1 ` M CO C7.? I �7' :X7rrn `' � Witnesses for CONTRACTOR: CONTRACTOR: . SIEMEN U Y, INC. `` o... o Rl - •J. d - Signature of person authorized to /Signat" a Katherine Nierman legally bind Corporation Branch FBA Date: Dan Mathewson Branch General Manager Date Print Name and Title j Siemens Industry, Inc. C-vW- CLU-5t AJL- Address: 3021 N Commerce Parkway Si''naiure Miramar, FL 33025 I 954-364-6600 Telephone Number Date MON OE COUNTY ATTORNEYS OFFICE A OVER AS T 3 F A �/P . PATRICIA EABLES' ASSISTAN_COUWY ARORNEY DATE: 'i—Z.?" ( Packet Pg. 3010 , ( �,® --DATE(MMIUfJ%YYYY) �-` CERTIFICATE OF LIABILITY INSURANCE ?� 05102I2019 I 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 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the`certificate Holder is an ADDITIONAL INSURED the=policy(ios)must have ADDITIONAL INSURED provisions of 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 ceritiflcate does not confer rl'-hts to the certificate holder lieu of such Jiridor,.in seinent(` • 9 s� PRODUCER - _. --._ - I CONTACT .. M MARSH USA INC NAM arsh USA Inc, 446 SOUTH STREET PHONxI) (973)401 5000 (aC Nc MO.RRISTOWN,NJ 07960-6454 E-MAILADDR935 t __.. ;INSURER S AFFORDINGCOVERAGE NAICtF 100129-SBT-18l19 228 GRAM NOC60 INsuRER A:HDI Global Insurance C6m an _- 4.1343.. f-- - _ 25674_,.._ INSURED INSURER a Casualty.Co:ol'Amedca.. .. SIEMENS INDUSTRY,INC. --P_.lrt.; , 1000 DEERFIELD PARKWAY INSURER c.:The Travelers Indemnily.Company_ 25656 BUFFALO GROVE,IL 60089-4513 ; INSURER.D - .,-___ jINSURERE INSURER F: .. .. COVERAGES CERTIFICATE NUMBER: NYG009184004-15_ REVISION NUMBER: THIS IS PTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED HAVE 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS:_ MR ADD POLICY EFF' POLICY EXP „ R I TYPE OF INSURANCE POLICY NUMBER MMIDD I MOD YYY LIMITS A' X COMMERCIALGENERALLIABILIT/ N X GLD11101-10 10/0172018' 10/01l2019 E OCCURRENCE " rr EACH ENG ._.. ._5 - _ 1,000,000 CLAIMS-MADE-•OCCUR I7ATti,AGc`-r REiTrW I ,.1.,000,000 EI I MED EXP(Anyone person)_--_ 100,000 0) ._ $- , PERSONAL&ADV INJURY G£N'L,AGGREGATE LIMIT APPLIES PER: 'GENERAL AGGREGATE $ - 10,000,000 (yy X POLICY El'PRJECTE' LOC PRODUCTS-COMPIOPAGG_ S- . CD B AUTOMOBILELIAmuriY X TC2J-CAP 10/0112018 ` 10/0112019 COMBINED S INGLEiIMrT $ 2,000,000 X ANY AUTO _ 'BODILY INJURY(Per person) .S N/A CD X OWNED " SCHEDULED \ APP $Y A)S ,� .BODILY INJURY Per accident) S NIA AUTOS ONLY AUTOS � T, _ , X HIRED X NON-OWNED I(� ;•,TOPERTYD.MAGI= $ _ - NIA AUTOS ONLY AUTOS ONLY BY G x'.or iu,ldent.. 1 _._, .. UMBRELLA LIAR OCCUR X -" - - - - `(EACH OCCURRENCE EXCESS LIAB .. CLAIMS-MADE WAIVER - ym— C. ""A'GGREGATE S ' DED __. .RETENTIONS B WORKERS COMPENSATION .. TC2J-UB=B049X508-'18(AOS) 1 1 1 8 1 l01I2019 X,• PER ' '.OTH= C AND EMPLOYERS'LIABILITY �,IN .STATUTE ;ER _ U ANYPROPRIETORlPARTNERlEXECUTIVE TRK.UB-8049X51A-18(AZ,MA,OR,WI) 10/0112018 10/01/2019 1,000,000 0) B OFFICERIMEMBEREXCLUDED? •;(�• NIA E,L.EACH ACCIDENT $ ,�. (Mandatory TWXJ-UB-7440L338.18 OH&WA 10/01/2018 ,1010112019 E,L.DISEASE-EA EMPLOY' $ •• 9 ( ry in NH) ( ) 1,000,000 If yes,,describe under ",:,:,,:, - ------— "1,- ¢-' $SOOK LIMIT/5500K SIR"""" DESCRIPTION OF OPERATIONS below _ _- E,L DISEASE-POLICY LIMIT S, 1,000,000 i :"DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Addtiohal Remarks Schedule,maybe attached if more'space ieroquired) - ( 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.HOLQEE2: . CANCELLATION MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I KEY EST,FL STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. i ' AUTHORIZED REPRESENTATIVEof Marsh USA Inc. I Manashi Mukhedee �•LoL�nvor.. ©1988 2011i ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 3011 rr OJS GOURTB\l` r4� °AyYo�11?� Kevin Madok, CPA 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 Attached is an electronic copy of the executed agenda item listed below for your handling. C3 Board granted approval and authorized execution of a First Amendment to 2 Agreement for "Fire Alarm System, Building Automation System and Smoke Control U) 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. E c� 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. 3012 FIRST AMENDMENT TO AGREEMENT FOR TESTING, CERTIFICATION,ATION, AND MAINTENANCE MONROE COUNTY DETENTION CENTER: FIRE. ALARM SYSTEM, APOGE F BUILDING AUTOMATION SYSTEM (11VAC), AND SMOKE CONTROL SYSTEM SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYS I°EM (II VAC) KEY WEST COURT HOUSE ANNEX. FIRE ALARM SYSTEM MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILD]NG AUTOMATION SYSTEM � 1L'ONRO E COUNTY (MARATHON) GOVERNMENT CENTER: 13I=11,I)INC AUTOMA"FION SYSTEM Ck ON17C)E COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION as SYSTEM m '['his l"irst Amendment to Agreement is made and entered into (his 1 h day ctl' 2018, between MC}NtR(. E COUNTY, I-A.-ORIDA ("C0I.JNI`l Y" or . ,COWER"), a political cv subdivision of'the State of l"lorida, whose address is 1100 Simonton Street. Key West, Florida 040, and Siemens Industry, Inc. ("CONTRACTOR")l=liACTt)I~t") a Delaware corporation, authorized to do W business in the State of Florida as a Foreign Profit Corporation, whose principal address is 100 Technology Drive. Alpharetta, GeorgIl 30005, and v hose retailing address for the IatrrPcrscs of � this Agreement is 021 N. Corrtrtterce Parkway, Miramar_ Florida 33025, and whose mallin(I address f'or payment is 1000 Deerfield Parkway, BUI'f alo Grove. Illinois (r[089-451 , � WHEREAS, the parties hereto did on April 20. 2016, enter into a testimg. certifications and rttaintenanc:e agreement. (hereinafter"Ori�..irtal :�t`�.rs entcrtt' }; and WHEREAS. both parties find that it would be mutually beneficial to enter- into this First Amendment to extend the terns of the Original Agreement for the first one (1) year renewal period. and WHEREAS, the Contractor is entitled to an annual CPI adlustrnent as allowed tinder-the Aoreernent, and WHEREAS, the System at the Sheriff's Administration Building has been updated and the contract needs to reflect that the EST I` systems has been replaced with a Stemens sr stems; and WHEREAS, the C'orrnty desires to revise the IanQrrage curl authorized expenses to reflect current revisions pursuant to its ordimrnces: and I Packet Pg. 3013 W1I1-0aREAS, t"ountv desires to revise language in its contracts and/or afire iiients lair. Public Records compliance in accordance with Chapter H 9 of' the I loridaa Statutes pa rFsuarat to legislative revisions to Sec. 119.0701, Nvhich becsarrac el"Iectiv° March 8. 2016. and any subsequent changes thereto; an(,] WHEREAS, County' desires to revise the non-discrimination lan+otiagc in its contracts and"or a0 reement to update current revisions parrs ant to its ordinances: and ArIIEII.AS, (°craar7t ' desires to add required Federal Contract Provisions to its contracts and/or-aaoreement: and WHEREAS, Contractor agrees and consents to such revisions ill its Agreement to ensure Public Records compliance, Non-Discrimination compliance, and compliance with Federal � Required Contract Provisions re uirenients: and WHEREAS, the parties find it Mutually beneficial to amend its Agreement as to the Public Records compliance, Non-Discrimination compliance, and Federal Required Contract Provisions, an(] all other aforementioned revisions-, and NC)'171', THEREFORE, IN CONSIDERATION cal`tlae n7aa uaal promises and covenants 0) set Forth below* the parties agree as follows: m I. In accordance with Paragraph 5, •1 J`R. 01' ACiRl;1 C`"INT, the County exercisesco .� the first of three (3) one-year options to renew the Ork,Inal Agreement. '}lie terns of`this First T' Amendment will commence ora. April 20, 2018, and terminate April 19, 2019_ and the amount shall be ad.juste€f in accordance annually with the percentage claangc in the U.S. 13epaartment of" Commerce C'onsunier Price Index (CPI-I 1) for all I1rbaaii Consumers as reported by tlae f J.S. Bureau of Labor Statistics at December-31 cif'tlae previous year o1-2,1';��, � ?. Paragraph 3, Sill (A R'FlF1(.A"l l()N, AND MAINT NANCP. Subpart [). shall be revised onIN as f'611mvs vvitb all other provisions of Subpart D remaining the same: 1" 3. SPECIFICATIONS®TES"TING, CERTIFICATION AND MAINTENANCE 1).. LOCATION: Sherifrs Administration n Building � 5525 College Road Stack Island, Key West, FL 33040 SYSTEM: F irc Alarm System - Siemens 7. l aragral.ila 3, ` }'I.C"11 1C. I I(l srS-C"I S'1 lI� G. C'}:1� []F1C A l N. ��N AINTFINANCI , Subpart S. I JOURLY LA1`30R AND MARKUP RATE,', shall be revised as 1"ollovvs: S. 110URLY LA130R ANI) AIARKU1) RATE 11;aacla bid shall also contain an hourly labor rate for upgrades, repair or replacement work not within the scope ol`maintenance and testing and a markup rate for materialsand equipment 2 Packet Pg. 3014 furnished. l''vpenses for travel_ lodging, per diem, and rather authorized expenses shall be paid pursuant to Monroe County Cade of` Ordinances Sec.. 2-106 et serf. and Florida Statutes Sec. 11'1061. All repair work necessary requiring reimbursement fc-)r funding by the OWNER will require prior- approval by the OWNER unless it. Is deemed an emergency and the OWNER's representative cannot he contacted. In Such case. dOCUrarentation will he required certifying raterigency recltrirement immediately after-the fact. 4. Paragraph 4. subparagraphs C and 1). of` the Original Agreement are, therefore, aarnendcd to read as follows: . PAYMENTS TO CONTRACTOR C. Expenses for travel. lodging, per diem. and rather authorized expenses shall be pal pursuant to Monroe (.chanty Code cal'C)rdintances Sec. 2-106 et sect, and Florida Statute Sec. � 112.06 1. All travel expenses shall be reported can a State of Florida Voucher fear Reimbursement cal`Travel Expenses, as adapted by Monroe County, attached hereto as Exhibit "A" and rttade a _ part of this ALreerrient. D. COUN"F``a' shall pay" to the CONTRACTOR for the perf ar nance of" all � services except those identified herein as "Corrective Maintenance and Component �-- Replacement" ("Additional Services") on a per quarterly. in arrears basis on or bef'trr-e the l st day of' the f'ollow1m,9 month in three () month periods. he CONTRACTOR shall invoice the C'OUN"I``r' quarterly for the maintenance and testing performed tinder the LO Contract Documents contained herein. The Contract amount effective April 20, 201 , is as fcallmvs: Monroe County Detention Center $79.,093.8 1 per year Shrril'I's Administration 13trildinsg S21.740.15 per year Key West Cratartltcatase annex $ 6-794.76 per year — Monroe County Juvenile Justice BuIldliv, `IS34,512. 