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Item P06 � P.6 � � �, 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.6 Agenda Item Summary #6392 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Dan Bensley (305) 292-4468 NONE AGENDA ITEM WORDING: Approval to replace the existing, no longer supported Environmental Building Management Systems (EBMS) with a Desigo Enterprise BMS for the amount of $237,583.06 allowing the County to monitor additional sites remotely and locally in a unified system. This replaces obsolete systems in critical facilities. ITEM BACKGROUND: Currently Monroe County is using several obsolete applications and operating systems to monitor and control the Environmental Building Management Systems, such as fire alarms and HVAC systems, throughout Monroe County facilities, including the Detention Center. This is a new Agreement utilizing cooperative purchasing and pricing under a competitively bid solicitation by Sourcewell in Siemens Contract No. 030817-SIE. Siemens Insight software was retired in March 31, 2018, and is no longer supported. The replacement software for Insight BMS is Desigo CC. Monroe County currently owns a licensed copy for the Desigo CC software. The replacement of the existing obsolete applications with Desigo CC enterprise software will expand Desigo's capabilities to all county buildings with an enterprise unified solution. This project will standardize the use of Desigo CC and will also allow authorized personnel to override the control unit's access locally if the network fails making centralized control of these systems possible. This upgrade includes the Software as a Service (Saas) Navigator, a cloud based Mass Data Manager and Fault Detection Diagnostic Engine, for monitoring and reporting of the County chillers. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: Siemens Contract 4030817-SIE STAFF RECOMMENDATION: Approval. DOCUMENTATION: Packet Pg. 2921 P.6 Agreement for Siemens with Attachments - EBMS (final - legal stamped) Attachment A Proposal Vendor's Forms FINANCIAL IMPACT: Effective Date: May 20, 2020 Expiration Date: May 19, 2021 Total Dollar Value of Contract: $237,583.06 Total Cost to County: $237,583.06 Current Year Portion: Budgeted: Source of Funds: 304-24000-560620-CG2004-XXXXXX CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: This is a twelve (12) month agreement,but it is not anticipated to take that long to implement the new system. 06/17/20 304-24000 - GEN GOVT CAP PROJECTS $237,583.06 CG2004 REVIEWED BY: Dan Bensley Completed 05/04/2020 3:39 PM Assistant County Administrator Kevin Wilson Completed 05/04/2020 5:13 PM Patricia Eables Completed 05/12/2020 11:45 AM William DeSantis Skipped 05/04/2020 2:35 PM Tony Davila Completed 05/12/2020 11:57 AM Alan MacEachern Completed 05/12/2020 12:35 PM Purchasing Completed 05/12/2020 12:42 PM Budget and Finance Completed 05/12/2020 1:06 PM Maria Slavik Completed 05/12/2020 5:32 PM Kathy Peters Completed 05/12/2020 5:37 PM Board of County Commissioners Pending 05/20/2020 9:00 AM Packet Pg. 2922 P.6.ai AGREEMENT FOR C SIEMENS: ENVIRONMENTAL BUILDING MANAGEMENT SYSTEM This Agreement ("Agreement") made and entered into this 201h day of May, 2020 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as ca "COUNTY," through the Monroe County Board of County Commissioners ("BOCC" or"Board"), 2 r- AND c Siemens Industry, Inc., a Foreign for Profit Corporation whose licensed to do business in the State of Florida, whose principal address is 100 Technology Drive, Alpharetta, Georgia 30005, but whose address for purposes of this Agreement is 3021 N. Commerce Parkway, c Miramar, Florida 33025, its successors and assigns, hereinafter referred to as "Siemens" or "CONTRACTOR", 2 WITNESSETH: WHEREAS, COUNTY desires to upgrade and expand our existing Environmental Building Management System for the COUNTY'S buildings; and WHEREAS, CONTRACTOR has agreed to provide an upgrade to the COUNTY Environmental Building Management System, which shall include but not be limited to, providing a, Project Management, Building Automation, Electrical Services, Hardware Activation and Configuration, Hardware Shipping and Installation & Testing, Hardware Warranty, and Server Setup with Software, Migrating existing Enterprise Desigo CC server software to the County's W data center in Miami with five (5) additional licenses, Configuration for BACnet communication, and Configuration and Installation of Point Touch Screens, which services shall collectively be LU referred to as the "Project"; and N WHEREAS, this Agreement will be utilizing cooperative purchasing and pricing under a competitively bid solicitation by Sourcewell, a unit of government created under Minnesota Law, for HVAC Systems, Installation, and Service Related Products and Supplies (Contract #030817- SI E, effective May 8, 2017 to May 8, 2021) (hereinafter"Siemens Contract#030817-SI E"); NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements y stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: m FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1 Packet Pg. 2923 P.6.ai 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied. .2 1.1.2 The CONTRACTOR has become familiar with the site(s) and the local conditions under v, which the Project is to be completed. 0 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 0 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to its performance and those directly under its employ. 1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with < professional skill and care and the orderly progress of the Project. In providing all services pursuant to this Agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, y rules and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of m termination to the CONTRACTOR. ' 1.1.6 At all times and for all purposes under this Agreement, the CONTRACTOR is an W independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to LU find the CONTRACTOR or any of his/her/its employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consist of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon its receipt of a written notice to proceed from the COUNTY. 2 Packet Pg. 2924 P.6.ai C 2.2 NOTICE REQUIREMENT LU All written correspondence to the COUNTY shall be dated and signed by an authorized W representative of the CONTRACTOR. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: For the COUNTY: Alan MacEachern Information Technology Director Monroe County BOCC 102050 Overseas Highway, MM 102.5 Key Largo, Florida 33037 And: Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONTRACTOR: y Joe Summerlin Siemens Account Executive ' Siemens Industry, Inc. Building Technologies Division W 3021 N. Commerce Parkway Miramar, Florida 33025ca N ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated, in accordance with the Sourcewell"s cooperative purchasing pricing (Siemens Contract #030817-SIE), at the time when services are required, but only if m approved by the COUNTY before commencement. 