Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item C17
I�`� 4 ' '' "tr, BOARD OF COUNTY COMMISSIONERS County of Monroe \,a� Mayor Michelle Coldiron,District 2 �1 nff _llll Ma or Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting April 21, 2021 Agenda Item Number: C.17 Agenda Item Summary #8082 REVISED AC 1J : Replaced Amendment with version signed by Contractor(attached) BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval of a Fourth Amendment to Agreement with Siemens Industry, Inc. for "Fire Alarm System, Building Automation System, and Smoke Control System Testing, Certification, and Maintenance" for Corrections and other Facilities, for an extension on a month-to-month basis, commencing on April 20, 2021, not to exceed six (6) months, while negotiating terms of a Sole Source Agreement, at a cost of$168,606.01, plus repairs. Funding is Ad Valorem and Fines and Forfeitures. ITEM BACKGROUND: Siemens Industry, Inc. provides the testing, certification, and maintenance of the fire alarm system, building automation system, and smoke control system of the Corrections' facilities and other County owned buildings. This request is for approval of a Fourth Amendment to the Agreement with Siemens on a month-to-month basis, not to exceed six (6) months while negotiating terms of a Sole Source Agreement. The new term would commence April 20, 2021. This Amendment is at an annual cost of $168,606.01, plus repairs not to exceed $60,000 per contract year. The rates will remain the same with no CPI-increase. On March 17, 2021, the BOCC approved a waiver of certain provisions of the County Purchasing Policy so staff could negotiate a new contract with Siemens as a sole source provider of these services. This extension is to allow staff time to negotiate and finalize a new Contract. PREVIOUS RELEVANT BOCC ACTION: October 1, 2015 BOCC approved a month-to-month renewal agreement with Siemens Industry, Inc. pending the award of a new contract. October 1, 2015 Siemens was the sole respondent to a Bid Request for new services. Their submission included terms that were outside the scope of the original Bid Request. December 9, 2015 BOCC approved for negotiations to take place with Siemens until a satisfactory contract was achieved and then for it to be placed for approval by the BOCC. April 20, 2016 BOCC approved a two (2) year agreement with three (3) optional one (1) year renewals with Siemens. May 16, 2018 BOCC approved the First Amendment to the Siemens Agreement for a one-year renewal and a 2.1% CPI-U increase, added the Sheriff's Administration Building EST system, amended its Agreement as to the Public Records compliance, Non-Discrimination compliance, and Federal Required Contract Provisions. April 17, 2019 BOCC approved the Second Amendment to the Siemens Agreement for a one-year renewal and a 1.9 % CPI-U increase and added new statutory language as to scrutinized companies. May 20, 2020 BOCC approved the Third Amendment to the Siemens Agreement for a one-year renewal. The rates remain the same with no CPI-increase due to unexpected expenses of the County for the Covid-19 crisis. March 17, 2021 BOCC approved a request for a waiver of the Monroe County Purchasing Policy provisions to designate Siemens Industry as a Sole Source Provider so that the expiring Contract with Siemens Industry, Inc. could be negotiated and renewed as a sole source. CONTRACT/AGREEMENT CHANGES: Month-to-Month extension commencing April 20, 2021, not to exceed six (6) months while negotiating terms of a Sole Source Agreement. STAFF RECOMMENDATION: Approval DOCUMENTATION: 04-21-2021 Fourth Amendment to Agreement_Month to Month - Siemens (Final revised with Federal provisions with legal stamp) signed Third Amendment 05/20/2020 Secod Amendment 04/17/2019 First Amendment(5/16/2018) Final Negotiated Bid Agreement Siemens (4-20-16) FINANCIAL IMPACT: Effective Date: 04/20/2021 Expiration Date: Six (6) months or no later than 10/19/2021 on a month-to-month basis Total Dollar Value of Contract: $168,606.01/year + repairs Total Cost to County: $168,606.01/year + repairs Current Year Portion: $84,303.01 + repairs Budgeted: Yes Source of Funds: Ad Valorem & Fines and Forfeitures CPI: Yes Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: Insurance Required: Yes Additional Details: Extension is on a month-to-month basis while negotiating terms of a Sole Source Agreement. 04/17/19 101-20505 - CORRECTION FACILITIES $137,918.40 04/17/19 101-20505 - CORRECTION FACILITIES $45,000.00 repairs NTE 04/17/19 001-20501 FACILITIES MAINTENANCE $30,687.61 04/17/19 001-20501 FACILITIES MAINTENANCE $15,000.00 repairs NTE Total: $228,606.01 REVIEWED BY: Patricia Eables Completed 04/05/2021 5:14 PM William DeSantis Completed 04/06/2021 6:32 AM Dan Bensley Completed 04/06/2021 8:29 AM Purchasing Completed 04/06/2021 4:35 PM Budget and Finance Completed 04/06/2021 4:41 PM Maria Slavik Completed 04/06/2021 5:36 PM Liz Yongue Completed 04/06/2021 5:40 PM Board of County Commissioners Pending 04/21/2021 9:00 AM FOURTH AMENDMENT TO AGREEMENT FOR TESTING, CERTIFICATION,AND MAINTENANCE MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM,APOGEE BUILDING AUTOMATION SYSTEM(HVAC),AND SMOKE CONTROL SYSTEM SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM(HVAC) KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM MONROE COUNTY(MARATHON) GOVERNMENT CENTER: BUILDING AUTOMATION SYSTEM MONROE COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION SYSTEM This Fourth Amendment to Agreement is made and entered into this 21 st day of April, 2021, between MONROE COUNTY, FLORIDA ("COUNTY" or "OWNER"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SIEMENS INDUSTRY, INC. (`CONTRACTOR") a Delaware corporation, authorized to do business in the State of Florida as a Foreign Profit Corporation, whose principal address is 100 Technology Drive, Alpharetta, Georgia 30005, and whose mailing address for the purposes of this Agreement is 3021 N. Commerce Parkway, Miramar, Florida 33025, and whose mailing address for payment is 1000 Deerfield Parkway,Buffalo Grove,Illinois 60089-4513. WHEREAS,the parties hereto did on April 20,2016,enter into a testing,certification,and maintenance agreement(hereinafter"Original Agreement"); and WHEREAS, the parties hereto did on May 16, 2018, to enter into a First Amendment to extend the term of the Original Agreement for the first one (1) year renewal period, award an annual CPI adjustment, and amend its Agreement as to the Public Records compliance, Non- Discrimination compliance, and Federal Required Contract Provisions; and WHEREAS, the parties hereto did on April 17, 2019, to enter into a Second Amendment to extend the term of the Original Agreement for the second one (1) year renewal period, award an annual CPI adjustment, and amend its Agreement adding new statutory language as to scrutinized companies; and WHEREAS, the parties hereto did on May 20, 2020, enter into a Third Amendment to extend the term of the Original Agreement for the third and final one(1)year renewal period; and 1 WHEREAS, the BOCC hereto did on March 17, 2021, approve a request for a waiver of the Monroe County Purchasing Policy provisions to designate Siemens industry, Inc. as a Sole Source Provider so that the expiring Contract with Siemens Industry, Inc. could be negotiated and renewed as a sole source; and WHEREAS, the County desires to extend the term of the Original Agreement, as amended, on a month-to-month basis,not to exceed six(6)months, to allow time for the parties to negotiate a new sole source contract; and WHEREAS, the parties also desire to update and/or add current revisions pursuant to County ordinances or policies and/or Federal required contract provisions; and WHEREAS,both parties find that it would be mutually beneficial to enter into this Fourth Amendment to extend the term of the Original Agreement, as amended, on a month-to-month basis,not to exceed six(6)months pending negotiations on terms of a Sole Source Agreement and to update provisions of the Agreement; NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below,the parties agree as follows: 1. In accordance with Paragraph 5, TERM OF AGREEMENT, the County desires to renew the Original Agreement on a month-to-month basis, not to exceed six (6) months pending negotiations on terms of a new Sole Source Agreement. The term of this Fourth Amendment will commence on April 20,2021. 2. Paragraph 4 of the Original Agreement, PAYMENTS TO CONTRACTOR, Subpart D, shall remain as follows: D. COUNTY shall pay to the CONTRACTOR for the performance of all services except those identified herein as "Corrective Maintenance and Component Replacement" ("Additional Services") on a per quarterly, in arrears basis on or before the 1 st day of the following month in three(3) month periods.The CONTRACTOR shall invoice the COUNTY quarterly for the maintenance and testing performed under the Contract Documents contained herein. The Contract amount, effective April 20, 2021, remains as follows: Monroe County Detention Center $80,596.59 per year Sheriffs Administration Building $22,153.21 per year Key West Courthouse Annex $ 6,923.86 per year Monroe County Juvenile Justice Building $35,168.60 per year Monroe County Government Center $15,096.19 per year Crawl Key Medical Examiner's Office $ 8,667.56 per year TOTAL $ 168,606.01 Annual 3. Paragraph 40.11, Fraud and False or Fraudulent or Related Acts, of the Original Agreement, as amended by the First Amendment, is hereby replaced with the following: 2 40.11 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 4. Paragraph 40.12,Access to Records, of the Original Agreement, as amended by the First Amendment, is hereby replaced with the following: 40.12 Access to Records. Contractor/Consultant and their successors, transferees, assignees,and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS. (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary,as required by DHS regulations and other applicable laws or program guidance. (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 5. Paragraph 40.13, Federal Government Not a Party to Contract, of the Original Agreement, as amended by the First Amendment, is hereby replaced with the following: 40.13 No Obli atg ion by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract_ 6. The Original Agreement, as amended, is hereby further amended to include the following identified as Paragraph 40, FEDERAL CONTRACT PROVISIONS, Paragraphs 40.19, 40.20, 40.21, and 40.22, to include the following Federal Required Contract Provisions, if applicable: 40.19 Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) 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 3 spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,running from the date the monies were paid by the COUNTY. 40.20 Changes to Contract. The CONTRACTOR understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and CONTRACTOR. 40.21 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR §200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 589, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dalrua Technology Company(or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense,in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by,or otherwise connected to, the government of a covered foreign country. 40.22 Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all 4 subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass,including optical fiber; and lumber. 7. The Original Agreement, as amended, is hereby further amended to include the following identified as Paragraph 41, E-VERIFY SYSTEM, to include the following, if applicable: 41, E-VERIFY SYSTEM. Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095. 8. In all other respects,the remaining terms of the Original Agreement dated April 20, 2016, as amended,not inconsistent herewith, shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 5 IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA By: By: As Deputy Clerk Mayor Date: Date: Witnesses for CONTRACTOR: CONTRACTOR: SIEMENS INDUSTRY, INC. AI/'� Di,1,11y sign.d by Alcintlor Shaw yT �+ Digitally signed by Mathewson Danlel Clndor DN:cn=Alcintlor Shaw,c=US, Mathewson DN cn=Mathewson Daniel, o-Siemens Industry,Inc., o=5ie mans, u=smart Infrastructure, all=dan mathewson@sie Shaw Dateil 202,04�912'.@33s26-04�00' Daniel Date 202,04.,209D332_0400 com Signature of person authorized to Signature Alcindor Shaw legally bind Corporation Zone FBA Manager Date: Dan Mathewson Branch General Manager Date Print Nanie and Title Mangier DN�1-M-gicri oeAngie LouAnn g o-S1e e„=, Siemens Industry, Inc., Smart Infrastructure LouAnn email-lcua hn,angie�sien,ens con Date oZ,'oQ.o9,,:Z6,9-oQoo Address: 3021 N. Commerce Parkway Signature Miramar, FL 33025 954-364-6600 Telephone Number Date MONROE COUNTY ATTORNEY'S OFFICE Erg TO a M PAT'RI IA Vmd E ASStST COUNTY ATTORNEY ON 4 6 C.17' i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting April 21, 2021 Agenda Item Number: C.17 Agenda Item Summary #8082 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval of a Fourth Amendment to Agreement with Siemens Industry, Inc. for "Fire Alarm System, Building Automation System, and Smoke Control System Testing, Certification, and Maintenance" for Corrections and other Facilities, for an extension on a month-to-month basis, commencing on April 20, 2021, not to exceed six (6) months, while negotiating terms of a Sole Source Agreement, at a cost of$168,606.01, plus repairs. Funding is Ad Valorem and Fines and Forfeitures. ITEM BACKGROUND: Siemens Industry, Inc. provides the testing, certification, and maintenance of the fire alarm system, building automation system, and smoke control system of the Corrections' facilities and other County owned buildings. This request is for approval of a Fourth Amendment to the Agreement with Siemens on a month-to-month basis, not to exceed six (6) months while negotiating terms of a Sole Source Agreement. The new term would commence April 20, 2021. This Amendment is at an annual cost of $168,606.01, plus repairs not to exceed $60,000 per contract year. The rates will remain the same with no CPI-increase. On March 17, 2021, the BOCC approved a waiver of certain provisions of the County Purchasing Policy so staff could negotiate a new contract with Siemens as a sole source provider of these services. This extension is to allow staff time to negotiate and finalize a new Contract. PREVIOUS RELEVANT BOCC ACTION: October 1, 2015 BOCC approved a month-to-month renewal agreement with Siemens Industry, Inc. pending the award of a new contract. October 1, 2015 Siemens was the sole respondent to a Bid Request for new services. Their submission included terms that were outside the scope of the original Bid Request. December 9, 2015 BOCC approved for negotiations to take place with Siemens until a satisfactory contract was achieved and then for it to be placed for approval by the BOCC. April 20, 2016 BOCC approved a two (2) year agreement with three (3) optional one (1) year renewals with Siemens. Packet Pg.840 C.17 May 16, 2018 BOCC approved the First Amendment to the Siemens Agreement for a one-year renewal and a 2.1% CPI-U increase, added the Sheriff's Administration Building EST system, amended its Agreement as to the Public Records compliance, Non-Discrimination compliance, and Federal Required Contract Provisions. April 17, 2019 BOCC approved the Second Amendment to the Siemens Agreement for a one-year renewal and a 1.9 % CPI-U increase and added new statutory language as to scrutinized companies. May 20, 2020 BOCC approved the Third Amendment to the Siemens Agreement for a one-year renewal. The rates remain the same with no CPI-increase due to unexpected expenses of the County for the Covid-19 crisis. March 17, 2021 BOCC approved a request for a waiver of the Monroe County Purchasing Policy provisions to designate Siemens Industry as a Sole Source Provider so that the expiring Contract with Siemens Industry, Inc. could be negotiated and renewed as a sole source. CONTRACT/AGREEMENT CHANGES: Month-to-Month extension commencing April 20, 2021, not to exceed six (6) months while negotiating terms of a Sole Source Agreement. STAFF RECOMMENDATION: Approval DOCUMENTATION: 04-21-2021_Fourth Amendment to Agreement_Month to Month - Siemens (Final revised with Federal provisions with legal stamp) Third Amendment 05/20/2020 Secod Amendment 04/17/2019 First Amendment(5/16/2018) Final Negotiated Bid Agreement Siemens (4-20-16) FINANCIAL IMPACT: Effective Date: 04/20/2021 Expiration Date: Six (6) months or no later than 10/19/2021 on a month-to-month basis Total Dollar Value of Contract: $168,606.01/year + repairs Total Cost to County: $168,606.01/year + repairs Current Year Portion: $84,303.01 + repairs Budgeted: Yes Source of Funds: Ad Valorem & Fines and Forfeitures CPI: Yes Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Packet Pg.841 C.17 Grant: No County Match: Insurance Required: Yes Additional Details: Extension is on a month-to-month basis while negotiating terms of a Sole Source Agreement. 