6 per ytear � Monroe County Government Center $1, ,81 .71 per year Crawl Key Medical Examiner's,Office S &505.95 per year TOTAL S 165,462.24 Annual 5. Paraa4gr.aaph 8. plJ13I.1C ACC FSS, of the t lriwoinal Agreement shall be revised as fcallovvs: 8.. PUBLIC" RECORDS (.70 cIPLI:ANCE Contractor nrtast c:oraaply with I'loridaa pUblic records laves, including but nett limited to C°hapter 119. f1orida Statutes and Section 2 of article I of the C'onStittrtion of` Florida. The County an(] Contractor shall allow ain(] permit rcaasonable access to, and inspection of` all documents, records, papers, letters or rather "public rccorcl raaaterials in its possession or tinder 3 Packet Pg. 3015 its control subJect to the provisions of Chapter 119. Florida Statutes, and made or received by the Countv! and Contractor in conjunction with this contract and related to contract performance. The Count) shall have tlae 6(1111. to unilaterally cancel this contract upon violation of` this provision by the Contractor. Failure of` the Contractor to abide by the terms of, this provision shall he deemed to material breach of this contract and the C:'€;rung may enforce the terms of'this provision in the form of a court proceeding and shall. as a prevailing party. be entitled to reimbursement of all attorneys fees and costs associated vv=ith that proceeding. This provision shall survive any termination or expiration ofthe contact. T'he Contractor is c rrc€ urtt ed to consult vv ith its advisors, about Florida Public Records I...,avv in order to comply with this provision. Pursuant to Fla. Stat. Section 1 19.070I and the terms and conditions of this contract, the � Contractor is required to: [I) keep an(] maintain public records that would he required by the County to perl'orn the service:.. (2) Upon receipt from tlae C.ouraty5s custodian of.'records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a E reasonable time tat a cost that does not exceed the cost provided in this chapter or as °' otherwise provided by lavv. W (3) FInsure that public records that are exempt or confidential and exempt fi-0111 public records disclosure requirements are not disclosed except as authorized by lave for tile duration of the contract term. and following completion of the contract if'the contractor dues not transfer the records to the County, � (` ) Upon completion of the contract transfer. at no cast, to the C€Minty all public � records in possession of the. Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon coraapleti€vn of`the contract, the Contractor- steal l destroy- any duplicate public records that are exempt or confidential and exempt from public records � disclosure requirements. If the; Contractor keeps and maintains public records upon � completion of the contract. the ("ontrtactor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CoLmty, Upon request from the County's custodian of records, in a format that is compatible with the inf€'rrmati€'rn technology systems of the C`otrraty. (5 A request to inspect or coley public records relating to to C"Lang contract must be nlade directly, to the County. but if the County does not possess the requested records, the Cotanty shall immediately notil'v the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time, :t Packet Pg. 3016 Ifthe Contractor does not cornply With tlae C'caa:rlaty'S a'eytaest for records, the County shall ent'orce tlae public records contract, provisions in accordance N ith the contract,, racatwithstaandiat the Countyf's 0l)ti011 arad r1011t Io Lill i lateral I v cancel this contract repeall. violation of this provision by the: Contractor. A Contractor who fails to provide the public records to the Counto cat. l,carstaant to a valid public records recicrest within as reasonable time may he sub.icct to pcnaltieS tender Section 1 19� 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or othei-wise provided in this provision or as otherwise l:aro ided by law. 11a' THE CONTRACTOR HASQUEs-nONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE C+U'"til'I'RA+UTOR'S DUTY TO PROVIDE PUBLIC" RECORDS REU,ATING TO THIS CONTRAICT � CONTACT T THE CUSTODIAN OF PUBLIC: RH C ORDS 131ZIAN BRAI)LEY AT PHONE 305-2 2-347 1 13RADLEY-BRIANt�r M0NROEC 0UN'rY-FL.GOV MONRO C OUNyTY AIT�T0,R.NI,;Y S OFFICE 1111 12 rrr Street SU1'1"1? =1Oti ICI-,Y WEST FL 33040. (. I'araoraph 12, NONDISCRIMINATION.ION. caf` the Ori�inaal Agreement is hereby amended to iraclalde the Belles,,viral; federal Required Contract Provisions. if aal pliccable: 12. NON DISCMRIMINATIONf U.AI, EMPLOYMENT_OPPORTUNITY A. CONTRACTOR aaracl (-OUI1sTY agree that there will be no discrimination against any, Berson, and it is expressly understood that tepees a determination � by a court cat C0111petent jurisdiction that discrimination has cacca.trred, this A�areernent aaatomaticaallr terminates W ithcaut any further action cal'the part of any party, effective the date of the court order. CONTRACTOR OR car C OL"INT aorees to comply with all Federal and I lorida statutes. and all local ordinances. as applicable. relating to nondiscrimination. "]'his iraclt.ide bUt are < not limited to: 1) Title VII ofthe Civil Rights Act of 1964 (PL, 88-3 2) \01ich prohibits discrimination on the basis caf race, color or national origin: 2) Title IX of' the Education .Anaendraaent of 1972, as amended (20 US(" ss. l(its l- 16 3, and 16 5-1t`86). which prohibits discrimination on the basis of sex, 3) Section 504 of the Rehabilitation .Act of 1973, as amended (20 USCy s. 794)_ which prohibits disc.r•iraaination on the basis of handicaps; 4) 'file Age Discrimination Act of 1975, as amended (42 USC ss. C 101-6107) rvlaich prohibits cliscrinlination on the basis (Wage: 5) The DrUg Abuse Office and Treatment Act of 1972 (PL 92- 55), as amended. relating to 11011discriaaaination oil tlae basis ofdrug abuse: 6) The Cryoraaprehensive Alcohol Packet Pg. 3017 Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 ab I6). as amended. relating to nondiscrimination on the basis of'alcohol abuse or alcoholism, 7) The public I lealth Service Act of 1912, ss. 523 and 527 (42 USC' ss. 90dd-3 and 290eca39. as amr:necd., relating to confidentiality of alcohol and drup abuse patient records; ) +I itle Vill of'Civ it RI-lats Act of. 1968 (42 t°SC° s. et sect.), as amended. relating to nondiscrimination in the sale, rental or financing cal laotrsin ; 9) The Americans with Disabilities Act of 1990 (aft f)SC' s. 1201 Note), as may be amended from time to time, relating to nondiscrimination of the: basis of disability. 10) Monroe County Code Chapter 14, Article. 11, which prohibits discrimination on the basis of race. color, sera_ religion, national origin. ancestry, sexual orientation. spender identity or expression. familial staters or-age: I IWj Any other nondiscrimination � provisions in any Federal or state statutes which maay apply to the parties to, or � the subject matter of. this Agreement. During, the performance of this Agreement, the CONTRACTOR. in accordance with Equol :rarlalr�t°menl Cllalxortarrair,v (30 Fed. Reg. 12319. 12933, 3 C.li.R_ fart. 1�64-196 Comp., p, 33 )as amended by Executive Order 1 1375, Arr ene.lrng L".vec°ulive 0r`cic'r' I1:.' 6 Relratrraa,, to Equol 1M`inlWovrr ent and implementing re"ralatioras at 'f I C.F.R.C'.I°.I�. Part 60 (Of ce of Federal Contract Compliance Programs, Lqual I?mployment Opportunity, Department of Labor), see 2 C.F.R. ['art 200. Appendix I1. C. aagrees as cv follows: 1) The CONTRACTOR aviII not discriminate against any employee or applicant W for employment because oi' race, color, relip,�'ion, sex, sexual orientation, � ;gender identity. or national origin. The CO1k'TRAC 1"OIL will take all-m—native action to ensure that applicants are employed, and that emplrar ces are treated � equally during employment, without regard to their race, color. religion, sera, sexuaai orientation. gender identity, or national origin. Such action shall include, but not be limited to the folloN ing: I:mploynaent, upgrading, demotion,. or transfer, recruitrarent orx recruitment advertising-, layoff car- a) termination. rates of. pay or other forms of` compensation. and selection for � training. including apprenticeship. The CONTRACTOR aaW. rees to past in conspicuous places, available to employees and alaaplicants for employment. notices to be provided by the contracting officer setting forth the provisions of. this nondiscrimination claausc. 2) The CONTRACTOR N i11, in all solicitations or advertisements Im erlaployees placed by or on behalf' of the C'ON'T RAC IT R. state that all qualified alaplicants i11 receive considerationfor eraaploya-rent without rega rd to rages, color, religion, sex, sexual orientation. gender identiIN, or national or ip n. 3) The CONTRACTOR TOR will not discharge or in any other manner discriminate against aanv cml�lo\-c;e or applicant for cmploti meat because such employee or applicant has inquired aabout, discussed. or disclosed the compensation ol'the 6 Packet Pg. 3018 employee or applicant or another-employee or applicant. This provision shall not apply to instances in which an employee, who has access to tlae compensation information of other employees or applicants as a part of sLrcla employyce's essential .job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosrare is in response to a formal complaint or charge, in furtherance of` all investigation, proceeding , hearing, or action. including ;.an Investigyation conducted by the: employer, or is consistent with the CONTRACTOR'S le4gal duty to furnish informat on, =11 The CONTRACTOR ACTOR will send to each labor union or representative 0f workers with which it has a collective bargaining agreement or ether- contract or understanding. a notice to be provided by the agency contracting officer. � advising the labor union or workers' representative of the CONTRAC:TOR'S commitments under section 202 of" Executive Order 11246 of September 24. 1965, and shall post copies of` the notice in conspicuous places available to employees and appl icants for employment. 