2 0 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall E respond with a fee proposal, in accordance with the competitive rates under the Siemens Contract #030817-SIE, to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. Any additional services must be funded and approved by the Board of County Commissioners. 3 Packet Pg. 2925 P.6.ai C ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work and its HVAC Systems documentation. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- > conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.2. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any information or documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such information or documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such information or documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. LU 4.6 The COUNTY shall provide copies of necessary information or documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE 5.1 The CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not W limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the performance of the contract. 4 Packet Pg. 2926 P.6.ai 5.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, 0) or lessened by the insurance requirements contained elsewhere within this Agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the LU CONTRACTOR agrees and warrants thatit shall hold the COUNTY harmless and shall v, indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONTRACTOR the CONTRACTOR agrees and warrants that CONTRACTOR will hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the Project. During the term of this Agreement, it is anticipated that numerous , personnel will be assigned to perform the various functions, as established by Siemens, to fulfill the Scope of Work. ARTICLE VII COMPENSATION and TERM 7.1 COMPENSATION BASED ON SPECIFIED RATES 7.1.1 The COUNTY shall pay the CONTRACTOR monthly in current funds for the 2 CONTRACTOR'S performance of this Agreement based on the materials and labor rates 2 outlined in Attachment B. The Total Estimated Not to Exceed Amount of Two Hundred Thirty-seven Thousand Five Hundred Eighty-three and 06/100 ($237,583.05) Dollars will apply to this Agreement. 7.2 PAYMENTS 5 Packet Pg. 2927 P.6.ai 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. Payment will be made pursuant 0) to the Local Government Prompt Payment Act, Sec. 218.70, et seq., Florida Statutes. 0 (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, v, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONTRACTOR'S invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. 7.3 BUDGET 2 7.3.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to < pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. y 7.3.2 The COUNTY's performance and obligation to pay under this Agreement is contingent m upon an annual appropriation by the Board of County Commissioners and the approval of ' the Board members at the time of contract initiation and its duration. 7.4 TERM OF AGREEMENT 7.4.1 The initial term of this Agreement is for a 12-month period, which said term shall begin on approval of this Agreement by the BOCC. This Agreement may be extended upon mutual agreement of the parties. The Agreement may be renewed after the initial term in accordance with the term of the Siemens Contract #030817-SI E, which said term is effective May 8, 2017 to May 8, 2021. Any renewal of this Agreement must be in writing and signed by both the COUNTY and CONTRACTOR. ARTICLE VIII E INSURANCE 2 0 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the 0) project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of 6 Packet Pg. 2928 P.6.ai VI or better, that is licensed to business in the State of Florida, and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement 0) providing sixty (60) days' written notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. LU 8.3 CONTRACTOR shall obtain and maintain the following policies: 0 A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statutes, Chap.440. r_ 0 B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $500,000 per person, $1,000,000 per Occurrence, $100,000 Property Damage, or$1,000,000 combined single limit. D. Commercial General Liability Insurance, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed y Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with a $1,000,000 Combined Single Limit. m An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after W the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of forty-eight (48) months following the termination or expiration of this contract. N E. Professional Liability Insurance or Engineer's Errors and Omissions insurance of E $1,000,000 per occurrence and $1,000,000 annual aggregate. If the policy is a"claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. Cyber Liability Insurance to include the following coverages: Data Breach, Network Security Liability, Internet Media, Network Extortion, Regulatory Proceedings, PCI m Fine and Cost. The minimum limits acceptable is: $1,000,000. 2 0 G. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. 7 Packet Pg. 2929 P.6.ai H. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated 0) financial statements from the fund upon request from the COUNTY. 0 I. As a pre-requisite of the work and services governed, or the goods supplied under LU this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at its/his/her own expense, insurance as specified in attached schedules, if any, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide c 0 satisfactory evidence of the required insurance, shall not extend deadlines specified > in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. -- The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to y comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except W for the Contractor's failure to maintain the required insurance. LU The Contractor will be held responsible for all deductibles and self insured N retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance 2 or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies, including all amendments, endorsements, exclusions or changes to the policy, required by this contract. All insurance policies must specify that they are not subject to cancellation, non- 8 Packet Pg. 2930 P.6.ai renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 0) r- The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed LU under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials c will be included as "Additional Insured" with respect to CONTRACTOR'S liabilities 0) hereunder in insurance coverages identified in Paragraphs C and D. r- 0 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management Department. 