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Item C03 C.3 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting October 19, 2022 Agenda Item Number: C.3 Agenda Item Summary #11093 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval of a First Amendment to Agreement with Siemens Industry, Inc., as a Sole Source provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Building Automation Systems on Monroe County facilities adjusting the contract amount by a 5.5% increase and updating a Federal provision. Funding is Ad Valorem. ITEM BACKGROUND: Siemens Industry, Inc. (Siemens), as a sole source provider, provides for the testing, certification, and maintenance of the fire alarm system, building automation system, and smoke control system of the Corrections' facilities and other County owned buildings under a contract which was approved by the Board on April 20, 2022. Siemens provides its services on the new Desigo systems which were installed under a May 2020 Siemens' Agreement. The new Sole Source Agreement has an initial term of three (3) years with three (3) optional one-year renewals. The initial term commenced retroactive to October 1, 2021, and terminates on September 30, 2024, unless the renewal options are exercised. The contract amount for the first year for the testing, certification, and maintenance services was $239,000.00, plus repairs. The Agreement provides for an annual price adjustment which shall be the annual CPI-U of the previous year as of December 31 or a 5.5% increase, whichever is lower. The CPI-U on December 31, 2021 was 7%. This First Amendment is requesting approval of an increase of five and five tenths percent (5.5%), which is less than the aforementioned CPI-U of 7%. The contract amount for the second year for the testing, certification, and maintenance services shall be $252,145.00, plus repairs, with this price increase to be retroactive to October 1, 2022. This Amendment also updates one Federal contract provision by including an Energy Efficiency clause. PREVIOUS RELEVANT BOCC ACTION: April 20, 2022 BOCC approved a negotiated Agreement with Siemens Industry, Inc. as a Sole Source provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Building Automation Systems on Monroe County facilities. Packet Pg. 93 C.3 April 21, 2021 BOCC approved a month-to-month renewal agreement with Siemens Industry, Inc. pending negotiations to take place with Siemens until a satisfactory Sole Source agreement was achieved and then for it to be placed on an agenda for approval by the BOCC. March 17, 2021 BOCC approved a request for a waiver of the Monroe County Purchasing Policy provisions to designate Siemens Industry, Inc. as a Sole Source Provider so that the expiring Contract with Siemens Industry, Inc. could be negotiated and renewed as a sole source. May 20, 2020 BOCC approved the replacement of the existing, no longer supported Environmental Building Management Systems (EBMS)with a Desigo Enterprise BMS for the amount of$237,583.06 allowing the County to monitor additional sites remotely and locally in a unified system. This replaces obsolete systems in critical facilities. CONTRACT/AGREEMENT CHANGES: First Amendment to Agreement with Siemens Industry, Inc. to increase the contract amount by 5.5% and update a Federal provision. STAFF RECOMMENDATION: Approval DOCUMENTATION: 10-1 9-2022-Siemens First Amendment to Agreement(Final legal stamped)Partial Exec S3_Siemens Industry Agreement(fully executed April 2022) Notice of Intent MC Siemens 10-15-21 Executed Sole Source - Siemens Physical Maintenance_from Tech Services_IT 2022 04 COI Siemans Cyber Signed exp 10 123 2022 10 COI Siemans Signed exp 10 12023 FINANCIAL IMPACT: Effective Date: Retroactive to 10/01/2022 Expiration Date: 9/30/2024 (end of initial three year term, unless options to renew are exercised) Total Dollar Value of Contract: $757,157.98 for the first 3 years,plus *Repairs/Addl. Services (The total value of the contract will increase if any of the three (3) one-year renewal options are exercised.) Total Cost to County: $757,157.98 for the first 3 years plus *Repairs/Addl. Services Current Year Portion: $252,145.00 plus *Repairs/Addl. Services Budgeted: Yes Source of Funds: 20501 and 20505 CPI: yes Packet Pg. 94 C.3 Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes (COIs need updated& approved by Risk) Additional Details: Siemens is designated as a Sole Source provider. The initial term is for three (3) years, with an additional three one-year renewal options. There is an annual price adjustment of either the CPI-U as of December 31st or 5.5%,whichever is lower. *Repairs/Additional Services per contract year shall not exceed $145,000.00 per year, unless other emergency work is approved,in addition to any CPI-U increases. 10/20/21 101-20505 - CORRECTION FACILITIES $458,080.58 10/20/21 001-20501 - FACILITIES MAINTENANCE $299,077.40 Total: $757,157.98 REVIEWED BY: Patricia Eables Completed 10/04/2022 12:07 PM William DeSantis Completed 10/04/2022 12:29 PM Kevin Wilson Completed 10/04/2022 3:09 PM Alan MacEachern Skipped 09/02/2022 11:52 AM Purchasing Completed 10/04/2022 3:48 PM Budget and Finance Completed 10/04/2022 3:54 PM Brian Bradley Completed 10/04/2022 4:13 PM Lindsey Ballard Completed 10/04/2022 4:24 PM Board of County Commissioners Pending 10/19/2022 9:00 AM Packet Pg. 95 cou � �GJ�S COURTS °°fi' A Kevin Madok, CPA . . �b Clerk of the Circuit Court& Comptroller— Monroe Count Florida �ROE COUNSy' 11 DATE: May 3, 2022 TO: William DeSantis, Director Facilities Maintenance Chrissv Collins Executive Administrator FROM: I.iz Yongtte, Deptity Clerk S1.113JEC ': April 20th BOC"C Meeting. Attached is an electronic copy of t:he following item f«t-v°our hatulling: S3 Agreement Nvith Sie.tnne.ns lndttstt-y, Inc. as a Sole Source provider-for testing, certification, and maintenance of Fire Alarm, ,Smoke Control, and Building Automation Systems on Monroe County facilities. Funding is Ad Valorem and Fines and Forfeiture. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 SOLE SOURCE AGREEMENT WITH SIEMENS INDUSTRY! INC. FOR TESTING, CERTIFICATION, AND MAINTENANCE OF ENVIRONMENTAL BUILDING MANAGEMENT SYSTEMS MONROE COUNTY, FLORIDA "I'llPs Agreement is made and entered into this 20th (lay of April, 2022, by and through MON110E COUNTY, FLORI.DA ("COUNTY" or "OWNER.") a political subdivision of the Stated Florida, whose address is, I 100S.imonton Street,Key West,Hori&33040,and SIEMENS INDIJSTRY, INN ("CONTRACTOR" or "SIEMENS")) as Delaware corporation, authorized to do business hi the State of Florida as a 1,oreign-for-l"rolit(.`,orporation, whose principal address is 1004'echnology Drive, Alpharetta, Georgia.30005, and whose mailingaddress for the PUrPOSCS Of this Agreement is 3021 N. Con,nnercc Parkway, Miramar, Florida 33025, and whose mailing address for paynient is 1000 Deerfield Parkway, Buffalo Grove, Illinois 60089-45 13, (with each being a. "PARTY" and collectively referred to as the"PARTIES"), WIJEREAS, COUNTY and CON1 I RACTOR have bad a loag-time contractual relationship under an Agreement with SIEME'NS dated April 20, 2016, as, amended ("Original Agreement"), with CONTRAC"FOR providing testing, certification, and maintenance services for certain fire and alarm systems at various public facilities; and WHEREAS, the COUNTY desires to have continued testing, certifilc�ation, and maintenance services for its lilnvironmental Building Management Systems ("EBMS"):at various pUbliefiaeihtics utilizing new technology; and WHEREAS, the CONTRACTOR desires and is able to provide testing, certification, and maintenance services for the EBMS systems at these public facilities; and WHEIZEAS, the Monroe C.ourny Board of Comity Coinmissioners ("BOCC") hereto did on May 20, 2020, approve the replacement of the existing obsolete al.)pkcations with Desigo C(,.' enterprise software for expandina Desigo' s capabilities to all Counly buildings with an enterprise unified.solution. The upgrade iticludes the Software as a Service (Saas), Navigator, as Cloud based Mass Dataa Manager and Fatflt Detection Diagnostic Engine, for monitoring an(I reporting of the County chillers and heating, ventilation, and air conditioning systerns ("I-fVACs")., Some of(lie new installed Software is Proprietary to SIEMENS; and WHEREAS,, SIEMF,,,NS presented Proposal No. 5609848 dated February 10, 20:21, to COUN"IN setting 6orth fl1eSC1-ViCC8 it could provide for the EBMS systems at tile Public Eacilitics; and WHEIM,AS,the BOCCapproved on March 17,2021,as request for awaiver of the Monroe C011,11ty PLIM11,113,ing Policy Provisions to designate Siernenshulustry, Inc.as a,Sole Source Provider Sionems Agrmuent—F"I"feeflve October 1,2021 I so that the expiring ("ontract with Siemens fndustry, Ine, Could be negotiated and renewed as a sole source contract; and NV UEREAS, on April 21, 2021, the 130C C approved as Fourth Aniendment to extend the term of the Original Agreement on as month-to-month basis, not to exceed (six) Cr inontlis pending negotiations an terms of a Sole Sourcc Agreement; arid WHEREAS, the last extended term of the Original Agreement was to expire on October 20�, 2021, and,the Parties executed as Notice of"item dated September 30, 2021, to continue all old set vices and the proposed new services offered by Siemens during the interim period until a new agrectneni, was,,reached and approved by the BOCC; and WHEREAS, the O(JN'FY now desires to terminate its Original Agreciricilt with SIEMENS, as amended, as of October 1, 2021, and enter into this new Sole Source Agreement retroactive to October 1, 2021; and WFIEREAS, it serves an important and lCgitinlate public purpose for(',,'0N'FR,A("'l I OR to provide testing, certifica6)n, arid maintenance services arid to monitor and control the Environ,niental BUi1diftg Management Systems at these various public facilities, NOW, THEREFORE,in consideration of the mutual covenants awd prornises contained herein, the PARTIES hereto enter into this Sole Source Agreement ("Agreement") (in tire terms, and contlitions set forth below. 1. "THE AGREEMENT This Aereernent, includes and consists of this contract document, Exhibits "A", "B", 11) arid"D", Appendix "A", Appendix "B", and all otherattachtrtemts hereto, 2. SCOPE OF SERVICES C,ONTRACTOR.shall perform the Scope of Servicesrequired under this Agreemen( which shall include, but is not limited to, the work specified in Exhibit "A" (the "Scope of Services"), atlacliccl hereto and remade a part hereof. The Scope of Services is a description of CONTRACTORS obligations and responsibilities and is deenied to inclUde preliminary considerations arid prerequisites,and all labor,materials,equiptnent,and lasks that are such an inseparable part of the work described that exclusion would render performance by CON'FRACTOR impractical, illogical, or unconscionable, CONTRAC"FOR shall provide its, services, at the (.7OUN"I'Y facilities as identified in Exhibit "A", attached hereto, as arnended [hroughOL11 the term of this Agreement, . Any services Linder this Agreement deemed as"Additional Services,"and identified herein as "Corrective Maintenance arid Component Replacement," shall be further delineated in the Scope of Services attached hereto a,,; Exhibit"A". 2 Siemens Agreement i,.ffecfivc October 1,2021 3. 'rERM OF ACal EEN/WNT This three (3) year Agreement shall commence retroactive to October 1, 2021, and terminates upon September 30, 2024, unless, terminated earlier in accordance with Paragraph 27 of this Agreement, The COUNTY shall have the option to renew this Agreement fbr up to an additional three (3) oilw-year periods on ternis and conditions mutually agreeable to the parties,exercisable upon written notice given.at least sixty(60)days' prior to the end of initial term. Unless the contract clearly indicates, otherwise, references to the "term" of this Agreement shall nican. the initial terns of dirce(3)years. The COUNTY is j)ot required to state a reason if it elects not to renew, 4. MAINTENANCE, REPAIR,.AND REPI.JACEMENT "The: CONTRAcrOR shall, when providing maintenance ors repair services, niaintaill the systerns in good condition and repair, including making all necessary repairs and replacentents,consistent with standard NFPA requirernentsand Fire Alarm System,Smoke Controt System, and Building AwOlnatiOrl System practices. The CONTRACTOR shall ,maintain the safety of the systems at a level eonsistentwith applicable law and normal practices for systems of sirviihir maguitllde. The CONTRAC,TOR. shall n'laintain the systerris and equipment in good repair and in as neat, orderly, and litter ftee 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 inaintenaacc of the systems throughout the term hereofpurAlaut to the Provisions hereof for normal conditions in Monroe C.ounty, Florida. All new work shall. be guaranteed for as pefiod of twelve (12) months after the earlier of the County accepted substantial completion of the work or first beneficial operation Or Use. All aLIXifiary cqdprnerit not manufactured by the CONTRACT0,1Z car-ries such warranty,,.ts given by the rnanUR)-Ct(J,1'ef thereof alid which is hereby assigned to the County. The OWNER shall have the right to request, during normal business hours, copies of rimintenance records maintained by tire (..'0NTR.AC'1'0R,. The (-ON-l-RACTOR shall maintain the facility in such a manner as to keep all wirranties in full force and shall not act, or allow any other party to act, sea as to interfere with the effectiveness of such warranties. SIEMENS will not be r(-,.;sponsible for the maintenance, repair, or replacement of, or Services necessitated by reason of: (a)non-maintainable,non-replaceable or obsolete parts of the EqUiptIlet1t, inctuding but not limited to ductwork, shell and tubes, heat exchangers, coils, unit cabiacts, casings, reli-actory material, electrical wiring, water and pnek,uriatic piping, structural supports, cooling tower Tilt, slats and basins, etc. unless otherwise expressly stated elsewhere in this Agreement; or (b) negligence,, abLISC, ruiSuse, improper or inadeqUatC repairs or modifications, improper operation, lack of operator rnafiritenance or skill, or failure to comply with manuflacturer's operating and environnictual requirenients. Sl.F,,MF,NS is not responsible for repairs, replacements, or services to Equipment (ILIC to Wrrostori, erasion, improper or inadequate water Irealinent by others, electrolytic or cheinical action, or reasons, beyond its reasonable control. 5. HNES AND PENAI..,TIES 3 Siemens Agrcenwnt—[.ffccdvc October 1,2021 The C"ONTRAC,TOR shall be liable for the following: 1) Any fines or civil penalties whicli may be imposed by any governnicntal or quasi-governmental agency or body; and 2) Any Judgments or liabilities arising -from actiODS by non-governti-tent or quasi-governinclital agencies or bodies for violations of applicable county, state, and federal laws and regulations to the extent directly arl'Sing 011it Of, Or VeSUlting from, the perf'orrilance of its duties and obfigatiol.18 Under this Agreement, including, without, [imitation, acts and on,iissions,of the CONTRACTOR, its einployees, agents, officers, and SUbcontractors. The CONTRACTOR shall not be responsible for any fines or civil penaltics due to legal proceedings, concluded prior to execution of this Agreement, infless such fines or civil penalties are the direct NSUll Ofaaact or onussion of the CONTRACTOR purstiant to ffic ternis hereof, 6. STAFFING /S.ERVICETEAM PLRSONNEI., The (.'ON"FR.A(TO:R shall assign only qualified, trained building set-vice personnel Catniliaj- Nvith the OWNER's building systems to perforrn services under this Agreement. 'rhe CONRACTOR shall provide sufficient numbers of qualified personnel needed to ensuiT the adequate and satisfactory monitoring and perf'orniance of the systems as required pUrsuant to this Agreenient or by law. The CON'l RACTOR shall utilize any and all other additional peill-sonnel, including a team of building experts at SIEMEN'S Digital Service Center, that may be necessary for the tiraillteDance of the systems during abnormal or emergency conditions ft.)f Monroe County, Floiida, upon receipt, of approval of such additional personnel by the OWNER, Any listed personnel ofC'0LjN1"Y or SIEMENS may change th,roughout the lerrn of this Agreement. So long as the specific individuals, named below rernELin actively employed or retained by the COT..JN"lY and SIF"MENS, they shall perforn-i the dL1fiCS indicated next to their names, Ifthey are replaced, the COUNTY or SIEMENS shall itriniediately notify the other party of the change in personnel and provide the name and contact inforination for the new person assigned to that position. At the fitrie Of CXeC116011 of this Agreement, the PARTIEZS anticipate drat the following CGUNTY and SIEMENS service team personnel assigned to this service agreement will include the following; S I E.W,N S a) Sales Executive (Bradley Ayres) — who will manage the overall strategic service plan based upon the COUN]1"Y's current and future service requirements. b) C'lient Services Manager --- who is responsible for ensuring (hat the contractual obligations are delivered, the COUNTY's expectations are being met, and the COUN'ry is satisfied with the delivery of SIEMENS' services. C) Primary Service Specialist ---. who is responsible for performing the ongoing service of the COUNTY systems. (1) Secondary Service Specialist who Nvill be finulliar with the COUNTY building systerns to provide in-depth backup coverage, C) Remote Services Specialist ­ who is responsible for rernote services, including report generation and backups, 4 SicinensAgreement- Lffccfivc0cLobcrJ,2021 f) Set-vice Operations Manager--- who is responsible for managing the delivery o f the entire support,program nand service rcquiremcnts. g) Service Coordinator-..-who is responsible for scheduling any planned maintenance visits, and handling any cmergency situ ations by taking the appropriate action. 11) Service Adminis(ratot-- who is responsible for all service invoicing, including both service agreement and service projects. COUN,ry: a) who will be responsible for monitoring and Contract Monitor (Alice Steryort) crisuring that the contractual, obligations are delivered, including but not, litniled to;, ensuring any reports are transmitted as required per the Agreement; ensuring compliance Ln Nvitll, financial provisions and delivery schedUle'.3; review and authorize payment of' all invoicing for services provided purst,mat to the Agreement, additional services, or emergacy services, and c(,),ordinates any arnen(hrmits that may become necessary for the Agreement. b:): Operations Administrator(13an Bensley) - who will be responsible fear CnAll-ilIg compliance with the technical requirements of the contract,, including but not limited to, ensuring coordination for testing and performance monitoring; coordinating ally emergency or acid i tiorut I services that may be required; ensuring coordination with Slernells, s ta N/personne 1:1 to troubleshoot iSSUes as they arise, and coordinate services with SIEMENS and the County Contract Monitor. c) Information Technology(ro"Liaison(Antonio DIvila) -who will be responsible for ensuring cornpliance and coordination with the COLInty'S internal network platform and any other IT functions being accessc(l or titilized Under the Scope of Work of' this Agreement. 7. BACKGROUND CHECKS/FIN(,'VERPRINTI NG CONTRACTOR employees Must consent to L,evet One backgrc)t,'ind checks and the reSUILS" are to be provided to the COUNTY within thirty (30) days of award of the contract. "flee C'OUNTY reserves the right to ref'ose personnel based on.1-CRIUS ofthe background check. The COUNTY reserves the right to demand of the C'ONTRACTOR replacement (If an employee for the(,'ON'TRACTOR if a conflict or problem with that employce should arise. 'I"he County's T",aci I ittes Ma intertance Director or his designee shal I have the right to require any employee(s) of the (.,',ONTRACTOR to be permanently removed from ally County facility serviced by the CONTRACTOR whenever it appears to be in the best interest of the Courity. It is the responsibility of the CONTRAC'I"OR. to inkm-m the Facilities Maintenance Director or his designee of all new hires and the results of the backgroutid check. The("I ON-l-RACTOR will be responsible for the SUPCYViSiOn, hiring, and firing of their own employees, and shall be solely responsible for the pay, worker's, compensation insurance,, and benefits. Sorne work will be COndUcted at secure facilities, including, but not limited to law crit,orcerrient and fire rescue. BackgrOUnd checks, including at mininium: 5 Sicincris Agreemem--Flffediw October 1,2021 A. Warrants check; 13. Fingerprints; C', Local Records elleck; D . Prior ernploynictit check; and E, ('ritninal History check are required ofContractor's personnel that, will enter Monroe CoLnity Sheriff's Office ("MCSO"') facilities. Background checks on such personnel will be conducted by the W"So. MC SO may prohibit entry to, or remove froin, any secure faci l ity any Contractor ernployce who, in, the J'udginent. of MCSO, poses a risk. U.) the security or good order of(fie facility. Thereafter, MCS0 and the C'ontractor will irrunediately discuss resok,lti011 Of the problem. If the Problem is not resolved. lo the satisfaction of the MCSO, the enipoycc shall not be permitted to return to any facility operated by the MCSO, Contractor will promptly replace the employee at no additional cost to County, Coll H'actot- further 'q)rrecs to notify County immediately upon becoming aware that onc of its employees or subcontractor's employees, who previously conip[eted the back 'ro d g .1tin check, is subsequently arrested or convicted of any crime, Failure by Contractor to notify C',ounty of such arrest or conviction within forty-eight(48) hours of being put on notice by the employee/subcontractor and/or within five (5) days of its Occurrence shall coristitute grounds for immediate termination of this contract by the County,'rhe parties further agree that Failure by Contractor to perforrn any of the dUties described in this paragraph shall constitute as material breach of the contract entitling County to terminate this, contract irnmed"ately with no further responsibility to make 1,mynient or perform any other dUticS described herein. 8. SPECI1 1., PROVIS IONS I TOO[., CONTROI.., PL.,,AN-------rhe Monroe County Detention Center requires, as Facilltics Maintenance Deparitnent staff rnembel, to inventory all 'visitor's and ("ONTRAC"I"OR's t1ools on the approved Visitor/Contractor Tool fn ventory form prior to entering and departing tire.fiacility, Only those to(,.)Is necessary for the project will be allowed inside the facility. CONTR ACTOR's staff shall be under staff escort and supervision at all times white in the secured envelope of the facility or anywhere inniates may have access to the work area. The escort shaall have irl his/her possession a CON'I'R ACTOR Tool friventory Fort'n. Any discrepancies in the tool inventory will be handled by the escort as outlined in Section X of the Mom-oc C.,ounty Administrative Instruction #6606A and the CONTRACTOR shall rernain at the facility until attempts of tool recovery have been co.n-apleted. SMOKING [)()Ll(..Y..........flic Monroe County Detention Center is a non-sinoking Pacility. Eiriployees and CC`.NTRA(-rORS are not permitted to bring tobacco, cigarettes, cigars, lighters, or 111"Itches irlto tile secured envelope, If these items are brotight into this facility, the act is considered to be an introduction of C"ontraband which is punishable by law, 'file minimum action that a CON"["'RA(I"I 0R may expect frorn the Monroe County Sheriff's 6 Siemens Agrecinent -.-F'Jfect ive Octobcr 1,2021. Office for Introduction of Contraband is to be permanently barred frorn futtire entrance to tile fac,i t i ty. 9. SPECI F[CATIONS The specifications contained herein are considered the tninin-tram standards re<,litired. Tile maintenance of the systerns.shall.comply with all.applicable Federal, State, and Local laws, codes, and ordinances. 10. PAYMENTS TO CONTRACTOR ,A. (,,'0tJNTY'S performance and obligation to pay under this Agreement, is contingent upon an annual appropriation by the Board of County Commissioners. (,',(XJNTY shall pay in accordance with the Florida Local. Government Proiript Paynient Act; payment will be made after delivery and inspection by COUNTY and upon SUbmission of"a proper invoice by U)NTRACTOR. R COUNTY it for Quarterly Maintenance and Testing scrvices with supporting documentation acceptable to the Clerk. Such invoices shall be sLibmitted monthly in arrears, with such services to be paid annually in twelve (12) equal monthly installment,,,. Acceptability to the Cler]( is based on generally accepted accounting principles and such taws, rules, and regulations as array govern the Cterk's disbUrsal of Funds, Payrrient1liay be withheld ,for failure of CONTIZACTOR to comply with as term, condition, or reqUirement of Iris Agi-cenlent. All OUt,'itanding invoices must. be submitted for payment within ten (M) days of the end of(lie Fiscat Year of the COIJNTY, i.e., September W'of each year, to avoid non-payment of those services, C C.ONTRACTOR shall submit invoices for Quarterly Maintenance and Testing Services billed nionthly in arrears noting locations serviced with mippor-ting documentation. Remote services will be invoiced with date of service, monber of service hours, location, technician's narne, position, and hourly labor rate as, listed in Appendix "B". The invoices for Onsite services ShOUld inCILKIC at a, minimum, the company name,the invoice date, location(building and address), the date goods or services were provided, arrival, and departure times, a clear description of the specific charge (goods and services provided), staff name, position, and hourly labor rate showing the hours worked Under the contract.as listed in Appendix"B,". All invoices referenced in this paragraph intist have attached sLipporting documentation that is accel-)(able to the Clerk. R Notwithstanding any provision of this Agreement to the contrary, COUNTY array withhold, in whole or in pail, payulCut to the extent necessary to protect nscIC from loss oil account of im,'ideqUate or defective work that has not been remedied or resolved ill as manner, satisfactory to the COUNTY or l"ailUre to comply with any provision ofthis Agreement. The amount withheld shall riot be snbJect to payment of interest.by COUNTY. 