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Item C31
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 19, 2011 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person Bob Stone, (305) 289-6036 AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Siemens Industry, Inc. for the testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriff's Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; and the Courthouse Annex's fire alarm system. ITEM BACKGROUND: On September 30, 2011, our current contract with Siemens Building Technologies, Inc. will expire with no additional options to renew. Bids were opened on August 4, 2011, with Siemens Industry, Inc. submitting the only proposal. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $142,517.00 INDIRECT COST: BUDGETED: Yes X No _ plus repairs DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year PAL APPROVED BY: County Attt OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # M E M O R A N D U M DATE: August 29, 2011 TO: Dent Pierce, Division Director Public Works FROM: Bob Stone, Director Middle Keys Operations RE: Agenda Item — September 21, 2011 BOCC Meeting Approval to Award Bid and Execute Agreement — Siemens Industry, Inc. On September 30, 2011, our current contract with Siemens Industry, Inc. (formerly Siemens Building Technologies, IncO will. expire with no additional options to renew. Bids were opened on August 4, 2011, with Siemens Industry submitting the only proposal. I hereby recommend approval to award bid and enter into a contract with Siemens Building Technologies, Inc. for the testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriffs Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; the Courthouse Annex's fire alarm system; and the Marathon Government Center's building automation system. BS/jbw MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Siemens Industry, Inc. Contract # Effective Date: October 1, 2011 Expiration Date: September 30, 2012 Contract Purpose/Description: Contract for the testing, certification, and maintenance of the Detention Center's fire alarms stem, building automations stem, and smoke controls stem; the Juvenile Justice Center's fire alarms stem and building automations stem; the Sheriff Administration Building's fire alarm system and building automation system, the Courthouse Annex fire alarms stem; and Marathon Government Center's building automations stem. Contract Manager: Jo B. Walters 4549 Facilities Maint/Sto #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/19/11 Agenda Deadline: 10/04/11 CONTRACT COSTS Total Dollar Value of Contract: $ 142,517.00 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 101-20505-530-340- Grant: $ N/A - - - County Match: $ N/A - - - Estimated Ongoing Costs: $ (Not included in dollar value abol Date In Division Director Risk Managem nt O.M.B./Purc ing tO5S�� County Attorney 4Il Comments: OMB Form Revised 2/27/01 MCP #2 ADDITIONAL COSTS /yr For: lities. ianitnrial_ c; CONTRACT REVIEW -0- Changes Date Out Needed Reviewer Yes❑ NoE Yes[-] Nod,P) t'� 10—f—V Yes❑ No© �c,i Yes❑ No[y AGREEMENT FOR TESTING, CERTIFICATION, AND MAINTENANCE MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM, APOGEE BUILDING AUTOMATION SYSTEM (HVAC), AND SMOKE CONTROL SYSTEM SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM (HVAC) KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM MONROE COUNTY (MARATHON) GOVERNMENT CENTER: BUILDING AUTOMATION SYSTEM This Agreement is made and entered into this day of October, 2011, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SIEMENS INDUSTRY, INC. ("CONTRACTOR"), a foreign corporation, whose address is 1000 Deerfield Parkway, Buffalo Grove, IL 60089. WHEREAS, COUNTY desires to provide testing, certification, and maintenance services for various public facilities, and WHEREAS, CONTRACTOR desires and is able to provide testing, certification, and maintenance services to various public facilities; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide testing, certification, and maintenance services to various public facilities, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the bid documents, exhibits, and any addenda only. 2. SCOPE OF THE WORK: SPECIFICATIONS FOR TESTING, CERTIFICATION, AND MAINTENANCE FOR VARIOUS PUBLIC FACILITIES LOCATIONS AS FOLLOWS: BUILDING AUTOMATION SYSTEM DEVICES. IN CURRENT NUMBERS: Agreement 1 August 2011 BUILDING TYPE DESCRIPTION QUANTITY # UNITS MONROE COUNTY DETENTION CENTER A VARIABLE AIR VOLUME (VAV) WITHOUT HEAT 26 MONROE COUNTY DETENTION CENTER B VAV WITH ELECTRIC HEAT 5 MONROE COUNTY DETENTION CENTER C VAV WITH FAN & ELECTRIC HEAT 9 MONROE COUNTY DETENTION CENTER D CONSTANT VOLUME WITH ELECTRIC HEAT 14 MONROE COUNTY DETENTION CENTER E FAN COIL UNITS 29 SHERIFF'S ADMINISTRATION BUILDING A VAV WITHOUT HEAT 27 MONROE COUNTY JUVENILE JUSTICE BUILDING C VAV WITH FAN & ELECTRIC HEAT 31 MONROE COUNTY GOVERNMENT CENTER C VAV WITH FAN & ELECTRIC HEAT 22 FIRE SYSTEM DEVICES PER BUILDING, IN CURRENT NUMBERS: MONROE COUNTY DETENTION CENTER —EST SYSTEM Smoke Detectors 297 Heat Detectors 38 Duct Detectors (Smoke & Heat) 212 Manual Pull Stations 29 Tamper Switches 29 Flow Switches 13 MONROE COUNTY SHERIFF'S ADMINISTRATION BUILDING —EST SYSTEM Smoke Detectors 23 Heat Detectors 7 Duct Detectors (Smoke) 3 Manual Pull Switches 6 Tamper Switches 5 Flow Switches 5 MONROE COUNTY COURTHOUSE ANNEX —EST SYSTEM IRC-3 Panel 1 Pull Stations 18 Ion Detectors 75 Agreement 2 August 2011 Photo Detectors 5 Duct Detector Modules 7 Thermal Detectors 8 Water Flow Modules 4 Supervisory Valve Modules 9 Control Modules (AHU Shutdown, Elevator Recall) 10 Main Controller 1 Remote Zone Module 1 Zone Addressable System Card 2 MONROE COUNTY JUVENILE JUSTICE BUILDING —EST SYSTEM Photo Smoke Duct Detectors 12 Ion Smoke Detectors 1 Photo Smoke Detectors 96 Heat Detectors 17 Water Flow Switches 4 Pull Stations 15 3. SPECIFICATIONS — TESTING CERTFICATION, AND MAINTENANCE A. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, Fl. 33040 SYSTEM: Fire Alarm System - EST The Contractor shall furnish all labor, material, equipment and documentation to comply with the authority having jurisdiction for the certification, maintenance, and testing of the Monroe County Detention Center's Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies_ 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. The Contractor shall maintain and test the "FIREWORKS" fire control system and provide and install the latest software upgrades as they become available. Agreement 3 August 2011 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: With the Owner's prior approval, the Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. The Contractor shall provide cost estimates of such repairs or replacements for Owner's approval. Reimbursement shall be in accordance with this Agreement. 6) FIRE DOOR EGRESS SYSTEM (FEAR): The Contractor shall conduct tests as recommended by NFPA 101 on the Fire Door Egress System. The Contractor shall test to verify proper function of the Fire Door Egress System in response to automatic activation from the fire alarm system or manual activation from the system operator's console. This test will also verify proper operation of Fire Door Egress System override priorities and system reset. B. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 33040 SYSTEM: APOGEE Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with the service requirements for the maintenance and testing of the Monroe County Detention Center's Building Automation System, including but not limited to the following: I ) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial -up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. one (1) time per year current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file In the event of memory loss, the Contractor shall reload the database from the Agreement 4 August 2011 c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify proper operation of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UP -GRADES: The Contractor shall install the latest up -grades to existing system as they become available. 4) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. d) CALIBRATION The Contractor shall provide evaluation and calibration of control loops to achieve peak building efficiency and occupant comfort. Agreement 5 August 2011 e) INSPECTION Verify proper operation of all VAVs and fan coil units. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis detennines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours, upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of beinC. g faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. C. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 33040 SYSTEM: Smoke Control System The Contractor shall furnish all labor, material, equipment and documentation to comply with the service requirements for the certification, maintenance, and testing for the Monroe County Detention Center's Smoke Control System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: a) Smoke Control System Activation Test: The CONTRACTOR shall test to verify proper function of the Smoke Control System in response to automatic activation from the fire alarm system or manual activation from the system operator's console. This test will also verify proper operation of Smoke Control System override priorities and system reset. auto position. b) Smoke Control System Activation Test: The CONTRACTOR shall: • Check Firefighter's Smoke Control Station for switch settings in • Deactivate stair tower pressurization system. • Run point log and verify that the system is in the normal state. • Perform manual smoke control system activation priority test. Agreement 6 August 2011 • After performing individual zone test, reset system. Document that system has been made ready. • Return stair tower pressurization system to active mode. • Reset smoke control system and verify that system is ready for smoke control. • Document findings. Test performed per requirements set forth in the HVAC prints for Monroe County Detention Center (Reference Sheet 10.37). c) Firefighter's Smoke Control Station (FSCS) Test: The CONTRACTOR shall test to verify operation of the FSCS by placing each FSCS switch into each of its active positions and observing the actual status or position of the corresponding smoke control equipment. d) Smoke Control System FSCS Cabinet Test: The CONTRACTOR shall perform the following: • Check diagnostic LEDs, fuses and surge transient protection devices. • Check line cards and function cards. Check cabling and ensure that all wiring and terminations are secure. • Check incoming AC power and power supply. Check power supply voltages and adjust to +5 volts if necessary. • Check the time and reset if necessary. • Visually inspect FSCS cabinet and observe operating environment. e) Smoke Control System Control Test per Smoke Control Zone: The CONTRACTOR shall perform the following: • Check and/or set starters of supply and return fans to their auto settings. • Initiate the auto smoke strategy from fire alarm system interface. Record all results on "Smoke Control Activation Test Record" form. • Verify, using PT group tables or wild carding, that each piece of smoke control equipment has been commanded per the schedule. • Verify operation. Record and document any problems. Reset smoke control system. f) Emergency Power Test: The CONTRACTOR shall verify operation of smoke control system emergency power. Verify operation of each smoke control fan, damper and air -handling unit. Verify operation of FSCS under emergency power. 2) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition Upgrade equipment by systematically modernizing existing Agreement 7 August 2011 components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. D. LOCATION: Sheriffs Administration Building 5525 College Road Stock Island, Key West, FL 33040 SYSTEM: Fire Alarm System - EST The Contractor shall furnish all labor, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Monroe County Courthouse Annex Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or wom components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval_ Reimbursement shall be in accordance with this agreement. E. LOCATION: Sheriffs Administration Building 5525 College Road Stock Island, Key West, FL 33040 SYSTEM: Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Agreement 8 August 2011 Sheriff's Administration Building's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES Agreement 9 August 2011 The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. h) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours, upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. F. LOCATION: Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 SYSTEM: Fire Alarm System - EST Agreement 10 August 2U11 The Contractor shall furnish all labor, materials, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Monroe County Courthouse Annex Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS:. The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: Tlie Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. G. LOCATION: Monroe County Juvenile Justice Building 5503 College Road Stock Island, Key West, Florida 33040 SYSTEM: Fire Alarm System The Contractor shall furnish all labor, equipment and documentation to comply with the authority having jurisdiction for the certification, maintenance, and testing for the Department of Juvenile Justice Building Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: Agreement 11 August 2011 The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as deternlined by the manufacturer's recommendations and reviewed by the Owner. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or wom components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. H. LOCATION: Monroe County Juvenile Justice Building 5503 College Road Stock Island, Key West, Fl. 33040 SYSTEM: Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Juvenile Justice Building's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. Agreement 12 August 2011 c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) tune per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. Agreement 13 August 2011 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours, upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. I. LOCATION: Monroe County Government Center 2978 Overseas Highway Marathon, Florida 33050 SYSTEM: Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Government Center Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this systern via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. one (1) time per year current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file In the event of memory loss, the Contractor shall reload the database from the c) FIELD PANEL DATABASE DIAGNOSTICS: Agreement 14 August 2011 The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC AND/OR ELECTRIC EQUIPMENT MAINTENANCE: a) DIAGNOSTIC SERVICES: The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS: Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES: The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION: The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES: Agreement 15 August 2011 The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. J. RESPONSE TIME - Monday through Sunday, 24 hours per day: The Contractor shall provide emergency service between scheduled preventative maintenance calls, Monday through Sunday, including holidays, 24 hours per day. Emergencies are to be determined by the Owner. K. ON -SITE RESPONSE The Contractor shall be on -site to provide emergency service within 24 hours upon the Owner's request. Non -emergency calls as determined by Owner will be incorporated into the next scheduled preventative maintenance visit. L. DOCUMENTATION OF ALL SERVICES PROVIDED The Contractor shall document each on -site service call and furnish the Owner with a copy showing time, date, and a brief description of activity. Work orders for on -site system preventative maintenance will list the inspection date, individual to report to, equipment identification, equipment location, work to be performed, and any special instructions. All documentation shall be submitted to the Owner- by the Contractor with the quarterly invoice for payment. M. QUALITY ASSURANCE PROGRAM The Contractor shall meet the Owner on a semi-annual basis to evaluate system performance and Owner's satisfaction with the quality of service that is being provided. Contractor is to schedule a meeting with the Owner at the beginning of the contract year and an update meeting six months into the contract year with the following being part of the agenda. Contractor shall compile all maintenance criteria and procedures for all systems and equipment as recommended by the Manufacturer. The maintenance criteria and procedures shall be formatted under major headings of which is then to be incorporated into a bar/Gantt chart schedule utilizing Microsoft Scheduler or equal, showing the Contractor's scheduled site visits and the tasks to be accomplished in order to complete the contract's scope. N. STAFFING The Contractor shall provide qualified personnel needed to ensure the adequate and satisfactory monitoring and performance of the systems as required pursuant to this Agreement or by law. The Contractor shall utilize any and all other additional personnel that may be necessary for the Agreement 16 August 2011 maintenance of the systems during abnormal or emergency conditions for Monroe County, Florida upon receipt of approval of such additional personnel by the Owner. O. MATERIALS AND EQUIPMENT Such tools and equipment acquired by the Owner or by Contractor for the Owner with budgeted funds will remain a part of the facility upon tennination of this Agreement. The Contractor shall take all steps necessary to preserve and maintain any warranties on any of the tools, equipment and facility components, and to keep the Owner informed in a timely manner of all steps taken to preserve and maintain such warranties. P. MAINTENANCE, REPAIR AND REPLACEMENT The Contractor shall, when providing maintenance or repair services, maintain the systems in good condition and repair, including making all necessary repairs and replacements consistent with standard NFPA requirements and Fire Alarm System, Smoke Control System, and Building Automation System practices. The Contractor shall maintain the safety of the systems at a level consistent with applicable law and normal practices for systems of similar magnitude. The Contractor shall maintain the systems and equipment in good repair and in a neat, orderly and litter free