0 ARTICLE IX MISCELLANEOUS 9.1 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 y and will not be used in the interpretation of any provision of this Agreement. 9.2 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this Agreement, W except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such LU 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. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns, and legal representatives to the other and to the successors, assigns, and legal representatives of such other party. 9.3 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ) 2 0 9.4 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 9 Packet Pg. 2931 P.6.ai C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein LU provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the c COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' written notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. LU E. Scrutinized Companies: For Contracts of any amount, if the County determines that N the Contractor has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized 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 written notice and an opoportunity 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. 9.5 CONTRACT DOCUMENTS m 2 This contract consists of the Sourcewell's Request for Proposals (RFP), any addenda, the Form of Agreement (Siemen's Contract#031817-SI E), the CONTRACTOR'S response to the RFP, the documents referred to in the Form of Agreement (Siemen's Contract #031817-SIE) as a part of this Agreement, and Attachments A and B, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 10 Packet Pg. 2932 P.6.ai 9.6 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts 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 v, real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act < defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. y CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or is m formally charged with an act defined as a "public entity crime" or has been placed ' on the convicted vendor list. 9.7 MAINTENANCE OF RECORDS LU CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five (5)years from E the final payment or termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the final payment or termination of this Agreement. Right to Audit m Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by COUNTY or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all 11 Packet Pg. 2933 P.6.ai other agreements, sources of information and matters that may in COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, E duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by COUNTY's representative and/or agents of the County Clerk. COUNTY or County Clerk may also conduct verifications such as, but not limited to, counting v, employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. 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, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. The right to audit provision survives the termination or expiration of this Agreement. 9.8 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 contracts made and to be performed entirely in the State. In y the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that m venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court ' or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement W shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.9 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 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 2 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. Q 9.10 ATTORNEYS FEES AND COSTS 2 The 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 E or interpretation of this Agreement, the prevailing party shall be entitled to reasonable 12 Packet Pg. 2934 P.6.ai attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 0 9.11 BINDING EFFECT LU The terms, covenants, conditions, and provisions of this Agreement shall bind and inure v, to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 9.12 AUTHORITY 2 r_ 0 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. 9.13 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. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 9.14 ADJUDICATION OF DISPUTES OR DISAGREEMENTS y COUNTY and CONTRACTOR agree that all disputes and disagreements shall be m attempted to be resolved by meet and confer sessions between representatives of each ' of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by W this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.4 concerning termination or cancellation. 9.15 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. m 9.16 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis 13 Packet Pg. 2935 P.6.ai of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) .2 The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107),which prohibits LU discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 v, (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 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 §§ 3601 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 §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.17 COVENANT OF NO INTEREST CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall y not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as m recited in this Agreement. ' 9.18 CODE OF ETHICS W COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; E misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.19 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working m solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.20 PUBLIC ACCESS. 14 Packet Pg. 2936 P.6.ai Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other LU "public record" materials in its possession or under its control subject to the provisions of v, Chapter 119, Florida Statutes, and made or received by the County and CONTRACTOR r- in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat. Sec. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. y (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for m the duration of the contract term and following completion of the contract if the ' CONTRACTOR does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public W records in possession of the CONTRACTOR or keep and maintain public records that would be required by the County to perform the service. If the CONTRACTOR transfers all public records to the County upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public E records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONTRACTOR of the request, and the m CONTRACTOR must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR . A CONTRACTOR who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. 15 Packet Pg. 2937 P.6.ai The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT PHONE#305-292-3470 ADL Y® IA (c C TY®FLdG V, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. 