5) The C ON fRAUl OR "ill comply with all provisions of` Executive Order 11246 of September- 24, 1965, and of the roles, regulations. and relevant E m orders of'the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by W Executive Order 11246 of September 24, 1965� and by tlae rules, regulations. CN and Larders taf` the Secretary of l.ttlscar- or pLrrsLaarat thereto. and will permit access to his books, records, and accounts by tlae contracting agency and the W Secretary of` labor liar purposes of`investigation to ascertain compliance mth � such I-Liles, regulations, and Larders, 71 111 the event of the CONTRACTOR'S non-compliance \kiIII tlae � nondiscrimination claLrses 01- this contract Or With any, of` sLrch rules. re(Yulations, or orders, this contract may be canceled, ternainatecl, oa-suspended in whole or in part and the CONTRACTOR may be declared ineligible Isar further Government contracts in accordance with procedures authorized in � Executive Order- 11246 of`September 24. 1965, and sucta other sanctions ra-rav � be imposed and remedies invoked as provided in Execartive Order- 112,46 of' September 24, 1965. or by r°arle. r-e(ILalation, or order ofthe Secretary of[.abor, or as other\vise provided by lay. 7. Paragraph 19, '1`1.RMIN!`.'I lON.. of the Original Agreement is hereby anaendetl to include the following Federal Required Contract Provisions, if applicable: 19. TERIMIN'A'1'ION 7 Packet Pg. 3019 A. In the event that the CONTRACTOR OR shall be found to be neolig�ent in an aspect of= service. the ("OUNTY shall have the right to terminate this Agreement after fire (5) darns' written notification to the CON"I'RAC'.TM K Either of the parties hereto may cancel this Agreement without cause b� ,Ivin(,,, the other party sixty(60) days' written notice ofits intention to do so. C. Termination fOr Cause and Reinedies: In the event of breach ofany contract terms. the COUNTY retains the right to terminate this Agreement. The C'C}ljN'I"Y may also terminate this Agreement for cause with CONTRACTOR should CON"TRAC"YOR fail to perform the covenants herein contained at the time and its the manner- herein provided.. III the eretlt of`sucla termination. prior to tern-ninatioi, the COUNTY shall prcrride CON`IT�AC"I'OR with fire (5) calendar clays` notice and provide the CONTRACTOR xrith are opportunity to care the breach that has occurred. If the m breach is not cured, the Aoreement will be terminated for cause. It' the COUNTY terminates this Agorcernent with the CONTRACTOR. C'()UNTY shall pay COIN l ItA(""I OR the sum clue the CONTRACTOR under this AIIlrccm cnt prior to termination, unless the east of completion to the COUNTY exceeds the funds remain im)- in the contract. however. the COUNTY reserves the right to assert and seek an offset f'or dan m-yes caused by the breach. The maxinru111 amount due to CONTRACTOR shall not in any event exceed the spending cap in this A4greement. .® In addition, the COUNTY reserves all rights available to recoup monies paid under CO this Agreement, irlc:luding the right ttr sue for breach of contract and Including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-7?1 et al. of the Monroe Cotnttv Code. W D. Termination for Convenience: The.: COUNTY may terminate this Agreement for � convenience, at am', time, upon sixty (Cats) clays' notice to CONTRACTOR. If the COUNTY terminates this Ao, reement with the CONTRACTOR, C 01,JN"TY shall pay � CON"I RAC'TOR the sum date the CONTRACTOR under this; Agreement prior to termination, unless the cost of con-pletion to the C OUN'l-.Y exceeds the funds remaining in the contract. The rnaximum arnount due t« C'ONTRAC°]OR shall not exceed the spendinWo cap in this Agreement. In addition, the COUNTY reserves all � rights available to recoup 111011ies paid under this Agreement, irtcltding the right to � sue Im- breach of°contract and including the right to pursue a ciaim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2-72 1 et al. of the. Monroe County Code. 8. The Original " �reement is hereby amencled to include the following identified as Paragraph 40. I"I";I LAAI.., CONTRACT I. liLQU114"M Ill.N S. to include the following 1=edenil Required Contract Provisions, il'applicable: 40. I't:1)E' AL ('(lC'v"TRACT Ri?t?UlRE ME'NT Packet Pg. 3020 The CONTRACTOR and its sub-contractors must Iollow the provisions as set forth in 7 C'ER. §3C)03"26 Contract provisions and Appendix 11 to Part 200, as amended.. including but not limited to: 40.1 Clean Air Act an([ the Federal Water Pollution Control Act. CONTRACTOR aagrees to comply with all applicable standards. orders, or regulations issued pursrrarat to the Clean ,Air .Act (42 U.S.C.'. 7401-7671q) and the federal Water I'crlltrticar7 Control ,fact. as amended (33 U.S.C. 1251-1387) and will report violations to Fl1It4:A and the Regioaaal Office of the L'Invironmentaal Protection Agency (FIIA). 40.2 Davis_-Bacon Act. as amended (40 U.S.C.,S_C� 141 31 ). When recluircd by Federal program legislation_, which includes emergency Management Preparedness Grant P rog ram, Homeland Security ('rant Pro ram, Nonprofit Security Grant Program, 'Eribal C Homeland Security Grant Program. Port Security Grant 11rograna and Transit Security E Grant Program, all prince consu-uctiora contracts in excess of 2,000 awarded by non- Federal entities must corm lyF with the Davis-13aacon Act (40 IJ.S.C. 3 14 13 144 and 3146- 3148) as supplemented by Dep ar'tr lent cal' Labor reo Ulations (`9 C FR Part 5, 1-aabor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted m Construction"). In accordance with tlae statute, CONTRACTORS raaust be required to paa wages to laborers and mechanics at a rate scat less than the prevailing wages spcciliecd in as W waoc determination made by the Secretary of Labor. ha addition, CONTRACTORS ORS must caa be required to pay vva{yes not less than once a week. If applicable, the COUNTY raaust place a copy of the current prevailing wage determination issued by tile: Department cif' W Labor in each solicitation. The decision to av\ard a contract or subcontract must be � conditioned upon the acceptance of the wage determination. The C:Cy(;NTY Must report all suspected or reported violations to the Fcderal awarding aa0 envy. When required by � Federal program legislation. which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Seeurity Grant Proo rare, 'cart Securivy Grant Program and Transit Security Grant Program (it does not apply to other l:lIMA grain and cooperative agreement � prMyranas, incltrdirag; tlae Public .Assistance Program).. the CONTRACTORS must also � comply] with the Copeland "Ante-Kickback- Act (40 U.S.0 3145), as supplemented by Department of Labor regulations (9 C"FR Part ,, "Contractors and Subcontractors can Public Building or Prablic Work Financed in Whole or In Part by Loans or Grants from the United States"). As required by the :Act, each CONTRACTOR OR or subr-ccipient is prohibited from inducing, by any paeans, any person employed in the construction, completion, Or repair of public work. to give up any part ol'the compensation to which lie or she is otherwise: entitled. The COUNTY must report all suspected or reported violations to the 1'ederal aawaardim, agency. The CONTRACTOR shall comply` Nvith 1 U.S.C. ;; 874. 4tJ U. S,C. § 3145, and tlae requirements of 29 C.F.R. pt. 3 as may he applicable. which are incorporated by reference into this contract. 9 Packet Pg. 3021 i) Subcontracts. The Ct)NTRA+CY BIZ. or subcontractor shall insert in an subcontracts the clause alcove rind such other- clauses as the 1 ELMA wa-tay by appropriate instructions rccltiirc, rncl also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR C"1 OR shall be responsible for the compliance by and., subcontractor or lower- tier subcontractor- with all of these contract clauses. ii) Breach. A breach of the contract clauses above may be grounds for termination of the contract. rand for- debarment as a contractor and subcontractor as provided in 29 C.[`.R. § 5.1?. 40.3 Contract Work Hours and Safety Star�ci�ri•d§ Wit ("1 [J S , Wc3701-37 ). Where applicable. which includes all FUNA ?rant and cooperative agreement programs, all � contracts axvarded by the C O JNTY in excess ol`'100.000 that involve the ernployrnent of mechanics or laborers must comply .vith 40 U S,C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C FR fart 5)• Under 40 U.S.C". 3702 of'the Act, each CONTRAC-FOR must coriilalrte the wa0 es cif` every mechanic and laborer- on the basis of a standard work week of Forty (40) hours. Work in excess of`the standard work week is permissible provided that the worker is compensated at a rate of not less than one m and a half times the basic rate of pay for all hours worked in excess cal`forty (40) hours in W the work week. `1"lie requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no taborer- or mechanic must be reClrrired to work in surroundings orCN under working conditions which are unsanitary,. hazardous, car dangerous. Ilaese requirements do not apply to the purchases Of`sufafslies or materials Or articles ordinarily W available on the open market, or contracts for- transportation or transmission cif' intelligence. 40.4 Ri0its to Inventions Nlade finder a Contract or Aiyreecrnent. 11'the. Federal award meets the definition of"funding agreement'" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small busirIess fir-nri or nonprollit C oroanization regarding tile substitution of parties, assigrinient or performance of m experimental, developmental, or research work Under that "funding a0 reenient," the � recipient or subrecilaient must comply with the requirements ol'37 CFR Part 401, "frights to Inventions Made by Nonlarofrt Organizaations and Small Business firms Under Government [rants, Contracts and Cooper<ad e Agree nients," and any implementing regulations issued by the ,awarding agency. 40.5 Cleary Air ?act (42 IJ SAC;. 7401mm-7671cl.). Water Pollution Control Act (33 U.S.C. 1251 3 7) as amended. Contracts and subgraaits of amounts in excess of$150,[)00 must comply with all applicable standards. orders, or regulations issued pursuant to the Clean Air Act (42 U S.C.. 7401-767lcl) and the F'cderal Water Pollution Control Act as amended (33 tI.S.C. 1 51-13 7). Violations must be reported to the federal awarding agency and the Rewgional Office of the Environmental Protection Agency (F.1'A). 