7 Siemens A1,10-ceniciat—Fffective October n,202 t E. (.,,Ot,JN'FY shall pay to the CONTRACTOR for the performance: of all services, except those identified herein as "Corrective Maintenance and Component Replacernent" ("Additional Services"), on a per monthly in arrears, basis, on or before the tirst(I")day of the fol lowing month. The CONTRAC"TOR shall invoice the COLJNTY monthly for the maintenance and testing perfIc'mried Under the C'ontract Docurricrits contained herein. The Conti-act arriOUrIt for t[ICMfl,iIItenanC0 and Testing Services is Two Hundit-ed Thirty-nine Thousand and 00/100 ( ,000.00) Dollars, excluding Additional Services, and is set kirth as follows: Monroe County DeteWion Center per year Plantation Key Detention Center and Courthouse S 7,L Q j)0 per year Sheriff's Adrydnistration Building $ 19,120,00 per year Monroe ("ounty Juvenile .fustice Building $ 13,460,00 per year Monroe COLInly Government Center(,marathon) $jj),730,L)Q per year Medical Examiner's Office $ 7,170M per year Gato Building $ 7,1.2Q,00 per year Harvey Government Center j' 7,17().00 per year Murray Nelson,Government Center J-7�17UQ per year Jackson Square Key West Courthouse Annex $.16�730.0(') per year Jefferson B. Browne Biulding $1,1 X00 per year Historic(..'0'Urth0Use $ 7,170.O per year L.ester .Builditig, $ 2,.j.jqIQQ per year Free nian.1 usti.ce Center. _L S 7.1 170I 00 lier year _ TOTA L $239,000.00 Annual F (,(.)'L,fN,ry shall compensate the CONTRACTOR for Additional Services performed under this Agreement, as follows: 1. The COUNTY shall i-eirriburse the CONTRAC.TOR for the Manufacturer's invoice cost ofall parts and materials(except tax arld freight,winch are reit'ribursed as charged with no markup), phis percentage aas indicated h0ow. Mall U faCtUrer's Invoice must accompany all rec[tiests for payment. All parts and triaterials shall be of equal or greater cluality as compared to existing parts and materials in use. On all orders that require shipping or transporlation of parts or materials whether the part is under warranty or not, freight invoices mUSt accompa i iy requests t%o r pay ment. Siemens Agreci,nent—Effccfive October 1,2021 the sarne entity, COWRACTOR shall, confirril and provide the COUN7rY with best customer pricing status, 2, CONTRA('TOR's labor and equipment costs for Additional Services, perfornied under this Agreement will be calculated Using the Uilit prices as shown on Appendix "B", Flutirly Labor and Materials Mal-kUll 'Rates, which is attached herclo and made as part hereof' There are no additional costs allowed for travel, mileage, meals, or lodging, 3, I-,10t,.J1CI,Y LABOR AND MARKUP RATE: See Appendix "B" attached hereto and made a part hereof, for hourly labor rates 'Scar-tipgrades, repair, or replacement work not within the Scope of Services for maintenanceand testing, and a markup rate for materials and equipment Furnished by SIEMENS. 'There arse no additional costs allowed for travel, rnilcage, nicals, or h.xlging, All repair work necessary requiring reirribursernent for Funding by the OINNER, will require lirior approval by (lie O�WNER, unless it is deenled all emergency, and (lie OWNER's representative cannot be contacted, In such case, documentation will be I-O(JUired certifying cniergency requirement irnmediatelyaller the fact. 4. Total Conipensation to CONTJWTOR for Additional Services Urider. this Agreerrient shall not exceed One Hundred Forty-five Thousand and 00/1010 ($145,000.00) Dollars per contract year, unless pre-approved emergency work, requiring additional Funds is implemented and approved by the Board of County Conurrissioners. Gi. Comnlencing after one full year ftorti the effective date of'October- 1, 2021, and annually thereaftcr, [lie Contract amount shall be adJusted in accordance with the percentage change in the US,Department of Commerce Consurncr Price Index for all Urban COVISLITIM'S (CIII-LJ) for All Items and Services for All U,S. Cities, not seasonallyadjusted,as reported by the U.S. BUI-eall of.Labor Statistics at December 31 oaf the previous year Using the most recently published indic,,ltor, or adjusted by an increase of five and five tenths percent 5.5%, whichever is less, The contract price adjustment Im any year shall not exceed a maximUlD change of five and five tenths percent(5.51110). 'I'lie terms,"Consumer Price Index","CM-U",and"Index"as used in this Agreement shall mean the Consurner Price Index for all Urban Consumers (1982-1984 =,- too)!, U.S. City Average, All penes, as published by the United States Department of Labor, BUIVaIl of Labor Statistics of the United States Departnient of Labor. In the eveA,ft such Index, is discontinued, comparable statistics in the purchasing power of the consumer dollar, as published at (lie tinic of said diSCO111,11ILiance by a responsible financial authority shall be selected at, the reasonable discretion and ,,,hall be used in lien Of SUCh ill(IM 9 Siemens Agree ient- Effective Ocrober 1,2021 '11'. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CON]"RACTOR. has, arid shall mairitain throughout, the tcrin of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUN"I"'Y UP011 request. 12. MAIN'VENANCE OF RECORDS (-',0N,rRA(.,J0R shall maintain all books, records, and documents directly pertinent to perfori-natice under this Agreement in accordance wide generally accepted accounting principles consistently applied., Records shall be retained for a period ofseven(7)years from the termination ofthis Agreenilent or five(5) years from the subtnission of' the final expenditure report as per 2 CFR §20033, it' applicable, whichever is greatcr, Uach party to this Agreement or their authorized representatives shall have reasonable and tiniely access to such records of each other party to this Agreement for public records purposes during tile term of the Agreernent and for seven (7) years following the termination of this Agreement, 13. MITI`TO AUMT Availahili� e,#"Reeords. "Re records of the parties to this Agreement relating to the Prqject, which shall include but not be firnited to accounting records (hard copy,as well as coniputer readable data if' it can be made available- subcontract files (including proposals, of successful and unsuccessful bidders, bid recaps, bidding filstrUctions I , bidders list, etc.); original esfirnates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements);backcharge logs and supporting documentation; gerieral ledger cntries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by COUN]'"'Yor the Monroe County Of7ice of the of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligation's under or covered by any contract document(all foregoing hereinafter referred to as "'Records") shall be open to inspection and subject to audit and/or reproducti(.,)n by County's representative and/or agents or the County Clerk. COUNTY or COUnty("let],(may also conduct ved.fica[ions,such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying, payroll computations, overhead computations, observing vendor and supplier pay.nictits, miscellaneOLus allocations, special charges, verifying info nationand arnounts through interviews and written confirinations with employees, Subcontractors, suppliers, in([ contractors representatives, All records shall be kept for ten (10) years after Final Completion of the Pro.jcct, J'he Courity 10 Simicivs Agrecamit—Effective 0ewba 1,2021 Clerk possesses the independent authority to conduct an atidit of Records, assets, and activities, relating to this Pro.ject. If any auditor enifiloyed by Monroe County or,County Clerk determines that monics, paid to CON'T'RACTOR pursuant to, this, Agrcement were spent fOr PLUPOSCS ]lot aUthOrIzed by this Agreement, or were wrongfully retained by the COI 'TRACTOR. the CON'TRAC"I"OR shall repay the monies together with interest calculated pUrsuant to Section: 55.03, Fla, Stat., running from the date the monies were paid to CONTRAC"TOR by the COLJNTY The ?,ight toi mi(fit provisions, survive the tennination of expiration, of this Agreement, 14. PUBLIC RECORDS COMPLIANCE CONTRAC-FOR nnist comply with Florida PUblic records laws, in(JUding but not. limited to Chapter 119, Florida Statutes and Section 24 of Afticle f of' the Constitution ol"Florida, The(.()TJNTY and CON"I"IZAM"OR shall allow and permit reasonable access to:, and inspection of, all documents, records, papers, le ffers or other"public record" materials in its possession or under its control stjl�ject to the provisions oiChapter 119, Florida Statutes,and made or received by the COUNTY find C`!ONT1W.`FOR in colljUnii With this contract and related to contract pei-fortriance. The C,'OUNTY shall have the right to unilaterally cancel this contract apon violiation of this provision, by the CIONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deerrml.as material breach of this contract and the COUNTY may enforce the terms of this provision in the form of a. COUrt proceeding and shall, as a prevailing party, be cntitied to reimbursement of all attorney'sfees and costs as,,sociated with that procceditig.This provision shall survive any termination or expiration of the contract. 'The CON TIT ACA"OR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision, Pursuant (o Fla, S lat,, ice. H 9k70l and the terms, and conditions of this coritract, the Contractor is required to: (1) Keep and maintain public records that would be req:uired by the County to perform the service. (2) Upon receipt from the Coi i n ty's custodian of records, provide the County with th as copy ofthe reqLlested.records ori allow the records to be inspected or copied within re,ason.,.,i-ble time at a cost that does not exceed, the cost provided iiij thin chapter or as officrwise.provided by law. (3) Ensure that public records that arc exempt or confidential and exempt from pubhc records disclosure riecluirements arc not disclosed except asz authorized by Siemens Agrecinent—FIffective October 1,2021 law fOr 111C (ILMItion of(lie contract term and R-illowing couipIction oftlic contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost, to the County all public records in possession of tine (.7ontractor or keep and maintain public records that would. be required by the County to perform the set-vice. If the Conlractor transfers all public, records to (lie County upon cornpletion of the contract, the Contractor shall destroy any dupficate public records that are exempt or cojifidential and exempl, from public records diSCIOSUN requirernerns. If the Contractor keeps and tm,'tintairis public records upon completion of the contract, Lhe Contractor shall rneet, all applicable i-cquirerrients 'for retaining public records, All records stored electronically niust be provided to the County, upon request from the ('ounty's Custodian of records, in as forniat that is compatible with the information technology systems of the Couitty. (5�) A request to inspect or copy public records relating to a(ounty contract inust be made directly to the (.'ounty, but if the County does not possess the requested records, the C.ounty shall immediately notify the Contractor of`the request, and the Contractor must provide the records to the (,ounty or allow the records to be inspected or copied within a reasonable time, It'tine Contractor does not complywith the County's request: f'or records, the County shall crif'orcc the public records contract provisions in acco,rdance,with the contract, notwithstai'tding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor, A Contractor who faits to provide the public records to the County or pursuant to as valid public records request within a reasonable tirne inay be SLJlnyject to penalties under Section 11 9�10, Florida Statutes, C'.'ontrador shall not transler custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law, IF THE CONTRAC'TOR HAS QUES11ONS REGARDING" THE APPLICA"FION OF CHAPTER 119, FLORIDA STATUTES, TO 1"I"IE C"ONTRACTOR'S DUTY 1'0 PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONIACT THE CUSTODIAN OF PUBLICRE CORDS, BRIAN BRADLEY AT 111IONE NO. 305-292-3470, OR VIA EMAIL A],' BRIAN- BRA DLEVONONROI COLJNTY-FL.GOV, MONROE 12 Sicineris Agreenacnt--Elfective October 1,2021 COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET,SUITE 408, KEY WEST, FL, 33040. 15. HOLD If ARMLESS,INDEMNIFICATION, DEFENSI , AND INS;tJRA-N(-;E Notwithstanding any minimurn insurance requirements prescribed elsewhere in this agreement, C0N'TRAc,,r0R sliall deferid, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless frorn and against (i)any clahns, actions or causes of action, (d) any litigati(,)ti., ,i(iiiiiiiistralive proceedings, appellate proceedings, or other proceedings relating to any type of 111.11iry (inClUding dea(li), loss, darnage, fine, penally or bLISI'lICSS interruption, and (iii) any castes or expenses that may be asserted against, initiated with respect to, or sustained by, any 6idernnified party by reason of, or in connection with, (A) any activity of U)NTRACTOR or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence, recklessness, or intentional wrongfid misconduct of CONTRACTOR or any of its employees, agents, sub-contt'adors or other invitees, or (C) CON"J"RACT"OWs def,('1111i in respect of any of the obligations that it undertakes under tile terms of this Agrecinent, except to dic extent the clahns, actions, causes of:`action, litigation, proceedings, costs or expenses arise firom the intentional or sole negligent (let's or emissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRAC.TOR), The monetary lit-nitation of liability under this Agrecinent shall be equal to the dollar value of the contract and not less than $1 million per occurrence pUrsuant to Section 725,06, Florida StatUt("S. The finlitS Of liability shall be as set forth in the insurance requircinents included in this paragraph, Insofar as the claims, actions, causes of action, litigation,proceedings, costs or expenses relate to events or circumstances that occur dLlYltlg the tcriii: 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 I iability is in no way limited to, reduced, or lessened by the insurance rcqufi''erncilts contained elsewhere, within this Agreement, Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate terrnination of this agreement. Prior to eXeCUti011 of this Agreennent, CONTRAC"I"OR shall furnish the C,0T..J'NTY Certificates of Insurance indicating the MiniMU111 coverage firnitations in the following amounts: WORKER'S COMPENSATION AND EMPLOVEMS LIABRATY INSURANCE,: Where applicable,workers compensation coverage to apply for all ernployces all as nuninivai statutory limits as rcquired by Florida 1,aw, arid E'xnployee's Liability coverage in the amount of$500,000 bodily injury by accident, $5010,00O bodily injury by disease, policy firnits, and $500,000 bodily inJury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fiiult coverage, with 1,3 S icniens Agrecaien 1:--E ffccl ive Octob r 1,20121 limits ofliability of not less than$300 0_00=0-0- per occurrence,combined single limit f'or Badily InJury Liability and Property Damage Liability, If single limits are provided, the mininitlin acceptable limits are $10 t,000 per person, S300,000 pet, occurrence, and S50,0(':10 property damage, Coverage shall inClUdc all owned vehicles,, all non-owned vehicles, and all hired vehicles. COMMMER(-I IAL GENERAL I-AABILITY: Commercial general liability coverage with litnits, of liability of not less than 11,_Q L0. )0_Qffi 00 per occurrecen_ combined single hinit for Bodily Injury Liability and Property Daniage Liability. CYBEIZ [AABILITY INSURANCE: Cyber liability insurance covet-age with lituits of' liability of not less than $1, )00,(100,00. Coverage will be maintained throughout the life of the contract, and shall include the following coverages: 1) Data Breach, 2), Network Security Liability, 3) Internet Media, 4) Network Extortion, 5) TZcgula((,)ry Proceedings, and 6) PC I Fii,rcs and Costs, CERTIFICATES OF INSURANCE: ("higinal Certificates of Insurance shall be provided to the(,'01JN`,l`Y at the time of executi(.,)n of thin Agreement and certified copies provided if requested, Each policy certificate shall be endorsed with as provision that not less than thirty (30) calendar days' 'written notice shall be provided to the COUNTYbefbire any policy Or coverage is canceled or rcstricted 'rhe underwriter Of Such insurance shall be qualified to do business in the State of I'lorida, lfrequested by the("'ounty.Adi-ninistrator, the irisurance coverage shall be primary insurance with respect to the C'OUNTY, its officials, employees, agents and volunlect's. )VIONROE C'OUNTY Batin.) OF COUNTY COHMPRVIONERS-1 MUST BE NAMED AS ADDITIONA L INSURED ON A LL POLICIES ITXCEPT IVORKER`,Y COMPE7XV14 770N 16. NON-,WAIVER OF IMMUNITY Notwithstanding the, provisions of See, 768.28, Florida Statutes, the pa dicipation of the (.,,()unty and Contractor in this Agreement and the aicquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not he deemed a waiver of inurtunity to the extent of liability coverage, nor shall any Agreenient entered into by the County be required to contain any provision for waiver. 17. INDEPENDENT CONTRACTOR At all times and for all purposes Wider this Agreemeni,C.ontractor is an independent contractor and not an employee of the Board Oft-IOUnty Coniiiiissioncrs ofMonroe County. No s(aternent,contained in this Agreement shall be coastrued so as to find Contractor or any of its employCCS, subcontractors, servants, Of a,geliLS to be eniployces, ofthe Board of(,",outity Conitnissioners of Monroe Cbtiray. 18. NONDISCRIMINA"HON/ EQ1JAL'EMPI,,OYMENT OPPORTUNITY Siemens Agreeiriera—Fffccfive October 1,2021 Call" TRM-74'OR and COtJNTY agree that there will be no discrimination against any p,erson, and it is expressly understood that union a determination by a court of competent Jurisdiction that discrimination has occurred, this Agreement autoiliatically terminates without any further action on the part of any party, ef17ective the date of the court order. CONTRACTOR and COUN]"Y 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: t) 'ride vit of the Civil Rights Act of 1964 (PL, 88-352) which prohibits discrin-iination, tali the basis of race, color or national origin; 2)Title IX of the Edilcation Aniendirient of 1972, as amended (20 LJS('° ss, 1681-1683, and 1685-168,6), which prohibits discrii.nivat.1 oil on the basis ofsex; 3)Section 504 ofthe Rehabilitation Act of 19!73, as aniended (20 US(I s. 794), which prohibits discrimination our the basis of handicaps; 4) "I'lic Age DiscrimittationAct, of 1975,as amended (42 LISCss. 6101- 6107)which prohibits discrimination oil the basis ofage;5)"I'lie DrUgAblise Office and'freati-fient Act of 1972(PL 92-255), as arnended, relating to nondiscritrunation on the basis of drug abuse; 6)Tlie Comprehensive Alcohol Abuse and Alcoholism Prevention, "I'reatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to noridisefirnination on the basis of alcohol abuse or alcoholism; 7) The Pubiie Health Service Act of 1912,ss, 523 and 527(42 IJSC ss, 690d(.1-3 and 290cc- 3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)'Title VIII of the Civil Rights Act of 1,968 (42 USC s. 3601 ct seq.), is anlendcd, relating to nondiscrimination in the sale, rental or financing of' housing; 9) The Anicricans with Disabilifts Act of 1990 (42 USC s. 12101 Note), as nlay be arilendecl frorn time to litric, relating to nondiscrullination on, the basis of disabili(y-, 101) Monroe C',01111ty Code Chapter 14, Alliele.11,which prohibits discrimination oil the basis or race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRA.C."FOR, in accordance withf 7u.rrtl Dnj�lqynient Qppoilunity(30 Fe& Reg. 12319, 12935, 3 C.F.R. Pail, 1964-19,65 Comp,, p. 339), as amended by Executive Order 11375, Ainendhkq E'xeeulive Order 11246 Relaling Ira Equal EinphTinenf Oyq)orwnity, and implenleriting r0<IU1ati0uS at 41C.F.R., Pail 60, (Office of Federal Contract Equal F�.rnployrnent, Opportunity, Depailtilent of Labor). See 2 (2.F.R. Part 200, Appendix 11," C, agrees as follows: (I) file 0-Mitractor will not discri.rilinatc, against any CDIpl0yeC or applicant for eiriploynient because of race, color, religion, sex, sexual orientation, gender I identity, or national origin. The Contractor will take affirmative action to ensure Sidmtis Agrccrneiit- Effective Ocrober 1,2021 that applicants are employed,anti that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin, Such action shall include, but not be limited to the (bilowing: Employment, upgrading, demotion, or transfur, recruitment or rccruitn-icnt advertising; layoff or termination; rates of pay or other Cornis of cornpcnsa,tion,4 and selection for training, iricluding apprenticeship, "I'lic Contractor agrees to post in conspicuous places, available to employees and applicants fbr emptoyment,notices to be provided setting forth the provisions of this nondiscrimination clause, (2) 'The Contractor will, in all solicitations or adve.r6sernents for employces placed by or on behalf of the Contractor, state that all qualified applicant's will, receive consideration f(,,)r cinploynici-ft without rcgard to race, color, religion, sex, SCXU:aI orientation, gender identity, or national origin, (3�) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee orapplicani has inquired about, discussed, or disclosed the compensation of the en)ployee or applicant or another employce or applicant, This provision shall not apply to instances in which an employee who has ace(.,.ss to the conipensation information ofotber employces or applicants as a part of such eniployee's essential jot) ftuic(IMIS discloses the compensation of such other employees or applicants to it who do no(otherwise have access to such Information, URICSS Stich disclosure is M response to a fornial, complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish irdforniation, (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the; Contractor's coiTunitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employmcnt. (5) The Contractor will conriply witli all provisions of Executive Order 11246 of September 24, 196 , and of," the Mies, regulations, and relevant orders of the Secretary of Labor. (6) Tlie Contracloi wit Ifurnish all inforniation and rc,ports required by Executive Order 11246,of September 24, 1965,and by the rules,regulations, and orders of the Secretary at`Lab(,.,ir,,or pursuant thereto,and will permit,access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes ofinvestigatioill to ascertain compliance with such rules, regulations, and orders. (7) In the event of tyre Contractor's 11011cornpliarice with the nondiscriminalion 16 Sicnicus Agreenictit.-Fffiecfivc October 1,2021 Clauses of this contract or with any of the said rules, regiflations, or orders, this contract may be canceled, 1crt-ninated or suspended in wl-tole or in part and the (3ontractor may be declared ineligible for further Goverill-nent contracts or federally assisted' C01IS11-LICtiOu Wntl'<'.icts in accordance with procedures authorized in Executive Order 1 ,12461 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as,provided in Executive Order 1 1 246 of September 24, .1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise providcd by law, (8) The Contractor will include the portion of[lie sentence iinmediately precedi ng panagraph(1) and tile provisions of paragraphs(1)through (8) it) every subcontract or I)urchase order unless exempted by rules, regulations, or orders of tJie Secretary of Labor issued pursuant to section 204 of EIxecutive Order 11246 of September 24, 1965, so that such, provisions will be binding upon each subcontractor or vendor, The C,ontractor will take such action with respect to any subcontract or purchase order as, the administering agency may direr as as rnearis ofenforcing stich provisions, including,sanctions for non-cornpliance; provided, however, that in the evetil, a contractor becoiries involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor niay reqLICSt the United States to enter into such litigation to protect, the interests of the United States. 19. ASSIGN MENT/SW BCONTRACT (',()N'I'RAC"F0IZ shall not assi&qi or subcontract its obligations under this Agreement to others, except in writing and with the prior written approval of the Board of County Conirnissioners offonroe County, which approval shall be subject to SUCII conditions and provisions as the Board may deeni tiecessary. "rhis paragraph shall be incorporated by reference into any assigntrient or subcontract arid 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. 20. COMMINNCE WITH I.,AW FVNDJACENSE REQUIR,'EMMENTS In providing all services/goods pursuant to (1)is Agreerneat, Contractor shall abide by all, laws of Federal and State goverjuxient, ordinances, rules,arid regulations pertainirtg (o, or regulating the provisions of,such set-vices, including those now in effect and hereinafter adopted, Compliance with all laws includes,but is not limited to, the irritnigration. laws of the T"ederal and State government, Any violation of said statutes, ordinances,rules,and TegUtations shall constitute a material breach of this Agreement and shalt entitle the 13oardto terminate this Agreernent. Contractor shall poswss proper licenses to perform work in accordance with these specifications throughout the terra of this Agreement, 1 21. DISC 1,0SURE AND CONFLICT OF INTEREST 17 Sictnens Agreenictit---Ff6ective October 1,20211. Contractor represents that it, its directors,piIncipals,and employees,presemly 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 pt'Ovidcd in Scc, 112.311, et. seq., Florida Statutes. County agrees that officers and employees of [lie County recognize and will be required to cornply with the standards of conduct 1"or public officers and crnployces as delineated in Section 112.3 13, Florida Statuics, 1-egarding, but not I itruted to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized cornperisation; misuse of public position; conflicting eniployment orcontnactual relationship; and disclosure 01-use ofeertain information. 