9.21 NON-WAIVER OF IMMUNITY 2 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY 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 shall any contract entered into by the COUNTY be required to y contain any provision for waiver. 9.22 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.23 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. 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 2 performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, E state statute, and case law. 2 9.24 NON-RELIANCE BY NON-PARTIES 16 Packet Pg. 2938 P.6.ai No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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 v, 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. 9.25 ATTESTATIONS AND TRUTH IN NEGOTIATION 2 r_ 0 CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, Scrutinized Companies Vendor Statement, and a Drug-Free Workplace Statement Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract fee and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. 9.26 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 m 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. W 9.27 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 E instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 2 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 17 Packet Pg. 2939 P.6.ai IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. .22 (SEAL) BOARD OF COUNTY COMMISSIONERS c Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA 0) 0 0 By: By: Deputy Clerk Mayor/Chairman 0 Date: (Seal) CONTRACTOR: SIEMENS INDUSTRY, INC. Attest: A Foreign for Profit Corporation By: By: Printed Name: Printed Name: N Title: Title: SN: fiA ATTORNEY DATE: - 18 Packet Pg. 2940 P.6.ai c 2 0 ATTACHMENT A c 0 SCOPE OF BASIC SERVICES 0 2 N 0 19 Packet Pg. 2941 Attachment - A I. Solution 2 a. Upgrade the firmware on the three Detention Center Apogee panels to enable Desigo CC compatibility. b. Expand the County's existing Desigo CC Server Software to allow for monitoring additional sites. c. Configure the Trane BMS for BACnet communication in the Medical Examiners 0) 0 and Gato Facilities. d. Migrate the County facilities to the Desigo CC Server. c e. Configure the Trane BMS for BACnet communication in the Medical Examiners and Gato Facilities. f. Install a Desigo Control Point touch screen for local override at sites listed below. g. Implement an ongoing SAS (Software as a Service) contract for Siemens Navigator cloud based Mass. h. Data Manager and Fault Detection Diagnostic Engine, for monitoring and reporting of the County chillers. L Configure Murray E. Nelson Government Center BMS for monitoring by Desigo. II. Scope a. Apogee Panel Upgrades y i. Apogee BMS panels 12, 21 and 23 located at the Monroe County m Detention Center, will have their firmware upgraded, in order to make them compatible with Desigo CC. b. Desigo CC Virtual Machine i. Provide five additional Desigo Client License ca ii. Provide and install necessary Desigo CC point licenses N iii. Creation of Desigo CC graphics, to match existing Insight graphics iv. Existing point configuration will be imported to Desigo CC, including 1. Alarming 2. Trending 3. RENO will be configured with Desigo CC for points migrated to Desigo CC v. Provide sixteen hours of onsite training E c. Configure Trane BMS i. Configure three Trane BCU Controllers to broadcast BACnet in the following facilities: 1. Gato Building E 2. Monroe County Medical Examiner Office d. Migrate Existing Facilities on Insight to Desigo CC i. Facilities to be migrated are as follows: 1. Key West Jackson Square Packet Pg. 2942 2. Harvey Government Center 3. Gato Building 4. Monroe County Detention Center 5. Monroe County Department of Juvenile Justice 6. Monroe County Medical Examiner Office 7. Murray E Nelson Government Center (Not currently on Insight) 8. Monroe County Marathon Government Center/EOC c e. Installation of Siemens Desigo Control Point Dashboard in the following sites 2 i. Stock Island Detention Center c 1. Upgrade of three Siemens IP proprietary panels to BACnet panels. 2. Installation of a BACnet PXC-M and Proprietary PXC-M to act as gateways for override. 3. Provision and installation of 15" Desigo Control Point. 4. Creation of AHU and chiller plant override graphic. ii. Gato Building 1. Provision and installation of 15" Desigo Control Point. 2. Creation of AHU and chiller plant override graphic. f. Murray Nelson Government Center 1. Provision and installation of 15" Desigo Control Point. 2. Creation of AHU and chiller plant override graphic. g. Harvey E Nelson Government Center 1. Provision and installation of 15" Desigo Control Point. 2. Creation of AHU and chiller plant override graphic. W h. Implement Siemens Navigator Solution ca i. Navigator will be configured to monitor and report on the following systems 4 1. Key West Jackson Square (2 chillers) 2. Harvey Government Center (1 chiller) 3. Gato Building (2 chiller) 4. Monroe County Detention Center (2 chiller) 5. Monroe County Sheriff's Administration Facility (1 chiller) 6. Monroe County Department of Juvenile Justice (2 chiller) 7. Monroe County Medical Examiner Office (1 chiller) m 8. Murray E Nelson Government Center (1 chiller) 9. Monroe County Marathon Government Center/EOC (1 chiller) III. Project Clarifications: a. All Work to be completed M-F, 8-5 b. Desigo CC uses a SQL database, currently Desigo CC is using a SQL Express database. In order to operate as an Enterprise Server, Desigo CC requires SQL Server software. Owner to provide SQL Server software licensing. m Packet Pg. 2943 P.6.ai c. Any significant delays if reasonable access is unavailable at times appointed for the work to be performed, will be billed per T&M rates. d. Upgrades to existing BMS panels is not included, beyond what is described in SOW is not included. e. Desigo Control Point and new BACnet panel will require the installation of IP drops by others. f. Existing third party software packages will remain on Insight and continue to function. 2 g. Permit or permit fees are not included. h. Only existing chiller points will be monitored by Navigator, expansion of existing "Site" BMS is not included. L This project requires installation of Siemens cRSP communication software j. Ongoing a system analysis or Navigator SAS subscription is not included in this proposal. 