04/17/19 101-20505 - CORRECTION FACILITIES $137,918.40 04/17/19 101-20505 - CORRECTION FACILITIES $45,000.00 repairs NTE 04/17/19 001-20501 FACILITIES MAINTENANCE $30,687.61 04/17/19 001-20501 FACILITIES MAINTENANCE $15,000.00 repairs NTE Total: $228,606.01 REVIEWED BY: Patricia Eables Completed 04/05/2021 5:14 PM William DeSantis Completed 04/06/2021 6:32 AM Dan Bensley Completed 04/06/2021 8:29 AM Purchasing Completed 04/06/2021 4:35 PM Budget and Finance Completed 04/06/2021 4:41 PM Maria Slavik Completed 04/06/2021 5:36 PM Liz Yongue Completed 04/06/2021 5:40 PM Board of County Commissioners Pending 04/21/2021 9:00 AM Packet Pg.842 FOURTH AMENDMENT TO AGREEMENT FOR TESTING, CERTIFICATION,AND MAINTENANCE v, 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 T AUTOMATION SYSTEM(HVAC) 2 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 2 MONROE COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION y SYSTEM This Fourth Amendment to Agreement is made and entered into this 21 st day of April 2021, between MONROE COUNTY, FLORIDA ("COUNTY" or "OWNER"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 0 33040, and SIEMENS INDUSTRY, INC. ("CONTRACTOR") a Delaware corporation, 2 0 authorized to do business in the State of Florida as a Foreign Profit Corporation, whose principal address is 100 Technology Drive, Alpharetta, Georgia 30005, and whose mailing address for the purposes of this Agreement is 3021 N. Commerce Parkway, Miramar, Florida 33025, and whose mailing address for payment is 1000 Deerfield Parkway, Buffalo Grove, Illinois 60089-4513. E WHEREAS,the parties hereto did on April 20,2016, enter into a testing, certification, and 2 maintenance agreement(hereinafter"Original Agreement"); and 0 WHEREAS, the parties hereto did on May 16, 2018, to enter into a First Amendment to extend the term of the Original Agreement for the first one (1) year renewal period, award an E annual CPI adjustment, and amend its Agreement as to the Public Records compliance, Non- Discrimination compliance, and Federal Required Contract Provisions; and E WHEREAS, the parties hereto did on April 17, 2019, to enter into a Second Amendment to extend the term of the Original Agreement for the second one (1) year renewal period, award U-i an annual CPI adjustment, and amend its Agreement adding new statutory language as to N scrutinized companies; and N WHEREAS, the parties hereto did on May 20, 2020, enter into a Third Amendment to extend the term of the Original Agreement for the third and final one (1)year renewal period; and a� 1 Packet Pg.843 WHEREAS, the BOCC hereto did on March 17, 2021, approve a request for a waiver of a the Monroe County Purchasing Policy provisions to designate Siemens Industry, Inc. as a Sole E Source Provider so that the expiring Contract with Siemens Industry, Inc. could be negotiated and v, renewed as a sole source; and 7, a� WHEREAS, the County desires to extend the term of the Original Agreement, as amended, on a month-to-month basis,not to exceed six (6)months,to allow time for the parties to negotiate a new sole source contract; and o N WHEREAS, the parties also desire to update and/or add current revisions pursuant to 2 County ordinances or policies and/or Federal required contract provisions; and WHEREAS,both parties find that it would be mutually beneficial to enter into this Fourth Amendment to extend the term of the Original Agreement, as amended, on a month-to-month _ basis,not to exceed six(6)months pending negotiations on terms of a Sole Source Agreement and to update provisions of the Agreement; NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set 2 forth below, the parties agree as follows: 1. In accordance with Paragraph 5, TERM OF AGREEMENT, the County desires to renew the Original Agreement on a month-to-month basis, not to exceed six (6) months pending E negotiations on terms of a new Sole Source Agreement. The term of this Fourth Amendment will commence on April 20, 2021. 2. Paragraph 4 of the Original Agreement, PAYMENTS TO CONTRACTOR, 0 Subpart D, shall remain as follows: c 0 D. COUNTY shall pay to the CONTRACTOR for the performance of all services i except those identified herein as "Corrective Maintenance and Component Replacement" ("Additional Services") on a per quarterly, in arrears basis on or before the 1 st day of the E 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 0 herein. The Contract amount, effective April 20, 2021, remains as follows: a� Monroe County Detention Center $80,596.59 per year a Sheriffs Administration Building $22,153.21 per year Key West Courthouse Annex $ 6,923.86 per year Monroe County Juvenile Justice Building $35,168.60 per year - i Monroe County Government Center $15,096.19 per year N Crawl Key Medical Examiner's Office $ 8,667.56 per year N TOTAL $ 168,606.01 Annual 3. Paragraph 40.11, Fraud and False or Fraudulent or Related Acts, of the Original Agreement, as amended by the First Amendment, is hereby replaced with the following: 2 Packet Pg.844 40.11 Program Fraud and False or Fraudulent Statements or Related Acts. The E contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 4. Paragraph 40.12, Access to Records, of the Original Agreement, as amended by the First Amendment, is hereby replaced with the following: 0 N 40.12 Access to Records. Contractor/Consultant and their successors, transferees, assignees,and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, _ facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS. (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of 2 information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other '�- applicable laws or program guidance. (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support E the reports. 5. Paragraph 40.13, Federal Government Not a Party to Contract, of the Original 0 Agreement, as amended by the First Amendment, is hereby replaced with the following: 0 40.13 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 0) 6. The Original Agreement, as amended, is hereby further amended to include the 2 CD following identified as Paragraph 40, FEDERAL CONTRACT PROVISIONS, Paragraphs < 0 40.19, 40.20, 40.21, and 40.22, to include the following Federal Required Contract Provisions, if applicable: 40.19 Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or for a period of U- five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, N whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) 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 3 Packet Pg.845 spent for purposes not authorized by this Agreement, or were wrongfully retained by the 0. CONTRACTOR, the CONTRACTOR shall repay the monies together with interest E calculated pursuant to Sec. 55.03, of the Florida Statutes,running from the date the monies 76 were paid by the COUNTY. 40.20 Changes to Contract. The CONTRACTOR understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification change order or constructive change must be approved in writing g � g g PP g � by both the COUNTY and CONTRACTOR. 40.21 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR §200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract 2 (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential '�- component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is E telecommunications equipment produced by Huawei Technologies Company or ZTE v? Corporation (or any subsidiary or affiliate of such entities). 0 (i) For the purpose of public safety, security of government facilities, physical security c surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications 0 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. 0 (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably E believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. 0 i 40.22 Domestic preference for procurements as set forth in 2 CFR §200.322. The N COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all 4 Packet Pg.846 subawards including contracts and purchase orders for work or products under federal 0. award. For purposes of this section: E (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2 7. The Original Agreement, as amended, is hereby further amended to include the following identified as Paragraph 41, E-VERIFY SYSTEM, to include the following, if applicable: 41, E-VERIFY SYSTEM. y Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any 2 subcontractor shall register with and shall utilize the U.S. Department of Homeland S W Security's E-Verify system to verify the work authorization status of all new employees � hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise 2 U) utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not 2 employ, contract with, or subcontract with an unauthorized alien. The Contractor shall c comply with and be subject to the provisions of F.S. 448.095. i 8. In all other respects,the remaining terms of the Original Agreement dated April 20, 2016, as amended, not inconsistent herewith, shall remain in full force and effect. E 0 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 0 [SIGNATURE PAGE TO FOLLOW] i T_ cv CD cv cv 5 Packet Pg.847 IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and ru year first written above. a, N (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Date: Date: -� Witnesses for CONTRACTOR: CONTRACTOR: SIEMENS INDUSTRY, INC. 2 U) 0 Signature of person authorized to 0 Signature legally bind Corporation 0 Date: i Date Print Name and Title ' 0 Address: Signature Telephone Number a Date 0 i N CD N MflgRFIO COUNTY ATTORNEY' OFFICE EDPT O M WTUCIA EMLCS ASSISTANT COUNTY ATTORNEY DATE: _ 4/Q6L2Q21 .� N 6 Packet Pg.848 fAW1r� C.1 I.!J Kevin Madok, cPA ' 'AleClerk of the Circuit Court&Comptroller--Monroe County, Florida DATE: July 23, 202O TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc c . . SUMFGT; May 20' BOCC Meeting Attached is an electronic copy of the following item for your liandliW. P9 3rd Amendment to Agreement 4%itli Siemens Industry, Inc. for"Fire Alarm Sys(em, Building Automation System, and Smoke Control System Testing, Certification, and Maintenance" for Corrections and oilier Facilities, exercising the Hurd renewal option, retro-active to April 20, 2020 at a cost of'$168,606.01, plus repairs. Funding is Ad Valorem and Fines and - Forfeitures. 2 Should you liavc any questions please feel free to contact ine at (305) 292-3550. U) CD CD CD LO cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 Packet Pg.849 C.17.b THIRD AMENDMENT TO AGREEMENT FOR TESTING,CERTIFICATION,AND MAINTENANCE MONROE COUNTY DETENTION CENTER:FIRE ALARM SYSTEM,APOGEE BUILDING AUTOMATION SYSTEM (HVAC),AND SMOKE CONTROL SYSTEM SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM(HVAC) KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM MONROE COUNTY(MARATHON)GOVERNMENT CENTER: BUILDING AUTOMATION SYSTEM MONROE COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION SYSTEM This Third Amendment to Agreement is made and entered into this 20th day of May,2020, E between MONROE COUNTY, FLORIDA ("COUNTY" or "OWNER"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SIEMENS INDUSTRY, INC. ("CONTRACTOR") a Delaware corporation, authorized to do cv business in the State of Florida as a Foreign Profit Corporation, whose principal address is 100 Technology Drive,Alpharetta,Georgia 30005,and whose mailing address for the purposes of thisLO c® Agreement is 3021 N. Commerce Parkway, Miramar, Florida 33025, and whose mailing address for payment is 1000 Deerfield Parkway, Buffalo Grove,Illinois 60089-4513. WHEREAS,the parties hereto did on April 20,2016,enter into a testing,certification,and maintenance agreement(hereinafter"Original Agreement");and m WHEREAS, the parties hereto did on May 16, 2018, enter into a First Amendment to extend the term of the Original Agreement for the first one (1) year renewal period, award an e® annual CPI adjustment, and amend its Agreement as to the Public Records compliance, Non- Discrimination compliance,and Federal Required Contract Provisions; and WHEREAS,the parties hereto did on April 17,2019,enter into a Second Amendment to extend the term of the Original Agreement for the second one (1)year renewal period, award an a nual CPI adjustment,and amend its Agreement adding new statutory language as to scrutinized companies; and WHEREAS,the County desires to extend the term of the Original Agreement for the third and final renewal period; and Packet Pg.850 C.17.b WHEREAS,both parties find that it would be mutually beneficial to enter into this Third Amendment to extend the term of the Original Agreement for the third and final, one (1) year renewal period; NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below,the parties agree as follows: 1. In accordance with Paragraph 5, TERM OF AGREEMENT,the County exercises the third of three (3) one-year options to renew the Original Agreement. The term of this Third Amendment will commence retroactive to April 20,2020,and terminate April 19, 2021. 2. Paragraph 4 of the Original Agreement, PAYMENTS TO CONTRACTOR, Subpart D, shall be revised as follows: D. COUNTY shall pay to the CONTRACTOR for the performance of all services except those identified herein as "Corrective Maintenance and Component Replacement" ("Additional Services") on a per quarterly, in arrears basis on or before the 1 st day of the following month in three(3) month periods.The CONTRACTOR shall invoice the COUNTY quarterly for the maintenance and testing performed under the Contract Documents contained c oherein. The Contract amount, effective April 20, 2020, remains as follows: V Monroe County Detention Center $80,596.59 per year Sheriffs Administration Building $22,153.21 per year Cn Key West Courthouse Annex $ 6,923.86 per year W Monroe County Juvenile Justice Building $35,168.60 per year CD cal Monroe County Government Center $3 5,D96.19 per year CD �+ Crawl Key Medical Examiner's Office $ 8,667.56 per year c® LO TOTAL S 168,606.01 Annual In all other respects,the remaining terms of the Original Agreement dated April 20,2016, s amended,not inconsistent herewith,shall remain in full force and effect. IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and st written above. r L) BOARD OF COUISTY COMMISSIONERS est: KEVIN MAD ,CLERK OF MONROE C L RIDA By: By: As Denlitu Clerk Mays Date: yv z-v Date: 1-0 MONROE COUNTY ATTORNEY'S OFFICE ED�S T[7 M Z _ _ caa�ca P^TRICIA._-�_ ASrST TANT COUNTY ATTORNEY DATE: Packet Pg.851 C.17.b Witnesses for CONTRACTOR: CONTRACTOR: SIEMENS INDUSTRY,INC. Mathewson gym-0' 1 Daniel Signature of person authorized to ignature atherine Nierman legally hind Corporation Branch FBA Date: C- Dan Mathewson C.