condition in order to protect the systems against deterioration and to maintain the aesthetic quality of the facilities. The Contractor shall correct any material deficiencies, inefficient operation and maintenance of the systems throughout the term hereof pursuant to the provisions hereof for normal conditions in Monroe County, Florida for a period of twelve (12) months after the earlier of substantial completion of the work or first beneficial operation or use. All auxiliary equipment not manufactured by Contractor carries only such warranty as given by the manufacturer thereof and which is hereby assigned to County. THE EXPRESS WARRANTIES SET FORTH HEREIN CONSTITUTE CONTRACTOR'S SOLE WARRANTY OBLIGATION AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED. The Owner shall have the right to request copies of maintenance records maintained by the Contractor during normal business hours. The Contractor shall maintain the facility in such a manner as to keep all warranties in full force and shall not act, or allow any other party to act, so as to interfere with the effectiveness of such warranties. Q. FINES AND PENALTIES The Contractor shall be liable for the following: 1) Any fines or civil penalties which may be imposed by any governmental or quasi-govemmental agency or body; and 2) any judgments or liabilities arising from actions by non-goverrnnent or quasi -governmental agencies or bodies for violations of applicable county, state, and federal laws and regulations to the extent directly arising out of, or resulting from, the performance of its duties and obligations under this Agreement, including, without limitation, acts and omissions of the Contractor, its employees, agents, officers and subcontractors. The Contractor shall not be responsible for any fines or civil penalties due to legal proceedings concluded prior to execution of this Agreement, unless such fines or civil penalties are the direct result of an act or omission of the Contractor pursuant to the terms hereof. Agreement 17 August 2011 R. HOURLY LABOR AND MARKUP RATE Each bid shall also contain an hourly labor rate for upgrades, repair or replacement work not within the scope of maintenance and testing and a markup rate for inaterials and equipment furnished. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Florida Statutes § 112.061. All repair work necessary requiring reimbursement for funding by the Owner will require prior approval by the Owner unless it is deemed an emergency and the Owner's representative cannot be contacted. In such case, documentation will be required certifying emergency requirement immediately after the fact. S. SPECIAL PROVISIONS TOOL CONTROL PLAN —The Monroe County Detention Center requires a Public Works Department staff member to inventory all visitor's and contractor's tools on the approved Visitor/Contractor Tool Inventory form prior to entering and departing the facility. Only those tools necessary for the project will be allowed inside the facility. Contractors shall be under staff escort and supervision at all times while in the secured envelope of the facility or anywhere inmates may have access to the work area. The escort shall have in his/her possession a contractor tool inventory. Any discrepancies in the tool inventory will be handled by the escort as outlined in Section 16 of the Monroe County Administrative Instruction #6606.2 and the Contractor shall remain at the facility until attempts of tool recovery have been completed. SMOKING POLICY —The Monroe County Detention Center is a non-smoking facility. Employees and contractors are not pennitted to bring tobacco, cigarettes, cigars, lighters or matches into the secured envelope. If these items are brought into this facility, the act is considered to be an Introduction of Contraband which is punishable by law. The minimum action that a Contractor may expect from the Monroe County Sheriffs Office for Introduction of Contraband is to be permanently barred from future entrance to the facility. T. SPECIFICATIONS The specifications contained herein are considered to be the minimum standards required. The maintenance of the systems shall comply with all applicable Federal, State, and Local codes and ordinances. 4. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement; is contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on quarterly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laves, rules and regulations as may govern the Clerk's disbursal of funds. C. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Florida Statute 112.061 and Monroe County Ordinance. Agreement 18 August 2011 D. COUNTY shall pay to the CONTRACTOR for the performance of all services except those identified herein as "Corrective Maintenance and Component Replacement" ("Additional Services") on a per quarterly, in arrears basis on or before the I5t day of the following month in three (3) month periods. The CONTRACTOR shall invoice the COUNTY quarterly for the maintenance and testing performed under the Contract Documents contained herein. The Contract amount shall be as stated by the CONTRACTOR's proposal as follows: Monroe County Detention Center Sheriffs Administration Building Key West Courthouse Annex Monroe County Juvenile Justice Building Monroe County Government Center $71,817.00 per year $19,740.00 per year $ 6,169.00 per year $31,338.00 per year $13,453.00 per year E. COUNTY shall compensate the CONTRACTOR for Additional Services performed under this Agreement, as follows: i. The actual cost of parts and materials, excluding freight and taxes which are reimbursed as charged with no markup, purchased from a manufacturer plus see Attachment 1 for percentage. A Manufacturer's Invoice must accompany all requests for payment for any part, which exceeds $500.00, and may be requested at the discretion of the Owner for any part, regardless of the cost. If the CONTRACTOR and the Manufacturer are the same entity, CONTRACTOR shall confirm and provide the COUNTY with best customer pricing status. ii. Contractor's labor and equipment costs for additional services performed under this agreement will be calculated using the unit prices set forth in the CONTRACTOR's bid as follows: 1. Labor — normal working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays see Attachment 1 for hourly rates 2. Labor — overtime rate, other than the nonnal working hours, including weekends and holidays see Attachment 1 for overtime hourly rates iii. Total Compensation to CONTRACTOR for additional services under this Agreement shall not exceed SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00) unless pre -approved emergency work requiring additional funds is implemented. 5. TERM OF AGREEMENT This Agreement shall commence on October 1, 2011, and ends upon September 30, 2012, unless terminated earlier under paragraph 19 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional three (3) one-year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 60 days prior to the end of the initial term. Unless the contract clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial tenn of one year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. Agreement 19 August 2011 6. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 7. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to CONTRACTOR. 8. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 9. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (1) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party only to the extent caused directly by, (A) any activity of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees during the term of this AGREEMENT, (B) the direct negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Agreement 20 August 2011 Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $500,000 bodily injury by accident, $500,000 bodily injury by disease, policy limits, and $500,000 bodily injury by disease, each employee.. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $100,000 per person, $300,000 per occurrence, and $50,000 property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Cormnercial general liability coverage with limits of liability of not less than S1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 12. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that Agreement 21 August 2011 discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement.. 13. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 14. COMPLIANCE WITH LAW AND LICENSE REOUI.REMMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 15. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will Agreement 22 August 2011 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. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 16. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any fonn of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 17. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, Fl. 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 FOR CONTRACTOR: Siemens Industry Inc. ATTN: Joe Summerlin, Account Executive 3021 N. Commerce Parkway Miramar, FL 33025 and Siemens Industry, Inc. 1000 Deerfield Parkway Buffalo Grove, IL 60089 18. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY' S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. Agreement 23 August ZUl 1 19. TERMINATION A. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. B. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 20. GOVERNING LAW VENUE INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 21. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a tenn of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 22. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining tenn, 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 terns, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 23. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney' s fees in both trial and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. Agreement 24 August 2011 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida taw. 25. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 27. AUTHORITY Each party represents and warrants to the other that the execution, delivery and petforinance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 28. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 29. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, 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. Agreement 25 August 2011 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terns, 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 COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the cominunity in general or for the purposes contemplated in this Agreement. 32. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 33. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 34. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument. 35. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 36. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of Agreement 26 August 2011 a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 37. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship 38. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 39. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further- obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 40. FORCE MAJEURE Contractor shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by circumstances beyond its control, including but not restricted to acts or omissions by County or its employees, agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft, corrosion, flood, water damage, lightning, freeze - ups, strikes, lockouts, differences with workers, riots, explosions, quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of any such delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable recovery period. 41. CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY Anything herein notwithstanding, in no event shall either County or Contractor- be liable to the other party for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages and, in any event, Contractor's aggregate liability for any and all claims, losses or expenses arising out of the Agreement, or out of any goods or services, furnished under the Agreement, whether based in contract negligence, strict liability, agency, warranty, trespass, indemnify or any other theory of liability shall be limited to the lesser of $1,000,000 or the total compensation received by Contractor from County under the Agreement. Agreement 27 August 2011 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk Date: WITNESSES for CONTRACTOR: Signature Date [/ f Signature Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA L'In Mayor Date: STEM,rNS INDUSTtY, INC. Signature of perso uthorized to legally bind C - rporption Date: L r Print Name Address:>.( i'J Telephone Number: (. fi r, c Digitally signed by YUM Regir DN: seria1Number=Z001KP Ap—m 6F Lettal VM' gi—Name=Regina. to=Yudt, Siem—, <n=Yuin Pegma Date: 2011.09.16 08:01:29-05'00' f Agreement 28 August 201 1 SIEMENS Attachment 1 South Florida - LABOR and MATERIAL RATES EFFECTIVE January 1, 2010 HVAC Mechanic- Pipefitter Specialist/Technician or Electrical installer Building Automation $145.00/hr Mechanic $122.50/hr Fire Life Safety $135.00/hr Electrical installer $122S01hr Security $135.00/hr Application Engineering $175.00/hr Proiect Manager $175.00/hr OVERTIME RATES: Overtime Rates are defined as follows: MONDAY — FRIDAY (Outside of Normal Business Hours') = 1.5 x APPROPRIATE RATE SATURDAY'S r 1.5 x APPROPRIATE RATE SUNDAY'S & HOLIDAYS 2.0 x APPROPRIATE RATE *NORMAL BUSINESS HOURS 8.00 AM - 5:00 PM, MONDAY THRU FRIDAY MINIMUM SERVICE TIME 4 HOUR MINIMUM CHARGE, dispatch or via Siemens On -Line Service Advantacte.Service Contract Customers: • RECEIVE A 50% DISCOUNT FROM CURRENT PYBLISHED LIST PRICE ON BUILDING AUTOMATION COMPONENTS as published inthe.Powers Controls PneumaticlElectronic & Apogee Automation PRICING GUIDE. • RECEIVE -TradeNef PRICING FROM SIEMENS FIRE SAFETY COMPONENTS as published in ine FIRE SAFETY PRICE LIST. • ALL OUTSIDE MATERIAL INCLUDING MATERIAL FROM OTHER SIEMENS DIVISIONS WILL BE SOLD PER THE OUTSIDE PURCHASE MARK-UP SCHEDULE- • RECEIVE A-20% DISCOUNT ON TECHNSCAL LABOR {PROJECT MANAGER. APPLIC. ENGINEER, SPECIALISTITECHNICIAN) ♦ RECEIVE A 20% DISCOUNT ON MECHANICAUELECTRICAL LABOR (HVAC MECHANIC, PIPEFITTER, ELECTRICAL INSTALLER) • 2 HOUR MINIMUM CHARGE, dispatch or via Siemens On -Line Service Mark -Up for Outside Purchased Material For use when calculating pricing of non-standard products for Labor & Material and Non -Installed product lines. $IEMEN$ COST MULTIPLIER $ 0.01 thru $ 150.00 = X 2.00 $ 150-01 thru $ 500-00 — X 1.75 $ 500.01 thru $ 5,000.00 = X 1.65 $ 5,000.01 and up = X 1.55 Siemens Building Technologies, Inc 3021 N Commerce Pkwy 2969 SW 42°C Avenue Miramar, FL 33025 Palm City., FL 34990 (954) 364-6600 (772) 419-2800 July 19, 2011 Siemens Industry, Inc. Bid - Fire Alarm System, Building Automation System, and Smoke Control System Testing, Certification and Maintenance SIEMENS Industry, Inc. Joe Summerlin Account Executive 3021 N Commerce Pkwy Miramar, FL 33025 oesummerlin@siemens.com 954.364.6613 Office 954.914.1179 Mobile July 19, 2011 Siemens Industry, Inc. SII General Information 1. A list of the entity's shareholders with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if unincorporated and not a partnership, the name(s) of owners; 100% of Siemens Industry, Inc. outstanding shares are issued to Siemens Corporation, 527 Madison Avenue, 8t" Floor New York, NY 10022 Phone: 212-258-4000. Ultimate ownership is Siemens AG, Wittelsbacherplatz 2, D-80333 Munich, Germany. 2. A list of the officers and directors of the entity; SII Division Directors Dr. Heinrich Hiesin er Director Wittelsbacher latz 2 80333 Munchen German Daryl D. Dulaney Director 1000 Deerfield Parkway Buffalo Grove, IL 60089 Axel Meier Director 1000 Deerfield Parkway Buffalo Grove, IL 60089 George Nolen Director 153 E. 53rd Street 56 Floor Buffalo Grove, IL 60089 Ralf Thomas Director WOerner-von-Siemens-Str. 91052 Erlangen Germany Klaus Stegemann Director 601 Lexington Avenue, 56th Floor New York, NY 10022 SII Elected Officers Daryl D. Dulaney President, Chief 1000 Deerfield Parkway Buffalo Grove, IL 60089 Executive Officer Daniel W. Hislip Vice President, General 1000 Deerfield Parkway Buffalo Grove, IL 60089 Counsel and Secretary Axel Meier Executive Vice 1000 Deerfield Parkway Buffalo Grove, IL 60089 President, CFO 3. The number of years the entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the RFB; William Penn Powers founded the Powers Regulator Company in 1891 and was first incorporated November 28, 1972 under the name of Amerogy, Inc. By 1995, the company was known as Landis & Gyr and was acquired by Electrowatt, AG, a Zurich, Switzerland -based, international leader in electric power, engineering and contracting. In early 1996, Landis & Gyr was merged with Staefa Control System, a subsidiary of Electrowatt, to form Landis & Staefa, Inc. Pyrotronics, Inc. was founded in 1952. Cerberus Technologies, Inc., an indirect subsidiary of Electrowatt, acquired Pyrotronics in 1987. After being acquired, it began doing business as Cerberus Pyrotronics. July 19, 2011 Siemens Industry, Inc. -� On October 1, 1998, Siemens AG acquired the industry segment of Swiss -based Electrowatt AG, which was comprised of Landis & Staefa and Cerberus Pyrotronics, leaders in building automation and fire alarm safety respectively. Combining these leaders with related holdings within Siemens, Siemens AG created a new operating company: Siemens Industry, Inc. On June 2001, Siemens Industry, Inc. established a presence in the rapidly growing U.S. electronic security market by acquiring the Security Technologies Group of Sunrise, Florida. Today, the engineering know-how and expertise of Siemens Industry, Inc. is organized into four areas of competence. Together, we focus these resources on our customers' unique and changing requirements to deliver "Best Total Solutions" from a single source. 4. The number of years the entity has operated under its present name and any prior names; Our Company has been known as Siemens Industry, Inc. since October 1, 2009. 5. Whether, within the last controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; No. 6. Customer references; SII current customers include Miami -Dade County, Monroe County, The County of West Palm, Martin County, State of Florida, Broward County and US GSA. Contact information for the referenced customer will be provided upon request. 