2 ca N m 2 0 Packet Pg. 2944 P.6.ai c 2 ATTACHMENT B 2 r- 0 MATERIALs AND LABOR RATES 0 2 N 0 cD 2 20 Packet Pg. 2945 SIEMENS IItN r f. Siemens Material Part Number Description Quantity List Price Per Sell Price Per Extended Sell O 545-486 FIELD PANEL FIRMWARE FLASH UPGRADE 3 $ 477.94 $ 191.18 $ 573.53 P55802-Yl19-A200 CCA-1-CL CC ADD 1 CLIENT 5 $ 3,547.15 $ 1,418.86 $ 7,094.30 P55802-Yl 33-A300 CCA-P2-DRIVE CC P2 DRIVER 1 $ 867.59 $ 347.04 $ 347.04 ILLI !AP55802 Y1 57 A414 CCA 10000 BA CC 10000 BA DP 1 $ 77,112.35 $ 30,844.94 $ 30,844.94 P55802-Yl 57-E413 CCA-1000-BA-SSM CC ADD 1000 BA DP 1 $ 9,323.08 $ 3,729.23 $ 3,729.23 PXA-SB1 1 5V1 92VA SERVICE BOX 11 5V,24VAC,192VA 1 $ 1,046.42 $ 418.57 $ 418.57 PXC00-PE96.A PXC00-PE96.A AS MODULAR FOR APOGEE 1 $ 7,047.99 $ 2,819.20 $ 2,819.20 PXC00-E96.A PXC00-E96.A AS MODULAR FOR APOGEE 1 $ 5,993.23 $ 2,397.29 $ 2,397.29 TXM1.8D 8 DIGITAL INPUT MODULE 6 $ 576.96 $ 230.78 $ 1,384.70 TXM1.6R 6 RELAY OUTPUT MODULE 8 $ 867.29 $ 346.92 $ 2,775.33 PXA-ENC34 ENCLOSURE ASSY 34 1 $ 1,410.95 $ 564.38 $ 564.38 TXA1.K24 @ADDRESS KEY1-24 2 $ 34.68 $ 13.87 $ 27.74 TXS1.EF4 BUS CONNECTION MODULE,4A FUSE 2 $ 170.32 $ 68.13 $ 136.26 PXM50.E PXM50.E BACnetl IPTouch Panel 15" 4 $ 7,291.67 $ 2,916.67 $ 11,666.67 CD PXA.V50 PXA.V50 wall mounting-kit PXM50 4 $ 600.46 $ 240.18 $ 960.74 Sub-Total $65,739.91 O Outside Material Part Number Description Quantity List Price Per Sell Price Per Extended Sell > O R-9999 Per Diem 59 $ 236.00 $ 236.00 $ 13,924.00 R-9999 Misc Electrical Material 1 $ 1,450.00 $ 2,175.00 $ 2,175.00 .W. Sub-Total $16,099.00 Outside Labor Company Name Iservice Provided List Price Per I Extended Sell Trane I BACnet Push from BCU 1 $ 7,720.43 1$ 11,580.65 i $ Sub-Total $11,580.65 C Siemens Labor Company Name Service Provided I I Extended Sell Siemens I See Attached Detail Sheet 1 $150,163.50 Sub-Tota1 $150,163.50 W Sell Price $243,583.06 Adjustment for County Provided Server -$6,000.00 Final Contract Sell $237,583.06 O O O Unrestricted Packet Pg. 2946 SIEMENS IItN r UfIZ- Siemens Labor Detail Extended Job Title Rate Type Quantity List Price Per Sell Building Automation Monday-Friday(Normal Business Hours) 466 $ 120.00 $55,920.00 Technician to Monday-Friday(Outside Normal Business Hours) $ 180.00 $0.00 Saturdays $ 180.00 $0.00 Sundays&Holidays $ 240.00 $0.00 Service Mechanic Monday-Friday Normal Business Hours $ 108.00 $0.00 Monday-Friday(Outside Normal Business Hours) $ 162.00 $0.00 Saturdays $ 162.00 $0.00 Sundays&Holidays $ 216.00 $0.00 Electrical Services Monday-Friday(Normal Business Hours) Technician $ 147.00 $0.00 Monday-Friday(Outside Normal Business Hours) $ 220.50 $0.00 0 Saturdays $ 220.50 $0.00 ¢ Sundays&Holidays $ 294.00 $0.00 Fire/Life Safety Technician Monday-Friday(Normal Business Hours) $ 105.00 $0.00 Monday-Friday(Outside Normal Business Hours) $ 157.50 $0.00 Saturdays $ 157.50 $0.00 Sundays&Holidays $ 210.00 $0.00 Electrical Installer Monday-Friday(Normal Business Hours) 104 $ 99.00 $10,296.00 Monday-Friday(Outside Normal Business Hours) $ 148.50 $0.00 Saturdays $ 148.50 $0.00 (B Sundays&Holidays $ 198.00 $0.00 Project Manager Monday-Friday(Normal Business Hours) 208 $ 146.25 $30,420.00 ,® Monday-Friday(Outside Normal Business Hours) $ 219.38 $0.00 Saturdays $ 219.38 $0.00 W Sundays&Holidays $ 292.50 $0.00 Application/General Monday-Friday(Normal Business Hours) 366 $ 146.25 $53,527.50 Engineer Monday-Friday(Outside Normal Business Hours) $ 219.38 $0.00 N Saturdays $ 219.38 $0.00 Sundays&Holidays Is 292.50 $0.00 Labor Sub-Total $150,163.50 0 U Unrestricted Packet Pg. 2947 P.6.b Attachment - A I. Solution a. Upgrade the firmware on the three Detention Center Apogee panels to enable Desigo CC compatibility. b. Expand the County's existing Desigo CC Server Software to allow for monitoring y additional sites. c. Configure the Trane BMS for BACnet communication in the Medical Examiners and Gato Facilities. 0) d. Migrate the County facilities to the Desigo CC Server. e. Configure the Trane BMS for BACnet communication in the Medical Examiners and Gato Facilities. f. Install a Desigo Control Point touch screen for local override at sites listed below. ca g. Implement an ongoing SAS (Software as a Service) contract for Siemens Navigator cloud based Mass. h. Data Manager and Fault Detection Diagnostic Engine, for monitoring and reporting of the County chillers. L Configure Murray E. Nelson Government Center BMS for monitoring by Desigo. II. Scope a. Apogee Panel Upgrades i. Apogee BMS panels 12, 21 and 23 located at the Monroe County Detention Center, will have their firmware upgraded, in order to make them compatible with Desigo CC. b. Desigo CC Virtual Machine a, i. Provide five additional Desigo Client License ii. Provide and install necessary Desigo CC point licenses iii. Creation of Desigo CC graphics, to match existing Insight graphics iv. Existing point configuration will be imported to Desigo CC, including 1. Alarming 2. Trending 3. RENO will be configured with Desigo CC for points migrated to Desigo CC v. Provide sixteen hours of onsite training c. Configure Trane BMS i. Configure three Trane BCU Controllers to broadcast BACnet in the following facilities: 1. Gato Building 2. Monroe County Medical Examiner Office d. Migrate Existing Facilities on Insight to Desigo CC i. Facilities to be migrated are as follows: 1. Key West Jackson Square Packet Pg. 2948 P.6.b 2. Harvey Government Center 3. Gato Building 4. Monroe County Detention Center 5. Monroe County Department of Juvenile Justice _ 6. Monroe County Medical Examiner Office 7. Murray E Nelson Government Center (Not currently on Insight) 8. Monroe County Marathon Government Center/EOC e. Installation of Siemens Desigo Control Point Dashboard in the following sites E i. Stock Island Detention Center Q 1. Upgrade of three Siemens IP proprietary panels to BACnet panels. 2. Installation of a BACnet PXC-M and Proprietary PXC-M to act as gateways for override. 3. Provision and installation of 15" Desigo Control Point. ca 4. Creation of AHU and chiller plant override graphic. ii. Gato Building 1. Provision and installation of 15" Desigo Control Point. 0 2. Creation of AHU and chiller plant override graphic. f. Murray Nelson Government Center 1. Provision and installation of 15" Desigo Control Point. 2. Creation of AHU and chiller plant override graphic. g. Harvey E Nelson Government Center 1. Provision and installation of 15" Desigo Control Point. 