- Branch General Manager Date Print Name and Title Su mmerl i n Jr Olglt4ly signed by Summerlln Jr Howard Howard 2020.05.1916:39W-04'00' Address. Signature Telephone Number Date 0 CD CD CD LO Packet Pg.852 C.17.b A ' CERTIFICATE OF LIABILITY INSURANCE D0700�°"�"' C o 4- � 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 pollcy(Les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PROWLER MARSH USA,INCH PHA VAX 445 SOUTH STREETJ JAX.No MORRISTOWN,NJ 0796D-6454 E-MAIL ADDRESS: INSURE S AFFORDING COVERAGE NAIL0 CNi D2147003-RSS-19120 228 GRAM NOC60 INSURER A:HDI GloWl Insurance Conipwy 41343 INSURED SIEMENS INDUSTRY.DUSTRY,INC.I INSURER a:Travelers Property Caswifty Co.Of Amaka 125974 1000 DEERFIELD PARKWAY) INSURER C:The Travelers Indemnity Company 25558 BUFFALO GROVE,IL 60089•4513 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-Ml84004.22 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, E EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSURANCE POLICY NUMBER M EFF POLICY EXP LIMITS A X CQMMIERCIAL GENERAL LIABILnY OLD1110111 10/0112019 I DMI 2OY0 EACH OCCURRENCE S 1,ODO,000 ,000,00( O CLAIMS-M ADE �OCCUR PREMISES 1 a S 1000DL _ MED E7fP one Per�nl $ PERSONAL 3 ADV INJURY $ 1'ODO'OOI GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10'000'DOf 0) X POLICY❑ECT ❑LOC PRODUCTS-COMPIOPAGG $ INCL W OTHER: S CD TC2J:W-7440L34A-TIL-19 10I01f2019 ID1DIr2020 COMBIN SINGLE LIMIT S 20XI,= CV B AUTOMNIOBRE LlA6ILITY Ea acadwdCD x ANY AUTO BODILY INJURY(Per person) $ Nip CV X .OWNED SCHEDULED BODILY INJURY(Per acdOar><) S NU HIRED OS ONLY ANOfJ�WNED PROPERTYDAMAGE S NO) X AUTOS ONLY LO X AUTOS ONLY iPqr acdcIgnil S UMM ELLA LIAS OCCUR EACH OCCURRENCE 5 EXCESS LIA6 CLAIMS-MADE AGGREGATE _ DED RETENTION$ $ B WORKERS COMPENSATION LITE US 6049X508 79(AQ5) 1W01 x ar TF ER AND EMPLOYERS•LIABILrrY C ANYPROPRIETORIPARTNERIE)CECUTIVE VON NIA 'U&8049](51A-19{AI,MA,OR,Wl) 1010112019 1U101f2020 E.L.EACH ACCIDENT $ t'�'w B OFFICERIMEMBEREXCLUDED'1 ]LJ UB-7440L33819{ H&WA O 1410112019 10M171f2020 1,000,001 '® [Maaddm In NH] TW E.L.DISEASE.EA EMPLOYEE E Ifr des�rleeunder 5U0KLIASITlS500ItSIR^"" 7,ODQDD DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S C,J DESCRIPT1oN OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Addkional Remarks Schedule,may he wWwhed K more apace Is nquirsd) RE:JOB NO.NA.T, I For% Qrr Arrerucn 77 dY DA 7/21/2020 CERTIFICATE HOLDER VYM" � ELLATION MONROE COUNTY BOCCJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE INSURANCE COMPLIANCE! THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN PO BOX 10M-FX- ACCORDANCE WITH THE POLICY PROVISIONS. DULUTH,GA 30096 AUTHORLM REPRESENTATIVE of Marsh USA Inc. Manashi MUldhoee C 1OW2016 ACQRD CORPORATION. All rights reserved ACQRD 25(2016103) The ACQRD name and logo are registered marks of ACORD Packet Pg.853 C.17.b AGENCY CUSTOMER ID: CNI02147003 LOC tk Morristown ACCPREP ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSUREO MARSH USA,INC.' SIEMENS INDUSTRY,INCI I DDO DEERFIELD PARKWAY, POLICY NUMBER BUFFALO GROVE,IL 6WB"513 CARRIER IMC CODE EFFECTNE GATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance n RE:JOB NO.NA.: f MONROE COUNTY BOCC IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES.. P WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN 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 TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT.WHICHEVER IS IF Ii 0 tV tV tV LO U ACORD 101(2006/01) C 2008 ACORD CORPORATION. All rights reserve) The ACORD name and logo are registered marks of ACORD Packet Pg.854 C.17.b From: joesummerlin@sie►nens.com To: monreecountytl monroecountyfl*Ebix.com CC: Subject: RE: Monroe County Florida Certificate of Insurance Req Date: 7/8/2020 7:08:45 AM Attachments): Please see attached. With best regards, Joe Summedin Siemens Industry, Inc. Smart Infrastructure Regional Solutions&Service Americas 0 3021 N. Commerce Parkway Miramar, FL 33025, USA 954 914-1179 ) ioesummerlinasiemens.00m N LO N N From:Customer Service<monroecountyfI@ebix.com> Sent:Tuesday,July 7,2020 3:30 PM To:Sum merhn Jr,Joe(RC-US SI RAM Z4 MIA SM)<joesummerlin@siemens.com> Subject:Monroe County Florida Certificate of Insurance Req m The attached notice is being sent to you on behalf of Monroe County Florida by fbix RCS. Monroe County Florida has engaged with Ebix to manage insurance compliance verification on its behalf.You must be properly insured while doing business with Monroe County Florida and comply with insurance requirements. As of the date of this notice we have not received proper evidence of insurance coverage. Please review the attached notice as it includes the information needed for compliance and where to send your Certificate of Insurance. Packet Pg.855 C.17.b Vendor Instructions:The attached notice is being sent to you and your agent,if we have their email address on file. Agent Instructions: Please review the attached notice as it includes the information needed for compliance. Please send your Certificate of Insurance via email to monroecountyWebix.coom. if you have any questions,please contact Ebix by calling(951)925-1213; thank you for your prompt attention to this matter. EBTX Ebix,lnc. One Ebix way Johns Creek, GA 30097 Web- 0 CD cv CD cv CD cv LO Packet Pg.856 C.17.b FM3:cY t R: TC2J—GAP-7440L34A—T1L-19 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.6., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any"accident" or "loss", provided that the CONDITIONS Section: "accident" or 'loss" arises out of the operations 6. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent O cv LO cv cv CA T3 40 0216 0 2015 The Travelers Indemnity Company.All rights►eserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Packet Pg.857 C.17.b TRAVG LERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313(00)- POLICY NUMBER: (TC2JUB-8049x50--e-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to beneRt any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: O CD cv CD cv CD cv LO DESIGNATED ORGANIZATION: E ANy PERSON OR ORGANIZATION FOR WHOM A WAIVER 07 SUBROGATION IS REQUIRED BY CONTRACT OR AC+REMG:NT OR � PERMIT, BUT COVERAGE IS LIMITED TO THE SCOPE OF THE h® WORK PERFORMED BY THE INSURED UNDER SUCH CONTRACT, AGREEMENT OR PERMIT. E DATE OF ISSUE: 08-23-19 ST ASSIGN: Packet Pg.858 J�COURTQ �PC 00, Kevin Madok, CPA = . •.p Clerk of the Circuit Court&Comptroller—Monroe County, Florida o . ~ROE coYN . DATE: May 8, 2019 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc ck .C. SUBJECT: April 17'BOCC Meeting Enclosed are two duplicate originals of Item C10, 2nd Amendment to Agreement with W Siemens Industry, Inc. for"Fire Alarm System, Building Automation System, and Smoke Control System Testing, Certification, and Maintenance" for Corrections and oilier Facilities, exercising tie second renewal option, awarding a 1.996 CPI-U adjustment at a cost of$168,606.01, plus repairs, and adding new statutory language, for your liandling. Sliould you have any questions,please feel free to contact me at(305) 292-3550. Tliank m you. cV r. 0 cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg.859 { SECOND AMENDMENT TO AGREEMENT FOR TESTING,CERTIFICATION,AND MAINTENANCE MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM,APOGEE BUILDING AUTOMATION SYSTEM(HVAC),AND SMOKE CONTROL SYSTEM SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM(HVAC) KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM E MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND E BUILDING AUTOMATION SYSTEM MONROE COUNTY(MARATHON) GOVERNMENT CENTER: BUILDING AUTOMATION SYSTEM MONROE COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION m SYSTEM U) This Second Amendment to Agreement is made and entered into this 17th day of April, 2019, between MONROE COUNTY, FLORIDA ("COUNTY" or "OWNER"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SIEMENS INDUSTRY, INC. ("CONTRACTOR") a Delaware corporation, authorized to do business in the State of Florida as a Foreign Profit Corporation,whose principal address is 100 Technology Drive, Alpharetta, Georgia 30005,and whose mailing address for the purposes of this Agreement is 3021 N. Commerce Parkway, Miramar,Florida 33025,and whose mailing address for payment is 1000 Deerfield Parkway,Buffalo Grove,Illinois 60089-4513. WHEREAS,the parties hereto did on April 20,2016,enter into a testing,certification,and maintenance agreement(hereinafter"Original Agreement");and WHEREAS, the parties hereto did on May 16, 2018, to enter into a First Amendment to E extend the term of the Original Agreement for the first one (1) year renewal period, award an annual CPI adjustment, and amend its Agreement as to the Public Records compliance, Non- Discrimination compliance,and Federal Required Contract Provisions;and WHEREAS, County desires to extend the term of the Original Agreement for the second renewal period;and WHEREAS, the Contractor is entitled to an annual CPI adjustment as allowed under the Original Agreement;and t Packet Pg.860 C.17.c WHEREAS, County desires to revise language in its contracts and/or agreements to include additional provisions in its Termination paragraph to add required statutory language with regard to Scrutinized Companies;and WHEREAS,both parties find that it would be mutually beneficial to enter into this Second Amendment to extend the tern of the Original Agreement for the second, one (1) year renewal period,award the annual CPI adjustment,and amend its Agreement as to Scrutinized Companies provision; NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below,the parties agree as follows: 1. In accordance with Paragraph 5,TERM OF AGREEMENT, the County exercises the second of three(3)one-year options to renew the Original Agreement.The term of this Second E Amendment will commence on April 20, 2019, and terminate April 19, 2020; and the Contract amount shall be adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer Price Index(CPI-U)for all Urban Consumers as reported by the U.S.Bureau of Labor Statistics at December 31 of the previous year of 1.9%. 2. Paragraph 4 of the Original Agreement,PAYMENTS TO CONTRACTOR, Subpart D,shall be revised as follows: 2 D. COUNTY shall pay to the CONTRACTOR for the performance of all services except those identified herein as "Corrective Maintenance and Component Replacement" cv ("Additional Services") on a per quarterly, in arrears basis on or before the I st day of the following month in three(3) month periods.The CONTRACTOR shall invoice the COUNTY quarterly for the maintenance and testing performed under the Contract Documents contained herein. The Contract amount, effective April 20, 2019, is as follows: E Monroe County Detention Center $80,596.59 per year Sheriffs Administration Building $22,153.21 per year Key West Courthouse Annex $ 6,923.86 per year a Monroe County Juvenile Justice Building $35,168.60 per year Monroe County Government Center $15,096.19 per year Crawl Key Medical Examiner's Office $ 8,667.56 per year TOTAL $ 168,606.01 Annual 3. Paragraph 19, TERMINATION, of the Original Agreement, and as amended on May 16,2018, is hereby amended to include the following additional paragraph as Paragraph 19. E.,Scrutinized Companies,if applicable: 19. TERMINATION E. Scrutinized Companies: For Contracts of any amount,if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5),Florida Statutes or has been placed on the Scrutinized 2 Packet Pg.861 Companies that Boycott Israel List,or is engaged in a boycott of Israel,the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes,or(2)maintaining the Agreement if the conditions Of Section 287.135(4),Florida Statutes, are met. In all other respects, the remaining terms of the Original Agreement dated April 20,2016, as amended,not inconsistent herewith,shall remain in full force and effect. IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and �3 rst written above. 0 r fn BOARD OF COUNTY COMMISSIONERS E EVIN MADOK, CLERK OF MON CO Y,FLORIDA m roe,COVNt• By: Deputy Clerk Wayor Date: t�I �"' t Date: �7/u-C� !7 z° `j �a -, ,, V r 3 �- 1-1 nM CO- Witnesses for CONTRACTOR: CONTRACTOR: �. SIEMEN U Y, INC. ..J. d - Signature of person authorized to /Signat a Katherine Nierman legally bind Corporation Branch FBA Date: Dan Mathewson Branch General Manager Date Print Name and Title Siemens Industry, Inc. C-vW- CLU-5t AJL- Address: 3021 N Commerce Parkway Si''naiure Miramar, FL 33025 I 954-364-6600 Telephone Number Date MON OE COUNTY ATTORNEYS OFFICE A OVER AS T 3 F A �/P . PATRICIA EABLES' ASSISTAN_COUWY ARORNEY DATE: 'i—Z.?" ( Packet Pg.862 , f �-® - DATE(MMIUfJ%YYYY) �-` CERTIFICATE OF LIABILITY INSURANCE ?� 05102I2019 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the`certificate Holder is an ADDITIONAL INSURED the=policy(ios)must have ADDITIONAL INSURED provisions of be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the polky,,certain policies may require an endorsement. A statement on this ceritiflcate does not confer rights to the certificate holder..in lieu of such,aridorseinent(` PRODUCER - _. -._ - - I CONTACT . M MARSH USA INC NAM arsh USA Inc, 446 SOUTH STREET PHONxI) (973)401 5000 (aC Nc MO.RRISTOWN,NJ 07960-6454 E-MAILADVR9 s t __.. ;INSURER S AFFORDINGCOVERAGE NAICtF 100129-SBT-16119 228 GRAM NOC60 INsuRER A:HDI Global Insurance C6m an _- 4.1343.. f-- - _ 25674_...._ INSURED INSURER a Casualty,Co•ofAmedca.. .. SIEMENS INDUSTRY,INC. --P_.lrt.; , 1000 DEERFIELD PARKWAY INSURERc.:The Travelers Indemnily.Company _ _ _ .25656 __- BUFFALO GROVE,IL 60089-4513 INSURER.D _ Qcy j INSURER E ..... ._ , C INSURER F: COVERAGES CERTIFICATE NUMBER: NYG009184004-15_ REVISION NUMBER: THIS ISITO 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 I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS: =LMR 7R I TYPE OF INSURANCE ADD L S�BR - - -POLICY EFF' POLICY EXP - : POLICYNUMBER MMIDD I MOD YYY F _. .-LIMITSLL A' X COMMERCIAL GENERAL LIABILITY X GLD11101-10 10/0172018' 10/01l2019 E OCCURRENCE 1, N i �• rr EACH OCCUR ENG _..._ ..�,$ . _ 1,000,000 CLAIMS-MADE X OCCURI7gTti,AG�1',Z)KEi`rjE I ;�. EMISES�(En enee-.__ S ___. A000,000 ! • _ MED EXP(Anyone person)..._._ 000 PERSONAL SADV INJURY _ $__ - 1,000000 G£N'L,AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000000' X POLICY El'PRJECTE' G_"LOC PRODUCTS-COMPIOPAG S_ INCL r I ._._ . .... , h B AUTOMOeaELIAmuriY' X TC2J-CAP7440L34A-18 10/0112018 10/0112019 COhiBINEDSINGLEiiMrT $ 2,000,000, r X ANY AUTO _ BODILY INJURY(Per person) .S NIA CD X 'OWNED SCHEDULED \ APQ $Y A)S BODILY INJURY(Per accident) S NIA AUTOS ONLY AUTOS T, _ , X HIRED X NON-OWNED 1MOPERTYTAA AGE $ - NIA W AUTOS ONLY __ AUTOS ONLY BY (� Por ku,ldent).._ _ -- --- S UMBRELLA LIAB OCCUR X `(EACH OCCURRENCE .$_ r---.....__..... EXCESS LIAB .. CLAIMS-MADE WAIVER - y� C. ��AGGREGATE S ' I( $ - , DED _. .RETENTIONS B WORKERS OR ERSCOMPENSATION TC2J•UB'8049X508=18(ADS) 1 / 1 10012019 X"'PER J ' '.OTH= ' C MPLOYERS'LIABILITY YIN ,STATUTE C iER _ U ' ANYPROPRIETORlPARTNERlEXECUTIVE TRK.UB-8049X51A-18(AZ,MA,OR,WI) 10/0112018 10/0112019 B OFFICER)MEMBEREXCLUDED7 1 A• NIA E,L.EACH ACCIDENT � �$ 1,000,000 � �. (Mandatory in NH) TWXJ-UB-7440L338.18(OH&WA) 10/0112018 10/0112019 E,L.DISEASE-EA EMPLOYEE'$ 1,000,000 y If yes,,describe under ',:,:,,,, _ ---,-.----_ _ __.�:. •• , $500KLIMIT/5500KSIR 1,000,000 DESCRIPTION OF OPERATIONS below - E,L DISEASE-POLICY LIMIT S' U :"DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Addtiohal Remarks Schedule,maybe attached if more spaco ieroquired) ( MONROE COUNTY BOCC 1100 SIMONTON STREET KEY WEST,FL 33040 IS INCLUDED AS ADDITIONAL INSURED UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES,BUT ONLY WITH RESPECT TO ALL WORK PERFORMED BY AND ON BEHALF OF THE NAMED INSURED,SIEMENS INDUSTRY,INC.FOR CERTIFICATE HOLDER UNDER :CONTRACT. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TC 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT,WHICHEVER IS LESS, CERTIFICATE.HOLQEE2: . CANCELLATION MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I KEY EST,FL STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. i ' AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukhedee -IV LM%AA e s,.z ©1988 2011i ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg.863 r JS GO `l�Y C Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe County, Florida �Il ROE C01N� DATE: May 22, 2018 TO: Alice Steryou, Contract Monitor Facilities FROM: Sally M. Abrams, D.C. SUBJECT: May 161", BOCC Meeting Approved Agenda Item 0 Attached is an electronic copy of the executed agenda item listed below for your handling. - C3 Board granted approval and authorized execution of a First Amendment to m Agreement for "Fire Alarm System, Building Automation System and Smoke Control System Testing, Certification and Maintenance" for Corrections and Facilities with Siemens Industry, Inc., retroactive to a commencement date of April20, 2018, for a c` one year renewal, a 2.1% CPI-U adjustment at a cost of$165,462.24, plus repairs not to exceed $60,000.00, and updated other contract provisions pursuant to County Ordinances and Florida Statutes. Please contact me at extension 3550 with any questions. c� cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH Bl ING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point nuau Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 ida 305-294-4641 305-289-6027 305-852-7145 Packet Pg.864 C.17.d FIRST AMENDMENT TO AGREEMENT FOR TESTING, CERTIFICATION, AND MAINTENANCE MONROE COUNTY DETENTION CENTER: 1'IRla.. ALARM SYSTEM, APOGE F BUILDING AUTOMATION SYSTEM (I1VAC), AND SMOKE CONTROL SYSTEM SHERIFF'S ADMINISTRATION BUILDING: I^IIr.E ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM (1I VAC) KEY WEST COURT HOUSE ANNEX. FIRE ALARM M SYSTEM l'ONI>IOE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILD]NG AUTOMATION SYSTEM � 1L'ONRO E COUNTY (MARATHON) GOVERNMENT CENTER: Bt ILDINC AUTOMA'TION SYSTEM Ch Ck ONl7OE COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION � SYSTEM U '['his ['irst Amendment to Agreement is made and entered into (his I h day ctl' 2018, between MO NtRC.. E COUNTY, I-A.-ORIDA ("COI.JN`l Y" or . ,COWER"), a political CD subdivision of'the State of`I''lorida, whose address is 1100 Simonton Street. Key West, Florida `= 040, and Siemens Industry, Inc. ("CONTRACTOR") a Delaware corporation, authorized to do business in the State of Florida as a Foreign Profit Corporation, whose principal address is 100 Technology Drive. Alpharetta, Georgitr 30005, and v hose retailing address for the IartrTtrses of � this Agreement is 021 N. Corrtrtterce Parkway, Miramar_ Florida 33025, and whose mallin(I address f'or payment is 1000 Deerfield Parkway, BUI'f alo Grove. Illinois 60089-451'3. � WHEREAS, the parties hereto did on April 20. 