10 Packet Pg. 3022 40.6 Debarment and SLIS rcrasion (k sccutive Carders ,12549 �a��rci._12689). :A conlr�ict. award (see ? CT'R 1 80 220) must not be made to parties I isted on the woov ernntent wide exclusions in the System for Award Management (SAN/11), in accordance with (lie ( V113 guidelines at ? CFR 180 that implement Executive Orders 12549 () C FR part 1986 Comp, p. 189) and 126 () (TR part 1989 Comp., p. 235), "Debarment rent and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies. as well as parties declared ineligible Under statutory or rcoula:atory authority other than Executive. Order 1 25493 40.7 Byrd nti- .obby,ing Amendment Q 1 U, S.C. 1352 . CONTRACTORS ORS that apply or bid for in award exceedin- $100.000 must file the required certification. E;rach tier � certifies to the tier above that it will not and has not used E:ccleral appropriated funds to pay arty person or organization for inflaaeraciraL-1 or atte111ptir10 to influence aart officer- or employee of"any agency, a member- of Congress. officer or employee of Congress, or an employee of as member of C."ongress in connection with obtaining any Federal contract. zgrant or any other award covered by I E1. .C� 1352. Flach tier must also disclose any lobbvirg with non-Federal funds that takes place in connection with obtaining any Federal award. SuCh disclosures are forwarded from tier to tier arp to tlae non-federal ') award. W cv 40.8 Cornol(ance with PI-OC ar._t:,nient of` recovered materials as_.set forth in `? C 1 1 200.312, CONTRACTOR must comply vv ith section 6002 of"the Solid Waste disposal W Act. as amendment by the ECesoarrce Conservation and Recovery Act. The requirements � of `section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency, (1`111A at 40 CPR part 247 that contain the highest � percentage o'recovered materials practicable. consistent with maintaining a satisfactory level of competition, where the Purchase price of the item exceeds $10,000 or the value 12 of` the quauuityr acquired during the preceding fiscal Near exceeded It1,(t()C} procuring solid waste managerttert services in as manner that ntaxiaii!es energy and resource � recovery; and establishing an affirmative procurement program for procurement of recovered rnaterials identified in the F PA ouidelines. (1 ) In the performance cif` this contract, the CONTRACTOR RAC'TO shall make maxinaun-r use of products containing recovered materials that are [TA-designated items Unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule: (10 Meeting contract perfcrni ancc requirements: or (iii) At aa. reasonable price. (2) Information about this rrecluiremertt along with the list of kITA- desi¢,maated items, is available at EPA's Comprehensive Procurement Guidelines web site, httl)s:l ovvvvv.clta.gov,'sratna'wattprchert ie e-prc?ctrrc rtterat- rticfelinas-cps-lar-ogrant. 40.9 Americans �vith Disabilities .,._Ac.t of'y mm 1990. as aamendecl The CONTRACTOR 1`OR will comply \v ith all the requirements as imposed by the ADA. the 9i Packet Pg. 3023 retyulations cif" the I ederal =L)oVer-nillent ISSLIed thereunder.under. and the uassurance bN? the CON FI AC°'FOR pUNL1211t thereto.. 40.10 1'he CON'FRACTOR shall utilize the LI.S. Department ofHomeland Sectrrity°'s E- Verifyr system to verify the employment eligibility oi' all nev, employees hired by the CON"FRAC'TOR dur°hu,, the terror of the Contract and shall expressly require any subcontractors performing work or providino services pursuant to the Contract to likewise drtiliZC the U.S. Dcpartnaerat Of Homeland Security's E-Verify sy'stern to verify the employment eligibility of` all new employees hired] bra the subcontractor during; the Contract tcr.rar. 40.11 Fraud and False Or Fr°aU ulent....._or ltclatcd .--Acts. The CC}ts;nl`RAC' 1'O aclknda wledges that 31 U.S.C:. Chap. 3 (Administrative Remedies for false Claims and Statements) applies to the CONTRACTOWS actions pertaining to this contract. � 40.12 Access to,Records. The fool wino access to records recluir-c iaaents apply to this; contract: (1) The CONTRACTOR agrees to provide MONROF COUNTY, the Fl:lttl, � Administrator, the Comptroller General oi'the United States, or any of their authorized m representatives access to any Kooks, documents, papers, an(] records of tine U) CONTRACTOR which are directly pertinent to this contract for the purposes of`making rF T_ audits, examinations, excerpts, and transcriptions. c` (2) The CO N`1 RAC(OR agrees to permit any of` tine foregoing, parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. W (3) The CONTRACTOR agrees to provide the l°i l'� A Administrator or his � authorized representatives access to construction or other work sites pertaining to tiae work being completed under the contract. m c� 40.13 Federal Government moment not a partN,_to contract. CONTRACTOR acknowledges, that the Federal Government is not a party to this contract and is not sub ect to any obligations or liabilities to the non-Federal cntity,. contractor, or any rather party pertaining to any � matter resulting from the contract. 0.14 Department of Homeland Security (DI-IS)_`meal. Logo. and Flags. The CONTRACTOR shall not use the DI IS scal(s), logos, crests, or reprodtrutioras Of flags car likenesses ofDI IS wency of`iicials a\ithout speciiis FEMA pre-approval. 40.15 C:0 nVj4ance,.xN,with 1°ecleral I.A.M. RcCQUI,lations. and] ..."xecutive Order. This is ail acknox,iedgernent that FTMA financial assistance will be used to fund the contract onlo. The C ON1 AC"1OR will comply will all applicable federal law, regulations, executive orders. FLMA policies. procedures, and directives, t Packet Pg. 3024 40.16 Dis dvantaue€i Business._1;tlt€ry rr,5ggl 7M 1'ol cN .,and Obligation. It Is the policy of the CO1,..JN"I'Y that D1311's., as defined in 49 C'+'.R. ['art 26, as amended, shall have the opportunity to participate in the perfc]r aaance of contracts financed in whole or in part with C"(. l1N'I`Y funds under this Agreement. The D131s retltrlrenients €rfapplicable federal and slate lams an€I regulations, apply to this Agreement. The C 01jNTY and its CONTRACTOR aauree to ensure that DBE's [lave the opportunity to participate in the performance of this Agreement. In this regard_ all recipients and c(::)ntractors shall tale all necessary and reasonable steps in accordance e\ith applicable federal and state laws and r{egUlaatiOns to ensure that the DBE's have the opportunity to compete for and perform contracts, inclUding but not limited to ? C.F.R. ss"a 00.21 . The C OL N'TY and the CONTRACTOR and snkrcontractors shall not discriminate on the basis of race, color. national origin. or seat in the award and performance €afccanta4acts, entered pursuant to this m Agreement. CONTRACTING WITH I SMALL AND MINORITY B1,J ITsIESSES. OMEN'S BUSINESS I NrSERPRISES AND LABOR SURPLUS AREA FIRMS. aa. If the. C'UNTRACI'IFOR, with the funds authorized by this Agreement, seeps to subcontract �,,00ds or services, then. in accordance N ith 7 C.F.R. §200.32 1. the CONTRACTOR'CAR shall tale the: follo ino raffii alaaative steps to assure ilia( minority businesses, women's business enterprises. and labor surplus area firms, are used whenever m cash .s'ble: �. i. Placing qualified small and minority businesses and women's Co business enterprises oil solicitation lists; CD CD cv ii. Assuring that small and minority businesses, all(] women's business enterprises are solicited whenever they area potential staaarces, W iii. Dividing totaal requirements, when cc€>n€arnicaall}Y fk��i1�le, irat€a � smaller-tasks or quantities to permit maaximurn participation by small and minority businesses, and women's bnsJncss enterprises; � iv. I stablishin.g delivery schedules where the reglluirenient rnaits, which encoua�ag€ pRartieipatitan by small and minority businesses. and women's business enterprises, V. Using services and assistance Eat al propriaatc, of'sircla €arg anizations � as the Small Business Administration and the Minority Business Development � Azgency of file Departnaent oF(0ra-rraaerce. 40.1.7 The CONTRACTOR is bound by tlae terms and conditions of the Federally- Funded Subaward and Grant A' _,r-eernent between County and the I'lor-Ida Division of Emergency Management (Division}. 0.18 The CONTRACTOR shall hold the. Division and County harmless a��ainst all claims of whatever- nature arising out of the CONTRACTOR'S OR'S performance cal' work under this Agreement. to the extend allow and regUired by law. 1. Packet Pg. 3025 9� In all other respects_ the remaining terms of`the Original Agreement dated April 20, 2016, not inconsistent herewith, ;Tall remain in Full IOrce and cf'Icct.. IN WITNLSS WI`II?RE )F the patties hzwe hereunto set their hands and seal. the day and y csar` first written above. (S I AL) BOARD OF C0tiN'I"Y COMMISSIONERS Attest, KFVIN MAI)OK, CTERK OF MONRO CC)tlN'['Y. FLORIDA \ _�_JdL_ By I)c rrty ler avE.r` Witnesses liar CONTRACTOR: ('C)N"I RACTOR: Sill"ME"NS INDUSTRY, INC. f1 � f `pis-na e 4 Person aGrtllrarrzecl tO Sionature. _C � le,,all} bind Corporation 751, e I)at Print N<ar e and 'I isle E A,clalress: /', ., t a 1, ._ r e rr`e / 2a�L,u,.y. r.f r '3 N y 7,a C r17 d✓r 3 C ! A �.. e.1 r. , c'�:. as(r ✓ _ ._ _�_(,4y Ct? " C Telephone Number Date '- MONROE COUNTY ATTORNEY'ATTORNEY'S OFFICE pARP-ROVEP AST � AM PATRICIA EA LE c ASSISTANT OUNT'YATT NEB` a 14 Packet Pg. 3026 STATE OF FLORIDA TRAVFLE l AGENCY VOUCHER FOR REIMBURSEMENT HEADQ1 "Elul OF TRAVEL EXPENSE Check tins: OFFICERJEMPLOYEE .NON-EMPLOYEEIIND CONTRACTOR RESIDE ar Hour of deals for Per Diem Dale Travel Perlorrnr d f eparlure Class or Actual Class I 2018 Ftorm Paint of{Agin Purpose or Reason and Hour A&B Lodging C Mi t To Destination (Name of Conference) of Return (ravel Expenses Meats Cl: 1 f M M M - -- — — F® y Statement of Benefits to the StaJa (Conference of,Convention) Column Column Column w Total Total Total 2 t?5v - LESS ADVANCE RECEIVED c'o Revolving Fund: - Advance: CD Check No, cV Check Data Warrant No LESS CLASS C NIFACS{ flt imp; Agency Voucher No, Warrant fate NET AMOUNT DUE m Siatowvlde Doc.N'o. Agency Voucher No, � _.... ... w. ll„ eby ceeaay er afrrrrrs itu t awe MMve enwnses actuany a""ved try too as er"ssaey to SeiWjon"t2 i'Irst tat Fks mules. "mod-..