4th Amendment 04/21/2021 A Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: April 23, 2021
TO: Alice Steryou
Contract Monitor
FROM: Pamela G. HancoCC.
SUBJECT: April 21" BOCC Meeting
Attached is an electronic copy of die following item for your handling:
C17 4th Amendment to Agreement with Siemens Industry, Inc. for Fire Mann 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 months,while negotiating terms of a Sole Source Agreement, at a
cost of$168,606.01, plus repairs. Funding is ad valorem and Fines& Forfeitures.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: Facilities Supervisor
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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 terns 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 terns 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 Proaram 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 889, 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 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.
(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
}�T-.� IN WITNESS WIiEREOF,the parties have hereunto set their hands and seal,the day and
rrst written above.
` it - ,
19
'e'T 444 BOARD OF C ONERScc�
,,� ',t >F9^ a •. KEVIN MA OK,CLERK OF b/�}/rQ(' �IJIE U y=A
y: Br'
As Deputy Clerk Mayor Af
Date: il, .1'o YI Date: I P. 7.11
Witnesses for CONTRACTOR: CONTRACTOR: -
SIEMENS INDUSTRY,INC.
Alcindor r-==ti r
Mathewson w 0-_
Shaw o.,,., ^;-bm= Daniel �.,s,a.,,®wa .2
Signature of person authorizedpz
Signature Alcindor Shaw legally bind Corporation r<_-�i
Zone FBA Manager r v
Date:
Dan Mathewson
Branch General Manager
Date Print Name and Title
Mangled ^.-.°.z.
Siemens Industry,Inc.,Smart Infrastructure
LoUAnn rzt=trarr Address: 3021 N Commerre Parkway
Signature Miramar, FL 33025
954-364-6600
Telephone Number
Dale
MOtROE COUNTY ATTONVEV 5 OFFICE
n�ves2vEn^ a rt_ 1
aA aTtTO'&f82f IORNEY
6
DATE(MMIDOdY M
A�EP CERTIFICATE OF LIABILITY INSU DICE 1010712D20
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 INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(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).
PRODUCER CONTACT
MARSH USA,INC. E: -- -NE p
AX
445 SOUTH STREET llo Fes} ------ I(A .wo}: - -
MORRISTOWN,NJ 079W-6454 E-MAIL
ADDRESS:
INSURER�S�AFFORDINGCOVERA GE NAIC� --
---- -
CN102147003-RAM-PROF-20/21 228 GRAM NOC60 - - INSURER A:HDI Global insurance Company 41343
INSURED INSURER SIEMENS INDUSTRY,INC. B:Travelers Propel Casually Co.of America 25674
_
1000 DEERFIELD PARKWAY INSURER C.The Travelers lndemnit Company 25658,
BUFFALO GROVE,IL 6W894513 INSURER D:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: NYC-009184004-24 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
--AWL SUBR _ _ ____ Por EfF POtlt Y EXP S
TYPE OF INSURANCE POLICY NUMBER D himporgyn
A X C ERCIALGENERALLiAsm-rY GLD11101-12 10101/2020 10101/2021 1,000,000
.l. EACH OCCURRENCE $
DAMAGE TO RENTED --
CLAIMS MADE ��OCCUR l e' PRE 1. ,
wo
�4Y j d MED EXP(Any one persor»} $ 100,000
PERSONAL&ADV INJURY $ 1' '
000
GEN'L AGGREGATE LIMIT APPLIES PER: QA GENERAL AGGREGATE $ 10,000,000
j � --
X POLICY __. PRO LOC �4 -- PRODUCTS-COMP/OP AGG $ INCL
JECT --
OTHER: $
B AUTiDB1OBILELIABILITif TC2J-CAP-7440L34A-TIL-20 101011i!020 1010112021 COMBINED SINGLE LIMITEa accident}_ $ 2,000,000
X ANY AUTO BODILY INJURY(Per person) $ N/A
D SCHEDULED
X OWNED BODILY INJURY(Peracdent) $ NIA
_ AUTOS ONLY AUTOS
X HIRED Ix
NON-OWNED PROPERTYDAMAGE -- — $ —__N/A
AUTOS ONLY AUTOS ONLY TPer arc dM} ___
$
UrdBRELLA LIAR OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE _
DED I RETENTION$ $
B WORKERS COMPENSATION UB-8P$3929A-20-51A(AOS) 10101 1 X PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER __
C ANYPROPRtETORlPARTNERtEXECUTiVE Y1 N UB-8P79233A-20-51-R(AZ,MA,OR,WI) 1010112020 101D112(}21 E.L EACH ACCIDENT $ 1,ow,ow
B OFRCERIMEMBEREXCLUDED? 0 N t A WXJ ( ) 10 11202(3 1010112021 __.
{Mandatory in NH} TUB7440L33820OH
E.L.DISEASE-EAE.MPLOYE $ 1,000,000
if yes,describe under "°" LIMIT 1 SIR
DESCRIPTION OF OPERATIONS below I E,L.DISEASE-POLICY LIMIT $
A PROFESSIONAL LIABILITY EOD5618801 1010112020 1010112021 1,000,000
Deductible:$1,000,000
DESCRIPTION OF OPERATIONS i LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE:JOB NO.NA.
SEE ATTACHED
CERTIFICATE HOLDER CANCELLATION
MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
INSURANCE COMPLIANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1111 12TH STREET,SUITE408 ACCORDANCE WITH THE POLICY PROVISIONS.
KEY WEST,FL 33040
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
Manashi Mukhelee w>c►+
@ 1985-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: CN102147003
LOC#: -Morristown
AC40R" ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY NAMED INSURED
MARSH USA,INC. SIEMENS INDUSTRY,INC,
1000 DEERFIELD PARKWAY
POLICY NUMBER BUFFALO GROVE,IL 60089-4513
CARRIER NAJC CODE
t EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER- --15- FORM TITLE: Cerfificate of Liabildy Insurance
RE:JOB NO.NA.
MONROE COUNTY BOCC IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE
LIABILITY INSURANCE POLICIES,
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 LESS.
ACORD 101 (2008101) 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
From: Slavik-Maria@MonroeCounty-FL.Gov
To: monroecountyfl monroecountyfl@Ebix.com
CC: Flatt-Jaclyn@MonroeCounty-FL.gov,Steryou-Alice@MonroeCounty-FL.Gov
Subject: RE: Updated COI Seimens
Date: 1/26/2021 7:20:32 AM
Attachment(s):
Hi Binni,
Attached is an updated COI for Seimens.
Thank you,
7&4tu4 Z' s am;6, CPM
Risk Administrator
1111 12th Street,Suite 408
Key West, Florida 33040
Office 305-295-3178
Fax 305-295-3179
slavik-maria(cDmonroecounty-fl.gov
POLICY NUMBER: TC2J—CAP-744OL34A—TIL-20
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.5., 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
5. 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
CA T3 40 02 15 Q 2015 The Travelers Indemnity Company.All rights reserved. Page I of 1
Includes copyrighted material of Insurance Services Office,Inc.with its permission.
POLICY NUMBER: GLDI 1101-12 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person OrOrcianization:
ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT
-Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV—Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 (9 Insurance Services Office, Inc.,2008 Page 1 of 1 n