2016, aster into a testimg. certifications and rttaintenanc:e agreement. (hereinafter"Original Agreement"); and WHEREAS. both parties find that it would be mutually beneficial to enter- into this First Amendment to extend the terns of the Original Agreement for the first one (1) year renewal period; and WHEREAS, the Contractor is entitled to an annual CPI adlustrnent as allowed tinder-the Aoreernent, and WHEREAS, the System at the Sheriff's Administration Building has been updated and the contract necds to reflect that the EST I` systems has been replaced with a Stemens sr stems; and WHEREAS, the C'orrnty desires to revise the IanQrrage curl authorized expenses to reflect current revisions pursuant to its ordimrnces: and I Packet Pg.865 C.17.d W111-0aREAS, t"ountv desires to revise language in its contracts and/or afire iiients lair. Public Records compliance in accordance with Chapter H 9 of' the I loridaa Statutes pa rFsuarat to legislative revisions to Sec. 119.0701, Nvhich becsarrac el"Iectiv° March 8. 2016. and any subsequent changes thereto; an(,] WHEREAS, County' desires to revise the non-discrimination lan+otiagc in its contracts and"or a0 reement to update current revisions parrs ant to its ordinances: and Arll E ll.AS, (°craar7t ' desires to add required Federal Contract Provisions to its contracts and/or-aaoreement: and WHEREAS, Contractor agrecs and consents to such revisions ill its Agreement to ensure Public Records compliance, Non�Discrininiation compliance, and compliance with Federal � Required Contract Provisions reyuirenients: and -� WHEREAS,AS, the parties find it Mutually beneficial to amend its Agreement as to the Public records compliance, Non-Discrimination compliance. and Federal Required Contract Provisions.. an(] all other aforementioned revisions-, and Ch NOW, THEREFORE, IN CONSIDERATION cal`tlae n7aa uaal promises and covenants � set Forth below. the parties agree as follows: m I. In accordance with Paragraph 5, •1 J`R. 01' AGRI;1 C`"INT, the County exercises the first of three (3) one-year options to renew the Ork,Inal ,Agreement. '}lie terns of`this First Aniendment will commence orgy Alaril 20, 2018, and terminate April 19, 2019_ and the amount. shall be adjusted in accordance annually with the percentage change in the U.S. 13epartment of Commerce Consumer Price Index (CPI-I 1) for all I1rbaaii Consumers as reported by the t J.S. W Bureau of Labor Statistics at December-31 ciftfie previous year o1-2,1';��, � ?. Paragraph 3, Sill (.' R'Fll°1('A"ll()N, AND MAINT NANCP. Subpart [). shall be revised onlN as follmvs vvitb all other provisions of Subpart D remaining the same: 3. JESTING, c1SPECIFICATIONS �I " CTCv )MAINTENANCE NCIs 1).. LOCATION: Sherifrs Administration n Building 525 College Road Stack Island, Key West, 111.E 33040 SYSTEM: F irc Alarm System - Siemens 7. l aragral.ila 3, ` }'I.t"11 1C. I I(l srS-C"I S'1 lI� G. C'}:1� []F1C A l N. ��N AINTFINANCI , Subpart S. IIC)CJRLY LA1`30R AND MARKUP ltATF,', shall be revised as 1"ollovvs: S. 110URLY LA130R RANI) MARKU1) RATE 11;aacla bid shall also contain an hourly labor rate for upgrades, repair or replacement work not within the scope ol`raaaintenance and testing and as markup rate for materialsand equipment 2 Packet Pg.866 C.17.d furnished. l''vpenses for travel_ lodging, per diem, and rather authorized expenses shall be paid pursuant to Monroe County Cade of` Ordinances Sec.. 2-106 et serf. and Florida Statutes Sec. 11'1061. All repair work necessary requiring reimbursement fc-)r funding by the OWNER will require prior- approval by the OWNER unless it. Is deemed an emergency and the OWNER's representative cannot he contacted. In Such case. dOCUrrrentation will he required certifying raterigency recltrirement immediately after-the fact. 4. Paragraph 4. subparagraphs C and 1). of` the Original Agreement are, therefore, aarnendcd to read as follows: 4. PAYMENTS TO CONTRACTOR C. Expenses for travel. lodging, per diem. and rather authorized expenses shall be paid pursuant to Monroe (.chanty Code cal'C)rdintances Sec. 2-106 et sect, and Florida Statute Sec. � 1 12.061. All travel expenses shall be reported can a State of Florida Voucher fear Reimbursement cal`Travel Expenses, as adapted by Monroe County, attached hereto as Exhibit "A" and rttade a part of this Agreement. c D. COUN"F``a' shall pay" to the CONTRACTOR for the perf ar nance of" all E services except those identified herein as "Corrective Maintenance and Component U) Replacement" ("Additional Services") on a per quarterly. in arrears basis on or bef'trr-e the l st day of' the f'ollow1m,9 rraonth in three () month periods. he CONTRACTOR shall invoice the C'OUN"I``r' quarterly for the maintenance and testing performed tinder the Contract Documents contained herein. The Contract amount effective April 20, 201 , W is as fcallo\vs: Monroe County Detention Center $79.,093.8 1 per year Shrril'I's Administration 13trildinsg S21.740.15 per year Key West Cratartltcatase annex $ 6-794.76 per year — Monroe County Juvenile Justice BuIldliv, `IS34,512. 6 per year � Monroe County Government Center $1, ,81 .71 per year Crawl Key Medical Examiner's,Office S &505.95 per year TOTAL S 165,462.24 Annual 5. Paraa4gr.aaph 8. plJ13I.1C ACC FSS, of the t lriwoinal Agreement shall be revised as fcallovvs: 8.. PUBLIC" RECORDS (.70 cIPLI:ANCE Contractor nrtast coraaply with I'loridaa pUblic records laves, including but nett limited to C°hapter 119. Florida Statutes and Section 2 of article I of the C'onStittrtion of` Florida. The County an(] Contractor shall allow ain(] permit rcaasonable access to, and inspection of` all documents, records, papers, letters or rather "public rccorcl raaaterials in its possession or tinder 3 Packet Pg.867 its control subJect to the provisions of Chapter 119. Florida Statutes, and made or received by the C€aunty! and Contractor in conjuncticara with this contract and related to contract performance. The Count) shall have tlae 6(1111. to unilaterally cancel this contract upon violation €il' this provision by the Contractor, Failure of` the Contractor to abide by the terms cif, this provision shall he deemed a material breach €afthis contract and the C:'€;rung may enforce the terms of'this provision in the form cal' a ccaurt proceeding and shall. as a prevailing party. be entitled to reimbursement of. all att€arney's fees and costs associated vv=ith that proceeding. This pr€?visi€an shall survive any termination or expirati€an €afthe cont-act. T'he Contractor is c rrc€ urtt ed to consult vv ith its advisors, about Florida Public Records I...,avv in order to comply with this provision. Pursuant to Fla. Stat. Section 1 19.070I and the terms and conditions, of this contract, the � Contractor is required to: [I) keep an(] maintain public records that would he required by the County to perl'orn the service. 0 (2) Upon receipt from tlae C.01,111ty5s oust€adian €af.'rec€ards, provide the County with a copy of the requested records or allow the records to be inspected or copied within a � reasonable time at a cast that does not exceed the cost provided in this chapter or as .2 otherwise provided by lavv. (3) FInsure that public records that are exempt or confidential and exempt fi-0111 public c` records disclosure requirements are not disclosed except as authorized by lave for the duration cal`the contract term. and following completion of the contract if'the contractor dues not transfer the records to the County. � (` ) Upon completion of the contract transfer. at no cast, to the County all public a) records in possession of the. Contractor or keep and maintain pUblic records that would be required by the County to perform the service. If the Contractor transfers all public e records to the C"€runty upon c€vraapleti€vn cif`the contract, the Contractor- steal l destroy any duplicate public records that are exempt or confidential and exempt From public records disclosure requirements. If the; Contractor keeps and maintains public records upon � completion of` the contract. the ("ontrtactor shall meet all applicable regUirements for retaining public records. All records stored electr€anicalll- must be provided to the County, Upon request from the C€unty's custodian of records, in a format that is compatible with the iraf€'rrmati€'rn technology systems of the C`c>trrtty. (5 A request to inspect or copy public records relating to to C OUntv contract must be n-rade directly, to the County. but if the County does not possess the requested records. the County shall immediately n€rtil'v the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time, :t Packet Pg.868 C.17.d Ifthe Contractor does not cornply With tfae C'caa:rlaty'S a'eytaest for records, the County shall ent'orce tlae public records contract, provisions in accordance N ith the contract,, racatwithstaandiat the Countyf's 0l)ti011 arad r1011t Io Lill i lateral I v cancel this contract repeall. violation of this provision by the: Contractor. A Contractor who fails to provide the public records to the Counto cat. l,carstaant to a valid public records recicrest within as reasonable time may he sub.icct to pcnaltieS tender Section 1 19� 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or othei-wise provided in this provision or as otherwise l:aro ided by law. IF THE CONTRACTOR HAS UEs-r1ONS REGARDING THE APPLICATION � OF CHAPTER 119, FLORIDA ORIDA STATUTES,TES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC" RECORDS REU,ATING TO THIS CONTRAICT C ONTAC"T THE CUSTODIAN OF PUBLIC: RECORDS,ORDS 131ZIAN BRAI)LEY AT PHONE 305-2 2-347 1 B ADLEY-BRIANt�r M0NROEC 0UN'rY-FL.GOV [IIUNRC)1 COUNTY ATI'[)12NI:Y S C)I I1C`li 1111 12r`rr Street SUFFE, 408 I�1-'�` c WEST FL 33040. (. I'araoraph 12, NONDISCRIMINATION.ION. caf` the Ori�inaal Agreement is hereby amended to iraclalde the Belles,,viral; federal Required Contract Provisions. if aal pliccable: 12. NON DISCMRIMINATION/ UAll, EMPLOYMENT OPPORTUNITY E --------- - - - - -A. CONTRACTOR aaracl (-OUI1sTY agree that there will be no discrimination m against any, person, and it is expressly understood that tepees a determination 12 by a court cat C0111petent jurisdiction that discrimination has cacca.trred, this A�areernent aaatomaticaallr terminates W ithcaut aray further action cal'the part cat^ any party, effective the date of the court order. CONTRACTOR car C OL"IN"TY � aorees to comply with all Federal and I lorida statutes. and all local ordinances. as applicable. relating to nondiscrimination. "]'his iraclt.rcfe bUt are not limited to: 1) Title Vil ofthe Civil Rights Act of 1964 (PL, 88-3 2) \0ich prohibits discrimination on the basis of race, color or national origins; 2) Title IX of' the Education Arriendraaent of 1972, as amended (20 US(" ss. l(its l- 16 3, and 16 5-1t`86). which prohibits discrimination on the basis of sex, 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USCy s. 794)_ which prohibits disc.r•iraaination on the basis of handicaps; 4) 'file Age Discrimination Act of 1975, as amended (42 USC ss. C 101-6107) rvlaich prohibits cliscrinlination on the basis (Wage: 5) The DrUg Abuse Office and Treatment Act of 1972 (PL 92- 55), as amended. relating to 11011discriaaaination oil tlae basis ofdrug abuse: 6) The Cryoraaprehensive Alcohol Packet Pg.869 C.17.d Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 ab I6). as amended. relating to nondiscrimination on the basis oi'alcohol abuse or alcoholism, 7) The public I lealth Service Act of 1912, ss. 523 and 527 (42 USC' ss. 90dd-3 and 290eca39, as amr:necd., relating to confidentiality of alcohol and drup abuse patient records; ) +I itle Vill of'Civ it RI-lats Act of. 1968 (42 t°SC° s. et sect.), as amended. relating to nondiscrimination in the sale, rental or financing cal laotrsin ; 9) The Americans with Disabilities Act of 1990 (aft f)SC' s. 1201 islote), as may be amended from time to time, relating to nondiscrimination of the: basis of disability. 10) Monroe County Code Chapter 14, Article. 11, which prohibits discrimination on the basis of race. color, sera_ religion, national origin. ancestry.. sexual orientation, �oender a � identity or expression. familial staters or ale. I I j Any other nondiscrimination provisions in any Federal or state statutes which maay apply to the parties to, or � the subject matter of. this Agreement. During, the performance of this Agreement, the CONTRACTOR. in accordance with Eq uol :rarlalr�t°m enl Cllalxortarrair,v (30 Fed. Reg. 12319. 12933, 3 C.li.R_ fart. 1�64-1965 Comp., p, 33 )as amended by Executive Order 1 1375, Arr ene.lrna> 1'.va3c°rrtra c.° 0r`cicr' 1124 6 Relratrraa,, to Equol 1M`inj)lovrr ent (,t:Imi,ft nisi, and implementing reg"talations at 41 C.F.R. Part 60 (Of ce of Federal Contract Compliance Programs, Lqual I?mploymentCo `✓ 011I)crl-turaity. Department of Labor), see 2 C.F.R. ['art 200. Appendix I1. C. agrees as cv follows. I) The CONTRACTOR will not discriminate against any employee or applicant W for employment because oi' race, color, relio,�'ion, scy, sexual orientation, ;gender identity. or national origin. The CC)1k'TRAC'TOR will take aaf`firnaative action to ensure that applicants are employed, and that employ c.c.s are treated equally during employment. N.vithout regard to their race, color. religion. sex, sexuaaf orientation. gender identity, or national origin. Such action shall include, but not be limited to the folloN ing: I:mploynaent, upgrading, demotion,. or transfer, recruitrarent orx recruitment advertising-, layoff oi- � termination. rates of pay or other forms of` compensation; and selection for training. including apprenticeship. The CONTRACTOR aaW. rees to past in conspicuous places, available to employees and alaaplicants for employment. notices to be provides[ by the contracting officer setting forth the provisions of. this nondiscrimination claausc. 2) The CONTRACTOR N i11, in all solicitations or advertisements lire erlaployees placed by or on behalf' of the C'ON'T RAC IT R. state that all qualified alaplicants "i11 receive considerationfor eraaploya-rent without regard to rages, color, religion, sex, sexual orientation. gender identiIN, or national or spin. 3) The CONTRACTOR OR will not discharge or in any other manner discriminate against aanv cml-,)Io\c;e or applicant for cmploti meat because such employee or applicant has inquired aabout, discussed. or disclosed the compensation ol'the 6 Packet Pg.870 C.17.d employee or applicant or another-employee or applicant. This provision shall not apply to instances in which an employee, who has access to tlae compensation information of other employees or applicants as a part of sLrch employyce's essential .job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosrare is in response to a formal complaint or charge, in furtherance of` all investigation, proceeding , hearing, or action. including ;.an Investigyation conducted by the: employer, or is consistent with the CONTRACTOR'S le4gal duty to furnish informat on, =I1 The CONTRACTOR ACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or ether- contract or understanding. a notice to be provided by the agency contracting officer. the labor union or workers' representative of the CONTRAC:TOR'S � commitments under section 202 of Executive Order 11246 of September 24. 1965, and shall post copies of` the notice in conspicuous places available to employees and appl icants for employment. 5) The C ON fRAUl OR "ill comply with all provisions of` Executive Order 11246 of September- 24, 1965, and of the roles, regulations. and relevant orders of the Secretary of Labor. m 6) The CONTRACTOR will furnish all information and reports reclarired byCo Executive Order 11246 of September 24, 1965� and by the rules, regulations. T' and orders of` the Secretary of Labor. or pLrrsuant thereto. and will permit access to his books, records, and accounts by tlae contracting agency and the W Secretary of* labor liar purposes of`investigation to ascertain compliance mth suc:Ia I-Liles, regulations, and Larders, 71 In the event of the CONTRACTOR'S non-compliance \kiIh tlae � nondiscrimination claLrses of- this contract Or With any, of` sLrch rules. re(Yulations, or orders, this contract may be canceled, terminated, oa-suspended in whole or in part and the CONTRACTOR may be declared ineligible Isar' further Government contracts in accordance with procedures authorized in � Executive Order- 11246 of'September 24. 1965, and sucta other sanctions ra-rav be imposed and remedies invoked as provided in Execartive Order- 112,46 of September 24, 1965. or by r°arle. r-e(ILalation, or order of-the Secretary of[.abor, or as other\vise provided by lay. 7. Paragraph 19, '1`1.RMIN!