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2nd Amendment 03/22/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: March 29, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: March 22, 2023 BOCC Meeting The following item has been executed and added to the record: T5 2nd Amendment to Agreement with Siemens Industry, Inc., a sole source provider, to add or update certain Federal provisions. 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 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 SECOND AMENDMENT TO SOLE SOURCE AGREEMENT WITH SIEMENS INDUSTRY, INC. FOR TESTING, CERTIFICATION, AND MAINTENANCE OF ENVIRONMENTAL BUILDING MANAGEMENT SYSTEMS MONROE COUNTY, FLORIDA This Second Amendment to Sole Source Agreement is made and entered into this 22nd day of March, 2023, 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, on October 19, 2022, the BOCC approved a First Amendment 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 1 Siemens Second Amendment Agreement WHEREAS, this Second Amendment is to amend the Original Agreement 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 Second Amendment to Agreement; NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below,the Original Agreement is hereby amended to include the following: 1. The first paragraph of Paragraph 12, MAINTENANCE OF RECORDS, as set forth in the Original Agreement is hereby amended to delete the first paragraph and replace it in its entirety with the following paragraph: 12. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained as applicable for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury,whichever is later; or 2) a period of seven(7)years from the termination of this Agreement or five (5)years from the submission of the final expenditure report as per 2 CFR§200.33,if applicable,whichever is greater.Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03,Florida Statutes, running from the date the monies were paid by the Owner. Further,the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Section 602(c), Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives,shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. 2 Siemens Second Amendment Agreement All other subsequent paragraphs, after this initial first paragraph, currently contained within Paragraph 12 of the Original Agreement remain the same. 2. Paragraph 15, HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE, of the Original Agreement shall be amended to include the following paragraphs as the third and fourth paragraphs within Paragraph 15: FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency,the State of Florida,Department of Emergency Management,and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)Agency's sovereign immunity. United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. 3. Paragraph 18,NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY, of the Original Agreement is hereby amended to add the following as the last paragraph of Paragraph 18 as follows: Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d ct seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and 3 Siemens Second Amendment Agreement made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 4. Paragraph 54.9, Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322, of the Original Agreement is hereby amended to delete the current Paragraph 54.9, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph_ 54.9 Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 5. The Original Agreement is hereby amended to add the following as Paragraph 59,and shall read as follows: 59. The Contractor shall be bound by the terms and conditions of the applicable Federally-Funded Coronavirus State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury (hereinafter "ARPA Funding Agreement") attached hereto and made a part of the Original Agreement, as amended, as EXHIBIT "E". 6. The Original Agreement, as amended, is hereby amended further to add the following Paragraph 60,Additional Federal and/or Department of the Treasury Requirements, as applicable, as related to the ARPA Funding Agreement, and shall read as follows: 60. Additional Federal, and/or Department of the Treasury Requirements (as applicable): 4 Siemens Second Amendment Agreement The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: 60.1 Conflicts of Interest. The Contractor understands and agrees it must maintain a conflict-of-interest interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest policy is applicable to each activity funded under this award as set forth in Attachment A. The Contractor and subcontractors must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 60.2 Remedial Actions.In the event of the Contractor's noncompliance with section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(10(III) of the Act, as applicable. 60.3 Compliance with Federal Law, Regulations and Executive Orders. This is an acknowledgment that Department of the Treasury financial assistance may be used to fund all or a portion of the contract. The Contractor agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations,and executive orders,and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include,without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this award an subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. 5 Siemens Second Amendment Agreement iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,1 pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 10 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. 60.4 Hatch Act. The Contractor agrees to comply, as applicable, with requirements of the Hatch Act(5 U.S.C. §§ 1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 60.5 False Statements. The Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,debarment from participating in federal awards or contracts, and/or any other remedy. 60.6 Publications. Any publications produced with funds from the federal award as set forth in Attachment A must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter-project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 60.7 Debts Owed the Federal Government. a. Any funds paid to the Contractor(1) in excess of the amount to which Contractor is finally determined to be authorized to retain under the terms of this award as set forth in Attachment A; (2)that are determined by the Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act 6 Siemens Second Amendment Agreement and have not been repaid by Contractor shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Attachment A. Treasury will take any actions available to it to collect such a debt. 60.8 Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of Contractor or third persons resulting in death,bodily injury,property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment A or any other losses resulting in any way from the performance of services pursuant to any contract, or subcontract under this award. b. The acceptance of these funds provided by the federal award as set forth in Attachment A by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. 