05/20/2020 Agreement "4, Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE August 10, 2020
TO: Alice Steryou
Contract Monitor
FROM: Pamela G. Hanc C.
SU$JECF: May 20th BOCC Meeting
Attached is an electronic copy of die following item for your handling:
P6 Agreement with Siemens Industry, Inc. for Environmental Building Management
Systems (EBMS) with a Desigo Enterprise BMS for die amount of S237,583.06 allowing the
County to monitor additional sites remotely and locally in a unified system. This replaces obsolete
systems in critical facilities.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: Facilities Supervisor
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AGREEMENT FOR
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
"COUNTY,"through the Monroe County Board of County Commissioners("BOCC"or"Board"),
AND et.
Delaware
Siemens Industry, Inc., a ru,.19„ fu, flutit 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,
Miramar, Florida 33025, its successors and assigns, hereinafter referred to as "Siemens" or
"CONTRACTOR",
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
Project Management, Building Automation, Electrical Services, Hardware Activation and
Configuration, Hardware Shipping and Installation 8 Testing, Hardware Warranty, and Server
Setup with Software, Migrating existing Enterprise Desigo CC server software to the County's
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
referred to as the"Project"; and
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-
SIE, effective May 8, 2017 to May 8, 2021)(hereinafter"Siemens Contract#030817-SIE");
NOW,THEREFORE,in consideration of the mutual promises,covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONTRACTOR agree as follows:
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:
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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.
1.1.2 The CONTRACTOR has become familiar with the site(s) and the local conditions under
which the Project is to be completed.
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.
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,
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
termination to the CONTRACTOR.
1.1.6 Al all times and for all purposes under this Agreement, the CONTRACTOR is an
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
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.
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2.2 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
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:
Joe Summerlin
Siemens Account Executive
Siemens Industry, Inc.
Building Technologies Division
3021 N. Commerce Parkway
Miramar, Florida 33025
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
approved by the COUNTY before commencement.
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
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.
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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
CONTRACTORS 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.
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
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.
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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,
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
CONTRACTOR agrees and warrants thatit shall hold the COUNTY harmless and shall
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 VI(
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
CONTRACTOR'S performance of this Agreement based on the materials and labor rates
outlined in Attachment B. The Total Estimated Not to Exceed Amount of Two Hundred
Thirty-seven Thousand Five Hundred Eighty-three and 06/100 ($237,583.06) Dollars will
apply to this Agreement.
7.2 PAYMENTS
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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
to the Local Government Prompt Payment Act, Sec. 218.70, et seq., Florida Statutes.
(A) If the CONTRACTOR'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
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 CONTRACTORS
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
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.
7.3.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
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-SIE, 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
INSURANCE
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
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
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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
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.
8.3 CONTRACTOR shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statutes, Chap.440.
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 actor omission of the CONTRACTOR or any of its employees, agents
or subcontractors, including Premises and/or Operations, Products and Completed
Operations, Independent Contractors; Broad Form Property Damage and a Blanket
Contractual Liability Endorsement with a $1,000,000 Combined Single Limit.
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
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.
E. Professional Liability Insurance or Engineer's Errors and Omissions insurance of
$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
Fine and Cost.The minimum limits acceptable is: $1.000,000.
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.
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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
financial statements from the fund upon request from the COUNTY.
I. As a pre-requisite of the work and services governed, or the goods supplied under
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
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
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
for the Contractor's failure to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self insured
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
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-
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renewal, material change, or reduction in coverage unless a minimum of thirty
(30)days prior notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be
construed as relieving the Contractor from any liability or obligation assumed
under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as"Additional Insured"with respect to CONTRACTOR'S liabilities
hereunder in insurance coverages identified in Paragraphs C and D.
Any deviations from these General Insurance Requirements must be requested
in writing on the County prepared form entitled"Request tor Waiver of Insurance
Requirements"and approved by Monroe County Risk Management Department.
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
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,
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
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.
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.
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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
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
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.
