1st Amendment 10/19/2022 Kevin Madok, cpA
OVA,COURpQ
Vll'k~.--.......e ✓ Clerk of the Circuit Court& Comptroller— Monroe County, Florida
ROE COJM�
DATE: October 2 t, 2022
TO: Alice Steryou
Contract Monitor
FROM: Pamela G Hanc(�4'
SUBJECT: October 19' BOCC Meeting
Attached is an electronic copy of each the following items for your handling:
C3 I st 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.
R2 2nd Amendment to Agreement with Tropical Bay Property Owners Association,
Inc. to add a lot that has been purchased under density reduction and to delete two lots that have
been sold under the Resale Program.
Should you have any questions please Feel Free to contact iiie at (305) 292-3550.
cc: Count),Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FIRST AMENDMENT TO SOLE SOURCE AGREEMENT WITH
SIEMENS INDUSTRY, INC.
FOR
TESTING, CERTIFICATION, AND MAINTENANCE OF
ENVIRONMENTAL BUILDING MANAGEMENT SYSTEMS
MONROE COUNTY, FLORIDA
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
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
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
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
sole source contract; and
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
satisfactory Sole Source Agreement was achieved and then for it to be placed on an agenda for
approval by the BOCC; and
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
facilities ("Original Agreement"); and
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
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
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,
pursuant to Paragraph 10. G. of the Original Agreement,the contract amount shall be increased by
an increase of five and five tenths percent (5.5%), which is less than the CPI-U of seven percent
(7%) as of December 31, 2021; and
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
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;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained herein, it is agreed as follows:
I. 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:
Monroe County Detention Center $93,293.65 per year
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
Monroe County Government Center (Marathon) $ 17,650.15 per year
Medical Examiner's Office $ 7,564.35 per year
Gato Building $ 7,565.35 per year
Harvey Government Center $ 7,565.35 per year
Murray Nelson Government Center $ 7,565.35 per year
2
Siemens First Amendment Agreement—Effective October 1,2022
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
TOTAL $252,145.00 Annual
3. The Original Agreement is hereby amended to add the following as Paragraph 54.21,
Energy Efficiency, and shall read as follows:
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.
4. Except as set forth in Paragraphs 1 through 3 of this First Amendment to Sole Source
Agreement, in all other respects, the terms and conditions set forth in the Original
Agreement remain in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
3
Siemens First Amendment Agreement—Effective October 1,2022
1'TNESWHEREOF, COUNTY and CONTRACTORhereto have set their hands
4pals,the dqy and year first above written.
„
W
BOARD OF COUNTY COMMISSIONERS
" ;Aft
-K MADOIC, CLERK OF MONROE COUNTY,FLORIDA
As Deputy Clerk May
Date: ,C. 6.0a 11 .
Witnesses for CONTRACTOR: CONTRACTOR:
SIEMENS Y,INC.
by Smvft 1,H—d
Summerlin Jr
Dulaneylay CAWuwcmg µw,fto. m6. W„
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Brian � y® Howard
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6,C46 tl9^:�a:77-¢wW'CDID
Signature of person authorized t0
Signature a ally bind Corporation
Brian Dulaney mate: H. Joe Surnmerlin
Branch FBA Manager Branch General Manager
Date Print Name Print Name and Title .
Signature Mangieri y : a
LouAnn DMm"'o= ,eb, 3m
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Date Print Name
MONROE COMM
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ATTOFNEVS
ATTORNEYSMEARES
AMTANT COUNTY
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Siemens first Amendment Agreement mm-Effective October t,2022