- or€nravaralacra was.directly regM0d I4 et al dehas cl t"agency any meads or ttodging intciurdetd in a confentme or contwlkw reosuation lee have tHmn knevviedge the aBtiow Iravei'was on efri, ¢v inass dod!uved Irrdrn this haver Claim:and Chat this cla;es is Into aria Cevrw in every material nmtuir ands saran cOnlorns in ovary rftj1tft1 with Me€iritatORua IS ei Saceon purgvwisr Slated above U) I12 061,Mcida slatetas Sl,PERVfSOH'S SIGNATURI TRAVELER'S SlGNATLlR6✓ .�.,., „ SUPEFIVtSOR`S TITLE _ � _ _ _ DATE APPROVED: � CDArE PREPARED: TITLE: E FOR AGENCY USE; � MIBIT "A!" Packet Pg. 3027 Travel Performed by Common Carrier or State Vehicle This section required to be crarat rlefed nr:l r�hc!r cgmir ion carrier is frilled directly to the state rr gar Date Ticket Number or l rorn To Amoun State Vehicle Number GENERAL INSTRUCTIONS Class A Travel--Confinuous travel of`?£I hours or more away from official hearticlaaarlcrs, Breakfast when travel bed ins taefiarc fa A.N J ex Class S travel—Continuous travel of less than 24 hours which involves overnitht Lunch when travel begins before Gaon absence from official headquarters, Dinner—when travel begins before M.t Class C travel-__Travel for short or(Jay trips where the traveler is not away from his when travel occurs during n firm official headquarters overnight. NOTE: No allowance shall be made for mcals when travel is confined to the city or town of official headquarters or mlmcdia cini business outside the traveler's regular place of employment if'travel expenses are approved and such special approval is note( the.9 and Meals shall be those prescribed by Section 1 12 001.Florida Statute,,, Per Diem shall be computed at cane-fourth of authorized rate for each quarter of fraction thereof. Travel raver a period of 24 hours or n � will cycles"beginning at rnidni-lit,less than 24-hour travel will be calculated can the basis of fa-hour cycles, beginning at the Maur of departure from E iaal I hour of return should be shown for all travel. When claiming per diem,the meal allowance columna should not be rued. Claims for actual lodging at the single occupancy rate talus meal allowances should include file commercial lodging expenses in tie'T 4) terra column and include(lie appropriate meal allowances in the"Meals for Class A&B"Travel"column. Claims for meal allowances involving travel that did not require the traveler to be away from has headquarters overnight should be incl I in Vicinity travel must appear in the:separate ecrlutnn. When travel is by con anon carrier and billets directly to the: traveler,the amount ae '— •scr "Other Expenses"column. A copy of the ticket or invoice should be attached to this form. If travel is by common carrier and billed directly to it.ttc by Common Carrier or StateVehicle"section above.should be completed. The mane of the common carrier should be inserted in the"Mal)lsrtr Cl; Justif icauion must be provided for use of a non-contract airline(ear one offering equal ear•lesser rates than the contract airline)or rental car(or or 0) vinL carriers are available. Additionally, justificat:can must be provided for use of a rental car larger titan a Class "B"car. m If travel is performed by flat°use of at State-owned vehicle,the ward "State"should be inserted in the"Map Mileage Claaanted"column to rc above section designated as"Travel Pcrfo rtaaed by Common Carrier or State'Vehicle"should be completed, Incidental travel expenses which may be reimbursed include; (a)reasonable taxi fare, (b) terry fares and bridge,road.and tunnel tolls, fora and telegraph expenses,and(c)convention or conference registration fee. if meals arc;included in tfte registration fee,per diem should be rcdu c` teen obtained when possible. The ofliciaal Department of'rransportation nfap should be used in computing mileage claainted from point cif origin to destination when W pus If travel is complimentary,the abbreviation"Comp."Should be inserted in the`Nlap Mileage Claimed"column. No mileage is aallowc When any State employee is stationed in any city or town fora period of over 30 consecutive work drays,such city or town shall be(lea 0) 1 io I shall not be allowed per them or subsistence:after the period of 30 consecutive days has elapsed,unies.s extended by the approval cif the agency If travel is to a conference or convention,the"Statement or Benefits to flee State"section must be completed or as copy of the Authoriz tit I AA-13,must be attached. Additionally,a copy of the agenda and registration receipt rraust be aatincbcd. Any fraudulent claim for ttadeage,per diem,or other travel expense is subject to prosecution as a misdemcanor. era GERAL D LEWIS — Comptroller Packet Pg. 3028 P.9.d 1 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 y BUILDING AUTOMATION SYSTEM MONROE COUNTY(MARATHON) GOVERNMENT CENTER: BUILDING U) AUTOMATION SYSTEM MONROE COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION SYSTEM This (2) two year Agreement is made and entered into this 20th day of April, 2016, E 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 m 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. t D mfeAg men t,--14it6 Packet Pg. 3029 U P.9.d 2. SCOPE OF THE WORK A. BUILDING AUTOMATION SYSTEM DEVICES(APPROXIMATE) BUILDING SYSTEM DESCRIPTION QUANTITY UNITS MONROE COUNTY Apogee VARIABLE AIR VOLUME 26 DETENTION CENTER (VAV)WITHOUT HEAT --- - MONROE COUNTY Apogee VAV WITH ELECTRIC 5 DETENTION CENTER HEAT 03 MONROE COUNTY Apogee VAV WITH FAN & 9 DETENTION CENTER ELECTRIC HEAT MONROE COUNTY Apogee CONSTANT VOLUME 14 DETENTION CENTER WITH ELECTRIC HEAT E MONROE COUNTY Apogee FAN COIL UNITS 29 W DETENTION CENTER AIR HANDLING UNITS 11 a SHERIFF'S ADMINISTRATION Apogee VAV WITHOUT HEAT 27 ' BUILDING AIR HANDLING UNITS 1 _._ .. MONROE COUNTY JUVENILE Apogee VAV WITH FAN & 31 JUSTICE BUILDING ELECTRIC HEAT AIR HANDLING UNITS 4 CD .. 2 MONROE COUNTY Apogee VAV WITH FAN & 22 GOVERNMENT CENTER ELECTRIC HEAT AIR HANDLING UNITS 3 MONROE COUNTY MEDICAL Summit a VAV WITH FAN & 7 EXAMINER'S OFFICE ELECTRIC HEAT AIR HANDLING UNITS 4 c B. FIRE SYSTEM DEVICES PER BUILDING(APPROXIMATE) MONROE COUNTY DETENTION CENTER—Siemens FireFinder XLS Smoke Detectors 297 Heat Detectors 38 Duct Detectors(Smoke&Heat) 212 Manual Pull Stations 29 Tamper Switches 29 Flow Switches 13 MONROE COUNTY SHERIFF'S ADMINISTRATION BUILDING—EST SYSTEM Smoke Detectors 23 Heat Detectors 7 2 Draft Agreeman"r"8416 Packet Pg. 3030 P.9.d Duct Detectors(Smoke) 3 Manual Pull Switches 6 Tamper Switches 5 Flow Switches 5 MONROE COUNTY COURTHOUSE ANNEX --EST SYSTEM IRC-3 Panel 1 Pull Stations 18 Ion Detectors 75 E Photo Detectors 5 Duct Detector Modules 7 E Thermal Detectors 8 Water Flow Modules 4 Supervisory Valve Modules 9 r- Control Modules(AHU Shutdown, Elevator Recall) 10 Main Controller 1 E Remote Zone Module 1 Zone Addressable System Card 2 MONROE COUNTY JUVENILE JUSTICE BUILDING EST SYSTEM ' Photo Smoke Duct Detectors 12 Ion Smoke Detectors 1 v, Photo Smoke Detectors 96 Heat Detectors 17 Water Flow Switches 4 Pull Stations 15 Q 2 3. SPECIFICATIONS TESTING CERTFICATION Al'+1D MAINTENANCE 0 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 Draft Air an[ -34-16 Packet Pg. 3031 g P.9.d 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 E OWNER. The CONTRACTOR shall maintain and test the EST "FIREWORKS" fire control system and provide and install the latest software upgrades as they become available. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: With the OWNER's prior approval, the CONTRACTOR shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. The CONTRACTOR shall provide cost estimates of such repairs or replacements for OWNER's approval. Reimbursement shall be in accordance with this Agreement. 6) FIRE DOOR EGRESS SYSTEM (FEAR): E The CONTRACTOR shall conduct tests as recommended by NFPA 101 on the Fire Door Egress System. The CONTRACTOR shall test to verify W proper function of the Fire Door Egress System in response to automatic activation from the fire alarm system or manual activation from the system operator's console. This test will also verify proper operation of Fire Door Egress System override priorities and system reset. B. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 33040 z SYSTEM: Building Automation System(APOGEE) LL 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 Packet Pg. 3032 P.9.d The CONTRACTOR shall provide unlimited consultation to assist the OWNER in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The CONTRACTOR shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the CONTRACTOR shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The CONTRACTOR shall backup each field panel database and system file one(1) time per year. In the event of memory toss, the CONTRACTOR shall reload the database from the current backup copy. W c) FIELD PANEL DATABASE DIAGNOSTICS: The CONTRACTOR shall perform field panel diagnostics,analyze cv the results and make recommendations to optimize building control -- performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The CONTRACTOR shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify proper operation of all VAVs and TECs. e) SOFTWARE CONSULTATION: The CONTRACTOR shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software c problems found in executing system tasks. 76 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 Packet Pg. 3033 P.9.d administrator. This audit trail will show the administrator what system was modified, the value modified and the time of modifications. 4) SYSTEM PREVENTATIVE MAINTENANCE: The CONTRACTOR shall develop and perform preventative maintenance on a quarterly basis in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the OWNER. 