E. Scrutinized Companies: For Contracts of any amount, if the County determines that
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
This contract consists of the Sourcewell's Request for Proposals(RFP),any addenda,the
Form of Agreement(Siemen's Contract#031817-SIE),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.
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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
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.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or is
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
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
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
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
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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,
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
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
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
venue shall lie in the 16'"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
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
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.
9.10 ATTORNEY'S FEES AND COSTS
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
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
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attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorneys fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
9.11 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
9.12 AUTHORITY
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 slate 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
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
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
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.
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
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)
The Age Discrimination Act of 1975, as amended(42 USC§§6101-6107),which prohibits
discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;6)The
Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation
Act of 1970(PL 91-616),as amended,relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7)The Public Health Service Act of 1912, §§ 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
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
recited in this Agreement.
9.18 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
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
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
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
"public record"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 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.
(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
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
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
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 inspector 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
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
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.
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
BRADLEY-BRIAN(a`MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE, 1111 12T" STREET, SUITE 408,
KEY WEST, FL 33040.
9.21 NON-WAIVER OF IMMUNITY
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
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
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY,except to the extent permitted by the Florida constitution,
state statute, and case law.
9.24 NON-RELIANCE BY NON-PARTIES
16
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
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
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
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.
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
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
17
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
� thorized representative on the day and year first above written.
=j I BOARD OF COUNTY COMMISSIONERS
rP . Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By:CA- `clerk By.
s in,
Deputy Clerk ayor/ irman
Date: r'Vlay 201 yo 'yo
(Seal) CONTRACTOR: SIEMENS INDUSTRY, INC.
Attest: A Foroign for P•ofit Ce•pe—trn et
A Delaware Corporation
.'< • - - Mathewson ;Itt::.t�aF°"
By: �nd/h. � "o "'- - • By: Daniel — _.r.g..��.m.
Printed Name!atherine Nierman Printed Name: Dan Mathewson
Branch FBA Branch General Manager
Title: Title:
_0 1
N i.
O 9 MONROOEEPCOOUgNVTY�ATrORNEEY''S OFFICE
V — G.7 �roF PA
�i�
W
rY_ Q - - PATRIOIA EABLES
f: ASSISTANT,l LI�.(%LVLV[F ATTORNEY
co O 3: CATE:
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a
18
ATTACHMENT A
SCOPE OF BASIC SERVICES
19
Attachment - A
I. Solution
a. Upgrade the firmware on the three Detenton 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
and Gato Facilities.
d. Migrate the County facilities to the Desigo CC Server.
e. Configure the Trane BMS for BACner 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.
I. 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
Provide five additional Desigo Client License
l Provide and install necessary Desigo CC point licenses
ilili. Creaton 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 Irene 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
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
i. Stock Island Detention Center
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.
h. Implement Siemens Navigator Solution
i. Navigator will be configured to monitor and report on the following
systems
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 Sheriffs Administration Facility(1 chiller)
6. Monroe County Department of Juvenile Justice(2 chiller)
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:
a. Al 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 licens ng.
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.
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.
I. This project requires installation of Siemens cRSP communication software
J. Ongoing a system analysis or Navigator SAS subscription is not included in this
proposal.
ATTACHMENT B
MATERIALS AND LABOR RATES
20
SIEMENSL
Itie'L4iy for(aft.