22. NO SOLKITATIONTAYME]"' T County and C,,witractor warrant that, in respect to itself, it liars neither employed nor retained any company or person, other than as bona fide employee working solely for it, to, solicit or secure this Agreement and that it has riot ptiid or agreed to pay any person, cotripany, corporation, individual, or firm, other than a bona Ue entployce workirig solely for it, any fee, counnission, perceiitage, gift, oil- other consider,ation C011tillgOlt U110n or resulting from the award or making of this Agreement, 17or the breach or violation of the provision, the C".ontractor agrees that the County shall have the rit-flit to terminate this Agreernent without liability and,at its discretion, to oIT,,.,,ct froni inoiiies owed, or otherwise recover, the full arliOUDI of such fee, commission,percentage, gift, or consideration. 23. EMPLOYM ENT OR RETENTION CIF FORMER COUNTY OFFICERS OR EMPLOYEES CONTRACT'OR warrants that it has not employed, retainer or otherwise had act on its behalf auy former (""aunty officer or employee subject to the prollibition of Section 2 of Monroe County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010,-1990 or any County office], or employee in viotaticia of Section 3 of Monroe County Ordinance No, 020-1990. For breach or violation of this provision the County rnay, in its discretion,terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise receive the full amOUnt of any fec, comnussion,percentage, gift, or consideration paid to the former County of or employee, 24. NO PLEDGE OF CREDIT C.".ontractor shall not pledge the County's credit or make it a guarantor of payn'tent 01° Surety for any contract, debt, obligation, judgment, lien, (-M- any f6rin of indebite(hicss. Contractor further warrants and represents that its has no obligation or indebtech'iess that Would impair its ability tofulill the tennis ofthis contnact., I's Sienicus Agreenicnt— 1-Iffectivc October 1,2021 25,. NOTICE REQLARE,MENT All written correspondence to the COILNTY shall be dated and signed by an authorized representative of the CONTRACTOR, Any written notices or correspondence required or pernutted under this Agreement sliall be in writing and sent by UfLi(cd States Mail, certified, return receipt requested, postage prepaid, or I)y courtier with i)i-oofof(iclivei7. "rhe place of givi jig Notice shall rernain the satileM as set Rmth herein until changed in writing in the nianner provided,in this paragraph. Notice is deerned 1-eceived by CONTRACTOR when hand delivered by national courier with proof'of delivery or by U.S. Mai I upon, verified receipt upon the date of reibsat or non-acceptance of delivery. Notice shall be sent to tire" following: .FOR (.,'0LJN'FY: FOR Monroe (701111ty Siemens industry, hic. Facilities Maintenancel.)ept. Attu,: Bradley Ayres 123 Overseas Highway —Rockland Key 3021 N. G-ji,runerce Parkway Key Mles(, FL, 33040 Miramar, PL 33025 and Monroe County Attorney's Office Ll 11, 12"' Street, Suile 408 Key West, FL 33040 20. TAXES C01JNTY is exenipt frorn payment of l"lorida State Sales and Use taxes, CONTRACTOR shall not be exempted by virtue of the COUN'I'Y's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations Under this contract, nor is CON"FRACTOR authorix-cd to Use [lie OUNTY'S Tax ExemptiOD Number in seCUrinor such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding related to services rendered under this Agreement. 27. TERMINX-17ION A, In the event that the CONTRACTOR shall be found to be negligent in any aspect oll'service,the COLJNTY shall have the right to terininate this Agrecril.cni after five(5) days' written notification to the CONTRACTOR. 13. 1",iflier(if 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, C, Tertrunation for Cause and Remedies: In the event of breach of"arty contract terins, the C0LJNTY retains the right to terminate this Agreement, "file COUN"FY may also terminate this Agreement fOr Cause with CONTR.A.(,"FOR Ajould CON]"RACTOR fail to perforiti the covenants herein, contained at the Sienicris Agreement Hffcctive October 1,2021 tinie and in the manner herein provided. 1.11 the event Of SLICh teri'llirlatiOn, Prior to termination, the ('0'U'NTY shall provide CONTRACTOR with fivc (5) calendar days' written notice and provide tiie CON'rR.M."FOR with an OPPOOLInity to CLOV, the breach that has OCCUlTed, If the breach is not cured, the Agreement will be terminated for cause. If the COLfNTY terminates this Agreement with the CONTRAUFOR,COUNTY shall pay CON"FRACTOR the sure due tile CON TRACITOR.under this Agreement prior to termination, Lmless the cost ofooinpletion to the COUNTY exceeds the I'mids remaining in the contract; however, the COUN'TY reserves the right to assert and seek all otTset for darnages Caused by the breach. '"rile rnaximuin amount dLic lo CONTRA.(ITOR, shall not in any event exceed (lie spending cap ill this Agreement. In addition, the COtJN,rY reserves all rights available to recoLip monies, paid Under this Agreement, incinding the right to sire for breach of Contract "and including the right to PUrSLle as claim f'or violation Of the (,101.iNTY's False Claims Ordinance, located at Secli(M 2-721 et al. of the Monroe County C'MIC. D Terniin.ation l"car Convenience: nic COUNTY may terminate this, Agreement for convenience, at, any time, upon, sixty (60) days' writtell notice to, CONTRACTOR. If' the COUNTY terminates this Agrecille.11t with the (."ONTRACTOR, COUNTY shall pay CONTRACTOR the sure due the CONTRACTOR nnder this Agreement prior to termination, nniess the cost of completion to the CO'L.JNTY exceeds the funds rem.4aining in the contract, 'File maximum amount date to CONTRACTOR shall not exceed the spending cap in this Agreement, E For Contracts of any amonnt, if the COUN]"Y determines that the Contractor/C onsnl(ant has stlbinifted a, false certification under Section 2 87.135(5),i'lorida Statutes, or has been placed oil the Scrutinized Cornpanies that Boycott Israel I-ist,or is engaged in a boycott of1sract,the C0(.J'N,rY shall have the option of (1) terminating the Agreement after it has given the Contractor/ConsLiltant written notice and an opportunity to demonstrate the agency's detern-lination of fialse certification was in error ptirsriant to Section 287,1 5(5)(a):, Florida Statutes, or (2) maintaining the Agreement if tile conditions of Section 287.135(4), Florida Statutes, are met, F, For Contracts of $1,000,000 or more, if the COLJNTY determines that the (.,'ontractOl-/C0l`lS Ll l tan t stibmitteda false certification under Section 287,135(5)1, 1,Florida StatUte.S., Or I if the; COl1trac(01'/C0l`1SU1tant has been placed on the Scrutini-zed (.7ornparties with Activities in the Sudan List, the Scrutinized Companies with Activities in the [ran Petrolemn Energy Sector List, or been engaged ill business operations in CLiba or Syria, the COUNI"T shall have the option of (1) terminating the Agreement of it has pjven, the written notice and aura opportunity to denlonstrate the agency's determination of false certification was ill error pursuant to Section, 287.13,5(5)(a), I'lorida, Statutes, or (2) maintaining the Agreement if the conditions of"Section 287.135(4), Florida Statutes, are,irlet, 20 Sienmis Agreement—FITective October 1,202 l 28. GOVERNING I..,AW, VENUE,AND INTERPRETA11ON ']'his Agreement shall be governed by and construed in accordance with the laws of the State of 1,1orida applicable to Agreements made and to be porfornied entirely in the State, In the event that any cause of action or administrative l'.)roceeding is instituted fOr the e I'll fOrCernen t or interpretation offlus Agreement, the County and Contractor agree that venue will lie in the appropHate court or beft-We the appropriate administrative body in Monroe County, Florida, The Partics, waive their rights to trial by jtllry� The COUNTY and CONTRAcrOR agree that, in the event of conflicting interpretations of the terns or a, term of this Agreement by or between any of thern the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceedings. 29'. MEDIATION 'I'lle (.'O(.N'fY and (.,(.')N.rRAC'I'OR agree that, in the event of cordliefing interpretations of the terms or a. term of this Agreement by or between any ofthern the issue shall be Submitted to mediation prior to the institution of any other adinitilistrative or legal proceeding, Mediation proceedings initiated and conduelled pursuant to this Agreenicin shall be in accordance with the Florida Rules ot'C"Jvil Procedure and Usual and CLISWIII.ary procedures required by the Ch-CUit COUrt, of Monroe County. 30. SEWRABILITY ]('any term, covenant, condition,or provision of this Agrec.ment (oil,- the application thereof to any cirell.1111SUAnce or person) shall be declared invalid O.,r 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 remainingy term, covenant,condition, and provision ofthis Agreement shall be valid and shall be enfbrceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions., and provisions of this Agreement woutd prevent the accomplishment of the original intent of this AgreerneriC The CO(JNTY and CONTRACTOR agree to reform the Agrcement to; replace any stricken provision with a valid provision that conies as close as possible to the intent of the stricken provision. 31. AT'rOR.NEVS FEES AND COSTS C0'LJNT'Y and CON71RACTOR 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 reasmiable attorney's fees, court costs, investigative, and out-of-pocket expetises, as an award against [lie non-prevailing party, at, all levels of"the court system, including in apl)eflalie proceedings. 21 sir nicus Agar eenient.--. FIffective(ktober 1,2021 32. ADJUDICATION OF DISPUTES OR DISAGREEMEN,rs, C,'0U'N'J'I Y and CON"BACTOIZ agree that all disputes and disagrecinents shall be attenipted, to be resolved by meet and confer sessions between representatives of each ofthe liar ties, C0NTR,Ac,r0R and COLNTY Representative shall try to resolve the claim or diSpLnC With meet and confer sessions. If the iSSUC Or issues are still not resolved to the satisfaction of the parties, then any party shall have, the right to seek such relief or remedy as may be provided by this Agreement or by f,'lorida laiv. T'his Agreement is not su�ject to arbitration. This provision does not negate or %vaive the provisions of Paragraphs 18 and 27 concerning termnilation or cancellation, 33. COOPERATION In the event any a(lillinist.ritive or legal proceeding is instituted against cither party relating to the 6orniation, execution, perI'(,,Irn1ancc,, or breach of this Agrectlient, (.,0LJNTY aarael (,'0NTRACT(.)R agree to participate, to the extent; required by the other party, in all proceedings, hearings, processes, ineetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement, COUNTY and C0NTR-A(.,,-r0R specifically agree that no party to this Agreement shall be required to enter into any arbitratiori proceedings related to [his Agreement. 34. BINDING EFFECT T'he terms, covenants, condition,,,, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors,and assigns. 35. A U]JI 0 RIJ'Y Each party represents and warrants to the other that the execution, delivery, an(.] perf5ormance of this Agreement have been duty authorized by all necessary CXX f'NTY and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this contract to legal counisel of is choice and enters into this Agreement freely, voluntarily, and with ad\,icc of counsel. X CLAIMS FOR FEDERAI.,OR STAITAID CONT CTOR AND COUNTY agree that each shall be, and is, cill.powered to apply fiir, seek, and obtain Iederal and state funds to further the purpose of this Agi-cenioni, Any conditions irnposed as a result of`funding that affect the project will be provided to each party, 22 Siemens Agreement-Effedive October t,2021 37. IIRIVILEGES AND IMMUNITIES All of the privileges and immunities ftorn liability, exerilptions fron-I 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 ally pUblic agents or cniployees cal`the County, when perlorniiag their respective functions under this Agreenient within, the territorial linilts of (lie County shall apply to the sarne degree and extent to the performance of such functions and cluties ofstich officers',,igenis,volunteers,or employees outside the territorial limits of the County, 38. Lff,,Af, OB:I..,IGA,rIONS AND RES PONS I RILFIFI ES: Non-Delegation of Constitutional or Statutory Parties This Agreement is not intended to, not- shall it be construed as, relieving angry part icipiti n g entity from any obligation or responsibility impose([ upon the entity by law except to the extent of actual, and timely performance thereof by any participating entity, in which case the perf6riiiance may be of f.bred 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 C01IStItUtIonal or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 39. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely LIpOTI the terms, or any of'them, ofthis Agreeirient to eaf7orce or aftenipt to enforce any third-party claini or entitlenilent to or benefit of any service or program contemplated hereunder, and the COUN'ry and the CONTRACTOR afq-ec that neither the COUNTY nor the CONTRACTOR or array agent, officer, or employee of either shall have Ilic authority to Inform, counsel,or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benet"its, under this Agreement separate and apart, interior to, or superior to the community iti general or for the PUTPOSCS contemplated in this Agreement, 40. ArrESTATIONS (",ON'TRACTOR agrees to execute such documents as the COUNTY may reasonably recli,lire to include, but not limited to, a, Public Fritity Crime Staternent, an Ethics Statement, Non-Collusion Statement, am] as Drug-Free Workplace Statement, identified as, "County Fornis", attached hereto as Exhibit "B"and 111adc a part hereof. 41. NO PERSONAL, f,1A[IIlXFV 23 Sionctis Agreement--F`Tfectivc October 1,2021 No covenant or agreement contained herein shall be (teemed to be a covenant olr agreeincrit of any inember, officer, agent, or employee of Moilroe County in his Of her individual capacity, and no member, officer, agent, or employee of Monroe Comity shall, bc liable personally on this Agrecinent or be subject to any personal liability or accountability by reason of the execution ofthis Agreement. N 'I 42. EXECUTION I COUNTERPARTS This Agreernentmay be executed in any number of counterparts, each or which shall be regarded as an original,all of which taken together shall COJISGUI[C one and. J10 Saule illSIFL11111011 and any of the parties hereto niay eXCCUtC this Agreenient, by signing any such counterpail. 43. SEC'11 ION HEADINGS Section headings have been inserted in this Agreeinent as as matter of coriverricrice ol"re 6creace only, and it is agreed that such section headings are not, as pad ot"this Agreement and will not be used in the interpretation of ajiy provisMn of this Agreernent. 44. PUBLIC EN`rrry CRIME INFORMATION STATEMENT "A Person or affiliate wlio has been placed on the convicted vendor list following as conviction for as public entity crime may not submit as bid, proposal, or rcply on as contract to provide any goods or services to a public entity, may riot submit a bid, proposal, of rcply on a contract witli as public entity ('or the COnStrUC6011 Or repair ofa public building or public,work,, may not submit bids oil leases of real property to as public critity, may not be awarded or perforrn work as as contractor, supplier, subcontractor, or consultant under as contract With any public entity, and unary not transact busiriess with any public entity in excess of the thmshold amount provided in Section 287,017, Florida Statutes, for CATEGORY TWO as period of thirty-, six (36) months fi-orn the date of being placed on the convicted vendor list." 45. MUTUAL REVIEW nus Agreenient has been carefully reviewed by CONTRA(.71"(11W ,in(] the COUNTY, '"I'liereforc, this Agreement is not to be construed against either party oil the basis ofauthorshij.). 46. FL,,OI1IDA E,-VERIFY SYSTEM l3cgRining January 1, 2021, in accordance with Fla. Slat,, Sec. 448.095, the (,'ONTRACTOR and any subcontractor shall register with and shall U1.1 HZC the U.& Departaient of Honicland Security's 1,-Verify S Menar to verify the work authoriz,ation status of all new employees hired by the (.,ontractor during the terril of the Contraentrid shall expressly require any subcontractors llerf'orming work or providing services pursuant to the(..ontract to likewise utilize the U.S. Departinent 24 Sieiim,is Agreenmit—Effective October 1,2021 of Homeland Security's E-Verify system to verify the work authorization of all new employees hired by the subcontractor during the Contract terIn. Any subcontractor shall provide ,in affidavit stating that the subcontractor does not C1,11ploy, Contract with, or subcontract with all Unauthorized alien. The CONTRACTOR shall coniply with and be subJect to the provisions of l""la, Stat., Sec. 448.095. 47. ANNUAL APPROPRIATION The COUNTY's perf'ormance and obligation to pay urldcr this Agreemcnt is contingent upon an annual appropriation by the Board of Courlty Commissioners, III the event that the County funds on which this, Agreement is dependent are withdrawn, this Agreement is terminated and the COUNTY has no farther obligation Under the terms of this Agreen-rent to the C'ontnictor beyond that already incurred by the lermination date. 48. COVENANTOF NO INTEREST COUNTY and CON'rRACTOR covenant that neither presently has any fincrcst, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only Interest of each is to perform and receive benefits as recited in this Agreement. 49. AGRETMENTS WIT14 SUBCONTRACTORS III the event that the C'ONTRACTOR subcontracts any or all of the work in this prqject to any lhird party, the CONTR-ACTOR. specifically agrees to identify the County as an additional insured oil all insurance poticies required by tile COUnly, In addition, the(' )NTRACTOR specifically agrecs that all agreemenN ors contracts of any nature with its subcontractors shall include the Cotinty as an additional it`ISLH-ed. 501. AMENDMENTS No modification, amendincirt, or alteration in the terms or conditions contained in (,his, Agreement shall be effective unless contained in a written document prepared with the same ear similar formality as this Agreement and executed by di fly authorized representatives of COUNTY and CONTRAC'rm after approval by the Board of COUnty COM In iSS iOTICI-S. 5 1. "MOR AGREEMENTS This Agreement represents the final and co.millete err dcrstanding of the PAR"F1F,,S regardnIg the SL,tb,jcc( matter and stipersedes all prior, and coiltempot'al"ICOUS ilegotiations and discussions regarding that subject Illatler. There is no 25 Si men Agreement-- Elffectivc Ocr.obcr 1,2021 commitment, agreement, or tinderstanding concerning the subJect matter of this Agreement that is not contained in this written Agreement. 52. WARR,ANTY OF PE.11170 .11MANCE CONTRACTOR represents and warratits that it posse;, es the knowledge, skill, experience, and financial responsibility required to perf'orin and provide all Services and that each person and entity that will provide Set-vices is citify clualified to PerfOrul SLIC11 services by all appropriate goverranental authorities, where required, and is sul,'Ficiently experienced and skilled in the area(s) for which sLjch person or entity will render such Services. C',ONTRAC"l I OR. represents and warrants that the Set-vices shall be performed in a skillffil and respectful manner, ,ind that the qtlahty of At such services shall equal or exceed prevailing industry stanchards for the provisillon of such services. 53. RIG14TS IN I)ocumF,,N,rs A,ND W01tK, Any and all, reports, photographs, surveys, electronic or digital building graphics, such as Auto-Cad or eqUivalent format,doetiments,niaterials,or other work created by COWRACTOR, in connection with performing Services shatl be owned by COUNJ'Y, and CONT'R.ACTOR, hereby transfers to COUNTY all right, title, and interest, including any copyright or other intelleCtUal property rights, M and to the work. Upon termination of this Agreement, any reports,photographs, surveys and other data and documents prepared by CONTRACTOR, whether finished or kitifini'shed, shall become the property of COUNTY and shall be delivered by CONTRACTOR to the Contract Monitor within ten (10) days after termination of this Agreerrietit. Any compensation due to CC NTRAC.'TOR may be witfihcld until all doctinients are received as provided in this Agreetrient. CONTRAC"I"OR shall C11SUrethat the requirements of this section are included in all agrCertlentS with its Subcontractor(s), .54. FEDERU1, CONTRACTREQUIREMENTS ']'he (.',ON'I*RA(.,',roR and its subcontractors must fbllow the provisions, as applicable, as set forth in 2 CIIER_ §200.326 C,ontract Provisions and Appendix It to 2 C'.Fl�, Part 200,as arriended, inclUding heat not limited to: 54.1 Davis-Bacon Act, as amended (40 U,S C_ §§3 14l-3148), When required by Federal program legislatiot"i, which includes Emergency Managerrtent Preparedness (irant. Prograrn, Homeland Security Girant Program, Nonprofit Security Grant Program, 'Fribal Honickand SccLirity (.,)ran( Prograrn, Port Security(3rant f)rograni andT ransit Security Grant Prognatri, all PrillIC COnStUICtion contrads in excess of$2,000 awarded by non-Federal entities must con'lply with the Davis-Bacon Act(40 I. §§3141-3144, and §§3 146-3148,) as suppleniented by Departi-rient of Labor I'Cgfflations (29 CF'R .Pail 5, "Labor Standards Provisions 26 Siemens Ag reenicia E ffecti%pe Octobc r 1,2021 Applicable to Contracts Covering, Federally Financed and Assisted Construction")- In accordance with the stanite, contractors must be required to pay wages to laborers and niechanics at a rate not less than the prevailing wages specified in a wage dctennination rnade by the Secretary of Labor. In addition, contractors niust be required to pay wages not less than once a Nveek. If apphutble, the COUNTY must place as current prmailing wage determination issued by the Department of Labor in each solicitation, as copy of which is attached hereto as Exhibit "C" and made a part hereof, -Fhe decision to award a C01141'ad. Or Subcontract must be conditioned tipon the acceptance of the wage determination, The CIOUNTY must re,port all suspeded or reported violations to the Federal awarding agency, When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Girant program, Nonprofit Security Grant Program,Tribal flonicland Security Grant.Program, flort Security Grant Program and Transit Security Grant Proc,rarri (it does not apply to other FEMA grant and cooperative agreement programs, inchiding the I'liklic Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, limst also Comply with (lie CoNland "Anti-Kickback" Act (40 U,S,C, § 314), as sLipplemented by Department of Labor regulations(29 CFR Part 3, "Contractors and Subcontractors on,Public Building or Public Work Financed in Whole or in.Part by Loans or Grants from the United States"). As required by the Act,each contractor or sL,ibrecipient is prohibited from inducing, by any means, any person employed in the construction, conipletion, or repair of public work, to give up any 1),irt of the compensation to which lie or she is otherwise entitled, The COUNTY u1USt report atl suspected or reported violations to the,Federal awarding agency. (1) Coiiti-actor, "I'tieCON'['R,AC'rOR shall coiiiiitywittit-J.S,( 3 t45, and (lie requirements of 29 CT.R. Part 3 as rnay be applicaWe, which are incorporated by reference into this contract. (2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA,may by appropriate instructions require, aii(l also a clause requiring the sLibcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these coritract clauses. (3) Breach. A, breach of the contract clauses above may be grounds for termination of the contract, and flor debarment as a contractor ,uul subcontractor as provided in 29 C'J'K § 5.11 Additionally, in accordance with the regulation, each contractor and sLtbcontnictor waist ftirriish each week a statenient with respect to the wages 1)aaid each of' its 27 Siemens Agreenient--Effective October 1,2021 employees engaged in work covered by the (.,,opeland Anti-Kickback Act and the Davis-Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to as representative of a 1'ederal or State igeticy in charge at the site of the building or work. 54.2 Contract Work Hours and Safe Standards Act J40: U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreenient prograrns, all contracts awarded by the COUNTY in excess of S100,000 that involve the employnient of mechanics or laborers must cornply with 40 LI&C.§§ 3702 and 3704,as supplemented by Department of'Labor regulations (29 CFR.Part, 5) Under 40 U.&C, §3702 of the Act, each contractor rriust cornpine the wages of every ITIeClianicand laborer on the basis of a standard work week of 40 hours, Work in excess of the standard work week is permissible provided that the worker is compensated at as rate: of not less that) one and a half tinies the basic rate of pay ffir all hours worked in excess of40 hours in the work week. I'l-je requirernents of 40 1 J.S.C1. 370:4 are applicable to construction work, and provide that no laborer or incelianic must be reqUired to work in surroundings or Under working conditions which are unsanitary, hazardous or dangerous, These requirenients do not apply to the purctiases of supplies or materials or articles ordinarily available on (lie open market, or contracts "For transportation or transmission ofintefligence. Compliance with the Contract, Work Hours and Safiety Standards Act. (1) Overthne requirements. No contractor or-subcon tractor contracting Cor any par[ of the contract work which may MCILlire Or 41VOIVC the employment of laborers or mechanics shall require or permit any such laborcr or i'llecharric in any workweek in which he or she is employed on such work to work in excess offorty hours in such workweek unless such laborer or rnechanic receives compensation at as rate not less than one and cone-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek, (2) Violation; liahililyfi)r unjmiclwage�T; liquidated dainages, fn the event of any violation of the clause set forth in paragraph (b)(1), of 29 §5.5, the contractor and any SUbcontractor responsible therefor shall toe liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case ofwork done under contract for (lie District ofColumbia, or a, territory, to such District or to SLIch territory), for liquidated darnages. SLICII liquidated datriages shall be computed with respect to each individual laborer or mechanic zm ,, including watchmen and MIVIAS,employed in violation ofthe clause set forth in paragraph (b)(1)of 29 CIRR 5.5, in the sum of$,27 fZ.)r each calendar day on Which SLIch individual was reqUired or permitted to work in excess of the standard workwvcck of Corty hours WithOLIt paynient of the overtime wages required by the claose set forth in paragraph (b)(1)of'29 CY.R. §5.5. 