5) PNEUMATICIELECTRIC EQUIPMENT MAINTENANCE: a) DIAGNOSTIC SERVICES: The CONTRACTOR shall provide technical expertise to ensure system reliability and occupant comfort. CONTRACTOR shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS: CONTRACTOR shall provide quarterly routine scheduled E operating inspections to check system performance and equipment 2 operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES: The CONTRACTOR shall perform extensive annual services throughout the contract year, developing and providing quarterly routine scheduled maintenance and minor repairs, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the OWNER. Equipment shall include but not be limited to all AHUs, c 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: 6 Draft-A men"AA-6 Packet Pg. 3034 P.9.d The CONTRACTOR shall provide dedicated account management and single point of contact to coordinate the delivery of service,offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES: The CONTRACTOR shall provide on-line response within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting and corrective procedures, the CONTRACTOR shall be on-site within 24 hours, upon OWNER's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to E 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 `V 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 CD 2 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 CD Control System, including but not limited to the following: 0) 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 G 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. Draft-Agrwment—'Wl6 Packet Pg. 3035 P.9.d • 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). e) Firefi hter's Smoke Control Station FSCS Test:. The CONTRACTOR shall test to verify operation of the FSCS by placing each FSCS switch into each of its active positions and observing the actual status or position of the corresponding smoke 2 control equipment. U) d) Smoke Control System FSCS Cabinet Test: The CONTRACTOR shall perform the following: • Check diagnostic LED's, fuses and surge transient protection devices. • Check line cards and function cards. Check cabling and 0) ensure that all wiring and terminations are secure. Check incoming AC power and power supply. Check power supply voltages and adjust to+5 volts if necessary. • Check the time and reset if necessary. • Visually inspect FSCS cabinet and observe operating environment. -a e) Smoke Control System Control Test per Smoke Control Zone: The CONTRACTOR shall perform the following: * Check and/or set starters of supply and return fans to their 0) auto settings. • Initiate the auto smoke strategy from fire alarm system interface. Record all results on "Smoke Control Activation Test Record" form. °3 • 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 Draft-A reemeat---M-1 b Packet Pg. 3036 P.9.di operation of each smoke control fan, damper and air-handling unit. Verify operation of FSCS under emergency power. 2) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. CONTRACTOR shall provide cost estimates of such repairs or replacement for OWNER's approval. Reimbursement shall be in accordance with this agreement. D. LOCATION: Sheriffs Administration Building 5525 College Road Stock Island,Key West, FL 33040 SYSTEM: Fire Alarm System-EST The CONTRACTOR shall furnish all labor, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Monroe County Sheriffs Administration Building Fire Alarm System, including but not limited to the following: -- 1} ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The CONTRACTOR shall conduct annual tests of all required system components as per the latest edition of NFPA 72H,Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: CD The CONTRACTOR shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The CONTRACTOR shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H,Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The CONTRACTOR shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as 0) determined by the manufacturer's recommendations and reviewed by the OWNER. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. CONTRACTOR shall provide cost 9 Draft-A gree un m t3,?8 4 16 Packet Pg. 3037 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: 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 2 County's IT Department. W 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 0 system file one(1) time per year. In the event of memory loss, the CONTRACTOR shall reload the database from the current backup COPY- c) FIELD PANEL DATABASE DIAGNOSTICS: E 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 Draft-Agrtnt---I'B 4 1-6 Packet Pg. 3038 P.9.di system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The CONTRACTOR shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The CONTRACTOR shall patch the control system and associated serves to the latest version, revision or update every quarter. If any security vulnerabilities are discovered, the CONTRACTOR shall be responsible for notifying the OWNER within five business days. The CONTRACTOR shall provide quarterly documentation in the form of a physical and soft logbook ensuring that the updates 2 and patches have been performed. g) The BAS software will provide an audit trail that logs all user cv 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 E modifications. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE E 0) a) DIAGNOSTIC SERVICES 2 CD The CONTRACTOR shall provide technical expertise to ensure system reliability and occupant comfort. CONTRACTOR shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS CONTRACTOR shall provide quarterly routine scheduled operating inspections to check system performance and equipment W 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 Draft-Agr esnenu Ae,46 Packet Pg. 3039 P.9.d OWNER. Equipment shall include but not be limited to all AHUs,VAVs, FCUs,VFDs,dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The CONTRACTOR shall develop and perform scheduled preventative maintenance on a quarterly basis in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the OWNER. 6) SYSTEM PERFORMANCE SERVICES -REVIEW AND EVALUATION The CONTRACTOR shall provide dedicated account management and single point of contact to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The CONTRACTOR shall provide on-line response within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required ' to complete troubleshooting procedures, the CONTRACTOR shall be on- `V site within 24 hours, upon OWNER's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. 0) 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. Reimbursement shall be in accordance with this agreement. F. LOCATION: Monroe County Courthouse Annex c 502 Whitehead Street Key West, FL 33040 SYSTEM: Fire Alarm System- EST The CONTRACTOR shall furnish all labor, materials, equipment and E 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: i 12 Draft r ement-34 -15 Packet Pg. 3040 P.9.d The CONTRACTOR shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The CONTRACTOR shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H,Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The CONTRACTOR shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the OWNER. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to m 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 `V estimates of such repairs or replacement for OWNER's approval. v, Reimbursement shall be in accordance with this agreement. G. LOCATION: Monroe County Juvenile Justice Building 5503 College Road Stock Island, Key West,FL 33040 SYSTEM: Fire Alarm System The CONTRACTOR shall furnish all labor, equipment and documentation to ca comply with the authority having jurisdiction for the certification, maintenance, 2 and testing for the Department of Juvenile Justice Building Fire Alarm System, including but not limited to the following: e 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The CONTRACTOR shall conduct annual tests of all required system components as per the latest edition of NFPA 72H,Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The CONTRACTOR shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The CONTRACTOR shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H,Testing Frequencies. 13 Draft- resat.. . -16 Packet Pg. 3041 P.9.d 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 E 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. e® Reimbursement shall be in accordance with this agreement. H. LOCATION: Monroe County Juvenile Justice Building U) 5503 College Road Stock Island,Key West, FL 33040 SYSTEM: Building Automation System(APOGEE) `V The CONTRACTOR shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, E 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: CD 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 W OWNER in identifying, verifying, and resolving problems found in 76 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 Draft-Agree nasal3Wt6...... Packet Pg. 3042 . P.9.d CONTRACTOR shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The CONTRACTOR shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The CONTRACTOR shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. �+ e) SOFTWARE CONSULTATION: E The CONTRACTOR shall provide software consultation to assist U) the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The CONTRACTOR shall patch the control system and associated serves to the latest version,revision or update every quarter. If any security vulnerabilities are discovered, the CONTRACTOR shall 2 be responsible for notifying the OWNER within five business days. The CONTRACTOR shall provide quarterly documentation 0) 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. e 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 iS Packet Pg. 3043 P.9.d CONTRACTOR shall provide quarterly routine scheduled operating inspections to check system performance and equipment operating controls,to evaluate system efficiency and reliability. c) ANNUAL SERVICES The CONTRACTOR shall perform extensive annual services throughout the contract year, developing and providing quarterly routine scheduled maintenance and minor repair, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the OWNER. Equipment shall include but not be limited to all AHUs, VAVs, FCUs,VFDs,dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The CONTRACTOR shall develop and perform scheduled preventative maintenance on a quarterly basis in accordance with a program of standard E 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 E The CONTRACTOR shall provide on-line response within two (2) hours 2 CD of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required ca to complete troubleshooting and corrective procedures, the CONTRACTOR shall be on-site within 24 hours, upon OWNER'S request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. CONTRACTOR shall provide cost estimates of such repairs or replacement for OWNER's approval. Reimbursement shall be in accordance with this agreement. I. LOCATION: Monroe County Government Center 2978 Overseas Highway Marathon,FL 33050 16 Packet Pg. 3044 P.9.d SYSTEM: Building Automation System (APOGEE) The CONTRACTOR shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Marathon Government Center Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The CONTRACTOR shall provide system and software troubleshooting and diagnostics via modem or remote log in per permissions of the County's IT Department. 