Siemens Material
Part Number Description Qua tity List Price Per Sell Price Per Extended Sell
545.486 FIELD RAN EL FIRMWARE FLASH UPGRADE 477.94 3 191.18 S 57353
P55802-Y119-A200 CCA-1-CL CC ADD 1 CUENT 3,547.15 S 141886 S 7,094.30
P55802-9133-A300 CCA-P2-DRIVE CC P2 DRIVER 867.595 347.04 $ 34704
855802-Y19-4414 CCA-10000-BA CC 10000 BA DP 77,112.35 5 30,84494 $ 30,844.94
P55002-YI9-E413 CCA-I000-BA-SSM CC ADD 1000 BA OP 9,323 08 5 3,729 23 $ 3.729.23
PXASB115V192VA SERVICE BOX 115V,24VAC,192VA 1,04642 5 418.57 $ 418.57
PXCOO-PE96A PXCOO-PE96A AS MODULAR FOR APOGEE 7,047.99 5 2,81920 $ 2,819.20
PXCOD-E96.A PXCOO-E96.A AS MODULAR FOR APOGEE 5,99323 5 2,397.29 5 2,397.29
TXM18D 8 DIGITAL INPUT MODULE 576.96 S 23078 1 1,384.70
TXM1.6P 6 RELAY OUTPUT MODULE 867.29 5 346.92 S 2,775 33
PXA-E NC34 ENCLOSURE ASSY 34 1410.95 E 564.38 $ 564.38
TXA1.K24 @ADDRESS KEY 1-24 34.68 S 13.87 $ 27.74
TXSIEF4 BUS CONNECTION MODULE,4A FUSE 170.32 5 68.13 $ 136.26
PXM50 E PXMSOE BACnetl IP Touch Panel 15" 7,29167 5 2,916.67 $ 11,666.67
PXA.V50 PXA V50 wall mounting-kit PXM50 60046 S 240.18 $ 960.74
Sub-Total $65,739.91
Outside Material
Part Number Description Quantity List Price Per Sell Price Per Extended Sell
R-9999 Per Diem 59 $ 23600 $ 236.00 S 13,924.00
R-9999 Misr Electrical Material 1 $ 1450 CO $ 2,17500 $ 2,17500
Sub-Total $16,09900
Outside Labor
Company Name Service Provided List Price Per Extended Sell
Trane BAcnel Push from BCU I S 7,720.43 $ 11,580 65
5 -
Sub-Total $11,580.65$
Siemens Labor
Company Name Service Provided Extended Sell
Siemens See Attached Detail Sheet 5150,163 50
Sub-Total S150,163.50
Sell Price S243,583.06
Adjustment for County Provided Server -$6.000.00
Final Contract Sell $237.583.06
Unrecto-md
•
SIEMENS
la8.0..t for(Aft_
Siemens labor Detail
ded
lob Title Rate Type Quantity List Price Per Ertsell
Sell
Building Automation Monday-Fiday(Normal Business Hours) 466 5 120.00 S55,920 00
Technician
Monday-Fiday(Outs de Normal Business Hours) 5 180.00 $0 00
Saturdays 5 180.00 $0.00
Sundays&Holidays S 240.00 S0 00
Service Mechanic Monday-Friday Normal Business Hours 5 108.00 S0.00
Monday-Friday(Outside Normal Business Hours) 5 162.00 4000
Saturdays 5 162,00 50.00
Sundays&Holidays S 216.00 5000
Electrical Services Monday-Friday(Normal Business Hours) 5 147.00 SO 00
Technician
Monday-Friday(outside Normal Business Hours) 5 220.50 $0.00
Saturdays 5 220.50 $0.00
Sundays&Holidays 5 294.00 $0.00
Firehife Safety Technician Monday-Friday(Normal Bus ness Hours) 5 10500 $000
Monday-Friday(Outside Normal Business Hours) 5 157.50 $000
Saturdays 5 157.50 40.00
Sundays&Holidays 5 21000 $0.00
Electrical Installer Monday-Friday(Normal Business Hours) 104 5 99.00 $10,296.00
Monday-Friday(Outside Normal Business Hours) 5 148.50 $0.00
Saturdays 5 149.50 $0 00
Sundays&Holidays 5 199.00 $0.00
Project Manager Monday-Fiday(Normal Business Hours) 208 S 146 25 $30,420.00
Monday-Fiday(Outside Normal Business Hours) 5 21938 5000
Saturdays 5 219.38 50 00
Sundays 3 Holidays 5 29250 $0.00
Application/General Monday-Friday(Normal Business Hours) 366 S 146.25 $53,527.50
Engineer
Monday-Friday(Outside Normal Business Hours) 5 219.38 SO.00
Saturdays 5 219.38 50.00
Sundays&Holidays S 292,50 50.00
Labor Sub-Total 5150,163.50
unresmned
NON-COLLUSION AFFIDAVIT
I, Joe Summerlin of the city of Miramar according to law on
my oath, and under penalty of perjury, depose and say that
a. I am Sales f.ead of the firm of
Siemens Industry Inv the bidder making the
Proposal for the project described in the Request for Proposals for
EMS Expansion and that I executed the said
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
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition;
_ a 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 pr ject.