28 Siemens Agreenfient...Effiective October J,2021 (3) Pflilhholdingfir unlmid wages Federal agency, shall upon its own action or upon written request of an authorized representative of the IDePartment of Labor withhold or cause to be withheld, frorn any nioneys, payable on accouin of work perflornied by the contractor orsulicont-ractor under any such contract or any other Federal contract with fi-ie,.;arnc prinic contractor, or any other federally-assisted contract subject ject to the Contract Work Hours and Sat,bty Standards Act, which, is held by the sanie prinx contractor, such surns as inay be determined to be necessary to satisfy any liabilities of such contractor or Subcontractor for unp aid wages and liquidated damages as provided in the clause Z�I set forth in paragraph(b)(2)of 29 CER, §5,5. (4) The contractor or subcontn,,,tctor shall insert in any subcontracts the clauses set forth in 29 CYR §5,5, paragraph (b)(1) through (4), and al.so as clause requiring the su bcontractors to include these clauses in any lower tier subcon(ra.cts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor witli the clauses set forth in 29 §5.5, paragraphs (1) through (4). 0 54.3 Rights to Inventions Made Under as Conti-act or Agreement It the Federal, award rilects the definition of"t"unding agreci-nent" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with as sniall business firm or nonprofit organization regarding the substitution of partics, assignment or perfori-nance of expei-iniental, developmental, or research work under that "`funding agreenient," the recipient or subrecipicnI must coniply with the requirements of 37 CFR Part 40t, "Rights to b)venti(.,)n,.; Made by Notiprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency, 54.4 Clean Air Act (42 U.S.C. $ 7401-7671g.) and the Feder-al Water Pollution Controt Act(33 U.S.C. §`1251-138% as amended. C'unlractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 US.(.- §§740 1-7671 q)and the I`cdcral Water Pollution Control Act., as amended(33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environ,mental Protection Agency (EHIA). 'rhe Clean Air Act(42 U&C 7401-767]q.) and the,Federal Water Pollution Control Act (33 U&C. §§1251-1387), as amended, applies to Contracts and subgrants of anioUntS in excess of $1.50,000. The contractor agrees to include these requirements in each subcontract cxceeding$150,000 rinanced in whole or in part with Federal assistance J'-)rovided by l"UNA/Federal agency, 'The contractor agrees to report each violation, to the C'0'(JNTY and understands and agrees that the C0111ININ will, it) turn, report each violation, as required to assure notification to FEMA/1'ederal Agency 29 Sionens Agreernent—Effective October 1,2021 and the approprialcEY'A Regional Office. 5�4.5 Debarment and Sacs liension (Executive Orders 12549 and 12689). A contract award under a."covered transaction"(see 2 C.F.R. §1 80.220)must not be made to pat-ties listed on the goverturient wide CXC1USiO11S iri the System 11,)r Award Mariagernent (SAM), in accordance with the OMB guidelines at 2 1 "YR. Part I SO that iniplement Executive Orders 12549(3 C.F_R. Part, 1,98 C.,'ornp., p, 189) and 12689 (3 C.F.R. part 1999 C onip., 1). 2351�, "Debartnerrt and Suspension" and the Department offlorneland Security's regulations at 2 C.F.R. Part 300!01 (Nonprocurernent Debartnent and suspension). SAM Exclusions contaiv the names of parties debarred, suspended, or otherwise CXCILided by agcncies, as well as p arties declared ineligible under statutory or regulatory authority other than ExeCL1tiVC Order 1254-9. SAM exclusions Cali be accessed at ww\v,sam.gov. Contractor is required to verify that none of the contractor's principals(dcfincd at 2 CYR, §180.935)or its affiliates (defined at 2 Gr`�R, §180.905�) are excluded (defined at 2 C.T.R. §N0.940) or disqualified (delined at 2 CRR. §IW935), The CON'J"RAUR I* anist corriply with 2 CTR lit, 180,subpart(-,'and 2 CRR, tat. 3000,subpart,C,and ITIUSI include a requirement to comply with these regulations in any lower tier coveted transaction it enters into. This certification is a material representation Of fact PChed Upon by the ("'OUNTY,If it is later dclen-nined that the contractor- did not coniply with 2 CF.R. lit, 18,0, subpart C and 2 C.F.R.Pt.30:00,subpar(C,in addition to remedies available to theCOUNT'Y, the Federal Governnient may pursue available renredies, including but not limited to suspension and/or debarment. Bidders, or Proposers agree to Comply with the requirements oft CTR lit. 180, subpart C and 2 CYR pt. 3000, subpart C1, while this offer is valid, and throughout the period of.,any contract that ma:y arise from this offer. 'I"he Bidder or Proposer further agrees (0 itlClUde a provision requiring such compliance in its lower tier covered transactions, 54.6 Bvrd Anti-Lobbyina Atuendinent(31 U.S.C.,§ 1352). Contractors that appily or bid for an award excccding $100,000 111ust file the required certification, Each her Certifies to the tier above that it will not and Ends not used Federal appropriated funds to pay any person or organization Starr influcneing or attempting to influence an officer or earployee of any agency, as member of Congress, officer or employee ofCongress,or air employee of a niernber of'C"ongress in Connection with obtaining any Federal coalrad,, gi,ant or atry other award covered by 31 U&C. § 1352, Each tierrnUst also disclose any lobbying Nvith non-Federal ffinds, that takes phrce in, conricotion with obtahiing any Federal award, Such disclosures are forwarded from tier to tier LIP to the=iPlerlt who in turn will forward the certification(s)to fficawarding agency, IC aw,'ird exceeds $100,000, the certification, attached hereto as Exhibit I'D" and rtradc a part hereof, must be signed and subtiritted by the CONTRACT'OR to the COUN1Y 30 Siemens Agreement--Effective October 1,2021 54.7 (oujIL)Iiancewith Procurement of Recovered Materials as set fol ill in 2 C.F.R. 4 200.322, CONTRAG]"OR must comply with Section 6002 of the S'Cflid Waste Disposal Act, as amended, by the Resource, Conservation and 'Recovery Act. I'lic requirements ol'Scetion 6002 include procuring 0111v items designated in guidelines of the Envircniniental protection Agency (EPA) at 401 CY.R [)art 247 thal contall'i the highcst. percentage of recovered rnaterials practicable, consistent with inairitaitiing a satisl"actory level ofconipctition,where the J)Urchase price ofthe item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $I O,000; procuring solid waste management services in a manner that rnaxirriizes energy and resource recovery- and establishing an affirmative far ocurernent prograrn for procurement of recovered materials identified' in the EPA guideline", Ill the percormance of this coritract,the Contractor shall make ru ax i rnu 1,11 use of products containing recovered materials that are EPA-cicsignated, items unless the product Cant'104 be aCqUired-- 1, ("Orryclitively within a. fin'leframe providing for collapliance with the contract perf"on-nance schcdUIC,' 2. Meeting contract performance requirements; or 3. At at reasonable price. Inf6ri-nation about this requirement, along with the list of F"PA-designated items, is available at 1,.TA's Cornprehensive Pfocurernent Guideline's website, litt,i,lEs://www,eli t,gov/wlitil/coilipi'eheiiSiVO-pl-OCLII-Ciiieiit-guideline-cpg- prograrn.The CONIIZAC",TOR also agrees to comply with all other applicaMe requirements of Section 6002 oftbe Solid Waste Disposal Act. 54,.8 Pi-ohibit-,ion on Certain Telecommunications and Video Surveillance Set-vices or Equiptnertt. as set forth in 2 C.F.R. 200.216. Recipiews and subrecipients and their contracu,'u-q and subcontractors may not obligate or expend any federal funds to(1) Procure or obtain,- (2) Extend Or renew a contract to procure or obtain; Or (3) Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telccorn-inunications equipment 0.1, services as a substantial or essential component of" any system, or as critical technology as part of any system. As described in. Public Law H 5-232, section 889, covered, tc1ccommunications equipment is te leco nuil uni cations equipment produced by Huawei Technologies C,ornpany or ZTE Corporation (or any subsidiary or affiliate of sitch entuies)a (i) For the: PUI-p(`)SC Of public safety, security of government Facilities, Physical security Surveillance of critical infrastructure, and other national security liurposes, video surveillance and leleconimunications equipment produced by Ilytera COIIIMUIIiCrIGOTIS Corporation, I'laiigzhou Ifil(vision Digital Tccllnology Company, or DahUa Tcchnology Cornliany (or any subsidiary err affiliate of such entities), 31 Sicknens Affeenient---Effective October 1,2021 (ii):Teleconinitinications or video surveillance services provided by such entities 01' using such equipinent. (i ii) 'roil,CCO 11111111111 cat i ons or video surveillance equipmoritor services producled or provided by an entity that,the Secretary of Defense, in, C011SUItation.with the Director of the National Intelligence or the Director of the Federal BLH,caU of Invcstigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the governnictit of a covered l"breign country. 54.9 Domestic Preference for Procutements as set for-th W 2 C.F.R. `200:.322. The("Ot-WIN and CON]RACTOR should,to the great extent practicable,provide as preference For the purchase, acquisition, or use of goods, prodlld"S, or materials produced in the United States (including but not limited to iron, aluminuni, steel, cenient,and ollicr nianUCaCtUred prodUCtS). 1"hesc requirements ofthis section inust, be iflClUdCd in call subawards including conlracts arid purchase orders for work or product,; under federal award. l"or purposes of this sectiolE (1) "Produced in the United Slates" means, for iron and steel products, that all manUftlCtUl'ing PrOCCSSCS, frorn the initial melting stage throe the application of coatings, occun-cd in the United States, (2), "Manufactured products" nicans items and construction materials cornposled itil whole or in part of non-ferrOLIS rneials such as alurninurn; plastics and polymer- based products such aS I)OIYVinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and luiliber, 54.10 Americans willb Disabilities Act of 1.990,as amended (AD A) `F lie CONTRACTOR will comply with all the requirements as iniposed by the ADA, the regulations of' the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto, 54.11, D-isadi antaged Business EnterpriseDE Poficyand Obftyation. It, Is the policy of the COLKIN that DBEs, as defined in 491 CRR, Part 26, as arnended, shall have the opportunity to participate in the pei-fiorniance,olfcontracts financed in whole or in part with COUNTY fitulds under this Agi�eenient. The DBE requirements of applicable federal and state JaNvs and regulations apply to this AgreernenL The COUNTY and its CON'I.'RA-(,,7rOR.agree to ensure that DBE's have the opportunity to participate in the performance of this Agreernent. In this regard, srll recipients and contractors Shall take all necessary and rewsonable steps in accordance with 2 CYR. 200.321(as set forth in detail bolow), applicable federal and state laws and regulations to ensure that the [.)BE's have the opportunity to,compete 17or and perform contracts. "Flee COUNTY and .12 Siemens Agrecinent--Effo.dive Gictober. 1,2021 the CONTR Ac­rOR. and su bcon tractors shall tiot discriminate on the basis of race, color, national origin or sex in thealard and perfim-mace ofcontracts, entered 'IlUrSUant to this Agreenient, 2 C..V R " 200321 C.'QNj'I�.,AC"'1'lN(3 WITH SMALL ANL) MNO[OTY BUSINL,SSES WOMENL BUS31.fi�LESS LN"LERPRLSES AND LABOR SURPLUS AREA FIRMS A. Ifthe CONTRA( 'I"OR, with the funds authorized by th iAgremt, seeks to subcontrad goods or services, then, in accordance with 2 C.F'K §200 32 1, the C,ONI I RACII OR shall take the following affirinative steps, to assure that nnuority businesses, wornen's business enterprises, and labor SUrplus area firnis are used wheneye r��ble, 11, Affirtnative steps un'ust include: (1) PlaChIg ClUalified sinall and minority bush'iesses and Nvomen's business enterprises on solicitation lists,, (2,) ASSL16110 that SIM'111 and minority bU'S`iflesses, and wonien's business enterprises are solicited whenever they are potential sources; (3) T)ividing total requirements, whcn economically.,feasib1c, into snialler tasks or quantities to peri-nit inaXi111Um participation by saialt and rninority businesses,and wornen's business enterpilses; (4) Establishing delivery schedules, where the which encourage participation by sinall and mijiority busirie,". es, and women's business enterprises; (5) Using the set-vices and ass is tance, a.s_AP of Such organizations as the Small Business Adrninistration and the Minority BUSiness Developrnent Agency of the Departincift of C,omrnerce; (6) ReqUil-iflg the Prinie contractor, if subcontracts are to be let,to take the affirmative steps listed in paragraph (1) thl-OUgh (5) of this section. OTHER FEDERAL AND/OR FEMA RE'QUJREMEN,rs (as applicable) 54.12 Access to Records. Contractor/Consultant and their successors, (ransferecs, ,,,issignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department offlorrieland Security (DID ) and the Federal Eniergency Management Agency's (FEMA) access to records, accounts, documents, information, Iacifities, and suaff inust: (1) Cooperate with any Cornpliance review or coniplaint investigation conducted by DI-IS; (2) Give 'DIIS acccss to and the right to exaniine and copy records, aCCOL.Ints, and other docurnents, and sources of infori-nation related to, the grant and '13 Siemens Agreen'ient. Plffeet koc Octobu 1,2021 permit access to facilities,personnel,and other individuals and int"onmition as may be necessary, as required by DUS regulations and other applicable laws or pro rare guidance; (3) Submit timely, complete, and aCCUrate reports to the appropriate INIS officials and maintain �,,ippropriatc backup docunientati011 to Support the reports, 54.13 MIS Seat, JL,ogo, and Flags. CON"FRACTOR shall not use the [Department offlorneland Security seat(s), logos, crests, or reproduction of flags or likenesses, of E)115 agency officials withoilt specific FEMA pre- approval. "I'he CONTRAUFOR shall include this provision in any SUbcontracts. 54.14 Changes, to Contract. The CONTRA(.1TOR understands and agrees that any cost restifting from. a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreenient that may fund this Prqject and be reasonable for the completion of' the Project. Any contract change or modification, change order or CO4IStrUCtiVC change must be approved in writing by both the COUNTY and CON'lRAc,.TOR,, 54.15 Compliance Nvith Federal Law, Regutations, and Executive Orders. Tbis is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. J'he CONTRACTOR will corliply wilt all applicable federal law, regulations, CXOCUtiVC orders, FEMA Dualities, procedures,and directives. IS4.16 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNFY/non-Federal entity, contractor, or any otficr party per to any matter resulting from the contract. 54.17 Pro:L),rarn Fraud and False orferaudutent Statements or Related Acts 'rhc CONTRAC'FOR acknowledges that 31 U.S.C. Chap� 38 (Adiiiiiiisti,-ative .R.eniedlc,, for False Clairnsand Stateinents) applies to the Contractor's actions pertaining to this contract. 54.18 E-Verify System - The Conti-actor shall utilize the US, Departincrit of IfornelandSccurity's E-Verify system t( vei-ilytliceiiip:loytiiciit,cligibiVily of ail new employees hired by the Contractor during the term of' the (..',ontractl and shall expressly require any subcotitract(,)i,sti�eil"oi-iiiiiig work or providing services pursuant to the Contract to likewise utilize the LIS. Departryient of Homeland Security's Pl-Verify system to verify the cinploynictu, eligibility ofall new employees hired by thc subcontractor 34 Siemens Agrectnenr-Effectivc October V,20:21 during the Contract term, 54.19 If this Agreement is funded by the flotida Department of Emergency Management(Fl.)EM),the(""ONTR.A(."T OR will be bound b d y the terms an conditions of any applicable Fed erally-FLI nded Sub-Award and Grant Agrecinent between the County and the Florida Division of Eniergency MzItiage'llient(Division), 54.20 It' applicable, true CONTRACTOR shall hold the Division and County lian'tiless against all claims, of whatever nature arising out of the C.1 onlractor's perl'orinance of %vork under this Agrecillent, to the extent allowed and requircd by law, 5 . LJNCON'FR01'.A-,ABLE CIRCUMS'VA.N(�"E Any delay or flaiftlt'C ofeither Party to perfontt its obligations under this Agreement will be excused to the extent thzit the delay or ta-ilure was catised directly by an: event beyond such flarty"s control, without such Party's filUlt Of negligence and that by its natare could not have beet) foreseen by such Party or, if it could have bccn foreseen, was Linavoidable: (a) acts of(Jod; (b) flood, fire, earthquake, explosion, tropical storrn, hurricane(:V other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or riot), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) governinern order or law in the geograpinc area of the Project; (e) actions, ernbargocs, or blockades in effect on or after the date of this Agreetnent; (f) action by any governmental authority prohibiting work it) the geographic arc of the Pr(aject;(cach, a "Uncontrollable (.7ircurnstance"), CONTRACTOR'S finaticial inability to perforrn, changes in cost or availability of rnaterials, components, or services, market conditions,or suPplier actions or contract disputes will not excuse lierffirmance by Contractor under this Section, Contractor shall give County written notice within, 7 days of any event or circurnstance that is reasonably likely to result in an Uncontrollable Cif-CLIMstance, and the antricipated dUratillon of such Uncontrollable Circumstance. Contractor shall use all diligent efforts t'o end the Uncontrollable Circumstance, ensure that the effects of' any Uncontrollabte Circunistance are minimized and rcAlfae fill] performance under this Agreenlent. The Counly will riot pay additional cost as a result of an Lhicontrollable ('.1rcurnstance. 'rhe Contractor may only seek a no cost Change Order for such reasonable tinic as the Owners Representative may determine, 56. ENTIRE AGRE MENT This Us writing ernbodics the,ernire, agreement and Understanding be(ween the parties hereto, a,nd there are it(.) other agreeri-tentsand.undetstandings, oral or written, with reference to the subject matter hereof that are not n'terged herein and superseded hereby. Any aniendnient to this ,reement AP writing, apl)roved by the shall. be i.ri wri i Board of County (..'onimissioners, and signed by both piniJes before it becomes effective. 35 Sicifflens Agi-cement—F ffective October 1,2021 57. FINAll., UNDERSTANDING This Agrcci,,iient is the parties' final mutual understanding, It replaces any earlier ,al!,rccinents or understandings, wbether written or oral, Th'I s Agrcunent Cannot be modified or replaced except by an written and signed agreement. 58. WAIVER OF CLAIM FOR CONSEQUENTIA1,DAMAGES NOTWITHSTANDING ANY]"'141ING IN THIS AG,R1,4EMI',,NT TO THE CONTRARY,NEI"I'l](FIR COUNTY NO CONTRAC,"I'OR S1fALI-1311.-�: LIABLE, WIJI,''T'ITER BASED IN WARRAN"I'Y, TORT (1NCTJ,JI-,)IN(-j N1^,(31,,1c'i8,NC'E), S'rj�I'm,IAABTLITY, INI)EIANITY OR ANY 01`1,41`?R. LE(3Al- OR. EQUITABI...,E TFIE(AZY FFIR ANY "I'YPE OF INDIRECT', SPU,CIAL, PlJNI"f'IVF INCIDEN]"AL., OR (,,CNSEQUEN'f'IA1..,],)AMA(jES OR F0)R AN OTHER LOSS OR COST"OF' A SIMILAR TYPII, [REMAINDER OF PACT INTENTIONAL1,Y L.EFTB1,ANKj ISIGNA'I'URE PAGETO F0JA,,OWJ 36 Sivnews Agreement—Effedive October 1,2021 IN WITNESS WHEREOF, COUNTY:and CONTRI CTOR;heieta, have 'executed this. w�iout roof of accounttn foi„tlie other caul�tei at�tn hvo {2}couuterp ts,;eacli=.of which:shall, A edmdnt,on the da and.date first wxitten ahave i " g p s; be deemed an original contract. 1 83 _ 130ARD OF COUNTY'COMMISSIONERS. VIN MADOX,CLERIC OF MONROE COUNTY,FL.ORIDA q�4MT YN► ly: hwt'llsr� As Veptyttetj or. Date:—q ZO G ZZ Witnesses for-CONTRACTOR: CONTR ACTOR: SIEMENS INDUSTRY;INC:, Dulaney Dlgitallysignedby,Dulaney Btian DfigtWny3tgned by summerunJrHowanl [)Nserialhlumber=Z002CM1J(,, JOmrn�rllh Jr DN.se/ialHumBcroZOOtgxtiZ givehName=Bdan,sn=Dulaney; grvcn37�mwNoward in 5ummeilin li, O=Siefnens,cn DUlaney Brian Bl� • oward me4 cn=su_61?nliHoiva,d- B r i a n Date:2022 0 04.121436iO3.5'00' y _ oaro�oaxoa.���4 ixs�-oapa Signature:af-pemon auth r zed to Signature legally•bind Colvoration Brian'.Dulaney, 'Date: H Joe Summerlin,, Branch FBA Manager Branch-.General Manage Date. PiintNanle. ,Print Nam and'Title signature Mangi'en , _OipiLLy died ey I.GigNd loJ,nn 0 C 71 r7W11'aLtv� Skrtnr. , I bVaM•111anDkd�YMlONtla,1 LGUAnn G4e 7at10i;le lA 21 J�LIW Date Print NaYne: 1 Ij MONROE'COUNTY ATTORNEY'S OFFICE a VED Tb�,p Ivl` PATRI,CIA EA64ES ASSiS7AN1. AUNTY A�7I ANF Y, -: 4 1 t/2022 . 'DATEt., 1 •3? Siemens;Agreement-l?ffective October-1,2,021 38 EXHIBIT "A" SCOPE OF SERVICES DESCRIPTION OF SERVICES The Scope of Services ("Services') set forth in this Agreement as Exhibit "A", hereirl are specifically designed by STEMENS for Monroe (2oulity and [lie Services provided shall support Monroe county ill achieving its goals for each identified facility, SIFNIENS will provide Services to inclUde, but not limited to the fbllowing a) Systcm Perfortnance Mo.niloring--Aulornakmi; b) CIOUdOps Advance; c) BACnet Network Analysis License; d) DACnet Network Analysis; e) Preventive Maintenance Automation; 0 Software Maintenance; g) softwal-C SUbscription Service - Desigo CC; h) Automation 1--lealth Report; i) 0perator Coaehing; J) Prevenfive Maintenance -- Pneumatic Controls; to Fire Alarm Battery 'Feskiig Sen-fi-Annual, 1) "Fest and Inspection- Fire Alarm System Annual; in) Visual Inspection of Fire Alarm System Semi-Artnual; n') Smoke Evacuation System Testing; and o) FEAR System Testing, as niore particularly described herein. IW EACILITIES COVERED UNDER THIS AGREEMENT SIEMENS will provide Services, as specifically delineated within this Scope of Services, to the below U.)UNTY fiacifities. These facility locations may be ainended, from tulie to time throughout the terror of this Agreement. The facilities are as foffows� a, Monroe County f3etention 5501 College Road, Stock Island, Key West, FL Z71 33040 b Monroe Cbunty Sheriffs Administration Building, 5525 College Road, Key West, Fl, 33040 C. Monroe COUllty JUVCTli1C JUStice Building, 5503 College Road, Key West, FL 33040 ct Gato Building, I 100 Sinionton Street, Key West, FL 33040 C. Jackson Square Key West Courthouse Annex, 502 Whitehead Street,Key West,FLI 33040 f Historic C0111-thOUSC, 500 Whitelicad Street, Key Wes[, FL 33040 9 Jefferson B. Browne Building, 500 Whitehead Street, Key West, FL 33040 11 Lester Building, 530 Whitehead Street, Key Westjl.., 33040 i Freenian.Justice(.,enter, 302 Herning Street, Key West, FL 33040 J Harvey Government 1.2001"ruirian Avenue, Key West, F'L 33040 L M0111-0C COUlIfy Government Center (Marathon), 2978 Overseas Highway, Marathon, l"L 33050 L Medical Exaniiner's 'Buflding, 56639 Overseas Highway, (.'rawl Key, Marathon, FL 33050 Ill. Plantation Key Detention (,.entcr and ("ourthousc, 88770 0verscas lfighway, Tavernier, Ff., 330701 Sienicns Agi-ccinent---Effectivc October 1,2021 11. Murray Nelson Govemment, Center, 102050 Overseas Highway, Key Largo, FL 33037' 111. BUILDING SERVICES —AUTOMATION Through the Siemens Build.ing Automation Services, SIEMENS will provide the following services: 1,) Digital Services, 21) Manage Sys(en:y Operation and Conypliance 3) Protect Lifecycle frivestryient 4) Oplinyize Performance and Productivity A DICIrl"FAI.) SE1111VICTS: 1, CloudOps Autoination Advanced The CONTRACTOR will utilize data-driven ana,ty-tics to test the operational performance of` selected ,systems and ensure that CritiCarl CaUltS are addressed by its remote services, teary) whenever possible Fhis is achieved througly tile j1ppliCartion of data analytics intended to identify issues and a prioritization of faults based up on. their inipact on the COUNTY'S operations and equiprilent. Using Fault Detection and Diagnosis ("FIDD"), the CC; N'I"RAC"TOR will assess the overall perf'onnance of the COUNTY systetns while assisting in the tI_0Lj bleshooti rig of recurring intermittent issues. By using FDD, this will provide quicker response time to correctfaulls affecting (lie overall performaryce of the COUNTY systems. `Fhe C'ONTRACTOR will leverage remote service specialists to either resolve issues rapidly or to provide a branch technician with the results of their initial troubleshooting, in order-to reducc the time it will take to make repairs when an on-site professional is required. On any systems, eqUipnient, and spaces that are included in the Scope of Services, (lie CC)NTRACTOR. will analyze those remotely and provide periodic reports, helping to improve system reliability, enabling f0CUsed mainteriance activities, and helping prioritiZe resolution of pending faults. FUNIACI-11101-C, any critical faults will be routed to a rernote set-vice specialist for troub1c,,hooting and resolution. SIEMENS may thtys be able to Identify a CritiCa111_*Aflt, even before C(.')UNI`Y staff, and begin work to Wrl'W the issue. In utilizing the 'Digital Services, CON FRACTOR will esuablish, key pier fornlance indie,,.lrors ("KPIs") aligned with the COUNTY equipment, 40 Siemens Agreenmit--Effective October 1,2021 spaces, and goals. Any results will be documented by CON"FRAC,"FOR and shared ffirough Navigatol"I'm and other COUNTY reporting Iflatforms ,it the fteqUCnCyspecified in the Maintained Equipment Table, attached lic.reto as Appendix "A" atid rnade a part hereof. In order to access ('loud,013s Advanced, the COUNTY shall maintain cR,SP and N aviga to 0'"11. 