7. Credit references; and Please see the attached document labeled "Credit Information" 8. Relevant Experience: The Bidder/Respondent shall provide a proiect history of the firm or organization demonstrating its experience similar to that requested. Siemens Industry Inc. has performed the testing, certification and maintenance described in this bid document for Monroe County for the past ten, plus years. SIEMENS Industry Credit Information Firm Name: Siemens Industry, Inc Primary Address: 1000 Deerfield Parkway, Buffalo Grove, IL, 60089 Business Telephone: 847-215-1000 Business Fax: 847-215-1093 Type of Business: The Siemens Industry Sector is the worldwide leading supplier of production, transportation, lighting, and building technologies with integrated hardware and software technologies as well as comprehensive Industry -specific solutions. Kind of Ownership: Incorporated State of Incorporation: Delaware Dun & Bradstreet M. 01-094-4650 Federal Tax ID #: 13-2762488 Names and Titles of Officers: CEO and President: Daryl D. Dulaney Executive Vice President, CFO & Treasurer: Axel Meier Vice President, General Counsel, Secretary: Daniel W. Hislip Bank Information: -- Name of Bank: BNY Mellon Bank Acct. #: 224768 Bank Address: 500 Ross Street Contact: Kathryn Farrington Pittsburgh, PA 15262 Telephone: (412) 234-6517 Fax: (412) 485-3920 Email: kathrvn.farrinotont-bnvmellon.com Trade References: Name Address Telephone Contact Mass. Electric Construction Co 4790 Regent Blvd., Suite#100 214-441-1100 Michael lannitti Irving, TX 75063 Daveco 3903 Cavalier Drive 972-272-2561 Mark Helterbrand Spherion Corporation Cast Fab Technologies Inc. Scott Armature Companies Cart Oberland Vice President, Procurement Gadand, TX 75042 2050 Spectrum Boulevard Ft. Lauderdale, FL 33309 3040 Forrer Street Cincinnati, Ohio 45209 2821 Engineers Road Belle Chasse, LA 70037 954-308-4725 Daniele Addis 513-758-1000 Lloyd Rainwater 504-394-6903 Val Cole Document Number: C01_99_FM0038 Document Owner: Kathleen Lacouture Date: 2/08r2010 Version: 1.1 Department: Procurement Page 1 of1 July 19, 2011 Siemens Industry, Inc Past Performance on Similar Projects Miami -Dade County GSA Mr. David Garcia (305) 375-1803 An ongoing 30 plus year service agreement covering BAU, Security, Fire Alarm, and Smoke Evacuation Systems. Baptist Hospital of Miami Mr. Chris Crebbin (786) 596-7807 An ongoing 30 plus year service agreement covering BAU and Security Systems. Mt. Sinai Medical Center (305) 674-7681 Mr. Keith Liken An ongoing 25 plus year service agreement covering BAU and Smoke Evacuation Systems. Monroe County Detention Center (305)295-3997 Mr. Robert Stone An ongoing 10 plus year service agreement covering BAU, Security, Fire Alarm, and Smoke Evacuation Systems. July 19, 2011 Siemens Industry, Inc. SII Maintenance Abilities Siemens has performed the maintenance inspections and certifications for these sites since 2003. During this time we have developed a comprehensive inspection routine that ensures full system functionality and statutory compliance. Siemens has a local branch office in South Broward County that is staffed with over 200 factory trained and certified employees. Our local staff includes a dedicated team that is experienced with the special requirements of your site. Our fire alarm technicians and supervisors have the required state licensing to perform service and certification on your systems, including FASA/BASA and NICET certifications. July 19, 2011 Siemens Industry, Inc. Litigation a. Has the Bidder ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) No. b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the Bidder, or its officers or general partners? (If yes, provide details.) Siemens Industry, Inc. is a subsidiary member of the Siemens, A.G. corporate group, a multi -national, multi -billion dollar company involved in wide ranging construction projects. As such it has been involved in miscellaneous litigation (e.g., collection of fees, workers' compensation, etc.) arising out of its business, none of which are of a material nature, individually or collectively, as to adversely impact its ability to completely and satisfactorily perform any of its projects. c. Has the Bidder, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods, or construction services similar to those requested in the RFB? (If yes, the Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein.) Please see response to item b, above. d. Has the Bidder ever initiated litigation against the county or been sued by the County in connection with a contract to provide services, goods, or construction services? (If yes, provide details.) No. FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA SECTION THREE BID RESPONSE FORMS BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT GATO BUILDING ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 BID FROM: Siemens Industry, Inc. Joe Summerlin 3021 N. Commerce Parkway Miramar, FL 33025 The undersigned, having carefully examined the work, specifications, bid documents, and addenda thereto and other Contract Documents for the services of: TESTING, CERTIFICATION, AND MAINTENANCE MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM, APOGEE BUILDING AUTOMATION SYSTEM (HVAC), AND SMOKE CONTROL SYSTEM SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM (HVAC) KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM MONROE COUNTY (MARATHON) GOVERNMENT CENTER: BUILDING AUTOMATION SYSTEM MONROE COUNTY, FLORIDA and having carefully examined the site where the work is to be performed, having familiarized himself with material availability, Federal, State and local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman -like manner, in conformance with said specifications and other contract documents including Addenda issued thereto. Bid Documents 3-1 July 2011 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that the understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of all costs and delays arising from the existence of any subsurface or other latent physical condition, which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection, and examination of the site. In the event of a conflict between the bid in words and the bid in numbers, the bid in words will control. UNIT PRICES PER BUILDING, PER YEAR: MONROE COUNTY DETENTION CENTER $ 71,817.00 per year Seventy one thousand, eight hundred and seventeen dollars AMOUNT WRITTEN OUT SHERIFF'S ADMINISTRATION BUILDING $ 19, 740. 00 per year Nineteen thousand, seven hundred and forty dollars AMOUNT WRITTEN OUT COURTHOUSE ANNEX $ 6,169.00 per year Six thousand, one hundred and sixty nine dollars AMOUNT WRITTEN OUT MONROE COUNTY JUVENILE JUSTICE CENTER $ 31,338.00 per year Thirty one thousand, three hundred and thirty eight dollars AMOUNT WRITTEN OUT MONROE COUNTY GOVERNMENT CENTER $ 13,453.00 per year Thirteen thousand, four hundred and fifty three dollars AMOUNT WRITTEN OUT TOTAL $ 142,517.00 One hundred forty two thousand, five hundred and seventeen dollars AMOUNT WRITTEN OUT COMPENSATION FOR ADDITIONAL SERVICES PERFORMED UNDER THIS AGREEMENT: Bid Documents 3-2 July 2011 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA A) Labor — normal working hours of 8:00 a.m. to 5:00 p.m. See Attachement 1 Monday through Friday, excluding holidays $ per dour AMOUNT WRITTEN OUT B) Labor — overtime rate, other than the normal working hours, including weekends See Attachement 1 and holidays $ per hour AMOUNT WRITTEN OUT C) Material Markup — The actual cost of parts and materials purchased from a manufacturer See Attachement 1 plus % I acknowledge receipt of Addenda No. (s) None I have included the Bid which includes: 1. Bid Form Y 2. Non -Collusion Affidavit Y 3. Lobbying and Conflict of Interest Clause Form Y 4. Drug Free Workplace Form Y 5. Local Preference Form N In addition, I have included 6. Current copy of Contractor's License Y 7. Copy of Business Tax Receipt Y 8. Insurance Agents Statement Y 9. Bidder's\Respondent's Insurance & Indemnification Statement Y 10. All requirements as stated in the Instruction to Bidders, Paragraph 6. (Check mark items above, as a reminder that they are included.) Mailing Address: Siemens Industry, Inc Telephone: 954 364-6613 3021 N Commerce Parkway Faxes 866 857-2050 Miramar, FL 33021 , Print Name Todd Galimidi Title Zone Manager Bid Documents 3-3 FI FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA NON -COLLUSION AFFIDAVIT 1, Todd Galimidi of the city of Miramar law on my oath, and under penalty of perjury, depose and say that: Iam Zone Manager of the firm of Siemens Industry, Inc. according to tFi'reer7�"�a'i�rttthy°s°emfor iuir�i�i gcbutomaetN°ori fyst'emfor ainsorSmoke Control System Testing, Certification, and Maintenance and that I executed the said proposal with full authority to do so; 2. 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; 3. 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 an} other bidder or to any competitor; and 4. No attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. 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 project. 