(9" a re) ---"''Zi�
Date: J2- 2 - 2o/`r
STATE OF: F L L IL 10.)
COUNTY OF: fir;' V I✓l->ILp
Subscribed and sworn to (or affirmed) before me on [Nat,'-wi Ths. 2 ,..)rj `) (date) by
✓ (name of affiant). He/She is personally known
to me or has produced (type of
identification) as identification.
.. MRIDGEITECAMARCO �J.(Y'f ,vL��.
•
�* .K MY COMMISSION NGG 2]23E2 6fi1----72 LC
't.- : EXPIRES:F bmary21.2023 C/
ueweo Normwamund r iers My Commission Expires: ea-,r i.J 6_
Unrestricted
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Siemens Industry, Inc.
(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,
( gn ure)
Date: /2 —Z — 2 0 /
STATE OF: P. DR I -
COUNTY OF: (42(],
Subscribed and sworn to (or affirmed) before me on
.U .I
(date) by (name of affiant). He/She is
personally known to me or has produced
(type of identification) as
identification.
• T CN�A
jyr MIRIOGFSSION N GG 272362
• EXPIRES: 27,.rin
Ne n,
NOTARY PUBLIC
My Commission Expires: F Lk' "27 R 3
Unrestricted
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
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
working on the commodities or contractual services that are under bid, the employee will
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
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.
(Si at y e)
D te: 12 -2 - 2 01 %
STATE OF:
COUNTY OF:Subscribed and sworn to (or affirmed) before me on t1( l 1,1 j& .2 ..:2(Jlt-r (date) by
L- (name of affla He/She,is (persona ly known to
me or has produced (tyke of identifi ate) as
identification.
`6 � ,%"
NARY PUBLIC
EE ., BRIDGE:7E CAMARGO
COMMISSION
!I' MY COMMI N GC 272352
EXPIRES Fehmaryz] 023 My Commission Expires: ram, ' .2 77.E
Unrestricted
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 properly 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, for CATEGORY
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 (Respondents name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
q /,
(Siggature)
Date: / 2 - 2 - 2-0 / 9'
STATE OF: / r'ij 1 v7)
COUNTY OF: �jk (,t, A/u)
Subscribed and sworn to (or affirmed) before me on lit" ig Ili it c+ .20/7
(date) by `_--- (name of affiant). He/She is personally
known to me or has produced (type of identification)
as identification.
- � ARYPUBLIC
rrrecnnnnce
1 p1�CO 4MI5510NNGG 212362 I
�t`y� reru sr nmary2l xma omm r— L`2 i a
rb]Nil VogryluOeucc :nl.rnl My Commission Expires:P - 7 —�
Unrestricted
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):_COVID RECOVERY Monroe County EBMS
Respondent Vendor Name: Siemens Industry,Inc.,Smart Infrastructure
Vendor FEIN: 13-2762488
Vendor's Authorized Representative Name and Tide: Joe Serener in Sa Les Executive
Address: Siemens Industry, Inc., Smart Infrastructure
City: 3021 N. Commerce Parkvgay Zip:
mhmner,FL s3uz5
Phone Number 954-364-6600 Email Address: joe summer in@s iemens .corn
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for
goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s. 215.473, Florida Statutes, or is engaged In business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent. I hereby certify that the company identified 06/08/2020
above in the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that At
Boycott fz-
Boycott Israel List or engaged in a boycott of Israel dYl.