2. CloudOps ADVANCE EQUIPMENTTA.B1,11K (APPROXITNIATE) 'T'lie equipment shown below located at the listed facilities will lie reviewed and a report generated by the(..,(,)N'FRACTOR as follows; F'autt- Review Frequency: .Monthly Reporting 1requency-, Quarterly ............... ............. ..........................-—----------------------- .....................w. SYSTEM DESCRIPTION QUANTITY (# UNI"US) .......................... MONROE COUN'TY Desigo CC VARIABLE AIR VOIJJME 20 DFITEWION CENTER (VAV) wrrl-iou,rHEAT (STOCK jSLAPqj ................................... .................................... MONROE CO[JNTY Desigo CC VAV wri,.I P El..,,E(-,'TRIC 5 DETENTION CENTER HEAT (STOCK,1SI-At. 1)) _.........—----------- .................. ----------—1�-.................................................. MONROE,(.'O-I,JN'.I'Y' Desigo(...0 VAV W111-1 FAN & 9 DF,TEWJONCENTI'R ELECTRIC HEAT (STO(,',K ISLAND): MONR(.)E COUNTY Desigo CC:; CONS"J'AN'I'VOLUME W1111 1 14 DE,1TENTION CEN'"I."ER ELECTRICHE,'AT "_(5'1-0(,',K-"I,SL ND) .................................... .............................................. .............................. MONROE COUNTY Desigo CC FAN COIL UNITS 29 ICE TEN'-HON CENTEIZ, AfTZ HANDIJNCY I.-JNITS I I TOCK ISLAND) ........ SHERIFF'S ADMINISTRATION 1.)esi go CC, VAV WITHOU1' 111",AT 27 BUE-DIN(j AIR HANDLING UN rrs I MONROE CGUN"I"'Y JUVENILF, Desigo CC 1 VAV W P'll FAN & 3,1 JUSTICt", [31JILDIN(ii E'LECTRIC' MEAT" AIR HANDLING UNITS 4 ................... ................-.-........................ ............. ........... PL,ANTATIONKEY Desigo CC VAV WITI-1 VAN & 8 DE'FENJ'ION EL.EC'T'R IC.' l4EAT C,ENTER AIR 11.ANDL.JNG UNIT S I ............................................... R"r(.,j 11 D %igo C'(", VAV WTITI FAN & 36 JEAT ELECTRlCl 41 Sienmis A green'ient Effedive October 1, 202 1 ----- - ----------.. .............................__ .........................._. -—.-"m................ AfR HANDLING I.INII 5 ITT ...... _ — �w.----- -....-_ .— ------_ ..._ .. --------- .... . . .�.... .... ._.. � ....... MONI(.(:E (.'OUNTY Desigo CC.: VA.V "u�+"IDI I~AN, GOVI�iRNMEN I C.`EN T. p I I."EC;"FRIC: HEAT MEDIC:;AI. EXAMINER'S Traane VAV WITH FAN , I:fUILI.)TI G ELECTRIC, IIEA'I" _..... AIR HANDLING UNIT _.....a —--------- .. ...._.. (3A O3 )11,DING T rae VAV WITt F _. I LECry:rt`R ICr I IEAT AfR t-IANDLAN(::I LJNITS & II F(713 IACKSON LIARF" KEY Wl, T Alertoui VAV WITH l'-AEI z 80 ('"',OU R.'I'l 10LJS;E AN N I",,X L7,IA"I . I_R I C. HEAT AIR II:ANDI...,ING I.JNIrr ........ MUI(.I�.AY NELSON Della A:V wt.I l-{ I,AN 39 (j'()VI:>R. PIS^ EN` C,I N°I E IsI..EC;"I RJ(,, EI1'.A'X" AIR HANDLING LING UNITS I"T S (i .... ........_......................_............. IJA,RVI=y;Y C.:rOVI"IRNMENT Johnscaar VAV WITH FAN (.,'ENTER ELECTRIC HEA"I, AIT( I-IANDI...,ING UNt"IS, 5 Building mechanical systerns deviate from their intended design over lime, ffivas resulting in decreased lae,rfor aaarrce and reliability, Further, as digital technologies evolve, building owners and operators approach systems triairrtenaarrce uisitaf improved data aataalytic;s to drive operational efficiencies. Traditionally, the more cuanurion aapaprcaaclaes to service maintenance have lacers eaitlrer as reactive car as preventive measure. CI:Iouad(.tpas Mechanical is built around t.Iae Reliability Centered Maintenance model ("RCM"), This RCM aaa.odel will ease as structured red approach of reviewing, the systems and cornp onents to, select and apply the most appropriate of maintenance st:raale ics for. ea cli asset ira as C,'.0Unty Facility, The result is a rnore proactive and effective nmintenance program, By utilizing a con iticaaa-laaased approach, the (,.'0 -JNiT"Y and the (-,()N'rRA(,',T()R.%vitl service the ecpeaipment based on its condition and ar set of predefined p_aerfornianc:e parameters, The ClortdOpas Mechanical ;service willl not only identify criticaal. iSsures before;; they become, as problem, but will also help paa.601"itirc mesas-aargent faults and avoid the endless cycle of reacting to etne%rgeatvcic& C lourd0pas Mechanical will use IaDD to employ as a'uales-based analysis of system paerforimance. By urSirapp :four (4) levels of faualt. priority, each fault level will 2 Siemens Agrccn irotil t ft'n ctive October],202;1. correspond to as different phase in the failure probability er.irve. The levels will range fi-on-t Level 1, nortnal operallon, with minor issues that can be corrected brat,have low urgency;.Level 2,early wa m rning,with oaths befo re failure; Level Level 3, high priority, with weeks, before failure; tip to as Level 4, critical, with fililUrC imminent or ongoing, 'where, SII.!'.MENS will recotniniend prompt remedial action, On Level 4. critical faults, responses will be pursuegnt to the procedures, defined in as fully executed CloudOps Point List and Instructions document to be finalized by the CONTRACTOR and COUNTY following execution of this Agreeinetit, and updated after installation of' any additional sensors or urtegrations as necded. The Cloud0ps Point Ust and histructions docu,nicat will be as customized document which details the riotification and reSOIL.Iti011 process fear the C'OUNI"Y's Monitored Eqmpl:nelit, By UtiliZilIg the above approach., SIEMENS can provide as consistent analysis of equipment performance by utilizing it .,killed ren-lote service specidisis, to either resolve issucs rapidly or to provide as COUNTY technician / mcchanic with the results oftheir initial troubleshooting, Any earn-stre repairs that may become necessary may be su jcct to additional feces as outlixied further in Appendix "B" to this Agreement, The CON TRA(,"TOR will additionally deliver scheduled reports on established KPIs as shown belo w lbur (4) times per. year: • Critical ystern Uptime Percentage • Historical Cornparisoti by Period • Overall Systeni, Fatilts by Criticality • Status of'Critical Faults • Top Rccurring Faults • Fault Prioritization Sunimary • Detailed Fault Reporting • Space ConditionMonitoring within Acceptable Limits 4. ClotjdOps, NIECHANICA1, EQUIPMEN'r TA.BIE The equipment shown below located at the listed fiwilities will be reviewed and as report generated by the CONTRACTOR as ftfllows: Fault Review Frequency. Monthly Reporting Frequenc - Quarterly Y, ............Si e Chillers putri s ...................... ...................... Sheriff's Administration 1 2 BUildi ...............---11111-111-....... 43 Siemens Agreement [,Ifediw October 1,202t ---—---------------—--------------— ----------Monroe Detention Center, 2 4 Stock Wand Monroe Detention Center, 6 RTU 6- RTU Plantal ion K ................I a ...................... ...............----------- ................................. .................................................. Juvenile Justice 2 4 Medical, Exan-nner 1 2 Marathon Govt. Center 1 2 Murray Nelson (.'wc)vt. 2 4 C',enter ............................................................................''I'll.............................................................................. ....... Harve Govt. enter 1 X C 2....... ..........- .......... J ack LU"Ire 2 2 la to 11 u i I d i n g 2 4 5. CIoutl[Ops, 'MECHANICAL (EXCLUSIONS) "rhe C"loud0ps Mechanical oft'ering will identify the specific I.,eve[ 1-4 faults defined herein on the Monitored Equiptnent, 'ro accurately report faults, appropriate sensors and integrations are required, Based on the instrunientation at. CUrrcnt COUNTY facilities, the CONTRACTOR rnay be unable to test for certain l'aults such as those listed below: a. ReCrigerant Leak, Suspectcd --- Integration to refi-iguant, rnonitor b C,'hiller Surge Condition—-Amp Meter or Chiller Panel integration rcquired c. Excessive Boiler Makeup­- Makeup Water Meter required. C. ClottdOps loll C1 tANICAI, (C1,A]RIFICATION) The following clarifications are included: a, c'RSP reraote connectivity and data integration to the Sierneris 'Navigator platforni, will be included as part of this Agreenient, b. 'When (.10LICIOPS Mechanical identifies Level 4 critical iSSUeS fOr nionitored equip inent, the SIEMENS reniote service sy)eciaiist will begin to triage the firult and hand it off to an onsite technician if necessary. c, This (1oudOps Mechanical service offering does not create an obligation of`Siemens to perforni any on-site repairs, SlEMENS 'n'lust, provide Monroe COURty with as detailed proposal 1'(,-)r review and approval prior to cornnieneing any on-site activities, 44 Siemens Agrecaient.- Iffective October 1, 202 1 d, UN/el 4 Critical flaults, will trigger a response from Siemens as defined in the tiffly executed Clouc[Ops Point List and Instructions docutnent. The Siemens service coordinator will dispatch I".'Or FCSOILAi011 Of COntaCt the COUNTY for direction pursuant to the procedures defined in the ('.IlloudOps, Poiril 1-1st and Instructions document. 7. System Performance Monitoring ]"hrough System Perl'orniance Monitoring, the Slemews Digital Service Center rt-motely nionitors the Building ALItorriation System's performance 24 I-10111-S per day, 365 days per year. Monitored systems include, a. [Jp to 100 Critical Points aTid alarnis: Limit violation alarm: Monitoring of'operatiottal parameters (e.g. lemperaftll-e, are quality, humidity; Equipment, sensor failures); Detect usage changes (e,o manual operatioti mode); Monitoring offi,equericy o,r events (event cluster). b. In the event of aii alarm condition at any of the designated mortitored points or infrastructure, System Perfomiance Monitoring initiates the alarm aind, associated response instruction to the Sienierts Digital Service Center. Wien an alarm is received, Sierneils speci,,ilists implenient a Customer specific response Process. c. SIEMENS will it the required software protocols and service tech notogy to enable perfioni-iance of this service, The number ofpoints and intrastruCtUre to be nionitored and managed shafl be iterilized ill the 100 (-'ritical Points List and provided to the COUNTY and shall be updated as appropriate thrOUgh011't the term ofthis Agi-eenient, d. Tliis service sLipplements CC; UNTY's staffit'i monitoring cant) facility with an focus, or, conditions that if not quickly recognized and resolved, COUICI possibly result, in sigifflicarit. daillage to any particular Cacility alld/Or C�WSO, potential interrul.)tiori of business. "I'his service: by SUFt"MENS is not a, guarantee against darnage or bus.,Uicss ititcrruptjoTl Froni these conditions,'ind does not Insure against the sanle occurring hi the future, histead, this service will help to provide probletri detection and also to enable a timely response by the COIJNTY's facility staff `I'lic Systetii Performance Monitoring plafforin uptime target is ninety- seven percent (97%) on an annual basis vith at), expectation of no more than three percent (31YO) 11011-planned downtime. 45 Sieniens Agreentent- Effective October 1,2021 e. The 100 Critical Point,, MH be identified and as list compiled by Monroe C01,111ty with the help of Siemens at a future date, but no later than sixty (60) days after this Agreement is approved by the Board of County Commissioners, The 100 Critical Points list will be subJect to change periodically 11117OUghOUt the term of this Agreement. SIEMENS and COUN'ry staff'will review the 100 Critical Points list oil an annual basis on [lie anniversary date of the Agreement, or sooner if'necessary, for any SLIggested, modifications, or updates, Any al-,sclated 100 Critical Points List shall be implemented and provided, to the COUN'TY within ten (10) clays ofany agreed modification, This service will sLappleinent Ole COUNTY's stafTin inonitoring each facility wid"t as Rleus oil coliditk.)ns that if'riot quickly recognized and resolved, could possibly result in significant darnage to as facility and/or catise potential interruption of business. This service sliall also help to provide problem detectinn and to enablea timely response by the ("OUNT'Y's fiacifify staff B. MANAGE SYSTEM OPERATION AND Ca`0MP111AN(-"E L Autoniation Health Report An Automation, fleafth Report ("Report") will provide at complete view of the AUtOntatioti systeni, This shall include Asset Mamageimnt with equiptnent I irrnware- to ensure the COUNTY system is tip to date with a sum niary of the panels and floor level equipment installed at each facility. The Report sluallalso provide as stinimary of the top alatins and fieclUClICY Of the last 30 clays, 60 days, Or 901 days. 2. Pi°eventative Maintenance— Auton-tation Sll,'..�'.MENS will provide preventive maintenance in accoix.lance with. a prograni Of rOLItines as deterniined by its experience, eqUlr.)111e11t application, aaar,cl locatiori. All 1ritertictPwtocol Or Buildilig level controllers are i[ICILICICCI in this service listed facilihes. Tbis set'vice will he yin in year two (2) ofthis Agreeinent. 3. Preventative Maintenance—Pneumatic Con trols Pneurnatic controls can drift, out of calibration with changes in mechanical C0111ponent perforriiance, bUilding use, and climatic conditions. SlEMF.;NS will provide preventative maintenance in accordance with as prograin of standard routines that include calibration as detern-tined by its experience, 46 Sionens,Agreement -Effective:October 1,202 D equipment application, and location. 'rhe equipment included under this service are the IIVAC' controls at the Monroe County Detention, Celiter and Dept. of'Juvenife Justice facility. 4. Software Maintenance Using approp6ate tools fi-om SfEMFNS' suite of diagii1lostic tercels, SIEMI,--,',NS will periodically perform system diagmstics and thcn take corrective actions to ensure that the Building Austori'latioll System is performing at peak efficiency or to COUNTY requirements. S,lf..?MENS will make sure that software changes are clear and consistent, address ally ("ailed points,points in al€arm, points in operator priority, and take corrective action, SJEMI'.,',NS will identity and correct software corruption and inconsistencies; eliminate (Juplicate points, redundant loops and causes of unnecessary tu'.0fic; and ad(lress unresolved points and alarm reporting problems. This will b:e done to ensure that. dic systern operates quickly, aMlralcly, an(] ef"ficiently as originally designed and installed or as deterrriiiiied by OLVI-C-31t standards car requirements. C. PR01"'EC"17 UAFECYCLE INVESTMEN't' Soft-ware Subscription Service - Desigo CC S:I I".'M E,N rS witl provide COUNTY with software upgrades to its existing Siernens Desigo CC, sollware as upgrades are released, niese upgrades, include b(All Service Release,,,, and all New Version Releases of. Softmarc. SIEMENS will also provide corresponding SUpport, docurnentatioll OUttillilIg the leatures of' (he releases. Included in this service is oilsite fortnal traiiiii,ig w help familiarize COUNT"Y staff with Lhc new features along with their associated bertetits, The upgrades will act to deliver the benefits of SIEMENS' coll'imitment, to compatibility by desigm Upgrades to PC's aild related workstation hardware are CXCIUded. D. OPTIMIZE PERFORMANCE & PRODUC"rtVITV I BAC'ueO"," Network Analysis [.king as combination of prol.)rietary diagnostic technologies an.d network analysis soffivare, SIEMENS Nvill analyze, and report oil. the performance of Monroe County's BACnel networks a 111infillUIT) of four (4) times per year or any other specified number of times per year as agreed r.apoli between (.he CONTRACTOR and COUNTY, Proper BACnd network performance helps to ensure the highest speed of conitnunication and accuracy of control, 47 Sicniens Agreement--flffectiw Octcrbcr 1,2021 alarrning, and reporting across the facility. Using BACmet network diagnostic and analytic totals, SIEMENS proactive evaluation ofthe BAC.nct data network shall include an analysis of band"ridth, disturbances, network traffic, com,m,unication over the network, mi,.,;configurafions, conflicts, sub-optimal setup, arid overall operation, SIEM't.',.NS will also make rccornmendations ()it changes to the BACnet network infrastructure if structural limitations are ide ntifited. during the analysis, The nurnber ofnemorks to be analyzed and the frequency of the service are documented in the Maintained E(JUrpnient T'able (see Appendix A). SIEMENS BAC'net equipi-rient, and third party BBC net. equipment is inclUded in, this analysis if it is connected on the same network and is visible from the point of connection. 2. Operator, Coaching Through individual Operator Coaching, SIEMF,,,NS will review and reinforce learned skills, leading to greater operator knowledge 'and productivity. SIEMENS will assist C'OUN'ry operators it) identifying, verifying, and resolving probletris f6und in executing tasks. During the coaching sessions, SIEMENS can address to brook issues, assist COUNTY operators in becoming More SCI&SLIfficient, and improve (he skill's of C'OUNTY operators to better meet the needs of the fticility and their specific ,job responsibilities. This will Promote better utilization of systenIs and appfica(ions implemented in each Courity facility. Under this Agreernent, SI.FMF,NS, shall Provide LIP to eight (9) hours co,'Iching annually, which will be conducted on normal business days and hours, Cluring schedifled visits. SIEMENS shall, Provide as quarterly report on the total number of coaching hours conducted for the year, which shall include the date of training and (he name ofat.,iy C'ounty staff attending SUCh training, E. EMERGECNY RESPONSE, TIMES UTOMATION I- Emergency Online/Plione Response.-- Billable Service Online system and software troubleshooting, and diagnostics and phone SUPPOrt Will not be provided under the coverage of this Agreement. SIEMUNS will respond to Monroe County's request fear ernergency online/phone support, 24 Hours per Day, excluding holidays, upon receiving notification of an emergency, as detcriiiined by (I I I'OL.)N'TY stalf and SIEWNS, bUt all service 1,.)erformed will be provided as as billable set-vice. If rernore diagnostics determine a site visit, is required to resolve the problem, a technician can be dispatched, Depending oil Monroe 49 Siemens Agreenflent—PATed i've October 1,2021 County's contract coverage, the on-site dispatch will be covered or will be as billable service. 1 Emergency On-site Response — Billable Service E'niergency On-site Response is not included within the coverage of' this Agreement, SIEMENS will respond to Monroe ( ounty's request 1`61. eniergency on-site service as soon as COUNTY Staff is, available. An eniergency is determined by COUNTY staff and SIFNIENS. All service perfornied will be provided as as billable set-vice. Sll':MENS will respond to M(,.mroe, County's request for emergency 011-SitC SU1,111011 Within ft)'Ur (4): hours,twcnty4.'our (24) hours per day, seven (7) days a week, excluditig hofidays, Upon receiving notification of an emergency, as determined by COUNTY staff and SIEMENS, but all service performed Nvill be provided as as billaWe service. If" SIFMENS is Uriable to provide eniergency on-site supp(:)r11 Within, four (4) hours of"notification for service, it DILISt, provide at], explanation for any further delay, The CONTRAC','TOP, shall provide a contact person to ensure twenty-fOUr(24) liour service. IV. IBLJII..,,DING SERVICES---FIRE ,Through the Siemens BUilding Fire Services, C0N`JRACTC)R will provide its services to Manage System Operations and Compliance in accordance with the laws, rLTICS, and regulations of the authority 01- authorities having jurisdiction and the National Fire Prolection Association (NITA) standards. A list of equipment covered, along with, testing frequencies, is found in the Maintained Equipti:ient'rable, set foi-th in .Appelldix "A", attached hereto and niadea part hereof. A, SITES W If H FIRE SYSTENITESTIN6 AND FIRE SYSTEM DEVICES PF,"R BUILDING(APPROXIMATE) MONROE C0UN,rY DETENTION CENTER SIEMENS, FireFinder CI S Smoke Detectors 297 Heat Detectors 38 DUCA Detectors (Smoke &1-leat) 212 Manual 'Pull Stations 29 Tamper Switches, 29 Flow Switches 13 MONIZOE C"OUNJI Y SHERIFT'S ADMIN BUILI)tNG- -------S t E M[`.`,�N S S Y S'FE M Smoke Detectors 23 Heat Detectors 7 Duct 'Detectors (Smoke) 3 49 Sicinens Agreenictit Effective October 1, 2021 Manual Pull Switches 6 Tarnper Switches 5 Flow Switches 5 MONROE COUNTY COURTHOUSE ANNEX —ESTSYSTEM JR('-3 Panel I Pull Stations 18 Ion Detectors 75 Photo Detectors 5 Duct Detector Modules 7 Thernial Detectors 9 Water Flow Modules 4 Supervisory Valve Modulcs 9 Control M.MlUles (AHIJ Shutdown, Elevator Rec".1,11) I Main. Controller I I'Wnote Zone Module I Zone Addressabte System Card 2 MONROE COUNTY JUVENILE JUSTICE BtJIL,DIN(i ---l.-,S'I'SYS',11.'F"M Photo Srulolce Duct Detectors 12 Ion Snioke'Detectors I Photo Smoke Detedors 96 Heat Detectors 17 Water Flmv Switches 4 Pcult Stations, 15 B. SPHCIf`fCA'Fl(-)NS—TESTING, CF RTFICATION, AND MAINTENANCI Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 33040 Monroe County Detention Cente'r 88770 Overseas Ilwy. Tavern ier, F.I.,33050 Sheriff's Administration Ruilding 5525 College Road Stock Island,Key West, FT 330!40 SVS11 EM: Fire Alak-111 Systein - SIFMENS 'I'lic CON'TRACTOR shall furnish all habor, rnaterja'l, equip'nent, and documentation to,comply with the authority or authorities haviogjurisdiction 50 Sicinens Agrcement [Ifective October 1,2021 for the certification., niaintenance, and testing of theFire Alarm System at the above-designated three (3) Locations, including bul. not limited tca the following: 1, ANNUAL TESTING OF MA, COMPONENTS AS FOLI,OWS: The CONTRACTOR shall conduct annual tests of all required system conLiponents as per the edition of NFPA 72H, "Festing f"rcqUetIcies'. 2. SEMI-ANNUALTESTING OF ALL('0MPONENTS AS FOLLOWS- The CONTRAC I FOR shall conduct SCMi-alllftlal tests of all required system comp onentsas per the latest.edition ofNF11A 721-1,Tessling 1"reqLiencies, 3 QUARTE;RLY T.1"SLING 01:', ALL COMPON1,`NTS AS FOLtJ I MS: The (.7ONTRACT'OR shall conduct quarterly tests of aH required system compoinctits as per the latest edition of'NFPA 72HTcstilig Frequencies. 4, SYS'YEM PREVENTA,rivL, MAINTENANCE- "I'he CONTRAC.TOR, shall develop and perform preventative inain'tenance in accordance with as prograrn of standard maintenance I'011tines as deocrinil I led by the manufacturer's recommendations and reviewed by the OWNER. The CON'FRACTOR shall maintain and test the EST"I"IREWORKS", Fire conwol systein and provide and install the latest software upgrades as, they become available. 5. CORRECTIVE MAINTENANCE AND COMPONENT R.EPLACEMF','N`P With the OWNER's prior approval, the CONTRACTOR shall repair or replace failed or wom components to inainlain the system in peak operating condition. Upgrade equipmerit by systernatically nlodernizing existing coinponcrits as may be necessary, Components that are Suspected of being, faulty will be repaired oi-replaced in advance to prevent systenn failure. The CONTRACTOR shall provide cost estimates of such repairs or replacements for OWN ER's approval. Invoicing for these services shall be ill accordance with [his, Agreernent. 6. FIRE DOOR EGRESS SYSTEIM (FEAR): The CONTRA CTOR shal I conduct tests as reconn nended by N FPA 10 t on the Fire Door Egress System, The CONTRACTOR shall test ter vell-ify Proper ftinction of the Fire Door 1"gress, System in response to automatic activation frorn the fire alarm system or marival activation ftom the systcrn operatorls Console. '['his test will As(") Verify proper operation ofFirc Door 1',gress Systeni override priorities and systent resa 51 Siemens AgrecinenL—Effective October 1, 2021 C. LOCATIONS: Monroe County Detention Center 5501 ("011ege Road Stock Island, Key West, IF 33040 Monroe County Detention Center 88,770 Overseas Hwy "Tavernier, FL 33050 SYS'YEM: Suii,)ke Control System 'The CONTRAC"FOR shall furnish all labor, nlatcrial, equipi-nent, and docurneatation to coni,ply with the service, requirements of the authority or authorities havingjUrisdiction a,nd NITA 92A for the certification, niaun(eri<"Incc, and testing for the Monroe County Detention Center's Smoke MrOl SySte,111, at the above-cicsignated two (2) locations, including but not limited to the fbllowing; I ANNUAL TES"TING' OF ALL COMPONENTS AS FOLLOWS: a) Smoke Contr21.51'-ri—tca Activation"fest: "The C.'ON'T'RACTOR shall test to verify proper function of the Smolce (."ontrot Systetri in response to automatic activation fr-om the fire alarjil system or tilanualactivation from the system operators console. This test will also verit'y proper operation of Smoke Coutrol System override priorities and system reset. b St-noke C'oritrol System Activation J'cs,: The CONTRACTOR shall: a Check Firefighter's Smoke Control Station for switch setthigs Ifl, auto POSItiOM 0 Deactivate stair tower pressurization systein 1 PU111 110int 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 systelm DOCL111.101t, that systern has been madc ready. Return stair tower pressuilzation systeni to active mode, • Reset stnoke control systern.and verify that,system is ready for smoke control. • DOCLIMCnt findings. "feast pertbrined per requirements set forth in the 11VAC prints for Monroe County Deteii(ion Confer(.Reference Sheet 10.37). C) Li r e f,,'! Lite t j,'s Smoke C,ontrof Sta ion le;Wit: 1 he C0NTRA(.'.`T0R. shall test to verify operation of [tic ["SCS by placing each 1.:SCS switch into each of its active positions and, 52 Sietnuis Agreement—Effective October 1,2021 observing the actu<:fl status or position of the corresponding Smoke COntrOl C(jUipMCIn. d) Firefighter's Smoke Con!Lol Systc.gjff,�X-S ',djineffest; IT.Ie CONTRAC71"01(, shall perfora) the Collowing: 0 Check diagnostic L,ED's, fuses and surge trcinsiclit protection devices. a (",heck line cards and function cards. Check cabling and cnSLn`C that all wiritigand tertninations are SCCUre. 0 Check incoming AC power and Power Supply. ClIeCk Power SLIPPIY voltages aad ad,just to t,5 volts if necessary, 0 C',heck the finie and reset ifnecessary. 