4,&�-AILA4 - -71�W122i)( ( (S r}dture of Bid Date) STATE OF: L C) k— ERIKA LOPEHA 41 t+ 6 Notary Public -State of Florida COUNTY OF: •_ My Comm. Expires Mar 17.2014 Commission # DD 972301 °;,;,`.a`� Bonded Through National Notary Assn. PERSONALLY APPEARED BEFORE ME, the undersigned auth i y; ,, I (a!1(Lt 1(,C.l! I; [ Y t I L F I who, after fir being sworn by me, name of individual srin g)a fixed hl/her signature in the space provided above on this � day of '0 1 C My Commission Expires: Bid Documents 3-4 July 2011 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Todd Galimidi warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract 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. L (si re) I Date: -T [1(2,0 1 1 STATE OF E �-(��1 1� _1�1 COUNTY OF ;.kA=� PERSONALLY APPEARED BEFORE ME, the undersigned authority, dwho, after first beinRiworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 20-L. My commission expires: OMB - MCP FORM #4 day of :2 d I .-NA P ..,, ERIKA LOPERA _�`'°�ti Notary Public -State of Florida My Comm. Expires Mar 17, 201� Gommiss;on # DD 972301 ° �d' Bonded Through National Notary Assn. Bid Documents 3-5 July 2011 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Siemens Industry, Inc (Name of Business) 1. Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the business's 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. Gives 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), notifies 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. Imposes 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. Makes 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. Bidder's nature D to OMB - MCP#5 Bid Documents 3-6 July 2011 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA Bidder's/Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $500,000 Bodily Injury by Accident $500,000 Disease, policy limits $500,000 Disease, each employee General Liability $1,000,000 Combined Single Limit OR $500,000/person; $1,000,000/occurrence $100,000 Property Damage Vehicle Liability $300,000 Combined Single Limit OR $300,000/Occurrence; S I 00,000/Person; $50,000/Property Damage MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees during the tenn of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub- contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. In the event that the service 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. The first ten dollars ($10.00) of remuneration paid to the Contractor is consideration 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. This indemnification shall survive the expiration or earlier termination of the Contract. BIDDER'S /RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in fkll with all the requirements. A P - • , t � Bidder/Respondent Sign re Bid Documents 3-7 July 2011 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the responder named below. The following deductibles apply to the corresponding policy. POLICY Workers' Compensation (AOS) WA7-63D-004334-010 Workers' Compensation (OR, WI) WC7-631.004334-020 Auto Liability - AS2-631-004334-210 Liability policies are X Occurrence Liberty insurance Corporation Liberty Mutual Fire Insurance Company Insurance Agency DEDUCTIBLES $1,000,000 $1,000,000 $1,000,000 Claims Made Signature Print Name: Bid Documents 3-8 July 2011 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA INSURANCE.A:GENT'S.STATEMEN.T I have reviewed the above requirements with the responder named below_ The following deductibles apply to the corresponding policy. POLICY General Liability - GILD 11101-02 Liability policies are X Occurrence HDI-Gerling America Insurance: Company Insurance Agency DEDUCTIBLES $1,000,000 Claims Made gnn��—A U&(� Signature Print Name: `-� C'"Ne-S Bid Documents 3-8 July 2011 ACORE CERTIFICATE OF LIABILITY INSURANCE DATE/YYYY) o7i27/2011® zo11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER - MARSH USA, INC. 445 SOUTH STREET(A/C.N CONTACT NAME: o E FAX No: E-MAIL ADDRESS: MORRISTOWN, NJ 07960-6454 INSURE S AFFORDING COVERAGE NAIC # INSURER A: HDI-Gerling America Insurance Company 41343 100129.6-7BA-SBT1-10111 228 GLAZE NOC90 INSURED SIEMENS INDUSTRY, INC. INCLUDING BUILDING TECHNOLOGIES DIVISION INSURER B : Liberty Mutual Fire Ins CO 23035 INSURER C : Liberty Insurance Corporation 42404 INSURER D : 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60080-4513 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: NYC-006203294-01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRPOLICY LTR TYPE OF INSURANCE INSR SUER POLICY NUMBER MM/DDYNYYYI EFF EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY GLD11101-02 10/01/2010 10/01/2011 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 CLAIMS -MADE M OCCUR MED EXP (Any one person) $ 100,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ INCL $ X POLICY PRO- LOC B AUTOMOBILE LIABILITY AS2-631-004334-210 10/01/2010 10/01/2011 (CEO, accidentMBINED SINGLE LIMIT 21000,000 BODILY INJURY (Per person) $ N/A X ANYAUTO BODILY INJURY (Per accident) $ N/A X ALL OWNED SCHEDULED AUTOS AUTOS X X NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ N/A UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION S $ C C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICERIMEMBER EXCLUDE( ANY ECUTIVE ] (Mandatory in NH) NIA WA7-63D-004334-010 (ADS) WC7-631-004334 020(OR,WI) EW7-63N-004334-040 (OH) 10/01/2010 1010112010 10/01/2010 0/01/2011 10/01/2011 10/01/2011 WC SILIMITS TATU- OTH- E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below '$500K LIMIT / $500K SIR E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) E: APOGEE BUILDING AUTOMATION SYSTEM (HVAC) ONROE COUNTY DETENTION CENTER IS INCLUDED AS ADDITIONAL INSURED UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES, BUT ONLY WITH RESPECT TO ALL WORK PERFORMED BY AND ON BEHALF OF THE NAMED INSURED, SIEMENS INDUSTRY, INC. FOR CERTIFICATE HOLDER UNDER CONTRACT. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP 0 90 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. MONROE COUNTY DETENTION CENTER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 5501 COLLEGE ROAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN STOCK ISLAND, KEY WEST, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee __VA_ttua0b1L 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Subject to the contract exceptions below, Siemens Industry, Inc. {"CONTRACTOR") accepts, in principle, the form of Bid Specifications including Agreement as tendered for review by Monroe County ("COUNTY") and is willing to enter into an Agreement with Munroe County reflecting the same. Contractor reserves the right to discuss and revise the proposed Agreement terms and conditions with Monroe County or its representative before they are incorporated into the Agreement, and to reach a mutually satisfactory document encompassing all of the intents and purposes described in the bid documents within a reasonable time after the award of the work. Addendum 1 to Terms & Conditions between Monroe County Division of Public Works ("County") and Siemens Industry, Inc. ("Contractor") Dated: July 27, 2011 County and Contractor agree to modify the Terms and Conditions as follows, where the Terms and Conditions of the Agreement conflict with or differ from the Terms and Conditions of this Addendum the provisions of this Addendum will control, and notwithstanding anything herein to the contrary, no reference to or incorporation of any contract, specification or document other than the Agreement and this Addendum shall grant rights to or impose any obligations upon either party relative to warranty, indemnity, insurance, delay, liquidated damages, payment or rights to drawings, computer code or other proprietary information. Section One — Instructions to Bidders Indemnification, Article 21 on Page 1.25, modify as follows: 'party by Feasen of OF in GGnneGlien only to the extent caused directly by (A) any activity of CONTRACTOR or any... AGREEMENT, (B) the direct negligence or willful misconduct of CONTRACTOR..." Section Two — Draft Agreement Maintenance, Repair and Replacement, Section 2.P. on page 2.17, revise as follows: `The Contractor shall, when providing maintenance... normal conditions in Monroe County, Florida for a period of twelve 02) months after the earlier of substantial completion of the work or first beneficial operation or use. All auxiliary equipment not manufactured by Contractor carries only such warranty as given by the manufacturer thereof and which is hereby assigned to County. THE EXPRESS WARRANTIES SET FORTH HEREIN CONSTITUTE CONTRACTOR'S SOLE WARRANTY OBLIGATION AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED." The Owner shall have the right to request copies..." Fines and Penalties, Section 2.Q. on page 2.18, revise as follows: `The Contractor shall be liable... federal laws and regulations to the extent directly: arising out ofs or resulting from..." Hold Harmless and Insurance, lst paragraph of Section 9 on page 2.20, revise as follows: "party by Feasen Of OF in oonneGtion only to the extent caused directly by (A) any activity of CONTRACTOR or any... AGREEMENT, (B) the direct negligence or willful misconduct of CONTRACTOR..." Force Majeure. Add new Section 40 as follows: "Contractor shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by circumstances beyond its control, including but not restricted to acts or omissions by County or its employees, agents or contractors. Acts of God, war, civil commotion, acts or omissions of government authorities, fire, thefL corrosion, flood, water damage, lightning, freeze-uos. strikes, lockouts, differences with workers, riots, explosions, quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of