`.'I lON.. of the Original Agreement is hereby an'aended to include the following Federal Required Contract Provisions, if applicable: 19. TERIMIN'A'1'ION 7 Packet Pg.871 C.17.d A. In the event that the CONTRACTOR shall be found to be neolig�ent in any aspect of. service. the ("OUNTY shall have the right to terminate this Agreement after fire (5) days' written notification to the CONTRAC'."I`M K Either of the parties hereto may cancel this Agreement without cause b� �,Ivin(,,, the other party sixty(60) days' written notice ofits intention to do so. C. Termination fOr Cause and Remedies: In the event of breach ofany contract terms. the COUNTY retains the right to terminate this Agreement. The C'C}IjN'I"Y may also terminate this Agreement for cause with CONTRACTOR should CON"TRAC"YOR fail to perform the covenants herein contained at the time and in the manner- herein provided.. In the eretlt of such termination, prior to termination, the COUNTY shall provide CON`IT~;AC"I'OR with fire (5) calendar days` notice and provide the � CONTRACTOR xrith an opportunity to care the breach that has occurred. If the breach is not cured, the Aoreement will be terminated for cause. It' the COUNTY � terminates this Agorcernent with the CONTRACTOR. C'()UNTY shall pay COIN l ItAC""I OR the sum clue the CONTRACTOR under- this AI7rccm cnt prior to termination, unless the east of completion to the COUNTY exceeds the funds remainim- in the contract: however-. the COUNTY reserves the right to assert and seek an offset f'or damaC-yes caused br the breach. The maxinru111 amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. .2 In addition, the COUNTY reserves all rights available to recoup monies paid under CO this Agreement, irlc:luding the right ttr sue for breach of contract and including the T' ` cv right to pursue a claim for violationcsi tlte. C ounty's False Claims Ordinance, located at Section 2-72 I et al. of the Monroe Cotntty, Code. W D. Termination for Convenience: the COUNTY`r mar terminate this Agreernent for convenience, at and° time, upon sixth (Cats) days' notice to CONTRACTOR.RAC"TOR. If the COUNTY terminates this Ao, reenient with the CONTRACTOR, C 01,JN"TY shall par � CON"I ,AUTO. the sum date the CONTRACTOR under this; Agreement prior to termination, unless the cost of completion to the C OUN'l-.Y exceeds the funds remaining in the contract. The rnaximum amount due t« ('ON` RAC°YOR shall not - exceed the spendinWo cap in this Agreement. In addition, the COUNTY reserves all � rights available to recoup 111011ies paid under this Agreement, irtcltding the rig ht to sue Im- breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2-72 l et al, of the. Monroe County Code. 8. The Original " �reement is hereby amencled to include the following identified as Paragraph 40. I"I";I LAAI.., CONTRACT I. liECslllll4"M Ill.N S. to include the following 1=edenil Required Contract Provisions, il'applicable: 40. I't:1)E' AL ('ON TRACT Ri?t?UlRE l't1E'NT Packet Pg.872 C.17.d The CONTRACTOR and its sub-contractors must Iollow the provisions as set forth in 7 C'ER. §3C)03"26 Contract provisions and Appendix 11 to Part 200, as amended.. including but not limited to: 40.1 Clean Air Act an([ the Federal Water Pollution Control Act. CONTRACTOR aagrees to comply with all applicable standards. orders, or regulations issued pursrrarat to the Clean ,Air .Act (42 U.S.C. 7401-7671q) and the federal Water P0111.1tiOn Control ,fact. as amended (33 U.S.C. 1251-1387) and will report violations to Fl1It4:A and the Regioaaal Office of the L'Invironmentaal Protection Agency (FIIA). 40.2 Davis_-Bacon Act. as amended (40 U.S.C.,S_C� 141 31 ). When recluircd by Federal program legislation_, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal � Homeland Security Grant Program. Port Security Grant 11rograna and Transit Security E Grant Program, all prince construction contracts in excess of $2,000 awarded by non- Federal entities must corm lyF with the Davis-Beacon Act (40 IJ.S.C. 3 14 13 144 and 3146- 3148) as supplemented by Dep ar'tr lent cal' Labor reo Ulations (`9 C FR Part 5, -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with tlae statute, CONTRACTORS raaust be required to pay 2 wages to laborers and mechanics at a rate rant less than the prevailing wages spcciliecd in as waoc determination made by the Secretary of Labor. In addition, CONTRACTORS ORS must T' be required to pay vva{yes not less than once a week. If applicable, the COUNTY raaust place a copy of the current prevailing wage determination issued by tile: Department cif' W Labor in each solicitation. The decision to av\ard a contract or subcontract must be conditioned upon the acceptance of the wage determination. The C:Cy(;NTY Must report. all suspected or reported violations to the Fcderal awarding a0 ency. When required by � Federal program legislation. which includes emergency Management Preparedness Grant Program. Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Seeurity Grant Proo rare, 'cart Securivy Grant Program and Transit Security U- Grant Program (it does not apply to other l:lIMA gram and cooperative agreement � prM-Yranas, incltrdirag; tlae Public .Assistance Program).. the CONTRACTORS must also comply with the Copeland "Ante-Kickback- Act (40 U.S.0 3145), as supplemented by Department of Labor regulations (9 C"FR Part 3, "Contractors and Subcontractors can Public Building or Public Work Financed in Whole or In Part by Loans. or Grants from the United States"). As required by the :Act, each CONTRACTOR OR or subr-ccipient is prohibited from inducing, by any paeans, any person employed in the construction, completion, Or repair of public work. to give up any part ol'the compensation to which lie or she is otherwise: entitled. The COUNTY must report all suspected or reported violations to the 1'ederal aawaardim, agency. The CONTRACTOR shall comply` Nvith 1 U.S.C. ;; 874. 4o U. S,C. § 3145, and tlae requirements o1` 29 C.F.R. pt. 3 as may he applicable. which are incorporated by reference into this contract. 9 Packet Pg.873 i) Subcontracts. The Ct)NTRA+CY BIZ. or subcontractor shall insert in an subcontracts tiie clause above rind such either- clauses as the 1 ELMA walay by appropriate irastructiOns rccltiirc, rntl also a clause requiring the subcontractors to include these clauses in any lower tier Subcontracts. The prime CONTRACTOR C"1 OR shall be responsible fc r the compliance by and., Subcontractor or lower- tier Subcontractor- with all of these contract clauses. ii) Breach. A breach cif the contract clauses above may be grounds for termination of the contract. rand for debarment as a contractor and subcontractor as provided in 29 C.[`.R. § 5.1?. 40.3 Contract Work Hours and Safety Star�t�iid§ ���t ��("1 [?`? , Wc1.701-37 ). Where applicable. which includes all FUNA ?rant and cooperative agreement programs, all contracts axvarded by the C O JNTY in excess til`'100.000 that involve the e nployrnent � of mechanics or laborers must comply .vith 40 U S,C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C FR fart 5)• Under 40 U.S.C". 3702 of'the Act, each CONTRAC-FOR must ctiriifalrte the wa0 es of` every mechanic and laborer- earl the. basis of a standard work week of Forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate cif pay for all hours worked in excess cal`forty (40) lic:atrrs in m the work week. `1"lie requirements of 40 U.S.C. 3704 are applicable to construction workCO '✓ and provide that no laborer or mechanic must be reClUired to work in surroundings or- CD C' under working conditions which are unsanitary,. hazardous, car dangerous. llaese CN requirements do not apply to the purchases Of`SUpplies or materials Or articles ordinarily W available on the open market, or contracts for transportation or transmission cif' � intelligence. 40.4 Ri0its to Inventions Nlade Under r <a Contract or Aiyrecrnent. 11'the. Federal award tarcets the definition cal""funding agreement'" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small businesS firma or nonprofit oroanization regarding tile substitution cif' parties, assidorinient or performance of � experimental, developmental, or research work Under that "funding a0 reenient," the recipient or subreciplent must comply with the requirements of"37 C FR Part 401 "Rights to Inventions Made by Nonlarofit Organizations and Small Business firms Under Government ernment Grants, Contracts and Cooper<ad e Agree nienis," and any implementing regulations issued by the xaw<ardinO agency. 40.5 Cleary Air ?act (42 UJ SAC;. 7401-7671cl.). Water Pollution Control Act (33 U.S.C. 1251 3 7) as amended. Contracts and subgraaits elf amounts in excess of$150,[)00 must comply with all applicable standards. carders, or regulations issued pursuant to the Clean Air Act (42 U S.C.. 7401-767lcl) and the F'cderal Water Pollution Control Act as amended (33 IJ.S.C. 1 51-13 7). Violations must be reported to the federal awarding agency and the Rew(7jonal Office of the Environmental Protection Agency (F.1'A). 10 Packet Pg.874 40.6 Debarment and SLISOcnsion (k sccutive Carders ,12549 �a��rci._12689). :A conlr�ict. award (see ? CT'R 1 80 220) must not be made to parties I isted on the woov ernntent wide exclusions in the System for Award Management (SAN/11), in accordance with (lie ( V113 guidelines at ? CFR 180 that implement Executive Orders 12549 () C FR part 1986 Comp, p. 189) and 12689 () (TR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies. as well as parties declared ineligible grader statutory or rcoula:atory authority other than Executive. Order 1 25493 40.7 Byrd nti- .obby,ing Amendment Q 1 U, S.C. 1352 . CONTRACTORS ORS that apply or bid for in award exceeding $100.000 must file the required certification. E;rach tier certifies to the tier above that it will not and has not used 1:ccleral appropriated funds to pay arty person or organization for inflaaeracirag) or atterttptirt�.�� to influence an officer- or employee of"any agency, a member- of Congress. officer or employee of Congress, or an employee of as member of C."ongress in connection with obtaining any Federal contract.. zgrant or any other award covered by }1 U1 .C� 1352. Flach tier must also disclose any lobbvirg with non-Federal funds that takes place in connection with obtaining any Federal award. SuCh disclosures are forwarded from tier to tier arp to tlae non-federal .2 award. `✓ 40.8 Cornol(ance with„PI.00Urt:,nient of` recovered materials as_.set forth in `? C 1 1 200.312, CONTRACTOR must comply vv ith section 6002 of"the Solid Waste disposal W Act. as amendment by the ECesoarrce Conservation and Recovery Act. The requirements of `section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (1`PA at 40 CPR part 247 that contain the highest � percentage o'recovered materials practicable. consistent with maintaining a satisfactory level of competition, where the Purchase price of the item exceeds $10.000 or the value12 of` the quaruityr acquired during the preceding fiscal year exceeded 10,000 procuring solid waste managerttert services in as manner that ntaxiaii!es energy and resource � recovery; and establishing an affirmative procurement program for procurement of recovered rnaterials identified in the F PA ouidelines. (1 ) In the performance cif` this contract, the CONTRACTOR RAC'TO shall make maxinaun-r use of`products containing recovered materials that are [TA-designated items Unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule: (10 Meeting contract perfcrni ancc requirements: or (iii) At aa. reasonable price. (2) Information about this rrecluiremertt along with the list of kITA- desi¢,maated items, is available at EPA's Comprehensive Procurement Guidelines web site, httl)s:I ovvvvv.clta.gov,'sratna'wattPrchert ie e-prc?ctrrc rtterat- rticfebnge-cps-tar-ogrant. 40.9 Americans �vith Disabilities .,._Ac.t of'y mm 1990. as aamendecl The CONTRACTOR 1`OR will comply \v ith all the requirements as imposed by the ADA. the 9i Packet Pg.875 retyulations cif" the I ed ral =L)oVer-nillent ISSLIed thereunder.under. and the uassuranc bN? the CON FI AC°'FOR pUNL1211t thereto.. 40.10 1'he CON'FRACTOR shall utilize the T.I.S. 17epartnaent ofHomeland Sectrrity°'s E- Verifyr system to verity the employment eligibility oi' all nev,, employees hired by the CON"FRAC'TOR dur°hu,, the terror of the Contract and shall expressly require any subcontractors performing work or provid]ino services pursuant to the Contract to likewise crtiliZC the U.S. Departnaerat Of Homeland Security's E-V rify sy'stern to verify the employment eligibility of` all new employees hired] by the subcontractor during; the Contract ter.rar. 40.11 Fraud and False Or Fr°aU ulent....._or ltelatcd .--Acts. The CC}ts;nl`RAC' 1'OR � aclkndavti ledges that s 1 U.S.C:. Chap. 3 (Administrative Remedies for false Claims and.] Statements) applies to the CONTRACTOWS actions pertaining to this contract. 40.12 Access to,Records. The fool wino access to records recluir-c iaaents apply to this; contract: c (1) The CONTRACTOR agrees to provide MONROF COUNTY, the F1_1'tl, Ch Administrator, the Comptroller General of the United States, or any of their authorized m representatives access to Kooks, documents, papers, ail(] records of tine W CONTRACTOR which are directly pertinent to this contract for the purposes of`making audits, examinations. excerpts, and transcriptions. (2) The CO N`1 RAC(OR agrees to permit any of` tine foregoing, parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. W (3) The CONTRACTOR agrees to provide the l°i l'� A Administrator or his � adrthorized representatives access to construction or other work sites pertaining to tiae work being,completed under the. contract. � 40.13 Federal Government rnment not a art °_to contract. C`ON"l`RAC;'i�'O acknowledges, that ww.............._m �. � _ the Federal Government is not a party to this contract and is not subject to any obligations C or liabilities to the non-Federal entity',. contractor, or any rather party pertaining to any m matter resulting from the contract. 40.14 Department of Homeland SecurityLL (DI-IS)_`meal. Logo. and Flags. The CONTRACTOR shall not use the DI IS scal(s), logos, crests, or reprodtrctioras Of flags car likenesses ofDI IS wency of`iicials without specific FEMA pre-approval.. 0.15 C:0 nVj4ancc,.xN,with 1°ecleral I.A.M. RcCQUI,lations. and] ..."xecutive Order. This is ail sacknovviedgernent that FTMA financial assistance will be used to fund the contract only. The C ON1 AC"1OR will comply will all applicable federal law, regulations, exeeutive orders. FLMA policies. procedures, and directives. t Packet Pg.876 40.16 Dis da antaue€i Business._Ent€ry rr,5ggl 7M 1'ol cN .and Obligation. It Is the policy of the C Ot.JN"I'Y that D1311's., as defined in 49 C+'.R. ['art 26, as amended, shall have tlae opportunity to participate in the performance of contracts financed in whole or in part with C"(. 11N'I'Y funds under this Agreement. The D131s recicrirenients €rfapplicahle federal and slate laves an€I regulations, apply to this Agreement. The C 01jNTY and its CONTRACTOR aauree to ensure that DBE's [lave the opportunity to participate in the performance oaf this Agreement. In this regard_ all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laves and r{e UlaatiOns to ensure that the DBE's have the opportunity to compete for and perform contracts, inclUding but not limited to ? C.F.R. ss"a 00.21 . The C OL N'TY and tlae CONTRACTOR and snhcontractors shall not discriminate on the basis of race, color. national orivin, or sex in the award and performance ofccanta4acts, entered parrstrant to this Agreement. CONTRACTING. WITH SMALL _AND .MlNO1t1'l Y BtJ INESSES. � OMEN'S BUSINESS E'N'FERPRISES, AND LABOR SE_wRPLt®.IS AREA FIRMS.. aa. If the. C ONTRAC'"FOR, with the funds authorized by this A recraaent seeps to subcontract goods err- services, then, in accordance with 7 C.F.R. §?tltl.21. the C ONTRAIL TOR shall tale the: fol to ino raffii alaaatia e stops to assure that minority Ch businesses, vvomen's business enterprises. and labor strrplras area firms, are used whenever Possible: m i. Placing €lcralified small and minority businesses and women's '✓ business enterprises can s€.rlicitaation lists; cv ii. Assrn-ing that small and minority businesses, aracl vvomen's horsiness enterprises are solicited whenever tile), area potential scvaarces, W iii. Dividing t ataal r€quirements. when cc€>n€rnicaall}Y fk��il�le, irat€a smaller-tasks or quantities to permit maaximurn participation by small and minority businesses, and vvomen's bnsnress cnterprrscs, � iv. I stablishin�g delivery schedules, x here the reaTui:�gjgft, ,rnaits, which encour-ag€ pRarticipa tion by small and minority Iatrsinesses. and w�€ men's �_ business enterprises, v, using services -and assistance, Eat aiapr€priaatc, of'shell €arg anizations � as the Small Business Administration and the Minority Business Development Agency of the Departnaent €afC"ora-rraaerce. 