0 ViSLIally inspect FSCS cabiact.and observe operating environawnt. e) Smoke Control Svstem Control Test per Smoke Control Zone: The C'ONTRAcrOR shall perform the following: ("heck and/or set starters, of supply and return fans to their auto settings. ■ In the auto stuoke strategy froin fire alarni system interface, Record all reSLIItS on, "Smoke Control Activatiotl Test Record" 'forin. Verify, using PT' group tables or wild carding, that each piece of'smoke control equipment has been comma tided 'per the schedule. Verify operation. Record and docunient any problenis. Reset smoke control systern, Emergency PowerTest.- The CONTRAC71"OR sliall verify operation, of smoke control system emergency power. Verify operation o,117 each smoke control fan, damper, and air-handling, unit. Verify operation of'FSCS under emergency power. 2,. CORRECI I IVE VIAINTENAME AND (.'-'OMPONENT REPLACEMENT- The C()NTRACTOR. shall repair or replace failed or worn components to maintain the system in peak operating condition. [Jpgrade CqUipillent by systematically modernizing existing coniponents as may be necessary. Corriporients that are suspected of being faulty will be repaired or replaced in advance to prevent system fi'lill.11-C. CONTRACTOR shall provide cost estimates of such repai i's or replaceinent for(.)WN ER,'s approval,. Invoicing for these serviecs shall. be in accordance Nvith this,Agreement. 53 Siemens Agreemcia Effcctive()ctabcr 1,2021 D. 1"'OCNTIONS: Monroe County Courthouse Annex 502 Whitehead Sti-eet Key West, F1...33040 Monroe County Juvenile Justice Building 5503 College Road Stock Island, Key West, H., 33040 SYSTEIM: Mre Alarm System -EST The (,`0NI`RA(7l`()1. Qmll furnish all la boil, 111art-crials, equiliment, ,11,1(1 doculnentation to Comply with the authority or authorities having jmrisdiction tbr the certification, niainteriance, and testing of the Monroe County Courthouse Annex Fire Alarm System, at the above-(Icsignated two (2) locations, iraclrrclira but not limited to the following: I ANN U'AL TESTING Cola ALL COMP(WENTS AS F01.1"OWS: The CON17RACTOR shall conduct arnmal tests of all requircd system cornponentsas P or the latest edition of NFPA 721-1, Testing Frequencies, I SEMI-ANN UAL "TESTING OF ALL COMPONI N,rS AS FOL,LOWS: The MNTRACTOR shall conduct semi-annual tests of call required syslern con,iponents as per the latest edition of NFPA 7211, Testing Frequencies. I QUAR��`FEZRLYTESTING OF ALL COMPONENTS AS F01-LOWS: The (,,ONTRA(,T0R shall conduct quarterly tests of call required systcni components as per the latest edition of NFPA 7214, 71"estinlo f,requencies. 4, SYSTEM PREVENTATWE MAINTENANCE The CONTR.ACTOR shall develop and perform, pmvenlative nmintcnancc in accordance with as program of standard jinait)tenance routines as determined by the manufacturer's recommendations and reviewed by the OWNER. .1 5. (101. R,Ec-rivt. MAINTENANCE', AND COMPONENT REPLACEMENT: The C0N`FRA(,,`F0R shall repair or replace laileCI Or Woril COMP011CIIIS' to maintain the system in peak operating condition. Ul)grade eqUipIllent by systeniaticaHy inodernizing existing componcitts as scary be 11ccessary, Cloir)poneiits that are suspected of being fiaulty will be repaired or replaced in advance to prevent systein failure. CON'rR.ACTOR shall provide cost estimates of such repairs or replacement for OWNER.'s approval. Invoicin,cy for these:services shall, be in,accordance, with this Agreement, 54 Siemens Ag,recruent—Effeefive Octobtr 1,202 f IT t 11 I.R,I E SYSTEMS t',.MER(,';I,!,NCY' R,'EPSONSt.e, 'f'IMES - AUTOMATION I Emergency Online/1"hone Response- Billable Service Online system and software troubleshooting, and diagnostics And phone sup l'.iort. will not be provided Under the coverage of this Agreement. SIEMENS will rCS1.1011d to Monroe COUnty's request for emergency online/phone support, twenty-four (24) hours per clay, excluding holidays, upon receiving notification of an enter g ncy, as determined by MOM-OC COUJILY staff and Siemens, but. all set-vice performed will be provided as a billable service. If rernote diagnostics cleterilline a site visit i'ls required to resolve the probletyi., a technician can be disp,,,ached. Depending on Monroe C.ounty's contract coverage, the on-site dispatc.11 will be covered or will be: a billable service. 2, Emergeitcy On-Site Response-Billable Service: Emergency On-site Response is not included within the coverage of this Agreement. Sieniens will respond to M011,170C COUnty's request for emergency onsite service as soon as Monroe County Staff is available. Ali eniergcney is determined by your Monroe County Staff' and Sierliclis. All service performed will be provided as a billable service. Slernens will respond to Monroe C'.OUDty'S request for emergency on-site support within firer (4) 11OLIrS, tWC11ty-fOUr (24) hours per day, seven (7) clays per weck, CXClUding 1: olidays, upon receiving nolificatiori of an enict-gericy, as deterr-nincd by Monroe County staff and Siemens, but, all service perf'onTicd will be Provided as as billable service. If SIEMENS is unable tc) provide enaergency on-site sLipport within four (4) houn,.,of notification for service, it inust provide an explatiation fi)r any farther May. The CONTRACTOR shall provide a contact person to ensnare twenty-four (24) hour service. V. SIEMENS' SERVICES REGARDING CONTROLLERS OR OTHER EQUIPMENT OF"IT11111) PART'Y VENDORS The (..()UNTY utilizes controllers and other eqriipment provided by third party vendors, ineltiding, but not limited to, Merton, Delta, Johnson, and frame, In the event of a faitilre of such controllers or eqLiipment provicled by the third, party vendor, SIEMENS will troubleshoot to identi(y Oic cause of the 6iihire, If the -55 Siemens Agreement--Effiecti ve October 1,2021 fhilLH-C requires the third party vendor's controller or other equipment to be progranimed or- repaired in any manner, SIEMENS will niake an initial recommendation for the C(.)(.JNI'Y to pay for the repair ofthe controller or other equipnient PLU-suant to this Agreement or to replace the controller with a Siemens' controller. Such recorn.mcridation shall be based on an. analyms that is in the best interests of the COUNTY If the controller or other equipment must be rcplaccd, SIEMENS will First provide as quote for the costs of` such replacenicnt and only I'mocced upon written aUthorization from the COUNTY, SIEMENS SlIOUld always contact the third party vendor directly to troubleshoot such vendor's controller or other equipment. In the event ofa failureofa third party vendorcontroller-orother equil,')rnent,CIOUNTY employcessliall.not troubleshoot nor engage in initiatingally service calls, with stich vendor, as those services shall be conducted solely by SIEMENS. It is the ititent ofthe (",0(lNTY, to manage Al services calls through its sole provider, SIENTENS, pursuant to the terms and conclitions of this AgreerneiiL Invoicing for these services shall be in accordance with this Ag)reement. V1. EXCLUSIONS AND CLARWICATIONS I Unless exprcssly stated offierwise in this Scope of'Services, Services do not include and SIEMENS is not responsible for: a) service Or PrMiSi011 Of'COTISLUIXible supplies, including bUt iio(, limited, to balterics arid,halon cylinder charging.- bi) reinstallation or relocation of fkjuiprnent, C) painting or refinishing of Equipment or surrounding surf'aces; d), changes to Services; C) parts, accessories, attachments or other devices added to Equipment but not furnished by Siemens.; f) fililUre to continually provkie suitable operating environment including, but not litnited to,adequate space, ventilation, electrical power and protection from flic clements; g) the removal or reinstallation of replacement valves, danipers, waterflow arid tatnper switches, airflow stations, venting or draining syMerns, and any other permanently mounted integral pipe or air dUCt COrnpOnCrit; h) replacement of more than ten percent(i1(D0//<�') of-reffigerant charge per. D piCCe Of CqUipment per incident; i) installation, removal, and/or rental fees for any temporary I-IVA(.,' eqUil')n1ent, it"ReCCSSMY; 01- J) latent.defects in the EqUip)TIC11t that catinot be discovered through tile standard provision oCtlic Services. SIEMENS is not responsible for 56 Sicineus Agreemcm—P"Iffective October 1,2021 services performed on any Equipment other than by SIEMENS or its a cents. tn V11. CONNECTIVITY AND COMMUNICATtONS ('SERVICE IMFL,EMEN-FATION PL,AN") 1, Siemens Remote Services for littilding Technology (SRS) A Secure remote connection to COUNTY facilities enables Slh"M[''.NS to respond quickly, and rnaintain as high level of sysl,en'i, up-tirne and performance. Siernens Remote Set-vice (SR.S) is the efficient and coniprehensive infraStRICtUre for the complete spcetruin of equipinent-related remote services. Services that fomierly reqUired on-site visits are now available via data transfer. 'rhis includes rapid error identification as well as itrunediate ret'note repair, By proactively monitoring COUNTY systems, SIEMENS can detect parameter deviations before problem,% occur, SIEMF.a,N'S will access COt,.JN'FY systems via a secure cR.SP connection. 2, Siemens Service Portal The service Portal C01:1,1111cments the personalized set-vices the (,',OLJN'T'Y will receive from its local, SIEMENS' office by providing greater visibility into equiptnent and serviccs delivered by SIEMEN'S. This web-based portal allows [lie COUNTY the ability to confirm sc.hedutles, [rack repairs, manage agreements, generate reports, and access critical iIIt,'01.111artion. tires share it across the COUN"I"YS entire enterprise qUickly and efficiently. The Service Portal is as USer-ftiendly way to increase C'O(Wry productivity and the value of`.its set-vice program. 3, Data Security as; as asic Requirement SIEMENS values confidentiality and long-term partnerships and will give the sect.-trity of theCOUNTY's (Jam the hi ,hest priority. ReforeSIFWENS implements art enlianced service package with remote SUP-port, it will conduct 'In in-depth analysis of the situation, taking into account national and international regulations, technical infrastructures, and industry specifics. STEMf,.j,NS' service employces carefully evaluate the COUNTY'S needs on an individual basis with as view toward inf'ormation, security. 57 Sienicrts Agrcement-.Effective October 1, 2021 EXHIBIT "B" COUNTY FORMS .5ts Sicniens Agreement- ESfective Oiclobcr 1,2021 SWORN STATEMENT UNDER ORDINANCE NO., 010.1990 MONROE COUNTY, FLORIDA ET H- ICS CLAUSE 09 Siemens Industry, Inc. (Company) "—warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No, 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also,in its discretion,,deduct from the Agreement or purchase price,or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." INgitaRy Ogned 4 Sum-le,fin J&Howaod Summerlin Jr 0"sgFb1N.mbv,Z001 067. Howard Nit.20ZZOW 140)16-041W (Signature) H,Joe Surnmerlin Branch General Manager Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed)before me, by means of 0 physical presence or online notarization, on \®r, U I" — (date)by CN (name of aff iant). He/She is personally known to me or has produced (type of identification)as identification. l. 4, TANYATORRES Notary PublIc-State of Florida NOTARY PU Commission#H9 106438 1-Tar......... my comm,,txplros Mar 21,2025 somed through Vatforlat Notary Assn. My Commission Expires: 59 Siemens Agreement—Effective October 1,2021 NON-COLLUSION AFFIDAVIT Fl.Joe Surnmerlin Miramar, FL Bra-nch-General Manaiger —of the city of according to law on my oath, and under penalty of perjury, depose and say that H.Joe Summerlin a. I am N,rinch General Manacer of the firm of Siemens industry, Inc. the bidder making the Proposal for the project described in the Request for Proposals for Monroe County and that I executed the said proposal with full authority to do so; b, the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. no attempt has been made or will be made by the bidder to hiiduce any other person, partnership or corporation to Submit, or not to submit, a bid for the purpose of restricting competition; e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Sm r n mm lllgliaRy signed isy$uvNn h Howard umeli Jr W swWNuouber=Z0014X0Z, givenNarne-sioward,sn-Sunisnedin Jr, cnnSumnedin If Howard Howard (Signature) H.JoeSummerlin Date: Branch General Manager STATE OF: COUNTY OF: Subscribed and!sworn to(or affirmed)before me, by means of 0 physical presence or u6nline notarization, on ... _(date)by �14 (name of afflant). He/She is personally known to me or has produced ........ (type of identification)as identification. TANYATORRES k(DTARY PUBLIC (f"7'or a,) Notary P011C-State of Florida COMMISSWI#H4 106438 My Comm,Expires mar 21,2025 W04 through National Notary AM, MO My Commission Expires: 60 Siemens Agrcentent--Liffectivc Octobcr 1,2021 DRUG-FREE WORKPLACE FORM The undersigned vendor in:accordance with Florida Statute 287.087 hereby certifies that: Siemens Industry, Inc. (Name of Business) 1� Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession:, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as <3 condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a Violation occurring in the workplace no later than five (5)days after such conviction. 5, Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. & Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the a blove requirements. Surrinnerlin Jr OW oiyu I—e Urward (Signature) H,Joe Surnmerlin Date: a-l-Manw-e-r- STATE OF: V", COUNTY OF: Subscribed and sworn to(or affirmed)be ore r e, by means of 0 physical presence or 216rifine ), notarization,, on '_; (date) by (n I ame of affiant). HeiShe is personally known to me or has produced (type of i entiffilication as identification;. f�A P& TANYATORRES x cores: Bondled thr ough National Notary Assn, State of Florida NbTARY PUB IC Commf%ston#HH1 106438 A NOWY PUNC My Commission E rfll My Com m.Expl res,Ma r 21,202 5 E ...", 1 61 Sicinens Agrceivient—11fective October 1,2021 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who ties been placed on the convicted vendor list following,a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for(lie construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0117, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." H.Joe 5=rrierfiri I have read the above and state that neither Branch Qeneral M briager (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. Sm r UmerlinJ UN!A„Y,�IINJwalmdama+Z�7YJld%M5'1;, HQward (Signature) H.Joe Summerlin Date: Branch General Manager STATE OF: Q"k COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or[T. "online, notarization, on (date) by 41--, -N31, (name of affiant). He/She is personal known to me or has produced (type of identification) as identification. TANYATORRES Notary Public-state of Florida N& ,ARY PUBLIC commission#HH,10608 MY carom.Expires Mat 21,2025 %nded through National 00tarY Assn,, My Commission Expires: 62 Siciiiciis Agreciuctit—1"ffcctivc October 1,2021 VENDOR CERTI FICAT]ON REGARDING SCRUTINIZED CO M PANI ES [ASTS Project Description(s):_1 Monroe County SA 20 - —-------- ............------------------ Respondent Vendor Naine: Siemens Industry, Inc ............... Vendor Fr.,,,,,TN, 13-2762 H.Joe Surnmerlin end.or's Authori7.ed Representat'iVe"Manie and Tide: Branch General IManager Siemens, Industry, pnc. ...................................--.............--.................—................................ Address: 3,021-M Cornmerce-Avenue ....................... -------------- ...... City:... Mirarnar, FL33025 State: Zip- -------------------,...........----...... .................................--............................... ------------- Phone Nulill.)cr: 954-91.4-1.1'?9 ............... F)11 a:i I A(I(:I r es s: fj o-(-,ts-u�--n,-i,-a r-H E@-si c-t-i ... ..........-1-............................... Section 28,7,135, Horida Statittes, prohibits a conipany froin bidding on, sub.mitting a proposal for, or entering into or renewing a contract fear goods or services of any amount if, at the thne of contracting or renewal,the company is on the Scruhnized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Stawtes, or is engaged in a Boycott of Israel, Section 287,135, Florida Statutes, also prohibits a company fi-oni bidding on,subrnitting a proposal f6r,or entering into or renewing as contract R)r goods or services, of'$1,0100,000 or more, that are on either the Scrutinized (-,',onipanies with Activities in Sudan, List or the SO-Utinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s,. 2 15.473, 141orida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behall'of Respomlent, I hereby certify that the C01111parly identified above in the Section entitled "Respondent 'Venclof Name" is not listed on the SCI-Utini7,ed Cotypinies. that Boycott Israel List or engaged in a boycott of Israel and; ekhe�,,the Seitttkii5xed —tAftil 6ist,the 70 Wki ill the ira! PeEro�etlm Emlergy zs ''eeior m,e1tgttt.,P i ed i!t bttlifte8s oremtioms ilf Gttlft',ft�t I onderstand that pursuant to Section 1U.1 35, Florida Stamtes,the submission ofa false certification may st,ibject company to civil penalties, attorney's, Cees, and/or costs. I fi-irther understand that any contract with the County may be terminated, at (lie: option of the County, if the coinpany is fl.nind to have subn1itted a false certification or has bcen placed on the Scrutinized Cornpanies that Boycott Israel List or engaged in a boycott of Israel 'vifies i1i Sudittl [-,ist or Hie elittilini"d PE H.Joe Sunit'nerlin Certified By: �,,b 0 11 -e authorized au :L�Ogj !_Mg�Mp who is , to sign on behalfofthe above referenced Authorized Signati.ve:,__U P Harr- f1rint H.Joe Summedin ............................... --------—1.1................. ------------- Title: Branch General Manager Note: The Ust are available at the following Department ofManagernent Services Site: Lit-tz,!wKw—Amp ,,i ol,.) iiif"oi-ii,iat.ioii/coii\�icted jints veridor lists 63 Siemens Agreenieni Effccfive October 1,2,021 l"'aJNlintxrity owned Business Declaration -........... ................._. ....,.. a sub-contractor ngage by Monroe County during the cuornpletion of work associated with the below indicated project (Check cane) is a minority business enterprise,as defined in Sanction 28 .703, Florida Statutes or . -11 is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S,288,703(3) "Minority business enterprise"means any small busiiness concern as defined in subsection (6)(see below)which is organized to engage in cornmerclal transactions, which is domiciled i'n. Florida,arid which is at least S't percont-owned by rninority persons who are members of an insular group that is of a particular racial,ethnic, or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresent<ation of cornmercial enterprises under the group"'s control„and whose management and dally operations are controlled by such persons.A minority business enterprise may prirnarily involve the practice of a profession.Ownership by a minority person aloes not include ownership which is the result of a transfer from a nonminori'ty persona to a minority person within a related immediate far°silly group if the combined total net asset value of all members of such faarnlly group exceeds 1 million. For purposes of'thls subsection,the terra"related im medlate family group"' means one or more children uinder 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living,unit,. F.S 288.703(6)"Small business" rneans an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration g(a)certification.As applicable to sole proprietorshilps,th,e$S million net worth requirement shail include both personal and business investments. Contrackcut....!)2ay fen ito F `, ��g.7t13 for more information. Contractor: Siiernens Industry, Inc. Sub F�e�er ageft IMonroe Courity ...,,w. l� u�F ���rvai�ut�irvd��+u.��xrinxiar.NS+�r,wN�r N"Cat�t�re.._._.__.......�.W�_......_.. . ........ .... Signaturet�FT'1ii"1" wild Print Name — ,A✓ printed Narne: Title: _ ...H.Joe uurnmerlin _� title/ t3 Del��"'artlrment:�w_......................_. Branch General Manager Vedfied via: �.. ems.; &Mad Onrrs,rnyf(or da,c.carn dime ctori s Address: Siemens Industry, Inc. DEM Contract: City/S�t'ate/ZlpP .. — mmerce Avenue _,,,,_. . ..._. Cca.rE-3 2'f"v'lur°arraar f" Date: Ffr91�'kect Ni.urrsbc:ru 64 Siemens Agrccnicnr, Ef'f" c:tive Ocrober 1,2021. EXHIBIT "C" DAVIS-BACON MIAG KS STATEMENT 65 Sicinens Agreement—Effectivc Omber 1,2021 "General Decision Number : FL20220022 02/25/2022 Superseded General Decision Number: FL20210022 State : Florida Construction Type : Bu,'!.Iding County: Monroe County in Florida . BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : Contracts subject to the Davis-Bacon Act are generally required to pay at least the app]...i,c. ,ibl.,e j-rd"ni,ntum waqe rate required under Executive Order 14026 or Executive Order 13658 . Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itseif, but do not apply to contracts subject only to the Davis-Bac:on R( lated' Ac.ts, including those set forth at 29 CFR 5 , 1 (a) (2) - (60) . ......................................__............................-1...............................­11111­ ......................­­­ I.............................................................. ................. ­11............... ---------------------- ...........-—-­­­­­..........................................- AT the contract is entered Exe(.-,'.'Lative Order 1. 4026 linto on or after January 30, generally applies to the: 12022, or the contract is contract . Irenewed or extended (e .g. , an The contractor must. pay loption is exercised) on or I all COVered workers at.-, lafter January 30, 2022 : 1 least $15 . 00 per hour (ar I the applicable wage rate II listed on this; wag(.a deterniinati..on, if it is highe.r) for al.] hours spent. performing on the corit'.racat in 2022 . I ....................-----------------___....................._ , _............. .................... .............. ............ act was awarded onj . Execut-ive 0-r Ica r 13658 lor between January 1, 2015 andl generally applies to the ! January 29, 2022, and the contract . The Icontract is not renewed or must-, pay al. l. lextended an or after January covered workers at !east 13 0 , 2 0 21 �11_ 2 5 per hou.r.. (or the 66 Sionens Agmenictit-1',ffiedive Ocrober 1,2021 applicable wage rate list'ed on this wage detErmin,tion, i.f it, is, hi,gher) for a.11 hours spent performing an tficit contract in 2022 . ................................................................... ............ The applicable Executive order minimum wage rate will be adjusted annually . If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not, appear an this wage deteymination, the contractor must still submit a conformance request . Additional information on contractor requirements and worker protections under the Executive Orders is available at https : //www .dol . gov/agencies/whd/government-contracts . Modification Number Publication Date 0 01/07/2022 1 01/14/2022 2 02/25/2022 ELEC0349-003 09/01/2021 Rates Fringes EL lea CTRIC]"AN . . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72 ----------------------------------------------------------- T�',NfG:F048'7-004 0'"1/01/201.3 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity . . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard C'Y.-anc, Hydratilic Cxane, Capacity 15 Ton a:spa(l Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 ----------------------------------------------------------- 1RONO2'72-004 1,0/01/2021, 67 Siemens Agrearicat -liffedive Ocroba 1,2021 Ra t e s r- nc J 4 c s) IRONIIWORKI.o','R, S'J°RUCJ.'URAL AN[) REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 26 - 00 -1,4 . 16 ----------------------------------------------------------- PAIN0365-0104 C)6/0'1/202-1. Ratles E,.i:inges PAINTER: B r a.,j s h 0 nl-y. . . . . . . . . . . . . .�,,; 20 . 21 12 . 3 8 ----------------------------------------------------------- SFFT,0821-001 12/3.1/2021 R t e.,,,�,, Fringes SPRINKLER FITTER (Fire S p r i..r�k.1 e r s); . . . . . . . . . . . . . . . . . . . . ...5 30 . 63 21 . 09 SIIE 0032-003 12/01/2013 Rates 1'r i n g e s SHEETMETAL WORKER (FIVAC Duct, .1 n s L a I I a LJ..o n) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 ----------------------------------------------------------- SUFT,2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ .1.5 . C18 5 . 07 CEMENT MASON/CONCRE-PE IFINTSHER.. 12 . 45 0 . 00 FENC'IE ERECTOR. . . . . . . . . .. . . . . . . . . . . $ 9 . 94 0 . 00 LABORER: Common or General . . . . . $ 8 . 62 0 . 00 LABORER: P ip e;I.a y e r . . . . . . . . . . . . . $ 1-0 . 45 0; . Ol 0 OPIIRATOR: Ba,ckhoe/Excavato:r. . . . . . $ 16 . 98 0 . 00 Agg q a L.rc� e a, nd Conc,.Y.:,et,e) . . . . . . . . . $ 9 . !".),8 Ol . 00 68 Siemens Agreement October 1,2021 OPERATOR: Pump . . . . . . . . . . . . . . . . . . �$ 1'.1, . 00 11 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . _ _ $ 12 . 27 3 . 33 ROOFER: Built Up, Coiriposit,ior"i, Hot, Tar �.ind Single Ply .. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 k k 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 6_1 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . Workers in this classification inay be entit.] eel to a higher minimum wage under Executive Order 14026 ($15 . 00) or 13658 ($11 . 25) . Please see the Note at the top of the wage determination for more infoT.:-mation . Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1. hou-r- of pa-i�.d sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health...zelated needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victiwiii of, domestic violence, sexual assault, or stalking . 69 Siemeiis Agreemem --Effective October I�2021 Additional information an contractor requirements and worker protections under the E0 is available at https : //www.dol .gov/agencies/`whd/govei,-nnient-con,9.ra(,t s . Unlisted classifications needed for work not. incli.aded within the scope of the classifications listed may be added after award only as provided in the labor standards c,o n'(-.:r a c-I': c,,I a t'i s e s (29CFR 5 . 