2) OPERATOR SUPPORT: The CONTRACTOR shall provide unlimited consultation to assist the y OWNER in identifying, verifying, and resolving problems found in executing system tasks. E 3) SOFTWARE SERVICES: W a) INSIGHT GRAPHICS BACKUP: N 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. 2 b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: W The CONTRACTOR shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the CONTRACTOR shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The CONTRACTOR shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The CONTRACTOR shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The CONTRACTOR shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. 17 Draft-- un nl— 446a..._ Packet Pg. 3045 .., „ P.9.d 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: E 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 U) system. b) OPERATING INSPECTIONS: CONTRACTOR shall provide scheduled operating inspection to check system perfonnance and equipment operating controls, to evaluate system efficiency and reliability. 2 c) ANNUAL SERVICES: The CONTRACTOR shall perform extensive annual services throughout the contract year, developing and providing quarterly routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the OWNER. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE: The CONTRACTOR shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and 0) 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: v 18 Draft- r ement_—M 1.4_ Packet PJ. 3046 P.9.d The CONTRACTOR shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the CONTRACTOR shall be on-site within 24 hours upon OWNER'S request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. CONTRACTOR shall provide cost estimates of such repairs or replacement for OWNER'S approval. Reimbursement shall be in accordance with this agreement. v, J. LOCATION: Monroe County Medical Examiner's Office 03 56639 Overseas Highway,Crawl Key `) Marathon,FL 33050 SYSTEM: Building Automation System(Trane Tracer Summit) The CONTRACTOR shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, E maintenance, and testing of the Monroe County Medical Examiner's Office Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: CD 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 e OWNER in identifying, verifying, and resolving problems found in z executing system tasks. 3) SOFTWARE SERVICES: a) TRANE'S SUMMIT GRAPHICS BACKUP: The CONTRACTOR shall backup the Summit graphics database one (1) time per year. In the event of hardware failure, the CONTRACTOR shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The CONTRACTOR shall backup each field panel database and system file one(1) time per year. In the event of memory loss, the 19 Packet Pg. 3047 . P.9.d 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. y e) SOFTWARE CONSULTATION: E The CONTRACTOR shall provide software consultation to assist W the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: `V 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 2 be responsible for notifying the OWNER within five business days. The CONTRACTOR shall provide quarterly documentation 0) 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 Co administrator. This audit trail will show the administrator what system was modified, the value modified and the time of 12 modifications. c 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 Dmfi Agme-mant-348,46- Packet Pg. 3048 P.9.d CONTRACTOR shall provide quarterly scheduled operating inspections to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES: The CONTRACTOR shall perform extensive annual services throughout the contract year, developing and providing quarterly routine scheduled maintenance and minor repair, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the OWNER. Equipment shall include but not be limited to all AHUs, VAVs,FCUs,VFDs,dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE: The CONTRACTOR shall develop and perform scheduled preventative maintenance on a quarterly basis in accordance with a program of standard E maintenance routines as determined by the manufacturer's recommendations and reviewed by the OWNER. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION: `V 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 2 of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required in to complete troubleshooting and corrective procedures, the CONTRACTOR shall be on-site within 24 hours, upon OWNER's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or wom components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. W 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 Packet Pg. 3049 P.9.d 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. e® N. QUALITY ASSURANCE PROGRAM The CONTRACTOR shall meet the OWNER on a semi-annual basis to evaluate system performance and OWNER's satisfaction with the quality of service that is being provided. CONTRACTOR is to schedule a meeting with the OWNER at the beginning of the contract year and an update meeting six months into the contract year with the following being part of the agenda. CONTRACTOR shall compile all maintenance criteria and procedures for all systems and equipment as recommended by the Manufacturer. The maintenance criteria and procedures shall be formatted under major headings of which is then to be incorporated into a 2 bar/Gantt chart schedule utilizing Microsoft Scheduler or equal, showing the CONTRACTOR's scheduled site visits and the tasks to be accomplished in order 0) to complete the contract's scope. O. STAFFING The CONTRACTOR shall provide sufficient numbers of qualified personnel needed to ensure the adequate and satisfactory monitoring and performance of the systems as required pursuant to this Agreement or by law. The CONTRACTOR shall utilize any and all other additional personnel that may be necessary for the maintenance of the systems during abnormal or emergency conditions for Monroe County, Florida upon receipt of approval of such additional personnel by the OWNER. P. MATERIALS AND EQUIPMENT Such tools and equipment acquired by the OWNER or by CONTRACTOR for the OWNER with budgeted funds will remain a part of the facility upon termination of this Agreement. The CONTRACTOR shall take all steps necessary to preserve and maintain any warranties on any of the tools, equipment and facility components, and to keep the OWNER informed in a timely manner of all steps taken to preserve and maintain such warranties. Q. MAINTENANCE,REPAIR AND REPLACEMENT 22 Draft-A-greement-318,4A Packet Pg. 3050 P.9.d The CONTRACTOR shall, when providing maintenance or repair services, maintain the systems in good condition and repair, including making all necessary repairs and replacements consistent with standard NFPA requirements and Fire Alarm System, Smoke Control System, and Building Automation System practices. The CONTRACTOR shall maintain the safety of the systems at a level consistent with applicable law and normal practices for systems of similar magnitude. The CONTRACTOR shall maintain the systems and equipment in good repair and in a neat, orderly and litter free condition in order to protect the systems against deterioration and to maintain the aesthetic quality of the facilities. The CONTRACTOR shall correct any material deficiencies, inefficient operation and maintenance of the systems throughout the tern hereof pursuant to the provisions hereof for normal conditions in Monroe County, Florida. All new work shall be guaranteed for a period of twelve (12) months after the earlier of County accepted substantial completion of the work or first beneficial operation or use. All auxiliary equipment not manufactured by the CONTRACTOR carries such warranty as given by the manufacturer thereof and which is hereby assigned to the County. The OWNER shall have the right to request copies of maintenance records maintained by the CONTRACTOR during normal business hours. The CONTRACTOR shall maintain the facility in such a manner as to keep all warranties in full force and shall not act, or allow any other party to act, so as to interfere with the effectiveness of such warranties. R. FINES AND PENALTIES E The CONTRACTOR shall be liable for the following: 1) Any fines or civil penalties which may be imposed by any governmental or quasi-governmental agency or body; and 2) any judgments or liabilities arising from actions by E 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 CD legal proceedings concluded prior to execution of this Agreement, unless such 0) fines or civil penalties are the direct result of an act or omission of the CONTRACTOR pursuant to the terms hereof. S. HOURLY LABOR AND MARKUP RATE Each bid shall also contain an hourly labor rate for upgrades, repair or replacement work not within the scope of maintenance and testing and a markup rate for materials and equipment furnished. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Monroe County Ordinance 009-2015 and Florida Statute 112.061. All repair work necessary requiring reimbursement for funding by the OWNER will require prior approval by the OWNER unless it is deemed an emergency and the OWNER's representative cannot be contacted. In such case, documentation will be required certifying emergency requirement immediately after the fact. 23 Drart- ent—3,AV1, Packet Pg. 3051 P.9.d T. SPECIAL PROVISIONS TOOL CONTROL PLAN—The Monroe County Detention Center requires a Public Works Department staff member to inventory all visitor's and CONTRACTOR's tools on the approved Visitor/CONTRACTOR Tool Inventory form prior to entering and departing the facility. Only those tools necessary for the project will be allowed inside the facility. CONTRACTOR's shall be under staff escort and supervision at all times while in the secured envelope of the facility or anywhere inmates may have access to the work area. The escort shall have in his/her possession a CONTRACTOR tool inventory. Any discrepancies in the tool inventory will be handled by the escort as outlined in Section 16 of the Monroe County Administrative Instruction #6606.4 and the CONTRACTOR shall remain at the facility until attempts of tool recovery have been completed. SMOKING POLICY—The Monroe County Detention Center is a non-smoking facility. Employees and CONTRACTORS are not permitted to bring tobacco, cigarettes, cigars, lighters or matches into the secured envelope. If these items are brought into this facility,the act is considered to be an Introduction of Contraband ) which is punishable by law. The minimum action that a CONTRACTOR may expect from the Monroe County Sheriffs Office for Introduction of Contraband is to be permanently barred from future entrance to the facility. U. SPECIFICATIONS The specifications contained herein are considered the minimum standards E required. The maintenance of the systems shall comply with all applicable Federal, State, and Local codes and ordinances. 