40.1.7 The CONTRACTOR i°RAC"TCAR is bound by tlae terms and conditions of the Federally- Funded Subavvard and Grant A' _,r-eernent between County and the I'lo6da Division of Emergency Management (Division}. 0.18 The CONTRACTOR shall hold the. Division and County harmless a��ainst all claims of whatever- nature arising out of the CONTRACTOR'S OR'S performance of work Lander this Agreement. to the extend allow and regUir•ed by law. 1. Packet Pg.877 C.17.d 9� In all other respects_ the remaining terms of`the Original Agreement dated April 20, 2016, not inconsistent herewith, ;Tall remain in full IOrce and cf'Icct.. IN WITNLSS WI`II?RE )F the patties hzwe hereunto set their hands and seal. the day and y csar` first written above. (S IAL) BOARD OF C0tiN`I"Y COMMISSIONERS Attest, KFVIN MAI)OK, CTERK OF MONRO CC)tlN'['Y. FLORIDA Bap f I3r: I)eLrty+�.leravE.r� ¢ E z: i� ) �t Date: �� � '! � � I�at�,:� .»�....n._� _._._.. � 0 Witnes�es for CONTRACTOR: C'C)N"I RAC`IT R: Sill"ME"NS INDUSTRY, INC:. � co CD cV z `�ina e of erstrr atatltt�rre_cI to ` i n�atrare C°t' t_; ,+ U lc all} bind Corporation � . r I)at e Print N<ar e and 'I isle et �W . ji we Ai { L. "7 a ,` CV r17 l✓r r I" m''i c � A � �: �1 �.�.� ",��� as�`� �- _ �( .� (,4 ®' G? w Telephone Number __. E Date '- MONROE COUNTY ATTORNEY'ATTORNEY'S OFFICE pAR_ VEAL F AM PATRICIA EAEt.E c ASSISTANT OUNT'YATT NEB` a 14 Packet Pg.878 C.17.d STATE OF FLORIDA TRAVFLE I AGENCY VOUCHER FOR REIMBURSEMENT HEADQ1 -ERA OF TRAVEL EXPENSE Check tins: CIFFICERJEMPLOYEE .Nt N-EMPLOYEEIIND CONTRACTOR RESIDE ar Hour of deals for Per Diem Dale Travel Perlorrnr d Deparlure Class or Actual Class I 2018 Ftorm Point of{Agin Purpose or Reason and Hour A&B Lodging C Mi r To Destination (Name of Conference) of Return Travel Expenses Meats Cl: 1 f M M f 0 - Statement of Bordifits to the Staaa (Conference of,Convention) Column Column Column � Total Total Total 0) 0,531 - LESS ADVANCE RECEIVED bo- Revolving Fund: Advance: r Chack No, �— . Check Date Warrant No LESS CLASS C NIFACS{ flt i ;:Mp; r Agency Voucher Pie — . In Warrant fate NET AMOUNT DUE W Siatewvlde Doc.No Agency Voucher No. _.... ... .w. ll„ hereby ceraay or affirms that me above onwnses ac-luany.""ved try too as naeessary tra"w expenses to Me tK tonmance Crf my ulf eW donee alleMartty ar a P'urSr1»' l to Seal jon"t2 t'Wj 1 3 tat Fks Hules.. CoAferonce or€onvaranorr was,orvaotly related Io aNical dula is of oea agency any meals or todging indudad in a conference or coma rldtaa#e suation lee have been knevviedge the aleow Irawer was on olri, ina.ss dooluved Irons train.Travel Claim:and Chat this claim is Into aria cotrw in every material rnatier ands sane Wrvlormsin ovary rosprdCt with Me firitateOWIS of lion purgvsaaisr Stated abovo ¢1 I4cr t rtnraea slate ns SUPERVfSOR'SSICNATURI Ll- TRAVELER'S SIGNATURE SUPERVISOR'S TITLE _ BATE APPROVED: EI7E PREPARED: TITLE: E FOR AGENCY USE; MIBIT "A!" Packet Pg.879 C.17.d Travel Performed by Common Carrier or State Vehicle This section required to be crarat rlefed nr:l r�hc!r cgmir ion carrier rs frilled directly to the state rr gar Date Ticket Number or l rorn To Amoun State.Vehicle Number GENERALINSTRUCTIONS Class A Travel--Confinuous travel of`?£I hours or more away from official hcatitlaaartcrs, Breakfast when travel bed ins tacfiarc fa A.N J ex Class S travel—Continuous travel of less than 24 hours which involves overni"ht Lunch—when travel begins before Gaon absence from official headquarters, Dinner—when travel begins before M.t Class C travel-__Travel for short or(Jay trips where the traveler is not away from his when travel occurs during n firm official headquarters overnight. NOTE: No allowance shall be made for meals when travel is confined to the city or town of official headquarters or mlmcdia cini business outside the traveler's regular place of employment if'travel expenses are approved and such special approval is note( the.9 and Meals shall be those prescribed by Section 1 12 001.Florida Statute,,, Per Diem shall be computed at cane-fourth of authorized rate for each quarter of fraction thereof. Travel raver a period of 24 hours or rr 0) will cycles"beginning at rnidni-lit,less than 24-hour travel will he calculated can the basis of fa-hour cycles, beginning at the Maur of departure from Taal I hour of return should be shown for all travel. When claiming per diem,the meal allowance columna should not be rued. � Claims for actual lodging at the single occupancy rate talus nacaal allowances should include file commercial lodging expenses in tie"I' E terra column and include(lie appropriate meal allowances in the"Meals for Class A&B"Travel"column. Claims for meal allowances involving travel that did not require the traveler to be away front has headquarters overnight should be incl I in Vicinity travel must appear in the separate ecrlutnn. When travel is by contnaon carrier and billets directly to the: traveler,the amount at ,scri "Other Expenses"column. A copy of the ticket or invoice should be attached to this form. If travel is by common carrier and billed directly to >nut by Common Carrier or State Vehicle"section above.should be completed. The:mane of the common carrier should be inserted in the"Mal)lsrtt .Cl; Justif icaalion must be provided for use of a non-contract airline(ear one offering equal ear•lesser rates than the contract airline)or rental car(or or vinL carriers are available.. Additionally, justificat:can must be provided for use of a rental car larger titan a Class"B"car. m If travel is performed by flte use of it State-owned vehicle,the ward "State"should be inserted in the"Map Mileage Claaaatted"column `W tc rc above section designated as"Travel Pcrfo rta ed by Common Carrier or State'Vehicle"should be completed, _ Incidental travel expenses which may be reimbursed include; (a)reasonable taxi fare, (b) terry fares and bridge,road.and tunnel tolls, r lora and telegraph expenses,and(c)convention or conference registration fee. if meals arc;included in the registration fee,per diem should be rcdu teen obtained when possible. The oflicial Department of'rransportation map should be used in computing mileage claainted from point cif origin to destination when PUS to If travel is complimentary,the abbreviation"Cramp."Should be inserted in the`Nlap Mileage Claimed"column. No mileage is aallowt When any State employee is stationed in any city or town fora period of over 30 consecutive work drays,such city or town shall be dcc to I shall not be allowed per them or subsistence:after the period of 30 consecutive days has elapsed,unless extended by the approval cif the agency If travel is to a conference or convention,the"Statement or Benefits to the State section must be completed or as copy of the Authoriz tit I AA-13,must be attached. Additionally,a copy of the agenda and registration receipt must be atttaachc& Any fraudulent claim for ttadeage,per diem,or other travel expense is subject to prosecution as a misdemcanor. tra GERAL D LEWIS Comptroller Packet Pg.880 C.1Ze 1 AGREEMENT FOR TESTING,CERTIFICATION,AND MAINTENANCE MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM,APOGEE BUILDING AUTOMATION SYSTEM (HVAC),AND SMOKE CONTROL SYSTEM SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM (HVAC) KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM 0 MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND - BUILDING AUTOMATION SYSTEM MONROE COUNTY(MARATHON) GOVERNMENT CENTER: BUILDING W AUTOMATION SYSTEM MONROE COUNTY MEDICAL EXAMINER'S OFFICE: BUILDING AUTOMATION cv SYSTEM This (2) two year Agreement is made and entered into this 20th day of April, 2016, E between MONROE COUNTY, FLORIDA ("COUNTY" or"OWNER"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Siemens Industry, Inc. ("CONTRACTOR") a Delaware corporation, whose address is 3333 Old 0) Milton Parkway,Alpharetta, Georgia 30005. WHEREAS, COUNTY desires to have testing, certification, and maintenance services for certain systems at various public facilities,and WHEREAS, CONTRACTOR desires and is able to provide testing, certification, and maintenance services at these public facilities; and e WHEREAS, it serves an important and legitimate public purpose for CONTRACTOR to provide testing, certification, and maintenance services at these various public facilities, and NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties have entered into this Agreement on the terms and conditions set forth below. 1. THE AGREEMENT This(2)two year Agreement also includes and consists of this contract document,the bid and proposal documents, exhibits, addenda, and specifications, requirements, conditions, and instructions contained with or in the bid documents. t D mfeAg men t,--14it6 Packet Pg.881 U C.1Ze 2. SCOPE OF THE WORK A. BUILDING AUTOMATION SYSTEM DEVICES(APPROXIMATE) BUILDING SYSTEM DESCRIPTION QUANTITY UNITS MONROE COUNTY Apogee VARIABLE AIR VOLUME 26 .� DETENTION CENTER (VAV)WITHOUT HEAT MONROE COUNTY Apogee VAV WITH ELECTRIC 5 DETENTION CENTER HEAT MONROE COUNTY Apogee VAV WITH FAN & 9 DETENTION CENTER ELECTRIC HEAT ... .. _...m_ MONROE COUNTY Apogee CONSTANT VOLUME 14 DETENTION CENTER WITH ELECTRIC HEAT 03 MONROE COUNTY Apogee FAN COIL UNITS 29 DETENTION CENTER AIR HANDLING UNITS 11 a SHERIFF'S ADMINISTRATION Apogee VAV WITHOUT HEAT 27 `V BUILDING AIR HANDLING UNITS 1 MONROE COUNTY JUVENILE Apogee VAV WITH FAN & 31 a, JUSTICE BUILDING ELECTRIC HEAT AIR HANDLING UNITS 4 MONROE COUNTY Apogee VAV WITH FAN & 22 2 GOVERNMENT CENTER ELECTRIC HEAT AIR HANDLING UNITS 3 ;a MONROE COUNTY MEDICAL Summit a VAV WITH FAN & 7 EXAMINER'S OFFICE ELECTRIC HEAT AIR HANDLING UNITS 4 B. FIRE SYSTEM DEVICES PER BUILDING(APPROXIMATE) MONROE COUNTY DETENTION CENTER—Siemens FireFinder XLS Smoke Detectors 297 Heat Detectors 38 Duct Detectors(Smoke&Heat) 212 Manual Pull Stations 29 Tamper Switches 29 Flow Switches 13 MONROE COUNTY SHERIFF'S ADMINISTRATION BUILDING—EST SYSTEM Smoke Detectors 23 Heat Detectors 7 2 Draft Agreeman"r"8416 Packet Pg.882 C.1Ze _ 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 Photo Detectors 5 Duct Detector Modules 7 Thermal Detectors 8 Water Flow Modules 4 Supervisory Valve Modules 9 e Control Modules(AHU Shutdown, Elevator Recall) 10 Main Controller 1 Remote Zone Module 1 2 Zone Addressable System Card 2 -- M_ ONROE COUNTY_JUVENILE JUSTICE BUILDING EST SYSTEM Photo Smoke Duct Detectors 12 Ion Smoke Detectors 1 Photo Smoke Detectors 96 Heat Detectors 17 E Water Flow Switches 4 Pull Stations 15 Q 3. SPECIFICATIONS_TESTING CERTFICATION AND MAINTENANCE � A. LOCATION: Monroe County Detention Center _ 5501 College Road Stock Island, Key West, FL 33040 2 SYSTEM: Fire Alarm System-SIEMENS The CONTRACTOR shall furnish all labor, material, equipment and documentation to comply with the authority or authorities having jurisdiction for _ the certification, maintenance, and testing of the Monroe County Detention Center's Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The CONTRACTOR shall conduct annual tests of all required system components as per the latest edition of NFPA 72H,Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The CONTRACTOR shall conduct semi-annual tests of all required system components as per the latest edition ofNFPA 72H,Testing Frequencies. 3 Draft Air an[ -34-16 Packet Pg.883 C.1Ze 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 EST "FIREWORKS" fire control system and provide and install the latest software upgrades as they become available. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: With the OWNER's prior approval, the CONTRACTOR shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing 2 components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. The CONTRACTOR shall provide cost estimates of such repairs or ' replacements for OWNER's approval. Reimbursement shall be in accordance with this Agreement. 6) FIRE DOOR EGRESS SYSTEM (FEAR): E The CONTRACTOR shall conduct tests as recommended by NFPA 101 on the Fire Door Egress System. The CONTRACTOR shall test to verify W proper function of the Fire Door Egress System in response to automatic activation from the fire alarm system or manual activation from the system CD operator's console. This test will also verify proper operation of Fire Door Egress System override priorities and system reset. ca B. LOCATION: Monroe County Detention Center 5501 College Road c Stock Island, Key West, FL 33040 SYSTEM: Building Automation System(APOGEE) The CONTRACTOR shall furnish all labor, material, equipment and documentation to comply with the service requirements for the maintenance 0) and testing of the Monroe County Detention Center's Building Automation System,including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The CONTRACTOR shall provide system and software troubleshooting and diagnostics via modem or remote log in per permissions of the County's IT Department. 2) OPERATOR SUPPORT: 4 DraO..,Agreen�seat 4`1 6 Packet Pg.884 C.1Ze 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 c Ch system file one(1) time per year. In the event of memory toss, the CONTRACTOR shall reload the database from the current backup E 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: E The CONTRACTOR shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain W system control to peak efficiency as building and mechanical system characteristics change. Verify proper operation of all VAVs and TECs. e) SOFTWARE CONSULTATION: The CONTRACTOR shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software c problems found in executing system tasks. 76 f) SOFTWARE UP-GRADES: The CONTRACTOR shall patch the control system and associated serves to the latest version,revision or update every quarter. If any security vulnerabilities are discovered, the CONTRACTOR shall be responsible for notifying the OWNER within five business days. The CONTRACTOR shall provide quarterly documentation in the form of a physical and soft logbook ensuring that the updates and patches have been performed. g) The BAS software will provide an audit trail that logs all user actions and can only be read and/or modified by a system 5 Packet Pg.885 C.1Ze administrator. This audit trail will show the administrator what system was modified, the value modified and the time of modifications. 4) SYSTEM PREVENTATIVE MAINTENANCE: The CONTRACTOR shall develop and perform preventative maintenance on a quarterly basis in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the OWNER. 5) PNEUMATICIELECTRIC EQUIPMENT MAINTENANCE: a) DIAGNOSTIC SERVICES: The CONTRACTOR shall provide technical expertise to ensure system reliability and occupant comfort. CONTRACTOR shall review the operation of the equipment, assist in analyzing and 2 troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. ' cv b) OPERATING INSPECTIONS: CONTRACTOR shall provide quarterly routine scheduled operating inspections to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES: E The CONTRACTOR shall perform extensive annual services 2 throughout the contract year, developing and providing quarterly routine scheduled maintenance and minor repairs, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the OWNER. Equipment shall include but not be limited to all AHUs, 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 0) comfort. e) INSPECTION: Verify proper operation of all VAVs and fan coil units. Correct any calibration anomalies and minor deficiencies. 6) SYSTEM PERFORMANCE SERVICES -REVIEW AND EVALUATION: 6 Draft-A men"AA-6 Packet Pg.886 C.1Ze The CONTRACTOR shall provide dedicated account management and single point of contact to coordinate the delivery of service,offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES: The CONTRACTOR shall provide on-line response within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting and corrective procedures, the CONTRACTOR shall be on-site within 24 hours, upon OWNER's request. 0 Ch 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to E maintain the system in peak operating condition. Upgrade equipment by U) 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. y Reimbursement shall be in accordance with this agreement. 2 C. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West,FL 33040 E 2 SYSTEM: Smoke Control System The CONTRACTOR shall furnish all labor, material, equipment and documentation to comply with the service requirements for the certification, 12 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 G override priorities and system reset. b) Smoke Control System Activation Test: The CONTRACTOR shall: Check Firefighter's Smoke Control Station for switch settings in auto position. +� Deactivate stair tower pressurization system. Draft-Agrwment—'Wl6 Packet'Pg.887 • Run point log and verify that the system is in the normal state. * Perform manual smoke control system activation priority test. * After performing individual zone test, reset system. Document that system has been made ready. • Return stair tower pressurization system to active mode. * Reset smoke control system and verify that system is ready for smoke control. Document findings. Test performed per requirements set forth in the HVAC prints for Monroe County E Detention Center(Reference Sheet 10.37). e) Firefi hter's Smoke Control Station FSCS Test:. The CONTRACTOR shall test to verify operation of the FSCS by v, 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 LED's, fuses and surge transient y protection devices. • Check line cards and function cards. Check cabling and E 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. E • Check the time and reset if necessary. Visually inspect FSCS cabinet and observe operating environment. ca e) Smoke Control System Control Test per Smoke Control Zone: The CONTRACTOR shall perform the following: CD Check and/or set starters of supply and return fans to their 0) auto settings. * Initiate the auto smoke strategy from fire alarm system interface. Record all results on "Smoke Control Activation Test Record" form. a • Verify, using PT group tables or wild carding, that each piece of smoke control equipment has been commanded per the schedule. • Verify operation. Record and document any problems. Reset smoke control system. f) Emergency Power Test: The CONTRACTOR shall verify operation of smoke control system emergency power. Verify 8 D t°t-A reemew--- -]b Packet fig.888 C.17.e operation of each smoke control fan, damper and air-handling unit. Verify operation of FSCS under emergency power. 2) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. CONTRACTOR shall provide cost estimates of such repairs or replacement for OWNER's approval. Reimbursement shall be in accordance with this agreement. D. LOCATION: Sheriffs Administration Building 5525 College Road Stock Island,Key West, FL 33040 SYSTEM: Fire Alarm System-EST E The CONTRACTOR shall furnish all labor, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Monroe County Sheriffs Administration Building Fire Alarm System, including but not limited to the following: 1} ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: E 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 CD components as per the latest edition of NFPA 72H,Testing Frequencies. W 4) SYSTEM PREVENTATIVE MAINTENANCE: The CONTRACTOR shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the OWNER. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. CONTRACTOR shall provide cost 9 Draft-A gree un m t3,?8 4 16 Packet fig.889 estimates of such repairs or replacement for OWNER's approval. Reimbursement shall be in accordance with this agreement. E. LOCATION: Sheriffs Administration Building 5525 College Road Stock Island, Key West,FL 33040 SYSTEM: Building Automation System(APOGEE) The CONTRACTOR shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Sheriffs Administration Building's Building Automation System, including but not limited to the following: 0 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: _ The CONTRACTOR shall provide system and software troubleshooting and diagnostics via modem or remote log in per permissions of the County's IT Department. 2) OPERATOR SUPPORT: The CONTRACTOR shall provide unlimited consultation to assist the `V OWNER in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The CONTRACTOR shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the CONTRACTOR shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The CONTRACTOR shall backup each field panel database and 0 system file one(1) time per year. In the event of memory loss, the CONTRACTOR shall reload the database from the current backup COPY- _ c) FIELD PANEL DATABASE DIAGNOSTICS: The CONTRACTOR shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The CONTRACTOR shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical 10 Draft-Agr t nt--3JS4t-6 Packet'Pg.890 C.17.e system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The CONTRACTOR shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The CONTRACTOR shall patch the control system and associated serves to the latest version, revision or update every quarter. If any security vulnerabilities are discovered, the CONTRACTOR shall c U- be responsible for notifying the OWNER within five business v, days. The CONTRACTOR shall provide quarterly documentation in the form of a physical and soft logbook ensuring that the updates and patches have been performed. g) The BAS software will provide an audit trail that logs all user actions and can only be read and/or modified by a system administrator. This audit trail will show the administrator what system was modified, the value modified and the time of modifications. 2 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES CD The CONTRACTOR shall provide technical expertise to ensure system reliability and occupant comfort. CONTRACTOR shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS CONTRACTOR shall provide quarterly routine scheduled operating inspections to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The CONTRACTOR shall perform extensive annual services throughout the contract year, developing and providing quarterly routine scheduled maintenance and minor repair, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the �t Draft-Agr esnenu Ae,46 Packet Pg.891 C.1Ze OWNER. Equipment shall include but not be limited to all AHUs,VAVs, FCUs,VFDs,dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The CONTRACTOR shall develop and perform scheduled preventative maintenance on a quarterly basis in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the OWNER. 6) SYSTEM PERFORMANCE SERVICES -REVIEW AND EVALUATION The CONTRACTOR shall provide dedicated account management and single point of contact to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES E The CONTRACTOR shall provide on-line response within two (2) hours U) 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. y 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to U® 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 2 E in advance to prevent system failure. CONTRACTOR shall provide cost estimates of such repairs or replacement for OWNER's approval. Reimbursement shall be in accordance with this agreement. F. LOCATION: Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 SYSTEM: Fire Alarm System- EST 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: i 12 Dr -Agreement-34 -1 Packet Pg.892 C.1Ze 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. Ch 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to m maintain the system in peak operating condition. Upgrade equipment by U) 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 n' estimates of such repairs or replacement for OWNER's approval. y Reimbursement shall be in accordance with this agreement. G. LOCATION: Monroe County Juvenile Justice Building 5503 College Road Stock Island, Key West,FL 33040 E SYSTEM: Fire Alarm System The CONTRACTOR shall furnish all labor, equipment and documentation to ca comply with the authority having jurisdiction for the certification, maintenance, 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: E The CONTRACTOR shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The CONTRACTOR shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H,Testing Frequencies. 13 Draft- resat.. . -16 Packet Pg.893 C.1Ze 4) SYSTEM PREVENTATIVE MAINTENANCE: The CONTRACTOR shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the OWNER. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to 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(APOGEE) n' The CONTRACTOR shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, E maintenance, and testing of the Monroe County Juvenile Justice Building's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: Q 2 The CONTRACTOR shall provide system and software troubleshootingCD and diagnostics via modem or remote log in per permissions of the _ County's IT Department. 2) OPERATOR SUPPORT: 0 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 14 Draft-Agree nasal3Wt6...... Packet Pg.894 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 patch the control system and associated v, serves to the latest version,revision or update every quarter. If any security vulnerabilities are discovered, the CONTRACTOR shall be responsible for notifying the OWNER within five business days. The CONTRACTOR shall provide quarterly documentation in the form of a physical and soft logbook ensuring that the updates E and patches have been performed. g) The BAS software will provide an audit trail that logs all user actions and can only be read and/or modified by a system administrator. This audit trail will show the administrator what system was modified, the value modified and the time of modifications. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The CONTRACTOR shall provide technical expertise to ensure system reliability and occupant comfort. CONTRACTOR shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS iS Packet Pg.895 C.1Ze CONTRACTOR shall provide quarterly routine scheduled operating inspections to check system performance and equipment operating controls,to evaluate system efficiency and reliability. c) ANNUAL SERVICES The CONTRACTOR shall perform extensive annual services throughout the contract year, developing and providing quarterly routine scheduled maintenance and minor repair, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the OWNER. Equipment shall include but not be limited to all AHUs, VAVs, FCUs,VFDs,dampers and controllers. 0 5) SYSTEM PREVENTATIVE MAINTENANCE _ The CONTRACTOR shall develop and perform scheduled preventative maintenance on a quarterly basis in accordance with a program of standard E maintenance routines as determined by the manufacturer's U) recommendations and reviewed by the OWNER. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The CONTRACTOR shall provide dedicated account management and y single point of contact to coordinate the delivery of service,offer technical assistance for system programs and engineered control strategies, and E implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES E The CONTRACTOR shall provide on-line response within two (2) hours CD of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required ca to complete troubleshooting and corrective procedures, the CONTRACTOR shall be on-site within 24 hours, upon OWNER'S request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. CONTRACTOR shall provide cost estimates of such repairs or replacement for OWNER's approval. Reimbursement shall be in accordance with this agreement. I. LOCATION: Monroe County Government Center 2978 Overseas Highway Marathon,FL 33050 16 Packet Pg.896 C.1Ze SYSTEM: Building Automation System (APOGEE) The CONTRACTOR shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Marathon Government Center Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The CONTRACTOR shall provide system and software troubleshooting and diagnostics via modem or remote log in per permissions of the County's IT Department. 2) OPERATOR SUPPORT: 0 The CONTRACTOR shall provide unlimited consultation to assist the Ch OWNER in identifying, verifying, and resolving problems found in executing system tasks. E 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. E b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The CONTRACTOR shall backup each field panel database and E system file one (1) time per year. In the event of memory loss, the 2 CD CONTRACTOR shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The CONTRACTOR shall perform field panel diagnostics, analyze CD the results and make recommendations to optimize building control 0) performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The CONTRACTOR shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The CONTRACTOR shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. 17 Draft-- un nl— 446a..._ Packet Pg.897 .., „ C.1Ze f) SOFTWARE UPGRADES: The CONTRACTOR shall patch the control system and associated servers to the latest version, revision or update every quarter. If any security vulnerabilities are discovered, the CONTRACTOR shall be responsible for notifying the OWNER within five business days. The CONTRACTOR shall provide quarterly documentation in the form of a physical and soft logbook ensuring that the updates and patches have been performed 4) PNEUMATIC AND/OR ELECTRIC EQUIPMENT MAINTENANCE: 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 scheduled operating inspection to check system perfonnance and equipment operating controls, to evaluate system efficiency and reliability. E c) ANNUAL SERVICES: The CONTRACTOR shall perform extensive annual services E throughout the contract year, developing and providing quarterly 2 routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the OWNER. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE: The CONTRACTOR shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and 0) reviewed by the OWNER. 6) SYSTEM PERFORMANCE SERVICES -REVIEW AND EVALUATION: The CONTRACTOR shall provide dedicated account management and single point of contact to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES: v 18 Draft- r ement_—M 1.4_ Packet P9.898 C.1Ze 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. LOCATION: Monroe County Medical Examiner's Office 56639 Overseas Highway,Crawl Key Marathon,FL 33050 SYSTEM: Building Automation System(Trane Tracer Summit) The CONTRACTOR shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Medical Examiner's Office 2 Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: E The CONTRACTOR shall provide system and software troubleshooting and diagnostics via modem or remote log in per permissions of the County's IT Department. ca 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) TRANE'S SUMMIT GRAPHICS BACKUP: E The CONTRACTOR shall backup the Summit graphics database one (1) time per year. In the event of hardware failure, the CONTRACTOR shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The CONTRACTOR shall backup each field panel database and system file one(1) time per year. In the event of memory loss, the 19 Packet Pg.899 C.1Ze 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 patch the control system and associated serves to the latest version,revision or update every quarter. If any security vulnerabilities are discovered, the CONTRACTOR shall �_ be responsible for notifying the OWNER within five business days. The CONTRACTOR shall provide quarterly documentation in the form of a physical and soft logbook ensuring that the updates E and patches have been performed. 2 g) The BAS software will provide an audit trail that logs all user actions and can only be read and/or modified by a system administrator. This audit trail will show the administrator what system was modified, the value modified and the time of modifications. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE: a) DIAGNOSTIC SERVICES: The CONTRACTOR shall provide technical expertise to ensure system reliability and occupant comfort. CONTRACTOR shall E review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS: zo Dmfi Agme-mant-348,46- Packet Pg.900 C.1Ze CONTRACTOR shall provide quarterly scheduled operating inspections to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES: The CONTRACTOR shall perform extensive annual services throughout the contract year, developing and providing quarterly routine scheduled maintenance and minor repair, thorough E inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the OWNER. Equipment shall include but not be limited to all AHUs, VAVs,FCUs,VFDs,dampers and controllers. 0 5) SYSTEM PREVENTATIVE MAINTENANCE: _ The CONTRACTOR shall develop and perform scheduled preventative maintenance on a quarterly basis in accordance with a program of standard 0) maintenance routines as determined by the manufacturer's 6 recommendations and reviewed by the OWNER. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION: The CONTRACTOR shall provide dedicated account management and single point of contact to coordinate the delivery of service,offer technical assistance for system programs and engineered control strategies, and E implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES: E 0) The CONTRACTOR shall provide on-line response within two (2) hours 2 CD of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required in to complete troubleshooting and corrective procedures, the CONTRACTOR shall be on-site within 24 hours, upon OWNER's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The CONTRACTOR shall repair or replace failed or wom components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. CONTRACTOR shall provide cost estimates of such repairs or replacement for OWNER's approval. Reimbursement shall be in accordance with this agreement. K. RESPONSE TIME-Monday through Sunday,24 hours per day: The CONTRACTOR shall provide emergency service between scheduled preventative maintenance calls, Monday through Sunday, including holidays, 24 hours per day. Emergencies are to be determined by the OWNER. 21 Packet Pg.901 C.1Ze L. ON-SITE RESPONSE The CONTRACTOR shall be on-site to provide emergency service within 24 hours upon the OWNER's request. Non-emergency calls as determined by OWNER will be incorporated into the next scheduled preventative maintenance visit. M. DOCUMENTATION OF ALL SERVICES PROVIDED The CONTRACTOR shall document each on-site service call and furnish the E 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. c N. QUALITY ASSURANCE PROGRAM The CONTRACTOR shall meet the OWNER on a semi-annual basis to evaluate 2 system performance and OWNER's satisfaction with the quality of service that is U) 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 `V compile all maintenance criteria and procedures for all systems and equipment as v, 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. E O. STAFFING The CONTRACTOR shall provide sufficient numbers of qualified personnel needed to ensure the adequate and satisfactory monitoring and performance of the systems as required pursuant to this Agreement or by law. The CONTRACTOR shall utilize any and all other additional personnel that may be necessary for the CD maintenance of the systems during abnormal or emergency conditions for Monroe 0) County, Florida upon receipt of approval of such additional personnel by the OWNER. P. MATERIALS AND EQUIPMENT Such tools and equipment acquired by the OWNER or by CONTRACTOR for the OWNER with budgeted funds will remain a part of the facility upon termination of this Agreement. The CONTRACTOR shall take all steps necessary to preserve and maintain any warranties on any of the tools, equipment and facility components, and to keep the OWNER informed in a timely manner of all steps taken to preserve and maintain such warranties. Q. MAINTENANCE,REPAIR AND REPLACEMENT 22 Draft-At reement.-31 4. Packet Pg.902 C.1Ze The CONTRACTOR shall, when providing maintenance or repair services, maintain the systems in good condition and repair, including making all necessary repairs and replacements consistent with standard NFPA requirements and Fire Alarm System, Smoke Control System, and Building Automation System practices. The CONTRACTOR shall maintain the safety of the systems at a level consistent with applicable law and normal practices for systems of similar magnitude. The CONTRACTOR shall maintain the systems and equipment in good repair and in a neat, orderly and litter free condition in order to protect the systems against deterioration and to maintain the aesthetic quality of the facilities. The CONTRACTOR shall correct any material deficiencies, inefficient operation and maintenance of the systems throughout the tern hereof pursuant to the provisions hereof for normal conditions in Monroe County, Florida. All new work shall be guaranteed for a period of twelve (12) months after the earlier of County accepted substantial completion of the work or first beneficial operation - or use. All auxiliary equipment not manufactured by the CONTRACTOR carries such warranty as given by the manufacturer thereof and which is hereby assigned E to the County. The OWNER shall have the right to request copies of maintenance W records maintained by the CONTRACTOR during normal business hours. The CONTRACTOR shall maintain the facility in such a manner as to keep all warranties in full force and shall not act, or allow any other party to act, so as to interfere with the effectiveness of such warranties. R. FINES AND PENALTIES E The CONTRACTOR shall be liable for the following: 1) Any fines or civil ) penalties which may be imposed by any governmental or quasi-governmental agency or body; and 2) any judgments or liabilities arising from actions by non-government or quasi-governmental agencies or bodies for violations of applicable county, state, and federal laws and regulations to the extent directly arising out of, or resulting from, the performance of its duties and obligations _ under this Agreement, including, without limitation, acts and omissions of the CONTRACTOR, its employees, agents, officers and subcontractors. The 2 CONTRACTOR shall not be responsible for any fines or civil penalties due to legal proceedings concluded prior to execution of this Agreement, unless such CD C fines or civil penalties are the direct result of an act or omission of the CONTRACTOR pursuant to the terms hereof. S. HOURLY LABOR AND MARKUP RATE Each bid shall also contain an hourly labor rate for upgrades, repair or E replacement work not within the scope of maintenance and testing and a markup rate for materials and equipment furnished. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Monroe County Ordinance 009-2015 and Florida Statute 112.061. All repair work necessary requiring reimbursement for funding by the OWNER will require prior approval by the OWNER unless it is deemed an emergency and the OWNER's representative cannot be contacted. In such case, documentation will be required certifying emergency requirement immediately after the fact. 23 Drart- ent—3,AV1, Packet Pg.903 C.1Ze T. SPECIAL PROVISIONS TOOL CONTROL PLAN—The Monroe County Detention Center requires a Public Works Department staff member to inventory all visitor's and CONTRACTOR's tools on the approved Visitor/CONTRACTOR Tool Inventory form prior to entering and departing the facility. Only those tools necessary for the project will be allowed inside the facility. CONTRACTOR's shall be under staff escort and supervision at all times while in the secured envelope of the facility or anywhere inmates may have access to the work area. The escort shall E 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 E Monroe County Administrative Instruction #6606.4 and the CONTRACTOR shall remain at the facility until attempts of tool recovery have been completed. SMOKING POLICY—The Monroe County Detention Center is a non-smoking o facility. Employees and CONTRACTORS are not permitted to bring tobacco, cigarettes, cigars, lighters or matches into the secured envelope. If these items are E brought into this facility,the act is considered to be an Introduction of Contraband 2 which is punishable by law. The minimum action that a CONTRACTOR may `) expect from the Monroe County Sheriffs Office for Introduction of Contraband is to be permanently barred from future entrance to the facility. U. SPECIFICATIONS v, The specifications contained herein are considered the minimum standards required. The maintenance of the systems shall comply with all applicable E Federal, State, and Local codes and ordinances. 4. PAYMENTS TO CONTRACTOR Q 2 A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. 0 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 laws,rules and regulations as may govern the Clerk's disbursal of funds. C. Expenses for travel, lodging, per diem and other authorized expenses shall E be paid pursuant to Monroe County Ordinance 009-2015 and Florida Statute 112.061. D. COUNTY shall pay to the CONTRACTOR for the performance of all services except those identified herein as "Corrective Maintenance and Component Replacement" ("Additional Services") on a per quarterly, in arrears basis on or before the I" day of the following month in three (3) month periods. The CONTRACTOR shall invoice the COUNTY quarterly for the maintenance 24 rat ree e t 3,P',&t Packet Pg.904 C.1Ze and testing performed under the Contract Documents contained herein. The Contract amount is as follows: Monroe County Detention Center $ 77,467.00 per year Sheriffs Administration Building $ 21,293.00 per year Key West Courthouse Annex $6 655.00 per year Monroe County Juvenile Justice Building $ 33,803.00 per year Monroe County Government Center $ 14,510.00 per year Medical Examiner's Office $ 8,331.00 per year TOTAL $162,059.00 Annual 0 E. COUNTY shall compensate the CONTRACTOR for Additional Services - performed under this Agreement, as follows: 1. The OWNER shall reimburse the CONTRACTOR for the 2 Manufacturer's invoice cost of all parts and materials (except tax and U) freight,which are reimbursed as charged with no markup),plus percentage as indicated below. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as `V compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. If the CONTRACTOR and the Manufacturer are the same entity, CONTRACTOR shall confirm and provide the COUNTY with best customer pricing status. E 2. CONTRACTOR's labor and equipment costs for additional services performed under this agreement will be calculated using the unit prices set forth below: ca a) Labor — normal working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays as follows: $120.00 per hour Building Automation Technician $105.00 per hour Fire Life Safety Technician $105.00 per hour Security Technician $147.00 per hour Electrical Services Technician $108.00 per hour HVAC Service Mechanic $105.00 per hour Fire Sprinkler Inspector 25 Draft A rae n t—1`8.t.; Packet Pg.905 C.17.e $112.50 per hour Fire Sprinkler Fitter $99.00 per hour Electrical Installer $146.25 per hour Project Manager $146.25 per hour Application Engineer $200.00 per hour Energy Engineer b) Labor— overtime rate, outside the normal working hours of 8:00 AM thru 5:00 PM Monday thru Friday, are as follows: 0 Monday thru Friday = 1.5 times the appropriate rate Saturdays = 1.5 times the appropriate rate Sundays and Holidays= 2.0 times the appropriate rate c) Material/Component mark-up for Siemens provided Building Automation Components shall receive a 50% with an additional 20% discount from the current Powers Controls Pneumatic/Electronic&Apogee Automation Pricing Guide. d) Siemens Fire Safety Components shall receive "Trade Net" E pricing as published in the current Siemens Fire Safety Price List. e) Third party vendor Material/Components shall receive a E multiplier of 1.5. f) Sub-contracted services to Siemens shall receive a multiplier of ca 1.5. 3. Total Compensation to CONTRACTOR for additional services under this Agreement shall not exceed SIXTY THOUSAND AND c NO1100 DOLLARS ($60,000.00) per contract year unless pre- approved emergency work requiring additional funds is implemented. 5. TERM OF AGREEMENT This (2) two year Agreement shall commence on April 20, 2016, and ends upon April 19,2018,unless terminated earlier in accordance with paragraph 19 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional three (3) one-year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 60 days prior to the end of the initial term. Unless the contract clearly indicates otherwise,references to the"term"of this Agreement shall mean the initial term of one year. 26 Packet Pg.906 C.1Ze The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year using the most recently published indicator. 6. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. � 7. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles v, 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 E records purposes during the term of the Agreement and for four years following the termination U) 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 y CONTRACTOR. 2 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, INDEMNIFICATION AND INSURANCE c Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, CONTRACTOR shall defend, indemnify and hold the COUNTY and the _ COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage, fine,penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts 27 Packet Pg.907 C.1Ze or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the tern of this Agreement or any earlier termination of this Agreement. The extent of liability is in no way Iimited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: c Ch WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY 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 0) person, $300,000 per occurrence, and $50,000 property damage. Coverage shall include all owned vehicles, all non-owned vehicles,and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of liability of not less than $1,000, 00.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar CD days' written notice shall be provided to the COUNTY before any policy or coverage is canceled 0) or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor 28 Draft-Agre t ent .$;: Packet Pg.908 shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent CONTRACTOR and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 12. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply E with all Federal and Florida statutes, and all local ordinances, as applicable, relating to U) nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation y 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 REQUIREMMENTS 29 f Packet Pg.909 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, c et seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, 0) 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. N 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, E 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 W agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift,or consideration. 16. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract,debt,obligation,judgment, lien, or any form of indebtedness. c 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 E delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested,to the following: FOR COUNTY: FOR CONTRACTOR: Monroe County Siemens Industry, Inc. Project Management/Facilities Joe Summerlin 1100 Simonton Street 3021 N. Commerce Parkway Key West, FL 33040 Miramar, FL 33025 30 Drafte €snt—3411 Packet Pg.910 C.1Ze and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 18. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. 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. c 19. TERMINATION A. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. cg 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 CD the appropriate court or before the appropriate administrative body in Monroe County, Florida. 0) 21. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted E to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 22. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent 31 Draft-A reer at-3 16 Packet Pg.911 C.1Ze by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 23. ATTORNEY'S FEES AND COSTS E 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 Ch fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County E Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 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 32 Df - g;reemont--31'4v6-- Packet Pg.912 C.1Ze Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 28. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is,empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 29. PRIVILEGES AND IMMUNITIES 0 All of the privileges and immunities from liability, exemptions from laws, ordinances, Ch 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. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating E 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 E Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,state statute, and case law. 31. NON-RELIANCE BY NON-PARTIES 0 No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR _ agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 33 Draft Agree zent 3•-346- Packet Pg.913 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 ofCh reference only, and it is agreed that such section headings are not a part of this Agreement and E will not be used in the interpretation of any provision of this Agreement. 2 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 a public building or public work, may not submit bids on leases of real E 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 terns and conditions of the bid documents are incorporated by reference in this contract Agreement. 39. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the CONTRACTOR beyond that already incurred by the termination date. 34 D mf# r rm at—i8,`W Packet Pg.914 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four(4) counterparts, each of which shall, yr of or accounting for the other counterparts,be deemed an original contract. a BOARD OF CO NTY COMMISSIONERS 'v s VILIN,CLERK OF MONRO o By: ...... E erk Ma or E Date: Date: 0 U- Witnesses for CONTRACTOR:. Sigifakure of per-sco—'n—authorized to E 4g&na utu r e L legally bind Corporation Date: David Seraikas Vice President C44 Date Print Name and Title Siemens Industry, Inc. Address:.3021 N Commerce Parkway E Signature Miramar, FL 33025 U) 954-364-6600 Telephone Number Date W ca MONROE COUNTY ATTORNEY 0 A 1 E ASTOVORM PPR z Ct tEIS BROSIO U- ATToSNEY ASSISTA -COD E DOW, 35 Packet Pg. 915