60.9 Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; 7 Siemens Second Amendment Agreement iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 60.10 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), The Contractor should adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented, or personally owned vehicles. 60.11 Reducing Text Messaging While Driving_Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and subcontractors to adopt and enforce policies that ban text messaging while driving, and the Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. 7. Except as set forth in Paragraphs 1 through 6 of this Second Amendment to Agreement, in all other respects, the terms and conditions of the Original Agreement, dated April 20, 2022, as amended, not inconsistent herewith, shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 8 Siemens Second Amendment Agreement IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have set their hands and seals the day and year first above written. /IP FZ S`1 ( AI `A BOARD OF C•LINTY COMMISSIONERS - ' - ftE s ,r _IN MADOK, CLERK OF MONR• OUNTY, • ORI PA "1B �-, l�Yd I" By: ry ''`- .--^"". As D uty Cler Mayor Date: /512Z1 2GZ3 Witnesses for CONTRACTOR: CONTRACTOR: SIEMENS INDUSTRY, INC. Digitally signed by Summerlin Jr Howard Russel Digitallysigned by Russel S umm erl in Jr DN:serialNumber=ZOOt4XD2, Deborah ,J 'givenName=Howard,sn=Summedin Jr, ON:cn=Russel Deborah,o= Y.Howard —o=5femens,cn=5ummerlin Jr Howard Deborah Siemens,email=debbie.russel@ By. Dale 2021 01 20 0B3245-01'00' siemens.urom Date:2023.03.2011:19:12-04'00' Signature of person authorized to Signature legally bind Corporation Date: H.Joe Sum merlin Debbie Russel Branch General Manager Branch FBA Manager Date Print Name Print Name and Title , ra�nw w.a cr a..wan.m Quiceno Bryam e A A ;ri°— Sit� 023 Bryam Quiceno � ~- =_ m r Sales Manager rn- � C - �r Iv -,z - Date Print Name c) ,17 3a. Pa c3 MONROE COUNTY ATTORNEY'S OFFICE ii7=STO ORM ' PATRICIA EABLES ASSISTAN33 7�oq y ATTORNEY (� DATE: /izu 3i 9 Siemens Second Amendment Agreement EXHIBIT "E" CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT io Siemens Second Amendment Agreement OVI B Approved No, 150 5-0'271 E,,,pirafion Datc, 11,30,2021 t S, I RFAS(M) CORONA'v IRL'S si,,.vrr. AND H)CA1,FISC'Al,RFC(JVFRY FL'\DS Recipient nawne and adthvss: DL.NS Nurnbx,r 073876757 Monroe Countv Board of Conunissioners Taxpaver Identification Nun)ber:S90000749 1100 sirliontol i Street, Roorn 2-213 Assisuancc Listing Nurnberand Title:21,027 Key West,Florida 33040 Sections 602lb,)and 003(h)ofthe,Social Security Act(the Act)as added by section 9901 ofilie -Niiicrican Rescue Plan Act,Flub.1, No, 117-2(-March 11.2!02 1)authorizes the DepaArneat offlic Treasury(Treaqirv)to juake f%iyincifts,to cerfairl recipients from the L'oronavinis Stale Fiscal Recovers Fun(I and the Coronavints Local Fiscal Recovm�Ford Recipients hereby agrees,as a condition to FUCiVill.O Stich payment From Treasury,agnees to the terms attached hereto Rixipienc I1pl,11,swgned by In,1,,n Tina Boan Date:2022,08,02 0911:02 -04'00' Authoyived Repi esentative Signature(abine) Authorized Representativc Maine: Tina 13MITI Authorized Representative'Title: Senior Director Budget&Finance Date Si6uicd. L S. Departo-lott(.4'the 1 reasury Authorize(] RQPrescrWifivc Signalorc(above) Authorized Repiosenuifive Nantie: Jacob Leittenkift Authorized Representative'title: Chief Recovery Officer,Office of Recovery Pro-rands Date Nla,, 14,2,02 1 T1,,',PEMVORK TMDUCTtON NrOTICE The vill beLlWd 1'03 the( S UkA CI t H1 I eHt to IM I)COSS I equests fol m I pj cl t,'11 IC Csti III ared bul du n assoc wed��itJ I I I III,ool kxt I ol I of ir,ro-ration i&'I5 rninwes dvr Comtrlems.aomernilrtLt the',ICC;LWOC Oft]"I'S t"Urden e tinmte wd±Aigge.MhVAS forred using this,bwden should be direoted 20220DONOTt,4ndthe fowl looma,.Jdless "'m ageucy Inav not Cone.11 to or Tw�wxw,alld 2 JXIs0 I IS M'I MCILL11 Ed to t Ospond to,a Ooliection or i Ifornint 1011 thl'i less it ffispkw,�,a vslier conuol nunibei assiggincd by ONIH, 11 Siemens Second Amendment Agreement U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance.The period of performance for this award begins on the date hereof and ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024. 3.Reporting_Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. 4_Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. 5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R. §200.458,may not be paid with funding from this award. 6.Administrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs. 7.Cost Sharing.Cost sharing or matching funds are not required to be provided by Recipient. 8_Conflicts of Interest_Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. 9.Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury.Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Govermnentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's implementing regulation at 31 C.F.R.Part 19. 12 Siemens Second Amendment Agreement v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R.Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C.§§4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability, iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance, iv. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§6101 et seq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance,and v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C.§§12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R.§200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act 11.Hatch Act.Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12.False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13.Publications.Any publications produced with funds from this award must display the following language:"This project[is being][was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14.Debts Owed the Federal Government. a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award,(2)that are determined by the Treasury Office of Inspector General to have been misused,or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 13 Siemens Second Amendment Agreement 15_Disclaimer_ a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in anyway establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. a. In accordance with 41 U.S.C.