I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may
subject company to civil penalties,attorneys fees, and/or costs.I further understand that any contract with06/OS/2020 [
the County may be terminated, at the option of the County, if the company is found to have submitted QL
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engagerp
a boycott of Israel ram_ - 'e:=ay ^°a^m F+•^'h ^ ' • ` '^ u'^' c" r w.z
h Cuba or Cyria.
Certified By: Dan Mathewson ,who is authorized
to sign on behalf of the above referenced company. Branch General Manager
Authorized Signature'. Mathewson nt .�_� -
�•g=nsr'
Print Name:
Dan Mathewson Uanlel
Branch General Manager
Title:
Note:The List are available al the following Department of Management Services Site:
htto://www.dme mvflorida.com/business Operations/state purchasing/vendor Information/convicted SLSP
ended discriminatory complaints vendor lists
DATE REINDOTTYY)
ACOIRDF CERTIFICATE OF LIABILITY INSURANCE RD20
7103 CERTIFICATE IS ISSUED AS A MATTER OF INFOFBNLTION 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 INSURFR(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERUACATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poficyfes)must ksw ADDITIONAL INSURED provision or be endorsed.
If SUBROGATION IS WANED,subject to the bolo and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder it lieu of such endwaenent(s).
PRODUCER CWRACr
MARSH USA.INC. NAME"ilk
MISSOUTN STREET till PAX
MORRISTOWN,NJ 0796I6454 -
INSURERISLAFFORDING COVERAGE OW•
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BUFFALO GROVE.L 605994513
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COVERAGES CERTIFICATE NUMBER NYC01092871326 REVISION NUMBER:
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INDICATED- NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIN RESPECT TO WHICH TRW
CERTIFICATE MAY BE ISSUED OR MAY PERTAi,THE INSURANCE AFFORDED BY THE POUCIEB DESCRIBED HEREIN IS SUBJECT TO All THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CAWS.
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MONROE COUNTY BOCC IS HEREBY ADDITIONAL INSURED AS CBUGATED UNDER CONTRACT HIDER TIE REFERENCED GENERAL WBIITTY AND AUTOMOBILE LIABIIJTY WSURANCE
PODDED
CERTIFICATE HOLDER CANCELLATION
MCNROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POl1CIES BE CANCELLED BEFORE
WSMVNCE COMIRIUNCE THE EXPIRATION DATE THEREOF, NOTICE WU. BE DELIVERED IN
1111 12TH STREET.SUITE MOB ACCORDANCE WITH THE POLICY PROVISIONS.
BEY WEST.FL 33040
AUTNORIZEO RFRE3ENTATNE
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0 198 8-201 6 ACORD CORPORATION. All ri91ds reserved.
ACORD 25(2016N3) The ACORD name and logo am registered marks of ACORD
AccPRiu. CERTIFICATE OF LIABILITY INSURANCE o7Dm®W"MS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND COMBS NO RIGHTS UPON THE'a, ICATE HOLDER.THIS
CERDFICA1E DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTIME A CONTRACT BETWEEN THE ISSUING NgUEER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER
IMPORTANT: If the catlkale hod.r S an ADDITIONAL INSURED,IRA poleygee)most have ADDITIONAL INSURED provisions or be mldaMd
N SUBROGATION IS WANED,sutNct to We Sens and cOMOROS of the po9CY.Cann policies sin none en.Ma.ealent A statement an
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TNB M TO CERTIFY THAT THE POLICIES OF INS - v LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOWVAI18TANDNG ANY REQUIREMENT.TERN OR CONDITiON OF ANY CONTRACT OR OTHER DOCAIENT W M RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR NAY PERTAIN,THE INSURANCE AFFORDED BY TIE POLICIES DESCRIBED 1-EREIN IS SUBJECT TO ALL THE TERMS.
OCCLUSIONS AID CONDITIONS OF WI POLICES LW SHOWN MAY HAVE BEEN REDUCED BY MD CLAM
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CERTIFICATE HOLDER CANCELLATION
)IOdOE COLMY MCC SIMAD ANY OF Tem ABOVE MIGRANT PajCO SE CncELLW BEFORE
MAWIANCE TINE EMMATISN DATE 1I119IELF. NDTI= ITE.L CE DELIVERED N
111112111 61nett,SITE aN ACCORDANCEMTh THE POLICTPIIONWMs.