2. Creation of AHU and chiller plant override graphic. c h. Implement Siemens Navigator Solution i. Navigator will be configured to monitor and report on the following systems 0 1. Key West Jackson Square (2 chillers) 2. Harvey Government Center (1 chiller) 3. Gato Building (2 chiller) 4. Monroe County Detention Center (2 chiller) 5. Monroe County Sheriff's Administration Facility (1 chiller) 6. Monroe County Department of Juvenile Justice (2 chiller) m 7. Monroe County Medical Examiner Office (1 chiller) 8. Murray E Nelson Government Center (1 chiller) 9. Monroe County Marathon Government Center/EOC (1 chiller) III. Project Clarifications: E a. All Work to be completed M-F, 8-5 b. Desigo CC uses a SQL database, currently Desigo CC is using a SQL Express database. In order to operate as an Enterprise Server, Desigo CC requires SQL Server software. Owner to provide SQL Server software licensing. Packet Pg. 2949 P.6.b c. Any significant delays if reasonable access is unavailable at times appointed for the work to be performed, will be billed per T&M rates. d. Upgrades to existing BMS panels is not included, beyond what is described in SOW is not included. _ e. Desigo Control Point and new BACnet panel will require the installation of IP drops by others. f. Existing third party software packages will remain on Insight and continue to function. E g. Permit or permit fees are not included. h. Only existing chiller points will be monitored by Navigator, expansion of existing "Site" BMS is not included. L This project requires installation of Siemens cRSP communication software j. Ongoing a system analysis or Navigator SAS subscription is not included in this ca proposal. r- 2 0 2 r- 0 0 2 Packet Pg. 2950 SIEMENS joy+ t4 i� -far Ufe- PROPOSAL Monroe County EBMS Rev? w PREPARED BY Siemens Industry,Inc. m PREPARED FOR Antonio Davila DELIVERED ON April 20,2020 C 2 JA 0 CJ 0 � � ��� r l-i t � iyr � k t APY "'o 77 CL Gc� f Packet Pg. 2951 xu Sp fe- Table of Contents SIEMENS PROPOSAL ....................................................................................................... 3 Contact Information .............................................................................................. 3 ProjectDescription................................................................................................. 4 PaymentTerms...................................................................................................... 8 Termsand Conditions..................................................................................................... 9 Terms & Conditions Link(s) .................................................................................... 9 E SignaturePage............................................................................................................. 10 SignaturePage .................................................................................................... 10 r- c JA c U w c r- c c c c 0. c CL Pa Packet Pg. 2952 xu Sp Contact Information Proposal #: 3651259 Date: April 20,2020 Sales Executive: Joe Summerlin E a) 3021 N Commerce Parkway Branch Address: Florida, 33025 Telephone: (954) 914-1179 Email Address: joesummerlin@siemens.com C Customer Contact: Antonio Davila Customer: COUNTY OF MONROE LLj JA Address: 1200 Truman Ave, Ste 211 KEY WEST FL 33040 c Services shall be provided at: c c c 0. c Pa Packet Pg. 2953 So, Sp Project Description Proiect: Monroe County EBMS Rev 7 Existing Situation: Siemens conducted a site survey and the following observations were made: m m • Currently Monroe County is using Siemens Insight BMS Server for monitoring and controlling the BMS throughout Monroe County Facilities • Siemens Insight software was retired March 31, 2018 • The replacement software for Insight BMS is Desigo CC, Monroe County currently owns a licensed copy Desigo CC software. This software is being used to monitor the Sheriff's Administration Building Fire Alarm System • Three existing Apogee BMS panels were found not to be compatible with Desigo CC m • Monroe County would like to move to a Enterprise solution for their BMS • Additionally Monroe County would like to implement a cloud based Mass Data Manager and Fault Detection Diagnostic Engine, initially for monitoring county chillers y c Proposed Solution: Siemens proposes the following solution set to meet the County's needs and prepare for the County for future c expansion. m • Upgrade the firmware on the three Detention Center Apogee panels to enable Desigo CC compatibility • Expand the County's existing Desigo CC Server Software to allow for monitoring additional sites • Configure the Trane BMS for BACnet communication in the Medical Examiners and Gato Facilities • Migrate the County facilities to the Desigo CC Server 76 • Configure the Trane BMS for BACnet communication in the Medical Examiners and Gato Facilities • Install a Desigo Control Point touch screen for local override at sites listed below • Implement an ongoing SAS (Software as a Service) contract for Siemens Navigator cloud based Mass 76 `✓ Data Manager and Fault Detection Diagnostic Engine, for monitoring and reporting of the County 0. chillers • Configure Murray E. Nelson Government Center BMS for monitoring by Desigo CL Pa Packet Pg. 2954 So, Sp Scope: Apogee Panel Upgrades • Apogee BMS panels 12, 21 and 23 located at the Monroe County Detention Center, will have their y firmware upgraded, in order to make them compatible with Desigo CC m Desgio CC Virtual Machine • Provide five additional Desigo Client License • Provide and install necessary Desigo CC point licenses • Creation of Desigo CC graphics, to match existing Insight graphics ca • Existing point configuration will be imported to Desigo CC, including • Alarming • Trending c • RENO will be configured with Desigo CC for points migrated to Desigo CC • Provide sixteen hours of onsite training W c Configure Trane BMS 0 • Configure three Trane BCU Controllers to broadcast BACnet in the following facilities c • Gato Building • Monroe County Medical Examiners Office c Migrate Existing Facilities on Insight to Desigo CC > c • Facilities to be migrated are as follows • Key West Jackson Square • Harvey Government Center • Gato Building0. • Monroe County Detention Center CL • Monroe County Department of Juvenile Justice • Monroe County Medical Examiners Office • Murray E Nelson Government Center(Not currently on Insight) • Monroe County Marathon Government Center/EOC Installation of Siemens Desigo Control Point Dashboard in the following sites • Stock Island Detention Center • Upgrade of three Siemens IP proprietary panels to BACnet panels Pa Packet Pg. 2955 So, Sp • Installation of a BACnet PXC-M and Proprietary PXC-M to act as gateways for override • Provision and installation of 15" Desigo Control Point • Creation of AHU and chiller plant override graphic • Gato Building • Provision and installation of 15" Desigo Control Point y • Creation of AHU and chiller plant override graphic Murray Nelson Government Center m • • Provision and installation of 15" Desigo Control Point a) • Creation of AHU and chiller plant override graphic • Harvey E Nelson Government Center • Provision and installation of 15" Desigo Control Point • Creation of AHU and chiller plant override graphic ca Implement Siemens Navigator Solution .5 Navigator will be configured to monitor and report on the following systems JA • • Key West Jackson Square (2 chillers) • Harvey Government Center(1 chiller) • Gato Building (2 chiller) • Monroe County Detention Center (2 chiller) • Monroe County Sheriff's Administration Facility (1 chiller) • Monroe County Department of Juvenile Justice (2 chiller) • Monroe County