any such delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable recovery period and the compensation shall be eauitably adiusted for additional costs Contractor incurs due to such delay." Consequential Damages and Limitation of Liability. Add new Section 41 as follows: "Anythinnc herein notwithstanding, in no event shall either County or Contractor be liable to the other party for special, indirect incidental or conseauential damaaes, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages and, in any event Contractoes aggregate liability for any and all claims, losses or expenses arising out of the Agreement or out of any goods or services furnished under the Agreement whether based in contract negligence, strict liability, agency, warranty, trespass, indemnity or any other theory of liability shall be limited to the lesser of $1,000,000 or the total comoensation received by Contractor from County under the Agreement" The parties agree that this Addendum modifies Bid Specifications including Agreement between the panties and is incorporated therein by this reference. Monroe County Division of Public Works Bid Does Pre -Bid Review (AEMA-99XY6A).doc j ACKNOWLEGEMENT OF APPOINTED SIGNATURE AUTHORITY FROM PRESIDENT AND CHIEF EXECUTIVE OFFICER AND EXECUTIVE VICE- PRESIDENT AND CHIEF FINANCIAL OFFICER AXEL MEIER SIEMENS INDUSTRY, INC. — BUILDING TECHNOLOGIES DIVISION A. We, the undersigned, Daryl Dulaney, President and Chief Executive Officer, and Axel Meier, Executive Vice President and Chief Financial Officer, of. Siemens Industry, Inc. (the "Corporation") a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested by the Board of Director's of Siemens Industry, Inc. and in accordance with the By4.aws of the Corporation and the laws of said State, do hereby acknowledge that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Building Technologies Division of the Corporation, any bids, proposals, bonds, releases and waivers of liens, and any certificates, affidavits, or ancillary documents in connection therewith; any licensing qualification or registration filings, returns; any contracts, leases, agreements, guarantees and any certificates, affidavits, or ancillary documents in connection therewith, up to and including a transactional limit of $10,000,000; and any releases, compranises or settlements in connection with claims or disputes arising out of any such transaction. AUTHORIZED RI §10NATMIES Name Title Dave Mangano Senior Vice President, Field Operations Terry Heath Vice President. Eire Business Unit Head Jack Williams Vice President. Finance and Busaiess Administration, Field Operations Jack Mueller Vice President, Division Finance and Business Administration. FIS Peter Kamps Vice President, Division Finance and Business Administration, BAU Carey Boetheel Vice President, Sec Business Unit Head Bernhard Veld Vice Preset, Division Finance and Business Administratim, SES Mike Kearney Sr. Director, Energy & Environmental Solutions Dan ftec upide Anancallbusiness Administration Manager BAU-EES B. We do further delegate to all Zone Managers, Area Managers, Branch Managers, (`Managers"), or Zone Financial Business Administrators, Area Financial Business Administrators, Branch Financial Business Administrators, ("FBA'), of the Corporation the authorization to execute in the name and on behalf of the Corporation, any and all bids, proposals, requests for proposals, quotations, any certificates, affidavits or ancillary documents in connection therewith, certified payrolls, releases and waivers of liens. Except for Performance/Energy Contracts, the above Managers and FBA's are authorized to execute in the name and on behalf of the Corporation contracts, agreements and bonds including, but not limited to, signature of any certificates, affidavits or ancHlary documents in connection therewith, up to and including a transactional limit of $5,000,000. C. We further acknowledge that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. D. We further acknowledge that each of the signatures of the persons referred to in paragraph A are binding upon the Corporation. E. We further acknowledge that any document executed for an amount greater than $10,000,000 shall require the signature of two of the Officers, one business representative and one finance representative, of whom shall have the requisite signature authority to be legally binding upon the Corporation. F. We further acknowledge that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. IN WITNE33 WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said Corporation, as of the 1't day of February, 2010. Daryl Dulaney President & CEO Siemens Industry, Inc. Axel Meier Executive Vice President & CFO Siemens Industry, Inc. Signed before me this ffl day of February, 2010 Wb �* Kelotafe of Illinois, C66nty of Lake OFFICK SEAL NOTARY FLUX -STATE OF UINOIS WCOSIMSSIONEiIFMr[S tam PA Attachment 1 SIEMENS South Florida - LABOR and MATERIAL RATES EFFECTIVE January 1, 2010 HVAC Mechanic- Pipefitter Specialist/Technician or Electrical Installer Building Automation $145.00/hr Mechanic $122.50/hr Fire Life Safety $135.00/hr Electrical Installer $122.50/hr Security $135.00/hr Application Engineering $175.00/hr Project Manager $175.00/hr A Trip Charge of $40.00 will be added to all T&M invoices to cover incidentals and the rising cost of service truck operation. OVERTIME RATES: Overtime Rates are defined as follows: MONDAY — FRIDAY (Outside of Normal Business Hours*) = 1.5 x APPROPRIATE RATE SATURDAY'S = 1.5 x APPROPRIATE RATE SUNDAY'S & HOLIDAYS = 2.0 x APPROPRIATE RATE *NORMAL BUSINESS HOURS 8:00 AM - 5:00 PM, MONDAY THRU FRIDAY ** A $170.001day TRAVEL PER DIEM WILL BE ADDED TO OVER NIGHT STAY AS REQUIRED. -� MINIMUM SERVICE TIME 4 HOUR MINIMUM CHARGE, dispatch or via Siemens On -Line Service Advantage Service Contract Customers: • RECEIVE A 50% DISCOUNT FROM CURRENT PUBLISHED LIST PRICE ON BUILDING AUTOMATION COMPONENTS as published in the Powers Controls Pneumatic/Electronic & Apogee Automation PRICING GUIDE. • RECEIVE "Trade Net" PRICING FROM SIEMENS FIRE SAFETY COMPONENTS as published in the FIRE SAFETY PRICE LIST. • ALL OUTSIDE MATERIAL INCLUDING MATERIAL FROM OTHER SIEMENS DIVISIONS WILL BE SOLD PER THE OUTSIDE PURCHASE MARK-UP SCHEDULE. • RECEIVE A 20% DISCOUNT ON TECHNICAL LABOR (PROJECT MANAGER. APPLIC. ENGINEER, SPECIALIST/TECHNICIAN) • RECEIVE A 20% DISCOUNT ON MECHANICAUELECTRICAL LABOR (HVAC MECHANIC, PIPEFITTER, ELECTRICAL INSTALLER) • 2 HOUR MINIMUM CHARGE, dispatch or via Siemens On -Line Service Mark -Up for Outside Purchased Material For use when calculating pricing of non-standard products for Labor & Material and Non -Installed product lines. SIEMENS COST MULTIPLIER $ 0.01 thru $ 150.00 = X 2.00 $ 150.01 thru $ 500.00 = X 1.75 $ 500.01 thru $ 5,000.00 = X 1.65 $ 5,000.01 and up = X 1.55 Siemens Building Technologies, Inc 3021 N Commerce Pkwy 2969 SW 42"d Avenue Miramar, FL 33025 Palm City, FL 34990 (954) 364-6600 (772) 419-2800 A-UTY 2011 / 2012 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2012 RECEIPT# 30140-106693 Business Name: SIEMENS INDUSTRY INC Owner Name: DULANEY DARYL, PCEO, OXIOS CLIFFORD,Business Location: 3021 N COMMERCE PKWY Mailing Address: 2200 CABOT DR STE 300 MIRAMAR, FL 33025 LISLE, IL 60532 Business Phone: 954-364-6600 Business Type: CONTRACTORS (AUTOMATION/MECHANICAL SYSTEMS) Rooms Seats Employees Machines Stalls 10 STATE LICENSE: CGC1514909 C For Vending Business Only Number of Machines: Vendino Tvoe: Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 0.00 1 0.00 1 0.00 25.00 Paid 125-10-00006976 08/17/2011 25.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2012 Business Name: SIEMENS INDUSTRY INC RECEIPT# 30140-106693 Business Location: 3021 N COMMERCE PKWY Owner Name: DULANEY DARYL, PCEO, OXIOS CLIFFORD, MIRAMAR, FL 33025 Mailing Address: 2200 CABOT DR STE 300 Business Phone: 954-364-6600 LISLE, IL 60532 Business Type: CONTRACTORS (AUTOMATION/MECHANICAL SYSTEMS) Rooms Seats Employees Machines Stalls 10 STATE LICENSE: CGC1514909 C For Vending Business Only Numher of Machines' Vendino Tvoe: Tax Amount Transfer Fee I Sub -Total Penalty Prior Years Collection Cost Total Paid 25.0 0.00 25.00 0.00 0.00 0.00 25.00 Paid 125-10-00006976 08/17/2011 25.00 2010 / 2011 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2011 RECEIPT# 30140-106693 Business Name: SIEMENS INDUSTRY INC Owner Name: DULANEY DARYL, PCEO, OXIOS CLIFFORD,Business Location: 3021 N COMMERCE PKWY Mailing Address: 2200 CABOT DR STE 300 MIRAMAR, FL 33025 LISLE, IL 60532 Business Phone: 954-364-6600 Business Type: CONTRACTORS (AUTOMATION/MECHANICAL SYSTEMS) Rooms Seats Number of Machines: Employees Machines Stalls 10 STATE LICENSE: CGC1514909 C iding Business Only Vending Tvoe: Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 12.50 0.00 12.50 0.00 1 0.00 1 0.00 12.50 Paid 125-10-00006976 08/17/2011 12.50 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2011 Business Name: SIEMENS INDUSTRY INC RECEIPT# 30140-106693 Business Location: 3021 N COMMERCE PKWY Owner Name: DULANEY DARYL, PCEO, OXIOS CLIFFORD, MIRAMAR, FL 33025 Mailing Address: 2200 CABOT DR STE 300 Business Phone: 954-364-6600 LISLE, IL 60532 Business Type: CONTRACTORS (AUTOMATION/MECHANICAL SYSTEMS) Rooms Seats Employees Machines Stalls 10 STATE LICENSE: CGC1514909 C For Vending Business Only Numher of Machines: For TVDe: Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 12.50 0.00 12.50 0.00 0.00 0.00 12.50 Paid 125-10-00006976 08/17/2011 12.50 CITY OF KEY WESTI FLORIDA Business Tax Receipt This Document is a business tax receipt Holder must meet all City zoning and use provisions. P.O. Box 1409, Key West, Florida 330.40 (305) 809-3955 Business Name SIEMENS INDUSTRY INC.