KEY NEST,FL 33I40
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O 18884018 ACORD CORPORATION. MI lights IEYrved.
ACORD 2S(2016/03) The ACORD name and logo ere registered merits of ACORD
AGENCY CUSTOMER ID: CN1021470D3
LOC s: Morristown
ALA(J� ADDITIONAL REMARKS SCHEDULE Pogo 2 of 2
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FORM IPtwo 25 FORM wig! CeafiCate Df LMOEy Insurance
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Zeta GOWN OORR N3EBY NlUlo&I MUM AS ORAN1E0 LIEENCOMIWCT OMERRE REFORM CBB+AL LV81tY NO AUTOMOBILE
LIABILITY MSRURCE PCUCES.
YMA9l OF SUBRCGMoI IS RFECnaLYAEE SCORED BY MITTENCONIRIGT
IF MFSE FCUCIES NE GVKAlID FOR ANY REASON OILER 11*1 RORRAYIENTOF PRIEllitil.11€IS.RERBLLLEINER Nara CC CIMEUIORTO
RE CSOIFI A1EHIBFR WTOIO CMS Haan TO ME CW031AM ORM RECLUe BY*RnO1 CORNDT.NHOCVDI B LESS
•
ACORD 101(2001101) 020OS ACORD CORPORATION. AS rig101Mrw1
T11.ACORD nar.and logo..Mohan!marks of ACORD
POLICY Nladasa: TC2S-CAP-7940L34A-TIL-19
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FOR M
MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph AS., Transfer of required of you by a written contract executed
Rights Of Recovery Against Others To Us, of the prior to any"accident'or"loss", provided that the
CONDITIONS Section: "accident' or 'loss" arises out of the operators
S. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap-
ers To Us plies or y to the person or organization desig-
We waive any right of recovery we may have meted in such contract.
against any person or organization to the extent
•
CA 13 40 0215 0 2015 The Travelers Indemnity Cantina Al ens reserved. Page 1 of 1
Induces copsiprted mstand al Insurance Senmm OMce,Inc.wit Its permission.
POLICY NUMBER: GLD11101.11 COMIERCIAL GENERAL LIABLITY
CO 2404050E
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
Tics endorsement modifies insurance provided under the following!
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organteation:
ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT
!demotion rewired to conmlete this ScheOje, if rot shown above,wil be shown lathe Declarations.
Tie following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV—Conditlons:
We waive any right of recovery we my have against
the person or organization shown In the Schedule
above because of payments we male: for injury or
throve, arsirg out of your ongoirg operations or
'your work' nine under a contract with that person
or organization and included in the 'products-
completed operators hazard'. This waiver apples
oriy to the person or organization shown in the
Schedule above.
CC 24 04 05 09 CO Insurance Services Office, Inc.,2008 Page 1 off ❑
TRAVELERS WORKERS COMPENSATION
AND
EMPLOYERS LWBLLITY POLICY
ENDORSEMENT WC 00 03 13(00)_
POLICY NUMBER: (TC2J00-80e9z50-e-19)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this potty. VVe will not
enforce our right against the person or organization named In the Schedule. (This agreement apples only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indrecty to benefit any one not named in the Schedule.
SCHEDULE
DESIGNATED PERSON:
DESIGNATED ORGANIZATION:
ANY PERSON OR ORGANIZATION FOR NRON A WAIVER OF
SUBROG►TION IS REQUIRED RY CONTRACT OR AGNEEMENT OR
PERMIT, ROT COVBRA.G: IS LIMITED TO THE SCOPE OF TER
AMR PERFORMED BY TUE num= UNDtt SUCH CONTRACT,
AGREEMENT OR PERMIT. •
DATE OF ISSUE: 06-23-19 ST ASSIGN: