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Item C21BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 2012 Division: Public Works Bulk Item: Yes X No _ Department: Correction Facilities Staff Contact Person: Robert Stone 305.289-6077 AGENDA ITEM WORDING: Approval to amend and exercise the first renewal option of the contract with Siemens Industry, Inc. for the testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriff's Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; the Courthouse Annex's fire alarm system, and the Marathon Government Center building automation system The amendment is to include the Crawl Key Medical Examiner's Office building automation system. ITEM BACKGROUND: The contract with Siemens Industry, Inc. provides for three one-year renewal options and an increase in quarterly payment 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 of 3%. PREVIOUS RELEVANT BOCC ACTION: On October 19, 2011, the BOCC approved award of bid and execute a new contract with Siemens Industry, Inc. CONTRACT/AGREEMENT CHANGES: Contract renewal will commence October 1, 2012 and terminate September 30, 2013; quarterly payments will increase by 3% CPI-U from $35,629.25 ($142,517.00 annually) to $36,698.13 ($146,792.51 annually). The amendment is to include the Crawl Key Medical Examiner's Office; quarterly at $1,989.00 ($7,956.00 annually) for total quarterly payments of $ 38,687.13 ($154,748.51 annually). STAFF RECOMMENDATIONS: Approval. TOTAL COST: $154,748.51 plus BUDGETED: Yes X No Additional services not to exceed $60,000 COST TO COUNTY: same SOURCE OF FUNDS: Fines and Forfeitures 101-20505-530340 REVENUE PRODUCING: Yes —No X /AMOUNT PER MONTH Year APPROVED BY: County AttY OMB/P1ang Risk Mana emen DOCUMENTATION: Included X Not Required. DISPOSITION: AGENDA ITEM # Revised 2/05 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Siemens Industry, Inc. October 1, 2012 September 30, 2013 Contract Purpose/Description: Contract Amendment to add the Crawl Key Medical Examiner's Office building automation system and 1 st Renewal for the testing, certification and maintenance of the Detention Center's fire alarm system, building automation system, and smoke control system; the Juvenile Justice Center's fire alarm system and building automation system; the Sheriff Administration Building's fire alarm system and building automation system, the Courthouse Annex fire alarm system; and Marathon Government Center's building automation system. Contract # Effective Date: Expiration Date: Contract Manager: Alice Steryou 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 09/21/12 Agenda Deadline: 09/04/12 CONTRACT COSTS Total Dollar Value of Contract: $ $154,748.51 + Current Year Portion: $ -0- repairs n/t/e $60,000 Budgeted? Yes® No ❑ Account Codes: 101-20505-530-340- Grant: $ N/A - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Division Director q-F-I-F Yes❑ No Risk Manz e ent �� Yes❑ Noc�y O.M.B./Purchasingil�--,,/�YeSE:] No0 J County Attorney Yes[:] No Comments: OMB Form Revised 2/27/01 MCP #2 Date Out -) 2, /2. AMENDMENT AND FIRST RENEWAL AGREEMENT TESTING, CERTIFICATION, AND MAINTENANCE MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM, APOGEE BUILDING AUTOMATION SYSTEM (HVAC), AND SMOKE CONTROL SYSTEM SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM (HVAC) KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM MONROE COUNTY (MARATHON) GOVERNMENT CENTER: BUILDING AUTOMATION SYSTEM THIS AMENDMENT AND FIRST RENEWAL AGREEMENT is made and entered into this 21st day of September, 2012, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West FL, 33040 and SIEMENS INDUSTRY, INC., (formerly known as SIEMENS BUILDING TECHNOLOGIES, INC.), (hereinafter "Contractor"), a Florida corporation, whose address is 1000 Deerfield Parkway, Buffalo Grove, IL 60089. WHEREAS, the parties hereto did on October 19, 2011 enter into a testing, certifications and maintenance agreement (hereinafter "Original Agreement"); and WHEREAS, the Original Agreement contains a list of the County facilities that are to be tested certified and maintained; and WHEREAS, the County requires the testing certification and maintenance of an additional facility and the Contractor is willing to perform such work; and WHEREAS, Paragraph 2, Scope of Work, needs to be amended to include the new facility in the list of the facilities that are covered under the agreement; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and WHEREAS, both parties find that it would be mutually beneficial to amend the Original Agreement to add the additional facility and; WHEREAS, both parties find that it would be mutually beneficial to enter this renewal 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 exercises the first of three (3) one-year options to renew the Original Agreement. This term will commence on October 1, 2012 and terminate September 30, 2013. 2. Paragraph 2 of the original agreement is amended to read as follows: 2. SCOPE OF THE WORK: SPECIFICATIONS FOR TESTING, CERTIFICATION, AND MAINTENANCE FOR VARIOUS PUBLIC FACILITIES LOCATIONS AS FOLLOWS: BUILDING AUTOMATION SYSTEM DEVICES IN CURRENT NUMBERS: BUILDING TYPE DESCRIPTION QUANTITY (# UNITS) MONROE COUNTY A VARIABLE AIR VOLUME (VAV) 26 DETENTION CENTER WITHOUT HEAT MONROE COUNTY B VAV WITH ELECTRIC HEAT 5 DETENTION CENTER MONROE COUNTY C VAV WITH FAN & ELECTRIC 9 DETENTION CENTER HEAT MONROE COUNTY D CONSTANT VOLUME WITH 14 DETENTION CENTER ELECTRIC HEAT MONROE COUNTY E FAN COIL UNITS 29 DETENTION CENTER SHERIFF'S A VAV WITHOUT HEAT 2� ADMINISTRATION BUILDING MONROE COUNTY C VAV WITH FAN & ELECTRIC 31 JUVENILE JUSTICE HEAT BUILDING MONROE COUNTY C VAV WITH FAN & ELECTRIC 22 GOVERNMENT CENTER HEAT CRAWL KEY MEDICAL C VAV WITH FAN & ELECTRIC 7 EXAMINERS OFFICE HEAT FIRE SYSTEM DEVICES PER BUILDING IN CURENT NUNIBERS: Monroe County Detention Center EST Svstem 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 gilding EST System Smoke Detectors 23 Heat Detectors 7 Duct Detectors (Smoke) 3 Manual Pull Stations 6 Tamper Switches 5 Flow Switches 5 Monroe County Courthouse Annex EST System IRC-3 Panel I Pull Stations 18 Ion Detectors 75 Photo Detectors 5 Duct Detector Modules 7 Thermal Detectors 8 Water Flow Modules 4 Supervisory Valve Modules 9 Control Modules (AHU shutdown, Elevator Recall) 10 Main Controller 1 Remote Zone Module I Zone Addressable System Card 2 Monroe County Juvenile Justice Building EST System Photo Smoke Duct Detectors 12 Ion Smoke Detectors I Photo Smoke Detectors 96 Heat Detectors 17 Water Flow Switches 4 Pull Stations 15 3. Paragraph 3 of the original agreement is amended to read as follows: SPECIFICATIONS -TESTING, CERTFICATION, AND MAINTENANCE A. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, Fl. 33040 SYSTEM: Fire Alarm System — EST The Contractor shall furnish all labor, material, equipment and documentation to comply with the authority having jurisdiction for the certification, maintenance, and testing of the Monroe County Detention Center's Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. The contractor shall maintain and test the "FIREWORKS" fire control system and provide and install the latest software upgrades as they become available. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: With the Owner's prior approval, the Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. The Contractor shall provide cost estimates of such repairs or replacements for Owner's approval. Reimbursement shall be in accordance with this Agreement. 6) FIRE DOOR EGRESS SYSTEM (FEAR): The Contractor shall conduct tests as recommended by NFPA 101 on the Fire Door Egress System. The Contractor shall test to verify proper function of the Fire Door Egress System in response to automatic activation from the fire alarm system or manual activation from the system operator's console. This test will also verify proper operation of Fire Door Egress System override priorities and system reset. B. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 33040 SYSTEM: APOGEE Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with the service requirements for the maintenance and testing of the Monroe County Detention Center's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial -up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify proper operation of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UP -GRADES: The Contractor shall install the latest up -grades to existing system as they become available. 4) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. d) CALIBRATION The Contractor shall provide evaluation and calibration of control loops to achieve peak building efficiency and occupant comfort. e) INSPECTION Verify proper operation of all VAVs and fan coil units. 6) SYSTEM PERFORMANCE SERVICES- REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours, upon Owner's request. 8) CORRECTNE 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 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. C. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, fl. 33040 SYSTEM: Smoke Control System The Contractor shall furnish all labor, material, equipment and documentation to comply with the service requirements for the certification, maintenance, and testing for the Monroe County Detention Center's Smoke Control System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: a) Smoke Control System Activation Test: The Contractor shall test to verify proper function of the Smoke Control System in response to automatic activation from the fire alarm system or manual activation from the system operator's console. This test will also verify proper operation of Smoke Control System override priorities and system reset. b) Smoke Control Svstem Activation Test: The Contractor shall: • Check Firefighter's Smoke Control Station for switch settings in auto position. • Deactivate stair tower pressurization system. • Run point log and verify that the system is in the normal state. • Perform manual smoke control system activation priority test. • 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 reqady for smoke control. • Document findings. Test performed per requirements set forth in the HVAC prints for Monroe County Detention Center (Reference sheet10.37) c) Firefighter's Smoke Control Station (FSCS) Test The Contractor shall test to verify operation of the FSCS by placing each FSCS switch into each of its active positions and observing the actual status or position of the corresponding smoke control equipment. d) Smoke Control Svstem FSCS Cabinet Test: The CONTRACTOR shall perform the following: • Check diagnostic LED's, fuses and surge transient protection devices. • Check line cards and function cards. Check cabling and ensure that all wiring and terminations are secure. • Check incoming AC power and power supply. Check power supply voltages and adjust to +5 volts if necessary. • Check the time and rest if necessary. • Visually inspect FSCS cabinet and observe operating environment. e) Smoke Control S stem Control Test er Smoke Control Zone: The Contractor shall perform the following: • Check and/or set starters of supply and return fans to their auto settings. 0 Initiate the auto smoke strategy form fire alarm system interface. Record all results on "Smoke Control Activation Test Record" form. • Verify, using PT group tables or wild carding, that each piece of smoke control equipment has been commanded per the schedule. • Verify operation. Record and document any problems. Reset smoke control system. f) EmergengY Power Test: The Contractor shall verify operation of smoke control system emergency power. Verify operation of each smoke control fan, damper and air - handling unit. Verify operation of FSCS under emergency power. 2) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contactor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement D. LOCATION: Sheriffs Administration Building 5525 College Road Stock Island, Key West, fl. 33040 SYSTEM: Fire Alarm System — EST The Contractor shall furnish all labor, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Sheriff's Administration Building Fire Alarm System - EST, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or 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. E. LOCATION: Sheriff's Administration Building 5525 College Road Stock Island, Key West, fl. 33040 SYSTEM: Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Sheriff's Administration Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours, upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. F. LOCATION: Monroe County Courthouse Annex 502 Whitehead Street Key West, Fl. 33040 SYSTEM: Fire Alarm System - EST The Contractor shall furnish all labor, materials, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Monroe County Courthouse Annex Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: 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 REPLACEIVIEIVT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. G. LOCATION: Monroe County Juvenile Justice Building 5503 College Road Stock Island, Key West, Fl. 33040 SYSTEM: Fire Alarm System The Contractor shall furnish all labor, equipment and documentation to comply with the authority having jurisdiction for the certification, maintenance, and testing for the Department of Juvenile Justice Building Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or 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 (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Juvenile Justice Building's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours, upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. I. LOCATION: Monroe County Government Center 2978 Overseas Highway Marathon, Ff. 33050 SYSTEM: Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Government Center Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. ?) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC AND/OR ELECTRIC EQUIPMENT MAINTENANCE: a) DIAGNOSTIC SERVICES: The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS: Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES: The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES- REVIEW AND EVALUATION: The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES: 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: Crawl Key Medical Examiner's Office 56633 Overseas Highway, MM56 Marathon, Fl. 33050 SYSTEM: Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Crawl Key Medical Examiner's Office Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. 4) PNEUMATIC AND/OR ELECTRIC EQUIPMENT MAINTENANCE: a) DIAGNOSTIC SERVICES: The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS: Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES: The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION: The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES: 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. 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. 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 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. N. QUALITY ASSURANCE PROGRAM The Contractor shall meet the Owner on a semi-annual basis to evaluate system performance and Owner's satisfaction with the quality of service that is being provided. Contractor is to schedule a meeting with the Owner at the beginning of the contract year and an update meeting six months into the contract year with the following being part of the agenda. Contractor shall compile all maintenance criteria and procedures for all systems and equipment as recommended by the Manufacturer. The maintenance criteria and procedures shall be formatted under major headings of which is then to be incorporated into a bar/Gantt chart schedule utilizing Microsoft Scheduler or equal, showing the Contractor's scheduled site visits and the tasks to be accomplished in order to complete. the contract's scope. O. STAFFING The Contractor shall provide qualified personnel needed to ensure the adequate and satisfactory monitoring and performance of the systems as required pursuant to this Agreement or by law. The Contractor shall utilize any and all other additional personnel that may be necessary for the maintenance of the systems during abnormal or emergency conditions for Monroe 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 The Contractor shall, when providing maintenance or repair services, maintain the systems in good condition and repair, including making all necessary repairs and replacements consistent with standard NFPA requirements and Fire Alarm System, Smoke Control System, and Building Automation System practices. The Contractor shall maintain the safety of the systems at a level consistent with applicable law and normal practices for systems of similar magnitude. The Contractor shall maintain the systems and equipment in good repair and in a neat, orderly and litter free condition in order to protect the systems against deterioration and to maintain the aesthetic quality of the facilities. The Contractor shall correct any material deficiencies, inefficient operation and maintenance of the systems throughout the term hereof pursuant to the provisions hereof for normal conditions in Monroe County, Florida for a period of twelve (12) months after the earlier of substantial completion of the work or first beneficial operation or use. All auxiliary equipment not manufactured by Contractor carries only such warranty as given by the manufacturer thereof and which is hereby assigned to County. THE EXPRESS WARRANTIES SET FORTH HEREIN CONSTITUTE CONTRACTOR'S SOLE WARRANTY OBLIGATION AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED. The Owner shall have the right to request copies of maintenance records maintained by the Contractor during normal business hours. The Contractor shall maintain the facility in such a manner as to keep all warranties in full force and shall not act, or allow any other party to act, so as to interfere with the effectiveness of such warranties. R. FINES AND PENALTIES The Contractor shall be liable for the following: 1) Any fines or civil penalties which may be imposed by any governmental or quasi -governmental agency or body; and 2) any judgments or liabilities arising from actions by non -government or quasi -governmental agencies or bodies for 6 i I violations of applicable county, state, and federal laws and regulations to the extent directly arising out of, or resulting from, the performance of its duties and obligations under this Agreement, including, without limitation, acts and omissions of the Contractor, its employees, agents, officers and subcontractors. The Contractor shall not be responsible for any fines or civil penalties due to legal proceedings concluded prior to execution of this Agreement, unless such fines or civil penalties are the direct result of an act or omission of the Contractor pursuant to the terms hereof. S. HOURLY LABOR AND MARKUP RATE Each bid shall also contain an hourly labor rate for upgrades, repair or replacement work not within the scope of maintenance and testing and a markup rate for materials and equipment furnished. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Florida Statutes §112.061. All repair work necessary requiring reimbursement for funding by the Owner will require prior approval by the Owner unless it is deemed an emergency and the Owner's representative cannot be contacted. In such case, documentation will be required certifying emergency requirement immediately after the fact. 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. Contractors shall be under staff escort and supervision at all times while in the secured envelope of the facility or anywhere inmates may have access to the work area. The escort shall have in his/her possession a contractor tool inventory. Any discrepancies in the tool inventory will be handled by the escort as outlined in Section 16 of the Monroe County Administrative Instruction #6606.2 and the Contractor shall remain at the facility until attempts of tool recovery have been completed. SMOKING POLICY - The Monroe County Detention Center is a non-smoking facility. Employees and contractors are not permitted to bring tobacco, cigarettes, cigars, lighters or matches into the secured envelope. If these items are brought into this facility, the act is considered to be an Introduction of Contraband which is punishable by law. The minimum action that a Contractor may expect from the Monroe County Sheriffs Office for Introduction of Contraband is to be permanently barred from future entrance to the facility. U. SPECIFICATIONS The specifications contained herein are considered to be the minimum standards required. The maintenance of the systems shall comply with all applicable Federal, State, and Local codes and ordinances. 4. Paragraph 4, subparagraph D, of the original agreement is amended to read 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 1st day of the following month in three (3) month periods. The CONTRACTOR shall invoice the COUNTY quarterly for the maintenance and testing performed under the Contract Documents contained herein. The Contract amount shall be as stated by the CONTRACTOR's proposal as follows: Monroe County Detention Center Sheriffs Administration Building Key West Courthouse Annex Monroe County Juvenile Justice Building Monroe County Government Center Crawl Key Medical Examiner's Office $73,971.51 per year $20,332.20 per year $ 6,354.07 per year $32,278.14 per year $13,856.59 per year $7,956.00 per year 5. All other provisions of the October 19, 2011 Original Agreement not inconsistent herewith, shall remain in full force and effect. THE REMAINDER OF THIS PAGE HA S BEEN INTENTIONALLY LEFT BLANK. IN WITNESS WHEREOF, the parties have herCLInto Set their hands and seal, the day and year first �krats n above, (SEAL) ATTEST.- DANNY L. KOLHAGE, CLERK m Date Witnm Printed Name witness signalUre Wifnes-,-, Printed Name Witness Sionature m BOARD OF COUNTY COMIMISSIONERS OF MONROE COUNTY, FLORIDA m SIEMENS INDUSTRY, INC. J11 TODD GALIMIDI ZONE MANAGER Titie SOUTH ATLANTIC 7�1 EY "N A 7 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 9 This Agreement is made and entered into this �Vday of October, 2011, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SIEMENS INDUSTRY, INC. ("CONTRACTOR"), a foreign corporation, whose address is 1000 Deerfield Parkway, Buffalo Grove, IL 60089. WHEREAS, COUNTY desires to provide testing, certification, and maintenance services for various public facilities, and WHEREAS, CONTRACTOR desires and is able to provide testing, certification, and maintenance services to various public facilities; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide testing, certification, and maintenance services to various public facilities, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the bid documents, exhibits, and any addenda only. 2. SCOPE OF THE WORK: SPECIFICATIONS FOR TESTING, CERTIFICATION, AND MAINTENANCE FOR VARIOUS PUBLIC FACILITIES LOCATIONS AS FOLLOWS: BUILDING AUTOMATION SYSTEM DEVICES, IN_CURRENT NUMBERS: Agreement 1 August 2011 BUILDING TYPE DESCRIPTION QUANTITY # UNITS MONROE COUNTY DETENTION CENTER A VARIABLE AIR VOLUME (VAV) WITHOUT HEAT 26 MONROE COUNTY DETENTION CENTER B VAV WITH ELECTRIC HEAT 5 MONROE COUNTY DETENTION CENTER C VAV WITH FAN & ELECTRIC HEAT 9 MONROE COUNTY DETENTION CENTER D CONSTANT VOLUME WITH ELECTRIC HEAT 14 MONROE COUNTY DETENTION CENTER E FAN COIL UNITS 29 SHERIFF'S ADMINISTRATION BUILDING A VAV WITHOUT HEAT 27 MONROE COUNTY JUVENILE JUSTICE BUILDING C VAV WITH FAN & ELECTRIC HEAT 31 MONROE COUNTY GOVERNMENT CENTER C VAV WITH FAN & ELECTRIC HEAT 22 FIRE SYSTEM DEVICES PER BUILDING. IN CURRENT NUMBERS: MONROE COUNTY DETENTION CENTER —EST SYSTEM Smoke Detectors 297 Heat Detectors 38 Duct Detectors (Smoke & Heat) 212 Manual Pull Stations 29 Tamper Switches 29 Flow Switches 13 MONROE COUNTY SHERIFF'S ADMINISTRATION BUILDING —EST SYSTEM Smoke Detectors 23 Heat Detectors 7 Duct Detectors (Smoke) 3 Manual Pull Switches 6 Tamper Switches 5 Flow Switches 5 MONROE COUNTY COURTHOUSE ANNEX —EST SYSTEM IRC-3 Panel 1 Pull Stations 18 Ion Detectors 75 Agreement 2 August 2011 Photo Detectors 5 Duct Detector Modules 7 Thermal Detectors 8 Water Flow Modules 4 Supervisory Valve Modules 9 Control Modules (AHU Shutdown, Elevator Recall) 10 Main Controller 1 Remote Zone Module 1 Zone Addressable System Card 2 MONROE COUNTY JUVENILE JUSTICE BUILDING —EST SYSTEM Photo Smoke Duct Detectors 12 Ion Smoke Detectors 1 Photo Smoke Detectors 96 Heat Detectors 17 Water Flow Switches 4 Pull Stations 15 3. SPECIFICATIONS — TESTING. CERTFICATION. AND MAINTENANCE A. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, Fl. 33040 SYSTEM: Fire Alarm System - EST The Contractor shall furnish all labor, material, equipment and documentation to comply with the authority having jurisdiction for the certification, maintenance, and testing of the Monroe County Detention Center's Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. The Contractor shall maintain and test the "FIREWORKS" fire control system and provide and install the latest software upgrades as they become available. Agreement 3 August 2011 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: With the Owner's prior approval, the Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. The Contractor shall provide cost estimates of such repairs or replacements for Owner's approval. Reimbursement shall be in accordance with this Agreement. 6) FIRE DOOR EGRESS SYSTEM (FEAR): The Contractor shall conduct tests as recommended by NFPA 101 on the Fire Door Egress System. The Contractor shall test to verify proper function of the Fire Door Egress System in response to automatic activation from the fire alarm system or manual activation from the system operator's console. This test will also verify proper operation of Fire Door Egress System override priorities and system reset. B. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 33040 SYSTEM: APOGEE Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with the service requirements for the maintenance and testing of the Monroe County Detention Center's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial -up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. Agreemerd 4 August 2011 c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify proper operation of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UP -GRADES: The Contractor shall install the latest up -grades to existing system as they become available. 4) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. d) CALIBRATION The Contractor shall provide evaluation and calibration of control loops to achieve peak building efficiency and occupant comfort. Agreement 5 August 2011 e) INSPECTION Verify proper operation of all VAVs and fan coil units. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis 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. C. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 33040 SYSTEM: Smoke Control System The Contractor shall furnish all labor, material, equipment and documentation to comply with the service requirements for the certification, maintenance, and testing for the Monroe County Detention Center's Smoke Control System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: a) Smoke Control System Activation Test: The CONTRACTOR shall test to verify proper function of the Smoke Control System in response to automatic activation from the fire alarm system or manual activation from the system operator's console. This test will also verify proper operation of Smoke Control System override priorities and system reset. auto position. b) Smoke Control System Activation Test: The CONTRACTOR shall: • Check Firefighter's Smoke Control Station for switch settings in • Deactivate stair tower pressurization system. • Run point log and verify that the system is in the normal state. • Perform manual smoke control system activation priority test. Agreement 6 August 2011 • After performing individual zone test, reset system. Document that system has been made ready. • Return stair tower pressurization system to active mode. • Reset smoke control system and verify that system is ready for smoke control. • Document findings. Test performed per requirements set forth in the HVAC prints for Monroe County Detention Center (Reference Sheet 10.37). c) Firefighter's Smoke Control Station (FSCS) Test: The CONTRACTOR shall test to verify operation of the FSCS by placing each FSCS switch into each of its active positions and observing the actual status or position of the corresponding smoke control equipment. d) Smoke Control System FSCS Cabinet Test: The CONTRACTOR shall perform the following: • Check diagnostic LEDs, fuses and surge transient protection devices. • Check line cards and function cards. Check cabling and ensure that all wiring and terminations are secure. • Check incoming AC power and power supply. Check power supply voltages and adjust to +5 volts if necessary. • Check the time and reset if necessary. • Visually inspect FSCS cabinet and observe operating environment. e) Smoke Control System Control Test per Smoke Control Zone: The CONTRACTOR shall perform the following: • Check and/or set starters of supply and return fans to their auto settings. • Initiate the auto smoke strategy from fire alarm system interface. Record all results on "Smoke Control Activation Test Record" form. • Verify, using PT group tables or wild carding, that each piece of smoke control equipment has been commanded per the schedule. • Verify operation. Record and document any problems. Reset smoke control system. f) Emergency Power Test: The CONTRACTOR shall verify operation of smoke control system emergency power. Verify operation of each smoke control fan, damper and air -handling unit. Verify operation of FSCS under emergency power. 2) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing Agreement 7 August 2011 components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. D. LOCATION: Sheriffs Administration Building 5525 College Road Stock Island, Key West, FL 33040 SYSTEM: Fire Alarm System - EST The Contractor shall furnish all labor, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Monroe County Courthouse Annex Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or 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. E. LOCATION: Sheriffs Administration Building 5525 College Road Stock Island, Key West, FL 33040 SYSTEM: Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Agreement 8 August 2011 Sheriff's Administration Building's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES Agreement 9 August 2011 The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours, upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. F. LOCATION: Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 SYSTEM: Fire Alarm System - EST Agreement 10 August 2011 The Contractor shall furnish all labor, materials, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Monroe County Courthouse Annex Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: 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. G. LOCATION: Monroe County Juvenile Justice Building 5503 College Road Stock Island, Key West, Florida 33040 SYSTEM: Fire Alarm System The Contractor shall furnish all labor, equipment and documentation to comply with the authority having jurisdiction for the certification, maintenance, and testing for the Department of Juvenile Justice Building Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: Agreement 11 August 2011 The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as 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 (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Juvenile Justice Building's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. Agreement 12 August 2011 c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. Agreement 13 August 2011 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours, upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. I. LOCATION: Monroe County Government Center 2978 Overseas Highway Marathon, Florida 33050 SYSTEM: Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Government Center Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: Agreement 14 August 2011 The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC AND/OR ELECTRIC EQUIPMENT MAINTENANCE: a) DIAGNOSTIC SERVICES: The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS: Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES: The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION: The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES: Agreement 15 August 2011 The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. J. RESPONSE TIME - Monday through Sunday, 24 hours per day: The Contractor shall provide emergency service between scheduled preventative maintenance calls, Monday through Sunday, including holidays, 24 hours per day. Emergencies are to be determined by the Owner. K. ON -SITE RESPONSE The Contractor shall be on -site to provide emergency service within 24 hours upon the Owner's request. Non -emergency calls as determined by Owner will be incorporated into the next scheduled preventative maintenance visit. L. DOCUMENTATION OF ALL SERVICES PROVIDED The Contractor shall document each on -site service call and furnish the Owner with a copy showing time, date, and a brief description of activity. Work orders for on -site system preventative maintenance will list the inspection date, individual to report to, equipment identification, equipment location, work to be performed, and any special instructions. All documentation shall be submitted to the Owner by the Contractor with the quarterly invoice for payment. M. QUALITY ASSURANCE PROGRAM The Contractor shall meet the Owner on a semi-annual basis to evaluate system performance and Owner's satisfaction with the quality of service that is being provided. Contractor is to schedule a meeting with the Owner at the beginning of the contract year and an update meeting six months into the contract year with the following being part of the agenda. Contractor shall compile all maintenance criteria and procedures for all systems and equipment as recommended by the Manufacturer. The maintenance criteria and procedures shall be formatted under major headings of which is then to be incorporated into a bar/Gantt chart schedule utilizing Microsoft Scheduler or equal, showing the Contractor's scheduled site visits and the tasks to be accomplished in order to complete the contract's scope. N. STAFFING The Contractor shall provide qualified personnel needed to ensure the adequate and satisfactory monitoring and performance of the systems as required pursuant to this Agreement or by law. The Contractor shall utilize any and all other additional personnel that may be necessary for the Agreement 16 August 2011 maintenance of the systems during abnormal or emergency conditions for Monroe County, Florida upon receipt of approval of such additional personnel by the Owner. O. MATERIALS AND EQUIPMENT Such tools and equipment acquired by the Owner or by Contractor for the Owner with budgeted funds will remain a part of the facility upon 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. P. MAINTENANCE, REPAIR AND REPLACEMENT The Contractor shall, when providing maintenance or repair services, maintain the systems in good condition and repair, including making all necessary repairs and replacements consistent with standard NFPA requirements and Fire Alarm System, Smoke Control System, and Building Automation System practices. The Contractor shall maintain the safety of the systems at a level consistent with applicable law and normal practices for systems of similar magnitude. The Contractor shall maintain the systems and equipment in good repair and in a neat, orderly and litter free condition in order to protect the systems against deterioration and to maintain the aesthetic quality of the facilities. The Contractor shall correct any material deficiencies, inefficient operation and maintenance of the systems throughout the term hereof pursuant to the provisions hereof for normal conditions in Monroe County, Florida for a period of twelve (12) months after the earlier of substantial completion of the work or first beneficial operation or use. All auxiliary equipment not manufactured by Contractor carries only such warranty as given by the manufacturer thereof and which is hereby assigned to County. THE EXPRESS WARRANTIES SET FORTH HEREIN CONSTITUTE CONTRACTOR'S SOLE WARRANTY OBLIGATION AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED. The Owner shall have the right to request copies of maintenance records maintained by the Contractor during normal business hours. The Contractor shall maintain the facility in such a manner as to keep all warranties in full force and shall not act, or allow any other party to act, so as to interfere with the effectiveness of such warranties. Q. FINES AND PENALTIES The Contractor shall be liable for the following: 1) Any fines or civil penalties which may be imposed by any governmental or quasi -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 Contractor shall not be responsible for any fines or civil penalties due to legal proceedings concluded prior to execution of this Agreement, unless such fines or civil penalties are the direct result of an act or omission of the Contractor pursuant to the terms hereof. Agreement 17 August 2011 R. HOURLY LABOR AND MARKUP RATE Each bid shall also contain an hourly labor rate for upgrades, repair or replacement work not within the scope of maintenance and testing and a markup rate for materials and equipment furnished. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Florida Statutes § 112.061. All repair work necessary requiring reimbursement for funding by the Owner will require prior approval by the Owner unless it is deemed an emergency and the Owner's representative cannot be contacted. In such case, documentation will be required certifying emergency requirement immediately after the fact. S. SPECIAL PROVISIONS TOOL CONTROL PLAN —The Monroe County Detention Center requires a Public Works Department staff member to inventory all visitor's and contractor's tools on the approved Visitor/Contractor Tool Inventory form prior to entering and departing the facility. Only those tools necessary for the project will be allowed inside the facility. Contractors shall be under staff escort and supervision at all times while in the secured envelope of the facility or anywhere inmates may have access to the work area. The escort shall have in his/her possession a contractor tool inventory. Any discrepancies in the tool inventory will be handled by the escort as outlined in Section 16 of the Monroe County Administrative Instruction #6606.2 and the Contractor shall remain at the facility until attempts of tool recovery have been completed. SMOKING POLICY —The Monroe County Detention Center is a non-smoking facility. Employees and contractors are not permitted to bring tobacco, cigarettes, cigars, lighters or matches into the secured envelope. If these items are brought into this facility, the act is considered to be an Introduction of Contraband which is punishable by law. The minimum action that a Contractor may expect from the Monroe County Sheriff s Office for Introduction of Contraband is to be permanently barred from future entrance to the facility. T. SPECIFICATIONS The specifications contained herein are considered to be the minimum standards required. The maintenance of the systems shall comply with all applicable Federal, State, and Local codes and ordinances. 4. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on quarterly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such 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 be paid pursuant to Florida Statute 112.061 and Monroe County Ordinance. Agreement 18 August 2011 D. COUNTY shall pay to the CONTRACTOR for the performance of all services except those identified herein as "Corrective Maintenance and Component Replacement" ("Additional Services") on a per quarterly, in arrears basis on or before the I't day of the following month in three (3) month periods. The CONTRACTOR shall invoice the COUNTY quarterly for the maintenance and testing performed under the Contract Documents contained herein. The Contract amount shall be as stated by the CONTRACTOR's proposal as follows: Monroe County Detention Center $71,817.00 per year Sheriff's Administration Building $19,740.00 per year Key West Courthouse Annex $ 6,169.00 per year Monroe County Juvenile Justice Building $31,338.00 per year Monroe County Government Center $13,453.00 per year E. COUNTY shall compensate the CONTRACTOR for Additional Services performed under this Agreement, as follows: i. The actual cost of parts and materials, excluding freight and taxes which are reimbursed as charged with no markup, purchased from a manufacturer plus see Attachment 1 for percentape. A Manufacturer's Invoice must accompany all requests for payment for any part, which exceeds $500.00, and may be requested at the discretion of the Owner for any part, regardless of the cost. If the CONTRACTOR and the Manufacturer are the same entity, CONTRACTOR shall confirm and provide the COUNTY with best customer pricing status. ii. Contractor's labor and equipment costs for additional services performed under this agreement will be calculated using the unit prices set forth in the CONTRACTOR's bid as follows: 1. Labor — normal working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays see Attachment 1 for hourly rates 2. Labor — overtime rate, other than the normal working hours, including weekends and holidays see Attachment 1 for overtime hourly rates iii. Total Compensation to CONTRACTOR for additional services under this Agreement shall not exceed SIXTY THOUSAND AND N0/100 DOLLARS ($60,000.00) unless pre -approved emergency work requiring additional funds is implemented. 5. TERM OF AGREEMENT This Agreement shall commence on October 1, 2011, and ends upon September 30, 2012, unless terminated earlier under paragraph 19 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional three (3) one-year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 60 days prior to the end of the initial term. Unless the contract clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. Agreement 19 August 2011 6. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 7. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. I€ an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to CONTRACTOR. S. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 9. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (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 only to the extent caused directly by, (A) any activity of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees during the term of this AGREEMENT, (B) the direct negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Agreement 20 August 2011 - Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTTY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $500,000 bodily injury by accident, $500,000 bodily injury by disease, policy limits, and $500,000 bodily injury by disease, each employee.. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300, 000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $100,000 per person, $300,000 per occurrence, and $50,000 property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of liability of not less than$1,000,0 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 days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 12. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that Agreement 21 August 2011 discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement.. 13. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 14. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS 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 Iimited 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 tern of this Agreement. 15. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will Agreement 22 August 2011 be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 16. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 17. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, Fl. 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 18. TAXES FOR CONTRACTOR: Siemens Industry Inc. ATTN: Joe Summerlin, Account Executive 3021 N. Commerce Parkway Miramar, FL 33025 and Siemens Industry, Inc. 1000 Deerfield Parkway Buffalo Grove, IL 60089 COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. Agreement 23 August 2011 19. TERMINATION A. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. B. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 20. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 21. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 22. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining 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 COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. Agreement 24 August 2011 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida 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 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 All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Agreement 25 August 2011 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the 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. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 34. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument. 35. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 36. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of Agreement 26 August 2011 a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 37. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship 38. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 39. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 40. FORCE MAJEURE Contractor shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by circumstances beyond its control, including but not restricted to acts or omissions by County or its employees, agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft, corrosion, flood, water damage, lightning, freeze - ups, strikes, lockouts, differences with workers, riots, explosions, quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of any such delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable recovery period. 41. CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY Anything herein notwithstanding, in no event shall either County or Contractor be liable to the other party for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages and, in any event, Contractors aggregate liability for any and all claims, losses or expenses arising out of the Agreement, or out of any goods or services, furnished under the Agreement, whether based in contract negligence, strict liability, agency, warranty, trespass, indemnify or any other theory of liability shall be limited to the lesser of $1,000,000 or the total compensation received by Contractor from County under the Agreement. Agreement 27 August 2011 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: C . Deputy 06rkL•:.:4 Date: I L —l Cl- it WITNESSES for CONTRACTOR: Signature i� Date r jr Jr Signatdre Date Date: I O- t °I - it SIENTNS INDUSTRY, INC. Si re of pefso"h4uthorized to legally bind C rpor lion Date: c t1 tl-ih6)A G00,A 16 r Print Name Address:' -;DU Telephone Number: CI5 -6600 Y-O P 9k. ON: wrWOlumb--ZOOMP AW-W h L.wr 9NmNamrRegina. a �'rn=YuN R2ljlna MI..MLM.16 0"129-05'W O N i C` i r C:'. L. ('� IiiAaer .r — Agreement 28 August 2011 it SSE [DNS At t a oboent 1 South Florida LABOR and MATERIAL RATES EFFECTIVE J400"ry 1, 291.0 HVAAC Mechanic- P pef tter S.Decial stlFechn cian or Electrical Instalter Building.A6tomation S145 001h,r Mechanic :022.5f31hr Fire Lift Safety $135.;001ltr Electrical Installer b122.301hr Security $135.001hr Aaplicatl in fingineer-11 S175.001hr Proiecl Manager S17S,OQlhr OVERTIME RATES: overtime Rates are defined as follows: MONDAY - FRIDAY (Outside of Normal Business Hours') = 1•..5 x APPROPRIATE RATE SATURDAY'S 1.5 x.APPAOPPJATE RATE SUNDAYS-& HOUDAYS - 2.0 x:APM. PMATE AM 4NORMALi3USINESS HOURS 8 00 AM - 5.00 PM, MONDAY THRU FRIDAY MINIMUM SEAVIC€.TIME 4 HOUR MINIMUM CHARGE, dispatch or via Siemens On -Line Service Advantage.Seryke C,Qritra.ct Customers:. • RECEIVE A 50% DISCOUNT KROM CURRENT PYBLISHED LIST PRICE ON BUILDING AUTOMATION COMPONENTS as published irr.the.Powers:controls Pneumatic-10 ronic & Apogee Automation PRICING GUIDE. • RECEIVE "Trade Ner /RILING FROM SIEMENS FIRE.SAFETY COMPONENTS as published In the FIRE'SAFETY PRIC.ELIST: • ALL OUTSIDE MATERIAL INCLUDING MATERIAL FROM OTHER SIEMENS DIVISIONS WILL BE SOLD PER TH. E OUTSIDE PUkcHASJE MARK-UP SCHEDULE. • RECEIVE A 20%DISCOUNT ON TECHNICAL LABOR (PROJECT MANAGER. APPLIC. ENGINEER. SPECIAU5TFTE€HNICIAN) • RECEIVE:A 20% DISCOUNT ON MECHAN1CALIRECTRICAL LABOR (HVAC MECHANIC, PIPEPITTER, ELECTRICAL INSTALLER). • 2 H.O t,MINIMUM.CIIARGE, dispatch or via Siemens.On•Li6e Service Mark-U'q for Outside Purchased Material For use where calculating pricing of non-standard products for Labor & Material and Nan -Installed product lines... SIEMENS: COST MULTIPLIER $ Ul thru $ 150.00 - X .2.00 $ 150.01 thru $ 500.00 = X 1.75 500.01 thru $ 5.,000' 00 - X 1.65 $ 5.000.01 and up = X 1.55 Siemens Building Technologies, Inc 3021 N Commerce Pkwy 2969.SW 42ntl Avenue Miramar, FL 33025 P2Itn City, 'FL 3499f1 (954) 36"600 (772) 419=2800