Medical Examiners Office (1 chiller) • Murray E Nelson Government Center (1 chiller) • Monroe County Marathon Government Center/EOC(1 chiller) c c c 0. c CL Pa Packet Pg. 2956 So, Sp I , 1C 4 i� - r"Ufe— Project Clarifications: • All Work to be completed M-F, 8-5 • Desigo CC uses a SQL database, currently Desigo CC is using a SQL Express database. In order to 2 Ch operate as a Enterprise Server, Desigo CC requires SQL Server software. Owner to provide SQL Server software licensing. • Any significant delays if reasonable access is unavailable at times appointed for the work to be performed, will be billed per T&M rates a) • Upgrades to existing BMS panels is not included, beyond what is described in SOW is not included • Desigo Control Point and new BACnet panel will require the installation of IP drops by others • Existing third party software packages will remain on Insight and continue to function • Permit or permit fees are not included • Only existing chiller points will be monitored by Navigator, expansion of existing "Site" BMS is not ca included • This project requires installation of Siemens cRSP communication software • Ongoing an system analysis or Navigator SAS subscription is not included in this prop JA c c r- c m c c c 0. c CL Pa Packet Pg. 2957 4u9w96euqAj Buipj!ng IB4UOWUOJIAu3 s,A4unoo eojuoWla a do 04 ' n®add ) ' s Oa :4ugwg3e44 LO 0 LJfi IL 1 i 1 1 ig U U U U N i a �` S4�, Y 4t F E E E C 0 , s o o o 0 0 .� .c IL C) C) c� 0 oo — o v, U u U E E U pap U U) N g O p U o CD � m 2 V i o o U) O � d 10 ED ka f f 1 � mi'lML: ain3 � cc O U x � 1 frl r t a � � U N N a o c o �. 75 . . aIsAmb, ;uewoftueW Building IB4UOWuOalnu3 s,l;unoo soauoW slaea6dn O; IBnoiddV) IesodOad :4u8wg3B44V LO c c c cat 0) 1 O_ O O .3 > IL tA W , OO 000 w U U U U LO U IL 00 d 000 (A U v H} c Q m Q' 11 � fA UJ C 0 N N % Ikk CLO cO w k C S to rr U U U - tm mi � r T 0 � N tll fA N � = i _ d t Q LC0R e Gi Q p (� m ) � 'I'll 2 w c OL U N N m - - c 0 0 4° V R N U LMr •- �. >> R 0 o (1) z a L C0 y G it P.6.c SIEMENS Qf - qq ¢-. =_t 'f � __yjy'' _ 1 { _ �.537 91.}� ftY •�F _� 13 f w.. "'f1 �G -__ _ .�{t..� _- _ _- - '� _ - - ___ __+R, �• �'_: Q §,: - - � - - - - 4 ,ill, - - - �i� - I C 2 t:R> 0 Ca i 2 0 High-quality touch panels for technical on-site operation of plants as well as room operation. • Optimized for local on-site operation of the Siemens and third-party building automation and control systems o 0 • PXM40.E and PXM50.E have an integrated web server with HTML5.0 interface • PXM40.E and PXM50.E support BACnet/IP (BTL certified, B-OD) • PXM40-1 and PXM50-1 are web clients for communicating with HTML5.0 capable web servers, for example, PXG3.W100-1 or PXG3.W200-1 76 `✓ • Generic operation and monitoring of plant functions (alarms, schedulers, calendars, set point changes, display of actual values, etc.) 0. • Online engineering of customized graphics, or offline with ABT site CL • Compact design featuring a low installation depth for mounting in panel doors • Wall mounting with installation frames (ordered separately) E • High-resolution, capacitive touch displays (landscape) • LED to display alarms on an inactive screen • Operating voltage AC 24 V, DC 24 V, or Power over Ethernet (PoE) CEU ® 01 FC A6V11554094_enUS Building Technologies 2018-10-26 Packet Pg. 2960 Touch(Panels Standard .� PXMSQ E ------____ XM - Web Browser �y �j °. P �,jM4 .E 6 PM .a, PXM30.E III` PXM30-1 [� BA net/llP P hlr....... PXG .Wx00-1 E CD Modular Controllers Compact Controllers CD C R2.M.. D R2.E.. 3rd-party Touch panels are highly flexible and scalable: • Plant operation by technicians • Operation of various room environments by the end user. > • Examples: Offices, conference rooms, or even entire floors • Remote access on very small projects is direct via the touch panel's integrated web interface • On large projects: A combination of various touch panel variants using HTML5-capable standard operator units (notebook, smart phone, tablet) 0 CJ The devices are suitable for installation in panel doors as well as wall mounting using mounting frame (ordered separately). 0 El Operate and monitor 0 The device has a web server that processes data from Siemens and third-party BACnet building automation and control devices and presents it to web clients via HTML5 web pages. The following functions are available to operate and monitor a plant: • Login and log off • User administration 76 • Customized graphics 0 0 • Alarm view to monitor, acknowledge and log alarms • Alarm forwarding to e-mail recipient CIL • Graphics-based operation of time schedules • Graphically displaying trend data • Generic operation of all objects and properties of assigned devices 2 Siemens Industry, Inc. A6V11554094_enUS Building Technologies Packet Pg. 2961 So, Sp I , 144 i� r-4�f Payment Terms Payment Terms Acceptance Agreement The total price of: $237,583.06 and the estimated return on investment are based on the items outlined in y this proposal. ANY statements made herein regarding savings that may be achieved by implementing the services offered in this proposal are estimates only. No warranty, either expressed or implied, shall be construed to arise from such statements, nor shall such statements be construed as constituting a guarantee a, by Siemens that such savings will occur if the services are implemented. Terms and Conditions Disclaimer The Customer acknowledges that when approved by the Customer and accepted by Siemens Industry, Inc.. (i)the Proposal and the Contract Terms and Conditions, (together with any other documents incorporated ca into the forgoing) shall constitute the entire agreement of the parties with respect to its subject matter (collectively, hereinafter referred to as the "Agreement") and (ii) in the event of any conflict between the terms and conditions of the Proposal and the terms and conditions of The Contract Terms and Conditions, the Contract Terms and Conditions shall control. JA BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR 0 REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE CUSTOMER. C 0 This Proposal is based on the Siemens Industry, Inc. Standard Terms and Conditions and the "Scope of Work" m and are to be considered part of this proposal. Proposal is valid for thirty (30) days from the delivery date of December 05, 2019. Payment is due within 30 days of invoice date. Payment Terms:25%mobilization in advance, progress payments Total: $243,583.06 Per Contract > 2 -$6,000.00 Adjustment for County Provided Server $237,583.06 Final Contract Sell 0 0. 