5 (a) (1) (ii) ------------------------------------------------------------ The hody of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in th(,, area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particula.r rate is a union ),-"ate (current union negotiated rate for iocal) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union, Rate Tdentif iers A four letter classificaLion abbreviation i,d(ar)Lifier enclosed in dotted lines beginning with characters other. than ""SU"'I or "KAW" denotes that the union classification and rate were prevailing for that, classification in the survey. Exampl,e : PLI.JM01. 98-005 07/01/2014 . PLUM is an abbreviation identif'i,er of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council.. number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 01/01/2014 is the effective date of the most current negotiated rate, which in this example li,s July 1, 201-4 . Union prevailing wage rates are updated, to raflcct all rate changes in the collective bargaining agreement (CB A) governing this classification and rate . Rate Identifi.e:r:s Siemens Agreement-F,ffectNc Octoba 1,2021 Classifications listed under the ""SU"" idei-iti.f.-Lor indicate I.Jiat-., no one Me prevailed for Lhis classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classifk:ation . As i-]'i.is we -ed average rate includes all rates reported in the survey, it, may include both union and non-union rates . Example : SULA2012-001 5/13/2014 . SU indicates the rates are survey rates based on a weiqhted average calculat,-.1-on of rates and are not majority rates . LA indicates the State of Louisiana . 2012 is the year of survey on which these classifications and rates are based. The next nut'iA,)er, 00'/ in the example, is an internal number used in produf,--,dnq the wage determination . 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier . Survey wage rates are not updated and remain in effect, until a new siarvey is conducted . Union Average Rate Identifiers Classification (s) listed under the UAVC; identifier indicate that no single majoriLy rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data . MXAMPLE : UAVG-OH-0010 08/29/2014 . U tit G indicates that the rate is a weighted union average rate . OH indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier . A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current, negotiated/CB rate of the union locals from which the rate is based. ----------------------------------------------------------- WAGE DETERMINAT"'ION APPEALS PRO(,'ESS Sienicnis Ageement-Fffective Octoba 1,2021 1 . ) Has there been an initial decision in the matter? This can be : an existing published wage determination a survey underlying a wage determination as Wage and Hour Division letter setting forth as position an a wage determination matter a conformance (additional classification and rate) rulinq On survey related matters, in-itial contact, including requests for summaries of surveys, shoi,,iJ.(3, be w.ith tlie Wage, and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed, With regard to any other matter not yet ripe for the formal process described here, initial contact should b(.,,� witli, -the Branch of Construction Wage Determinations . W.rite to : Branch of Construction Wage Determinations Wage and Hour Division U . S . Department of Labor 200 Constitution Avenue, N.W. Washinq[.-.on, DC 20210 2 . ) If the answer to the question in 1 . ) is lies, Mai an interested party (those affected by the action) can request, review and reconsideration from the Wage and Hour Administrator (See 29 C F R Part 1 . 8 and 29 CFR Part 7) . Write to : Wage and Hour Administrator U . S . Department of Labor 200 Constitution Avenue, NAV. leash. ngt on , DC 20210 The request should be accompanied by a full statement a,[' the interested party ' s position and by any informatiot-i (wage payment data, project descripticgi, area practicle 72 Siemens Agreemcnt EffcctWe October 1,2021 material, e.tc . ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is n.ot, favorable, Sara interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Boar,d) . Write to - Admin:as Lrative Review Board U . S . Department-, Labor 200 Constitution Avenue, N .W. Washir-.igtoti, DC 20210 4 . ) All decisions by the Administrative Review Board are final . END OF GENERAL DECIS10'' 73 Siemens Agreement-, LSfee6ve October 1,2021 EXHIBIT "W" BYRD- ANTI - LOBBYING CERTIFICATION 74 Sienicns Agrecment Effee6vc October 1, 2021 APPENDIX A, 44 C.F. . PART 18— CERTIFICATION REGARDING ILOBBYING (To be submitted witli,each bid or offer exceeding $100,000) C'ertification for Contracts, Grants, Loans, and Cooperative Aoreenients g The undersiLgned certifies, to the best of his or her knowledge and belief, that: I. No Federal appropriated funds have been paid or will be paid, by or on behall' of the Undersigned, to any person tot, influencing or atteatpting ter Influence an officer or employee of an agency, a Meniber of C,ongress, an officer or employee of C'ongycss, or an employce of as Member of Congress in connection with the awarding of any Federal contract, the making of away Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, arnendinent, or tnodification of aity Federal contract, p rarit, loan, or cooperative agreement. 2. Ifany funds other than Federal d,ippropriated funds havc been paid or will be paid to any person I'or influencing or attempting to intILICtice an officer or cniployee of" any agpicy, as Meniber of Congress, an officer or employee cab(ion gress, or an ernployce of a Member of Congress in cmurection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Forra-LM, "Disclosure Fort'n to Report Lobbying," in accordance with its instructions, I The undersigned shall require that the language of this certification be ZI included in the award dOCUnIentS for all subawards at all tiers(ilICILIdifIg SUbcoxitracts, SUbgrants, and contracts undcrr grants, loaus, and cooperative agreem,ents) and that a[k SUbrecipienk, shall certify and disclose accordingly. This certification is as tiviterial representation of fitet upon which reliance was placed when this trart,,.wetion was niade or entered itito. Submission of this certification is a prercquisite tot-niaking(it-entering into this transaction imposed by section 1352, title, 3 t, U.S. C.ode. Arty person.who faits to file the required certification shall be subject to as civil penalty of'not less than $10,000 and not more than $1 00,000fbr°each such failure, 'r,he Contractor,, , certifies or affirms the truthfulness and accuracy of each staternent of its certification and diSCIOSUre, if"any. In addition, the C.ontractor understands and agrees that the provisions of'31 U.S.C. (.',hap. 38, Administrative Rernedies for False Claims and Statements, apply to this certification and disclosure, if any, by 5.,wedt,,I,I Wkw=;b,,ZDNOD4 qWMmw,yi*-,O0, Sumimerlin Jr Howard Signature of Coatractor's Authorized Official ......................—--—..__............. 'Nanie and Title of"(:ontrac tor's Authorized C)fficial Date '75 Siemens Agrecatent—Effect i've October 1,202 t DISCLOSI-RE OF LOBBYLNG ACM7=S 1:1101MvL-=- --7-ru-rj 33 US,C.M'-' ............--- L '�-piofFed,# dAAcfiG,-- u-. 2. Stvwi of Fedtiral Action. I- Rep-Drt Typc I conno =a LMUI b- zraml b, Mill ate.Zd b matEdAs claw C. i0ope-at've&gr-p �nr C, pG-.T-ilT,-Md d, 'iem YD r XbIffial CIL20ge Oiuh-: 103a MU=E# vlhu— guarEBr—.— I=im, urmze btE of hn r;part 4. Namp and Ladd—,a[Rqmrhur, to S. If'RepmtinEEudtvinNo.AisSubivrirdLe, atu Nmne sud AAArpm afPrimp- ibm sane` Inval a--- Ti Er if InGUM Cwmpssjoual DiAiUt,if lmo%m Cocgrtniona2l strict ifl-nown 6, Fe&i-.d DtpirtmatApAcy. 7. Federal Prosr3a Nauw.Dewripfiov CTDA Smaber,d ap�wzbk 8- Fedual Artiou Scusber,Lflm 9, Aw=,d-A=vAt,d7aw3v 10, a. -Nimt.,LudAddrv-qaefl.,a;bbyatity b. ladhidulh Pnlurmix-Services (MrNdmr f If iaih-dwl lwi-i rjmw.,,first mvi.iL IN ) addz--;s if from 140. 1 0a) (Ilu alme�bz-.t Mme.N91, Barra Ca ram bon Dieet(s)ffmeceasmN) 11. A=aMUJ,art'PZVMJ?Ai(Ch-Kt A that Sppiy) B, (cILKL-A lLst*ply) acuag ' pla=ed a r-KaMff Li 'h. OCL-=P-.R"a U Fum cat'Paym.rat(ch"k A that apply)- c car mmiii"icy t -.pecift: Maos Value f oku. ipnaif^ 14, BiiTefDesrflp-buu of SErsicas Pufa rim"or to be performg and Dide(3 Of&*T(S),eMPICTWI),UT M#=Wf5)ccuiwt4 far Pay-mat Indicated im REM U-- ifunaEsary"I CDatinnui-on t(s)MitichIE& Yts El so El td. :-4&==jhnn xK=,.-m d,ti----L=lba frrm�ir=iadzad I-, 11 U.5,C. 137f Tz�5 di;r ki=d"It bbyin; sigrmlruE� dw mixr nicu g6n dz a aulm-4 d min, 'phi;ljaclau=v is plint 111MIR ............ rcfexb;d to,CanEnit;=L-a=Illv anA wig*b;a z,,mi-rA!4 Rr pubb:iarpvctim . pwv= b0s tc Ek %h4 a lzkjet;a 2-dTyQ P&=7j at' sit D;,". S L 0,W)3=45V.Mrn'.bl--t 100.W!�t;0,1 Caa Tea Wqb mm E,N o�——--... ....................... Aulbork-md fay buical FsprMwgoo Fe-aeral Only,. S=±zrlFaLm-LLL PART 2,rWUl"^M' INSTRUCTIONS FOR COMPLE.TION OF SF-LLL, DISCLOSUREE OFLOBRYING,ACTINMILS 1his disclosure forul shall becinnilgiQled by ffic teporiing cinity,wheffier silbawardee or pyinir Fcderal recipieni,at the initiation or recegin of' covtred Fedc a I acfionm a Mateda I CINTIUC LO 1"Ifevio[IS fifingpunivaw to title 311 1,S.C,section 052, The Ci I in gofa forn i is requiied fi)r such payinent or agicement to ginakepayment to Iobbyingerafty Coi influencing or aoctigfiting to influence an officeror etnployec of a ny agtncy,amemberilf cowgre%all Con gresS in colirlectio n wi III a Co vered FedeTalackion. Mach a colifitrula ion street for additional iliforitiation g khe space on dit form Reki to the,irriplementing guiriance Publ ished I)),the 0 ill ce o f M an age gittent an d Hudget tbr additional drop ronratieiun. L liltnti Iy,tile type of covured Fedecal acfiogg,fore lobbying activity is anckiz has Ibeco,,,,"ecured to ilifligence,diti oulcorne, of a covenN.1 I-'ederalact ion. 2, hienfify the stalu:a of the covewd Feduj[action, 3, Idenfif'y the appropriate ekl,,,Mfication of ihis repoii. If this is c follow-up qioigl catiscd by a mwerial chango to the iTifoanuniogi pieviowly reporied, enter the year and quarter ill which the chajqte occuried, Unger die dale rlftpw Iasi, Pteviously subillitted Itpott by Ohk repeating tntily Cor this covered Federiii actiori, 4, ["'wer ale ftol narric"I(Wreqs,city,s(ale and All code ofthe rqunfing cntny. Include CongAossional DiMiict iflulowin, C,fieck flic apploirriate clas'sification of the iep(Mint,,,entity'that dwsignaic,Wit is or expects,to IM a p)Vi=Of SUINAW81'd YC'Cif)iCilL Idcm iiiy the,Uer of,the'subawar8ce"e,g_the front subawardee ot'ghe lifirne is,the fifst tier. Subawards include bul lirc',licsi filylite'd to subcoutracAs,sub1traws,and conuad awards an der jpant . 5, 10he ortiallil'ation flifim,rite tarpon in hein 4 checks"Subawardec"thell Coro'fl%,AIll name,ukhes,city,stale and Ap codr,of 6. Drater the wag gi c.o idle Fed era t agency I T1111(in g(lie,awai d or klart coggimitiucilL, below ap gencyliatue,Wknown, 7, Nilel file Fe derail prognaw giume or descritifiniN ibr thc covered Federal acuon(ilcm 1). Wknown,elilcn-the full Catalog(it' Federal Don-leglic Assisl;ance(CFDA)number f(ii grants,cooperative agrceoleglis,Itians and triall 8 I'literthe gumt appropliate Fedelol icdentrryutlgpnaitntrea available for the Feder a0nu iden"fication In stern I(e.&, kequest frig Proposal(RIVII)manbev,jilvitatioll furor Bid(IN)ritignber,gruill ainiouticement number,tire corigiract t;g'ant or loan awaud numbeE-, the, contnil nionbei-ossigiwd by the Federal agency), Includc ptefixes,e.g., 9. For a covered Federal octiogi where there hus beell an award foe 10211 C01111114MICot by the Fe dei-M ap alnoltra 10, (a)F lite r the full marrie,an ddt es S,eii ray,st ate and Ali c ode of the lobbying coUly cagag!ed by t lie I e po rb n�,,g,e ii I i ty identift e d ire i te ni 4'tea influenced the coveled Federal ackiun. (b)Enter the NU crannies ofilic Individual(s)pertomnii.-servioes and inclu&full address ri'ditlexem trogir W(a)- Figier Last Mune,Fivst Name,and'VIRIffle lni6al(MI). F"Wer(lie argiount of paid or re,trsoriaWy ek[sceted to he paid lbyythc icporfing entity(item 4)io the tobbying entity (item 10). fildicare"rhethicr the f),'hyrrtent has been Inade(actual),orwill be alade(PNMed) Check idi boxes that apjAy, It ilik, is at inatedul cluinge report,enter the cuinulative airimlat of payrneut inade or plarriDeA to be niadc. Check thin appropHate box, Chcck A lioxa,,,if uNtapply. Wpaynwent is made throup,b all ni-koul cotiltibutiou,spuciFy the wauve and wfllue offlic in-kind paymou, 3�. Check dic approprigare box. Chcck all boxes that apply. Iroffier,spccir,nanne. I 4dr, Pro Y ide a spec i fi e and d c ta i led desc ri pt ion 0 r(tic Services ill aq tile lobby ist hics perfolme d or,%Y i I I be c xpected to perfon n salad trine datc(s)of arly set Vices icaidered. Include all prepairatIn-y and vdatedeclivity giceJust trine speni in actual corgiact with Federal cifficials, Identify tire Fedwil officev(s)01 cmployer(s)confacied or(lie officer(s) or Mcoubcr(s) and T,ougr esalai were c(milrgcted. 1 5�. (.heck'wherbet o�r nor,a conflnuation Mwet(s)is rutached, 10. The celfifYing official shill sign and thate the fiani,print his/her goinfe title and relephoue number Public repolvint",bl'u'dell for itfis collection of information is,estirtiated fo average 30 Ininutes per respollse"inclildnig finle 1,6N. re'N6ewn1g winijahip,exisflog diata sources,g"liheriltg and tilaiwaillifig,Ole dala necded,WA colyllAeting aild reviewing llic., colluctioti of allifrinalion, Send collinwaNiegarding treburden es�iiillreorallyotficl aspect reducing this hurden,to the Office oi'Mar agInvent and Budket,Paperwork Reduction Project (0304)046),Wishington,D,C.20503. 4F-UL-Iwswucgions Rev,06-04- 2'-6d PARF21COUNTY 77 S ictriens Agrceincti l.—tiffective Cetober 1, 2021 APPENDIX "A" MAINTAINED EQUIPMENT TABLE 78 Siomens Agrectnent—Effective October 1,202 V. SIEMENS Ufv— Maintained Automation /'✓.J,r,,,,>,Y � /'��%!; (f/! rr�'" r r r1I ( f,Y✓ I ((d;/ls,If�/fA J,/r,,z3 /� ,r a / I r ., l,l//,.r l(% /✓� ,fi: Yn J 1.1 fi. f l�,. rd1� r, ,!/., r .,r r r t i r,. r ��� r l�. �rVlr �/r li. r�i J.,✓.r r,F l/�,/„ rl�J r/�f�., l�f/ir..f r. / (!.. i/ i <; i r / V �..;" ., r�s Vr/�il(/+,rs,Y/ U��I rf ",,. %//��t��J/j :1�� ��'J;j,J ./(I��%�+%%; >r�' � i���N/r s/ r✓jiFr 1 ri 9l' .i�>I�.'�t� i- �'�" r"�C"V;4/rjF✓ s{�(/ ill {;,,"nN rf r ,r ri`Y�t/l/ rr) fGGr)/1;.. („ri�jh -H 1 rol/ rP.r /(riri fs �r//n * r ' r , �"14!eo&3rw'. Visual BACnet up to 250 Devices BACnet Network Analysis License 2 1 1.,2,3 Rvinote N/A Building Level Controllers Preventive Maintenance-Automation 24 1 2,3 Onskuu N/A Caesigo CC wrksta'CAB:SVR Software Mt Ontenance I 1 1.,2,3 (')mRe ~i//u VAV Box Control Preventive Maintenance-IPneuarnatic Controls 50 1 1,2,3 Ons to N/A. VAV Suglpty Fan Preventive Maintenance-Pneumatic Controls 11 l 1,2,3 N/A Air comp.,t.u,bed,Cauplex,3&S HP Preventive Maintenance-Pneumatic Controls 1 1 1,,2,.3 0nsite N A Air Dryer,5-2 x SUM Preventive Maintenance_Pneurnatic Controls 1 1 1,2,3 orr,s w, N/A Page 1 of 4 SIEMENS Fire A ppeni ix "A" ll,....�/ / /„I 11/Y !F l > ➢ ,;,/ ,.,. r ! ,�, ,r r.✓ ,nr, ,r fri J l,. r .,, ,vi. r 1 r / .,. f // rr;, r '.;l/; v,r;;,./ r ✓/�, � ,„J I rIr'r �Y ,,,, Ii, Y l�r,,l f r� r,f r !, r, r! I,,r,!,/�I r ,vi„r.y,.r; r✓7� ,. H / f r(�/ .,,r/ 1.�.ii �,1 r 7 YV bl >r ✓�r !r-I ,/ /. 1 ,,,I. �.,,/� .v�Migl / ,, , ✓ ��, � � ��r,r�et���!/,.� �r/(fir t/f/�1i��xrrr� �) rxr,��� ������Ifi��� /(ra,l�,_ /.�lJrtjlre��!rn%��rr.��,/„/,�/,lf�� � lr/�r,�l( ;I ni;Ym! //; �i.r/r, a Fire Aarna Battery Fire Alarm Battery Testing-Semi-Annual 4 1 1:,2,3 Ons'dte, N/A Addressable Smoke Detector. Test&Inspection—Fire Alarms System Annual 516 1. L2,3 tonsure N/A Visual inspection of Fire Alarm Systena Serni- Annual 5161 A.'.'3 rpsax; � N/A Addressable Duct:Detector Test 1lr inspec'Uon-•Fire Alarm 4ystewm Annual 233 t 1,2„13 tlnsitry N/A Vlsual lraspectioi n of Fire Alarm System Serial- 233 1, 1, „3 OtSKC, N/A Annual Addressable Heat Detector Test&'Inspecdon—Fire Alarm System Annual 47 1 1,2,3 Ons�te N/A VisualiIlnspealJon of Fire Alarm System Sern 47 1 t. ,3 Luaslte N/AAnnu.ral Addressable Pull Station Test&lnspectlnn .Cure Alarm System Annual 77. 1 7,2,:3 (nine NIA Visuali IlnspoOoin of Fire Alarm System Semi- 72 a 1„a;:3 ua�,site rv/r, Arunual: Control Module Contact Output Point Test& inspecUon •'Fire Aiarrn System Annual 121 1. 1,2,:3 Onsite N/A Page 2 of SIEMENS Fare Appendix "'A" i [ „� y. Ir' ,;!.Y ,,,. rr/,( /,.� .,J�I... �6 9 U r1/irk: f /F I ....,, ir,� .., / r ✓r�,,,..r,r F/1/�/�. .,,, ✓.. � N e,s,...Y16,.r, � �'� ,r � u 1. �.)fr 1 U f�,{;',. � ,//l ,�.,. �, ,c,- ✓1 .rr, /f r ,v, .',.,,,� r .,.., ", � ,'. r/h l t/�l�l c%,!(„1?�,A,t✓/c G�16 /!/ 1, f, /r � r, r,��y„� rUdrr,�ef.G ,r���<F<dif 1,51/%l//,{^jr+-�f,/lj- e„ / r./fG r,. �,�, r (�/fy,T 1ppllnW yr{I� ,��( ��/ � �! � fi f,(�. y�� �1 i I ✓1 /rr �r� ✓ �l I'. (i, '&�I�y�'Y �"`9���"„ Visual IInspection of Fire,Alarn'r Systern Sern�- Annual 1T:k 1,:,3 3orlte n/ Speakers or Horns Test&Inspection.,_Fire Alarm System Annual 96 1 1,2;3 ornsftp INIA Visual Inspection of Fire Alarms System Semi i 1 1„2,3 t m7srte Sdn Annual, . strobe Test& Inspection...Fire,Marcm Syste:rn Annual 107 1 1.,2,3 tlrnsite N/A Visual Inspection of FireAlarm System Sarni- 107 t. z,, , rr;3 site m/, Annuali Speakers or Horns with Strobes. Test&inspection,--Fire Alarm System Annual 148 v 1,,2,3 Dris ke N/A. Visual inspection of Fire Alarm System Semi- Anmual 1 'S t. t,,1.i�37i S4m4 N/A Slemens XI.S/Desigo FSI Alarm Parcel Test&Inspection—Fire Alarm System Annual 4 1 '1,,2,3 ftnsrte N/A visual inspection of Hre Alarm Systerm Semi- t 1 1.1,3 tr ns'vfie N/A Annual Remote Control/Annunciator Pameli Test&Inspection--Fire Marm System Annual 1 1 1,2.3 Omite N/A Visual Inspection of Fire Atarrn System Semi- 1. 1. 1,2.:3 nNnsute N/A Annual ''age 3 of 4 SIEMENS wui ~jor-Ufv- Fire' Appendix "�yb.mow," i S `�'`w� � �.° "h!"i� �l'N tl"; //l/�it/fy/i���.f � 1 ' ~'✓f i,,ayi �k�t i���1 r���t���tt�i�j�(r��/t,�f�'flr� ,J , i, r�i/� ,,/i�Li rx ,I1 nl ii ����JI�" :i�, �` an �� oWeJ"a ,e'� Digital Di aWr 'rest&Inspection....Thar Alarm System Annuae8 4 1 1,7,3 Omit, N/A Visual Mspection of Pure Alarms System Seml ArnrouaI Gower Booster 'Test&Inspection-IFire Alarm Systern Annual 4 t 1,2,3 t`nsite N/A Visual kispection of'Rre Alarm System S€*ml- 1. '1,2,3 01151CCu: N/Fa, An nuW Page 4 of 4 APPENDIX "B" SIEMENS HOURLY LABOR AND MARKUP RATES 79 Sicincills,Agrecment,--Effec6vc October 1,202 1 "Appendix B" OffsIte Rates SWNJJFNN HOURLY LABOR AND MARKUP RATES Standard Hourly Rate- Discounted Hourly Rate to Position For remote Services the County- ForTemote servi-ces. SpeciallsIt/Technician: D,jilding Autornation, 22&0() $ 182,40 Fire Life Safety $ 204.0:0 $ 163.20 ... .................................. Security $ 223.001 $ 178.40 ...................— --- .....................—................-- —'services. ............-—--—------------- $ 320.00 $ 256.00, ............. ................................Se, 1r,ci Mechanic $ 222.001 $ 177.60 ....... ...........................— service -fradesrnian $ 1WZ00 $ 145.60 chark-Apprentice Fire Sprinkler fi"ispeitor $ 222A30 '177.6,0 Fire Sprinkler Fitter $ 222.00 $ 177.60 ..................................... ........ Clther� Project Manager $ 2W00 $ 230,.40 ——------------- Z;eneral Engiaeer $ 282„00 $ 225,60 1 Energy Engineer 32&00 I$ 262,40 Elactdcal Installer $ IKOO $ 147.20 Standard Hourly Rates are Subject to change once per year "There will be a minirnufft charge of 2 hours for ail calls remote or onsite "**Remate calls Oar establish a niced for an onsite visit will be charged the actual cost of firne spent remokely phis onsjke costs Onsite Rates AN positions$500 per hour or$2,2001 for a full a hour day(day starts at arrival trine at job site): After Hours Rates-Onnsite Overtime rate will be appropriate rate times 1.5 Double-time rate will be appropriate rate times 2.0 Overtime rate will be charged after 8 hours an job ske,Monday through Friday Double-time rate,will be charged on Holidays,Sundays and Saturday after 9 hours on job site After Hours Rates-Remote Overtime rate wlIll be appropriate rate tlmes 1,5 Double-time rate will be appropriate rate firries 2.0 Overtime rate will be charged outside of the hours of 8:00 AM-5:00 PM,Monday through Friday DoubIc-fline rate will be charged on Holidays,Su and Saturday outside the hours of&00 AM 5:0,011M Siemens Material! RECEIVE A less 50%with an additional less 20%(or a multiplier of 0.4 X list price)DISCOUNT FROM CURRENT PUBLISHED LIST PRICE ON WILDING ALITOMA"noN comPONENTS as published in the Powers Controls Pneumatic/Electronic& Apogee AutornatiOn PRICING GUIDE. RECEIVE"Trade,Net"PRiCIN;G FROM:,SIEMENS FiRE SAFE1Y COMPONIENTSas published in the FIRE SAFETY PRICE LIST. Outside Material -Siemens Direct Cost Times Appropirlate Multiplier Slennerts Cora$01.01.thru$500,00 multiplier,is 2.00 Slernens Cost$500.01 thrul S1,000,00 multiplier is 1.75 Siemens Cost$1,000.011 Uiru$5,000.00 multiplier is.1,65 Siemens Cost$5,,000.01 and Up multiplier as 1.55 Subcontracted Services..Siemens Direct Cost Titnes Appropriate Multiplier SieTrIllenS. tirries at mulliplier W 1.50 ACCOR"® CERTIFICATE OF LIABILITY INSURANCE D04/12/2022DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME: 445 SOUTH STREET A/C,No Ext: 212 345 0557 FAX No): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: Otis.CertRequest@marsh.com INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02147003-RAM--21/22 4433 MANGI NOC60 INSURER A:HDI Global Insurance Company 41343 INSURED SIEMENS INDUSTRY,INC. INSURER B:Travelers Property Casualty Co.of America 25674 1000 DEERFIELD PARKWAY INSURER C:The Travelers Indemnity Company 25658 BUFFALO GROVE,IL 60089-4513 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011305262-01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE A[1DL SUBR POLICY NUMBER MM DDYYYYYY EXP M EFF MDD/YYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY GLD11101-13 10/01/2021 10/01/2022 EACH OCCURRENCE $ 1,000,000 -DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $ 1,000,000 APPROVED BY RISK MANAGEMENT. 0 .MED EXP 100,000 ......... ......... ......... ......... ........ .(Any one person) ..$ ......... ... DATE 4/12/ 0 1000,000 -- .„..-^^" .PERSONAL&ADV INJURY $ ... ...... ......... ......... ......... ......... ......... ........ ......... .............. GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY PRO E] LOC WAVER N/A..._.......YES— El JECT PRODUCTS-COMP/OP AGG $ INCL OTHER: $ B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-21 10/01/2021 10/01/2022 COMBINED SINGLE LIMIT $ 2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ N/A X OWNED SCHEDULED BODILY INJURY(Per accident) $ N/A AUTOS ONLY AUTOS X HIRED E NON-OWNED PROPERTY DAMAGE $ N/A AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION UB-8P83929A-21-51-K(AOS) 77717=1 10/01/2022 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER C YIN UB-8P79233A-21-51-R(AZ,MA,WI) 1010112021 10101/2022 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? NIA TWXJUB-7440L338-TIL-21(OH) 10/01/2021 10/01/2022 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under """""'$500K LIMIT/$500K SIR"""""' 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) RE:0063V000006YCCGQAA/TESTING,CERTIFICATION,AND MAINTENANCE SERVICES EBMS SEE ATTACHED CERTIFICATE HOLDER CANCELLATION MONROE COUNTY,FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 SIMONTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102147003 LOC#: Morristown ACOOR 0 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,INC. SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE,IL 60089-4513 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE:0063V000006YCCGQAA/TESTING,CERTIFICATION,AND MAINTENANCE SERVICES EBMS MONROE COUNTY BOARD FO COUNTY COMMISSIONERS IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLYAS PRIMARY INSURANCE&OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY&NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY, WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT, COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT,WHICHEVER IS LESS. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO POLICY NUMBER: TC2J-CAP-7440L34A-T1L-21 ISSUE DATE: 09-01-21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED, FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless moth- Pied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED TO ADD AS ADDITIONAL INSURED, BUT ONLY TO COVERAGE AND MINIMUM LIMITS REQUIRED IN A WRITTEN CONTRACT Information required to complete this Schedule, it not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is ered Autos Liability Coverage in the Business Auto an "'insured" for Covered Autos Liability Coverage, but and Motor Carrier Coverage Forms and Paragraph only to,the extent that person or organization qualifies D.2. of Section I — Covered Autos Coverages of the as an "insured"' under the Who Is An Insured provi- Auto Dealers Coverage Form. son contained in Paragraph A.1. of Section 11 — Cov- CA 20 48 10 13 C Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: TC2J—CAP-744OL34A—TIL-21 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss"', provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such:, contract. against any person or organization to the extent CA T3 40 02 15 0 2015 The Travelers Indemnity Company.AH rights reserved. Page 1 of 1 Incliudes copyrighted rnatenali of Insurance Services Office, Inc. with its permission. HDI GLOBAL INSURANCE COMPANY MANUSCRIPT ENDORSEMENT#32 Policy Number Named Insured GLD1 1101-13 SIEMENS CORPORATION Policy Period: Inception:(M-D-Y) Expiration(M-D-Y) Effective Dateand! Time of Endorsement 10-01-2021 10-01-2022 10-01-2021 12:01 a.m. Standlardl Time atAdldress ofthe Insured. This Endorsement Changes The Policy. Please Read It Carefully. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Who is an insured is amended to include as an additional insured any person whom you are required to add as an additional insured on this policy under a written agreement, but only with respect to liability for "bodily injury property damage"' or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf. The insurance coverage provided to such additional insured applies only to the extent required within the written agreement. The insurance coverage provided to the additional insured person shall not provide any broader coverage than you are required to provide to the additional insured person in the written agreementand shall not provide limits of insurance that exceed the lower of the Limits of Insurance provided to you in this policy, or the limits of insurance you are required to provide in the written agreement. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance,whether primary,excess, contingent,or on any other basis,that is available to the additional insured for a loss we cover under this endorsement. However, if the written agreement specifically requires that this insurance apply on a primary basis, this insurance is primary. If the written agreement specifically requires this insurance apply on a primary and non-contributory basis this insurance is primary to other insurance available to the additional insured and we will not share with thatother insurance. This endorsement shall prevail over additional insured endorsements that may apply under this policy unless required otherwise in the written agreement. Authorized Representative All terms and conditions of the policy remain unchanged. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page POLICY NUMBER: GLD1 1101-13 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF' TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person OrOrganization, ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rigihts Of Recovery Against Others To Us of Section: IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "'your work"' done under a contract with that person or organization and included in the ""products- completed operations hazard"'. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 CJ Insurance Services Office, Inc.,2008 Page 1: of 1 TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (pp)- POLICY NUMBER: UB-8P83929A-21-51-K WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreemenit from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 09-01-21 ST ASSIGN: ACCOR"® CERTIFICATE OF LIABILITY INSURANCE D04/21/2022DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME: 445 SOUTH STREET A/C,No Ext: A/C,No): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02147003-RAM-CYBER-21/22 4433 MANGI INSURER A:HDI Specialty Insurance Company 41343 INSURED INSURER B: SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY INSURER C: BUFFALO GROVE,IL 60089-4513 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011305472-04 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE A[1DL SUBR POLICY NUMBER MM DDYYYYYY EXP M EFF MDD/YYYY LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ... ... OCCUR -DAMAGE TO RENTED CLAIMS-MADE APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence) $ MED EXP.(Any one person) $ ... A�DATE. PERSONAL&ADV INJURY .$ .-_•_7 GEN'L AGGREGATE LIMIT APPLIES PER: WAVER NA YES GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Cyber EOD5551302S 10/01/2021 10/01/2022 PER CLAIM 5,000,000 "Deductible Value:$30,0001, AGGREGATE 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) RE:0063V000006YCCGQAA/TESTING,CERTIFICATION,AND MAINTENANCE SERVICES EBMS CERTIFICATE HOLDER CANCELLATION MONROE COUNTY,FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 SIMONTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ACCOR"® CERTIFICATE OF LIABILITY INSURANCE D04/13/2022DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME: 445 SOUTH STREET A/C No Ext: A/C,No): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02147003-RAM-CYBER-21/22 4433 MANGI INSURER A:HDI Specialty Insurance Company 41343 INSURED INSURER B: SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY INSURER C: BUFFALO GROVE,IL 60089-4513 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011305472-03 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE A[1DLY EXP SWVD UER POLICY NUMBER MM DDYYYYY M EFF MDD/YYYY LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR APPROVED BY RISK MANAGEMENTDAMAGE TO RENTED _PRE PREMISES Ea occurrence) $ .... .... .... ......... ..... ......... ....... BY :r � ry ��yy� �;r,�.,; MED EXP(Any one Person) $ ..... ..... ...... DATE-.,,...,._4aA/ G2�„ PERSONAL&ADV INJURY $ ......... ................................................................... .................................................................................................................. GEN'L AGGREGATE LIMIT APPLIES PER: WAVER MA_YES._ GENERAL AGGREGATE $ POLICYEl PRO �I LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Cyber EOD5551302S 10/01/2022 10/01/2023 PER CLAIM 5,000,000 "Deductible Value:$30,0001, AGGREGATE 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) RE:0063V000006YCCGQAA/TESTING,CERTIFICATION,AND MAINTENANCE SERVICES EBMS CERTIFICATE HOLDER CANCELLATION MONROE COUNTY,FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 SIMONTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD C.3.a FIRST AMENDMENT TO SOLE SOURCE AGREEMENT WITH SIEMENS INDUSTRY, INC. FOR TESTING, CERTIFICATION, AND MAINTENANCE OF ENVIRONMENTAL BUILDING MANAGEMENT SYSTEMS 0 MONROE COUNTY, FLORIDA E E This First Amendment to Sole Source Agreement is made and entered into this 19th day of October, 2022, by and through MONROE COUNTY, FLORIDA ("COUNTY" or "OWNER") a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SIEMENS INDUSTRY, INC. ("CONTRACTOR" or "SIEMENS")) a Delaware corporation, authorized to do business in the State of Florida as a Foreign-for-Profit w Corporation, whose principal address is 100 Technology Drive, Alpharetta, Georgia 30005, and whose mailing address for the purposes of this Agreement is 3021 N. Commerce Parkway, Miramar, Florida 33025, and whose mailing address for payment is 1000 Deerfield Parkway, Buffalo Grove, Illinois 60089-4513, (with each being a "PARTY" and collectively referred to as CL the "PARTIES"). WHEREAS, the Board of County Commissioners ("BOCC") approved on May 20, 2020, the replacement of the existing, no longer supported Environmental Building Management Systems (EBMS) with a Desigo Enterprise BMS for the amount of $237,583.06 allowing the E County to monitor additional sites remotely and locally in a unified system; and WHEREAS, the BOCC approved on March 17,2021,a request for a waiver of the Monroe County Purchasing Policy provisions to designate Siemens Industry,Inc. as a Sole Source Provider so that the expiring Contract with Siemens Industry, Inc. could be negotiated and renewed as a 0 sole source contract; and a� E WHEREAS, on April 21, 2021, the BOCC approved a month-to-month renewal agreement with Siemens Industry, Inc. pending negotiations to take place with Siemens until a E satisfactory Sole Source Agreement was achieved and then for it to be placed on an agenda for approval by the BOCC; and U) WHEREAS, on April 20, 2022, the BOCC approved a negotiated Agreement with Siemens Industry, Inc. as a Sole Source provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Environmental Building Management Systems on Monroe County N facilities ("Original Agreement"); and `N cN T- WHEREAS, Paragraph 10 G of the Original Agreement provides that commencing after one full year from the effective date of October 1, 2021, and annually thereafter, the contract T. amount shall be adjusted in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) for all items and services for all U.S. Cities, not seasonally adjusted, as reported by the U.S. Bureau of Labor Statistics at 1 Siemens First Amendment Agreement—Effective October 1,2022 Packet Pg. 96 C.3.a December 31" of the previous year using the most recently published indicator, or adjusted by an increase of five and five tenths percent (5.5%), whichever is less; and WHEREAS,the CPI-U as of December 31"of 2021 was seven percent (7%). Therefore, E pursuant to Paragraph 10. G. of the Original Agreement,the contract amount shall be increased b Pg g� � Y � an increase of five and five tenths percent (5.5%), which is less than the CPI-U of seven percent 0 (7%) as of December 31, 2021; and a� WHEREAS, the parties desire to also amend the Original Agreement to add certain Federal Required Contract Provisions by including the Energy Efficiency paragraph; and WHEREAS, this First Amendment is to amend the Original Agreement to increase payment amounts by five and five tenths percent (5.5%)retroactive to October 1, 2022, pursuant c� to the terms of the Original Agreement and to update the Federal Required Contract Provisions; and WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this First Amendment to Agreement; CL NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraph 10. G. of the Original Agreement, the Contract amount shall be increased by five and five tenths percent (5.5%), which is less than the CPI-U of seven percent (7%) as of December 31, 2021. 2. The Contract amounts for Maintenance and Testing Services, excluding Additional Services, based on the five and five tenths percent(5.5%) CPI-U increase, in Paragraph 10. E. of the Original Agreement, shall be increased retroactive to October 1, 2022, in the total annual amount of Two Hundred Fifty-two Thousand One Hundred Forty-five and 00/100 ($252,145.00) Dollars, and amended for each location as follows: E Monroe County Detention Center $93,293.65 per year E Plantation Key Detention Center and Courthouse $ 7,564.35 per year Sheriff's Administration Building $ 20,171.60 per year Monroe County Juvenile Justice Building $ 35,300.30 per year 0 05 Monroe County Government Center (Marathon) $ 17,650.15 per year N Q Medical Examiner's Office $ 7,564.35 per year Gato Building $ 7,565.35 per year It- Harvey Government Center $ 7,565.35 per year Murray Nelson Government Center $ 7,565.35 per year c� 2 Siemens First Amendment Agreement—Effective October 1,2022 Packet Pg. 97 C.3.a Jackson Square Key West Courthouse Annex $ 17,650.15 per year Jefferson B. Browne Building $ 7,565.35 per year Historic Courthouse $ 7,565.35 per year Lester Building. $ 7,565.35 per year Freeman Justice Center $ 7,565.35 per year 0 TOTAL $252,145.00 Annual E 3. The Original Agreement is hereby amended to add the following as Paragraph 54.21, Energy Efficiency, and shall read as follows: c� 54.21 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and with all Mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. CL 4. Except as set forth in Paragraphs 1 through 3 of this First Amendment to Sole Source cu Agreement, in all other respects, the terms and conditions set forth in the Original Agreement remain in full force and effect. E 0 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] E [SIGNATURE PAGE TO FOLLOW] E U) E en cN cN cN E c� 3 Siemens First Amendment Agreement—Effective October 1,2022 Packet Pg. 98 C.3.a IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have set their hands and seals the day and year first above written. 3 as E as as (SEAL) BOARD OF COUNTY COMMISSIONERS 0 Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA E as By: By: E As Deputy Clerk Mayor Date: as x Witnesses for CONTRACTOR: CONTRACTOR: as SIEMENS INDUSTRY, INC. E Digitally signed by Summerlin J r Howard Dulaney Digitally signed by Dulaney Brian Summerlin Jr DN serial Number-ZOO 14X DZ, givenName=Howard,sn=Summerlin Jr, ON:cn=Dulaney Brian,-Siemens, o=Siemens,cn=Summerlin Jr Howard email=brian.dulaney@siemens.com By: HowardDate:2022.10.040&56:38-04'00' Brian Date 2022.10.04 09 32 17-04'00' Signature of person authorized to as Signature legally bind Corporation Brian Dulaney Date: H. Joe Summerlin Branch FBA Manager Branch General Manager E Date Print Name Print Name and Title 0 Signature M a n g i e ri DplMly signed by Mangiari LOUAnn E DN:cn1.=Mangieri LOUAnn,o=Siemens, LouAnn mail=0221.0409 ri(�5 04'0s.com Date:2022.10.04 09'.49'.36-04'00' E Date Print Name U) r_ PATRICIA LE'; 04LD 04 ASMSTANT COMY ATTORNEY OATE 04 (D E U 4 Siemens First Amendment Agreement—Effective October 1,2022 Packet Pg. 99 C.3.c �� BOARD OF COUNTY COMMISSIONERS County of Monroe �� '� ' Mayor Michelle Coldiron,District 2 The Florida Keys ±� Mayor Pro Tern David Rice,District 4 y ,it Craig Cates,District r u Eddie Martinez,District 3 Holly Merrill Raschein,District 5 0 0 U) M September 30, 2021 U) Siemens Industry, Inc. (Sent via email to joesummerlin@stemens.com) E 3021 N. Commerce Parkway Miramar, FL 33025 ATTENTION: Joe Summerlin, Jr. 0 RE: Notice of Intent to enter into an Agreement with Siemens Industry, Inc. to provide Monroe County Testing, Certification, and Maintenance of Environmental Building Management Systems Dear Mr. Summerlin: Please consider this letter as Monroe County's Notice of Intent to finalize negotiations and enter into an Agreement with Siemens Industry, Inc. ("Siemens") for Testing, Certification, and Maintenance X i of Environmental Building Management Systems at certain designated County facilities ("Services"). V- LO Monroe County currently has a contract with Siemens dated April 20, 2016, as amended, for similar Services, which will expire on October 20, 2021. Siemens had submitted a Proposal to the County dated February 10, 2021, for Services, which includes the continuation of the current services and additional i services as detailed therein. E On March 17, 2021, the Monroe County Board of County Commissioners ("BOCC") approved a U waiver of its Purchasing Policy provisions and designated Siemens as a Sole Source Provider for these Services. As you know, we have been in negotiations and in the process of drafting of the final proposed contract with Siemens as a sole source provider of these continued Services and other additional Services. 0 This letter is to express the intent of the County and Siemens to finalize a contract for submission to the BOCC on the November 2021 agenda and to continue current services in the interim period without c interruption. E The new contract term shall commence retroactive to October 1, 2021. For its regular Services, Siemens shall be paid an annual amount not to exceed$239,000.00, and any Additional Services shall not Packet Pg. 100 C.3.c Siemens Industry, Inc. Page Two September 30, 2021 0 as 0 exceed $60,000.00 annually. Any final Agreement is subject to BOCC approval. We look forward to finalizing an Agreement with Siemens and continuing our professional relationship. U) Sincerely, as cn=Kevin G.Wilson,P.E.,o=Monroe County,FL(the Florida Keys, ® i @ kevimonroecoY-1gv,rUS 0 150400 � a� Kevin G. Wilson Assistant County Administrator E as as 0 AGREED: SIEMENS INDUSTRY, INC. E Mathewson DN,tally athe ao Mathewson Daniel DN:cn=Mathewson Daniel, om"emens, ahew,onBY: Daniel DateI2021 let 15153�0-04'00'mens corc Dan Mathewson as Branch General Manager Name Title i Date: ° I U) qb E qb I qb 4— Rfi :COUNTY ATTORNEWS OFFICE) VEDAS0 : M �3 �� PAMIC.,� 14 IA E ATTORNEY� �� R Z AS� �r�COUNTY (D E �s Packet Pg. 101 C.3.d m BOARD OF COUNTY COMMISSIONERS County of Monroe ��� ��� �� Mayor Michelle Coldiron,District 2 The Florida Keys �� �� Mayor Pro Tern David Rice,District 4 U) � Craig Cates,District 1 Eddie Martinez,District 3 Mike Forster,District 5 U) U) r— as E as To: Office of Management & ILI Budget 3 aD From: Alan MacEachern as Director of Information Technology Monroe County BOCC Date: December 151", 2020 as RE: Sole Source —Siemens < ® Monroe County BOCC is currently in the process of implementing Desigo, an environmental aI management software system from Siemens to support the management of multiple buildings from g one centralized server. This will enable cross building capabilities as well as provide remote access to any included building environmental control. U as In order to align with that project and ensure that activities and updates occurring during the maintenance of the actual environmental equipment are updated appropriately in the Desigo management software, Siemens resources should also be responsible for the physical maintenance U g p p Y described in the contract, "Fire Alarm System, Building Automation System and Smoke Control System Testing, Certification and Maintenance" for Corrections and other Facilities. I.T. would like to support sole source capability from Siemens for the multi year contract.Thank you for your time and consideration. CL Best Regards, as E A � �' e (D Alan MacEachern 0 as 0 as E Packet Pg. 102 DATE(I C.3.e ACo!zo® CERTIFICATE OF LIABILITY INSURANCE 04/13/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE4 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT qy MARSH USA,INC. NAME: NE FAX 0 445 SOUTH STREET A/�No Ext: A/C,No): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN102147003-RAM-CYBER-21/22 4433 MANGI INSURER A:HDI Specialty Insurance Company 41343 INSURED INSURER B SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY INSURER C BUFFALO GROVE,IL 60089-4513 INSURER D: U) r_ INSURER E: Qb INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011305472-03 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: ° CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP Qb LTR TYPE OF INSURANCE IN D WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS E COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE1:1 OCCUR APPROVED BY RISK MANAGEMENT' PREMISES Ea occurrence $ CID BY ,�:: x -.. a>a" '-;a,..c/Z^ MED EXP(Any one person) $ DATE-„----- 4 ,2, 22 PERSONAL&ADV INJURY $ , WAVER NA YES_ r_ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6Db POLICY❑ JECT PRO ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ E ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ L 04 UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ CD DED RETENTION$ $ CL WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ qy OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ CID If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Cyber EOD5551302S 10/01/2022 10/01/2023 PER CLAIM 5,00( (D "Deductible Value:$30,000" AGGREGATE 5,00( >1 U) DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:0063V000006YCCGQAA/TESTING,CERTIFICATION,AND MAINTENANCE SERVICES EBMS E qb 70 CD 04 04 CD CERTIFICATE HOLDER CANCELLATION 04 MONROE COUNTY,FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 1100 SIMONTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II E KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. 0 AUTHORIZED REPRESENTATIVE ° of Marsh USA Inc ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 103 DATE(P C.31 ACCORD® CERTIFICATE OF LIABILITY INSURANCE 09/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE4 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT O MARSH USA,INC. NAME: PHONE FAX 445 SOUTH STREET A/C No Ext: A/C,No): O MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# U) CN 1 02147003-RAM--22/23 4433 DIEPPA NOC60 INSURER A:HDI Global Insurance Company 41343 M INSURED INSURER B:Travelers Property Casualty Co.of America 25674 SIEMENS INDUSTRY,INC. U) 1000 DEERFIELD PARKWAY INSURER C:The Travelers Indemnity Com an 25658 BUFFALO GROVE,IL 60089-4513 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011231301-07 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN D WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS 0) A X COMMERCIAL GENERAL LIABILITY GLD1110114 10/01/2022 10/01/2023 EACH OCCURRENCE $ 1,000 DAMAGE TO RENTED CLAIMS-MADE � OCCUR PREMISES Ea occurrence $ 1,000 MED EXP(Any one person) $ 100 09 PERSONAL&ADV INJURY $ 1,000 O GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000 X POLICY❑ PRO ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-22 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT $ 2,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ X, OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ , X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ � UMBRELLALIAB OCCUR EACH OCCURRENCE $ C14 CD EXCESS LIAB CLAIMS-MADE AGGREGATE $ N DED RETENTION$ $ T- B WORKERS COMPENSATION UB-8P83929A-22-51-K(AOS) 10/01/2022 10/01/2023 X PER oTH CD - AND EMPLOYERS'LIABILITY STATUTE PER C YIN UB-8P79233A-22-51-R(AZ,MA,WI) 10/01/2022 10/01/2023 1,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? NIA TWXJUB-7440L338-TIL-22 OH 10/01/2022 10/01/2023 (Mandatory in NH) ( ) E.L.DISEASE-EA EMPLOYEE $ 1,000 If yes,describe under """""'$500K LIMIT/$500K SIR"""""' 1,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 0) L59 U) DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:SERVICE PERFORMED BY SII FOR CERTIFICATE HOLDER APPROVED BY RISK MANAGEMEN Lo o SEE ATTACHED ay U DATE 10/4/2022 CN CN WAIVER N/A YES CD CN CERTIFICATE HOLDER CANCELLATION MONROE COUNTY FACILITIES MAINTENANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI CONTRACT MONITOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II 123 OVERSEAS HIGHWAY-ROCKLAND KEY ACCORDANCE WITH THE POLICY PROVISIONS. KEY WEST,FL 33040 AUTHORIZED REPRESENTATIVE of Marsh USA Inc ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 104 AGENCY CUSTOMER ID: CN102147003 LOC#: Morristown ACOOR 0 ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED MARSH USA,INC. SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE,IL 60089-4513 O CARRIER NAIC CODE EFFECTIVE DATE: O ADDITIONAL REMARKS U) THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, M FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance ' U) RE:SERVICE PERFORMED BYSII FOR CERTIFICATE HOLDER U) MONROE COUNTY FACILITIES MAINTENANCE IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLYAS PRIMARY INSURANCE&OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY&NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT. E COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. �9 IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP O TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT,WHICHEVER IS LESS. ` E E Cn C®1 CD C®1 T_ CD T_ CL x �9 U) E 0 u CD T_ C14 C®1 CD C®1 E U ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 105 POLICY NUMBER: TC2J—CAP-74:4OL34A—TIL-22 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROCATION 0 0 This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM U) BUSINESS AUTO COVERAGE FORM M MOTOR CARRIER COVERAGE FORM U) The following replaces Paragraph A.5., Transfer of required of you by a written contract executed 20 Rights Of Recovery Against Others To Us, of the prior to, any "accident" or "loss"', provided that the a CONDITIONS Section: 11 U) accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- E 0 ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent E 0 0 0 E E N Q N CL X 0 U) E .2 U N N Q N E CA T3 40 02 15 02015 The Travelers Indeminity Company.All,rights reserved. Page 1 of 1 includes copyrighted materiall Of IMUrance Services Office, Inc.with its permission. I Packet Pg. 106 HDI GLOBAL INSURANCE COMPANY MANUSCRIPT ENDORSEMENT 32 0 0 Policy Number Namedl Insured GLD1 1101-14 SIEMENS CORPORATION U) M Policy Period., Inception(M-D-Y) Expiration:(M-D-Y) Effective Datean;d U) Time of Endorsement 10-01-2022 10-01-2,023 10-01-2022 12:01 a.m. Standard Time -S at Address of the Insured. 2 0 E .2 This Endorsement Changes The Policy. Please Read It Carefully. BLANKET ADDITIONAL INSURED E This endorsement modifies insurance provided under the following; 0 Commercial General Liability Coverage Form E '0 Who is an insured is amended to include as an additional insured any person whom you are required to add as an additional insured on this policy under a written agreement, but only with respect to liability for"'bodily injury"", "'property E damage"' or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf. The insurance coverage provided to such additional insured applies only to the extent required within the written agreement. The insurance coverage provided to the additional insured person shall not provide any broader coverage than you are N Q required to provide to the additional insured person in the written agreementand shall not provide limits of insurance that N exceed the lower of the Limits of Insurance provided to you in this policy, or the limits of insurance you are required to provide in the written agreement. CL X The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance,whether primary,excess, contingent,or on any other basis,that is available to the additional insured for a loss we cover under this endorsement. However, if the written agreement specifically requires that this insurance apply on a primary basis, this insurance is primary. If the written agreement specifically requires this insurance apply on a primary F0 and non-contributory basis this insurance is primary to other insurance available to the additional insured and we will not U) share with thatother insurance. E Authorized Representative N N Q N All terms and conditions of the policy remain unchanged E THIS ENDORSEMENT MUST BE ATTACHED TO ACHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. pn,(., I of I Packet Pg. 107 POLICY NUMBER: GLD1 1101-14 COMMERCIAL GENERAL LIABILITY OG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TiO US 0 0 This endorsement modifies insurance provided under the following: U) COMMERCIAL GENERAL LIABILITY COVERAGE PART M PRO DUCTSICOM PLETED OPERATIONS LIABILITY COVERAGE PART U) SCHEDULE U) Name Of Person Or Organization:- .2 ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. E The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section W—Conditions: 0 We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or E damage arising out of your ongoing operations or your work"' done under a contract with that person E or organization and included in the "products- completed operations hazard"'. This waiver applies only to the person or organization shown in the LL Schedule above. M N N CL x U) E .2 U N N Q N E CG 24 04 05 09 @ Insurance Services Office, Inc.,2008 Packet Pg. 108 WORKERS COMPENSATION TRAVELERS AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- 0 0 POLICY NIIUMBER: UB-8P83929A-22-51-K WAIVER OF OUR IRIGHT TO RECOVER FROM OTHERS ENDORSEMENT U) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the E extent that you perform work under a written contract that requires you to obtain this agreemenit from us.) .2 This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE E DESIGNATED PERSON: 0 E E N Q N DESIGNATED ORGANIZATION: X U) ANY PERSON OR ORGANIZATION FOR WHICH THE E INSURED HAS AGREED BY WRITTEN CONTRACT .0 EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. L) C14 C14 Q CN E DATE OF ISSUE: 08-2 9-22 ST ASSIGN: Packet Pg. 109