4. PAYMENTS TO CONTRACTOR Q 2 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 CD B. CONTRACTOR shall submit to COUNTY invoices with supporting 0) 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 rat ree e t-- &'8 t Packet Pg. 3052 P.9.d 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 E TOTAL $162,059.00 Annual E. COUNTY shall compensate the CONTRACTOR for Additional Services y performed under this Agreement, as follows: 1. The OWNER shall reimburse the CONTRACTOR for the Manufacturer's invoice cost of all parts and materials (except tax and freight,which are reimbursed as charged with no markup),plus percentage as indicated below. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. If 2 the CONTRACTOR and the Manufacturer are the same entity, CONTRACTOR shall confirm and provide the COUNTY with best 0) customer pricing status. a, 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 CD through Friday, excluding holidays as follows: 0) $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 Draft A rae n t—1`8.t.; Packet Pg. 3053 P.9.di $112.50 per hour Fire Sprinkler Fitter $99.00 per hour Electrical Installer $146.25 per hour Project Manager $146.25 per hour Application Engineer $200.00 per hour Energy Engineer b) Labor— overtime rate, outside the normal working hours of 8:00 AM thru 5:00 PM Monday thru Friday, are as follows: Monday thru Friday = 1.5 times the appropriate rate y Saturdays = 1.5 times the appropriate rate Sundays and Holidays= 2.0 times the appropriate rate W c) Material/Component mark-up for Siemens provided Building Automation Components shall receive a 50% with an additional cv 20% discount from the current Powers Controls Pneumatic/Electronic&Apogee Automation Pricing Guide. d) Siemens Fire Safety Components shall receive "Trade Net" pricing as published in the current Siemens Fire Safety Price List. e) Third party vendor Material/Components shall receive a multiplier of 1.5. f) Sub-contracted services to Siemens shall receive a multiplier of ca 3. Total Compensation to CONTRACTOR for additional services under this Agreement shall not exceed SIXTY THOUSAND AND NO1100 DOLLARS ($60,000.00) per contract year unless pre- approved emergency work requiring additional funds is implemented. 5. TERM OF AGREEMENT This (2) two year Agreement shall commence on April 20, 2016, and ends upon April 19,2018,unless terminated earlier in accordance with paragraph 19 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional three (3) one-year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 60 days prior to the end of the initial term. Unless the contract clearly indicates otherwise,references to the"term"of this Agreement shall mean the initial term of one year. 26 Packet Pg. 3054 P.9.d The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year using the most recently published indicator. 6. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 7. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public 2 records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by ' this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to CONTRACTOR. 8. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and E 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. 2 0 9. HOLD HARMLESS, INDEMNIFICATION AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, CONTRACTOR shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage, fine,penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts 27 Draft-Agrc 6- 3a- [&1_. Packet Pg. 3055 P.9.d 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. E 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 m limits as required by Florida Law, and Employee's Liability coverage in the amount of$500,000 U) bodily injury by accident, $500,000 bodily injury by disease, policy limits, and $500,000 bodily injury by disease, each employee. cv COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. if single limits are provided, the minimum acceptable limits are $100,000 per person, $300,000 per occurrence, and $50,000 property damage. Coverage shall include all owned vehicles, all non-owned vehicles,and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of 2 CD liability of not less than $1,000, 00.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. ca CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. 12 Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar c days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary _ insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor 28 Draft-Agreement-ent -.$,A Packet Pg. 3056 P.9.d shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent CONTRACTOR and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 12. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply 2 with all Federal and Florida statutes, and all local ordinances, as applicable, relating to U) 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- `V 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 E 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 E 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or 2 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 0CD ) Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement.. 13. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 14. COMPLIANCE WITH LAW AND LICENSE REQUIREMMENTS 29 f Packet Pg. 3057 . P.9.d 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. a 15. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and E employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, 2 solicitation or acceptance of gifts; doing business with one's agency; unauthorized `) compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed -- nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, ) commission,percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR E agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift,or consideration. 16. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract,debt,obligation,judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 17. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested,to the following: FOR COUNTY: 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 Drafte €snt—3411 Packet Pg. 3058 P.9.d 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. E CONTRACTOR shall not be exempted by virtue of the COUNTY's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding,related to services rendered under this agreement. 19. TERMINATION E A. The COUNTY may terminate this Agreement with or without cause prior to the `) commencement of work. B. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7)days' notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60)days written notice of its intention to do so. 20. GOVERNING LAW VENUE INTERPRETATION COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 21. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 22. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent 31 Draft-A reer at-3 16 Packet Pg. 3059 P.9.d by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 23. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's y fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. m 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 E Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. CD 2 25. COOPERATION In the event any administrative or legal proceeding is instituted against either party ca 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 c provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. _ 26. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 27. AUTHORITY 32 Df - g;reemont--31'4v6-- Packet Pg. 3060 P.9.d Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 28. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is,empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 29. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, y 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 W territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents,volunteers, or employees outside the territorial limits of the COUNTY. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the 0) performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,state statute, and case law. 31. NON-RELIANCE BY NON-PARTIES 0 CD No person or entity shall be entitled to rely upon the terms, or any of them, of this W Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 33 Draft Agree zent 3•-346- Packet Pg. 3061 . P.9.d 33. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 34. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument. 35. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. ) 36. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a `V 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 E 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the 2 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. c 38. INCORPORATION OF BID DOCUMENTS 6 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 D mf# r rm at—i8,`W Packet Pg. 3062 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, yr of or accounting for the other counterparts,be deemed an original contract. a BOARD OF CO NTY COMMISSIONERS s VILIN,CLERK OF MONRO By: ...... E erk Ma or Date: Date: E Witnesses for CONTRACTOR:. E CX' Si store of person—authorized to W ignature legally bind Corporation 6 L Date: David Seraikas Vice President C14 Date Print Name and Title Siemens Industry, Inc. Address:.3021 N Commerce Parkway E Signature Miramar, FL 33025 U) 954-364-6600 Telephone Number E CD Date ca MONRC E COUNTY ATTORNEY 0 APPROV E- ASTOVORM z U- CNR1S BROSIO SNEY C U ATTO ASSIST E Date, 35 Packet Pg. 3063