0 CL Pa Packet Pg. 2962 Terms & Conditions The Terms and Conditions of this offer are those found in the NJPA Siemens Contract Award 030817. m r- c JA c c r- c CD c c c 0. c CL Pa Packet Pg. 2963 xu Sp Signature Page Proposed by: Accepted by: Siemens Industry, Inc. COUNTY OF MONROE Company Company Joe Summerlin a) Name Name (Printed) 3651259 ca Proposal # Signature r- $237,583.06 Proposal Amount Title �+ April 20, 2020 c Date Date m Purchase Order # c 76 c 76 c 0. c CL Pag Packet Pg. 2964 SIEMENS IItN r f. Siemens Material Part Number Description Quantity List Price Per Sell Price Per Extended Sell 545-486 FIELD PANEL FIRMWARE FLASH UPGRADE 3 $ 477.94 $ 191.18 $ 573.53 P55802-Yl19-A200 CCA-1-CL CC ADD 1 CLIENT 5 $ 3,547.15 $ 1,418.86 $ 7,094.30 P55802-Yl 33-A300 CCA-P2-DRIVE CC P2 DRIVER 1 $ 867.59 $ 347.04 $ 347.04 P55802-Yl 57-A414 CCA-10000-BA CC 10000 BA DP 1 $ 77,112.351 $ 30,844.94 $ 30,844.94 P55802-Yl 57-E413 CCA-1000-BA-SSM CC ADD 1000 BA DP 1 $ 9,323.08 $ 3,729.23 $ 3,729.23 W PXA-SB1 1 5V1 92VA SERVICE BOX 11 5V,24VAC,192VA 1 $ 1,046.42 $ 418.57 $ 418.57 N PXC00 PE96.A PXC00-PE96.A AS MODULAR FOR APOGEE 1 $ 7,047.99 $ 2,819.20 $ 2,819.20 PXC00-E96.A PXC00-E96.A AS MODULAR FOR APOGEE 1 $ 5,993.23 $ 2,397.29 $ 2,397.29 TXM1.8D 8 DIGITAL INPUT MODULE 6 $ 576.96 $ 230.78 $ 1,384.70 0) TXM1.6R 6 RELAY OUTPUT MODULE 8 $ 867.29 $ 346.92 $ 2,775.33 PXA-ENC34 ENCLOSURE ASSY 34 1 $ 1,410.95 $ 564.38 $ 564.38 w CD TXA1.K24 @ADDRESS KEY1-24 2 $ 34.68 $ 13.87 $ 27.74 TXS1.EF4 BUS CONNECTION MODULE,4A FUSE 2 $ 170.32 $ 68.13 $ 136.26 PXM50.E PXM50.E BACnetl IPTouch Panel 15" 4 $ 7,291.67 $ 2,916.67 $ 11,666.67 PXA.V50 PXA.V50 wall mounting-kit PXM50 4 $ 600.46 $ 240.18 $ 960.74 CD Sub-Total $65,739.91 Outside Material Part Number Description Quantity List Price Per Sell Price Per Extended Sell R-9999 Per Diem 59 $ 236.00 $ 236.00 $ 13,924.00 R-9999 Misc Electrical Material 1 $ 1,450.00 $ 2,175.00 $ 2,175.00 Sub-Total $16,099.00 O Outside Labor Company Name Iservice Provided List Price Per I Extended Sell Trane I BACnet Push from BCU 1 $ 7,720.43 $ 11,580.65 N $ Sub-Total $11,580.65 O Siemens Labor (J Company Name Service Provided I I Extended Sell 0) Siemens See Attached Detail Sheet $150,163.50 L_ Sub-Tota1 $150,163.50 O Sell Price $243,583.06 Adjustment for County Provided Server -$6,000.00 Final Contract Sell $237,583.06 O O O 0. O CL Unrestricted Packet Pg. 2965 SIEMENS IItN r f. Siemens Labor Detail Job Title Rate Type Quantity List Price Per Extended Sell Building Automation Monday-Friday(Normal Business Hours) 466 $ 120.00 $55,920.00 Technician Monday-Friday(Outside Normal Business Hours) $ 180.00 $0.00 Saturdays $ 180.00 $0.00 Sundays&Holidays $ 240.00 $0.00 Service Mechanic Monday-Friday Normal Business Hours $ 108.00 $0.00 Monday-Friday(Outside Normal Business Hours) $ 162.00 $0.00 a) Saturdays $ 162.00 $0.00 Sundays&Holidays $ 216.00 $0.00 Electrical Services Monday-Friday(Normal Business Hours) Technician $ 147.00 $0.00 Monday-Friday(Outside Normal Business Hours) $ 220.50 $0.00 Saturdays $ 220.50 $0.00 Sundays&Holidays $ 294.00 $0.00 Fire/Life Safety Technician Monday-Friday(Normal Business Hours) $ 105.00 $0.00 Monday-Friday(Outside Normal Business Hours) $ 157.50 $0.00 C Saturdays $ 157.501 $0.00 Sundays&Holidays $ 210.00 $0.00 Electrical Installer Monday-Friday(Normal Business Hours) 104 $ 99.00 $10,296.00 Monday-Friday(Outside Normal Business Hours) $ 148.50 $0.00 JA Saturdays $ 148.50 $0.00 Sundays&Holidays $ 198.00 $0.00 Project Manager Monday-Friday(Normal Business Hours) 208 $ 146.25 $30,420.00 fJ Monday-Friday(Outside Normal Business Hours) $ 219.38 $0.00 Saturdays $ 219.38 $0.00 Sundays&Holidays $ 292.50 $0.00 Application/General Monday-Friday(Normal Business Hours) 366 $ 146.25 $53,527.50 Engineer Monday-Friday(Outside Normal Business Hours) $ 219.38 $0.00 Saturdays $ 219.38 $0.00 Sundays&Holidays $ 292.50 $0.00 0 Labor Sub-Total $150,163.50 0 0 0. 0 CL Unrestricted Packet Pg. 2966 P.6.d NON-COLLUSION AFFIDAVIT I, Joe Summeflin of the city of Miramar according to law on my oath, and under penalty of perjury, depose and say that a. I am S,aIes bead of the firm of ) Siemens Industr4, Ine. the bidder making the Proposal for the project described in the Request for Proposals for E and that I executed the said 0) proposal with full authority to do so; b. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. no attempt has been made or will be made by the bidder to induce any other LUL person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said pTject. (Sna re) Date: 12 - 2,-: STATE OF: C 6 f > COUNTY OF: Subscribed and sworn to (or affirmed) before me on '�`'G�Y�rt d tf (date) by 0 iY (name of affiant). He/She is pqr§gnally known to me or has produced (type of identification) as identification. " ID 4, hHY BRIDGE 17ECAMARCO N©TARY PUBLIC fr= MY COMMISSION It GG 272362 a` EXPIRES:February 27,2023 � 4r'iI. Bonded Thru Hoary Public Underwriters My COmmISSIOn Expires .a '' �_ .. Unrestricted Packet Pg. 2967 P.6.d SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Siemens Industry, Inc. E W (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." _ . ( Ign 21fure) Date: STATE OF: M1 i 0 COUNTY OF: f 1 m Subscribed and sworn to (or affirmed) before me on 0 (date) by _ (name of affiant). He/She is personally known to me or has produced 4 y (type of identification) as identification. ­-`,, � (MISSION GG 2T2362 m 4 EXPIRES:February 2"T,2423 ��= 'cUndeN+rters NOTARY PUBLIC My Commission Expires: r,\,t ` < ; 0,1 _ Unrestricted Packet Pg. 2968 P.6.d DRUG-FREE WORKPLACE FOR The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) y 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace 0) and specifying the actions that will be taken against employees for violations of such a, prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of a working on the commodities or contractual services that are under bid, the employee will r abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring LU in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. -� (Sig,0fat e).�� �" 1 Date: Z STATE OF: ua-1 COUNTY OF: (! C ' Subscribed and sworn to or affirmed before me on ,'a ,,, _ ' ( ) -� t � -���)� � (date) by (11`1 (nam,e of affiant): fietShe is p ongj ly known to me or has produced Z (type of identifi ation) as f � identification. TARY P U B L I C ` E3RIDGE i rE GACdARGO NAY cot,wl ISSION 111 GG 272362 f rxFiFEs:Fe���a�y2i,2023 My Commission Expires: Eonde.�T im iN i.ry Pui;i c Un ier;:ii'^r Unrestricted Packet Pg. 2969 P.6.d PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any o public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY E TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Joe Summerlin (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Sipatur,6) E 2 Date: LU STATE OF: I %2� COUNTY OF: _ (? f ., � 0 r Subscribed and sworn to (or affirmed) before me on s ' i�t., , ���, 0 (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. d N , ,I PFnDGE-FrECAMARGO ., &ARY PUBLIC G-AfNISSIOPJ t{GG 272362 pEpy F = 0 �„ s Iebn�ary27,2023 My Commission Expires: �re�°e Eoi ded Thr,t��ary Puh&r Undrrs it r^, N •�,.�.,s���-�� ... -ate _ .:: : 0 U Unrestricted Packet Pg. 2970