-/ ELECTR Ct1Nbr:0019530 Location Addr 10111 BUSINESS DR Lic NBR/Class 11-000249 25 CONTRACTOR CERT ELECTRICAL Issue Date: August 18, 2010 Expiration Datd:September 30, 2011 License Fee $309.75 - Add. Charges $0.00 Penalty $0.00 Total $309.75 Comments: This document must be prominently displayed. SIEMENS BUILDING TECHNOLOGIES SIEMENS INDUSTRY INC. I ELECTR, Oper: CALKER Type: N Drawer: I CIO THOMSON REUTERS Date: 8/18/10 51 Receipt no: 101563 2200 CABOT DR #300 2011 24925 OR LIC OCCUPATIO 1 $309.75 LISLE IL 60532 Trans nuebev: 2522415 CK CHECK 602446 $334,75 Trans date; 8/13/1@ time: 14:18:41 R CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/16/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the olic ies must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pemen ....A tatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CON ACT MARSH USA, INC. NAME: 445SOUTH STREET PHONE FAX MORRISTOWN, NJ 07960-6454 PEP2 _WQL ac No : I- NSURER S AFFORDING COVERAGE NAIC S 100129-6-7BA-SBT1-11/12 228 Schuma R A: HDI-G ing America Insurance Company 41343 INSURED B :Liberty utual Fire Ins Co 23035 SIEMENS INDUSTRY, INC. INCLUDING RISK MANA BUILDING TECHNOLOGIES DIVISION INSURER C ; nsurance Corporation 42404 1000 DEERFIELD PARKWAY INSURER D BUFFALO GROVE, IL 60089-4513 INSURER E INSURER F r_nVFRAr.FR t'C0T1C1/`AT0 k11 1kfi13 _M. - .w.vn nvrnur=n. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INqA SUBR WVD POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY GLD11101-03 10/01/2011 10/0V2012 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 100,000 CLAIMS -MADE [y] OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ INCL X POLICYF—1 PRO [71 LOC $ B AUTOMOBILE LIABILITY AS2-631-004334-211 10/01/2011 10/01/2012 COMBINED SINGLE LIMIT Ea accident 2,000,000 a X BODILY INJURY (Per person) _ $ N/A ANY AUTO ALL OWNED SCHEDULED ' ' I- X BODILY INJURY (Per accident) $ N/A AUTOS AUTOS - - HIRED AUTOS X NON -OWNED AUTOS ( X PROPERTY DAMAGE Per accident $ NIA ; ( - � (� � 1 � 'o Y UMBRELLA LIAB H OCCUR 3- ? ' `' - _ ` �' - "- - EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION WA7-63D-004334-011 (ADS) 10/01/2011 10/01/2012 X WC srnru- OTH- C AND EMPLOYERS' LIABILITY1 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N WC7-631-004334 021 (OR, WI) 10/01/2011 10/01/2012 ER 1,000,000 C OFFICER/MEMBER EXCLUDED? E N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) EW5-63N-004334.421 (OH) 10/01/2011 10/01/2012 Ayes, describe under ESCRIPTION OF OPERATIONS below 1500K LIMIT / $500K SIR" 1,000,000 E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) \ E: BG �I_D ONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS INCLUDED AS ADDITIONAL INSURED UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE OUCIES, BUT ONLY WITH RESPECT TO ALL WORK PERFORMED BY AND ON BEHALF OF THE NAMED INSURED, SIEMENS INDUSTRY, INC. FOR CERTIFICATE HOLDER UNDER CONTRACT. OMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: MONIQUE DIAZ 1100 SIMONTON ST. KEY WEST, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee _MXL , t,:. � �y Q IUUtl-ZUIU ACOHO CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD HDI-GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT # 34 Policy Number GLDI I IOI-03 Named Insured SIEMENS CORPORATION Policy Period: Inception (M-D Y) Expiration (M-D-Y) Effective Date and Time of Endorsement 10-01-11 10-01-12 10-01-11 12:01 a.m. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Who is an insured is amended to include as an insured any person whom you are required to add as an additional insured on this policy under a written agreement. The insurance coverage provided to such additional insured applies only to the extent required within the written agreement. The insurance coverage provided to the additional insured person shall not provide any broader coverage than you are required to provide to the additional insured person in the written agreement and shall not provide limits of insurance that exceed the lower of the Limits of Insurance provided to you in this policy, or the limits of insurance you are required to provide in the written agreement. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, excess, contingent, or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the written agreement specifically requires that this insurance apply on a primary basis, this insurance is primary. If the written agreement specifically requires this insurance apply on a primary and non-contributory basis this insurance is primary to other insurance available to the additional insured and we will not share with that other insurance. This endorsement shall prevail over additional insured endorsements that may apply under this policy unless required otherwise in the written agreement. All terms and conditions of the policy remain unchanged. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page I of 1 www.sunbiz.org - Department of State Page 1 of 3 Home Contact Us E-Filing Services Previous on List Next on List Return To List Events Name History Detail by Entity Name Foreian Profit Coraoration SIEMENS INDUSTRY, INC. Filing Information Document Number F98000005626 FEI/EIN Number 132762488 Date Filed 10/08/1998 State DE Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 10/08/2009 Event Effective Date NONE Principal Address 1000 DEERFIELD PKWY. BUFFALO GROVE IL 60089 Mailing Address 170 WOOD AVE. SOUTH ISELIN NJ 08830 Changed 04/04/2006 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Officer/Director Detail Name & Address Title PCEO DULANEY, DARYL 1000 DEERFIELD PKWY BUFFALO GROVE IL 60089 Title PCFO MEIER, AXEL 1000 DEERFIELD PKWY BUFFALO GROVE IL 60089 Document Searches Forms Help Entity Name Search Submit http://ccfcorp.dos. state.fl.us/scripts/cordet. exe?action=DETFIL&inq_doc_number=F98000005626&inq_... 8/5/2011 www.sunbiz.org - Department of State Page 2 of 3 Title S HISLIP, DANIEL 3333 OLD MILTON PARKWAY ALPHARETTA, GA 50005 Title AS PACANSKY,BEVERLY 170 WOOD AVE SOUTH ISELIN NJ 08830 Title D DULANEY, DARYL 1000 DEERFIELD PKWY BUFFALO GROVE IL 60089 Title D MEIER, AXEL 1000 DEERFIELD PARKWAY BUFFALO GROVE IL 60089 Annual Reports Report Year Filed Date 2009 04/20/2009 2010 04/27/2010 2011 05/02/2011 Document Images 05/02/2011 --ANNUAL REPORT View image in PDF format 04/27/2010 -- ANNUAL REPORT View image in PDF format 10/08/2009 -- Name Change r View image in PDF format 04/20/2009 -- ANNUAL REPORT View image in PDF format 04/03/2008 --ANNUAL REPORT View image in PDF format 04/04/2007 -- ANNUAL REPORT View image in PDF format 04/04/2006 -- ANNUAL REPORT View image in PDF format 09/08/2005 -- ANNUAL REPORT C View image in PDF format 05/04/2005 -- ANNUAL REPORT View image in PDF format 03/23/2004 -- ANNUAL REPORT C View image in PDF format 02/10/2003 -- ANNUAL REPORT View image in PDF format 01/30/2002 -- ANNUAL REPORT View image in PDF format 05/07/2001 -- ANNUAL REPORT View image in PDF format 05/24/2000 -- ANNUAL REPORT View image in PDF format 05/11/1999 -- ANNUAL REPORT C View image in PDF format 10/08/1998 -- Foreign Profit I View image in PDF format Note: This is not official record. See documents if question or conflict. http: //ccfcorp. dos. state. fl.us/scripts/cordet. exe?action=DETFIL&inq_doc_number=F98000005 626&inq_... 8/5/2011 www.sunbiz.org - Department of State Page 3 of 3 Previous on List Next on List Return To List Events Name History Home I Contact us I Document Searches I E-Filinci Services I Forms I Help Copvriciht© and Privacv Policies State of Florida, Department of State Entity Name Search Submit j http ://ccfcorp. dos. state. fl.us/scripts/cordet. exe?action=DETFIL&inq_doc_number=F98 000005 626&inq_... 8/5/2011 2011, FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# F98000005626 Entity Name: SIEMENS INDUSTRY, INC. Current Principal Place of Business: 1000 DEERFIELD PKWY. BUFFALO GROVE, IL 60089 Current Mailing Address: 170 WOOD AVE. SOUTH ISELIN, NJ 08830 FEI Number: 13-2762488 FEI Number Applied For( ) Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 US FILED May 02, 2011 Secretary of State New Principal Place of Business: New Mailing Address: FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent OFFICERS AND DIRECTORS: Title: PCEO Name: DULANEY, DARYL Address: 1000 DEERFIELD PKWY City -St -Zip: BUFFALO GROVE, IL 60089 Title: PCFO Name: MEIER, AXEL Address: 1000 DEERFIELD PKWY City -St -Zip: BUFFALO GROVE, IL 60089 Title: S Name: HISLIP, DANIEL Address: 3333 OLD MILTON PARKWAY City -St -Zip: ALPHARETfA„ GA 50005 Title: AS Name: PACANSKY,BEVERLY Address: 170 WOOD AVE SOUTH City -St -Zip: ISELIN, NJ 08830 Title: D Name: DULANEY, DARYL Address: 1000 DEERFIELD PKWY City -St -Zip: BUFFALO GROVE, IL 60089 Title: D Name: MEIER, AXEL Address: 1000 DEERFIELD PARKWAY City -St -Zip: BUFFALO GROVE, IL 60089 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: MARIA V. CHINCHAR Electronic Signature of Signing Officer or Director POA 05/02/2011 Date