§4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress, ii. An Inspector General; iii. The Governm ent Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury,or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. 17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18,1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18.Reducing Text Messaging While Driving.Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 14 Siemens Second Amendment Agreement OMB Approved No. 1505-0271 Expiration Date:11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U.S.C.§2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166,directives,circulars,policies,memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs„ services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit http://www.le)Xov. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-grantee,contractor,subcontractor,successor,transferee,and assignee shall comply with Title 67 of the Civil Rights Act of 1964,which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race,color,or national origin(42 U.S.C.§2000d et seq.),as implemented by the Deparment of the Treasury's Title V1 regulations,31 CFR Part22,which are herein incorporated by reference and made a part of this contract(or agreement). Title V7 also includes protection to persons with "Limited English Proficiency"in any program or activity receivingfederal financial assistance, 42 U.S.C.§2000d et seq.,as implemented by the Department of the Treasury's Title V1 regulations,31 CFR Part 22,and herein incorporatedby reference and made a part of this contract or agreement 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any 15 Siemens Second Amendment Agreement personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property, 7. Recipient.shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-sits compliance reviews,and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VL. 9. Recipient must provide documentation of an administrative agency Is or court Is findings of non-compliance of Title VI and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient.must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seekjudicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date r Tina Boa Cilpitally sipnetl by Tiria Boan Tina I I Plata'�f7�7 flsl fly Cla'f1Q'A fl-f74'fln' Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of information is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB. 16 Siemens Second Amendment Agreement 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: FAX 445 SOUTH STREET A/CONE 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $ ,/�^" c '�' MED EXP(Any one person) $ DATE, 4.L14 M2 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: WAVER NA—YES— GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY MBINED SINGLE LIMIT EaCO 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:$30,000" AGGREGATE 5,000,000 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 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 D09/27/2022DIYYYY) 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: PHONE FAX 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--22/23 4433 DIEPPA 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-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 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY GLD1110114 10/01/2022 10/01/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE 1XI OCCUR PREMISES (a occurrDence $ 1,000,000 MED EXP(Any one person) $ 100,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY El PRO- ECT ❑ LOC PRODUCTS-COMP/OP AGG $ NCL J OTHER: $ B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-22 10/01/2022 10/01/2023 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 X NON-OWNED PROPERTY DAMAGE $ N/A AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION UB-8P83929A-22-51-K(AOS) 10/01/2022 10/01/2023 X PER PER 1,000,000 EMPLOYERS'LIABILITY STATUTE ER C YIN UB-8P79233A-22-51-R(AZ,MA,WI) 10/01/2022 10/01/2023 1,000,000 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 $ 1,000,000 If yes,describe under """""'$500K LIMIT/$500K SIR"""""' 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 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 MANAGEMENT SEE ATTACHED DATE 1()/4/2()22 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION MONROE COUNTY FACILITIES MAINTENANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CONTRACT MONITOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 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 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:SERVICE PERFORMED BYSII FOR CERTIFICATE HOLDER 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. 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 POLICY NUMBER: TC2J—CAP-74:4OL34A—TIL-22 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROCATION 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 02015 The Travelers Indeminity Company.All,rights reserved• Page 1 of 1 includes copyrighted materiall Of IMUrance Services Office, Inc.with its permission. HDI GLOBAL INSURANCE COMPANY MANUSCRIPT ENDORSEMENT#32 PolicyNumber Namedl Insured GLD1 1101-14 SIEMENS CORPORATION Policy Period., Inception(M-D-Y) Expiration:(M-D-Y) Effective Datean;d Time of Endorsement 10-01-2022 10-01-2,023 10-01-2022 12:01 a.m. Standard) Time at Address of the 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. Authorized Representative All terms and conditions of the policy remain unchanged THIS ENDORSEMENT MUST BE ATTACHED TO ACHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. pn,(., I of I POLICY NUMBER: GLD1 1101-14 COMMERCIAL GENERAL LIABILITY OG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TiO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRO DUCTSICOM PLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person OrOrganiization:- ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section W—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 @ Insurance Services Office, Inc.,2008 Page I of I WORKERS COMPENSATION TRAVELERS AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (pp)- POLICY NIIUMBER: UB-8P83929A-22-51-K WAIVER OF OUR IRIGHT 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: 08-2 9-22 ST ASSIGN: